JAKARTA - Regulation of the Minister of Transportation (Permenhub) Number 18 of 2020 concerning Transportation Control in the Context of Preventing the Transmission of COVID-19 is considered ambiguous.
This is because the new regulation issued by Plt Menhub Luhut Pandjaitan allows private motorbike drivers and online motorcycle taxis to carry passengers during the Large-Scale Social Restriction (PSBB) period. In fact, previously the Minister of Health, Terawan Agus Putranto, had issued a regulation prohibiting ojol from carrying passengers. This legal reference is also used by the Governor of DKI Jakarta Anies Baswedan in the PSBB in DKI.
According to the Head of Advocacy and Community Affairs, the Indonesian Transportation Society, Djoko Setijowarno, there appears to be an article that prioritizes business affairs because it is not in accordance with the ministerial level regulations that have been issued previously.
"There is an ambiguous impression in Article 11 of Permenhub Number 18 of 2020. It seems that this article was made to accommodate the business interests of online transportation applicators," said Djoko when confirmed by VOI, Sunday, April 12.
Article 11 of the Permenhub states, in order to serve the interests of the public and for personal interests, motorbikes can carry passengers provided that they must comply with health protocols.
In fact, Article 15 of the Minister of Health Regulation Number 9 of 2020 concerning PSBB Guidelines for the Acceleration of Handling Covid-19 states, online motorcycle taxis can only operate to transport goods, not people.
"In fact, the request for online motorcycle taxi drivers to be able to carry passengers clearly violates the essence of maintaining physical distance or physical distancing," said Djoko.
If later Permenhub can legalize ojol carrying passengers, Djoko will question who the officers can supervise in the field. Then, whether these provisions will be obeyed by motorbike drivers and passengers or not.
"The government must provide additional personnel and budget to complement the procurement of checkpoints. It must be complicated and impossible to properly monitor in the field," he said.
In fact, the DKI Jakarta Provincial Government and online motorcycle taxi applicators such as Go-Jek and Grab have complied with the PSBB regulations, by deactivating the passenger feature in the application. In this way, Djoko is sure that the people will obey the rules.
However, if ojol bringing passengers back is applied, it will create the impression of discrimination. "There will be other modes of transportation jealousy. There is no guarantee that online motorcycle taxi drivers will obey the rules, so the rules for applying physical distancing to the use of motorbikes will not materialize," he said.
Therefore, Djoko urged Plt Minister of Transportation Luhut Pandjaitan to revoke and revise Minister of Transportation Regulation Number 18 of 2020 so that it no longer overlaps with the regulations of the Minister of Health.
"Ignore the misleading momentary business interests. Prioritize the interests of the general public for the immediate completion of the spread of the corona virus outbreak which is quite tiring and consumes the energy of this nation," he said.
For information, the Ministry of Transportation (Kemenhub) has issued regulations for controlling transportation during the COVID-19 epidemic. Broadly speaking, this rule does not seem much different from Permenkes 9 Number 2020 which regulates the guidelines for implementing the PSBB.
However, Article 11 paragraph 1 of the Permenhub states that application-based motorbikes are allowed to carry passengers. Spokesperson for the Ministry of Transportation, Adita Irawati, said that the Minister of Transportation was made based on the real conditions today.
"This regulation was made with the current conditions. The government should pay attention to the developing dynamics, evaluate it from time to time," said Adita.
To be able to transport passengers, online motorcycle taxi drivers must follow the health protocol that was in effect during the PSBB. "Motorbikes for activities (transportation) in accordance with the PSBB must of course use masks, gloves, and disinfect vehicles and equipment before and after delivery," explained Adita.
In addition, online drivers are asked not to drive if they are sick or if their body temperature is above normal.
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