Equivalent:
Jurnal Ilmiah Sosial Teknik
Vol. 6, No. 2, July 2024
EFFECTIVENESS OF CIREBON CITY
REGIONAL REGULATION NO. 4 YEAR 2013 ON VIOLATIONS OF THE DISTRIBUTION AND SALE
OF ALCOHOLIC BEVERAGES IN CIREBON CITY
Yodie Pratama Yudha1, Farhan Ahmad Fathurahman2, Nur
Hayati3, Harmono4, Moh Sigit Gunawan5
Swadaya Gunung Jati University, Cirebon,
Indonesia
Email: yodiepratamayudha01@gmail.com, farhanaf890@gmail.com, nurhayati210420001@gmail.com, harmono@ugj.ac.id, sigit.gunawan@ugj.ac.id
ABSTRACT
The objectives of this study are: a) To determine the
effectiveness of Cirebon City Regional Regulation No. 4 of 2013 concerning the
prohibition of the circulation and sale of alcoholic beverages in Cirebon City;
b) To investigate the efforts of the Cirebon City government in tackling the
circulation of liquor following the issuance of the Regulation of the Minister
of Trade No. 20/M-DAG/PER/4/2014. This study uses a qualitative method. The
population includes the Cirebon City Government and the Cirebon City DKUKMPP
Office, where alcoholic beverages are sold. The sampling technique used allows
the researcher to select information sources based on their relevance and
ability to provide necessary data. The data analysis is conducted qualitatively,
involving the following steps: 1) Completing any missing data to ensure it is
comprehensive and accurate; 2) Reducing and summarizing collected data to focus
on key points, which are then systematically organized. The research findings
indicate that the circulation of alcoholic beverages in Cirebon City has many
adverse effects and negatively influences its development as a City of
Guardians. This prompted the local government to prohibit liquor circulation.
However, the enforcement of this prohibition has been hindered by the issuance
of the Minister of Trade Regulation No. 20/M-DAG/PER/4/2014, complicating
efforts by Satpol PP to regulate liquor in certain areas of Cirebon City.
Keywords: Effectiveness, Liquor, Regional Regulations
INTRODUCTION
The use of liquor tends to increase and
expand in various regions, both in big cities and small towns, even to the
point that some people have lost their lives. This is because it is easy to get
the liquor and at a relatively cheap price
If someone consumes excessive amounts of
liquor, conflicts with the community will be vulnerable
Regarding the circulation of liquor, it is
not only the authority of the central government but also belongs to the local
government
Despite Presidential Decree No. 3 of 1997
concerning the Supervision and Control of Alcoholic Beverages, not all
alcoholic beverages are prohibited, and their sale in certain places, such as
cafes and hotels, is still allowed. The Presidential Decree also states that
certain groups of alcoholic beverages can be circulated and sold in certain
areas; this needs to be straightened out
In practice, there are many laws that need to
be synchronized or contradicted vertically from the higher to the lower
Although local regulations have been enforced
in Cirebon City, many liquor sales places are found in certain places such as
hotels and illegal playgrounds with various groups of alcoholic beverages with
a very large amount of alcohol being traded; even the liquor traders do not
limit the number of drinks purchased so that buyers can buy liquor in large
quantities so, providing opportunities
by irresponsible traders to resell the liquor at stores that should not be sold
by the public.
The objectives of this study are: a) To find
out the effectiveness of Cirebon City Regional Regulation No. 4 of 2013
concerning the prohibition of the circulation and sale of alcoholic beverages
in Cirebon City?; b) To find out the efforts of Cirebon City government in
tackling the circulation of liquor after the issuance of the Regulation of the
Minister of Trade No. 20/M-DAG/PER/4/2014.
RESEARCH METHODS
The method used in this study is qualitative.
The population in this study is the Cirebon City Government through the Cirebon
City Pamong Praja Police Unit Office and the Cirebon City DKUKMPP Office. To
facilitate the range, the researcher chose a sampling technique, that is, where
the researcher selects and determines who will be the source of information,
judging from their ability, for the data needed in this study
RESULTS AND DISCUSSION
Effectiveness of
Cirebon City Regional Regulation No. 4 of 2013 concerning the Prohibition of
Circulation and Sale of Alcoholic Beverages in Cirebon City
The
Effectiveness of Regional Regulations in Regulating the Circulation of Liquor
in Cirebon City is based on the results of the research obtained by the author
from the purpose of the research location in the enactment of the Regional
Regulation on Alcoholic Beverages in Cirebon City that the prohibition of
liquor has been regulated in Regional Regulation Number 4 of 2013 concerning
the Prohibition of the Circulation and Sale of Alcoholic Beverages. Although
the Regional Regulation has been enforced, in reality, Cirebon City is still
inseparable from liquor distribution.
There are several reference points of the
Regional Regulation that cannot be implemented effectively, such as:
1. The level of alcohol
control carried out by law enforcement officials has yet to be maximized.
2. Although there is no
punishment for the seller other than the confiscation of evidence, especially
liquor, the punishment factor is low or weak so that the seller is not
discouraged by it.
3. Lack of community
involvement in efforts to stop or limit the circulation of alcohol in their
area.
4. Liquor and other
alcoholic beverages can be purchased and obtained by minors easily.
The formation of the Regional Regulation is
based on the development of Cirebon City, and there are many criminal acts that
originate from the influence of alcoholic beverages, including fights that
manifest in persecution and domestic violence, commotion that makes there is no
calm in the population. This is caused by drinks with very high alcohol content,
which results in a loss of consciousness from those who consume it, so it
becomes the beginning of criminal acts or acts that disturb the community.
The reality in the field regarding the implementation of Government
Regulations in supervising the circulation of alcoholic beverages in Cirebon
City, based on data obtained through the results of an interview with one of
the Informants who is the Chairman of the Cirebon City Satpol PP he said that:
"Before the existence of Regional Regulation Number 4 of 2013 concerning
the Prohibition of the Circulation and Sale of Alcoholic Beverages, the Satpol
PP was not biased to regulate the circulation of liquor in Cirebon City, but
after the existence of the Regional Regulation Number 4 of 2013 concerning the
Prohibition of the Circulation and Sale of Alcoholic Beverages, the control of
liquor can be carried out every month and as a result, the level of liquor circulation
in Cirebon City has decreased drastically between before the issuance of the
regional regulation and after the issuance of the regional regulation.
From the data on Cirebon City Local Government Regulation Number 4 of
2013 concerning the Prohibition of the Circulation and Sale of Alcoholic
Beverages and the results of the author's interviews with alcoholic beverage
traders and community elements in the environment around the place where
alcoholic beverages are sold, if it is connected with the theory of
effectiveness, the effectiveness of regional regulations on liquor on its
circulation in the community in Sorong City has been running well. However,
considering that the risk of the rampant circulation of free liquor in Sorong
City has a very bad effect on daily activities as well as the safety and
tranquility of people living in Sorong City, it requires the Government to
review or tighten the process of controlling and supervising Government
Regulations that regulate it.
The spread of alcoholic beverages in Cirebon City, although it has been
tightened by the local government in terms of controlling and supervising the
sale of alcoholic beverages, it turns out that it cannot close the gates for
certain parties who want to take advantage solely of the liquor trade. Many
frauds are carried out by certain parties to avoid the complexity of
administrative permits, such as selling illegal liquor, selling bootleg alcohol
liquor, and even selling and buying alcoholic beverages without paying
attention to the age limit of the buyer.
From the results of the research data, the impact of the circulation of
alcoholic beverages on the community in the city of Cirebon, in addition to
having many negative effects, also does not have a positive influence,
especially in generating the Original Regional Revenue of Cirebon City from
taxes and the distribution of alcoholic beverage sales licenses, which has an
impact on the absence of an increase in community development in Cirebon City,
because of Cirebon City Regional Government Regulation Number 4 of 2013
concerning Prohibition The circulation and sale of alcoholic beverages will not
allow the Cirebon city government to withdraw the levy from the liquor. This is
what makes the government prohibit liquor from circulating in Cirebon City as
well as tighten supervision and control over its circulation in order to
maintain order and tranquility in community life in Cirebon City.
Cirebon City Government's Efforts to Overcome
the Circulation of Liquor After the Issuance of the Minister of Trade
Regulation No. 20/M-DAG/PER/4/2014
After the issuance of Cirebon City Regional
Regulation No. 4 of 2013 concerning the Prohibition of the Circulation and Sale
of Berakhohol Drinks, where the substance of the regional regulation is the
prohibition of the distribution and sale of all types of drinks containing
Alkhohol, where the Cirebon City Government is considering the issuance of the
regional regulation is that alcoholic beverages are products that can lower the
health and moral status of the nation and are contrary to the vision of
realizing Cirebon City for the period of 2013-2018, which is FRIENDLY
(Religious, Safe, Advanced, Aspirative and Green) so that it is necessary to
prohibit the circulation and sale of alcoholic beverages in Cirebon City.
The regional regulation fund is quite effective in reducing the
circulation of alcoholic beverages in Cirebon City, but after the Minister of
Trade issued ministerial decree No. 20/M-DAG/PER/4/2014 concerning Control and
Supervision of the Procurement, Circulation, and Licensing of Berakhohol
Drinks, wherein the regulation of the minister of trade regulates how drinks
containing alcohol can be circulated and sold in trade, this ministerial
regulation was later amended for the second time through the Regulation of the
Minister of Trade No. 6/M-DAG/PER/1/2015 concerning the Second Amendment to the
Minister of Trade Regulation No. 20/M-DAG/PER/4/2014 concerning Control and
Supervision of the Procurement, Circulation, and Licensing of Berakhohol Drinks
The Regulation of the Minister of Trade regulates where and what kind
of drinks can be traded and or circulated in trade, so in the city of Cirebon
liquor is starting to circulate again in certain places in the city of Cirebon
such as in hotels and entertainment venues and this is difficult to be ordered
by the Pamong Praja Police Unit because business actors in selling liquor take
refuge behind the Minister of Trade Regulation No. 20/M-DAG/PER/4/2014
concerning Control and Supervision against the Procurement, Circulation, and
Licensing of Alcoholic Beverages where this becomes a dilemma and a blunder for
the enforcement of the law on the circulation of alcoholic beverages in the
city of Cirebon because on the one hand alcoholic beverages are prohibited in
the city of Cirebon in accordance with Cirebon City Regional Regulation No. 4
of 2013 concerning the Prohibition of the Circulation and Sale of Berakhohol
Beverages but on the other hand the circulation of alcoholic beverages is
allowed by the Regulation of the Minister of Trade No. 6/M-DAG/PER/1/2015
concerning The Second Amendment to the Minister of Trade Regulation No.
20/M-DAG/PER/4/2014 concerning Control and Supervision of the Procurement,
Circulation, and Licensing of Berakhohol Drinks
From the above explanation regarding the laws of the Cirebon Regional
Government number 4 of 2013, it can be concluded that there is a total ban on
the circulation and trade of all beverage products that contain alcohol.
However, on the contrary, there is a missynchronization with the Regulation of
the Minister of Trade No. 6/M-DAG/PER/1/2015 concerning the Second Amendment to
the Minister of Trade Regulation No. 20/M-DAG/PER/4/2014 concerning Control and
Supervision of the Procurement, Circulation, and Licensing of Berakhohol
Drinks.
The contradiction between the two regulations is between the
regulations of Cirebon City Regional Regulation No. 4 of 2013 concerning the
Prohibition of the Circulation and Sale of Berakhohol Drinks which are
different hierarchies and the Regulation of the Minister of Trade No.
6/M-DAG/PER/1/2015 concerning the Second Amendment to the Minister of Trade
Regulation No. 20/M-DAG/PER/4/2014 concerning Control and Supervision of the
Procurement, Circulation, and Licensing of Berakhohol Drinks. From
the feud, there is a question of what a Ministerial Regulation (Permen) is and
how its position compares to Regional Regulations (Perda)
The basis for the
implementation of regulations regarding the formation of Indonesian laws and
regulations is Law Number 12 of the 2011 PPP. In Article 7, paragraph (1) it is
stated as follows:
(1)
The types and hierarchy of Laws and Regulations consist of:
1.
the Constitution of the Republic of
Indonesia in 1945;
2.
Decree of the People's Consultative
Assembly;
3.
Government Laws/Regulations in Lieu
of Laws;
4.
Government Regulations;
5.
Presidential Regulation;
6.
Provincial Regional Regulations; and
7.
Regency/City Regional Regulations.
The article does not mention
the Ministerial Regulation as a type of legislation and regulation. However,
law and regulation from the beginning to the end is a unity, so we must not
only read the article but must read the next article, namely Article 8, which
reads;
1.
Types of Laws and Regulations other
than those referred to in Article 7 paragraph (1) include regulations
stipulated by the People's Consultative Assembly, the House of People's
Representatives, the Regional Representative Council, the Supreme Court, the
Constitutional Court, the Financial Audit Board, the Judicial Commission, Bank
Indonesia, Ministers, agencies, institutions, or commissions at the same level
established by law or the Government by order of the Law, the Provincial
Regional People's Representative Council,
Governor, Regency/City Regional People's Representative Council,
Regent/Mayor, Village Head or equivalent.
2.
Laws and Regulations, as referred to
in paragraph (1), are recognized for their existence and have binding legal
force as long as they are ordered by higher Laws and Regulations or are formed
based on authority.
The formulation of Article 8
paragraphs (1) and (2) states that one of the other types of laws and
regulations other than those mentioned in Article 7 paragraph (1) is still
recognized and binding on the condition that it is ordered by a higher law or
established based on authority. One of them is the regulation set by the
minister.
Although it does not use the
phrase "Ministerial Regulation" but "... regulations set by the
Minister ...", of course, the Ministerial Regulation in force in Indonesia
is determined by the Minister in accordance with his authority and field and is
generally an effort to revise a law as mentioned in Article 8 paragraph (1) of
the PPP Law, then it can be classified that the Ministerial Regulation is part
of the Indonesian laws and regulations. The same applies to the Regulation of
the Minister of Trade of the Republic of Indonesia with the Regulation of the Minister of Trade
No. 6/M-DAG/PER/1/2015 concerning the Second Amendment to the Minister of Trade
Regulation No. 20/M-DAG/PER/4/2014 concerning Control and Supervision of the
Procurement, Circulation, and Licensing of Berakhohol Beverages.
Ministerial regulations are
an inseparable part of laws and regulations because they have fulfilled the
elements of laws and regulations, namely written regulations, formed by State
institutions or officials, through procedures stipulated in laws and
regulations, and binding in general. Despite its existence not being mentioned
in the hierarchy of laws and regulations (so it is unclear where its position
is compared to the Regional Regulation), the Ministerial Regulation still has a
"high" position compared to the Regional Regulation. The indicators
can be seen from various regional regulations that are formed on the legal
basis of the ministerial regulations.
This reason can be used as a
basis to assess that the position of the Regional Regulation is under the
Ministerial Regulation by considering numbers 41 and 43 of Appendix II of the
PPP Law which explains that only regulations that have a higher or equal
degree, can be used as the legal basis for a law and regulation and the order
of inclusion of laws and regulations that must consider the hierarchy of laws
and regulations.
Another indicator of why
Ministerial Regulation has a higher position than Regional Regulation must
start from the concept contained in Article 1, paragraph (1) of the 1945
Constitution: "Unitary State. "Unitary State' is not only in the
sense of one regionally, but also the government and law. The consequence will
be that the same legal system will apply in a country from the central to the
regional level. For this reason, and comparing it with Article 18 paragraph (1)
of the 1945 Constitution that "the Unitary State of the Republic of
Indonesia is divided into provincial areas and the provincial areas are divided
into districts and cities, where each province, district, and city has a
regional government, which is regulated by law" so that it is concluded
that the (government) of provinces, districts, and cities in Indonesia is an
extension of the (central government) of the Unitary State of the Republic of
Indonesia.
This is then combined with
Article 4 paragraph (1) and Article 17 paragraph (1) of the 1945 Constitution
so that it is made into a conclusion that the President, who is the head of
state and head of government and assisted by ministers in carrying out his
duties in the central government, is the "mother" of every province,
district, and city as well as provinces, districts, and cities must always be
in an inseparable unity with the central government executive who is under the
command of a President. And ministers who are assistants to the President at
the central level. One form of command unity is measured through harmonized
legal products, including between the Ministerial Regulation and the Regional
Regulation.
If there is a Regional
Regulation that is indicated to be incompatible with the Ministerial
Regulation, it can be submitted for judicial review. Judicial review is
a testing process carried out by a judicial institution about the consistency
of the law to the 1945 Constitution or laws and regulations to higher laws and
regulations.
CONCLUSION
This study concludes that the
effectiveness of Regional Regulation No. 4 of 2013 concerning the control and
supervision of liquor circulation in Cirebon City has yet to be maximized. The
Cirebon City Government prohibits the circulation of alcoholic beverages in an
effort to create a conducive security and order situation. However, its
implementation is still constrained by the overlap of regulations between the
Regional Regulation and the Ministerial Regulation, which causes a large number
of alcoholic beverages to circulate, both legal and illegal. Therefore, it is
recommended that the Cirebon City Regional Government review the Regional
Regulation to align it with the Regulation of the Minister of Trade, as well as
revise Law No. 12 of 2011 concerning the Establishment of Laws and Regulations
to include ministerial regulations in the legislative hierarchy, in order to
avoid differences in interpretation and debate between the degree of
Ministerial Regulation and Regional Regulations.
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