Ministry of Transportation (Kemenhub) will enact a revision of Regulation of the Minister of Transportation (Permenhub) no. 32 years 2016 on 1 April. The revision aims to provide legal umbrella as well as rules for the operation of online taxi service or four-wheeled transportation (car) based applications.
Although it will be enacted, the revised Permenhub is still there is controversy. Especially is the existence of new rule points that are considered to complicate the operation of application-based transportation services.
Because of this revision, three major online taxi service providers in Indonesia, Go-Jek (Go-Car), Uber, and Grab (Grab Car), agreed to issue a joint statement. The statement contains which parts of the revision were received, and which raised the objection.
Service provider’s objection
There are three points that trigger objections, as assessed would hamper the application-based transportation business ecosystem.
The first point in this objection is about setting up an online transport fleet quota. In the revision mentioned, the determination of quotas shall be made by the Governor in accordance with the domicile of the company; And head of Jakarta Transportation Management Agency for Jabodetabek.
“We think it is not in line with the spirit of a populist economy based on technology. We believe that the quota on the number of vehicles, both users of mobility and conventional applications, need not be limited because it has the potential to present an uncompetitive business climate, “it said in the joint letter.
The second point is an objection to the existence of a top-down tariff rule. Go-Jek, Grab, and Uber agreed to object to this arrangement because they considered the technology sufficient to provide accurate pricing.
In addition, there are concerns that the determination of tariffs will only make people difficult to get transportation services at affordable prices.
“We assess the determination of the limits of the special rental fee planned to be determined by the Governor in the area of availability of services not in accordance with the spirit to bring the equivalence of the price,” wrote the three.
The third point is an objection to the obligation of the vehicle to be registered (BPKB) on behalf of a legal entity or cooperative. The objection is stated by Go-Jek, Grab and Uber on the basis of an understanding that the driver’s partner is required to transfer ownership of the vehicle to a legal entity or cooperative.
Without a corporate name, the driver’s partner can not cooperate with Go-Jek, Grab, or Uber to provide transportation services.
“This duty is contrary to the principle of populist economy which animates the legal entity / co-operative which oversees the drivers in earning a living, in the end, this obligation is contrary to the 1945 Constitution,” reads the letter.
Despite the objection to the three-point revision of Permenhub. 32 years 2016, Go-Jek, Grab, and Uber also agreed to accept other rule points. Even the three companies promise to facilitate the implementation of other points that.
One of the accepted points is the plan for the regulation of periodic test of motor vehicles (KIR) with the provision of embossed plates (special marks). This point is agreed because it works to ensure comfort and safety driving.
Kemenhub itself has conducted a public test to capture input on the revision of Permenhub No 32 of 2016. The first test was conducted in Jakarta, Friday (17/2/2017), while the second test was conducted in Makassar on Friday (10/3/2017).
In total there are 11 new rule points listed in the revision of Permenhub No 32 of 2016. According to Kemenhub itself, there are four root problems in the community related to ride-sharing, namely tariffs, quotas, taxes, and sanctions.
The four things are then accommodated in the 11 points, which are then responded by Go-Jek, Grab, and Uber.