LEGAL BASIS OF IMPOSING SANCTIONS ON ILLEGAL PARKING RETRIBUTION COLLECTORS FROM THE MAQĀṢID PERSPECTIVE

Abstract

The phenomenon of illegal parking fees in Banda Aceh City has caused public unrest. Unfortunately, the authorities cannot take action because there are no rules. In the context of the Sharia Law implementation in Aceh, the qanun (law) that enforces must have a basis of shar'ī sovereignty. Therefore, this study examines the legal basis for imposing sanctions on collectors of illegal parking fee from the perspective of maqāṣid al-sharīa. This study is a normative legal research that using the maqāṣidī approach. The researcher found that the City of Banda Aceh Qanun Number 4 of 2012 did not contain sanctions against collectors of illegal parking retribution, even though the collectors of illegal parking fees take advantage of this qanun. The researchers found that fake collectors must to punish because of acts of treason against the state. The legal basis is the specific purpose of the Shari'a (maqāṣid al-khāṣṣah) contained in verse 105 of Surah an-Nisa'. This study concludes that the government must not defend traitors, so government must impose sanctions.