By: Mirwan Achmad)*
Transportation is an area of activity that is very important in the life of Indonesian society. Recognizing the important role of transportation, traffic and road transport must be organized in an integrated national transportation system and capable of realizing the availability of transportation services in accordance with the level of traffic needs and transportation services that are orderly, convenient, fast, smooth and cheap. Humans as social beings have many needs that must be fulfilled for the welfare of his life. These needs are not possible to be fulfilled in one location. Therefore humans need transportation to make the movement of people and / or goods from one place to another by using a vehicle.
But the existence of motorcycles as a form of the fulfillment of demand (demand) of the public will be transported with service operations such as motorcycles are without official permission from the government. Law Number 22 Year 2009 on Road Transport Traffic (UULAJ) and Government Regulation No. 74 Year 2014 on Road Transportation states that motorcycles are permitted to transport people but are not referred to as part of the mode of transporting people by public transport, the presence of motorcycles required by the community as one of the modes of transport services of people and motorcycles as a type of one mode of transportation permitted the government as the transport of people, but motorcycles are not permitted to operate as public transportation, although this does not mean that the reason for the omission of this business activity, considering there are some conflicts also arising from this business activity.
The development of application technology today, gave birth to new ideas for the transportation world of Indonesia, that is an application-based public transportation business. With the conveniences offered, this business gets a good response from the public. Slowly the public began to abandon conventional public transport to application-based transportation services.
Due to the large number of people who prefer this application-based mode of transportation, there is turmoil that eventually leads to conflict between conventional public transport drivers and app-based transport. Therefore, the government through the Ministry of Transportation, gave birth to Permenhub No 26 of 2017 on the Implementation of Transport of People with Public Vehicles Not In Route (PM 26) as a legal umbrella and efforts to regulate this application-based mode of transportation.
However, some time ago, six drivers of a special lease conveyed an objection and filed a petition for judicial review of a number of articles in the Minister of Transportation Regulation No. 26/2012 on the Transportation of People With No Public Motor Vehicles In the Trajectory to the Supreme Court (MA).
The final judgment of the Supreme Court ultimately states that there are a number of articles of the proceedings in the proceedings which are contrary to the higher laws and have no binding legal force. There are at least 14 points in the Ministerial Regulation Number 26 of 2017 which is deemed to be contradictory to the higher law, namely Law Number 20 Year 2008 regarding Micro, Small and Medium Enterprises and Law Number 22 Year 2009 on Traffic and Road Transport.
With the revocation of several articles relating to public transport-based applications, there is no legal law for public vehicles based on the application which means it could be detrimental to consumers, service providers and other related parties.
Although the rules on application-based transportation have been revoked by the Supreme Court, the government through the Ministry of Transportation will continue to strive that to organize public transport-based applications so that no party feels disadvantaged. Minister of Transportation with his staff and experts will soon be discussing and preparing a new legal law so that there is equivalent of application-based transportation with conventional transportation.
)* The author is CIDISS Contributor
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