Pengawasan dan Pengendalian Penjualan Minuman Beralkohol Dilakukan oleh Pemerintah Kota Medan Berdasarkan Peraturan Walikota Medan Nomor 13 Tahun 2024 Tentang Persyaratan dan Tata Cara Penerbitan Surat Keterangan Pengecer, Surat Keterangan Penjual Langsung Minuman Beralkohol Golongan B dan C

Abstract

The distribution of alcoholic beverages in Indonesia requires permits regulated by several regulations, namely: Presidential Regulation of the Republic of Indonesia Number 74 of 2013 concerning Control and Supervision of Alcoholic Beverages; Minister of Trade ,Regulation Number 20/M-DAG/PER/4/2014 concerning Control and Supervision of the Procurement, Distribution, and Sale of Alcoholic Beverages, along with amendments made by the Ministry of Trade. These regulations govern the role of the government in controlling the sale of alcoholic beverages from the national to the regional level. However, there has been no follow-up in the form of mayoral regulations that establish legal norms at the regional level, so the practice of selling alcoholic beverages in wholesalers and stores remains relatively unrestricted. This research uses normative legal research because, in addressing the formulated issues, it clearly prioritizes library materials or secondary data. Normative legal research emphasizes secondary data, including regulations and legal theories, with an empirical approach. The regulations regarding the sale of alcoholic beverages have provided legal certainty, as they regulate the supervision of alcoholic beverages by the relevant trade agency, the locations for selling alcoholic beverages, the procedures for obtaining sales permits, and sanctions for non-compliance. The efforts of the Medan city government in implementing the control of alcoholic beverage sales have not been optimal because the trade agency has not been able to supervise the sale of alcoholic beverages, even though the regulations are adequate for the supervision of alcoholic beverage sales. The obstacles faced by the Medan city government in following up on the prohibition, control, and supervision of alcoholic beverage sales can be seen from Friedman's legal system theory, namely the legal structure, legal substance, and legal culture. In terms of the legal structure, the obstacle faced is the lack of personnel assigned to supervise the sale of alcoholic beverages, which hinders the implementation of supervision and control.