LAW OF REPUBLIC OF INDONESIA NUMBER 22 YEAR 2009

CONCERNING

ROAD TRAFFIC AND TRANSPORTATION

[OFFICIAL TRANSLATION]

LAW OF REPUBLIC OF INDONESIA

NUMBER 22 YEAR 2009

CONCERNING

ROAD TRAFFIC AND TRANSPORTATION

MINISTRY OF TRANSPORTATION

DIRECTORATE GENERAL OF LAND TRANSPORTATION

2010

1

FOREWORD

We send our praise up to Allah S.W.T. for His blessing and Will that this Law No. 22 of 2009 concerning Road Traffic and Transportation had been ratified on June 22, 2009. Law No. 22 of 2009 concerning Road Traffic and Transportation is in lieu of Law No. 14 of 1992 concerning Road Traffic and Transportation which was no longer suitable to the changed conditions of strategic environment and the current need of Road Traffic and Transportation implementation.

The enactment of Law No. 22 of 2009 concerning Road Traffic and Transportation requires mental and moral preparedness, of both the people and apparatus, on how far is those two parties' preparedness in implementing it. Law No. 22 of 2009 has a strategic role in supporting the national development and integration as part of the efforts to improve the public welfare as mandated by 1945 Constitution of Republic of Indonesia. As part of the national transportation system, the potential and role of Road Traffic and Transportation must be extended in realizing the safety. security, welfare. orderliness of Road Traffic and Transportation practices in the frame of supporting the economic building and sciences and technology development, regional autonomy as well as the accountability of state administration.

Law No. 22 of 2009 was issued in the frame of anticipating the development of global strategic environment that needs national tenaCity to compete in the global competition as well as to meet the demand of a new paradigm which longs for a better, transparent and accountable governmental service. In this Law the various visionary breakthroughs and quite significant changes compared to Law No. 14 of 1992 concerning Road Traffic and Transportation is formulated.

2

May the issuance of this law can be useful for the public, the traffic discipline improvement and the traffic ethics and national culture realization.

Thank you.

Jakarta,August2009

DIRECTORGENERAL OF LAND TRANSPORTATION

signed

SUROYO ALiMOESO

3

TABLE OF CONTENT

Part Four - Motorized Vehicle

Foreword 2 Accessories 50

Table of Content Part Five - Motorized Vehicle Public 4

Service Station 52 Law of Republic of Indonesia Number 22 Year 2009

Part Six - Non Motorized Vehicle 53 Concerning Road Traffic and Transportation 11 Part Seven - Registration and

CHAPTER I GENERAL PROVISION 13 Identification of

CHAPTER II PRINCIPLES AND OBJECTIVES 17 Motorized Vehicle 55

CHAPTER III SCOPE OF LAW ENFORCEMENT 18 Part Eighl - Administrative Sanction 62

CHAPTER IV DEVELOPMENT 19 CHAPTER VIII DRIVER 63

CHAPTER V ORGANIZING 21 Part One . Driving License 63

CHAPTER VI ROAD TRAFFIC AND TRANSPORTATION Part Two - Issuance and Marking of NETWORK 26 Driving License 71

Part One - Road Traffic and Part Three - Driver Work Times 72 Transportation Network Part Four - Administrative Sanction 73 Master Plan 26 CHAPTER IX TRAFFIC 74

Part Two - T raffle Space 29 Part One - Traffic Management and Part Three - Road Reservation Fund 35 Engineering 74 Part Four - Terminal 36 Part Two - Traffic Impact Analysis 79 Part Five - Parking Facility 40 Part Three - Prioritizing of T raffle Part Six - Supporting Facility 41 SignalingTool, Traffic Signs,

CHAPTER VII VEHICLE 43 Road Marksand Competent Officer 81

Part One - Type and Function of Part Four - Procedure for Traffic 83 Vehicle 43

Part Two - Technical and Operational Part Five - Use of Road Other Than

Worthiness Requirements of For Traffic Activity 94

Motorized Vehicle 44 Part Six - Right and obligation of

Part Three - Motorized Vehicle Testing 45 Pedestrian in Using Traffic 95

Part Seven - Traffic Need Management 96

4

5

Part Eight - Main Right of Road Users For Smoothness 98 Part Thirteen - Public Transportation

Part Nine - Administrative Sanction 99 Service Industry 129

CHAPTER X TRANSPORTATION 100 Part Fourteen - Administrative Sanction 130

Part One - Person and Goods CHAPTER XI ROAD TRAFFIC AND TRANSPORTATION

Transportation 100 SECURITY AND SAFETY 130 Part Two - Obligation to Provide Public Part One - Road Traffic and

Transportation 101 Transportation Security 130

Part Three - Passenger Transportation Part Two - Road Traffic and

by Public Motorized Transportation Safety 132 Vehicle 102 Part Three - Supervision of Road Traffic

Part Four - Goods Transportation by and Transportation Security

Public Motorized and Safety 133 Vehicle 110 Part Four - Road Traffic and

Part Five - Multimodal Transportation 112 Transportation Security

Part Six - Document of Passenger and Safety Culture 135

and Goods Transportation CHAPTER XII ENVIRONMENTAL IMPACT 136 by Public Motorized Part One - Road Traffic and Vehicle 113 Transportation Environmental

Part Seven - Goods Load Supervision 114 Preservation Protection 136 Part Eight - Transportation Operation 116 Part Two - Road Traffic and Part Nine - Transportation Tariffs 123 Transportation Environmental

Part Ten - Public Passenger Impact Prevention and

Transportation Overcome 136 Subsidy 122 Part Three - Right and Obligation 137

Part Eleven - Obligation, Right and Part Four - AdministratIve Sanction 139 Responsibility of Public CHAPTER XIII INDUSTRIAL AND TECHNOLOGY Transportation Company 124 DEVELOPMENT OF ROAD TRAFFIC AND

Part Twelve - Organizer Responsibility 128 TRANSPORTATION FACILITY AND INFRASTRUCTURE 140

Part One - General 140

6

7

Part Two - Motorized Vehicle Design Development 141

Part One _ Information and Part Three - Road Traffic and communication system

Transportation Infrastructure organization 152 Industry and Technology

Part Two _ Information and Development 142 communication system

Part Four - Empowerment of Road management 154 Traffic and Transportation

Part Three _ Development of information Infrastructure Industry 143 and communication

Part Five - Further Arrangement 144 system 154

CHAPTER XIV TRAFFIC ACCIDENT 144 Part Four - Information and Part One - T raffle Accident communication system

Prevention 144 control center 155

Part Two - Traffic Accident Part Five - Further Arrangements 157

Handling 145 CHAPTER XVII HUMAN RESOURCES 157

Part Three - Obligation and CHAPTER XVIII COMMUNITY PARTICIPATION 158 Responsibility 148

INVESTIGATION AND ACTION TAKING CHAPTER XIX Part Four - Right of Ihe Victim 150 FOR ROAD TRAFFIC AND

CHAPTER XV SPECIAL TREATMENT FOR DISABLED TRANSPORTATIONVIOLATION 160

PERSON, OLD AGE PEOPLE, CHILDREN, Part One - Investigation 160

PREGNANT WOMEN AND Part Two - Road Traffic and SICK PERSON 151 Transportation Violation Part One - Scope of Special Action Taking 164

Treatment 151 Part Three _ Sequestrated Goods Part Two - Administrative Sanctions 152 Handling 167

CHAPTER XVI INFORMATION AND COMMUNICATION CHAPTER XX CRIMINAL PROVISION 168

SYSTEM OF TRAFFIC AND ROAD CHAPTER XXI TRANSITIONAL PROVISION 186 TRANSPORTATION 152

CLOSING PROVISION 187 CHAPTER XXII

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9

ELUCIDATION of

Law of Republic of Indonesia Number 22 Year 2009 Conceming Road Traffic and Transportation

10

187

190

LAW OF REPUBLIC OF INDONESIA

NUMBER 22 YEAR 2009

CONCERNING

ROAD TRAFFIC AND TRANSPORTATION

MINISTRY OF TRANSPORTATION DIRECTORATE GENRERAL OF LAND TRANSPORT

2010

PRESIDENT OF THE REPUBLIC OF INDONESIA

LAW OF THE REPUBLIC OF INDONESIA

N<JMBER 22 YEAR 2009

CONCERNING

ROAD TRAFFIC AND TRANSPORTATION

BY THE BLESS OF THE ONE SUPREME GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering a. that Road Traffic and Transportation has a strategic role in supporting the national development and integration as part of the efforts to improve the public welfare as mandated by 1945 Constitution of Republic of Indonesia;

b. that Road Traffic and Transportation as part of the national transportation system, the Road Traffic and Transportation must be extended its potential and role in realizing the security, safety. orderliness and smoothness of Road Traffic and Transportation practices in the frame of supporting the economic development and territorial expansion;

C. that . .. 11

c. that the development of national and international strategic environment demands a Road Traffic and Transportation implementation which is suitable to the development of sciences and technology, regional autonomy, as well as the accountability of state administration.

d. that Law No. 14 of 1992 Concerning Road Traffic and Transportation is no longer suitable to the condition, changes on strategic environment, and the current need of Road Traffic and Transportation so it must be substituted with a new law;

e. that based on such considerations as referred to in letters a, b, c, and d it is necessary to compose a Law on Traffic and Road Transportation;

In view of . .. 12

In view of Article 5 paragraph (1) and Article 20 paragraphs (1) and (2) of 1945 Constitution of Republic of indonesia.

Under The Mutual Agreement

HOUSE OF PEOPLE'S REPRESENTATIVE OF REPUBLIC OF

INDONESIA

AND

PRESIDENT OF REPUBLIC OF INDONESIA

HAS DICIDED:

To Stipulate LAW CONCERNING ROAD TRAFFIC AND TRANSPORTATION

CHAPTER I

GENERAL PROVtSIONS

Article 1

in this Law:

1. Road Traffic and Transportation shall mean the integrated • system consisting of Traffic, Road Transportation, Road ' Traffic and Transportation networks, Road Traffic and

Transportation infrastructure, vehicles, drivers. road users as well as their management.

2. traffic . ..

13

2. Traffic shall mean the motion of vehicles and people at Road traffic spaces.

3 . Transportation shall mean the movement of people and/or goods from one place to another by vehicles at r.oa~ traffic spaces.

4. Road Traffic and Transportation networks shall mean a chain of nodes and/or spaces of activities connected each other for the implementation of Road Traffic and Transportation.

5. Pool shall mean the place designated for the intra and inter mode exchange in terms of Terminal, railway station, seaport, river and lake port, and/or airport.

6. Road Traffic and Transportation Infrastructure shall mean the Traffic Space, Terminal and Road Equipment comprising the mark, sign, Traffic Signaling Tool and Road User controller and securing tool , Road observing and securing tool as well as supporting facility.

7. Vehicle shall mean a transporting facility in the road consisting of Motor and Non- Motorized Vehicle.

8. Motorized Vehicle shall mean each Vehicle activated by the mechanic equipment in terms of engine besides the Vehicle running on the railway trade

9. Non-Motorized Vehicle shall mean each Vehicle activated by human and/or animal.

10. Public Motorized Vehicle shall mean each Vehicle used for goods and/or person transportation with charge.

11 . Road Traffic Space shall mean the infrastructure designated for the movement space of Vehicle, person and/or goods in terms of Road and supporting facility.

12. Road shall mean all parts of Road, including Ihe complementary building and its equipment deSignated for public Traffic, being on the surface. over the surface, under the surface and/or water, as well as above the waters except the railway and cable road.

13. Terminal shall mean the pool of Public Motorized Vehicle used to arrange the arrival and departure, embarkation and disembarkation of person and/or goods as well as transportation mode movement.

14. Shelter ... 14

14. Shelter shall mean the point of stop of Public Motorized Vehicle to embark and disembark the passengers.

15. Parking shall mean the condition where the Vehicle stops or does not move for a while and is left by the driver.

16. Stopping shall mean the condition where the Vehicle does not move temporarily and is not left by the driver.

17. Traffic Sign shall mean the Road eqUipment part in terms of symbol, letter, figure, sentence and/or the combination functioned as the warning, restriction, instruction or direction for the Road Users.

18. Road Marl< shall mean the sign on the Road surface, or over the Road surface comprising the equipment or mark forming the stretching line, crossing line, slanting line as well as the symbol functioning to direct the Traffic direction and limit the Traffic interest area.

19. Traffic Signaling Tool shall mean the electronic devices using the lamp signal that can be equipped with the voice signal to arrange the Traffic of person and/or Vehicle in the intersection or the Road section.

20. Motor Cycle shall mean the two-wheel Motorized Vehicle with or without casing or side wagon or the three-wheel Motorized Vehicle without casing.

21 . Public Transportation Company shall mean the corporate body providing the person and/or goods transportation . service by Public Motorized Vehicle.

22. Road User shall mean the Individual or corporate body using the Public Transportation Company service.

23, Driver shall mean the person driving the Motorized Vehicle on the Road already possessing the Driving License.

24. Traffic Accident shall mean an unpredictable and unintentional occurrence on the Road involving the Vehicte with or without other Road User causing the casualty and/or lost of assets.

25. Passenger shall mean the person in the Vehicle other than the Driver and Vehicle crew.

26. Pedestrian shall mean each person walking in the Road Traffic Space.

27. Road ...

15

27.

28.

29.

30.

31 .

32.

33.

34.

35.

36.

Road User shall mean the person using the Road for traffic use. Road Preservation Fund shall mean the fund specially used for maintenance, rehabilitation and reconstruction activities of the Road on sustainable basis in accordance with the standard already stipulated. Traffic Management and Engineering shall mean a series of efforts and activities comprising the planning, procurement, installation, arrangement and maintenance of Road equipment facility in the frame of realizing, supporting and maintaining the Traffic security, safety, orderliness and smoothness. Roa~ . Traffic and Transportation Security shall mean a condition where any person, goods and/or Vehicle are tree of disturbance of unlawful act, andlor fear to use traffic. Road Traffic and Transportation Safety shall mean a condition where any person Is avoided from the risk of acci~ent when using traffic due to the human being, Vehicle, Road and/or environment. Road Traffic and Transportation Orderliness shall mean a condition of using the traffic orderly in accordance with the right and obligation of any Road User. Road Traffic and Transportation Smoothness shall mean a condition of traffic using and the use of transportation which is free of obstacle and traffic jam on the Road. Road Traffic and Transportation Information and Communication System shall mean a group of subsystem interconnected through the combination, processing, storage and distribution of data related to the Road Traffic and Transportation organizing. Investigator shall mean the official of Police of State of Republic of Indonesia or Official of the certain Civil Government Employee given the special authority by the law to conduct the investigation. Co Investigator shall mean the official of Police of State of Republic of Indonesia who, due to the certain authority given, can perform the tasks of investigation as arranged in this Law.

37. Central .. . 16

37. Central Government, hereinafter referred to as Government, shall mean President of Republic of Indonesia holding the power of the state administration of the Republic of Indonesia as referred to in 1945 Constitution of Republic of Indonesia.

38. Regional Government shall mean the governor, regenVmayor and regional apparatus as the Regional Administration organizing element.

39. Minister shall mean the President's assistant leading the state ministry and being responsible for the administration affairs in the Road sector, Road Traffic and Transportation facilities and infrastructures, industry, technology development or education and training.

40. Commandeer in Chief of Police of State of Republic of Indonesia shall mean the commandeer of Police of State of the Republic of Indonesia and person in charge of the organizing of the police function comprising the community security and orderliness, law enforcement, community protection, guardIanship and service.

CHAPTER It

PRINCIPLE AND OBJECTIVE

Article 2

The Road Traffic and Transportation shall be organized by taking into account the prinCiples of: a. transparency; b. accountability; c. sustainability; d. participative; e. benefit; r. efficiency and effective; 9. e~uality; h. integrated; i. independence.

Article 3 ... 17

Article 3

The Road Traffic and Transportation shall be organized with the

objectives of: - '. d the realization of the secure, safe, orderly, smooth Roa

a. Transportation seNiee and integrated to the other transportation mode to enhance t"e national .econo~y, improve the public welfare. strengthen the natIonal U~lty and integrity as well as being able to uphold the nation

dignity.

b.

c.

the realization of the ethics of traffic and nation culture; and the realization of the law enforcement and legal certainty for the public.

CHAPTER III

SCOPE OF LAW ENFORCEMENT

Article 4

This Law shall be valid to nurture and organize the secure, safe, orderly and smooth Road Traffic and Transportation through:

a.

b.

c.

the movement act activity of the Vehicle, person andlor goods in the Road; the activity using the facility, infrastructu~e and facility supporting the Traffic and Road Transportatton; and the activity relating to the regist~tion and i~entification of the Vehicle and Driver, education on dOing the traffic, Traffic Management and Engineering, as well as the law enforcement of Traffic and Road Transportation.

CHAPTER IV ...

18

(1 )

(2)

(3)

CHAPTER IV

DEVELOPMENT

Article 5

The state shall be responsible for the Road Traffic and Transportation and the development shall be made by the Govemment.

The Road Traffic and Transportation development as referred to in paragraph (1) shall comprise:

a. planning, b. arrangement, c. control; and d. supervision.

The Road Traffic and Transportation development as referred to in paragraph (2) shall be performed by the administrator authority in accordance with the main tasks and functions comprising:

a. the administration affairs in Road sector by the state ministry being responsible for the Road sector;

b. the administration affairs in Road Traffic and Transportation facilities and infrastructure by the state ministry being responsible for the same;

c. the administration affairs in Road Traffic and Transportation industrial development by the state ministry being responsible for the same;

d. the administration affairs in Road Traffic and Transportation technology development by the state ministry being responsible for the technology development: and

8. administration ... 19

l

(1 )

(2)

e. administration affairs in Registration and Identification of the Veh1c1e and Driver, Legal Enforcement, Traffic Management operational and Engineering as well as education on doing the traffic by the Police of State of Republic of Indonesia.

Article 6

The Road Traffic and Transportation Development conducted by the administrator authority as referred to in Article 5 paragraph (3) shall comprise:

a. the determination of target and direction of National Road Traffic and Transportation system development policy;

b. the determination of norm, standard, guideline, criteria and procedure for Road Traffic and Transportation organization prevailed on national basis;

c. the stipulation on the competence of the official performing the function in national Traffic and Road Transportation;

d. providing of extension, training, certification, licensing granting and technical assistance to the provincial and municipal/city govemment; and

e. supervision on the implementation of norms, standard, guideline, criteria and procedure performed by the Regional Govemment.

In performing the development as referred to in paragraph (1). the Government may delegate all affairs to the provincial andfor municipalfcity governments.

(3) The affairs of the govemment in performing the Road Traffic and Transportation development shall cover:

a. determination ... 20

(4)

(1 )

a.

b.

c.

determination of the facility and direction of policy of the provincial and Municipal/City Road Traffic and Transportation system which network exceeds the MunicipalfCity territorial border; the providing for the extension, training, certification and permit for the public transportation companies in the province; and the supervision on the implementation of provincial Traffic and Road Transportation.

The affairs of the Municipal/City administration. in performing the Road Traffic and TransportatIon development shall comprise:

the determinatIon of target and direction of the a. policy of the Municlpal/City Road. Traffic a~d

Transportation system which network IS located In the Municipal/City territory;

b.

c.

the providing of extension, training, certi~cati~n and permit for the public transportation In municipality/town; and the supervision of the implemenlati.on of Municipal/City Traffic and Road Transportation.

CHAPTER V

ORGANIZING

Article 7

The organizing of Road Traffic and Trans~ortation in providing the service directly to the community shall be made by the Government, Regional Government, corporate body andfor community.

(2) the organizing ...

21

(2) The organizing of Road Traffic and Transportation by the Government as referred to in paragraph (1) shall be conducted according to the main tasks and functions of the respective authority comprising:

a. administration affairs in Road by the state ministry being responsible for the Road sector;

b. administration affairs in Road Traffic and Transportation facility and infrastructure by the state ministry being responsible for the Road Traffic and Transportation facility and infrastructure sector;

c. administration affairs in Road Traffic and Transportation industry development by the state ministry being responsible for industry;

d. administration affairs in Road Traffic and Transportation technology development by the state ministry being responsible for technology development; and

B. administration affairs in Registration and Identification of Vehicles and Drivers, Law Enforcement, Management Operational and Traffic Engineering as well as traffic education by the State Police of the Republic of Indonesia.

Article 8

The organizing in Road sector shall comprise the arrangement, development, construction and supervision activities of Road infrastructure as referred to in Article 7 paragraph (2) letter a namely: a. Road service grade inventory and its problems; b. plan preparation and its implementation program as well

as the determination of desired Road service grade; c. planning, construction and optimization of the Road line;

d. improvement of Road line geometric andlor Road junction;

e. determlnaUon ... 22

e. f.

g.

determination of Road class at every Road line; feasibility test of the Road function in accordance with the traffic security and safety standard; and development of information and communication in Road infrastructure.

Article 9

Organizing in the Road Traffic and Transportation facility and infrastructure as referred to in Article 7 paragraph (2) letter b shall comprise: a. determination on general plan of Traffic and Road

Transportation;

b. c.

d. e.

f.

g.

Traffic Management and Engineering; Technical requirements and Road worthiness of the Vehicle; public transportation licensing; development of information and communication in Road Traffic and Transportation facility and infrastructure; nurturing the human resources organizing the facility and infrastructure of Traffic and Road Transportation; and

investigation of violations to the public transportation licensing. technical and Road worthiness requirements .of the Vehicle requiring the expertise andlor speCial equipment performed in accordance with the provision of this Law.

Article 10

Organizing in industry as referred to In Article 7 paragraph (2) letter c shall comprise: a. the preparation of plan and program of the Implementation

of Vehicle industry development; b. the development of Vehicle accessories industry securing

the Road Traffic and Transportation Security and Safety;

c. the development ...

23

c. the development of Road equipments industry securing Road Traffic and Transportation Security and Safety;

Article 11

The organizing In technology development sector as referred to in Article 7 paragraph (2) letter d shall comprise:

a. the preparation of plan and program of the implementation of Vehicle technology development;

b. the ~evelopment of Vehicle accessories technology secunng the Road Traffic and Transportation Security and Safety;

c. the development of Road equipments technology securing the Road Traffic and Transportation Security and Safety;

Article 12

The organizing in Registration and Identification of Vehicles and Driv~rs, ~aw Enforcement, Traffic Operational Management and Englneenng as well as Traffic education as referred to in Article 7 paragraph (2) letter e shall comprise: a. the testing and issuance of Driving License; b. the implementation of the Vehicle registration and

identification; c.

d.

e. f.

g. h.

compilation, monitOring, processing and presentation of the Road Traffic and Transportation data; processing of Road Traffic and Transportation Information and Communication System control center; arrangement, surveillance, guarding and patrol of Traffic; law enforcement comprising the action taking for the violation and the Traffic Accident handling; traffic education; implementation of Traffic Management and Engineering; and

i. implementation of Traffic operational management.

Article 13 ... 24

(1 )

(2)

(3)

(4)

(5)

Article 13

Road Traffic and Transportation organizing as referred to in Article 7 paragraph (1) shall be made coordinately

Road Traffic and Transportation Organizing Coordination as referred to in paragraph (1) shall be made by the Road Traffic and Transportation forum.

Road Traffic and Transportation forum shall have the task to make coordination among the organizing authority requiring the integration in planning and solving the Road Traffic and Transportation problem.

The membership of the Road Traffic and Transportation forum as referred to in paragraph (3) shall consist of the administrator, organizer, academicians and community elements.

Further provision CONCERNING ROAD TRAFFIC AND TRANSPORTATION forum shall be arranged by the government regulation.

CHAPTER VI ...

25

(1 )

(2)

(3)

(1 )

(2)

CHAPTER VI

ROAD TRAFFIC AND TRANSPORTATION NETWORK

Part One . Road Traffic and Transportation Network Master Plan

Article 14

To realize the integrated Traffic and Road Transportation, the development of the Road Traffic and Transportation Network is made to connect all territories in the land.

The Road Traffic and Transportation Network development as referred to in paragraph (1) shall be guided by the Road Traffic and Transportation Network Master Plan according to the need.

Road Traffic and Transportation Network Master Plan as referred to as paragraph (1) shall consist of:

a. National Road Traffic and Transportation Network Master Plan;

b. Provincial Road Traffic and Transportation Network Master Plan; and

c. Municipal/City Road Traffic and Transportation Network Master Plan.

Article 15

The National Road Traffic and Transportation Network Master Plan as referred to in Article 14 paragraph (3) letter a shall be prepared periodically by considering the transportation need and activity space on national scale.

The preparation and determination process of the National Road Traffic and Transportation Network Master Plan as referred to in paragraph (1) shall take into account the National Spatial Lay Out.

(3) National .. . 26

(3)

(1 )

(2)

(3)

National Road Traffic and Transportation Network Master Plan shall contain:

a .

b.

c. d.

estimation on man and/or goods movement according to the original destination of the travel on national scope;

direction and policy of the role of the national Road Traffic and Transportation in the entire transportation mode; National Pool location and plan of need; and

National Traffic Space need plan.

Article 16

The Provincial Road Traffic and Transportation Network Master Plan as referred to in Article 14 paragraph (3) letter b shall be prepared periodically by considering the Road Traffic and Transportation need and activity space on provincial scale.

The preparation and determination process of the Provincial Road Traffic and Transportation Network Master Plan as referred to in paragraph (1) shall be made by taking into account:

a. National Spatial Lay Out;

b. Provincial Spatial Lay Out; and

c. National Road Traffic and Transportation Network Master Plan.

Provincial Road Traffic and Transportation Network Master Plan shall contain:

a.

b.

estimation on man and/or goods movement according to the original destination of the travel on provincial scope;

direction and policy of the role of the provincial Road Traffic and Transportation in the entire transportation mode;

c. Provincial . . . 27

" \ I

I

(1 )

(2)

(3)

c. Provincial Pool location and need plan; and

d. Provincial Traffic Space need plan.

Article 17

The MunicipaVCity Road Traffic and Transportation Network Master Plan as referred to in Article 14 paragraph (3) letter c shall be prepared periodically by considering the Road Traffic and Transportation need and activity space on Municipal/City scale.

The preparation and determination process of the Municipal/City Road Traffic and Transportation Network Master Plan as referred to in paragraph (1) shall ba made by taking into account:

a. National Spatial Lay Out;

b.

c. d.

e.

National Road Traffic and Transportation Network Master Plan;

Provincial Spatial Lay Out;

Provincial Road Traffic and Transportation Network Master Plan; and

MunicipaVCity Spatial Lay Out.

Municipal/City Road Traffic and Transportation Network Master Plan shall contain:

a. estimation on man and/or goods movement according to the original destination of the travel on municipalityltown;

b. direction and policy of the role of the Municipal/City Road Traffic and Transportation n the entire transportation mode;

c. Municipal/City Pool location and need plan: and d. Municipal/City Traffic Space need plan.

Article 18 ... 28

Article 18

Further provision on the preparation and stipulation of ~o~ Traffic and Transportation Network Master Plan shall be set 0

by the Govemment Regulation.

(1 )

(2)

Part Two

Traffic Space

Paragraph 1

Road Class

Article 19

The road shall be classified in several classes based on: Traffic function and Intensity for the interest of the

a. Road use arrangement and the Road Traffic and Transportation Smoothness: and bearing capacity to receive the maximum axle b. load and Vehicle dimension.

The Class grouping according to ~e Road class as referred to in paragraph (1) shall consist at.

Road class I namely the artery and collector ~ad a. that can be passed by the Vehicle with the WIdth

size not exceeding 2,500 (two thousand ~ve hundred) millimeters, the length not exceedmg 18 000 (eighteen thousand) mllhmeters, the highest size 4,200 (four thousand two hundred) millimeters and the maximum axle load 10 (ten)

tons;

b. Road ...

29

(3)

(4)

(5)

b.

c.

d.

Road class II namely the artery, collector, local and environment roads that can be passed by the Vehicle with the width not exceeding 2,500 (two thousand frve hundred) millimeters, the tength not exceeding 12,000 (twelve thousand) millimeters, the highest size 4,200 (four thousand two hundred) millimeters and the maximum axle load 8 (eight) tons;

Road class III namely the artery, collector, local and environment roads that can be passed by the Vehicle with the width not exceeding 2,100 (two thousand one hundred) millimeters, the length exceeding 9,000 (nine thousand) millimeters, the highest size 3,500 (three thousand five hundred) millimeters and the maximum axle load 8 (eight) tons;

special class road namely the artery road that can be passed by the Vehicle with width size exceeding 2,500 (two thousand five hundred) millimeters, length exceeding 18,000 (eighteen thousand) millimeters, highest size 4,200 (four thousand two hundred) millimeters and maximum axle load 10 (ten) tons.

In a certain condition, the bearing capacity of the road class III as referred to in paragraph (2) letter c can be stipulated that the maximum axle load is less than 8 (eight) tons;

The road class based on the road infrastructure procurement specification shall be set forth in accordance with the prevailing legislation in Road sector.

Further provision on special class road as referred to in paragraph (2) letter d shall be set forth by the government regulation.

Artlcl. 20 ... 30

(1 )

(2)

(3)

(1 )

(2)

(3)

Artlcl.20

The determination of the road class in every road line shall be made by: a. Government, for national road;

b. provincial government, for provinCial road;

c. municipal government, for municipality road; or

d. city government, for city road.

The road class as referred to in paragraph (1) shall be declared by the Traffic Signs.

Further provision on the road class grouping as referred to in Article 19 and the procedure for the determination of the road class as referred to in paragraphs (1) and (2) shall be governed by the government regulation.

Paragraph 2

Road Use and Equipment

Article 21

Each Road shall have the highest speed limit as stipulated on national basis.

The highest speed limit as referred to in paragraph (1) shall be determined based on the settlement area, urban area, inter-city road, and toll road.

Upon the safety consideration or other special consideration, the Regional Government can stipulate the local highest s!",eed limit that must be declared by the Traffic Signs.

(4) The Lowest ...

31

(4) The lowest speed limit in the toll road shall be stipulated with the absolute limit 60 (sixty) kilometers per hour in the free stream condition.

(5) Further provision on speed limit as referred to in paragraphs (1) and (2) shall be govemed by the government regulation.

Article 22

(1 ) The road being operated shall fulfill the requirement on the Road function worthiness technically and administratively.

(2) The Road organizer shall be subject to Road function worthiness testing prior to the Road operation.

(3) The Road organizer shall be obliged to conduct the Road function worthiness in the Road already operated periodically within the period of not more than 10 (ten) years and/or in accordance with the need.

(4) The Road function worthiness testing as referred to in paragraphs (2) and (3) shall be conducted by the Road function worthiness testing team established by the Road organizer.

(5) The Road function worthiness testing team as referred to in paragraph (4) shall consist of the Road organizer element, the authority being responsible for the Road Traffic and Transportation facility and infrastructure sector as well as the State Police of the Republic of Indonesia,

(6) The result of the Road function worthiness testing shall be publicized and followed up by the Road organizer, the authority being responsible for the Road Traffic and Transportation facility and infrastructure sector and/or the State Police of the Republic of Indonesia.

(7) The Road ... 32

(7) The Road function worthiness testing shall be conducted in accordance with the provision of the legislation.

Article 23

(1) The Road organizer shall be obliged in performing the Road preservation and/or Road capacity improvement to maintain the Security, Safety, Orderliness and Smoothness of the Traffic and Road Transportation.

(2) In performing the activities as referred to in paragraph (1) the Road organizer shall coordinate with the authority being responsible for the Road Traffic and Transportation facility and infrastructure and State Police of the Republic of Indonesia,

Article 24

(1) The Road organizer shall be obliged to promptly and property repair the damaged Road that may cause the Traffic Accident.

(2) In the event the damaged Road as referred to in paragraph (1) cannot be repaired yet the Road Organizer shall be obliged to provide the signs or marks on the damaged Road for Traffic Accident prevention.

Article 25

(1) Each Road used for the public Traffic shall be obliged to . be equipped with the Road equipments in tenns of:

a. Traffic Signs;

b. Road marks;

c. Traffic Signaling Toot;

d. Road , ..

33

(2)

(1 )

(2)

(1 )

d. Road illumination;

e. Road User control and securing devices;

f. Road surveillance and securing devices;

g. facility for bicycle, Pedestrians and · disabled persons; and

h. the support facility of the Road Traffic and Transportation activity being in the Road and outside the Road body.

Further provision on Road equipments as referred to in paragraph (1) shall be set forth by the government regulation.

Article 26

The procurement of the Road equipments as referred to In Article 25 paragraph (1) shall be made by:

a. Government for the national road;

b. provincial government for provincial road;

c. Municipal/City government for the municipalityf city and village roads; or

d. highway (toll road) corporation for the highway (toll road).

The procurement of Road equipmt:lnts as referred to in paragraph (1) shall be made in accordance with the legislation.

Article 27

The Road equipments in the certain environment road shall be adjusted to the capacity, intensity and volume of Traffic.

(2) The Provision ... 34

(2)

(1 )

(2)

(1 )

(2)

(3)

(4)

The provision on the installation of Road equipments in the certain environment road shall be set forth by the regional regulation.

Article 28

Everybody shall be restricted to conduct the deed causing the damage andfor disturbance to the Road function.

Everybody shall be restricted to conduct the deed possibly causing the disturbance to the Road equipments function as referred to in Article 25 paragraph (1).

Part Three

Road Preservation Fund

Article 29

To support the service of the service of the secure, safe, orderly and smooth Road Traffic and Transportation the Road condition shall be maintained.

To maintain the Road condition as referred to in paragraph (1). the Road Preservation Fund shall be required.

Road Preservation Fund shall be used specially for the activities of the Road maintenance, rehabilitation and reconstruction.

Road Preservation Fund can be derived from the Road User and the management shall be in accordance with the legislation.

Article 30 ... 3S

I

Article 30

The Road Preservation Fund Management shall be performed based on the 5ustainability, accountability. transparency. equality and suitability principles.

Article 31

The Road Preservation Fund shall be managed by the Road Preservation Fund manager unit being responsible to the Minister in Road sector.

Article 32

The provision on the organization and work procedure for the Road Preservation Fund manager unit shall be set forth by the regulation of President.

(1 )

(2)

Part Four

Terminal

Paragraph 1

Function, Classification and Type of Terminal

Article 33

To support the smooth movement of person andlor goods as well as intra-mode and inter-mode integration in the certain place, the Terminal can be constructed and organized.

Terminal as referred to in paragraph (1) shan be in terms of passenger Terminal andlor goods Terminal.

Article 34 ... 36

(1 )

Article 34

The passenger Terminal as referred to in Article 33 paragraph (2) shall be classified by the service in types A, Band C.

Each type as referred to in paragraph (1) shall be distributed in several classes based on the served Vehicle intensity.

Article 35

For own interest, the state-owned enterprise, regional-ow~ed enterprise and private sector may construct the goods TermlOal pursuant to the laws and regulations.

Article 36

Each Public Vehicle in the route shall be obliged to stop o;,er ~n the Terminal already determined unless stipulated otherwise In

the route permit.

(1)

(2)

Paragraph 2

Terminal Location Stipulation

Article 37

The determination of the Terminal location shall be made by taking into account the Terminal need plan being the part of the Road Traffic and Transportation Network

. Master Plan.

The determination of the Terminal location shall be made by laking into account:

a. Transportation ... 37

(1 )

(2)

(3)

a. transportation Road User accessibility grade;

b.

c.

d.

e. f.

g. h.

i.

the land suitability to the National Spatial layout planning, Provincial Spatial layout planning I and Municipal/City Spatial layout planning;

suitability to the development plan and/or performance of the Road network, route network and cross network;

suitability to the development plan andlor activity center;

harmony and equality to other activity;

transport demand;

technical, financial and economical feasibility;

Road Traffic and Transportation Security and Safety; andlor

Environment preservation.

Paragraph 3

Terminal Facility

Article 38

Each Terminal organizer shall be obliged to provide the Terminal facility fulfilling the safety and security requirements.

Terminal facility as referred to in paragraph (1) shall comprise the main and supporting facilities.

To maintain the condition of the Terminal facility as referred to in paragraph (2), the Terminal organizer shall be obliged to conduct the maintenance.

Paragraph 4 ... 38

(1 )

(2)

(3)

(1 )

(2)

Paragraph 4

Terminal Work Environment

Article 39

Terminal work environment shall be the region designated for Terminal facility.

The Terminal work environment as referred to in paragraph (1) shall be managed by the organizer of Terminal and used for the implementation of the construction, development and operation of Terminal facility.

Terminal work environment as referred to in paragraph (1) shall be stipulated by the regional regulation of municipality/town, especially for the Province of Special Region of Jakarta Capital, it shall be stipulated by the Provincial Regional Regulation.

Paragraph 5

Terminal Construction and Operation

Article 40

Terminal construction shall be submitted with:

a. b. c. d.

design; design work book; Terminal master plan; Traffic impact analysis; and

e. Analysis on environment impact.

Terminal operation shall comprise the activities of:

a. planning;

b. implementation ...

39

,

r

(1 )

(2)

b. implementation; and c. supervision on the Terminal operational.

Article 41

Each Terminal organizer shall provide the Terminal service in accordance with the stipulated service standard.

Terminal service as referred to in paragraph (1) shall be subject to the charge implemented pursuant to the laws and regulations.

Paragraph 6

Further Arrangement

Article 42

Further provision on the function, classification, type, location determination, facility, work environment, construction and operation of Terminal shall be governed by the government regulation.

(1 )

(2)

Part Five

Parking Facility

Article 43

The procurement of Parking facility for the public can only be organized outside the Right to Way according to the permit given.

The Parking facility organizing outside the Right to Way as referred to In paragraph (1) can be conducted by the Indonesian citizen individual or Indonesian corporate body in terms of:

a. parking ... 40

(3)

(4)

a. b.

parking special business; or

principle business support.

Parking facility within the Right . To Way can only be organized in the certain place In the mUniCIpal road, village road or city road shall be declared by the Traffic Signs and/or Road Marks.

Further provision on Parking Facility Service User, licensing, requirements and procedure for facility and Parking organizing for the public shall be governed by the government regulation.

Article 44

The determination of location and construction of the Pa rking facility for the public shall be made by the Regional Government by taking into account:

(1 )

a. spatial layout public plan;

b. traffic impact analysis; and

c. the easiness for the Road Users.

Part Six

Supporting Facility

Article 45

The supporting facility of the Road Traffic and Transportation organizing shall cover:

. a. b. c.

d.

sidewalk: bicycle line; Pedestrian zebra cross;

shelter; andlor

41 e. special ...

(2)

(1 )

(2)

e. special facility for disabled persons and old-age persons.

The procurement of supporting facility as referred. to in paragraph (1) shall be organized by: a. b.

c.

d.

e.

Government for national road;

provincial government for provincial road;

municipal government for municipal and village roads;

city government for city road; and

highway (toll road) corporation for highway (toll road).

Article 46

The government in performing the construction, management and maintenance of the Road Traffic and Transportation supporting facility as referred to in Article 45 paragraph (2) can cooperate with the private sector.

Further provision on the construction, management, maintenance as well as technical specification of the supporting facility of Road Traffic and Transportation shall be governed by the government regulation.

CHAPTER VII .. . 42

(1 )

(2)

(3)

CHAPTER VII

VEHICLE

Part One

Type and Function of Vehicle

Article 47

The vehicle shall consist of:

a. motorized Vehicle; and

b. Non motorized Vehicle.

motorized Vehicle as referred to in paragraph (1) letter a shall be classified based on the type of:

a. motorcycle;

b. passenger car;

c. bus;

d. cargo car; and

e. special vehicle.

motorized Vehicle as referred to in paragraph (2) letters b, c and d shall be classified based on the function of:

a. Private motorized Vehicle; and

b. Public motorized Vehicle.

(4) Non motorized Vehicle as referred to in paragraph (1) letter b shall be classified in:

a. Vehicles activated by the man; and b. Vehicles activated by animal.

Part Two . .. 43

(1 )

(2)

(3)

Part Two

Technical and Road Worthiness Requirements

for motorized Vehicle

Article 48

Each motorized Vehicle operated in the Road shall fulfill the technical and Road worthiness requirements.

Technical requirements as referred to in paragraph (1) shall consist of:

a. b. c. d. e.

f.

g. h. i.

composition; equipment;

size;

car body; vehicle technical design according to the designation;

loading; using; coupling of the motorized Vehicle; andlor motorized Vehicle sticking.

The Road worthiness requirements as referred to in paragraph (1) shall be determined by the minimum performance of the Motorized Vehicle being measured consisting at least:

a. b. c. d. e. f. g.

exhausted gas emission; noise; main brake system efficiency;

parking brake system efficiency;

narrow front wheel; horn voice;

emanating power and main lamp light direction;

h. rotary ... 44

(4)

(1 )

(2)

h. rotary radius;

i.

j.

k.

speedometer accuracy;

suitability of wheel performance and tire condition; and

suitability of the activating engine power to the Vehicle weight.

Further provision on the technical and Road worthiness requirements as referred to in paragraphs (2) and (3) shall be governed by the govemment regulation.

Part Three

Motorized Vehicle Testing

Article 49

The motorized Vehicle, trailer and semi trailer imported, produced and/or assembled in the home country to be operaled on Ihe Road shall be subject to lesting.

The test as referred to in paragraph (1) shal1 comprise:

a . b.

type approval test; and periodical test.

Article 50

(1) The type tesl as referred to in Article 49 paragraph (2) letter a shall be conducted for each motorized Vehicle, trailer and semi trailer imported, produced and/or assembled in the home country, as well as the modification of such motorized Vehicle causing such type

. change.

(2) The type test as referred 10 in paragraph (1) shall consisl of:

a. Physical ...

45

(3)

(4)

(1 )

(2)

(3)

(4)

a.

b.

physical test for the fulfillment of the technical and Road worthiness requirements conducted to the motorized Vehicle foundation and motorized Vehicle in complete condition; and Research of design and engineering of the Motorized Vehicle done to the houses, loading reservoir, trailer, semi trailer and the motorized Vehicle which type is modified.

The type test as referred to in paragraph (1) shall be perfonned by the Govemment type test executing unit.

Further provision on the type test and executing unit as referred to in paragraphs (1) and (3) shall be govemed by the government regulation.

Article 51

The motorized Vehicle Foundation and motorized Vehicle in complete condition already passing the test shall be provided with the certificate on type test passing.

Cabin's cover, loading reservoir, trailer, semi trailer and type modification of the motorized Vehicle already passing the type test, the letter of decision on the design and engineering ratification shall be issued.

The person in charge for production, assembly, import of the motorized Vehicle Foundation and motorized Vehicle in complete condition, houses, loading reservoir, trailer, semi trailer as well as the modified motorized Vehicle shall register the production type.

As the evidence that the production type registration was already made as referred to in paragraph (3). the type test registration certificate evidence document shall be provided.

(5) As the guarantee ... 46

(5)

(6)

(1 )

(2)

(3)

(4 )

(1 )

(2)

As the guarantee for the suitability of the technical speCification on the production serial to the type test certificate, the sample test shall be conducted by the Government type test executing unit.

Further provision on the modification and type test shall be governed by the government regulation.

Article 52

The modification of Motorized Vehicle as referred to in Article 50 paragraph (1) can be in terms of the modification of dimension, engine and transporting power ability.

The modification of Motorized Vehicle as referred to in paragraph (1) shall not endanger the traffic safety. disturb the traffic flow as well as damage the hardening layerlbearing capacity of the road passed by.

Each Motorized Vehicle being modified thereby changing the construction and material requirements shall be subject to the type re-test.

For Motorized Vehicle already undergoing the type re-test as referred to In paragraph (3) shall be subject to the re­registration and re·identification.

Article 53

The periodical test as referred to in Article 49 paragraph (2) letter b shall be obliged for the public passenger cars. bus, cargo car, trailer and semi trailer operated on the Road.

Periodical test as referred to in paragraph (1) shall cover the activities of:

a. physical ...

47

(3)

(1 )

(2)

(3)

a. physical inspection and test of the motorized Vehicle; and

b. test result ratification.

The activities of physical inspection and testing of the Motorized Vehicle as referred to in paragraph (2) letter a shall be conducted by:

a. Municipal/City testing unit;

b. executing unit of the sale agent of brand holder obtaining the permit from the Govemment; or

c. private test executing unit obtaining the pennit from the Govemment.

Article 54

The physical inspection and testing of the public passenger car, bus, cargo car, sperial vehicle, trailer and semi trailer as referred to in Article 53 paragraph (2) letter a shall cover the testing on the technical and Road worthiness requirements.

The testing on the technical requirements as referred to in paragraph (1) shall cover:

a. composition; b. accessories;

c. size;

d. car body; and

e. technical design of motorized VehIcle in accordance with the designation.

Testing on the Road worthiness requirements as referred to In paragraph (1) shall at least Cover:

a. exhausted gas emission of the motorized Vehicle; b. noise level;

c. main brake capacity;

d. parking ... 48

(4)

(5)

(6)

(7)

(1 )

d.

e. f.

g. h.

parking brake capacity;

narrow front wheel;

emanating power and main lamp direction;

speedometer accuracy; and

tire flow depth.

The testing on the Road worthiness requirements of t~e trailer and semi trailer shall comprise the brake capacity test, tire flow depth and lamp system test.

The evidence of the passing of the periodical test of the physical inspection and testing as referred to in paragraph (1) shall be in terms of providing the test card and test sign.

The periodical test card as referred to in P?ragraph . (5) shall contain the particulars on the motonzed Veh~cle identification and owner identification,. ~echnlcal specification, testing result and testing result validity.

The periodical testing sign as referred to in ~aragraph . (5) shall contain the particular on motonzed Vehicle identification and testing result validity.

Article 55

The testing result ratification as referred to in Article 53 paragraph (2) letter b shall be provided by:

the officer having the competence stipulated by the a. Minister being responsible for the Road Traffic

and Transportation Facilities and Infrastructu~es upon the suggestion of the govem~r for t~e testing conducted by the testing executing Unit of the Municipal/City govemment; and

b. the private ...

49

(2)

b. the private person having the competence stipulated by the Minister being responsible for the Road Traffic and Transportation Facilities and Infrastructures for the testing conducted b~ the test executing unit of the sale agent of brand holder and the private test executing unit.

The competence of the officer as referred to in paragraph (1) shall be proven by the certificate on passing the education and training.

Article 56

Further provision on the periodical test as referred to in Articles 53, 54 and 55 shall be governed by the government regulation.

(1)

(2)

(3)

Part Four

Motorized Vehicle Accessories

Article 57

Each motorized Vehicle operated on the Road shall be equipped with the motorized Vehicle accessories.

The accessories as referred to in paragraph (1) for Motorcycle shall be in terms of Indonesian national standard helmet.

The accessories as referred to in paragraph (1) for motorized Vehicle of four wheels or more shall at least consist of:

a. safety belt;

b. spare tire;

c. securing triangle; d. lifting jack;

e. wneelopener .. . 50

(4 )

e. f.

g.

wheel opener;

helmet and light reflecting vest for the Drivers of the motorized Vehicle of four wheels or more not having the case; and

first aid kit for Traffic Accident.

Further provision on Motorized Vehicle accessories as referred to in paragraphs (1). (2) ad (3) shall be govemed by the government regulation.

Article 58

Each Motorized Vehicle operated on the Road shall not install the accessories possibly disturbing the traffic safety.

(1 )

(2)

(3)

(4)

Article 59

For the certain purpose, the Motorized Vehicle can be equipped with the signal lamp and/or siren.

The signal lamp as referred to in paragraph (1) shall oonsist of:

a. red; b. blue; and c. yellow.

The red and blue signal lamp as referred to In paragraph (2) letters a and b as well as siren as referred to in paragraph (1) shall have the function as the mark that the motorized Vehicle has the main right.

The yellow signal lamp as referred to in paragraph (2) letter e shall have the function as the warning sign for other Road Users.

(5) the use ... 51

,

(5)

(6)

(7)

(1 )

,

The use of the signal lamp and siren as referred to in paragraphs (1) and (2) shall be as follows:

a. blue signal lamp and siren shall be used for the motorized Vehicle of the State Police of the Republic of Indonesia.

b. red signal lamp and siren shall be used for the motorized Vehicle of detainee, Indonesian Anny guarding, fire extinguisher car, ambulance, red cross, rescue and corpse car; and

C. yellow signal lamp without siren shall be used for highway (toll road) patrol motorized Vehicle, supervision of the Road Traffic and Transportation facilities and infrastructure, public facility maintenance and cleaning, to tow the VehIcle and special goods transportation.

Further provision on the requirements, procedure and arrangement of the signal lamp and siren installation as referred to in paragraph (1) shall be govemed by the govemment regulation.

Further provision on the procedure for the use of signal lamp and siren as referred to in ~aragraph (1) shall be govemed by the regulation of the Commander in Chief of the State Police of the Republic of Indonesia.

Part Five

Motorized Vehicle Public Service Station

Article 60

The ~otorized Vehicle Public Service Station having the function to repair and maintain the Motorized Vehicle shall fulfill the technical and Road worth' requirements. Iness

52 (2) the public ...

(2)

(3)

(4)

(5)

(6)

(1)

(2)

The public service station having the certain accreditation and quality can conduct the Motorized Vehicle periodical test.

The organizing of the public service station as referred to in paragraph (1) shall fulfill the requirements stipulated by the Minister being responsible for industry sector.

The public service station organizer as referred to in paragraph (2) shall obtain the permit from the Municipal/City government based on the recommendation from the State Police of Republic of Indonesia.

The supervision on the motorized Vehicle public service station as referred to in paragraph (1) shall be conducted by the Municipal/City government.

Further provision on the requirements and procedure for public service station organizing shall be govemed by the government regulation.

Part Six

Non·motorlzed Vehicle

Artlcte 61

Each Non·motorized Vehicle operated on the Road shall fulfill the safety requirements comprising: a. b.

technical requirements; and goods loading procedure requirements.

Technical requ:rements as . letter a shall at least cover:

a. construction: b. driving system;

c. wheel system;

53

referred to in paragraph (1)

d. braklng ...

(3)

(4)

(1)

(2)

(1 )

(2)

(3)

d.

e. f.

braking system;

lamp and light reflector; and

warning alarm.

The requirements for procedure of goods loading as referred to in paragraph (1) letter b shalt at least cover the dimension and weight.

Further provision on safety requirements as referred to in paragraph (1) shall be governed by the government regulation.

Article 62

The government shall give the easiness in traffic for the bikers.

The bikers shall be entitled to the facility supporting the security, safety, orderliness and smoothness in traffic.

Article 63

The regional government can determine the type and use of Non Motorized Vehicle in its region in accordance with the region characteristic and need.

Further provision on the type and use of the Non Motorized Vehicle as referred to in paragraph (1) shall be governed by the Municipal/City regulation.

Further provision on the type and use of Non Motorized Vehicle as referred to in paragraph (1) which is cross municipality! city in nature shall be govemed by the provincial regulation.

Part seven ... 54

(1 )

(2)

(3)

(4)

(5)

Part Seven

Registration and Identification of Motorized Vehicle

Article 64

Each Motorized Vehicle shall be registered.

The registration as referred to in paragraph (1) shall cover: a. registration of the new motorized Vehicle;

b. registration of change of identities of motorized Vehicle and owner;

c. registration of motorized Vehicle extension; and/or

d. registration of motorized Vehicle ratification.

The registration of Motorized Vehicle as referred to in paragraph (1) shall be aimed at: a. administrative orderliness;

b. control and supervision of motorized Vehicle operated in Indonesia;

c. easy investigation of violation and/or violence;

d. planning and operational of Road Traffic and Transportation Management and Engineering; and

e. national development planning.

The registration of motorized Vehicle shall be conducted by the State Police of the Republic of Indonesia through the motorized Vehicle registration management system.

The data on motorized Vehicle registration and identification shall be the part of the Road Traffic and Transportation Information and Communication System and used for the police forensic.

(6) further ...

(6)

(1 )

(2)

Further provision on the registration as referred to in paragraph (2) shall be governed by the regulation of the Comma~der in Chief of the State Police of the Republic of Indonesia.

Article 65

The registration of the new motorized Vehicle as referred to in Article 64 paragraph (2) letter a shall cover the actIVIties of:

a. registration and identification of motorized Vehicle and its owner;

b. issuance of Certificate of motorized Vehicle Owner (BPKB) ; and

c. issuance of Motorized Vehicle Registration Number Document (STNK) and Motorized Vehicle Number Certificate.

As. the evidence that Motorized Vehicle has been reglster,~d, the owner shall be provided with the Bukti Kep~m'"k8n Kendaraan Barmator (Certificate Of Motor Vehicle . Ownership», Motorized Vehicle Numbering Reg~stratlon Document and Motorized Vehicle Number Certificate.

Article 66

:he registration and Identification of Motorized Vehicle for the first time shall fulfill the requirements:

a. possessing the type test registration certificate'

b. posseSSing the evidence of the valid motori~ed Vehicle ownership;

c. posseSSing the motorized Vehicle physical checking result.

56 Article 67 ...

(1 )

(2)

(3)

(4)

(1 )

(2)

(3)

Article 67

The registration and identification of motorized Vehicle, tax payment of Motorized Vehicle and the payment of the Road Traffic and Transportation Accident Fund Obligatory Contribution shall be conducted integrated and coordinated in the One Stop Integrated Administration System.

The facilities and infrastructure of the organizing of One Stop Integrated Administration System as referred to in paragraph (1) shall be provided by the Regional Government.

The mechanism of One Stop Integrated Administration System shall be coordinated by the State Police of the Republic of Indonesia.

Further provision on the requirements and procedure as well as the implementation of the One Stop Integrated Administration System as referred to in paragraph (1) shall be governed by the regulation of President.

Article 68

Each motorized Vehicle operated on the Road shall be equipped with the Motorized Vehicle Registration Number Document and Motorized Vehicle Number Certificate.

Surat Tanda Nomor Kendaraan Bennotor (Motorized Vehicle Registration Number Document) as referred to in paragraph (1) shall contain the data on the motorized Vehicle, owner identity, Motorized Vehicle registration

. number and validity.

The Motorized Vehicle Number Certificate as referred to In paragraph (1) shall contain the territory code, registration number and validity.

(4) Motorized ...

57

(4)

(5)

(6)

(1 )

(2)

(3)

Motorized Vehicle Number Certificate shall fulfill the requirements on (ann, size, material, color and method of installation.

Besides the Motorized Vehicle Number Certificate as referred to in paragraph (3), the special andlor confidential Motorized Vehicle Number Certificate.

Further provision on Sural Tanda Nomer Kendaraan Bermoter (Motorized Vehicle Registration Number Document) and Motorized Vehicle Number Certificate shall be arranged by the regulation of the Chief Commander of Police of the State of the Republic of Indonesia.

Article 69

Each motorized Vehicle not registered yet can be operated on the Road for the certain interest by being accompanied with motorized Vehicle Trial Number Certificate and Vehicle Number Trial Certificate.

Vehicle Trial Certificate and Vehicle Number Trial Certificate as referred to in paragraph (1) shall be provided by the Police of the State of the Republic of Indonesia for the corporation selling, producing, assembling or importing the motorized Vehicle.

Further provision on the requirements and procedure for the providing and use of Vehicle Trial Certificate and Vehicle Number Trial Certificate shall be govemed by the regulation of the Chief Commander of Police of the State of the Republic of Indonesia.

Article 70 ... 58

(1)

(2)

(3)

(1 )

(2)

Article 70

Bukti Kepemifikan Kendaraan Sermotor (Certificate of Motor Vehicle Ownership) shall be valid so long the ownership is not transferred.

Surat Tanda Nomor Kendaraan Bermotor (Motorized Vehicle Registration Number Document) and Motorized Vehicle Number Certificate shall be valid for 5 (five) years which ratification shall be requested each year.

Prior to the expiration of validity as referred to in paragraph (2) the application for extension of Sural Tanda Nomor KendafBan Bermatar (Motorized Vehicle Registration Number Document) and Motorized Vehicle Number Certificate shall be proposed.

Article 71

Owner of motorized Vehicle shall report to the Police of the State of the Republic of Indonesia if:

a. the registration evidence is lost or damaged;

b. technical specification andlor function of the motorized Vehicle are changed;

c. motorized Vehicle ownership is transferred; or

d. The Motorized Vehicle is used uninterruptedly for more than 3 (three) months outside the territory of the Vehicle registration.

Motorized Vehicle reporting as referred to in paragraph (1) letters a, band c shall be submitted to the Police of the State of the Republic of Indonesia in the place where the Motorized Vehicle is lastly registered.

(3) Motorized ... 59

(3)

(1 )

(2)

(3)

(1 )

(2)

Motorized Vehicle reporting as referred to in paragraph (1) letter d shall be submitted to the Police of Ihe Siale of the Republic of Indonesia in the place where the Motorized Vehicle is operated.

Artic le 72

The registration of motorized Vehicle of the Indonesian National Army shall be governed by the regulation of the Commander in Chief of Indonesian National Army and reported for the dala entry 10 Police of Siale of Republic of Indonesia.

The registration of motorized Vehicle of the Police of State of Republic of Indonesia shall be governed by the regulation of the Commander in Chief of Police of State of Republic of Indonesia.

The registration of Motorized Vehicle of foreign state representative and international institution shall be governed by the regulation of the Commander in Chief of Police of State of Republic of Indonesia.

Article 73

The public Motorized Vehicle already registered can be written off from the Public Motorized Vehicle registration and identification list based on:

a. the request of Public motorized Vehicle owner; or b. the suggestion of the official being authorized to

grant the public transportation permit. Each Public Motorized VehiCle not u:;ed any longer as the public transportation shall be deleted from the Public Motorized VehIcle registration and identification list.

Article 74 ... 60

(1)

(2)

Article 74

The Motorized Vehicle already registered as referred to in Article 64 paragraph (1) can be deleted from the Public Motorized Vehicle registration and identification list based on: a.

b.

the request of the Public motorized Vehicle owner; or the consideration of the official being authorized to conduct the registration of the motorized Vehicle.

The deletion of the Motorized Vehicle registration and identification as referred to in paragraph (1) letter b shall be conducted if: a. the motorized Vehicle Is heavily damaged thereby

cannot be operated; or b. motorized Vehicle owner fails to make the re­

registration at least for 2 (two) months after the expiration of Sural Tanda Nomor Kendaraan Bermotor (Motorized Vehicle Registration Number Document) v~lidity .

(3) The Matartzed Vehicle already deleled as referred to in paragraph (1) cannot be re-regislered.

Article 75

Further prOVISion on Buldi Pemifikan Kendaran Bennotor (Certificate of Motorized Vehicles Ownership ), deletion of motorized Vehicle registration and identification as referred to in Articles 70, 73 and 74 shall be governed by the regulation of the Commandeer in Chief of the Police of State of Republic of Indonesia.

Part eight ...

61

(1 )

(2)

(3)

(4 )

Part Eight

Administrative Sanction

Article 76

Anyone violating the provision of Article 53 paragraph (1) Article 54 paragraph (2) or paragraph (3) or Article 60 paragraph (3) shall be subject to administrative sanction in terms of:

a. b. c. d.

written warning;

penalty payment;

permit freezing; andlor

permit revocation.

Anyone operating the public service station violating the provision of Article 60 paragraph (3) shall be subject to administrative sanction in terms of: a. b.

written warning;

penalty payment; or

c. public service station closing.

Each private ratifying officer violating the provIsion of Article 54 paragraphs (2) or (3) shall be subject to administrative sanction in terms of:

a. written warning;

b. penalty payment;

c. freezing of ratifying certificate; andlor

d. revocation of ratifying certificate.

~ach. testing officer or periodical test ratifying officer violating the provision of Article 54 paragraphs (2) or (3) shall be sUbject to the administrative sanction in accordance with the legislation.

(5) Further ... 62

(5)

(1 )

(2)

(3)

(4)

Further provIsion on the criteria and procedure for the administrative sanction imposition as referred to in paragraphs (1), (2) and (3) shall be governed by the government regulation.

CHAPTER III

DRIVER

Part One

Driving License

Paragraph 1

Driver Requirements

Article 77

Each person driving the Motorized Vehicle on the Road shall possess the Driving License in accordance with the type of the motorized Vehicle being driven.

The driving license as referred to in paragraph (1) shall consist of 2 (two) types:

a. Driving License for private motorized Vehicle, and

b. Driving License for Public motorized Vehicle.

To obtain the Driving License, the prospective Driver shall possess the driving competence that can be obtained from the education and training or on autodidact basis.

To obtain the Driving License of the Public Motorized Vehicle, the prospective Driver shall undergo the education and training of the public transportation Driver.

(5) the education ... 63

(5)

(1 )

(2)

(3)

(4 )

(1 )

The education and training as referred to in paragraph (4) shall ~n.'y b~ attended by the person already possessin the Dnvlng license for the individual motorized VehiCle.

g

Paragraph 2

Driver Education and Training

Article 78

The ~ducation and training on the driving shall b orgam~ed. by the institution obtaining the permit an~ accreditation from the Government.

The permit to organize the driving education and training provided by the Government as referred to In ara ra h (1) shall be organized by the Regional Govemm~nt. g p

Th~ . permit . for organizing the driving education and tra!mng provided by the Regional Government as referred to In paragraph (2) shall be provided based on the norms st~ndard, pro~edure and criteria stipulated by the Ministe 1

being responsIble for the facilities and infrastructure of th r ~oad .Traffic and Transportation as well as Commandee~ In Chief of Ihe Police of the State of Ihe Republic of IndoneSIa.

The accreditation as referred to in paragraph (1) shall b made by !he ~overnment in accordance with the ProViSio~ of the legIslation.

Article 79

Whe~ le~rning the driving or taking the driving practice ~xamJnahon on the Road, each prospective Driver shall e escorted by the instructor or examiner.

64 (2) The Instructor ...

(2) The instructor or examiner as referred to in paragraph (1) shall be responsible for the violation andlor Traffic Accident occurred when the prospective Driver takes the lesson or examination.

Paragraph 3

Form and Classification of Driving License

Article 80

The Driving License for the private motorized Vehicle as referred to in Article 77 paragraph (2) letter a shall be classified into:

8. Driving License A applies to drive the passenger and

b.

c.

d.

e.

private goods car with allowable weight not exceeding 3,500 (three thousand five hundred) kilograms.

Driving Licensd B I applies to drive the passenger and private individual goods car with allowable weight more than 3,500 (three thousand five hundred) kilograms.

Driving License B II applies to drive the heavy equipment Vehicle, pulling Vehicle or motorized Vehicle pulling the private semi trailer or trailer with allowable weight for semi trailer or trailer of more than 1,000 {one thousand} kilograms.

DrivIng License C applies to drive the Motorcycle; and

Driving License 0 applies to drive the special vehicle for disable persons.

Article 81

(1) To obtain the Driving License as referred to in Article 77, each person shall fulfill the age, administrative, health

. requirements and passing the examination.

(2) The age requirements as referred to in paragraph (1) shall be determined at the lowest as follows:

a. age ... 65

(3)

(4 )

(5)

(6)

a.

b.

c.

age of 17 (seventeen) years old for Driving Licenses A, C and 0;

age of 20 (twenty) years old for Driving License B I; age of 21 (twenty one) years old for briving License B II.

Administrative requirements as referred to in paragraph (1) shall cover:

a. personal identity in terms of Residential Identity Card;

b. filling in the application form; and c. fingerprint formula.

The health requiremenls as referred to in paragraph (11) shall cover: a. physically healthy by virtue of the certificate from

the physician; and

b. mentally heallhy by virtue of Ihe certificate on being passing the psychology test.

The requirements to pass the examination as referred to in paragraph (11) shall cover.

a. theory examination; b. practice examination; and/or c. skill examination through the simulator.

Besides the requirements as referred to in paragraphs (2). (3), (4) and (5) each Motorized Vehicle Driver intending 10 propose Ihe application for: a. Driving License B 1 shall have the Driving License

A for at least 12 (twelve) months; and

b. Driving license 8 II shall have the Driving License B I for at least 12 (twelve) monlhs.

Article 82 .. 66

Article 82

Driving License for the Public motorized Vehicle as referred to in Article 77 paragraph (2) letter b shall be classified into:

a.

b.

c.

(1 )

(2)

(3)

The Public Driving license A applied to drive the public and goods motorized Vehicle with allowable weight not exceeding 3,500 (three thousand five hundred) kilograms;

The Public Driving license B I applied to drive the public passenger and goods motorized Vehicle with allowable weight more than 3,500 (three thousand five hundred) kilograms; and The Public Driving license B II applied to drive the pulling Vehicle or motorized Vehicle pulling the semi trailer or trailer with allowable weight for semi trailer or trailer more than 1,000 (one Ihousand) kilograms.

Article 83

Each person proposing the application to obtain the Driving License for Public Motorized Vehicle shall fulfill the age and special requirements.

The age requirements to obtain the Public motorized Vehicle Driving license as referred to in paragraph (1) shall be determined at the lowest as follows: a. age 20 (twenty) years for Public Driving License A; b. age 22 (twenty two) years for Public Driving

license B I; c. age 25 (twenty five) years for Public Driving

License B 11;

Special requirements as referred to in paragraph (1) shall be as follows: a. passing the theory examination comprising the

knowledge on: 1. public transportation service;

2. public ...

67

(4)

b.

2.

3. 4.

5. 6. 7.

public facilities and social facilities' motorized Vehicle testing; ,

procedure for transporting person and/or goods;

important place in the domicile territory;

type of hazardous material' , security equipment operation.

passing the practice examination comprising the knowledge on: 1.

2.

3. 4.

5.

embarking and disembarking the passengers andlor goods in the Terminal and other certain place;

procedure for transporting person and/or goods;

filling in the cargo certificate' ethics of the Publ·,c ' motorized Vehicle Driver; and

security equipment operation.

By taking into account the . Motorized Vehicle D' . age requirements, each application of: rrver Intending to propose the

a.

b.

c.

68 (5) Besides .. .

(5) Besides being obliged to fulfill the age and special requirements as referred to in paragraphs (2) and (3), each person proposing the application to obtain the General Motorized Vehicle Driving License shall fulfill the provision as referred to in Article 81 paragraphs (3) and (4).

Article 84

The Driving License for Motorized Vehicle can be used as the motorized Vehicle Driving License which total weight is the same as or lower namely as follows:

a. General Driving License A can apply to drive the motorized Vehicle that should use Driving License A;

b. Driving License B I can apply to drive the motorized Vehicle that should use the Driving License A;

c. General Driving License B I can apply to drive the motorized Vehicle that should use the Driving License A, General Driving License A and Driving License B I;

d. Driving License B II can apply to drive the motorized Vehicle that should use the Driving License A and Driving License B I; or

e. General Driving License B II can apply to drive the motorized Vehicle that should use Driving License A, General Driving License A, Driving License B I, General Driving License B I and Driving License B II.

Article 85

(1) Driving License shall be in terms of electronic card or . other form.

(2) Driving License shall apply for 5 (five) years and extendible.

(3) Driving .. .

69

(3)

(4)

(5)

(1 )

(2)

(3)

Driving License as referred to in paragraph (1) shall be valid throughout the Unitary State of Republic of Indonesia.

In the event of bilateral or multilateral agreement between the Unitary Stale of Republic of Indonesia and other state, the Driving License issued in Indonesia can also be valid in other state and the Driving License issued by other state shall be valid in Indonesia.

The holder of Driving License as referred to in paragraph (4) can obtain the international Driving License issued by the Police of State of Republic of Indonesia.

Paragraph 4

Function of Driving License

Article 86

Driving License shall function as the evidence of being competence to drive.

Driving License shall function as the registration of the Motorized Vehicle Driver containing the complete identity particular of the Driver.

Data in the Driver registration can be used to support the activities of investigation, examination and identification of the police forensic.

Part Two . . . 70

(1 )

(2)

(3)

(4 )

Part Two

Issuance and Marking of Driving License

Paragraph I

Issuance of Driving License

Article 87

Driving License shall be provided for each prospective Driver passing the driving examination.

Driving License as referred to in paragraph (1) shall be issued by the Police of the State of the Republic of Indonesia.

The Police of the State of the Republic of Indonesia shall organize the information system of Driving License issuance.

Each office of the Police of the State of the Republic of Indonesia in the issuance of the Driving License sector as referred to in paragraph (2) shall adhere to the procedure for issuance of the Driving License.

Article 88

Further provIsion on procedure, requirements, testing and issuance of the Driving License shall be arranged by the regulation of the Chief Commander of Police of State of Republic of Indonesia.

Paragraph 2 . .. 71

(1 )

(2)

(3)

(1 )

(2)

(3)

Paragraph 2

Granting of Violation Mark In Driving license

Article 89

Police of State of Republic of Indonesia shall be authorized to give the mark or data of violation to the Driving license of the Driver committing the Traffic criminal act violation.

Police of State of Republic of Indonesia shall be a~thorized to detain temporarily or revoke the Driving license temporarily before the judgment of the court.

Further provision on the granting of the mark or data on the violation as referred to in paragraphs (1) and (2) shall be arranged by virtue of the regulation of the Commandeer in Chief of State of Republic of Indonesia.

Part Three

Drivers Work Times

Article 90

Each Public Transportation Company shalJ adhere to and apply the provision on the work times, rest hour and replacement of the Public motorized Vehicle Drivers in accordance with the legislation.

The work times for the Public motorized Vehicle Drivers as referred to in paragraph (1) shall be al the longest 8 (eight) hours a day.

After driving the Vehicle for 4 (four) consecutive hours the Public motorized Vehicle Drivers shall be obliged to take a rest for at the shortest a half hour.

(4) In ... 72

(4)

(1)

(2)

(1 )

(2)

In certain matter, the Driver may be employed at the longest 12 (twelve) hours a day including the rest hour for 1 (one) hour.

Part Four

Administrative Sanction

Article 91

Each officer of the Police of the State of the Republic of Indonesia in issuance of Driving License sector who violates the provisions as referred to in Article 87 paragraph (4) shall be subject to the administrative sanction in terms of discipline sanction and/or police profession ethics.

Further provision on the arrangement and procedure for the administrative sanction imposition as referred to in paragraph (1) shall be arranged by virtue of the regulation of the Commander in Chief of Police of State of Republic of indonesia.

Article 92

Each Public Transportation Company not adhering to and not applying the provision on the work time, rest hour and replacement of the Public Vehicle Driver as referred to in Article 90 shall be subject to the administrative sanction.

The administrative sanction as referred to in paragraph (1) shall be in terms of:

a. written waming;

b. administrative penalty;

c. temporary freezing permit; and/or

d. permit ...

73

(3)

(1 )

(2)

d. permit revocation.

Further provIsion on criteria and procedure for administrative sanction imposition as referred to in paragraph (2) shall be arranged by virtue of the government regulation.

CHAPTER IX

TRAFFIC

Part One

Traffic Management and Engineering

Paragraph 1

Implementation of Traffic Management and Engineering

Article 93

Traffic Management and Engineering shall be implemented to optimize the use of the Road network and Traffic movement in the frame of ensuring the Security, Safety, Orderliness and Smoothness of Traffic and Road Transportation.

The Traffic Management and Engineering as referred to in paragraph (1) shall be implemented by: a. stipulation on the mass transportation priority

through the providing of the special lane or line or road;

b. giving the safety and convenience priority for the Pedestrians;

c. providing the easiness for the disabled person; d. separation or segregation of Traffic flow movement

based on the land designation, mobility and accessibility;

e. integration of various transportation mode:

f. control ... 74

(1 )

(2)

f.

g. h.

control of Traffic in the junction; control of Traffic in the Road lane; andlor

environment protection.

Traffic Management and Engineering shan cover the

activities of:

a. b. c. d. e.

Planning; arrangement; engineering; empowerment; and supervision.

Article 94

The planning activity as referred to in Article 93 paragraph (3) letter a shall cover: a. identification of Traffic problem; b. inventory taking and analysis of Traffic flow

situation; c. inventory taking and 'analysis of person and goods

transportation need; d. inventory taking and analysis of availability or

accommodating capacity of the road; e. inventory taking and analysis of availability or

accommodating capacity of the Vehicle; f. inventory taking and analysis of Traffic violation

and Accident: g. inventory and analysis on Traffic impact:

h. service level determination: and i. determination of Road network use and Traffic

movement arrangement policy plan.

The arrangement activity as referred to in Article 93 paragraph (3) letter b shall cover:

a. determination ..

75

(3)

(4 )

(5)

a. determination on the policy on R d and Traffic movement in the c rt oaR network use and e aln oad network' ,

b. providing the information for . Implementing the policy already ~~~u~~~~unlty in

The engineering activity paragraph (3) I tt as referred 10 in Article 93

e ef c shall cover: a . . Improvement of Road lane

b.

c.

junction as well as Rd ' geometric andlor directly to the Road usO:rs; eqUlpments not relating

~~o~~e~~:, ~S~~"ation. repair and maintenance Road U

q pments directly relating 10 Ih sers; and e

Traffic engineering 0 t' frame of Impr;' pera lonal optimization In the

DVlng the orderliness and effectiveness of the la f ,smoothness w en orcement.

The empowerment activity paragraph (3) letter d shall as referred to in Article 93 a d · I' COver the providing 'or'

. !ree ron; " . b. c. d. e.

counseling; extension ' , training; and

technical aSSistance.

The supervision activity paragraph (3) letter e shall as referred to in Article 93 a Cover·

. evaluation on the potic . . b. corrective aCUon to theY '~Plementation ; c. law enforcem . poliCY; and

ent achon.

76 Article 95 ...

Article 95

(1) The stipulation on policy on the use of Road network and Traffic movement as referred to in Article 94 paragraph (2) letter a in terms of instruction, restriction, waming or direction shall be governed by:

a. regulation of the Minister being responsible for the Road Traffic and Transportation facilities and infrastructure for national road;

b. provincial regional for provincial road; c. municipal regional for municipality and village

roads; or d. city regulation for city road.

(2) The instruction, restriction, warning or direction as referred to in paragraph (1) shall be declared by the Traffic Signs, Road Marks andlor Traffic Signaling Tools.

Paragraph 2

Responslblllty for Implementation of Traffic Management and Engineering

Article 96

(1) The Minister being responsible for the Road Traffic and Transportation facility and infrastructure shall be responsible for the implementation of the Traffic Management and Engineering as referred to in Article 94 paragraph (1) letters a, b, c, e, g, hand i, Article 94 paragraph (2), Article 94 paragraph (3) letter b, Article 94 paragraph (4) as well as Article 94 paragraph (5) letters a and b for the national road network.

(2) The Minister ...

77 - "%" 35M

(2)

(3)

(4)

(5)

(6)

(1 )

The Minister handling the Road shall be responsible for the implementation of the T raffie Management and Engineering as referred to in Artide 94 paragraph (1) letters a. b, d, h. hand i as well as Article 94 p~ragraph (3) letter a for the national road.

Commander in Chief of Police of the State of the Republic of Indonesia shall be responsible for the implementation of the Traffic Management and Engineering as referred to in Article 94 paragraph (1) letters a, b, f, g and i and Article 94 paragraph (3) letter c and Artide 94 paragraph (5).

Govemor shall be responsible for the implementation of the Traffic Management and Engineering as referred to in paragraphs (1) and (2) for provincial road after obtaining the recommendation from the related authority.

Regent shall be responsible for the implementation of the Traffic Management and Engineering as referred to In paragraphs (1) and (2) for municipal andlor village roads after obtaining the recommendation from the related authority.

Mayor shall be responsible for the implementation of the Traffic Management and Engineering as referred to in paragraphs (1) and (2) for city road after obtaining the recommendation from the related authority.

Article 97

In the event of sudden or situational change of Traffic flow, the Police of State of Republic of Indonesia may implement the police Traffic Management and Engineering.

(2) The police ... 78

(1 )

(2)

(1 )

(2)

The police Traffic Management and Engineeri.ng as referred to in paragraph (1) shall be conducted uSing the Traffic Signs, Traffic Signaling Tools as well . as the temporary Road User controlling and securing devIces.

The Police of State of Republic of Indonesia can give the recommendation on the implementation of the Traffic Management and Engineering to the related authority.

Article 98

The person in charge of the implementation. of Traffic Management and Engineering shall coordInate and prepare the analysis, evaluation and report on the implementation based on the data and performance.

The implementation report as referred to in paragraph (1) shall be conveyed to the Road Traffic and Transportation

forum.

Part Two

Traffic Impact Analysis

Article 99

Each development plan of the activity center, settlement and infrastructure that will cause the disturbance to the Security, Safety, Orderliness and Smoothness of Road Traffic and Transportation shall be subject t the Traffic impact analysis.

The Traffic impact analysis as referred to in paragraph (1) shall at least contain:

a. analysis on the Road Traffic and Transportation trip generation and attraction;

b. traffic ...

79

(3)

(1 )

(2)

b.

c.

d.

e.

Traffic performance simulation with and without the development;

~ecommendation and plan of impact hand!" Implementation; rng

responsibility of the Governrnent and developer or the constructor in impact handling; and

monitoring and evaluation plan.

The Traffic impact analysis findings as reterred to in paragraph (1) shall be one 0 the requirements for th developer ,to obtain the permit from the Governmen~ andlor Regional Government pursuant to the legislation.

Article 100

The Traffic impact analysis as referred to In Article 99 paragraph (1) shall be conducted b th institution having the certified expert. Y e consultant

Th~ Traffic impact analysis findings as referred to in A7'~le 99 paragraph (3) shall be approved by the authority ra a '"9 to the Traffic and Road Transportation.

Article 101

Furth~r provisi~n on ~he implementation of Traffic impact analysis as re erred to In Articles 99 and 100 shall be arranged by th government regulation. e

80 Part Three ...

(1 )

(2)

(3)

Part Three

Prioritizing of Traffic Signaling Tools, Traffic Signs,

Road Marks and Competent Officer

Paragraph 1

Requirements and Procedure for Installation of

Traffic Signaling Tools, Traffic Signs and Road Marks

Article 102

The installation of Traffic Signaling Tools, Traffic Signs and/or Road Marks which is instruction, restriction, warning or direction in nature for the network or lane of Road shall be completed within at the longest 60 (sixty) days as of the date of enforcement of the regulation of Minister responsible for the Road Traffic and Transportation facilities and infrastructure or the regional regulation as referred to in Article 95 paragraph (1) .

The Traffic Signaling Tools, Traffic Signs and/or Road Marks as referred to in paragraph (1) shall have the valid and binding force of law 30 (thirty) days after the date of installation.

Further provision on the force of law of the Traffic Signal1ng Tools, Traffic Signs and/or Road Marks shall be governed by the government regulation.

Paragraph 2 ... 81

(1 )

(2)

(3)

(4 )

(1 )

Paragraph 2

Prioritizing of Traffic Signaling Tool and Traffic Signs

Article 103

The Traffic Signaling Tool having the characteristic of instruction or restriction shall be prioritized than the Traffic Signs and/or Road Marks.

The Traffic Signs having the characteristic of instruction or restriction shall be prioritized than the Road Marks.

In case of Traffic jam not enabling the Vehicle movement, the yellow box mark function shall be prioritized than the Traffic Signaling Tool having the characteristic of instruction or restriction.

Further provision on Traffic Sign. Road Marks and/or Traffic Signaling Tool as referred to in paragraph (1) shall be arranged by virtue of the regulation of the Minister being responsible for the Road Traffic and Transportation facilities and infrastructure.

Paragraph 3

Prioritizing of The Officer

Article 104

In any certain condition for the orderly and smoothness of Traffic and Road Transportation, the Police of the State of Republic of Indonesia may take action by:

a. stopping the flow of Traffic and/or Road User;

b. instructing the Road Users to remain going ahead;

c. accelerating the flow of Traffic;

d. slowing down the flow of Traffic; and/or

e. transfering ... 82

e. transferring the direction of flow of Traffic.

The action as referred to in paragraph (1) shall be prioritized than the instruction given by the Traffic Signaling Tools, Traffic Signs and/or Road Marks.

Road Users shall be obliged to adhere to the instruction given by the officer of the Police of State of Republic of Indonesia as referred to in paragraph (1).

Further arrangement on the provision as referred to in paragraph (1) shall be stipulated by the regulation of the Commandeer in Chief of Police of State of Republic of Indonesia.

Part Four

Procedure of Traffic Using

Paragraph Four

Orderliness and Safety

Article 105

Any person using the Road shall:

a. behave orderly; and/or b. prevent the matters that may hamper, endanger the Road

Traffic and Transportation Security and Safety, or damage the Road.

(1 )

Article 106

Any person driving the motorized Vehicle on the Road shall drive the vehicle reasonably and in full concentration.

(2) Any ... 83

(2)

(3)

(4)

(5)

(6)

Any person driving the motorized Vehicle on the R ~~ka" give priority to the safety of the Pedestrians ~~~

ers.

Any person driving the motorized Vehicle on the Road shall ~dhere to the provision on the technical and R d worthiness requirements. oa

Any person driving the motorized Vehicle on the shall fulfill the provisions on: a. b.

instruction or restriction marks' Road Marks· ' ,

Road

c. d. e. f.

g.

h.

Traffic Signaling Tool;

T raffle movement;

stop and Park· , warning by siren and light;

maximum or minimum speed; andlor pro~edure for coupling and sticking Vehlc/e. to other

UPOh" the inspectIon of Motorized Vehicle on the Road

Oeabl~ edpet rson driving the motorized Vehicle shall be '9 0 produce:

a.

b. c. d.

Motorized Vehicle Number Certificate or Vehicle Trial Certificate;

Driving License;

evidence on passing the periodical test; andlor other valid evidence item.

84 (7) Each ...

(7)

(8)

(9)

(1 )

(2)

Each person driving the four or more wheeled Motorized Vehicle not equipped with the houses on the Road and the passenger sitting besides shall use the safety belt and helmet fulfilling the Indonesian national standard.

Each person driving the Motorcycle and its passenger shall use the helmet fulfilling the Indonesian national standard.

Each person driving the Motorcycle without the side wagon shall not bring the Passenger of more than 1 (one) person.

Paragraph 2

Use of Main Lamp

Article 107

The motorized Vehicle Driver shall turn on the main lamp of the motorized Vehicle used on the Road at night and in certain condition.

The Motor Cycle Driver shall besides fulfilling the provision as referred to in paragraph (1). tum on the main lamp on the day.

Paragraph 3

Traffic Line or Row

Article 108

(1) In using the Traffic the Road Users shall use the left side Road line.

(2) The use ... 85

(2)

(3)

(4)

(1 )

(2)

(3)

The use of right side Road line can only be conducted in case of: a. The driver intends to pass the Vehicle in the front;

or b. being instructed by the Police of the State of the

Republic of Indonesia to be used temporarily as the left side line.

Motor Cycle, lower speed Motorized Vehicle, cargo car and Non Motorized Vehicle shall be in the left side Road row.

The use of right side row shall only be designated for the Vehicle with higher speed, intending to turn to the right, changing the direction or go ahead of other Vehicle.

Article 109

The motorized Vehicle Driver intending to pass the other Vehicle shan use the right side Road line or row of the Vehicle to pass, has the free sight distance and there Is the sufficient space.

In certain condition, the Driver as referred to in paragraph (1) may use the left side Road row by still taking into account the Road Traffic and Transportation Security and Safety.

If the Vehicle to pass has given the signal to use the right side road line or row, the Driver as referred to in paragraph (1) shall be prohibited to pass such Vehicle.

Article 110 .. . 86

(1 )

(2)

Article 110

The Driver encountering with other Vehicle from the opposite direction in the two way road not. cle~rly separated shall give the sufficient space at the nght side of the Vehicle.

The driver as referred to in paragraph (1) shall, if being hampered by an obstacle or other Road Us~rs i~ the. front, prioritize the Vehicle coming from the opposite direction.

Article 111

On the ascending or descending road not enabling the Vehicle. to mutually encounter, the Driver of the Vehicle In the descend~ng direction shall give the opportunity to pass to the ascending Vehicle.

(1)

(2)

(3)

Paragraph 4

Curve or Intersection

Article 112

The Vehicle Driver which will tum or go to the reversed direction shall observe the Traffic sltua,tion on ~he fro~t, side and behind the Vehicle as well as give the Signal With the direction signaling lamp or hand signal.

The Vehicle Driver which will change the row or move to the side shall observe the Traffic situation on the front, side and behind the Vehicle as well as give signal.

At the Road intersection equipped with the Traffic Signaling Tools, the Vehicle Driver shall not be ~lIowed to directly tum to the left, unless stipulated otherwise by the Traffic Signs or Traffic Signaling Tool.

Article 113 ...

""

Article 113

(1) At one plot intersection not controlled by Traffic Signaling Tool, the Driver shall give the main right to:

a. The vehicle coming from the front andlor other intersection branch if it is declared by the Traffic Sign or Road Marks;

b, The vehicle from the main road if the Driver comes from the smaller intersection branch or from the compound bordered to the Road;

c. The vehicle coming from the left side of intersection branch if the intersection branch is 4 (four) or more and at the same size;

d. The vehicle coming from the left side branch at the not perpendicular t-junctions: or

e. The vehicle coming from the straight Intersection branch at the perpendicular t-junction.

(2) If the intersection is equipped with the round Traffic controlling tool , the Driver shall give the main right to other Vehicle coming from the right.

Article 114

At one plot intersection between the railway and the Road, the Driver of the Vehicle shall be obliged to:

a. stop when the signal sounds, the train latch is already closed and/or there is other signal;

b. prioritizing the train; and

c. give the main right to the Vehicle passing the railway first.

Paragraph 5 ... 88

Paragraph 5

Speed

Article 115

. . on the Road shall not: The motorized Vehicle driver d' the allowable highest speed

drive the Vehicle excee In9 a. as referred to in Article 21 ; and/o~

run against other motorized Vehicle . b.

(1 )

(2)

Article 116

The driver shall slow down the vehicle in accordance with

the Traffic Signs. . . Traffic Signs as referred, to ~n

Besides according to. the h 11 slow down the vehicle In paragraph (1) the Dnver s a

case of: h P blic motorized Vehicle a. intending t? surp~ss tb:rki~9 the Passengers;

disembarking an em t . ed Vehicle not

b.

c. d.

e.

f.

s Non moonz intending to su~as I the animal being ride on or pulled by the amma , the herded animal;

rain and/or water ~nun~~~~oyn~nter not declared by entering the public ac \VI

the Traffic Signs; . lot crossing train ; approaching the intersectIon or p

and/or . Pedestrian who will . g and knowing there IS a seeln

to cross the street.

Article 117 ... ,

89

Article 117

The Driver intending to slow down the vehicle shall observe the Traffic situation at the side and behind the Vehicle by the manner not endangering other Vehicle. .

Paragraph 6

Stopping

Article 118

Besides the Public Motorized Vehicle in the trajectory, each Motorized Vehicle can stop at each Road except:

a. there is the no stop mark and/or intact-lined Road Marks.

b. in the certain place possibly endangering the security, safety and disturbing the Road Traffic and Transportation Orderliness and Smoothness; andlor

c. on the highway (toll road) .

(1 )

(2)

Article 119

The driver of the Public Motorized Vehicle or the school bus which stops to disembarking andlor embarking the Passengers shall give the signal to stop.

The Vehicle Driver behind the Public Motorized Vehicle or school bus being stopped as referred to in paragraph (1) shall stop the vehicle temporarily.

Paragraph 7 ... 90

Paragraph 7

Parking

Article 120

The parking of the Vehicle on the Road shall be parallel or form the comer according to the Traffic direction.

(1 )

(2)

(1 )

Article 121

Each Motorized Vehicle Driver shall install the securing triangle, danger warning signaling lamp or other signal when stopping or Parking in emergency on the Road.

The provision as referred to in paragraph (1) shall not be valid for the Driver of Motor Cycle without side wagon.

Paragraph 8

Non Motorized Vehicle

Articte 122

The Driver of the Non Motorized Vehicle shall be prohibited to: a. intentionally let the vehicle pulled by the

motorized Vehicle with the speed possibly endangering the safety;

b. transport or pull the thing that may hamper or endanger other Road User; andlor

c. use the motorized Vehicle road line If the special road line is already available for the Non motorized Vehicle.

(2) The bikers shall not bring the Passengers unless the bicycle is already equipped with the Passenger seat.

(3) The drivers . .. 91

(3) The drivers of the cart or trolley running in rows shall give the sufficient space for other Vehicle to go ahead.

Article 123

The deaf bikers shall use the identity card attached to the front and back side of the bicycle.

(1 )

Paragraph 9

Procedure of Traffic Using for the Drivers of

Public motorized Vehicle

Article 124

The drivers of the Public motorized Vehicle for passenger transportation in the trajectory shall be obliged to:

a. transport the paying Passengers in accorddnce with the tariff already stipulated;

b. move the traveling passenger to other similar Vehicle in the same trajectory without additional charge if the Vehicle suffers from engine-failure, damaged, in case of aCCident or upon the instruction of the officer;

c. use the Road line already determined or use the farthest left line except to go ahead or change direction;

d. stop the vehicle when embarking or disembarking the Passengers;

e. close the door when the Vehicle moves on; and

f. adhere to the maximum speed limit for public transportation.

(2) The drivers . . . 92

(2) The drivers of the Public motorized. Vehicle .for passenger transportation in the trajectory with economic tariff shall transport the students.

Article 125

the the

~~: t~:v~~:dO~!~o~~~Sa~~o~~~~~:t~~h ~~~o~~:~ ~::!C~r:=~~ determined.

Article 126

The drivers of the person transportation Public motorized Vehicle shall not: d

th ·n the place alrea y stop the Vehicle other an I a.

b.

c.

d.

determined; wait for passenger other than in the place already

determined; dl r disembark the Passengers other than in the shelt~r an ~ destination without the proper and urgent reasons, ~nd/o.

ass the road network other than those as determined In p 't the trajectory perm I .

Part Five . ..

93

Part Five

The Use of Road Other Than For Traffic Activities

Paragraph 1

The Use of Road Other Than For Allowable Traffic Activities

(1 )

(2)

(3)

(1 )

(2)

Article 127

The road use for the performance of activity outside the function can be made on the national. provincial, districV city roads and village road.

The national and provincial road use as referred to In paragraph (1) will be allowable for the public interest on national basis.

The use of districU city roads and village road as referred to in paragraph (1) will be allowable for the public Interest on national and regional basis andlor for public interest.

Paragraph 2

Procedure for Road Use Other Than for Traffic Activity

Article 128

The road use as referred to in Article 127 paragraph (1) causing the Road blockade can be allowable In case of alternative road available.

The diverting of Traffic flow to the alternative road as referred to in paragraph (1) shall be declared by the temporary Traffic Sign.

(3) The permit ... 94

(3)

(1 )

(2)

The permit for Road use as referred to in Artide 127 paragraphs (2) and (3) shall be provided by the Police of State of Republic of Indonesia.

Paragraph 3

Responsibility

Article 129

The Road user outside the Road function shall be responsible for all consequences arising.

The official providing the permit as referred to in Article 128 paragraph (3) shall be responsible for assigning the officer in the Road section to maintain the Road Traffic and Transportation Security, Safety, Orderliness and Smoothness.

Article 130

Further provision on the Road use other than for the Traffic activities as referred to in Articles 127, 128 and 129 shall be arranged by the regulation of Commandeer in Chief of Police of the State of the Republic of Indonesia.

Part Six

Rights and Obligations for Pedestrians In Using Traffic

Article 131

Pedestrian shall be entitled to the availability of the supporting facilities in terms of sidewalk, point of crossing and other facilities .

(2) Pedeslrian ... 95

(2) Pedeslrian shall be enlilled 10 oblain Ihe priorily when crossIng the Road in the point of crossing.

(3)

(1 )

(2)

(3)

(1 )

In case of no facilities available as referred to in paragr~ph (1), Ihe Pedestrian shall be enlilled 10 go across In the place chosen by taking into account the self­safely.

Article 132

The pedeslrlan shall be obliged 10:

a. use the section of Road designated for Pedestrians or the farthest left Road; or

b. go across in the place already determined.

the

!" case of no pOint of crossing determined as referred to In paragraph (1) letter b, Ihe Pedeslrians shall lake inlo account the Traffic Safety and Smoothness.

The disabled pedestrians shall use the clear marks which 15 easy to know by other Pedestrian.

special

Part Seven

Traffic Need Management

Article 133

To improve the efficiency and effectiveness of the Traffic Space use and control the Traffic movement the Traffic need management is organized based on th~ criteria as follows: a. ratio ~f motorized Vehicle Traffic volume to Road

capaclly;

b. public . .. 96

b. public transportation network and service availability; and

c. environment quality.

(2) Traffic need management as referred to in paragraph (1) shall be conducled by:

(3)

(4)

(5)

a.

b.

c.

d.

e.

f.

limiting the individual Vehicle Traffic in the certain corridor or area in a certain time and Road; limiting the goods Vehicle Traffic in the certain corridor or area in a certain time and Road;

limiting the Motor Cycle Traffic in the certain corridor or area In a certain time and Road;

limiting the Public motorized Vehicle Traffic in accordance with the Road function classification;

limiting the Parking lot In the certain area with the maximum Parking lot border; and/or limiting the Public Non motorized Vehicle in the certain corridor or area in a certain time and Road.

The limitation of Traffic as referred to in paragraph (2) letters a and b can be made by imposing the charge of Traffic control deSignated for the improvements of Traffic performance and public transportation service in accordance with the provision of the legislation.

Traffic need management shall be stipulated and evaluated periodically by the Minister being responsible for the Road Traffic and Transportation facilities and Infrastructure, provincial and district! city government in accordance with the scope of authority by Involving the related authOrity.

Further provision on the Traffic need management shall be arranged by the government regulation.

Part eight ... 97

-

Part Eight

Main Right of Road User For Smoothness

Paragraph 1

Road Users Obtaining Main Rights

Article 134

The Road users shall obtain the main rights to be prioritized in accordance with the sequence as follows:

a. fire brigade performing the tasks; b. ambulance transporting the sick persons; c. Vehicle to give first aid for Traffic Accident;

d. Vehicle of the leaders of State Institution of Republic of Indonesia;

e. Vehicle of the leaders and foreign state official as well as international institution being the state guests;

f. corpse attendance convoy; and

g. convoy and/or Vehicle for the certain interest according to the consideration of the officer of the Police of the State of the Republic of Indonesia.

(1 )

Paragraph 2

Procedure for Smoothness Arrangement

Article 135

The Vehicle obtaining the main right as referred to in Article 134 shall be guarded by the officer of the Police of State of Republic of Indonesia and/or use the red and blue signal lamps and siren.

(2) The officer ... 98

(2)

(3)

(1 )

(2)

(3)

The officer of Police of State of Republic of Indonesia shall conduct the safeguarding if he/she knows the existence of the Road Users as referred to in paragraph (1 ).

The Traffic Signaling Tool and Traffic Sign shall not apply to the Vehicle obtaining the main right as referred to in Article 134.

Part Nine

Administrative Sanction

Article 136

Any person violating the provision as referred to in Article 99 paragraph (1). Article 100 paragraph (1) and Article 128 shall be subject to administrative sanction.

Administrative sanction as referred to in paragraph (1) shall be in terms of: a. written warning; b. temporary suspension for public service; c. temporary suspension for activity; d. administrative penalty;

e. f.

permit cancellation; and/or

permit revocation.

Further provision on the criteria and procedure for administrative sanction imposition as referred to in paragraphs (1) and (2) shall be regulated by the government regulation.

CHAPTER X ... 99

(1 )

(2)

(3)

(4)

(5)

CHAPTER X

TRANSPORTATION

Part One

Passenger and goods transportation

Article 137

People andlor goods transportation and Non Motorized Vehicle. can use the Motor

Passenger transportaU . shall be in terms of Mot~rn C usl,ng

p the motorized Vehicle yc e, assenger Car or bus,

~~~~s!~nsportation by motorized Vehicle shall use the

Cargo car shall not be u d I unless: S8 or passenger transportation

a. ratio of . motorized Vehicle for passen er ~ransportatJon •. geographical condition and r;ad mfrtastru~ure In the province/municipalityl city is no sufficIent;

b,

c,

for the mobilization or training of Indo .

INadtional, Army and/or Police of State of RepUnb~i~~~ n ones/a; or

~:h;;ajtnter~~ base? on the consideration of Police

G e 0 epubhc of Indonesia and/or Regional

ovemment.

Further provision on car a transportation .as referred ~ ,car used for passenger regulated by the govemment~e~ul~~~~graPh (4) shall be

Part Two. " 100

(2)

(3)

'(1 )

(2)

(3)

(4)

Part Two

Obligation To Provide Public Transportation

Article 138

Public transportation shall be organized in an effort to fulfill the need of the safe, secure, convenient and affordable transportation.

The government shall be responsible for public transportation organizing as referred to in paragraph (1 ).

People and/or goods public transportation can only be made by the Public Motorized Vehicle.

Article 139

The government shall be obliged to secure the availability of the public transportation for people andlor goods transportation service on intercity inter province as well as cross state border basis.

Provincial government shall ensure the availability of the public transportation for the inter-city people andfor goods transportation service in the province.

Municipal/city government shall ensure the availability of the public transportation for people andfor goods transportation service in the territory of municipalityftown.

The providing of public transportation service shall be conducted by the state-owned enterprises, regional­owned enterprise andfor other legal entity in accordance with the legislation.

Part Three ... 101

Part Three

Passenger transportation By Public Motorized Vehicle

Paragraph 1

General

Article 140

The passenger transportation service by Public Motorized Vehicle shall consist of: a.

b.

(1 )

(2)

passenger transportation by Public motorized Vehicle in the trajectory; and passenger transportation by Public motorized Vehicle not in the trajectory.

Paragraph 2

Passenger transportation Service Standard

Article 141

Public Transportation Company shall fulfill the minimum service standard comprising: a. security; b. safety; c. convenience; d. affordability;

e. equality; and f. regularity.

Minimum service standard as referred to in paragraph (1) shall be stipulated based on the service type given.

(3) Further ... 102

(3) Further prOVISion on the minimum service standard as referred to in paragraph (1) shall be regulated by the regulation of Minister being responsible in Road Traffic and Transportation facil ity and Infrastructure.

Paragraph 3

Passenger transportation By Public Motorized Vehicle in Trajectory

In Trajectory

Article 142

The type of passenger transportation by Public motorized Vehicle in the trajectory as referred to in Article 140 letter a shall consist of: a. b.

c. d.

••

cross state border transportation; inter city inter province transportation; inter city transportation in the province; urban transportation; or rural transportation .

Article 143

The criteria of person transportation service by Public motorized Vehicle in the trajectory as referred to in Article 140 letter a shall: a.

b.

c.

possess the fixed and regular route; be scheduled, started, ended and embark or disembark the passengers in the Terminal for inter city and cross state border transportation; and embark and disembark the passengers in the place already designated for urban and rural transportation.

Article 144 . .. 103

Article 144

The trajectory network and need for Public Motorized shall be prepared based on: Vehicle

a. b. c. d.

e. f. g.

(1 )

(2)

(3)

(4)

spatial layout;

transportation service demand level ' , capability of the transportation service providing;

availability of Road Traffic and Transportation network­suitability to the road class' ' , integration of intra-mode transportation; and

integration of inter-mode transportation.

Article 145

The. trajectory network and need of Public Motorized VehIcle as re~erred to in Article 144 shall be prepared in the form of trajectory network public plan.

The preparat!on of the trajectory network public plan as referr~d ,to l~ paragraph (1) shall be made b the coordInation wIth the related authority. Y

The trajectory network public plan as referred to in paragraph (1) shall consist of:

a. inter- state cross border trajectory network'

b, inter city inter province trajectory network' '

c. inter city trajectory network in the provinc~; d. urban trajectory network; and e. rural trajectory network.

Trajectory netw~rk public plan as referred to in para r h (1) shall be reviewed periodically at Ihe longest 5 g(::.) years.

104 Article 146 ...

(1 )

(2)

(1 )

(2)

Article 146

Urban trajectory network as referred to in Article 145 paragraph (3) letter d shall be prepared based on Ihe urban area.

Urban area for transportation service as referred to in paragraph (1) shall be stipulated by:

a. The minister being responsible for Road Traffic and Transportation facilities and Infrastructure for the urban area exceeding the provincial territory border;

b.

c.

governor for the urban area exceeding the Municipal/City territory border in one province; or

regenUmayor for the urban area being in the territory of municipal/city.

Article 147

The trajectory network and the need of inter-state cross border Public motorized Vehicle as referred to in Article 145 paragraph (3) letter a shall be stipulated by the Minister being responsible for the Road Traffic and Transportation facility and Infrastructure in accordance with the inter-state agreement.

Inter-state agreement as referred to in paragraph (1) shall be prepared based on the provision of the legislation.

Article 148

The trajectory network and the need of Public motorized Vehicle as referred to in Article 145 paragraphs (1) and (3) letters b. c and d shall be stipulated by:

a. The Minister ... 105

a.

b.

c.

The Minister being responsible for the Road Traffic and Transportation facilities and Infrastructure for the trajectory network and the need of inter-city inter-province and urban Public motorized Vehicle exceeding the border of 1 (one) province;

govemor for the trajectory network and inter-city inter­province Public motorized Vehicle in the province and urban exceeding the border of 1 (one) districVcity in 1 (one) province after obtaining the approval from the Minister being responsible in Road Traffic and Transporta.tion facilities and Infrastructure; or

regent/mayor for the trajectolY network and the need of urban Public motorized Vehicle in 1 (one) district/city territory after obtaining the approval from the Minister being responsible for Road Traffic and Transportation facilities and Infrastructure.

Article 149

The trajectory network and need of rural Public Motorized Vehicle as referred to in Article 145 paragraph (3) letter e shall be stipulated by: a.

b.

c.

regent for the rural area connecting 1 (one) district area; governor for rural area exceeding 1 (one) district area in 1 (one) province area; or

Minister being responsible in Road Traffic and Transportation facilities and Infrastructure for the rural area exceeding one province area.

Article 150

Further provISions on passenger transportation by public Motorized Vehicles in trajectories shall be governed by governmental regulation.

Paragraph 4 ... 106

Paragraph 4

Passenger transportation by Public motorized Vehicles not In Trajectories

Article 151

Passenger transportation service by public Motorized Vehicles not in trajectories as referred to in Article 140 letter b shall consist of:

(1 )

(2)

(3)

a. Passenger transportation by taxi; b. Passenger transportation by certain destination; c. Passenger transportation for tourism purpose; and d. Passenger transportation in certain area.

Article 152

Passenger transportation by taxi as referred to in article 151 letter a must be used for door to door transportation service with operational area in an urban region.

Operational area in an urban region as referred to in section (1) may: a. Be within a municipal region b. Be within a regency area c. Be exceeding a municipal region or regency area

within 1 (one) provincial area; or d. Exceeding a provincial area.

Operational area in an urban region as referred to in section (2) and the maximum number of taxi requirement shall be determined by: a. The mayor for taxis which operational area is

within a municipal region, b. Head of regency for taxis which operational area is

within a regency area,

C. Governor .. . 107

(1 )

(2)

(1 )

(2)

(3)

c.

d.

Govemor for taxis which operational exceeds a mun!ci~al region or regency area within 1 (one) provincIal area; or The Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure for taxis which operational area exceeds a provincial area.

Article 153

Passenger transportation by certain destination as referred to in article 151 letter b shall be prohibited to pick andlor drop passengers along the road for any purposes other than the passenger transportation service in a trajectory

Passenger transportation by certain destination shall be organized by using public passengers' cars or public buses.

Article 154

Passenger transportation for tourism purpose as referred to in article 151 letter c must be used for tourism transportation service

The, implementation of Passenger transportation for tounsm purpose as referred to in paragraph (1) shall have to u~e public passengers' cars and public buses with a speCial marie

Passenger transportation for tourism purpose is not allowed to use public Motorized vehicles in trajectories, ~xcept fo~ areas where a special transportation for tourism IS not available yet.

Article 155 .. . lOB

(1 )

(2)

Article 155

Transportation in certain area as referred to in article 181 letter d must be implemented by transportation service on local roads and surroundings streets.

Passenger transportation In certain area as referred to in paragraph (1) shall have to use public passengers' cars.

Articl.156

Evaluation on operational areas and the requirement of passenger transportation not in trajectories shall have to make at least once in 1 (one) year and be publicly announced.

Articl.157

Further provIsions on passenger transportation by public Motorized vehicles not in trajectories shall be govemed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

(1 )

(2)

Paragraph 5

Mass transportation

Articl.158

Government guarantees the availability of road-based mass transportation to fulfill the demand of passenger transportation by public motorized vehicles in urban region.

Mass transportation as referred to in section (1) must be supported by: a. Buses with mass transporting capacity; b. Special row;

c. Other ... 109

c.

d.

Other public transportation trajectories not overlapping with mass transportation trajectories; and Feeder transportation.

Article 159

Further provisions on mass transportation as referred to in article 158 shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Part four

Goods transportation by public motorized vehicles

Paragraph 1

General

Article 160

Goods transportation by public motorized vehicles consists of:

a. General goods transportation; and b. Specific goods transportation.

Paragraph 2

General Goods Transportation

Article 161

General goods transportation as referred to in article 160 letter a shall have to fulfill the requirement as follows:

a. Road infrastructure passed through shall have to meet the provisions on road classification

b. There .. . 110

There is available a logistic distribution center andfor a place to load and unload cargo; and

Use cargo cars.

Paragraph 3

Specific goods and heavy equipment transportation

Article 162

Motorized vehicles transporting specific goods are required to:

a. Meet the safety requirements according to the characteristics and shapes of the goods carried;

b. Marked with a certain sign according to the goods carried

c. Park the vehicles at the designated places

d. Load and unload cargo at the designated places and by using equipment according to the characteristics and shape of the goods carried;

e. Operate at those times not disturbing the security, safety, smoothness and orderliness of traffic and road transportation; and

f. Obtain recommendations from related instances.

Public motorized vehicles carrying heavy equipment with the dimensions exceeding those defined dimensions as referred to in Article 19 shall have to be escorted by State Police of Republic of Indonesia.

Driver and driver's assistant of a public motorized vehicle carrying specific goods must hold a certain competency according to the characteristics and shape of the specific goods transported.

Article 163 . . .

111

Article 163

(1) Th~ owner, CB.rgo load forwarding agent or shipper who delivers speafic goods is required to notify the warehousing operator andlor cargo transportation operator prior to the loading of those goods onto a public motorized vehicle.

(2) A cargo t.ransportation operator engaged in specific goods transporting activity is obliged to provide storage places as well as being responsible for the composing of system and procedure to handle specific andlor dangerous goods while those goods are not loaded yet onto a public motorized vehicle.

Article 164

Fu~her provisions on goods transportation by public motorized vehicles shall be governed by the regulation of the Minister whose res~onsib~l~o/ is in the field of Road Traffic and Transportation facIlities and infrastructure.

(1 )

(2)

Part Five

Multimodal transportation

Article 165

Road Public transportation which is part of multimodal transportation shall be implemented by a multimodal transportation corporate

The activit.ies of public transportation in a multi modal transport~tlon shall be implemented under an agreement entered .Into between road transportation corporate and the multlmodal corporate and/or other modes corporate.

(3) A mullimodal 112

(3) A multimodal transportation service must be integrated by system and obtain a license from the government.

(4) Further provisions on multimodal transportation, the requirements and procedure to obtain a license as referred to in paragraph (1) shall be govemed by Ihe governmental regulation.

(1 )

(2)

(3)

Part Six

Documents of passenger and goods transportation by

Public motorized vehicles

Article 166

Passenger transportation by public motorized vehicles serving inter-state-cross border, intercity inter-province and intercity intra-province permanent trajectories must be equipped with documents.

Passenger transportation documents as referred to in section (1) cover:

a.

b.

c.

Public passengers' tickets for transportation in trajectories, Baggage identification card; and

Manifest.

Goods transportation by public motorized vehicles is required to be equipped with those documents covering:

a. Transportation agreement; and

b. Cargo document.

Article 167 .. ,

113

(1 )

(2)

(1 )

(2)

(1 )

Article 167

Public Transportation Company for Passengers is required to:

a. Submit passengers' tickets

b. Submit passengers payment slips for transportation not in trajectories

c. Submit baggage identification cards to passengers and

d. Submit manifest to the driver

Passengers' tickets must be used by those people whose names are listed in the tickets according to legal own­identity documents.

Article 168

A Public Transportation Company carrying goods is required to make a cargo loading document as a part of travel documents.

A Public Transportation Company carrying goods is required to enter into a cargo transportation agreement.

Part Seven

Cargo Loads Control

Article 169

A driver andlor a public transportation company for goods is required to meet the provisions on procedure of loading, transporting capacity, vehicle dimensions, and road classification,

(2) To Gonlrol. .. 114

(2)

(3)

(4)

(1 )

(2)

(3)

(4)

To control the fulfillment of such provisions as referred to in paragraph (1) a controlling on the loads of cargo transportation is conducted,

Cargo control shall be conducted by using a weighing device.

Such weighing devices as referred to in paragraph (3) consists of: a. Permanently installed weighing devices; or

b. Portable weighing devices.

Article 170

Such permanently installed weighing devices as referred to in article 169 paragraph (4) letter a shall be fixed at certain locations,

The determination of locations, operation, and closing of such weighing devices installed permanently on roads as referred to in paragraph (1) shall be done by the government,

The operation and maintenance of permanently installed weighing devices shall be done by weighing implementation units appointed by the government,

The officers operating such permanently installed weighing devices are obliged to register the types of goods carried, weight of cargo, and destination.

Article 171 ... 115

(1 )

(2)

(3)

Article 171

Such portable weighing devices as referred to In article 169 paragraph (4) letter b shall be used in the inspection on motOrized vehicles on roads and investigation on cargo breaching criminal act,

The operation of such weighing devices for motorized vehicles inspection on roads as referred to in paragraph (1) shall be done by motorized vehicles inspecting officers.

The operation of such weighing devices as referred to in paragraph (1) shall be done jOintly with the apparatus of the State police of Republic of Indonesia.

Article 172

Further provisions on cargo control shall be governed by the governmental regulation.

(1 )

Part Eight

Transportation Undertaking

Paragraph 1

Transportation Licensing

Article 173

A public transportation company operating a people andlor goods transportation is required to hold:

a. An organizing license for passenger transportation in trajectories

b. An organizing license for passenger transportation not in trajectories; and/or

C. an." 116

(1)

(2)

c. an organizing license for specific goods or heavy equipment transportation.

The obligation to hold such licenses as referred to in paragraph (1) shall not apply on:

a. sick passenger transportation by ambulances; or

b. corpse transportation.

Article 174

Such licenses as referred to In article 173 paragraph (1) take the form of a contract document and/or electronic cards consisting of decision letter, statement letter, and control cards,

The conferral of licenses as referred to in paragraph (1) shall be implemented through selection or tender according to the statutory regulation,

Such licenses as referred to in paragraph (1) may be in terms of a license for 1 (one) trajectory or for several trajectories within an area.

Artlcte 175

The license for public transportation organization is valid for a certain period,

The extension of such license must pass a selection or tender process as referred to in article 174 paragraph (2).

Paragraph 2 . _ . 117

Paragraph 2

Organizing license for passenger transportation In trajectories

Article 176

Such organizing license for passenger transportation in trajectories as referred to in article 173 paragraph (1) letter a shall be granted by:

a. The Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure for the operation of passenger transportation which serves:

b.

1. state-cross trajectories under a bilateral agreement,

2. inter-regency/inter-municipality trajectories which exceed the territory of 1 (one) province,

3. urban transportation trajectories which exceed the territory of 1 (one) province; and

4. rural trajectories which cross the territory of 1 (one) province.

The governor for the operation of passenger transportation which serves: 1. intercity trajectories which exceed the territory of 1

(one) regency/municipality within 1 (one) province,

2. urban transportation trajectories which exceed the territory of 1 (one) regency / municipality within one province; and

3. rural trajectories which cross the territory of 1 (one) regency within one province.

c. The Governor of Special Region of Jakarta Capital for the operation of passenger transportation which serves the trajectories entirely existing within the territory of Special Region of Jakarta Capital.

d. head ... 118

d. Head of regency for the operation of passenger transportation which serves: 1. rural trajectories located within 1 (one) regency

territory; and 2. urban trajectories located within 1 (one) regency

territory.

e. Mayor for the operation of passenger transportation which serves urban trajectories located within 1 (one) municipality territory.

Article 177

The holder of a license for the operation of passenger transportation is required to: a. Perform the provisions set out in the license obtained; and b. Operate the public motorized vehicles according to the

minimum service standard as referred to in article 141 paragraph (1).

Article 178

Further provISions on license for the operation of passenger transportation in trajectories shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Paragraph 3 ... 119

(1 )

7

Paragraph 3

Organizing license for p~ssen~er transportation not in trajectories

Article 179

~u~:j~~~:rin~~jnags I~cense for ~asse~ger transportation not letter b shall be gra~i:,~eb~/o In article 173 paragraph (1)

a. ~he dMi~ister whose responsibility is in the field of in~:stru::ffiC f, and Transportation facilities and

ure or passenger transportation which serves: 1.

2. 3.

taxi transportation which operational area exceeds 1 (one) provincial territory;

transportation with certain destination' or tourism transportation. '

b. The ~overnor for taxi transportation which ope~a~lon~1 area exceeds 1 (one) re en / municipality territory within 1 (one) provinc2. cy

c.

d.

'[he gov~rnor of special region of Jakarta capital or taxI. transportation and specific area tr~n~portatlon which operational areas located wlt~ltnl the .territory of special region of Jakarta caPI a province; and

Hea~ of regency/mayor for taxi transportation and specIfic area transportation which . areas located ·th· . operational

WI tn the terntory of regency/municipality. a

120 (2) Further ...

Further provisions on the procedure and requirement for the granting of license as referred to in paragraph (1) shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Paragraph 4

Organizing license for specific goods and heavy equipment transportation

Article 180

(1) Organizing license for specific goods transportation as referred to in article 173 paragraph (1) letter c shall be granted by the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure under the recommendation from related instances.

(2)

(3)

Organizing license for heavy equipment transportation as referred to in article 173 paragraph (1) letter c shall be granted by the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Further provisions on the procedure and requirement for the granting of specific goods and heavy equipment transportation organizing licenses shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Part nine ... 121

(1 )

(2)

(1 )

(2)

Part Nine

Transportation tariffs

Article 181

Transportation tariffs consist of passengers' tariff and cargo tariff,

Passengers' tariff as referred to in paragraph (1) consists of: a. passengers' tariff for passenger transportation in

trajectories; and

b. passengers' tariff for passenger transportation not in trajectories

Article 182

Passengers' tariff for passenger trajectories consists of: a. Economic class tariff; and b. Non-economic class tariff

transportation in

The determination of economic class tariff as referred to in section (1) shall be made by: a. The Minister whose responsibility is in the field of

Road Traffic and Transportation facilities and infrastructure for passenger transportation which serves intercity inter-province trajectories, urban transportation, and rural transportation which operational areas exceed a I=-rovincial territory,

b. The governor for passenger transportation which serves intercity intra-province trajectories as well as urban and rural transportation which exceed the boundaries of one regency/municipality within one province,

c. Regent ...

122

(3)

(4)

(1 )

(2)

c.

d.

Regent for passenger transportation which serves intercity trajectories in the regency as well as urban and rural transportation which service areas are within the regency territory, mayor for passenger transportation serving urban transportation trajectories which service area is in Ihe city.

Passengers' tariff of passenger transportation in non­economic class trajectories shall be defined by the public transportation companies.

Further provisions on passengers' tariffs as referred to in paragraph (1) shall be governed by the regulation of the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Article 183

Passengers' tariff for passenger transportation not in trajectories by using taxi as referred to in article 151 letter a shall be defined by public transportation companies under the gO'/emment's approval according to their respective authorities based on the deSignated minimum service standard,

Passengers' tariff for passenger transportation not in trajectories with certain destination, tourism and in certain areas as referred to in article 151 letters b, c, and d shall be defined under the consensus between service users and public transportation companies.

Articie 184 . .. 123

Article 184

Goods transportation tariff as referred to in article 181 paragraph (2) letter b shall be defined under the consensus between service users and public transportation companies.

(1 )

(2)

Part Ten

Subsidy on public passengers' transportation

Article 185

PU.bliC. passengers transportation with economic class tanff In certain trajectories can be subsidized by the government and/or regional governments,

Further provisions on the granting of subsidy to public passengers transportation as referred to in paragraph (1) shall be governed by the governmental regulation.

Part Eleven

Obligations, rights , and responsibilities of public transportation companies

Paragraph 1

Public transportation companies' obligations

Article 186

A public transportation com~any is obliged to carry people and/or goods on?e a tr?nsportatlon agreement is reached and/or transportation cost IS paid by passengers and/or goods shippers.

Article 187 ... 124

Article 187

Goods shippers when a cancellation on departure occurs.

Article 188

A public transportation company is obliged to compensate any losses suffered by passengers and/or goods shippers due to its negligence in performing the transportation service.

Article 189

A public transportation company is obliged to insurance its obligations as referred to in article 188.

Article 190

The driver of a public motorized vehicle may get any passengers and/or goods carried off at the nearest stop if such passengers and/or goods can cause harm to the security and safety of transportation.

Article 191

A public transportation company shall assume the responsibility for any losses caused by any acts committed by anyone it employs in transportation business.

Article 192 ... 125

(1 )

(2)

(3)

(4)

(5)

(1 )

(2)

Article 192

A public transportation company shall be responsible for any losses suffered by any passengers who passed away or injured due to the transporting operation, except for any incidence that is unpredictable or unavoidable or due to such passengers' own faults.

The losses as referred to in paragraph (1) shall be calculated on the actual losses suffered or part of the service cost.

The responsibility as referred to in paragraph (1) shall commence since the passengers were carried and end at the agreed place of destination.

Transporter shall not be responsible for any losses on passengers' personal belongings, unless the passengers are able to prove that such losses were caused by the transporter's fault or negligence.

Further provisions on the amount of compensation shall be govemed by the govemmental regulation.

Article 193

A public transportation company shall be responsible for any losses suffered by any goods shippers caused by such goods being destroyed, lost or damaged due to the transporting operation, unless it is proved that the annihilated, lost or damage of such goods was caused by an unpreventable or unavoidable incident or due to the shippers' fault.

The losses as referred to in paragraph (1) shalt be calculated on the actual losses suffered.

(3) The responsibility .. . 126

The responsibility as referred to in paragraph (1) shall commence since the goods were carried and up to the delivery of goods at the agreed place of destination.

The public transportation company shall not be responsible if such losses are caused by the information which does not match with the cargo document.

Further provisions on the amount of compensation shall be governed by the govemmental regulation.

Article 194

A public transportation company shall not be responsible for any losses suffered by any third parties, unless such third parties are able to prove that the losses were caused by the public transportation company's fault.

The right to submit an objection and request for compensation by a third party to the public transportation company as referred to in paragraph (1) should be forwarded at the latest 30 (thirty) days since the date such losses occurred.

Paragraph 2

Public transportation companies' rights

Article 195

A public transportation company is entitled to retain any goods carried if the shippers or receivers do not fulfill their obligation within a deSignated time limit under the transportation agreement.

(2) A public ... 127

(2)

(3)

A public transportation company is entitled to collect an extra fee on goods kept and not collected according to the agreement.

A public transportation company is entitled to sell any goods carried by way of auction according the provisions of statutory regulation if the shippers or receivers do not fulfill their obligation under the agreement as referred to in paragraph (1).

Article 196

If the transported goods are not collected by the shippers or receivers within the agreed time limit, then the public transportation company is entitled to destroy any goods having dangerous characteristics or harming In its storage according to the provisions of statutory regulation.

Part Twelve

Organizers' responsibility

Article 197

(1) The government and regional governments as the transportation organizers are required to:

a. Provide a guarantee to public transportation service users to get the service,

b. Provide a protection to the public transportation companies by keeping the balance between the demand and supply of public transportation,

c. Conduct a monitoring and evaluation on passenger and goods transportation.

(2) Further ... 128

Further provisions on the responsl~ility of public transportation organizers as referred to In ~a~agraph (1) shall be governed by the regulation of the MInister whose responsibility Is in the field of Road Traffic and Transportation facilities and infrastructure.

Part Thirteen

Public transportation services Industry

Article 198

Public transportation services must be developed into a services industry that meets the service standard and encourage a fair competition.

To materialize such service standard and fair competition as referred to in paragraph (1), the government and/or regional governments shall have to: . '

define the market segmentation and claSSIfication; a. b. define the minimum service standard;

define the criteria of a fair competition; c. d. encourage the creation of markets; and

control and supervise the development of public e. transportation services industry.

Further provisions on the service standard and a fair competition shall be governed by the governmental regulation.

Part Fourteen ...

129

(1 )

(2)

(1 )

Part Fourteen

Administrative sanctions

Article 199

Anyone who violates such provisions as referred to in articles 167, 168, 173, 177, 186, 187, 189, 192, and 193 shall be imposed with administrative sanctions in the form of:

a. written warning

b. administrative penalty

c. suspension of license; and/or

d. revocation of license.

Further provisions on the criteria and procedure for imposing such administrative sanctions as referred to in paragraph (1) shall be govemed by Ihe regulalion of Ihe Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

CHAPTER XI

SECURITY AND SAFETY OF TRAFFIC AND ROAD TRANSPORTATION

Part one

Security of traffic and road transportation

Article 200

The State Police of Republic of Indonesia shall assume the responsibility for the organizing of activities in materializing and maintaining the Road Traffic and Transportation security,

(2) The organizing ... 130

(2)

(3)

(1)

(2)

The organizing of activities as referred to in paragraph (1) shall be conducted by a cooperation between the nurturer(s) of Road Traffic and Transportation and the public,

To materialize and maintain such Road Traffic and Transportation security as referred to in paragraph (1), the following activities shall be conducted: a. composing the national program on Road Traffic

and Transportation security

b. providing and maintaining the facilities and equipment of Road Traffic and Transportation security

c. implementing the education, training, nurturing, elucidation and information on traffic affairs in the context of improving the public law awareness and ethics in traffic affairs

d.

e. f. g.

h.

reviewing the issues of Transportation security

traffic security management

Road Traffic and

regulating, guarding, escorting, andlor patrOlling

registering and identifying the motorized vehicles and drivers; and

enforcing the Traffic law.

Article 201

A public transportation company is required to develop, implement, and improve the security system by referring to the national program on Road Traffic and Transportation security

A public motorized vehicle shall have to be equipped with information supplying device to facilitate the detection of any criminal acts on a motorized vehicle.

ArtIcle 202 ... 131

Article 202

Further provisions on the determination of national program on Road Traffic and Transportation security as referred to in articles 200 and 201 shall be governed by the regulation of the Head of State Police of Republic of Indonesia.

(1 )

(2)

(1 )

Part Two

Safety of Traffic and Road transportation

Article 203

The government shall be responsible for guaranteeing the safety of Traffic and road transportation,

To guarantee the Road Traffic and Transportation safety as referred to in section (1). the gtmeral plan of national Road Traffic and Transportation safety is defined which covers:

a. The composing of national program on Road Traffic and Transportation safety activities

b. The provision and maintenance on facilities and equipment of Road Traffic and Transportation safety

c. The review on issues of Road Traffic and Transportation safety; and

d. Road Traffic and Transportation safety management.

Article 204

A public transportation company is required to develop, implement and improve the safety management system by referring to the national program on Road Traffic and Transportation safety

(2) A pubic " , 132

(2) A public motorized vehicle shall ~ave to ,be equipped with a device which supplies the Information on a Traffic accident to the Control center on Road Traffic and Transportation safety system,

Article 205

Further provisions on the determination of national pro~ram , on Road Traffic and Transportation safety as refer~ed to In artl~le 203 paragraph (2) and the obligations of a Public transporta:,o~

m an to develop, implement, and Improve the ~ e ~an~ge~ent system as well as the requirement o~ a d~vlce to supply information on Traffic accident as refen:ed to In article 204 shall be governed by the governmental regulation.

(1 )

(2)

Part Three

Control on Road Traffic and Transportation

Security and Safety

Article 206

Control on the implementation of Road Transportation security and safety covers:

a, Auditing b. Inspection; and

Observation and monitoring c,

Traffic and

, . d T ffic and Transportation Security as Audiling on, Roa ra h (1) letter a shall be implemented referred to In paragrap , d' ted by the Head of by an independent auditor eSlg~a State Police of Republic of IndoneSia.

(3) Auditing , ' ,

133 F

(3)

(4 )

(5)

(6)

(7)

Auditing on the Road Traffic and Transportation Safety as referred to in paragraph (1) letter a shall be implemented by an independent auditor designated by the Head of State Police of Republic of Indonesia.

An inspection on Road Traffic and Transportation security as referred to in paragraph (1) letter b shall be conducted periodically based on scale of priorities by the Head of State Police of Republic of Indonesia.

An inspection on Road Traffic and Transportation safety as referred to in paragraph (1) letter b shall be conducted periodically based on scale of priorities by each Road Traffic and Transportation nurturer.

Such observation and monitoring as referred to in paragraph (1) letter c are required to be conducted continuously by each Road Traffic and Transportation nurturer.

The results of control as referred to in paragraph (1) shall be followed-up by corrective andlor law enforcement act.

Article 207

Further provisions on the control on Road Traffic and Transportation security and safety as referred to in article 206 paragraph (1) shall be governed by the governmental regulation.

Part Four . .. 134

Part Four

Road Traffic and Transportation Security and Safety Culture

(1 )

(2)

(3)

Article 208

The Nurturers of Road Traffic and Transportation shall be responsible for building and materializing the Road Traffic and TransportRtion security and safety culture.

The efforts to build and materialize such Road Traffic and Transportation security and safety culture as referred to in paragraph (1) shall be implemented by:

a.

b.

c.

d.

e.

the implementation of traffic affairs education since early age,

the socialization and internalization on traffic procedure and ethics as well as Road Traffic and Transportation security and safety program, the granting of awards for any Road Traffic and Transportation security and safety acts, the creation of a Traffic space environment which encourages the road users to behave orderly; and the law enforcement in consistent and sustainable way.

The Nurturers of Road Traffic and Transportation shall define the policies and programs to materialize the security and safety culture in traffic affairs.

CHAPTER XII ... 135

CHAPTER XII

ENVIRONMENTAL IMPACT

Part One

Protection on Road Traffic and Transportation environmental sustainability

(1 )

(2)

Article 209

To guarantee the environmental sustainability, in each Road Traffic and Transportation activity the prevention and handling on living environmental pollution shall be conducted to meet the requirement of environmental quality standard according to the provisions of statutory regulation.

Further provisions on prevention and handling on living environmental pollution in Road Traffic and Transportation sector as referred to in paragraph (1) shall be governed by governmental regulation.

Part Two

Prevention and handling on Road Traffic and Transportation environmental impact

(1 )

(2)

Article 210

Any motorized vehicles operating on the road are required to meet the requirement on exhaust gas emission and noise level threshold,

Further provisions on manners, requirement , handling procedure on exhaust gas emission and noise level threshold caused by such motorized vehicles as referred to in paragraph (1) shall be governed by governmental regulation,

Allele 21 1. .. 136

Article 211

, f otorized vehicle and public Any owner andlor dnver 0 a I ~d to prevent any air pollution transportation compa~y are requ r and noise from occumng,

Article 212

, f a motorized vehicle and public Any owner andlor dnve;e ~eqUired to repair their vehicles when

=ad:s:~:t!~~t~~::~s~ an air pollution and noise occurs,

(1 )

(2)

Part Three

Rights and obligations

Paragraph 1

Government's Obligations

Article 213

, 'red to control road users' The government IS . re~U1 I' , environment

to maintain the IVlng , , :~~~~~~ity in Road Traffic and Transportation activity,

To implement such provision as referred to in paragraph (1) the government is required to: . d a ' Formulate and prepare policie,s, strat~II~~e~~y

, development program of an environ men a n Road Traffic and Transportation , Build and develop an environmental fn~~dly Road

ffi d Transportation faclhtles and Tra IC an b.

infrastructure

c, Conduct , "

137

c.

d.

Conduct the supervision and nurturing on public transportation companies, owners, and/or drivers of motorized vehicles operating on the roads; and Provide correct and accurate information on environment sustainability in Road Traffic and Transportation sector.

Paragraph 2

Rights and obligations of Public transportation companies

(1 )

(2)

a.

b.

c.

d.

Article 214

Public transportation companies are entitled to obtain easiness in the operation of an environmental friendly Traffic and road transportation

Public transportation companies are entitled to obtain information on environment sustainability in Road Traffic and Transportation sector

Article 215

Public transportation companies are required to:

Implement an environmental friendly Road Traffic and Transportation development program as defined by the government

Provide environmental friendly Transportation facilities

Road Traffic and

Provide clear, correct, and honest information on the condition of public transportation services

Provide explanation on the use, repair, and maintenance of public transportation facilities; and

C. Comply ... 138

e.

(1 )

(2)

Comply with living environmental quality standard.

Paragraph 3

Rights and obligations of the public

Article 216

Public are entitled to get an environmental friendly Traffic spaces

Public are entitled to get information on environment sustainability in Road Traffic and Transportation sector.

Article 217

Public are obliged to maintain the environment sustainability

in Road Traffic and Transportation sector

(1 )

(2)

Part Four Administrative Sanctions

Article 218

Any violations on the provisions on environmental impact of Road Traffic and Transportation as referred to in article 211 shall be imposed with administrative sanctions in the form of:

a. b.

written warning

administrative penalty

c. suspension of license; and/or

d. revocation of license.

Further provisions on the criteria and procedure for imposing such administrative sanctions as referred to in paragraph (1) shall be governed by the governmental regulation

CHAPTER XIII ... 139

r

j

CHAPTER XIII

DEVELOPMENT ON INDUSTRY AND TECHNOLOGY OF

ROAD TRAFFIC AND TRANSPORTATIONFACILITIES AND

INFRASTRUCTURE

(1 )

(2)

Part One General

Article 219

The development on industry and technology of Road Traffic and Transportation facilities and infrastructure covers: a. Engineering design and maintenance of motorized

vehicles b, Equipment of law enforcemen c. Vehicle worthiness testing equipment d. Security, safety. orderliness, and smoothness

facilities of Traffic and road transportation e. Registration and identification equipment on

vehicles and drivers f. Technology and information on Traffic and road

transportation g. Educational and training facilities for Road Traffic

and Transportation personnel; and h. Motorized vehicles supportinQ components.

Empowerment on industry and development of Road Traffic and Transportation technology as referred to in section (1) shall be done through: a. the development on research and engineering

design of motorized vehicles b. the development on vehicles and/or motorized

vehicles components standardization c. technology transfer d. the optimum use of local contents

e. The development ... 140

e.

I.

g.

h.

the development on raw materials and components industry the granting of easiness in financing and tax facilities the provision of cooperation facility with similar type industry; andlor the provision of cooperation facility with users' markets both domestic and overseas.

Part Two

Development of motorIzed vehicles engineering design

(1 )

(2)

Article 220

The development on motorized vehicles engineering design as referred to in article 219 paragraph (1) letter a and the development on engineering design research as referred to in paragraph (2) letter a shall be conducted by: a. the govemment b. regIonal governments c. corporate d. research institutions; and/or e. universities

The development on motorized vehicles engineering design as referred to in paragraph (1) must pay attention on: a. the main dimensions and construction of motorized

vehicles b. material suitability c. driving motor suitability d. compatibility of road supporting power e. motorized vehicles' physical shape f. dimensions, construction, positions, and spaces

between seats g. position of lights h. number of seats

i. dimensions ... 141

(3)

i. dimensions and construction of load vessels/volume of tanks

j . motorized vehicles allocation; and k. emergency exit facilities.

The engineering design as referred to in paragraph (2) must obtain legalization from the Minister whose responsibility is in the field of Road Traffic and Transportation facilities and infrastructure.

Article 221

The empowerment on industry and development of Road Traffic and Transportation technology as referred to in article 219 paragraph (2) shall be done by utilizing the national resources, applying the security and safety standard, as well as paying attention on environmental sustainability.

Part Three Development on Industry and technology of Road Traffic

and Transportation Infrastructure

(1 )

(2)

(3)

Article 222

The government Is obliged to develop the Infrastructure industry and technology which guarantee the security, safety, orderliness, and smoothness of Traffic and road transportation

The development on industry and technology of Road Traffic and Transportation infrastructure shall be done in integration with the supports of all related sectors

The development on industry and technology as referred to in paragraph (1) covers the modemization on: a. Road Traffic and Transportation controlling b. Law enforcement

c. Vehicles ... 142

(4)

(5)

(1 )

(2)

c. Vehicles worthiness testing II th d. Security, safety, orderliness, as Wt~ as e

smoothness of traffic and road transporta Ion e. Road Traffic and Transportation monitori~9 . f. Motorized vehicles and drivers registration and

identification . g. Road Traffic and Transportation informatton and

communication system; and h. Drivers andlor passengers safety, facilities.

The industry and technology development method covers: a. Technological comprehension b. Technology transfer; and c. Technology research facilitation

The development on industry and tec~no~ogy as referred to in section (3) must obtain the legalization from related

instances.

Part Four Empowerment on Road Traffic and Transportation

Infrastructure industry Article 223

To develop the Road Traffic and Transportation infrastructure industry as referred to in article 222 paragraph (2), the govemment encourages the empowerment of domestic industry

To encourage the development of domestic Industry as referred to in paragraph (1), it shall be done by granting of faciiities, incentives to specifiC sectors, an~ applYI~9 the standard on Road Traffic and Transportation equipment

products.

Article 224 ...

143

,

(1 )

(2)

Article 224

The development on Road Traffic and Transportation Infrastructure industry consists at: a. Engineering b. Production c. Assembling; andlor d. Maintenance and repair

The development on Road Traffic and Transportation infrastructure industry includes technology transfer which shall be adjusled 10 local wisdom

Part Five Further arrangements

Article 225

Further provisions on the development of Road Traffic and Transportation Infrastructure industry shall be governed by the governmental regulation.

(1 )

(2)

CHAPTER XIV TRAFFIC ACCIDENT

Part One The traffic accident prevention

Article 226

The prevention on traffic accident shall be implemented through: a. The participation of stakeholders b. People empowerment c. Law enforcement; and d. Global partnership.

Traffic accident prevention as referred to in section (1) shall be done on phase by phase pattern which covers: short-term, middle-term, and long-term programs.

(3) The composing ... 144

(3) The composing of Traffic Accident prevention program shall be done by Road Traffic and Transportation forum under the coordination with the State Police of Republic of Indonesia.

Part Two

Traffic Accident Handling

Paragraph 1

Traffic Accident Handling Procedure

Article 227

In the event of a traffic accident, officers of State Police of Republic of Indonesia are obliged to handle such traffic accident by way of: 8. coming to the Incident scene Immediately b. helping the victims c. taking the first action at the incident scene d. proceSSing the crime scene B. controlling the traffic flow f. securing the evidences: and g. doing the case Investlgallon.

Article 228

Further provisions on traffic accident handling procedure shall be governed by Ihe regulalion of the Chief of State Police of Republic of Indonesia.

(1 )

Paragraph 2 Classification and Handling on traffic accident cases

Article 229

Traffic accidents are classified in: a. Minor traffic accidents

b. moderate . . . 145

(2)

b. Moderate traffic accidents; or c. Major traffic accidents

Minor tr~ffic accidents as referred to in paragraph (1) letter a constitutes an accident which causes damage to vehicles and/or goods,

(3) Moderate traffic accidents as referred to in paragraph (1) letter b constitutes an accident which causes minor injuries and damage to vehicles and/or goods,

(4) Major tr:affic accidents as referred to in paragraph (1) letter c constitutes an accident which causes death or serious injury to the victims,

(5) Such traffic accidents as referred to in paragraph (1) can also be .caused by the negligence of road users, vehicles unworthiness as well as roads and/or environment unworthiness.

Article 230

Such Traffic accident cases as referred to in article 229 paragraphs (2), (3),and (4) shall be processed by criminal justice proceedings accordmg to the provisions of statutory regulation.

(1 )

Paragraph 3 Help and treatment on victims

Article 231

A motorized vehicle driver who is involved in a Traffic accident is obliged to: a, Stop the vehicles that he/she rides b. Give help to the victim(s) c. Report the accident to the nearest office of the

State police of the republic of Indonesia; and d. Give statements In respect of the traffic accident

(2) A motorized ... 146

(2) A motorized vehicle driver who, due to a compelling situation can not comply with those provisions as referred in paragraph (1) letters a and b shall have to report him/herself to the nearest office of the State Police of Republic of Indonesia.

Article 232

Anyone who hears, sees, and knows the occurrence of a traffic accident is obliged to: a. Give help to the victim(s) of such traffic accident b. Report such traffic accident to the office of the State police

of the republic of Indonesia; and/or c. Give statements to the State police of the republic of

Indonesia.

(1 )

(2)

(3)

(4)

Paragraph 4 Traffic accident data recording

Article 233

Any accident must be recorded in a Traffic accident data form,

Such data of traffic accident as referred to in paragraph (1) constitutes part of forensic data,

Such data of traffic accident as referred to in paragraph (1) must be complemented with data obtained from the hospital,

Such data of traffic accident as referred to in paragraph (1) shall be managed by the State police of the republic of Indonesia and can be utilized by the nurturer(s) of Traffic and road transportation.

Part Three ... 147

Part Three Obligations and responsibilities

Paragraph 1

Obligations and responsibilities of drivers, motorized vehicles owners, and/or transportation companies.

(1 )

(2)

(3)

(1 )

Article 234

Drivers, motorized vehicles owners, andlor public transportation companies shall assume the responsibility for any losses suffered by passengers andlor goods owners andlor third parties caused by the drivers' negligence,

A driver, motorized vehicle owner, andlor public transportation company shall be responsible for any damage to roads andlor road equipment which is caused by the negligence or fault of such driver,

Such provisions as referred to in paragraphs (1) and (2) shall not apply when: a. There is a compelling situation unavoidable by or

beyond the control of the driver. b. It is caused by the victim's or third party's own

behavior; andlor C. It is caused by a movement of an individual and/or

animal although it has been taken a preventive action.

Article 235

If the victim(s) passed away due to such traffic accident as referred to in article 229 paragraph (1) letter c, then the driver, owner, and/or public transportation company are obliged to give an aid to the victim(s)' heirs in the form of medication costs and/or funeral costs by not discharging their claim on criminal case,

(2) II ... 148

If an injury on the victim(s)' body or health ~u~ caused by such traffic accident as referred to In article 229 paragraph (1) letters band c, then the dri.ver, own.er, and/or public transportation company are obliged to give an aid to the victim(s) in the form of medication costs by not discharging hislher claim on criminal case.

Article 236

The party causing the occurrence of such traffic accident as referred to In article 229 Is obliged to pay some compensation which amount shall be defined by court's

judgment,

The obligation to pay such compensation as referred to in paragraph (1) in a traffic accident as referred to in article 229 paragraph (2) can be fulfilled outside the court when there is a peaceful consensus among the parties involved.

Article 237

Public transportation companies are obliged to participat~ in an accident insurance program as the proof of their responsibility on the Insurance warranty for accident victims.

Public transportation companies are obliged to cover the insurance for those persons employed as the vehicles

crew.

Paragraph 2 Government's obligations and responsibilities

Article 238

The government shall provide and/or improve the traffic arrangements, facilities, and infrastructure which become the cause of an accident.

(2) The governmenl ..

149

(2) The government shall provide funds allocation for the prevention and handling on traffic accidents.

(1 )

(2)

Article 239

The government shall develop a Road Traffic and Transportation accidents insurance program.

The government shall establish a Road Traffic and Transportation accidents insurance company according to the statutory regulation.

Part Four

Victim(s)' rights

Article 240

A traffic accident victim is entitled to receive: a. Help and treatment from those parties responsible for the

occurrence, of a traffic accident and/or the govemment. compensation from those parties responsible for the Occurrence of a traffic accident; and/or traffic accident compensation from insurance company.

b.

c.

Article 241

Any Traffic a.cc~dent victims are entitled to receive first aid and treat.~ent pnonty at the nearest hospital according to the prOVIsions of statutory regulation.

CHAPTER XV ... 150

CHAPTER XV

SPECIAL TREATMENT FOR DISABLED, OLD AGE PEOPLE,

CHILDREN, PREGNANT WOMEN, AND SICK PEOPLE

Part One

(1 )

(2)

(3)

Scope of Special Treatment

Article 242

The government, regional governments, and/or pubHc transportation companies are required to provide special treatment in Road Traffic and Transportation sector to the disabled, old age people, children. pregnant women, and sick people,

Such special treatment , as referred to in section (1) covers: a. accessibility b. service priority; and c. service facilities

Further provisions on special treatment in Road Traffic and Transportation sector to the disabled, old age people, children, pregnant women, and sick people shall be governed by the governmental regulation.

Article 243

Public in groups may file a lawsuit to the government and/or regional governments on the fulfillment of such special treatment as referred to in article 242 according to the provisions of statutory regulation.

Part Two . ..

151

I

(1 )

Part Two Administrative Sanctions

Article 244

An~ p~blic transportation companies who do not fulfill th ~bll~~tlon to provide service facilities and infrastructure t~

e I.sabled, old age people, children, pregnant women and SIC~ people as. referred to in article 242 paragraph l' ~n be Imposed with administrative sanctions in the fO~ a. written warning

b. administrative penalty

c. suspension of license; and/or d. revocation of license.

(2) :urth~r provisions on the criteria and procedure for Imposing such administrative sanctions as referred to in paragr~ph (1) shall be governed by the govemmenlal regulation.

(1 )

CHAPTER XVI

ROAD TRAFFIC AND TRANSPORTATIONINFORMATION

AND COMMUNCATION SYSTEM

Part One

Information and communication system organization

Article 245

;~oo~~~~~: t~eT sffjecurity, safety, orderliness, and o ra IC and road transportal'

integr~ted information and communication sys'Ote"' ~n organized. m IS

152 (2) The organization ...

(3)

The organization of a Road Traffic and Transportation information and communication system shall be implemented by the government, provincial governments, and regency/municipality govemment based on the provisions of statutory regulation.

Such Road Traffic and Transportation information and communication system as referred to in paragraph (1) shall be used for planning, arrangement, control and supervision activities as well as Road Traffic and Transportation operation which cover:

a. Road Infrastructure sector

b.

c.

Road Traffic and Transportation facilities and infrastructure sector; and

Motorized vehicles and drivers registration and identification sector, law enforcement. traffic management and engineering operation, as well as education on traffic affairs.

Article 246

Such Road Traffic and Transportation information and communication system as referred to in article 245 paragraph (2) constitutes a subsystem in the Road Traffic and Transportation information and communication system.

Such integrated Road Traffic and Transportation information and communication system as referred to in section (1) shall be controlled by a control center which integrates the data, information, and communication from each subsystem.

Data, information, and communication as referred to In paragraph (2) must be accessible by each nurturer of Traffic and road transportation.

Part Two ... 153

(1 )

(2)

(3)

Part Two

Infonnation and communication system management

Article 247

In materializjng such Road Traffic and Transportation information and communication system as referred to in article 246 paragraph (1) each Road Traffic and Transportation nurturer is obliged to manage a Road Traffic and Transportation information and communication subsystem according to its authority,

An information and communication subsystem developed by each Road Traffic and Transportation nurturer is integrated into the control center of Road Traffic and Transportation Information and communication system,

Such control center as referred to in paragraph (2) shall be managed by the State Police of Republic of Indonesia.

Part Three

Development of Information and communication system

(1 )

(2)

Article 248

To fulfill the main duties and functions of various stakeholders, a Road Traffic and Transportation information and communication system is developed which covers a structured system, information network, communication network, and data center,

The structured system, information network, communication network, and data center cover: a. Planning

b, Policy formulation

c. Monitoring ... 154

(1)

(2)

c. Monitoring

d. SupeNislon

e. Control

f. Geographical information

g. Tracking down

h. Road users information

i. T rafflc flow detection j . Identification on motorized vehicles licenses; andlor

k. The identification on motorized vehicles in traffic spaces.

Part Four

Information and communication system control center

Artlcte 249

The Road Traffic and Transportation information and communication system control center shall function as the center of:

a. Control

b. Coordination

c. Communication

d. Integrated data and information

e. Public seNiee; and

f. Electronic track records for law enforcement purpose.

The management on such Road Traffic and Transportation Information and communication system control center as referred to in sectIon (1) is intended to materialize a secure, safe, orderly, smooth and integrated Road Traffic and Transportation seNice.

(3) The Road ... 155

(3) The Road Traffic and Transportation information and communication system control center activities cover at least:

a. The data, information, and communication requirement service on Traffic and road transportation

b. Qui~k action support on violations, traffic jams, and accidents as well as other incidents impacting the traffic and road transportation

c. Analysis, evaluation on violations, traffic jams, and traffic accidents

d. Law enforcement support by electronic devices and by direct action

e. Service support for Driving license, Motorized Vehicle license. and Motorized Vehicle owner's book

f. Supply of information on lost and found of motorized vehicles

g. Supply of Information on air quality standard

h. Traffic. control support by arrangement, guarding, escorting, and patrol

i. Traffic and load transportation movement control support; and

j. Supply of information on road condition and public service.

Article 250

Data a~d information at Road Traffic and Transportation Information and communication system control center must be accessible and usable by the public.

Article 251

The Road Traffic and Transportation information and communication system is usable for law enforcement which covers:

a. Investigation ... 156

a.

b.

c.

Investigation and police investigation on Road Traffic and Transportation criminal acts or other crimes

Accident, violation, and traffic jam handling act by the State Police of Republic of Indonesia

Pursuit, ambush, arrest, and measure takings on any wrongdoers and/or vehicles involved in a crime or traffic violation.

Part Five

Further Arrangements

Article 252

Further provisions on Road Traffic and Transportation information and communication system shall be governed by the governmental regulation.

(1 )

(2)

CHAPTER XVII

HUMAN RESOURCES

Article 253

Road Traffic and Transportation nurturers are required to develop human resources to generate professional officers who have the competency in Road Traffic and Transportation field.

The development on human resources in Road Traffic and Transportalion field as referred to in paragraph (1) shall be conducted through education and training by:

a. The government b. The State Police of Republic of Indonesia; and/or

c. Accredited private institutions.

Article 254 .. .

157

(1 )

(2)

Article 254

The government and regional governments arB required to provide the service and facilities as well as guaranteeing the implementation of education and training for mechanic and drivers.

The government and regional governments arB required to conduct the nurturing on public transportation companies management to improve their quality of service. security, safety, orderliness, and smoothness of Traffic and road transportation.

Article 255

Further provisions on the development of human resources In Road Traffic and Transportation sector shall be governed by the governmental regulation

(1 )

(2)

CHAPTER XVIII

PUBLIC PARTICIPATION

Article 256

Public are entitled to participate in the implementation of traffic and road transportation.

Such public participation as referred to in section (1) takes the form of:

8 . The monitoring and keeping of Transportation security, safety, smoothness

158

Road Traffic and orderliness, and

b. Inputs . ..

(3)

b. Inputs to Road Traffic and Transportatlo~ nurturing and organizing instances at central and regIonal levels in the improvement of regulation, guidance, and technical standard in Road Traffic and Transportation sector

c. Opinions and considerations for Road Traffic and Transportation nurturing and organizing instances at central and regional levels on the Road Traffic and Transportation implementing activities which cause environmental impacts; and

d. Support to the implementation of traffic and road transportation

The government andlor regional governments shall consider and follow~up such inputs, opinions, and/or support provided by the public as referred to in paragraph

(2).

Article 257

Public participation as referred to In article 256 can be done individually, in groups, professional organizations, corporate or other community organizations according to openness and partnership principles.

Article 258

Public are obliged to participate in the maintenance of road facilities and infrastructure, development of discipline and ethics in traffic affairs, and !1articipate in keeping the security, safety, orderliness, and smoothness of traffic and road transportation.

CHAPTER XIX . ..

159

(1 )

(2)

(1 )

CHAPTER XIX

INVESTIGATION AND MEASURE TAKING ON ROAD TRAFFIC AND TRANSPORTATION VIOLATIONS

Part One

Investigation

Article 259

~~~eSs~~~~~n;~dU~~:~ :;affiC and Transportation criminal

a. Investig~tors of the State POlice of Rep bl ' Indonesia U Ie of

b. ;~~~~tyC~~d~~~~~tLjnvestigators assigned the special aw.

:~V~~~g:~::ffiO: !~~ ~~:~es p::~ of Republic of Indonesia

Paragraph (1) I tt p tlon sector as referred 10 in e er a consist of:

a. Investigator; and

b. ASSisting investigators.

Paragraph 1

Authority of State Police of Republic of Indonesia Investigators

Article 260

In the measure taking on . I r lovesti,gation, the investjgato~'~r :~~SSt~~: ~~:na~ ~ct ~~~~~~I ~!wl~~~eSla, besides those provided i~ th: of Indonesia in ~o~nd Law on State Police of Republic have the authority of: d Traffic and Transportation sector

160 a. Terminating ...

(2)

a.

b.

c.

d.

e.

f.

g.

h.

i.

Terminating, prohibiting or suspending the operation and temporarily seizing any motorized vehicles appropriately alleged to violate the regulation on traffic affairs or be a mean andlor result of a criminal act

Doing an examination on the truth of any statements pertaining to the investigation on a criminal act in Road Traffic and Transportation sector Taking statements from drivers, motorized vehicles owners, andlor public transportation companies Doing the seize on Driving licenses, motorized vehicles, cargo, motorized Vehicle licenses, motor vehicle trial certificates, andlor test passing certificates as evidences Taking measures on any traffic violations or criminal acts according to the provisions of statutory regulation

Making and signing minutes of examinations Ceasing the investigation when there is no sufficient evidences Doing detainment in respect of a traffic criminal act; andlor Taking other actions under the law responsibly.

The Implementation of such actions on violations and the investigation on criminal acts as referred to in paragraph (1) shall be done under the provisions of slatutory regulation.

Article 261 ... 161

Article 261

Such assisting investigators as referred to in article 259 paragraph (2) letter b have such authority as referred to in article 260 paragraph (1), except for the detainment as referred to in article 260 paragraph (1) letter h that must be granted by a delegation of authority from the investigators of the State Police of Republic of Indonesia in Road Traffic and Transportation sector.

(1 )

Paragraph 2

Authority of civil servant investigators

Article 262

Civil servant investigators as referred to in article 259 paragraph (1) letter b have the authority to:

a. Do the examination on any technical requirement violations and motorized vehicles road worthiness which needs special expertise and equipment to prove,

b. Do the examination on any violations to licenses of people andlor goods transportation by public motorized vehicles,

c. Do the examination on any violations to the cargo andlor dimensions of motorized vehicles at a place where a permanent weighing device is installed,

d.

e.

Prohibit or suspend the operation of any motorized vehicles not fulfilling technical requirements and road worthiness, Take statements from drivers, owners of motorized vehicles, or public transportation companies on any violations to technical requirements and road worthiness, motorized vehicles tests and licenses; andlor

f. 00 ... 162

(2)

(3)

f. Do the seize on test passing certificates andlor public transportation business licenses for such violations as referred to in letters a, b, and c by making and signing minutes of examinations

Such authority of Civil servant investigators as referred to in paragraph (1) shall be implemented at terminals andlor places where permanent weighing devices are installed,

In the event such authority as referred to in paragraph (1) is implemented on roads, civil servant investigato~ are required to coordinate with and must be accompanied by the officers of State Police of Republic of Indonesia.

Paragraph 3

Coordination and Supervision on Civil Servant Investigators

(1 )

(2)

(3)

(4 )

Article 263

The investigators of State Police of Republic of Indonesia, as coordinators and supervisors, shall conduct the nurturing and supervision on civil servant Investigators in Road Traffic and Transportation sector.

In implementing their authority, civil servant investigators are required to coordinate with the investigators of State Police of Repu~lic of Indonesia.

Such civil servant investigators as referred to in paragraph (1) are required to submit the case files resulting fr?m investigations on any Road Traffic and Transportation violations along with the evidences to the court through the investigators of State Police of Republic of Indonesia.

The provisions on nurturing and supervision as referred to in paragraph (1) shall be conducted according to the provisions of legislation.

Part Two ...

163

Part Two

Measure Takings on Road Traffic and Transportation Violations

Paragraph 1

Examinations on motorized vehicles on roads

Article 264

Examinations on motorized vehicles on the roads shall be done by: a. b.

(1 )

(2)

(3)

Officers of State Police of Republic of Indonesia, Civil servant investigators in Road Traffic and Transportation sector.

Article 265

Such Examinations on motorized vehicles on the roads as referred to in article 264 COver the examination on: a. Dri~ing Ii~nse, motorized Vehicle license. motor

vehl~le t~al certificate, plate number, or motorized Vehicle tnal number

b. Test passing certificate for test obliged vehicles c. Motorized vehicles physical condition

d. Load capacity andlor cargo carrying method; andlor B. Transportation business license

Such examinations on motorized vehicles on the roads as referred to In paragraph (1) can be implemented periodIcally or IncIdentally as required,

To conduct examinations on motorized vehicles as referred to In paragraph (1), officers of the state pOlice of the republic of Indonesia have the authority to: a. Stop the motorized vehicles

b. take ... 164

(1 )

(2)

(3)

(4)

b. Take statements from the drivers; and/or c. Take other actions by law responsibly

Article 266

Such examinations on motorized vehicles on the roads as referred to in article 265 paragraph (1) can be implemented incidentally by the officers of State Police of Republic of Indonesia,

Such examinations on motorized vehicles on the roads as referred to in article 265 paragraph (1) letters b to c can be implemented inCidentally by the civil servant investigators,

Such periodic examinations on motorized vehicles on the roads as referred to In article 265 paragraph (2) in certain circumstances can be done jointly by the officers of State Police of Republic of Indonesia and civil servant investigators,

Civil servant Investigators in conducting such examinations on motorized vehicles on the roads as referred to in paragraph (2) must be accompanied by the officers of State Police of Republic of indonesia.

Paragraph 2

Procedure of measuring takings on Road Traffic and Transportation violations

Article 267

(1) Any violations in Road Traffic and Transportation sector examined under fast examination proceedings can be imposed penalty based on the court's judgment.

(2) Such ... 165

(2)

(3)

(4)

(5)

(1 )

(2)

(1 )

(2)

Such quick examination proceedings as referred to in paragraph (1) can be conducted without the violators' presence.

Any violators unable to be present as referred to in section (2) may consign such penalty at the bank appointed by the government.

The amount of penalty consigned at such bank as referred to in paragraph (3) can be as much as the maximum penalty imposed on each Road Traffic and Transportation violation.

The slip of penalty fee consignment must be enclosed in the files of violation evidence.

Article 268

In the event that court's decision determined a penalty amount of less than the penalty fee consigned, the remaining penalty fee must be notified to the violator to recollect.

Such remaining penalty fee as referred to in section (1) which is not recollected within 1 (one) year since the court's judgment shall be deposited to the state treasury.

Article 269

Such penalty fee determined by the court as referred to in article 267 paragraph (1) shall be deposited to the state treasury as non-tax state revenue.

Part of such non-tax state revenue as referred to in section (1) shall be allocated as incentive for the officers of those State Police of Republic ':If Indonesia and civil servant investigators who implement the law enforcement on roads which is conducted under the provisions of statutory regulation.

Part Three .. . 166

(1 )

(2)

(3)

(4)

(1 )

(2)

(3)

Part Three

Seized objects handling

Article 270

The investigators of State Police of Republic of Indonesia have the authority to conduct seizure, storag~, . and consignment of such seized objects allegedly pertaining to any Road Traffic and Transportation criminal acts,

Any seized objects shall be stored at the house of state seized objects,

In case there is no house of state seized objects at the concerned place yet, then the storage of such s~ized objects can be conducted at the offices of ~tate Police of Republic of Indonesia, at regency prosecution offices, at district court, and in compelling situations at other sto~age places, or remain at the original place where such objects are seized,

The procedure of seizing, storing, and consigning of such seized objects as referred to in paragraph (1) shall be done according to the provisions of Criminal Law Code.

Article 271

Investigators are required to identify ~nd announce such motorized Vehicle seized objects which owners are not known yet through mass media

The announcement as referred to in paragraph (1) shall mention the characteristics of motorized vehicles, the storage places, and seizure date,

Such announcement as referred to in paragraph (1) must be made at least 1 (once) in 6 (six) months,

(4) Such ... 167

(4)

(1)

(2)

(1 )

(2)

Such motorized vehicle seized b' t paragraph (1) afte h . 0 Jec s as referred to In not known at the' o!Vlng passed 1 (one) year period and based on coYurt's . d ners can be auctioned for the state

JU 9ment.

Article 272

~~a~UP~~~he me;sure taking activities on violations in equipment cacn b:"useJransportatiOIJ sector, electronic

The results of such el t · . to in paragraph (1) ca ecbronlc eQurpm~nt use as referred court. n e used as eVidences before the

CHAPTER XX

CRIMINAL PROVISIONS

Article 273

Any Road organizer who d . . appropriately repair damaged ~oa~~t w'~c~edlateIY and traffic accidents as re~ d . cause such resulting In minor inj~~:s ~n~ arti~'e 24 paragraph (1) andlor goods h II b or amage to vehicles maximum pe~O: ot" t'(":s~ed with imprisonment al the maximum amount of RS

x months or penalty at the rupiah). p 12,000,000 (twelve million

~~~~gev~~~~~~t ~u~h. acts as referred to in section (1)

punished with imp~i~:~nt t:~ th wrong~oer(s) s~au be (one) year or penalty at the m: ~axlmum penod of 1 24,000,000 (twenty-four million ruPi;~)um amount of Rp

168 (3) In ...

(3)

(4)

(1 )

(1)

(1 )

In the event that such acts as referred to in paragraph (1) causing death to others, the wrongdoer(s) shall be punished with Imprisonment at the maximum period of 5 (five) years or penalty at the maximum amount of Rp 120,000,000 (one hundred and twenty million rupiah).

Any Road organizer who do not post any marks or signs on such damaged roads and not repaired yet as referred to in article 24 paragraph (2) shall be punished with imprisonment at the maximum period of 6 (six) months or penalty at the maximum amount of Rp 1,500,000 (one and a half million rupiah) .

Article 274

Anyone who committed an act that caused a damage and/or disturbance to road functions as referred to in article 28 paragraph (1) shall be punished with imprisonment at the maximum period of 1 (one) year or penalty at the maximum amount of Rp 24,000,000 (twenty-four million rupiah).

Such provisions of punishment threat as referred to in paragraph (1) shall also apply on anyone who committed any act causing disturbances to road functions as referred to in article 28 paragraph (2).

Artlcl.275

Anyone who committed an act that caused a disturbance to the functions of traffic signs, road marks. traffic signaling devices. pedestrians' facility. and road users' safety equipment as referred to In article 28 paragraph (1) shall be punished with Imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred thousand rupiah).

(2) Anyone . . . 169

(2) Anyone who damaged traffic signs, road marks, traffic signaling devices, pedestrians' facility. and road users' safety equipment whIch made it failing to function as referred to in article 28 paragraph (2) shall be punished with imprisonment at the maximum period of 2 (two) years or penalty at the maximum amount of Rp 50,000,000 (fifty million rupiah).

Article 276

Anyone driving a public motorized vehicle in trajectories who did not call in at the terminal as referred to in article 36 shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred thousand rupiah).

Article 277

Anyone who imported motorized vehicles. coach trailers, and attached coaches into the Republic of Indonesia territory, manufactured, assembled, or modified any motorized vehicles causing some changes on type, coach trailers, attached coaches, special vehicles operated domestically which do not fulfill the obligations of type testing as referred to in article 50 paragraph (1) shall be punished with imprisonment at the maximum period of 1 (one) year or penalty at the maximum amount of Rp 24,000,000 (twenty-four million rupiah).

Article 278

Anyone who drives a four or more wheeled motorized Vehicle on the road which is not equipped with equipment such as reserve tire. safety triangle, jack, wheel opener, and first aid kit on accident as referred to In article 57 paragraph (3) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 279 ... 170

Article 279

Anyone who drives a motorized vehicle on the road which is equipped with such equipment that can disturb traffic safety as referred to in article 58 shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah) .

Article 280

Anyone who drives a motorized vehicle on the road which is not equipped with the plate number designated by the State Police of Republic of Indonesia as referred to in article 68 paragraph (1) shall be punished with Imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Article 281

Anyone driving a motorized vehicle on the road who has not a driving license as referred to in article 77 paragraph (1) shall be punished with imprisonment at the maximum period of 4 (four) months or penalty at the maximum amount of Rp 1,000,000 (one million rupiah).

Article 282

Any road user who does not obey the order given by an officer of the State Police of Republic of Indonesia as referred to in article 104 paragraph (3) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 283 ... 171

Article 283

Anyone w~o drives a motorized vehicle abnormally on the road and commIts othe~ activities or being affected by a circumstance which causes a disturbance to driving concentration on road as refe':fed to in article 106 paragraph (1) shall be punished with impnsonment at the maximum period of 3 (three) months or penalty at the maximum amount of Rp 750,000 (seven hundred and fifty thousand rupiah).

Articte 284

Anyone, w~o drives a motorized vehicle by not prioritizing pedestnans safety or bicyclers as refarred to article 106 para.graph (2) shall be punished with imprisonment at the maXimum penod of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Article 285

(1) Anyone driving a motorcycle on the road which does not meet . the technical requirement and road worthiness ~ve~ng ~jde mirrors, hom, head/amp, brake lamp, dIrection hg~t, light renecting device, speedometer, muffler, and tire thread depth as referred to in article 106 paragraph (31 juncto . articte 48 paragraphs (2) and (3) sh~1I be punished WIth Imprisonment at the maximum penod of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(2) Anyone . .. 172

(2) Anyone driving a four or more wheeled motorized Vehicle on the road which does not meet the technical requirement covering side mirrors, hom, headlamp, retreat lamp, lights Indicating the limits of vehicle's body, traile~s lamp, brake lamp, direction light, light reflecting device, speedometer, tire thread depth, front glasses, wheel spoke, bumper, alignment, attachment, or glass wipers as referred to in article 106 paragraph (3) juncto article 48 paragraph (2) shall be punIshed with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Article 286

Anyone driving a four or more wheeled Motorized Vehicle on the road which does not meet the road worthiness requirement as referred to in article 106 paragraph (3) juncto article 48 paragraph (3) shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp SOD,OOO (five hundred thousand rupiah) .

Article 287

(1) Anyone driving a motorized vehide on the road who violates any instructing or prohibiting directives stated by traffic signs as referred to in article 106 paragraph (4) letter a or road marks as referred to in article 106 paragraph (4) letter b shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

(2) Anyone ... 173

(2)

(3)

(4)

(5)

Anyone driving a motorized vehicle on the road who violates any instructing or prohibiting directives stated by traffic signs as referred to in article 106 paragraph (4) letter a or road marks as referred to in article 106 paragraph (4) letter b shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Anyone driving a motorized vehicle on the road who violates any traffic movement rules as referred to in article 106 paragraph (4) letter d or stopping and parking procedure as referred to in article 106 paragraph (4) letter e shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Anyone driving a motorized vehicle on the road who violates provisions on the use or main privileges of motorized vehicles using a warning device with sound and beam as referred to in articles 59, 106 paragraph (4) letter f, or article 134 shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250.000 (two hundred and fifty thousand rupiah).

Anyone driving a motorized vehicle on the road who violates the maximum or minimum speed rules as referred to in article 106 paragraph (4) letter g or article 115 letter a shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

(6) Anyone ... 174

(6)

(1 )

(2)

(3)

Anyone driving a motoriz.ed vehicle ~n the road who violates the rules of aligning and attaching procedure as referred to in articte 106 paragraph (4) letter h shall be punished with imprisonment at the maximum penod of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Artlcte 288

Anyone driving a motorized vehicle on the road whi~ is not equipped with Motorized Vehicle license or Mot~nzed Vehicle trial certificate designated by t~e State pohce of Republic of Indonesia as referred ,to ~rtlcl~ 106 paragraph (5) letter a shall be punished With Imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand

rupiah).

Anyone driving a motorized vehicle on the road ~ho fails to show a valid driving license as referr~d ~o a~cle 106 paragraph (5) letter b shall be punished With Impnsonment at the maximum period of 1 (one) month andlor penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Anyone who drives a public passengers car, ~us, ,cargo truck, coach trailer, and attached ?Oach Which IS. n~t equipped with a periodic trial certificate and penodlc passing test certificate as referred to article 106 paragraph (5) letter c shall be punished with imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand

rupiah).

Article 289 . . .

175

Article 289

Anyone driving a motorized vehicle or a passenger sitting beside the driver who does not wear the safety belt as referred to article 106 paragraph (6) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 290

Anyone who drives and rides any motorized vehicles other than motorcycle which is not equipped with casings and do not wear safety belt and helmet as referred to article 106 paragraph (7) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 291

(1) Anyone driving a motorcycle who does not wear the national standard helmet as referred to article 106 paragraph (8) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(2) Anyone driving a motorcycle who let hislher rider not wear the helmet as referred to article 106 paragraph (8) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 292 , , . 176

Article 292

Anyone who drives a motorcycle without a side wagon which carries more than 1 (one) passenger as referred to article 106 paragraph (9) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the m~xlmum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

(1 )

(2)

Article 293

Anyone who drives a motorized vehicle on the road without switching on the head lamp at night and in certain condition as referred to article 107 paragraph (1) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Anyone who drives a motorcycle on the road with,out switching on the head lamp at daylight ~s r~ferr~d to article 107 paragraph (2) shall be punished With Impnsonment at the maximum period of 15 (fifteen) days or penatty at the maximum amount of Rp 100,000 (one hundred thousand

rupiah).

Article 294

Anyone driving a motorized vehicle who wil~ tu~ o~ ~ke ,an opposite direction, without giving a sign ,by direction Indlcattng lamp or hand signal as referred to In article 112 paragraph (1) shall be punished with imprisonment at the maximum penod of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 295 ...

177

Article 295

Anyone driving a motorized vehicle who will move to another lane or move sideway without giving a sign as referred to in article 112 paragraph (2) shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 296

Anyone driving a motorized vehicle at a cross between the train and road who does not stop when the signal has been sounded, the railroad portal starts to close down, andlor there is another signal as referred to In article 114 letter a shall be punished with imprisonment at the maximum period of 3 (three) months or penalty at the maximum amount of Rp 750,000 (seven hundred and fifty thousand rupiah).

Article 297

Anyone driving a motorized vehicle who races on the road as referred to in article 115 letter b shall be punished with Imprisonment at the maximum period of 1 (one) year or penalty at the maximum amount of Rp 3,000,000 (three million rupiah).

Article 298

Anyone driving a motorized vehicle who does not post safety triangle, danger warning sign, or another signal when stops or being par1<:ed in an emergency situation on the road as referred to in article 121 paragraph (1) shall be punished with Imprisonment at the maximum period of 2 (two) months or penalty at the maximum amount of Rp 500,000 (five hundred thousand rupiah).

Article 299 ... 178

Article 299

Anyone driving a non- motorized vehicle w~o deliberat~ly holds onto a motorized vehicle to be pulled, pulling such objects that can harm other road users, and/or use a vehicle road lane ~s referred to in article 122 letters a, b, or c shall be punished with imprisonment at the Maximum period of 15 (fifteen) days or penalty at the maximum amount of Rp 100,000 (one hundred thousand rupiah).

Article 300

The punishment of imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah) shall be imposed on any drivers of public motorized vehicles who:

Do not use the designated lane or do not use the most left a. lane, unless they are about to surpass or change direction

as referred to in article 124 paragraph (1) letter c,

b.

c.

Do not stop their vehicles while picking and/or dropping passengers as referred to in article 124 paragraph (1) letter d; or Do not close the vehicles' doors while those vehicles are on the run as referred to in article 124 paragraph (1) letter

e.

Article 301

Anyone driving a cargo forwarding motorized vehicle who does not use the road networks according to the designated road classification as referred to In article 125 shall be punished with Imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah) .

Article 302 ...

179

-

Article 302

Anyone driving a public motorized vehicle of passenger transportation who does not stop other than those designated places, waiting for passengers, dropping passengers other than at shelter, or passing through road networks other than those designated in the trajectory license as referred to in article 126 shall be punished with imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 303

Anyone who drives a cargo car to cany people except for such reasons as referred to In article 137 paragraph (4) letters a, b, C shall be punished with Imprisonment at the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

Article 304

Anyone driving a passenger transportation vehicle with certain destination who picks or drops other passengers along the way or uses a transportation vehicle not suitable with transportation vehicle for other purposes as referred to In Article 153 paragraph (1) shall be punished wilh imprisonment al the maximum period of 1 (one) month or penalty at the maximum amount of Rp 250,000 (two hundred and fifty thousand rupiah).

ArtlcIe 305 ... 180

Article 305

. d vehicle which carries specific goods Anyone driving a motonze .. ns on safety requirement, goods

d ot meet the provlslo . t· and who oes n . I d' g operational Ime marking. pa~ing , loading and i~~t~~~ns ~s referred to in arti~le recommendations from related d e or f shall be punished With 162 paragraph (1) letters a, b, c, . 'd f 2 (two) months or penalty imprisonment at the maximum pe~o ~oo (five hundred thousand at the maximum amount of Rp • rupiah).

Article 306

d' hlcle which is not equipped Anyone driving a cargo forwar I~g v: referred to in article 168 with cargo and travel docum~nh s d

a with imprisonment at the

para.graph (1) shall bt n~):o~h or penalty at the maximum maximum penod °OfOOl (~O hundred and fifty thousand rupiah). amount of Rp 250,

Article 307

' I f cargo public transportation Anyone driving a motori~ed vehl~~vfsions on loading procedure, who does not comply WIth the Pf h'cle as referred to in article

. c'ty dimensions 0 ve , t th carrying capa I , . hed with imprisonment a e 169 paragraph (1) shall be) PUnithS s or penalty at the maximum

. period of 2 {two mon . ~~~I:~~f Rp 500,000 (five hundred thousand rupiah).

Article 308

, t aximum period of 2 (two) Punishment of Imprisonment. a m amount of Rp 500,000 (five months or penalty at t~e m) a~~~~ imposed on anyone who hundred thousand rupiah s a drives a public motorized vehicle who:

a. Does ...

181

a. Does not hold the organization license for passenger transportation in trajectories as referred to in article 173 paragraph (1) letter a,

b. Does not hold the organization license for passenger transportation not in trajectories as referred to in article 173 paragraph (1) letter b,

c. Ooes not hold the organization license for specific goods and heavy equipment transportation as referred to in article 173 paragraph (1) letter c; or

d. Deviates from the designated license as referred to in article 173.

Article 309

Anyone who does not Insurance his/her responsibility for the compensation of losses suffered by passengers, goods shippers or a third party as referred to In article 189 shall be punished with imprisonment at the maximum period of 6 (six) months or penalty at the maximum amount of Rp 1,500,000 (one and a half million rupiah).

(1 )

Article 310

Anyone driving a motorized vehicle who, due to his/her negligence, causes a traffic accident with a damage to the vehicle andlor goods as referred to in article 229 paragraph (2), shall be punished with imprisonment at the maximum period of 6 (Six) months andlor penalty at the maximum amount of Rp 1,000,000 (one million rupiah).

(2) Anyone ...

182

(2)

(3)

(4)

(1 )

(2)

Anyone driving a motorized vehicle who due to hislher negligence, causes a traffic accident with a minor injured victim(s) and damage to the vehicle andlor goods as referred to In article 229 paragraph (3) shall be punished with imprisonment at the maximum period of 1 (one) year andlor penalty at the maximum amount of Rp 2,000,000 (two million rupiah).

Anyone driving a motorized vehicle who, due to hi~er negligence, causes a traffic accident with a major injured victim(s) as referred to in article 229 paragraph (4), shall be punished with imprisonment at the maximum period of 5 (five) years andlor penalty at the maximum amount of Rp 10,000,000 (ten million rupiah).

In the event such accident as referred to In section (3) causing death to others shall be punished with imprisonment at the maximum period of 6 (six) years andlor penalty at the maximum amount of Rp 12,000,000 (twelve million rupiah).

Article 311

Anyone who deliberately drives a motorized vehicle by a manner or condition which is dangerous for lives or goods shall be punished with imprisonment at the maximum period of 1 (one) year or penalty at the maximum amount of Rp 3,000,000 (three million rupiah).

In the event that such act as referred to In paragraph (1) causing a traffic accident with a damage to the vehicle andlor goods as referred to in article 229 paragraph (2) the wrongdoer shall be punished with imprisonment at the maximum period of 2 (two) years or penalty at the maximum amount of Rp 4,000,000 (four million rupiah).

(3) In ... 183

(3)

(4)

(5)

In the event that such act as referred to in section (1) causing a traffic accident with minor injured victimes) and damage to the vehicle andlor goods as referred to in article 229 paragraph (3), the wrongdoer shall be punished with Imprisonment at the maximum period of 4 (four) years or penalty at the maximum amount of Rp 8,000,000 (eight million rupiah),

In the event that such act as referred to in paragraph (1) causing a traffic accident with a major Injured victim(s) as referred to In article 229 paragraph (4), the wrongdoer shall be punished with imprisonment at the maximum period of 10 (ten) years or penalty at the maximum amount of Rp 20,000,000 (twenty million rupiah),

In the event that such act as referred to in section (4) causing death to others, the wrongdoer shall be punished with imprisonment at the maximum period of 12 (twelve) years or penalty at the maximum amount of Rp 24,000,000 (twenty-four million rupiah),

Article 312

Anyone driving a motorized vehicle who Is involved in a traffic accident and deliberately does not stop his/her vehicle, does not help the victim, or does not report such traffic accident to the nearest office of the state police of the republic of Indonesia as referred to in article 231 paragraph (1) letters a, b, and c without a proper reason shall be punished with imprisonment at the maximum period of 3 (three) years Qr pellalty at the maximum amount of Rp 75,000,000 (seventy-five million rupiah).

Artide313 .. . 184

Article 313

t insurance hislher vehicle crew a~d Anyone who does no . 'cle 237 shall be punished With passengers as referred !O In artl. of 6 (six) months or penalty lmprisonm~nt at the maxlmfuRm p~~~ 000 (one and a half million at the maximum amount 0 p, , rupiah).

Article 314

In addition to Imprisonment ~un.ist;::~~, !~~~;:~~ o~:~~~~~ traffic crime wrongdoer cat~ e 1m compensation due to a traffic of driving license revoca Ion or criminal act.

(1 )

(2)

(3)

Article 315

a criminal act is committed by a public

:~a~~~o~~~~~ company, the Crimin~1 /espc':,~~;~~ ~~~~ be imposed on such public transpo a Ion managing board.

t criminal act is committed by a public

:~a~~;o~~~~n ~mpany, then ~n ~di:~n r~e~~~s~~e~~ imposed on i~s managing oa t th paragraph (1), it shall also bthe impo:dp:n~I~~~~sltio~ maximum of 3 (three) times .an su determined in each article of thiS chapter.

In addition to penalty imposition, the public trans~rtatio~ m an can also be imposed with an extra p~OIshmen

~ th~ f:rm of temporary suspension or revo~bon on the transportation business license for the vehicles that It uses.

Article 316 . ..

185

(1 )

(2)

Article 316

Suc~ provisions as referred to in Article 274, Article 275 seclion (1), Articles 276, 278, 279, 280, 281, 282, 283, 284, 285 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306,307,308,309, and 313 are violations.

Suc~ provision,s as referred to in Articles 273, Article 275 section (2), Article 277, Article 310, Article 311, and Article 312 are criminals.

Article 317

In the event that rupiah exchange rate suffers a decrease, the amount of penalty as referred to in chapter XX can be determined by the govemmental regulation.

CHAPTER XXI

TRANSITIONAL PROVISIONS

Article 318

At the time this Law commences to be in effect the drivers ed~~tio~ a~d ~rainin9 implemented by the drivers education and tralnmg Instl~ubons shall keep running according to the license granted provided that within a maximum period of 2 (two) years it must be adjusted to this Law. I

Article 319

At. the. time this Law commences to be in effect, any auditing being Implemented by govemment's auditors shall keep taking place until such auditing completed.

CHAPTER XXII ...

186

CHAPTER XXII

CLOSING PROVISIONS

Article 320

The implementing regulation hereof must have been stipulated at the latest 1 (one) year since the enactment of this law.

Article 321

Road Traffic and Transportation forum must have been established at the latest 1 (one) year since the enactment hereof.

Article 322

The Road Traffic and Transportation information and communication control center must have been established at the latest 2 (two) years since the enactment of this Law.

Article 323

The Road preservation funds management unit must have already functioned at the latest 1 (one) year since the enactment

of this law.

Article 324

At the time this Law commences to be in effect, all implementing regulations of Law No. 14 of 1992 on Road Traffic and Transportation (State Gazette of Republic of Indonesia of 1992 Number 49, Supplement State Gazette of Republic of Indonesia Number 3480) shaH be declared as in effect as long as it is not against or not replaced yet with a new one under this Law.

Article 325 ...

187 ----------------....

Article 325

At the tlme this Law commences to be in effect, Law No. 14 of 1992 on Road Traffic and Transportation(Slate Gazette of Republic of Indonesia of 1992 Number 49, Supplement Slate Gazette of Republic of Indonesia Number 3480) shall be revoked and declared as null and void.

Article 326

This Law shall become effective as of the date of enactment.

:or p~bllc cogniza~ce, it is instructed to promulgate this Law by insertIng the same In State Gazette of Republic of Indonesia.

188

Ratified in Jakarta

On June 22, 2009

PRESIDENT OF REPUBLIC OF INDONESIA

signed

DR. H. SUSILO BAMBANG YUDHOYONO

Enacted in Jakarta

On June 22, 2009

MINISTER OF LAW AND HUMAN RIGHTS

DF THE REPUBLIC OF INDONESIA

signed

ANDI MATALATTA

STATE GAZETTE OF REPUBLIC OF INDONESIA OF 2009 NUMBER 96

For true copy

STATE SECRETARIAT OF REPUBLIC OF INDONESIA

Head of Legislation Bureau

Economy and Industry Sector

signed

Setia Sapto Nugroho

189

I.

ELUCIDATION

ON

LAW OF REPUBLIC OF INDONESIA

NUMBER 22 YEAR 2009

REGARDING

ROAD TRAFFIC AND TRANSPORTATION

ELUCIDATION

ON

LAW OF REPUBLIC OF INDONESOA

NUMBER 22 YEAR 2009

REGARDING

TRAFFIC AND ROAD TRANSPORTATION

GENERAL

By the blessing of the One Supreme God, the Unitary State of Republic of Indonesia has been bestowed the archipelago state consisting of the thousands islands situated along the equator, as well as between two continentals and two oceans, has the very important and strategiC position and role to support the economic development, national integration stabilization to strengthen the national resilience, as well as create the world orderliness and state and nation life in the frame of enhancing the public welfare as messaged by the 1945 Constitution of State of Republic of Indonesia.

The Road ... 190

The Road Traffic and Transportation have the strategic role in supporting the national development and integration as the part of the effort to advance the public welfare as messaged by the 1945 Constitution of State of Republic of Indonesia. As the part of the national transportation system, the potency and role of the Road Traffic and Transportation must be developed to realize the Security, welfare, order1iness in Road Traffic and Transportation in the frame of supporting the economic building and the development of the science and technology, regional autonomy as well as accountability of the state organizing.

In this Law, the nurturing of Road Traffic and Transportation shall be conducted mutually by all related authorities (stakeholders) as follows:

1) administration affairs in Road infrastructure, by the ministry being responsible for Road sector;

2) administration affairs in Road Traffic and Transportation facility and infrastructure, by the ministry being responsible for Road Traffic and Transportation facilities and Infrastructure;

3) administration affairs In Road Traffic and Transportation industrial development, by the ministry being responsible for industry sector;

4) administration affairs in Road Traffic and Transportation technological development, by the ministry being responsible for technology sector,

5) administration affairs in registration and identification of Motorized Vehicle and Drivers, Law Enforcement, Traffic Management and Engineering Operational as well as the traffic education by the Police of State of Republic of Indonesia.

The distribution .. . 191

The distribution on such nurturing authority is intended In order that the tasks and responsibilities of each administrator in Road Traffic and Transportation become dearer and more transparent so that the Road Traffic and Transportation can be organized safely, securely, orderly, smoothly and efficiently as well as accountably.

Regarding the technical and operational matter, which was originally in Law Number 14 Year 1992 CONCERNING ROAD TRAFFIC AND TRANSPORTATION is set forth in the government regulation and its implemental directives, in this Law it is set forth expressly and in details in order there will be the legal certainty thereby no longer requiring the considerable govemment regulation and implementar directives.

The sharpening of the formula on the principles and objectives in this Law has, besides to create the secure, safe, orderly, smooth Road Traffic and Transportation which is integrated to the other transportation mode, the objective to enhance the national economy, realize the people welfare, nation unity and integration as well as being able to uphold the nation dignity. The secuMty aspect was also taken into account and was emphasized on the arrangement of Traffic and Road Transportation. Besides, this Law also emphasizes the realization of ethics on traffic and national culture Oust culture) through the efforts of nurturing, counseling and education on traffic since the early age as well as through the sustainable program.

In ... 192

In this law there Is improvement on the terminOl~gy o~ Road Traffic and Transportation into the Road T~ I.C an f Transportation shall be one integral system consisting °d

affic road transportation, Road Traffic ~n ~rans'portation Network, Road Traffic and Transportation Infrastructure, Vehicle, Driver, Road User as well as the management thereof.

In the frame of anticipating t~~ global st~~~~~ environment development reqUlnng th~ , na perSistence to compete In the global competlt,lon aS

r ~~:

as to fulfill the new paradigm demand cr~vlng ~~ the better transparent and accountable service f .. Gove~ment, this Law formulat~s, various vIsionary breakthroughs and the quite Significant Change~. If compared to tlie Law Number 14 Year 1992 regar Ing Traffic and Road Transportation.

This law is based on the spirit that the ~ross hS~lct~r organizing of Road Traffic and Transport.a~lon s a ~

rformed by the coordination of the administrators an ~her stakeholders. To overcome the very complex

roblem this Law also messages the establishment of the p, . f Road Traffic and Transportation orum.

The Road Traffic and Transportation forum shall be ~he ad hoc board functioning as the instrument to synergl~e the main task and the function of each. authonty or anizing the Road Traffic and Transportation In ~he fr~me of analyzing the problem, bridging, finding SOlut:~n as well as improving the service quality. and not as e law enforcement apparatus.

The Road ...

193

The Road Traffic and Transportation forum has the task to make coordination among the organizing authority requiring the integration in planning and overcoming the Road Traffic and Transportation problems, while the forum membership consists of the administrator, organizer, academicians and community elements.

To maintain the worthiness of the road condition and to reduce the accident rate, this Law contains the legal basis on the Road Preservation Fund. The Road Preservation Fund will only be used specially for the road maintenance, rehabilitation and reconstruction activities which are managed based on the sustainability, accountability, transparency, equality and suitability principles. The Road Preservation Fund shall be managed by the Road Preservation Fund Managing Unit established by and be responsible to the Minister for the road sector, which will be implemented in accordance with the legislation.

In the frame of empowennent and development of Industry in Traffic and Road Transportation, this Law confinns that the Government is obliged to enhance the domestic industry, among others by providing the facility, incentive and apply the standard of Road Traffic and Transportation equipment product. The industrial development comprises the Road Traffic and Transportation Infrastructure development by the manners and methods of engineering, production, assembly and maintenance as well as repair.

To reduce the Traffic Accident rate which was considered very high, the future efforts are directed to comprehensive handling comprising the nurturing, prevention, arrangement and law enforcement. Such nurturing is made through the traffic education intensity improvement and law extension as well as human resources nurturing.

The prevention ... 194

The prevention effort was made through the improvement of supervision on the worthiness of road, facilities and infrastructure of the road, as well as the Vehicle worthiness, including the more intensive supervision on Traffic and Road Transportation. The arrangement effort comprises the Traffic Management and Engineering and Traffic facilities and Infrastructure modernization. The law enforcement effort was made more effective through the fonnulation of clearer legal provision as well as the stricter sanction imposition.

In the frame of realizing the equality in Road Traffic a~d Transportation service, this Law arranges the special treatment for disable people, old age people, children, pregnant women and sick people. The fonn of spe?iai treatment given by the Government is the easy phYSical and non physical facilities and infrastructure covering the accessibility, service priority and service facilities.

To improve the service in security, safety, orderliness and smoothness of traffic, this ,Law set forth and message the Road Traffic and Transportation Infonnalion and Communication System supported by the sub system established by each integrated Traffic and Road Transportation. The management of the Road Traffic a~d Transportation Infonnation and Communication System IS

made by the Govemment or Regional Govemment by taking into account the legislation, white the Road :ra~c and Transportation Information and Communication System operational is made integratedly through the control and data center.

This ...

195

I

This Law also confirms the One Stop Integrated Administration ensure the smooth Road T ffi adm' Itt' fa Ie and . '~ s ~ Ive service covering the r9jllsl~ration Identification of motorized VehicJe and Driver ~e Payment of Taxes of motorized Vehicle aa~d well

ccldent Fund Obligatory Contribution (SWDKLL).

In the frame of advancin th . . transportation this La 9 e bUSiness In public

, w also arranges in d t '/ III Operational technical provision 0 th . e ar e Road transportation co ti ~ e requirements of healthily, develop and rpora on. In order it can grow international basis Furth competitively on national and throughout the territories e;;;~re to open t~e remote area ensuring the pioneered R d ~doneSla, this Law remains effort of economic activl"ty ~a ransportatJon service in the

Improvement.

To ensure the realization on Transportation organizing fulfil/' th Road Traffic and standard, this law arran I 109 e ~fety and security and periodical testing of th~es the .techmcs! requirements of motorized Vehicl motonzed Vehicle. Each type Accident and environ e potentla"r ~using the Traffic periodical testing. ment pollul/on IS subject to the

To fulfill the need of public tra . . also confirm that it Is the r ns~0rt:atlon, thiS law norms to ensure the availability o~~:n:'~lhty of the Government and affordable public transport ti a e, secured, convenient may involve the private : 0"1' and t~e Government thereof. sec or n the Implementation

196 This ...

This law also arranges the Traffic Management and Engineering with the objective to optimize the use of Road network and Traffic movement in the frame of ensuring the traffic security, safety, orderliness and smoothness. Such Traffic Management and Engineering covers the activities of planning. arrangement, engineering, empowerment and supeNision.

To handle the Traffic Accident. the accident prevention is made through the stakeholders' participation, community empowerment, law enforcement and global partnership. The Traffic prevention is made by the staging pattern namely short, medium and long term program. Besides, the preparation of the accident prevention program is made by the Road Traffic and Transportation forum.

Relating to the tasks and authority of the Civilian Government Employee Investigator (PPNS) in Traffic and Road Transportation, this law arranges that in the frame of performing the PPNS tasks and function in order to always coordinate with the Police of State of Republic of Indonesia as the coordinator and supaNisor of PPNS. It is made in order that there will be no overlapping of authority as well as the existence of legal certainty as already arranged by the legislation among others law on Criminal Procedure Law (KUHAP).

In this Law, the arrangement and application of criminal sanction are set forth stricter. The minor violation shall be subject to the imprisonment or penalty which is relatively lighter. However, the gross violation and intentional element will be subject to the heavier criminal sanction. It is intended to cause the prevalence effect for those committing violation by not burdening the community.

Besides ... 197

II.

Besides the criminal sanction, this Law also arranges the administrative sanction imposed to the transportation company in tenns of warning, permit freezing, permit revocation, penalty. The provision on the criminal and administrative sanctions is also applied to the Road official or organizer. On the other hand, in the frame of improving the Jaw enforcement effectiveness, the reward and punishment system is applied in tenns of incentive granting for the officers having the achievement.

Basically this law is arranged comprehensively and in details. However to complete it operationally. the technical provision is set forth into the government regulation, regulation of Minister and regulation of Commandeer in Chief of Police of Republic of Indonesia.

By the enactment of this Law, Law Number 14 Year 1992 CONCERNING ROAD TRAFFIC AND TRANSPORTATION shall be revoked and declared null and void. To avoid the legal vacancy, all implemental directives is declared remain valid '30 long it does not in contravention of or is not substituted yet by the new one based on this Law.

ARTICLE BY ARTICLE

Article 1

Self-explanatory.

198 Article 2 . "

Article 2

Letter a -Transparency principle" shall mean the openness in organizing the Road Traffic and Transportation to the public in obtaining the correct, clear and honest information in order that the community has the opportunity to participate in the Road Traffic and Transportation development.

Letter b

Letter c

Letter d

"Accountable principle" shall mean the organizing of Road Traffic and Transportation that Is accountable.

"Sustalnabillty principle" shall mean the ensuring of quality of environment function through the arrangement of vehicle worthiness technical requirements and general plan of Road Traffic and Transportation Network building and development.

·Participative principle" shall mean the arrangement of the community partiCipation in the process of policy and supervision preparation on the implementation of policy, accident handling and reporting of the occurrence related to the Traffic and Road Transportation.

Lettere -Benefit principle" shall mean all activities of Road Traffic and Transportation r)rganizing that may give the largest added value in the frame of realizing the community welfare.

Letterf ... 199

Letter f

-Efficient and effective principle- shall mean the service in Road Traffic and Transportation organizing made by each administrator in governmental phase on efficient and effective basis.

Letterg

Letter h

Letter I

-Equality principle- shall mean the organizing of Road Traffic and Transportation that must be implemented based on the equality between the facilities and infrastructure as well as the fulfillment of the rights and obligations of the Service Users and organizers.

"Integrated princlpleft shall mean the organizing of Road Traffic and Transportation service made by giving the priority to the harmony and Interdependence of authority and responsibility of the administrator authority.

Mlndependence principle- shall mean the effort to organize the Road Traffic and Transportation through the national resources development and empowennent.

Article 3

Self-explanatory.

Article 4

Self-explanatory.

200 Article 5 ...

Article 5 Self-explanatory.

Article 6 Self-ex~lanatory.

Article 7 Self-explanatory.

Article 8 Self-explanatory.

Article 9 Self-explanatory.

Article 10 Self-explanatory.

Article 11 Self-explanatory.

Article 12 Self-explanatory.

Article 13 Paragraph (1)

Self-explanatory.

201

Paragraph . . .

Paragraph (2)

~ Road Traffic and Transportation Forum~ shall mean the ad hoc board functioning as the instrument to synergize the main tasks and the function of each authority organizing the Road Traffic and Transportation in the frame of: a. analyzing the problem; b. bridging, finding solution and

improving the service quality; and c. not as the law enforcement

apparatus. Paragraph (3)

Self-explanatory Paragraph (4)

Self-explanatory. Paragraph (5)

Self-explanatory.

Article 14

Self-explanatory.

Article 15

Self-explanatory.

Article 16

Self-explanatory.

Article 17

Self-explanatory.

Article 18

Self-explanatory.

202 Article 19 ...

Article 19

Paragraph (1)

Self-explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3) ·Certain condition~ shall mean in the event of the following:

a. Traffic reqUlnng the Road Infrastructure shall mean the Traffic with the maximum axle load of lower than 8 (eight) ton; andlor

b. Road organizer ;s not able yet to finance the Road Infrastructure procurement for the Traffic with maximum axle load of 8 (eight) ton.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Article 20

Self-explanatory.

Article 21

Self-explanatory.

Article 22

Self-explanatory.

Article 23

Self-explanatory.

203 Article 24 ...

Article 24

Self-explanalory.

Article 25

Self-explanatory.

Article 26

Self-explanalory.

Article 27

Self-explanatory.

Article 28

Self-explanalory.

Article 29

Self-explanalory.

Article 30

Self-explanatory.

Article 31

Self-explanalory.

Article 32

Self-explanalory.

Article 33

Self-explanalory.

204 Article 34 ...

Article 34

Self-explanatory.

Article 35

Self-explanalory.

Article 36 Self-explanalory.

Article 37

Self-explanatory.

Article 38

Paragraph (1) Self-explanalory.

Paragraph (2) -Main facility· shall mean the departure and arrival lines, passenger waiting from, passenger point of embarking and disembarking, vehicle parking lot. information board, terminal controlling office and ticket window.

Paragraph (3)

Self-explanalory.

Article 39

Paragraph (1) MTerminal work environment" shall mean the environment relating directly to the Terminal facilities and bordered by the fence.

Paragraph . .. 205

Paragraph (2)

"Terminal organizer" shan mean the technical executing unit of the Regional Government.

Paragraph (3)

Self-explanatory.

Article 40

Self-explanatory.

Article 41

Self-explanatory.

Article 42

Self-explanatory.

Article 43 Paragraph (1)

"Parking for Public" shall mean the place for parking the vehicle with charge.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory. Paragraph (4)

Self-explanatory.

Article 44

Self-explanatory.

Article 45 Paragraph (1)

206 Letter a ...

Letter a Self-explanatory .

Letterb Self-explanatory.

Letter c "Point of crossing- can be in terms of zebra cross and crossing in terms of bridges or tunnels.

Letterd Self-explanatory.

Lettere Self-explanatory.

Paragraph (2) Self-explanatory.

Article 46 Self-explanatory.

Article 47 Paragraph (1)

Self-explanatory.

Paragraph (2) Letter a

Self-explanatory.

Letter b ·Passenger car" shall mean the Motorized Vehicle to transport the people having the seat of maximum 8 (eight) persons including for Oriver and with weight of not more than 3,500 (three thousand five hundred) kilograms.

Letter c ...

207

, \

Letterc ~Bus· shall mean the Motorized Vehicle to transport the people having the seat of more than B (eight) persons including for Driver or that with weight of more than 3,500 (three thousand five hundred) kilograms.

Lenerd -Cargo car" shall mean the Motorized Vehicle used for goods transportation.

Letter e ~Speclal vehicle- shall mean the Motorized Vehicle specially designed to have the certain function and design among others:

a. Motorized Vehicle for Indonesian National Army;

b. Motorized Vehicle of Police of State of Republic of Indonesia;

c. heavy equipment among others bulldozer, tractor, stoomwaltz. forklift, excavator and crane; as well as

d. Special vehicle for disable person.

Paragraph (3)

Self-explanatory .

Paragraph (4)

Self-explanatory.

208 Article 48 ...

Article 48

Paragraph (1) Self-explanatory.

Paragraph (2)

Letter a The ·composition- shall consist of:

a. foundation frame;

b. c. d.

e. f. g. h. I.

209

activating motor;

exhaust system; capacity relay system;

wheel system; suspension system;

wheel instrument system;

brake system; Lamp and light renector system consisting of:

1. near main lamp, white or light yellow In color;

2. far main lamp. white or light yellow in color;

3. directing lamp. deep yellow in color with flickering light;

4. brake lamp, red;

5. front position lamp, white or light yellow;

6.

7.

rear position lamp, red; and retreat lamp, white or light yellow;

j . supporting . ..

j.

Letter b

supporting component oonsisting of:

1. speedometer, 2. rear view mirror;

3. windshield except motorcycle;

4. hom; 5. vender; and 6. bumper except

motorcycle.

• Accessories· shall consist of:

a. safety belt; b. spare tire;

c. d. e. I.

g. Letterc

securing triangle;

lifting jack; wheel opener;

light re·bouncing helmet or vest for the driver of four or more wheel Motorized Vehicle not having the casing; and first aid kit for accident.

~Size· shall mean the main dimension of the Motorized Vehicle among others length, width. height, front over hang, rear over hang and departure angle.

letter d ... 210

Letter d ·Car body· shall mean the body 01 the vehicle among others mirrors. doors, hinge, seat, space to install the motorized Vehicle number, emergency exit (special for bus), ladder (special lor bus) and pit shield (lor cargo car).

Letter e

Letterf

-Technical design for vehicle In accordance with the deSignation­shall mean the design in accordance with the function: a. motorized Vehicle to

transport person; or

b. motorized Vehicle to transport goods.

-Loading- shall mean the method to load the person andlor goods.

Letter g ·Use- shall mean the method to use the motorized Vehicle in accordance wit the designation.

Letter h

Letter I

"Coupling of motorized Vehicle" shall mean the method to couple the motorized Vehicle using the devices.

"motorized Vehicle sticking" shall mean the method to stick the motorized Vehicle by: a. using the devices;

b. using ...

211

b. using the fifth equipped with the instrument; and

wheel locking

c. being equipped with the trestle.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Article 49

Self-explanatory.

Article 50

Self-explanatory.

Article 51

Self-explanatory.

Article 52

Self-explanatory.

Article 53

Paragraph (1)

Self-explanatory. Paragraph (2)

Self-explanatory.

Paragraph (3)

Letter a Self-explanatory.

212 Letter b ...

Letter b "PermIt from the Govemmenr shall mean the permit from the state ministry being responsible for Road Traffic and Transportation facility and Infrastructure based on the recommendation from the ministry being responsible for industry, and Police of State of Republic of Indonesia.

Letter c Self-explanatory.

Article 54 Self-explanatory.

Article 55

Self-explanatory.

Article 56

Self-explanatory.

Article 57 Self-explanatory.

Article 58 MEqulpment that may hamper the traffic safety~ shall mean the installation of equipment, accessories, or other things to the Vehicle that may endanger the traffic safety among others the installation of hom bumper and dazzling lamp.

Article 59 ... 213

Article 59

Paragraph (1) WCertain interest" shall mean the Vehicle which due to its nature and function, is provided with the red and blue signaling lamp as the mark of having the main right to the smoothness and the yellow signaling lamp as the mark requiring the special attention from the Road Users for safety.

Paragraph (2)

Self-explanatory.

Paragraph (3)

" motorized Vehicle having the main righf shall mean the motorized Vehicle having the priority and given the priority from other Road Users.

Paragraph (4) Self-explanatory.

Paragraph (5)

Self-explanatory. Paragraph (6)

Self-explanatory. Paragraph (7)

Self-explanatory.

Article 60

Paragraph (1)

Self-explanatory. Paragraph (2)

WHaving certain quality" shall mean the public service station that is able to conduct the type of work of periodical maintenance, minor repair, major repair as well as the chassis and body repair.

Paragraph .. . 214

Paragraph (3) Self-explanatory.

Paragraph (4) Self-explanatory .

Paragraph (5) Self-explanatory.

Paragraph (6) Self-explanatory.

Article 61 Paragraph (1)

Self-explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3)

--- r

"Dimension" shall mean the size of load t-ased on length, width and height of box of vehicle fulfilling the safety requirements of other Vehicle, Driver and Road Users.

Weight" shall mean that in accordance with the ability of puller, booster, brake capability, wheel axis bearing capacity according to the Road bearing capacity.

Paragraph (4) Self-explanatory.

Article 62 Paragraph (1)

Self-explanatory.

215

Paragraph . ..

Paragraph (2)

·Supporting facility" shall mean am others the bicycle' ong specIal line, special crossing facility andlor together with the Pedestrians.

Article 63

Self-explanatory.

Article 64

Self-explanatory.

Article 65

Self-explanatory.

Article 66

Letter a

Self-explanatory. Letter b

Self-explanatory. Letter c

~~~~~=~~~e~~h~~ru~~::i:' t~:eCkft shall ,mean the document and th . type testing result

o er supportIng documents.

Article 67

Self-explanatory.

Article 68

Self-explanatory.

216 Article 69

Article 69

Paragraph (1)

·Certain interest" shall cover:

a. moving the vehicle from the places of the seller, distributor or manufacturer to the certain place to substitute or equip the important component from the relevant Vehicle or to the point of registration of the Motorized Vehicle;

b. move from one place of storage in a factory to the storage place of other factory;

c. trying the new motorized Vehicle before it is sold;

d. trying the motorized Vehicle in trial/research period; or

e. moving the motorized Vehicle from the seller to the buyer place.

Paragraph (2)

Self-explanatory .

Paragraph (3)

Self-explanatory.

Article 70

Paragraph (1)

Self-explanatory.

Paragraph (2)

wAnnual ratification~ shall mean the annual supervision to the motorized Vehicle registration and identification as well as growing the adherence of the motorized Vehicle taxpayer.

Paragraph ...

217

Paragraph (3)

Self-<3xplanatory.

Article 71 Paragraph (1)

Letter a

WEvidence of registration is lost or damaged" shall mean the lost or damage of the BUKTI KEPEMILIKAN KENDARAAN BERMOTOR (CERTIFICATE OF MOTOR VEHICLE OWNERSHIP) • SURAT TANDA NOMOR KENDARAAN BERMOTOR ( MOTORIZED VEHICLE REGISTRATION NUMBER DOCUMENT) andlor Motorized Vehicle Number Certificate.

Letter b

Letter c

"Technical specification of Motorized Vehicle is changed" shall mean the change occurred to the technical specification of Motorized Vehicle, among others the change of activating engine, car body change and modification. "Function of Motorized Vehicle is changed" shall mean the occurrence of change of function of the Public Motorized Vehicle to the individual Motorized Vehicle and vice versa.

"Transferred" shall mean the Motorized Vehicle already sold or granted.

Letter d ... 218

Letter d Self·explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3) Self-<3xplanatory .

Article 72 Self-explanatory.

Article 73 Self-explanatory.

Article 74 Self-explanatory.

Article 75 Self-explanatory.

Article 76 Self-explanatory.

Article 77 Self-explanatory.

Article 78 Paragraph (1)

Self-explanatory.

Paragraph (2) Self-explanatory.

219

,

Paragraph . ..

Paragraph (3)

Self-explanatory. Paragraph (4)

• Accreditation" shall comprise the institutionalism. instructor, curriculum, vehicle, training and other facilities.

Article 79

Self-explanatory.

Article 80

Letter a

Self-explanatory. Letter b

Self-explanatory. Letter c

Letterd

"Heavy equipment vehicJe~ shall mean among others tractor, stoomwaltz, forklift, loader, excavator, bulldozer and crane.

Self-explanatory. Letter e

Self~eXplanatory.

Article 81

Self-explanatory.

Article 82

Self-explanatory.

220 Article 83 .. .

Article 83 Paragraph (1)

Self-explanatory .

Paragraph (2) Self-explanatory.

Paragraph (3)

Letter a Self-explanatory.

Letter b Figure 1

~Other certain place" shall mean among others shelter, goods distribution center, govemmental center, education center and economic center.

Figure 2 Self-explanatory.

Figure 3 Self-explanatory.

Figure 4 Self-explanatory.

Figure 5 Self-explanatory.

Paragraph (4) Self-explanatory.

Paragraph (5) Self-explanatory.

221

Article 85 . ..

Article 85

Paragraph (1)

·Other Driving License form- shall mean the Driving License which form Is adjusted to the technology advance.

Paragraph (2)

Self-explanatory. Paragraph (3)

Self-explanatory. Paragraph (4)

Self-explanatory. Paragraph (5)

Self-explanatory.

Article 86

Self-explanatory.

Article 87

Self-explanatory.

Article 88

Self-explanatory.

Article 89

Self-explanatory.

Article 90

Self-explanatory.

Article 91

Self-explanatory.

222 Article 92 ...

,

Article 92 Self-explanatory.

Article 93

Self-explanatory.

Article 94

Paragraph (1) Letter a

Self-explanatory.

Letterb Self-explanatory.

Letter c Self-explanatory.

Letter d Self-explanatory.

Lettere Self-explanatory.

Letter f Self-explanatory.

Letter g Self-explanatory.

Letterh ·Service leve'- shall mean the quantitative and qualitative sizes (ratio of volume per capacity) describing the operational condition, such as speed, traveling time, free of movement, security, safety, orderllness and smoothness in Traffic as well as the evaluation of the Driver to the Traffic flow condition.

Letter i ...

223

,

LeHer i

Paragraph (2) Self-explanatory.

Self-explanatory. Paragraph (3)

Letter a

-Road section geometric repair" shall mean the repair to the form and dime~sjon of road, among o~hers radiUs, gradient. alignment width and canalization. .

Letter b

Self-explanatory. Lettare

Paragraph (4) Self-explanatory.

Self-explanatory. Paragraph (5)

Article 95 Self-explanatory.

Self-explanatory.

Article 96

Paragraph (1)

Self-explanatory. Paragraph (2)

Self-explanatory. Paragraph (3)

Self-explanatory. Paragraph (4)

Self-explanatory.

224 Paragraph . ..

Paragraph (5)

Self-explanatory.

Paragraph (6) • city road" shall mean all Road network situated in the city administrative territory I except the national and province roads.

Article 97

Self-explanatory.

Article 98

Self-explanatory.

Article 99 Paragraph (1)

·Construction of activity, settlement and infrastructure center" shall mean the new construction, land use change, land use arrangement intensity change andlor building story extension andlor changes of intensity of use, certain land use density I the use of certain land among other Terminal, Parking for public outside the Road Own Space, fuel filing station and other public facility.

The implementation of traffic impact analysis can be integrated to the environment impact analysis.

Paragraph (2)

Self-explanatory. Paragraph (3)

Self-explanatory.

225 Article 100 ...

Article 100

Paragraph (1)

Self-explanatory.

Paragraph (2)

"Related authority in Traffic and Road Transportation- shall mean the authorities responsible for Road, Road Traffic and Transportation facility and Infrastructure as well as Police of State of Republic of Indonesia.

Article 101 Self-explanatory.

Article 102

Paragraph (1) Self-explanatory.

Paragraph (2)

Period of 30 (thirty) days shall mean the period available for giving the information to the Road Users.

Paragraph (3) Self-explanatory.

Article 103

Paragraph (1) Self-explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3)

"Yellow box mark~ shall mean the Road Mark of yellow quadrangle functioning to prohibit the Vehicle stopping in an area,

Paragraph . .. 226

Paragraph (4) Self-explanatory.

Article 104

Paragreph (1 ) ·Certain condition" shall mean the condition where the Traffic does not function for the smooth Traffic caused among other by: a. sudden or situational change of

Traffic; b. Traffic signaling tool does not

function; c. the existence of prioritized Road

Users; d. the existence of road work;

e. the existence of natural disaster; and/or

f. the existence of Traffic Accident.

Paragraph (2) Self-explanatory ,

Paragraph (3) Self-explanatory.

Paragraph (4) Self-explanatory.

Article 105 Self-explanatory.

227

Article 106 . ..

Article 106

Paragraph (1)

-Full concentrated" shall mean any person driving the Motorized Vehicle with full attention and is not disturbed due to sickness, being tired, sleepy, using telephone or watching television or video installed in the Vehicle, or drinking alcoholic drink or drugs thereby affecting the ability in driving the Vehicle.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Letter a Self-explanatory.

Letter b

Self-explanalory.

Letter c Self-explanatury.

Letterd

·Other valid evidence item" shall mean the evidence of sequestration substituting the SURAT TANDA NOM OR KENDARAAN ERMOTOR (MOTORIZED VEHICLE REGISTRATION NUMBER DOCUMENT) or Vehicle Trial Certificate, Driving License and periodical testing card.

Paragraph .. . 228

Paragraph (6) Self-explanatory.

Paragraph (7) Self-explanatory.

Paragraph (8) Self-explanatory .

Paragraph (9) Self-explanalory.

Article 107 Paragraph (1)

.Certain condition" shall mean the limited sight distance due to darkness, heavy rain, tunnel and fog .

Paragraph (2) Self-explanatory.

Article 108 Self-explanatory.

Article 109 Paragraph (1)

Self-explanatory .

Paragraph (2) "Certain situation" shall mean if right or the farthest right row is In traffic jam, among other due to the Traffic Accident, the fall down of tree, holed road, inundation, the failure-engine Vehicle, changing direction queue or the Vehicle intending to tum left.

Paragraph (3) Self-explanatory.

229

Article 110 .. .

Article 110

Self-explanatory.

Article 111

Self-explanatory.

Article 112

Self-explanatory.

Article 113

Self-explanatory.

Article 114

Self-explanatory.

Article 115

Self-explanatory.

Article 116 Self-explanatory.

Article 117

Self-explanatory.

Article 118

Letter a Self-explanatory.

230 Letter b ...

Letter L ·Certain place possibly endangering" shall be:

a.

b.

Pedestrians crossing space or the crossing space for the bicycle already determined; Pedestrians special line;

c. curve;

d.

e.

f.

g.

h.

over the bridge; the place approaching the one section crossing and intersection; in front of the compound exit and entry way. the place that can conceal the Traffic Signs or Traffic Signaling Tools; near to the fire extinguisher faucet or source of water for fire extinguisher.

Letterc Self-explanatory.

Article 119 Paragraph (1)

"Signal for stop" can be electronic or mechanic indicating the signal to stop.

Paragraph (2) Self-explanatory.

Article 120 Self-explanatory.

231

in terms of equipment

Article 121 ...

Article 121

Paragraph (1)

NOther signal" shall mean among others the emergency lamp and flashlight. "Emergency condition" shall mean the Vehicle when in engine-failure, Traffic Accident and tire replacement.

Paragraph (2)

Self-explanatory.

Article 122

Self-explanatory.

Article 123

Self-explanatory.

Article 124 Self-explanatory.

Article 125

"Road network" shall mean one integral network consisting of primary and secondary Road network system interconnected in the hierarchical relation.

Article 126

Self-explanatory.

Article 127

Paragraph (1)

"Activity performance outside the function" shall mean among others: a. religious activity;

b. state . .. 232

b. state activity; c. sport activity; andlor d. culture activity.

Paragraph (2) Self-explanatory.

Paragraph (3) "Personal interest" shall mean among others the wedding party I death or other activity.

Article 128 Self-explanatory.

Article 129 Self-explanatory.

Article 130 Self-explanatory.

Article 131 Paragraph (1)

'Other facmty~ shall mean among the marked lamps for Pedestrians.

Paragraph (2) Self-explanatory.

Paragraph (3) Self-explanatory .

Article 132 Self-explanatory.

others

Article 133 . . .

233

Article 133

Paragraph (1)

Self-explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3) MTraffic control charge" shall mean the fund collected from the Road Users to enter the road section or area already determined.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Article 134

Letter a Self-explanatory.

Letterb Self-explanatory.

Letter c Self-explanatory.

Letterd Self-explanatory.

Lettere

Self-explanatory. Letterf

Self-explanatory.

234 Letter 9 ...

Letter 9 "Certain interest" shall mean the interest requiring prompt handling among others, Vehicle to handle the bomb threat, vehicle transporting the troops, vehicle to handle the riot. and vehicle to handle the natural disaster.

Article 135 Self-explanatory.

Article 136 Self-explanatory.

Article 137 Paragraph (1)

Self-explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Letter a Self-explanatory.

Letter b Self-explanatory.

Letterc WOther interest" shall mean the interest performed to handle the security, social and emergency condition problem due to inability to drive the passenger car or bus.

Paragraph . ..

235

Paragraph (5)

Self-explanatory.

Article 138

Self-explanatory.

Article 139

Self-explanalory.

Article 140

~Trajectory" shall mean the track of Public Motorized Vehicle for the transportation service having the place of origin and destination of regular trip, as well as regular track, both scheduled or not.

Article 141

Self-explanatory.

Article 142

Letter a

Letter b

"Cross state border transportation" shall mean the transportation from one city to other city passing the state border using the public bus tied in the trajectory.

-"Inter city inter province transportation" shall mean the transportation from one city to other city passing the districUcity area passing one province using the public bus tied in the trajectory.

Letter c ... 236

Letterc -Inter city transportation in the provine.e­shall mean the transportation from one City

to other city of inter district/city in one province tied in the trajectory.

Letterd "Urban transportation" shall mean the transportation from one pla~ to other place in rural area tied in the traJectory. The urban area shall be in terms of:

a. b.

c.

Letter e

city as the autonomous area; district area part having the urban characteristic; or area being in the part of two or more area directly bordered and having the urban characteristic.

uRural transportationn shall mean the (ransportation from one place to other place in one district area not connected to the urban transportation trajectory.

Article 143 Self-explanatory.

Article 143 Self-explanatory.

Article 144 Self-explanatory.

237

Article 145 . . .

Article 145 Paragraph (1)

Self-explanatory.

Paragraph (2) "Related authority" shall mean the authority nurturing the Traffic and Road Transportation.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Article 146 Self-explanatory.

Article 147 Self-explanatory.

Article 148 Self-explanatory.

Article 149

Self-explanatory.

Article 150 Self-explanatory.

Article 151

Self-explanatory.

238

Article 152 ...

Article 152

Paragraph (1) ~Door to door" shall mean the taxi service from the place of origin to the destination, "Operational territory" shall mean the area of taxi operated based on the permit given.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self.·explanatory .

Article 153

Paragraph (1)

"Other interest" shall mean the transportation used for employee and social purpose, among others visiting the family of deceased [person, sport and celebration.

Paragraph (2)

Self-explanatory.

Article 154

Paragraph (1)

Self-explanatory.

Paragraph (2)

"Special mark" shall mean the tourism wording and name of company.

Paragraph (3)

Self-explanatory.

Article 155

Self-explanatory.

239 Article 156 . . .

Article 156

Self-explanatory.

Article 157

Self-explanatory.

Article 158

Paragraph (1)

-Road based mass transportation" shall mean a transportation system using the bus . with. special protected row thereby POSSI~ly Improving the mass transporting capacity.

"Urban area" shall mean the megapolitan urban area, metropolitan area and large urban area in accordance with the legislation.

Paragraph (2)

Letter a

Self-explanatory. Letter b

"Special row" shall mean the row provided for the road-based mass transportation in accordance with the legislation.

Letter c

"Not huddled" shall mean the public transportation trajectory having the sin:ilarity to the mass transportation trajectory thereby causing the unsound competition.

Letter d ... 240

Letter d

"Feeder transportation B shall mean the public transportation with the continued trajectory to the mass transportation trajectory.

Article 159 Self-explanatory.

Article 160 Letter a

MGeneral goods transportation- shall mean the goods transportation in general, namely the non hazardous goods not requiring the special instrument.

Letter b

·Special goods transportation- shall mean the transportation requiring the goods car specially designed for transporting the goods in terms of bUlk, liquid and gas, container, plants, alive animal and heavy equipment as well as bringing the hazardous goods, among others: a. explosive material; b. compact gas, liquid gas and soluble

gas in the certain pressure or temperature;

c. flammable liquid; d. flammable solid; e. oxidant producing material; f.

g. h.

poison and the infectious material; radioactive goods; corrosive goods;

Artlde 161 ... 241

Article 161

Self-explanatory.

Article 162

Self-explanatory.

Article 163

Self-explanatory.

Article 164

Self-explanatory.

Article 165

Paragraph (1)

.. Multimodal transportation" shall mean the goods transportation using at least 2 (two) different transportation modes based on 1 (one) contract using the Multimodal transportation document of 1 (one) point of goods acceptance by the Multimodal transportation operator to a place already determined for that goods delivery.

Paragraph (2)

Self-explanatory. Paragraph (3)

Self-explanatory. Paragraph (4)

Self-explanatory.

Article 166

Paragraph (1)

Self-explanatory.

242 Paragraph . ..

Paragraph (2)

Letter a ·Passenger ticket" shall mean the document containing the infonnation at least:

a.

b.

c.

d. e.

Letter b

number. seat and date of issue; name of Passenger and name of transporter; place, date and time of departure as well as trip destination; number of departure; and declaration that the transporter is subject to the provision of this Law.

"Luggage identification mark" shall mean the mark containing the information at least:

a.

b.

c.

number of luggage identification mark; code of departure place and destination; and luggage weight.

Letter c Self-explanatory.

Paragraph (3)

., Letter a

MGoods transportation agreement" shall mean the valid payment evidence between the goods transporter and goods dispatcher.

Letter b ... 243

Letter b

~Goods loading documenr shall mean the document indicating the type and quantity of goods as well as the place of origin and dispatch destination. The goods transportation with the goods loading document shall not include in the personal goods transportation.

Article 167

Self-explanatory.

Article 168

Self-explanatory.

Article 169

Self-explanatory.

Article 170

Paragraph (1)

MCertain location" shall mean the place of goods transportation supervision conducted efficiently and effectively.

Paragraph (2)

Self-explanatory. Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

244 Article 171 .. .

Article 171 Self-explanatory.

Article 172 Self-explanatory.

Article 173 Self-explanatory.

Article 174 Self-explanatory.

Article 175 Paragraph (1)

·Certain period- shall mean the validity of public transportation organizing permit.

Paragraph (2) Self-explanatory.

Article 176 Self-explanatory.

Article 177 Self-explanatory.

Article 178 Self-explanatory.

Article 179 Self-explanatory.

245

Article 180 . . .

Article 180 Self..,xplanatory.

Article 181

Self-explanatory.

Article 182 Self..,xplanatory.

Article 183 Self-explanatory.

Article 184 Self..,xplanatory.

Article 185

Paragraph (1) ~Certain trajectory" shall mean the trajectory of the person public passenger transportation which is not financially profitable, including the pioneered transportation trajectory.

Paragraph (2)

Self..,xplanatory.

Article 186

Self..,xplanatory.

Article 187

Self-explanatory.

246 Article 188 ...

Article 188

Self-explanatory.

Article 189

Self-explanatory.

Article 190

Self..,xplanatory.

Article 191

Self-explanatory.

Article 192

Self-explanatory.

Article 193 Self-explanatory.

Article 194

Self-explanatory.

Article 195

Paragraph (1)

Self-explanatory. Paragraph (2)

"Collecting additional chargesn shall mean the imposition of additional charge outside the cost already agreed by the goods dispatcher or recipient to the Public Transportation Company due to the goods storage cost due to the goods taking delay.

Paragraph . .. 247

Paragraph (3)

Self-explanatory.

Article 196

Self-explanatory.

Article 197

Self-explanatory.

Article 198

Self-€xplanatory.

Article 199

Self-explanatory.

Article 200

Paragraph (1)

Self-explanatory. Paragraph (2)

Self-explanatory. Paragraph (3)

Letter a

W Road Traffic and Transportation Security national program~ shall be among others:

a. Police is Children's Friend-• b. Safe Way To School;

c. School Security Patrol; d. Traffic Boy Scout;

e. Traffic Partnership; and

248 f. Security . ..

f. Security System Guideline for Public Transportation Company.

Letter b

Letter c

Road Traffic and Transportation Security facility and equipment" shall be among others:

a. Traffic management center; b. call center and hotline;

c. closed circuit television; d. signaling tool for danger; e. Police station; f. demonstration tools: g. panic button.

"Education and training implementation" shall mean among others: a. secure and safe way to

school; b. secure and safe way to

drive.

Letter d

Self-explanatory.

Letter e Self-explanatory .

Letter f

Self-explanatory.

Letterg

Self-explanatory. Letter h

Self-explanatory.

249 Article 201 . . .

Article 201 Paragraph (1)

Self-explanatory.

Paragraph (2) ~I nforrnation provider tool" shall mean the electronic devices containing the information and communication using signal, radio wave andlor satellite wave to provide the information and communication on the occurrence of criminal act, among others the signal lamp, tracing instrument and global positioning system.

Article 202 Self-explanatory.

Article 203 Paragraph (1)

Self-explanatory.

Paragraph (2) Letter a

.. Road Traffic and Transportation Safety national program" shall mean among others: a. Police Goes To Campus;

b. Safety Riding;

c. Traffic Board; d. Traffic Safety Campaign;

e. f. g.

250

Traffic Park; Driving School; Global Road Partnership.

Safety

Letter b ...

Letier b

"T rallic Safety facility and equipment~ shall mean among others the speed monitOring tool and traffic jam monitoring tool.

Letter c Self-explanalory.

Letter d Self-explanatory.

Article 204

Self-explanalory.

Article 205

Self-explanatory.

Article 206

Self-explanatory.

Article 207

Self-explanatory.

Article 208

Self-explanatory.

Article 209

Self-explanalory.

Article 210

Self-explanatory.

251 Article 211 ...

Article 211

Self-explanatory.

Article 212

Self-explanatory.

Article 213

Self-explanatory.

Article 214

Self-explanatory.

Article 215

Self-explanatory.

Article 216

Self-explanatory.

Article 217

Self-explanatory.

Article 218

Self-explanatory.

Article 219

Self-explanatory.

Article 220

Paragraph (1)

Letter a

Self-explanatory.

252 Letter b ...

Letter b Self-explanatory.

Letter c -Legal entity" shall mean an entity (association and so forth) which according to law is acknowledged as legal subject to which the legal right and obligation can be attached such as company, foundation and institution.

Letterd Self-explanatory.

Letter e Self-explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3) Self-explanatory.

Artele 221 Self-explanatory.

Article 222 Self-explanatory.

Article 223 Self-explanatory.

Artiele 224 Self-explanatory.

Article 225 Self-explanatory.

253

Article 226 . . .

Article 226 Self-explanatory.

Article 227

Letter a Self-explanatory .

Letter b "Helping the victim" shall mean the effort conducted to assist and minimize the burden of sorrow of the victim due to Traffic Accident, among others by giving the first aid in the scene and bringing the victim to the hospital.

Letter c Self-explanatory.

Letter d Self-explanatory .

Letter e Self-explanatory.

Letterf Self-explanatory.

Letterg Self-explanatorJ.

Article 228 Self-explanatory.

Article 229

Paragraph (1)

Self-explanatory.

Paragraph (2) Self-explanatory.

254

Paragraph ...

Paragraph (3)

"Minor injury" shall mean the injury causing the victim suffering from the sickness not requiring the hospitalization or besides those classified as major injury.

Paragraph (4)

"Major injury" shall mean the wound causing the victim:

a. suffers from sickness or has no hope for recovery at all or causing the death;

b. cannot continuously perform the position tasks or work;

c. loss of one of the sights;

d. suffers from heavy disability or being paralyzed;

e. suffers from the mental disorder for 4 (four) weeks or more.

f. miscarriage; or

g. suffers from wound requiring the hospitalization for more than 30 (thirty) days.

Paragraph (5)

Self-explanatory.

Article 230

Self-explanatory.

Article 231

Paragraph (1)

Self-explanatory.

255 Paragraph ...

Paragraph (2)

"Force majeure- shall mean the situation in the environment of the accident location that possibly threatening the Driver's safety, especially the riot and the inability of the Driver to give help.

Article 232

Self-explanatory.

Article 233

Self-explanatory.

Article 234

Paragraph (1)

"Being responsible" shall mean the accountability adjusted to the error level due to negligence.

~Third party" shall mean:

a. person being outside the motorized Vehicle; or

b. authority being responsible for Road as well as the Road Traffic and Transportation facility and Infrastructure.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Letter a

"Force majeure- shall include the technical condition that is unavoidable by the Driver such as the sudden movement of person andlor animal.

Letter b ... 256

Article 235

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Paragraph (1)

Giving assistance in terms of medication expenses shall mean the assistance of expenses provided for the victim, including the medication and treatment based on humanity feeling.

Paragraph (2)

Self-explanatory.

Article 236

Self-explanatory.

Article 237

Paragraph (1)

Self-explanatory.

Paragraph (2)

"Vehicle crew" shall mean the Driver, spare driver, conductor, and co driver.

Article 238

Self-explanatory.

Article 239

Self-explanatory.

257 Article 240 ...

Article 240

Self-explanatory.

Article 241

Self-explanatory.

Article 242

Paragraph (1) ~

"Special treatmenF shall mean the giving of easiness in terms of physical and non physical facilities and infrastructure in general as well as information needed by the disabled person, old age person, children, pregnant women and sick person for the equal opportunity.

Paragraph (2)

Letter a

Self-explanatory.

Letter b

"Service priority" shall mean the priority of giving the special service.

Letter c

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 243

Self-explanatory.

Article 244

Self-explanatory.

258

Article 245 ...

Article 245

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Letter a

"Road infrastructure sector" shall mean among others the information on: 1. Road network; 2. Road condition and bridge; 3. Road and bridge service

level;

4. complementary building; 5. Road maintenance; and 6. Road construction;

Letter b

.. Road T raffie and Transportation facility and Infrastructure sector" shall mean among others the information on: 1. transportation network; 2. Terminal; 3. trajectory permit; 4. 5.

6. 7.

Road equipments; regulation on instruction and restriction; motorized Vehicle testing; motorized Vehicle weighing tool; and

8. supporting facility.

letter c .. . 259

Letter c

~Registration and identification sector of motorized Vehicle and Driver, Law Enforcement, Traffic Management and Engineering Operational as well as traffic education" shall mean among others the information on: 1. motorized Vehicle

and

2.

3. 4.

5.

6.

7.

8.

registration identification;

Traffic accident;

Traffic violation;

Traffic situation condition;

and

one stop integrated administration;

Police Traffic Management and Engineering; Police traffic operational management;

traffic education; and 9. service, reporting to and

complaint of the community. ~Operational management" shall mean the movement management in Road Traffic and Transportation system among others the arrangement, safeguarding, escorting, patrol, control, coordination, communication and infonnation in Traffic and Road Transportation.

Article 246 ... 260

Article 246 Self-explanatory.

Article 247 Self-explanatory.

Article 248 Self-<oxplanatory .

Article 249 Paragraph (1)

Letter a Self-explanatory.

Letter b Self-explanatory.

Letterc Self-explanatory.

Letter d Self-explanatory.

Letter e ~Community service center" shall mean the forum functioning as the information provider and the community communication facility in Traffic and Road Transportation.

Letterf Self-explanatory.

Paragraph (2) Self-explanatory.

Paragraph (3)

Self-<oxplanatory .

261

Article 250 ...

Article 250

Self-explanatory.

Article 251

Self-explanatory.

Article 252

Self-explanatory.

Article 253

Self-explanatory.

Article 254

Self-explanatory.

Article 255

Self-explanatory.

Article 256

Self-explanatory.

Article 257

Self-explanatory.

Article 258 Self-explanatory.

Article 259

Self-explanatory.

262 Article 260 . . .

Article 260 Self-explanatory.

Article 261 Self-explanatory.

Article 262

Self-explanatory.

Article 263

Self-explanatory.

Article 264 Self-explanatory.

Article 265 Paragraph (1)

Self-explanatory.

Paragraph (2) MPeriodicaln shall mean the inspection conducted jointly for the efficiency and effectiveness for non repeated inspection hampering the community. Mlncidentar shall mean including the act of the officer to the violation being caught, implementation of operation of the police with the target of Road Traffic and Transportation Security, Safety I Orderliness and Smoothness, as well as violence handling.

Paragraph (3)

Self-explanatory.

263 Article 266 ...

Article 266

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

"Certain condition- shall mean the improvement of among others:

a. Traffic violation and Accident rate on the Road:

b. criminal rate relating to Motorized Vehicle;

c. quantity of Motorized Vehicle not fulfilling the technical and Road worthiness requirements;

d. in-adherence level of the owner and/or businessmen in the transportation to conduct the testing on Motorized Vehicle at the times;

e. rate of violation on public transportation permit; and/or

f. rate of violation on goods transportation load surplus.

Paragraph (4)

Self-explanatory.

Article 267

Self-explanatory.

Article 268

Self-explanatory.

264 Article 269 . ..

Article 269 Self-explanatory.

Article 270 Self-<>xplanatory .

Article 271 Self-explanatory.

Article 272 Paragraph (1)

"Electronic equipment" shall mean the tool to record the occurrence to save the information.

Paragraph (2) Self-explanatory.

Article 273 Self-explanatory.

Article 274 Self-<>xplanatory.

Article 275 Self-explanatory.

Article 276 Self-explanatory.

Article 277 Self-<>xplanatory.

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Article 278 ...

Article 278

Self-explanatory .

Article 279

Self-explanatory.

Article 280

Self-explanatory.

Article 281

Self-explanatory.

Article 282

Self-explanatory.

Article 283

Self-explanatory.

Article 284

Self-explanatory.

Article 285

Self-explanatory.

Article 286

Self-explanatory.

Artcle 287

Self-explanatory.

266 Article 288 ...

Article 288

Self-explanatory.

Article 289

Self-explanatory.

Article 290

Self-explanatory.

Article 291

Self-explanatory.

Article 292

Self-explanatory.

Article 293

Self-explanatory.

Article 294

Self-explanatory.

Article 295

Self-explanatory.

Article 296

Self-explanatory.

Article 297

Self-explanatory.

Article 298

Self-explanatory.

267 Article 299 ...

Article 299

Self-explanatory.

Article 300

Self-explanatory.

Article 301

Self-explanatory.

Article 302

Self-explanatory.

Article 303

Self-explanatory.

Article 304

Self-explanatory.

Article 305

Self-explanatory.

Article 306

Self-explanatory.

Article 307

Self-explanatory.

Article 308

Self-explanatory.

Article 309

Self-explanatory.

268 Article 310 . ..

1

Article 310

Self-explanatory.

Article 311

Self-explanatory.

Article 312

Self-explanatory.

Article 313

Self-explanatory.

Article 314

Self-explanatory.

Article 315

Self-explanatory.

Article 316

Self-explanatory.

Article 317

Self-explanatory.

Article 318

Self-explanatory.

Article 319

Self-ex;:>lanatory.

Article 320

Self-explanatory.

269

Article 321 ...

Article 321

Self-explanatory .

Article 322

Self-explanatory.

Article 323

Self-explanatory.

Article 324 Self-explanatory.

Article 325

Self-explanatory.

Article 326

Self-explanatory.

SUPPLEMENT TO THE STATE GAZETIE OF THE REPUBLIC OF INDONESIA NUMBER 5025

I, Rahml Yunari All, 55, an authorized and sworn translator, by virtue of Decision of Govemor of DKI Jakarta No. 223812004, do hereby declare that on this day Tuesday, May 18, 2010, I make the translation of this document in accordance with the Indonesian version thereof.

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