ANALISIS YURIDIS PASAL 93 PERATURAN DAERAH PROVINSI GORONTALO NOMOR 9 TAHUN 2017 TENTANG RENCANA TATA RUANG KAWASAN STRATEGIS DANAU LIMBOTO PERSPERKTIF FIKIH SIYASAH

Abstract

This research raises two issues, namely: 1) How the criminal provisions of Article 93 of Gorontalo Provincial Regulation Number 9 of 2017 concerning the Strategic Area Spatial Plan of Lake Limboto Province are reviewed from Law Number 12 of 2011 concerning the Establishment of Laws and Regulations and; 2) How the material of criminal content in Article 93 of the Regional Regulation of Gorontalo Province is the perspective of fiqh siyasah;

This type of research is library research using a normative juridical approach, namely researchers who are analyzed based on laws and regulations relevant to the problem under study, with the object of research Gorontalo Province Regional Regulation Number 9 of 2017 concerning the Strategic Area Spatial Plan of Lake Limboto Province, Law Number 12 of 2011 which regulates the Establishment of Laws and Regulations, Law Number 26 of 2007 concerning Spatial Planning. The source of this research is in the form of primary legal materials derived from laws and regulations and secondary legal materials, namely those from books, journals, theses, other scientific papers and other sources in the form of the Big Indonesian Dictionary (KBBI) and other sources that can provide explanations about these primary and secondary legal materials.

The results of the research obtained that article 93 of Gorontalo Provincial Regional Regulation Number 9 of 2017 Spatial Plan for the Strategic Area of Lake Limboto illustrates the unclarity of the delegation of authority regarding the elaboration of legal certainty and legal clarity. Then, based on the view of fiqh siyasah dusturiyah as the purpose of the establishment of a law, seen from the Quran and Hadith is unfair because of the discrepancy between criminal sanctions given based on the level of damage done.