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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
8
9
ELUCIDATION of
Law of Republic of Indonesia Number 22
Year 2009 Conceming Road Traffic and
Transportati on
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 . o a ~ 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.
. 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
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.
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
improve the public welfare. strengthen the natIonal
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.
t
he movement act activity of the Vehicle, person andlor
goods in the Road;
the activity using the facility, and facility
supporting the Traffic and Road Transportatton; and
the activity relating to the and 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
Transportation system which network IS located In
the Municipal/City territory;
b.
c.
the providing of extension, training,
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 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 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
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 ~ a d
a. that can be passed by the Vehicle with the WIdth
size not exceeding 2,500 (two thousand ~ v e
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,
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
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 re-
registration 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
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
identification and owner identification,.
specification, testing result and testing result validity.
The periodical testing sign as referred to in (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
upon the suggestion of the for 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 (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 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
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
the owner shall be provided with the Bukti
Kendaraan Barmator (Certificate Of Motor
Vehicle . Ownership», Motorized Vehicle Numbering
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 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.
Arti cle 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)
(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.
~ a c h . 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 attended by the person already possessin
the Dnvlng license for the individual motorized VehiCle.
g
Paragraph 2
Driver Education and Training
Article 78
The and training on the driving shall b
by the institution obtaining the permit
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 g p
. 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
and criteria stipulated by the Ministe 1
being responsIble for the facilities and infrastructure of th r
.Traffic and Transportation as well as
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 in accordance with the
of the legIslation.
Article 79
the driving or taking the driving practice
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
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 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
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
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 ~ r a g r a p h
(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;
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
andl or 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
Traffic impact analysis findings as referred to in
99 paragraph (3) shall be approved by the authority
ra a '"9 to the Traffic and Road Transportation.
Article 101
on 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
give priority to the safety of the Pedestrians
ers.
Any person driving the motorized Vehicle on the Road
shall 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
for coupling and sticking
Vehlc/e.
to other
UPO
h
" the inspectIon of Motorized Vehicle on the Road

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; andl or
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.
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 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
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
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 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 Vehi cle 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 ;
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
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? the Passengers;
disembarking an em t . ed Vehicle not
b.
c.
d.
e.
f.
s Non moonz
intending to I the animal being ride on or
pulled by the amma ,
the herded animal;
rain and/or water 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

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 an
destination without the proper and urgent reasons,
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
(1), Ihe Pedestrian shall be enlilled 10 go
across In the place chosen by taking into account the self-
safely.
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 criteria as
follows:
a.
ratio motorized Vehicle Traffi c 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 C usl,n
g
p
the motorized Vehicle
yc e, assenger Car or bus,
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
•. geographical condition and r;ad
In the province/municipalityl city is
no sufficIent;
b,
c,
for the mobilization or training of Indo .
I
Nadtional, Army and/or Police of State of
n ones/a; or
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 (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, regional-
owned 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 network-
suitability 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 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
,to 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
d. urban trajectory network; and
e. rural trajectory network.
Trajectory 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 faci lities 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 inter-
province 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
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 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,
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) 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
provisions on goods transportation by public motorized
vehicles shall be governed by the regulation of the Minister
whose 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
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 own-
identity 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 consisti ng 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 transportation not in
trajectories
Article 179
for transportation not
letter b shall be In article 173 paragraph (1)
a. whose responsibility is in the field of
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 for taxi transportation which
area exceeds 1 (one) re en /
municipality territory within 1 (one) provinc2. cy
c.
d.
'[he of special region of Jakarta capital
or taxI. transportation and specific area
which operational areas located
the .territory of special region of Jakarta
caPI a province; and
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 non-
economic 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 c o m ~ a n y 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 of public
transportation organizers as referred to In (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 arti cl es
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 Transportati on 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 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 on
Road Traffic and Transportation safety as to In
203 paragraph (2) and the obligations of a Public
m an to develop, implement, and Improve the e
system as well as the requirement a 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
O
bservation 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
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 to prevent any air pollution
transportation are requ r
and noise from occumng,
Article 212
, f a motorized vehicle and public
Any owner andlor dnve;e to repair their vehicles when
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 . I' , environment
to maintain the IVlng , ,
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,
, development program of an environ men a n
Road Traffic and Transportation ,
Build and develop an environmental Road
ffi d T
ransportation 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; andl or
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 as e
smoothness of traffic and road transporta Ion
e. Road Traffic and Transportation .
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 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, 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 t r ~ f f i c 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, andl or public
transportation companies shall assume the responsibility
for any losses suffered by passengers andlor goods
owners andl or 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; andl or
C. It is caused by a movement of an individual and/or
animal although it has been taken a preventi ve
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 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
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 victims are entitled to receive first aid and
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
transportation companies who do not fulfill th
to provide service facilities and infrastructure
e I.sabled, old age people, children, pregnant women
and people as. referred to in article 242 paragraph l'
be Imposed with administrative sanctions in the
a. written warning
b. administrative penalty
c. suspension of license; and/or
d. revocation of license.
(2)
provisions on the criteria and procedure for
Imposing such administrative sanctions as referred to in
(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
sffjecurity, safety, orderliness, and
o ra IC and road transportal'
information and communication sys'Ote"'
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. Q u i ~ 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 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 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
:;affiC and Transportation criminal
a. of the State POlice of Rep bl '
Indonesia U Ie of
b. assigned the special
aw.
of Republic of Indonesia
P
aragraph (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
besides those provided th:
of Indonesia in 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; andl or
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 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 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. motorized Vehicle license. motor
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, 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
objects can be conducted at the offices of Police of
Republic of Indonesia, at regency prosecution offices, at
district court, and in compelling situations at other
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 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
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 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 and
traffic accidents as d . cause such
resulting In minor 24 paragraph (1)
andlor goods h II b or amage to vehicles
maximum ot" with imprisonment al the
maximum amount of R
S
x months or penalty at the
rupiah). p 12,000,000 (twelve million
acts as referred to in section (1)
punished with th be
(one) year or penalty at the m: penod of 1
24,000,000 (twenty-four million 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 drives a motorized vehicle abnormally on the road
and commIts 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, 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
mirrors, hom, head/amp, brake lamp,
dIrection light renecting device, speedometer,
muffler, and tire thread depth as referred to in article 106
paragraph (31 juncto . articte 48 paragraphs (2) and (3)
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,
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 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 is
not equipped with Motorized Vehicle license or
Vehicle trial certificate designated by State pohce of
Republic of Indonesia as referred ,to 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 fails
to show a valid driving license as 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, ,cargo
truck, coach trailer, and attached ?Oach Which IS.
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
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 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 ,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 holds
onto a motorized vehicle to be pulled, pulling such objects that
can harm other road users, and/or use a vehicle road lane
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. loading and referred to in
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 (five hundred thousand
at the maximum amount of Rp •
rupiah).
Article 306
d' hlcle which is not equipped
Anyone driving a cargo forwar v: referred to in article 168
with cargo and travel s d
a
with imprisonment at the
para.graph (1) shall bt or penalty at the maximum
maximum penod °OfOOl hundred and fifty thousand rupiah).
amount of Rp 250,
Article 307
' I f cargo public transportation
Anyone driving a 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 .
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 m) 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 h i ~ e r
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
Anyone who does no . 'cle 237 shall be punished With
passengers as referred !O In artl. of 6 (six) months or penalty
at the maxlmfuRm 000 (one and a half million
at the maximum amount 0 p, ,
rupiah).
Article 314
In addition to Imprisonment
traffic crime wrongdoer 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
company, the
be imposed on such public transpo a Ion
managing board.
t criminal act is committed by a public
then
imposed on managing oa t th
paragraph (1), it shall also bthe
maximum of 3 (three) times .an su
determined in each article of thiS chapter.
In addition to penalty imposition, the public
m an can also be imposed with an extra
f:rm of temporary suspension or on the
transportation business license for the vehicles that It
uses.
Article 316 . ..
185
(1 )
(2)
Article 316
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.
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
implemented by the drivers education and
tralnmg 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 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
Road Traffic and Transportation into the Road I.C an f
Transportation shall be one integral system consisting °d
affic road transportation, Road Traffic
Network, Road Traffic and Transportation
Infrastructure, Vehicle, Driver, Road User as well as the
management thereof.
In the frame of anticipating global
environment development reqUlnng na
perSistence to compete In the global competlt,lon aS
r

as to fulfill the new paradigm demand the
better transparent and accountable service f ..
this Law various vIsionary
breakthroughs and the quite Significant If
compared to tlie Law Number 14 Year 1992 regar Ing
Traffic and Road Transportation.
This law is based on the spirit that the
organizing of Road Traffic and s a
rformed by the coordination of the administrators an
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
ad hoc board functioning as the instrument to
the main task and the function of each. authonty
or anizing the Road Traffic and Transportation In
of analyzing the problem, bridging, finding
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 : r a ~ 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
Identification of motorized VehicJe and Driver
Payment of Taxes of motorized Vehicle 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 to open remote area
ensuring the pioneered R d this Law remains
effort of economic activl"ty ransportatJon service in the
Improvement.
To ensure the realization on
Transportation organizing fulfil/' th Road Traffic and
standard, this law arran I 109 e and security
and periodical testing of the .techmcs! requirements
of motorized Vehicl motonzed Vehicle. Each type
Accident and environ e potentla"r 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 thiS law norms
to ensure the availability of the Government
and affordable public transport ti a e, secured, convenient
may involve the private : 0"1' and 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 princlple
ft
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.
Ml ndependence 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

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
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 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
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
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.
~ S i z e · 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 deSignation-
shall 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 s a f e t y ~
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
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 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 shall mean
among others tractor, stoomwaltz, forklift,
loader, excavator, bulldozer and crane.
Self-explanatory.
Letter e

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
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 of road, among
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 fil ing 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 m a r k ~ 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 f a c m t y ~ 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
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.e-
shall 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 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 transportation
n
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)
~ D o o r 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
P O S S I ~ l y 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
~ G o o d s 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)
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 charges
n
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 p r o g r a m ~ 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)
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
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.
~ T h i r d 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
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.
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
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)
MPeriodical
n
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 . ..
Arti cle 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.
Arti cle 276
Self-explanatory.
Article 277
Self-<>xplanatory.
265
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.
270