Review of the Az zari'ah Concept and Theory of Legal Effectiveness in PPPA Ministerial Regulation No. 5 of 2022

Abstract

The presence of PPPA Regulation No. 5 of 2022 concerning Coordination Procedures for Monitoring the Implementation of Children is expected to help solve problems regarding violence against children that often still occur. However, in this Regulation there is a problematic Article, namely Article 30 which states that the Governor is appointed by the PPPA minister to be the head of the provincial child protection coordination team. Of course this will cause some problems that are most likely to occur. This paper tries to find out how adz-dzari’ah views Article 30 in PPPA Regulation No. 5 of 2022 and how effective PPPA Regulation No. 5 of 2022 is in an effort to provide protection for children. The results of this study are: first, in terms of adz-dzari’ah, article 30 should be abolished because it will cause mafsadah and must be avoided. Secondly, this candy has not been effective. The advice that can be given is: The government should be wiser in expressing word for word in a regulation. Furthermore, there is a discrepancy between several Articles, therefore it is important that this issue be studied in depth.