The Effectiveness of Regional Regulation No. 3 of 2014 Concerning Irrigation (Case Study of Boundary Line Violation in Cemandi Village, Sidoarjo Regency, East Java, Indonesia)

Abstract

This research is based on the urgency of protecting irrigation delineations as a strategic instrument for sustaining irrigation networks and maintaining order in spatial planning. Although Sidoarjo Regency Regional Regulation No. 3 of 2014 concerning Irrigation explicitly prohibits the construction of buildings in delineation areas, the facts in Cemandi Village demonstrate widespread violations, including permanent structures on irrigation channels. This situation poses a risk of damage to public assets, potential flooding, and conflicts over governance authority between agencies. This research uses empirical legal methods with a qualitative approach. Data were obtained through in-depth interviews with the Brantas River Basin Office (BBWS), the Sidoarjo Regency Public Works, Highways, and Water Resources Agency (PU Bina Marga and SDA), the Public Order Agency (Satpol PP), the Cemandi Village Government, and the local community, supported by observation and documentation studies. The analysis was conducted using Soerjono Soekanto's theory of legal effectiveness, the principles of Good Governance, and the perspective of Maqāṣid al-Sharī‘ah. The results indicate that the implementation of Regional Regulation No. 3 of 2014 in Cemandi Village has not been effective. Ineffectiveness is influenced by weak accountability and the rule of law, the dualism of enforcement authority between agencies, and law enforcement limited to administrative sanctions. The low legal culture of the community, driven by economic motives and informal land-border trading practices, also reinforces violations. From the perspective of Maqāṣid al-Sharī‘ah, this condition does not reflect the public interest because it does not guarantee the protection of state assets (hifẓ al-māl), safety of lives (hifẓ al-nafs), and environmental sustainability (hifẓ al-bī‘ah). The study recommends strengthening coordination through technical MoUs and solution-oriented relocation approaches to ensure effective law enforcement.