Arrangement Of 13 PKL Points On The Sidewalks And Obstructions

JAKARTA - The plan to place street vendors (PKL) on the sidewalks has been raised by DKI Jakarta Governor Anies Baswedan since three months ago. As a follow-up, the DKI Jakarta Micro, Small and Medium Enterprises (UMKM) Agency plans to place street vendors at 13 points along Jalan Sudirman to MH Thamrin, Central Jakarta.

The determination of this point is determined from the activities of the community who use the sidewalk to walk along the road and in and out of the MRT station.

"Along the road, there is no facilitation for the needs of the community. Oriented from there, let's try to put the points (placement of street vendors). At a minimum, he can get a drink," said Head of DKI UMKM Department Adi Ariantara at City Hall, Gambir, Jakarta. Center, Thursday, November 21.

However, the study did not stop there. In determining PKL criteria, the DKI Provincial Government uses PUPR Ministerial Regulation No. 3/2014 on Guidelines for Planning the Provision and Utilization of Infrastructure and Pedestrian Networks in Urban Areas.

Article 13 Paragraph (2) Permen PUPR states, the use of pedestrian network infrastructure is only permitted for the use of social and ecological functions in the form of cycling activities, social interactions, formal small business activities, exhibition activities in open spaces, green lanes, and pedestrian facilities. .

Thus, the DKI Provincial Government will not involve street vendors with merchandise that could potentially damage the sidewalk facilities that will be used.

"In the future, we will study the filling of the simplest booth without tents and cooking activities. Then we are also reviewing the procurement of finding machines," he said.

"We are also examining the potential of the community there. We should not put a point that does not sell. That is not a coaching name," he added.

However, from all studies based on the legal basis of the ministerial regulation, the DKI Provincial Government is still hampered by higher regulations, namely Law Number 22 of 2009 concerning Road Traffic and Transportation (LLAJ Law).

Seeing the contents of Article 28 paragraph (2) of the LLAJ Law, every person is prohibited from committing an act that causes interference with the function of the sidewalk as one of the road equipment.

This rule is what makes the DKI Jakarta Provincial Government to be still struggling with the legal legality study of the policy of placing street vendors on the sidewalks.

"So, I said, we continue to study the legal aspects, the technical aspects we may have entered, but of course we are still discussing this legal aspect to make it more mature," said Adi.

Separately, the founder of the Pedestrian Coalition, Alfred Sitorus, considers that the reference for making ministerial and regional head regulations comes from the Law. So it is clear, the legal position of the Law is higher.

What is worried about Alfred is that there is a lawsuit coming from other parties because they feel that pedestrian rights are being taken over by street vendors.

"The fear is that the police agencies and the DKI Jakarta Provincial Government are mutually egosectoral over the rules they hold in taking action. In fact, there will be some who will sue, have a firm grip on which PUPR candy or the LLAJ Law," said Alfred when contacted by VOI.

From the rules of the PUPR Permen, Alfred saw Anies claiming that the Provincial Government would be able to neatly arrange the location of street vendors on the sidewalk. But the fact is, law enforcement on illegal street vendors on the sidewalks is still weak.

"Street vendors are allowed or not only to sell on the sidewalk, sometimes pedestrians find it difficult to access the sidewalk. From that condition, the community's apathy is actually high enough with the difficulty of controlling street vendors on the sidewalk," he said.