The paradox of sidewalk regulation: Assessing constitutional justice and the economic livelihood of the people in Cirebon regency

Abstract

Cirebon Regency, located in the eastern part of West Java, has experienced rapid economic growth, marked by the proliferation of informal trade activities, particularly street vendors (pedagang kaki lima or PKL). The presence of street vendors in public spaces, such as sidewalks, reflects the socio-economic reality of marginalized communities who rely on small-scale trade as their primary source of livelihood. Their existence embodies the spirit of economic democracy yet is often perceived as a disruption to urban aesthetics and public order. In response, the Cirebon Regency Government enacted Regional Regulation Number 3 of 2015 to regulate street vendors. However, this legal framework adopts a predominantly formalistic approach with limited public dialogue, thereby raising concerns of substantive justice. This study analyzes the regulation of street vendors from the perspective of constitutional justice, drawing on Article 27(2) and Article 28D(1) of the 1945 Constitution. Employing a normative legal approach and policy analysis, the paper argues that restrictions on PKL activities must adhere to the principles of non-discrimination, public participation, and proportionality. Furthermore, it proposes a dialogical and empowerment-based regulatory model—similar to approaches successfully applied in other cities—adapted to Cirebon’s local characteristics as a religious community and a tourism hub. Ultimately, fair and participatory regulation of street vendors can serve as a concrete manifestation of constitutional rights protection in a democratic rule-of-law state.