JAKARTA – Lately, the polemic on the issue of online transportation has intensified and has received protests from business people. This can be seen from several parties who disagree with the Minister of Transportation Regulation No. 108 of 2017 concerning the Implementation of People Transportation with Non-Route Public Vehicles (PM 108).
Dirlantas Polda Metro Jaya Kombes Halim Pagarra hopes, the problem of online transportation to be quickly resolved. He responded that Law No. 22/2009 on Road Traffic and Transportation (LLAJ) has been accommodated in relation to the transportation of people and goods.
“It is clear in article 137 that transportation of people and or goods can use motorized vehicles and non-motorized vehicles. This has been accommodated. Included in the obligation to provide, namely in Article 138, that transportation needs are safe, secure, comfortable and affordable,” he said in Jakarta, some time ago.
While in article 140 also mentioned the problem of transporting people by public transportation. However, it is often overlooked that in article 141 it is stated that minimum service standards must be met with security, comfort, affordability, equality and order.
“This problem needs to be discussed as well, how is it implemented in the field. Because of the matter of security, comfort, and affordability, equality and regularity like to be forgotten,” he added.
Not only that, according to him, in article 157 also explained further provisions regarding the transportation of people with public transport not on routes regulated in ministerial regulations. Who is responsible for facilities and infrastructure and road transportation.
“It is clear in this case that the Minister of Transportation in the ministerial regulation which was made three times in Number 32/2016, 26/2017, 108/2017 has already been mentioned,” he said.
This polemic is very complex, but the point of safety and comfort for passengers must be prioritized. There is no need to change the rules which are clearly the main guiding principle. It’s just that the application must be truly carried out and at this time it may be necessary to also carry out socialization again.
“Many legal experts have said that they are strengthening ministerial regulations. There is no need to change the law, which needs to be changed and needs to be explored is the regulation of ministers in charge of these rights,” he added.
In response to this problem legal expert Markus also revealed that Ministerial Regulation Number 108 must involve other Ministries if needed. According to him, is Permenhub not enough to regulate it? If it really has to involve other Ministries, it must be involved in the form of the legal regulations. “Those who can reach that can be the Presidential Regulation which can be a Government Regulation,” he said.