Question

With low prices and many online transportation services such as Go-Car, GrabCar, and Uber, the service users often ask to be taken to Soekarno Hatta Airport. Airport security officers often raid these services by stopping, checking cellphone contents, and then asking for Rp. 500 thousand and giving push up penalties to rolling the aircraft wheels. Do the security officers’ actions have a legal basis? Did the security officers’ actions violate certain laws? For your attention and response, thank you very much.

Full Review
 
Online Transportation

Our arrangements regarding online transportation or application-based transportation can refer to the Minister of Transportation Regulation Number PM 118 Year 2018 concerning the Implementation of Special Rental Transportation (“Permenhub 118/2018”).
 
Online transportation (from the Go-Car, GrabCar, and Uber companies) as you mentioned, in Permenhub 118/2018 relates to the definition of Special Rental Services, namely door-to-door transportation services with drivers, having operations in urban areas, from and to airports, ports, or other transportation nodes as well as bookings using information technology-based applications, with rates stated in the application. [1]
 
Special Rental Service Terms

Special rental transportation, must fulfill the following service criteria: [2]
a. the operating area is in urban areas, and from and to airports, ports, or other transportation nodes;
b. not scheduled;
c. door to door service;
d. the destination of the trip is determined by the service user;
e. the amount of the Transport tariff is stated in information technology-based applications;
f. meet Minimum Service Standards; and
g. bookings are made through information technology-based applications.

Specific areas of rental transport operations are established taking into account: [3]
a. stipulation of classification of urban areas;
b. estimated special rental service needs;
c. urban or urban development; and
d. availability of adequate road infrastructure.

The area of ​​operation of this particular rental transportation is determined by: [4]
a. The Minister of Transportation for the special leasing operation area that exceeds 1 (one) provincial area and which exceeds 1 (one) provincial area in the Jakarta, Bogor, Depok, Tangerang and Bekasi regions;
b. Governor for special rental transportation operation area that exceeds 1 (one) regency / city area in 1 (one) province area.
 
Public motorized vehicles used for special rental transportation services are public motorized vehicles with a cylinder capacity limit of at least 1,000 (one thousand) cubic centimeters and must meet the following requirements: [5]
a. General motorized vehicles used include:
1. Sedan passenger car; and / or
2. Passenger cars are not sedans;
b. use motorized vehicle number marks with black and white base colors in accordance with the data in the application or in accordance with the provisions of legislation;
c. meet the minimum service standard requirements;
d. equipped with an application that shows the amount charged to passengers and the driver and vehicle identity stated on the application;
e. equipped with a driver’s performance monitor that can record vehicle speed and driver behavior in operating the vehicle;
f. equipped with Motorized Vehicle Registration Number (STNK) and special rental transportation permit; and
g. include the e-mail address and public complaint service telephone number that is placed in the vehicle and easily read by service users.
 
Can Online Taxis Enter the Airport?

If referring to the definition of special rental transportation and its operating area, this online transportation (special rental vehicle) may operate from and to the airport.

However, as explained in the Online Taxis article that may be at Soetta Airport, this is the condition that we access from Angkasa Pura II’s website, explained that PT Angkasa Pura II still prohibits online-based taxis from operating or transporting passengers from Soekarno-Hatta International Airport (Soetta) . This prohibition applies until the online taxi provider has fulfilled the conditions set. PT Angkasa Pura II Managing Director Muhammad Awaluddin stated, his party would follow the rules set by the regulator or the Ministry of Transportation. Online-based taxi providers are required to meet all the requirements set. As long as the provider has not met the requirements set by the Ministry of Transportation, Angkasa Pura II continues to prohibit online-based taxis from transporting passengers from Soetta Airport.

So concluding the above explanations, online taxis can operate at the airport if they comply with the provisions stipulated in Minister of Transportation Regulation 118/20

Actions of Airport Officers Against Illegal Special Rental Transportation

Regarding your question about airport security officers raiding an online taxi by stopping, checking the contents of the cellphone, and then asking for Rp. 500 thousand and giving push up penalties to rolling the plane wheels, are the security officers’ actions any legal basis?
 
As we explained, online taxis have a legal umbrella and can also operate at airports but must meet the requirements set by the government in Permenhub 118/2018.
 
What about the actions of the security officer? Throughout our search, there are no written provisions or legal basis regarding the authority and sanctions that can be given by airport security officers. There is only supervision on the fulfillment of conditions for special rental transport. [6]
 
The supervisors include: [7]
a. Civil Servant Investigation Officer in the field of traffic and road transportation; and / or
b. Republic of Indonesia National Police Officer.
 
In our opinion, if the action of the security officer asking for Rp. 500 thousand is not based on law, and is carried out against the rights, force with violence or threats of violence, then the act can be classified as a criminal act of extortion as stipulated in Article 368 of the Law. Criminal Law (“KUHP”) which reads:
 
Whoever intends to benefit themselves or others by opposing rights, forcing people with violence or threats of violence, so that the person gives the goods, which at all or part of it belongs to the person belonging to someone else or that person makes a debt or abolishes the accounts , convicted of extortion with a prison term of nine years.
 
Thus the answer from us, hopefully useful.
 
Legal basis:
1. Criminal Code;
2. Minister of Transportation Regulation Number PM 118 Year 2018 concerning the Implementation of Special Rental Transportation.
 
Reference:
Online taxis may be at Soetta Airport, this is the condition, accessed on Tuesday, January 15, 2019, at 14.00 WIB.
[1] Article 1 number 7 Permenhub 118/2018
[2] Article 3 paragraph (1) Permenhub 118/2018
[3] Article 7 paragraph (1) Permenhub 118/2018
[4] Article 7 paragraph (2) Permenhub 118/2018
[5] Article 4 and Article 5 Permenhub 118/2018
[6] Article 30 paragraph (1) Permenhub 118/2018
[7] Article 29 paragraph (4) Permenhub 118/2018