Implementasi Peraturan Daerah Kota Medan Nomor 5 Tahun 2012 Tentang Retribusi Izin Mendirikan Bangunan Perspektif Siyāsah Dustūriyyah

Studi Kasus Bangunan Warkop di Jalan Setia Jadi Krakatau, Kelurahan Glugur Darat I, Kecamatan Medan Timur

Abstract

Development in the Medan city area is expanding rapidly, yet this has not been matched by compliance with building permit requirements—specifically, the failure to obtain Building Approval (PBG) or a Building Construction Permit (IMB). The absence of such permits creates potential risks regarding legal issues, safety, and non-compliance with spatial planning regulations. This study aims to examine the implementation of Medan City Regional Regulation Number 5 of 2012 concerning Building Construction Permit (IMB) fees for coffee shops located on Jalan Setia Jadi Krakatau, Glugur Darat I Urban Village, East Medan District, and to analyze the matter from the perspective of Siyāsah dustūriyyah. The study employs an empirical-juridical research method with a qualitative approach. Data were gathered through observation, interviews, documentation, and a literature review of relevant laws and scholarly works. The findings indicate that the implementation of Medan City Regional Regulation Number 5 of 2012 has not been optimal, as there are still business premises operating without the required Building Approval (PBG) or Building Construction Permit (IMB) in accordance with applicable regulations. This situation reflects weak oversight and law enforcement by the local government. From the perspective of siyāsah dustūriyyah, compliance with building permit regulations constitutes obedience to the ulil amri (legitimate authority) for the sake of the public interest. Consequently, unauthorized construction contravenes the principles of order, justice, and public welfare, which are fundamental objectives of Islamic law.