The Effectiveness Of The Implementation Of Article 31 Paragraph (1) Toward Street Vendors In Tangerang Regency

Abstract

An empirical legal inquiry was undertaken into the regulation of street-vendor organization and empowerment in Tangerang Regency, the enforcement of Article 31 paragraph (1) under Tangerang Regency Regional Regulation No. 8/2015, and a model for improving its operation. Statutory materials, concepts, and cases were examined within this empirical approach. Evidence was assembled from documentary sources, observations, literature, and interviews involving the Head of Investigation and Enforcement Section at Tangerang Regency's Civil Service Police Unit (Satpol PP), personnel serving as Civil Servant Investigators (PPNS), vendors, and the agencies concerned. The interpretive framework drew on the accounts of legal validity by Hans Kelsen, the legal system by Lawrence M. Friedman, and criminal law policy by Barda Nawawi Arief. The findings establish the provision's legal validity through the authority responsible for its enactment and its place in the legislative hierarchy. Nevertheless, enforcement also requires attention to the rule's content, legality, and compatibility with national criminal law. The intended effectiveness has not been fully achieved: trading continues in unauthorized areas, and 30 vendors were brought before summary criminal hearings (Tipiring) during March 2024. Improvement calls for a combined penal and non-penal strategy in which regulatory enforcement is accompanied by guidance, empowerment, and access to suitable trading premises.