By: Deny Kurniawan) *
Governor Anies Baswedan had previously curbed street vendor street vendors in Tanah Abang so that the Tanah Abang area became an orderly and neat place. However, Governor Anies Baswedan once again destroyed it by closing the Jati Baru road in Tanah Abang for street vendors.
Elected Members of DKI Jakarta DPRD Period 2019 – 2024 from PSI, William Aditya Sarana, said that the authority to close the streets for trading came from Regional Regulation Number 8 of 2007 concerning public order article 25 paragraph (1) which reads: ‘The Governor appoints / stipulates sections roads / sidewalks and other places of public interest as street vendors.
According to him, this means that every road and sidewalk in DKI Jakarta can be closed for selling places with the Governor of DKI Jakarta. Of course it can be imagined, at this time people are selling disorderly on banned streets, moreover there is this authority, it can be even more chaotic and destroyed roads and sidewalks in DKI Jakarta.
The impact of the road closure in Jati Baru, starting from pedestrians to public transportation that wants to pass, is certainly disadvantaged. However, can the road actually be closed?
Of course you can, to answer the question above there are regulations that are higher than the Regional Regulation, namely Law Number 22 Year 2009 concerning Road Traffic and Transportation. In Article 127 paragraph (1) it is written that the road can be closed due to reasons: 1. Religious activities; 2. State Activities; 3. Sports Activities; 4. Cultural activities.
However, it cannot be used for trading activities, that is the basis for William to fight the Governor of DKI Jakarta by clashing Law number 22 of 2009 concerning road traffic and transportation with Perda Number 8 of 2007 concerning public order.
We need to know that local regulations cannot regulate things that are outside of higher regulations, namely the law and when a local regulation governs more than the law means the regulation is contradictory and must be repealed.
The lawsuit was finally granted with the following verdict:
- To grant the petition for objection to the material test rights from the applicants, namely 1. William Aditya Saranda, 2. Zico Leonard Djagardo.
- Stating that article 25 paragraph (1) of the Jakarta Province Regulation No. 8 of 2007 concerning public order is contrary to Article 127 paragraph (1) of Law number 22 of 2009 concerning road traffic and transportation, does not have binding legal force and does not apply general.
- Order the Registrar of the Supreme Court to send a copy of this ruling to the regional secretariat for inclusion in the Regional News.
- Refusing the Petition of Other Petitioners and the rest.
- Punish the Respondent to pay a court fee of Rp 1,000,000
With this granted, Anies Baswedan not only had to curb street vendors in the streets of Jati Baru, but throughout DKI Jakarta because his authority to close the road to trade was gone.
This means no more news about thugs who pretend to ask for money from street vendors on the street. The verdict should be a precedent for DKI Jakarta to be neater and orderly, because Indonesia is a legal state rather than a thug state.
Anies Baswedan may be known as a smart drafter, but his credibility as an executor still seems to be questioned again, so it is only natural that at this time Anies Baswedan’s name often appears on the screen because of the rampant demands made on him.
It is common knowledge, that the use of Roads for street vendor business stalls is detrimental to the greater public interest, namely pedestrians and public vehicles. In addition, allowing street vendors to sell on the streets and sidewalks is considered the same as growing thuggery.
The impact of thuggery is certainly not anticipated by Anies, of course the traders will feel heavy and uncomfortable if their trading activities must be disturbed by thugs who only have capital.
) * The author is a social political observer