Dog Lovers And FAKTA Will Sue The DKI Kadishub Decree Regarding Prohibition Of Bringing Dogs To The CFD Area
JAKARTA - Chairman of the Jakarta City Citizens Forum (Fakta) and representatives of Dog Lovers, Azas Tigor Nainggolan, will file a lawsuit related to the Decree of the Jakarta Kadishub regarding the prohibition of animals from the Motor Vehicle Free Day (HBKB) or Car Free Day (CFD) activities.
"Dog lovers will sue the Jakarta Kadishub SK," said Azas Tigor when confirmed by VOI, Friday, October 14.
His party has also made a petition regarding the refusal to prohibit bringing dog animals to HBKB or CFD activities as written in the DKI Jakarta Kadishub Decree.
Meanwhile, the petition for support regarding the lifting of the ban has been followed by more than 3 thousand dog lovers in Indonesia.
"The decree on Kadishub (banning dogs in HBKB activities) is not strong, it is flawed (law) is prohibited. Why is it flawed (law), because there is no legal umbrella," he said.
It is known, the prohibition on bringing animals to CFD is regulated in the Decree (SK) of the Head of Transportation and Transportation Agency Jakarta No: e-0077 of 2022 concerning Technical Guidelines for the Implementation of HBKB in Jakarta which was issued on June 22, 2022.
In the decree, Kadishub refers to seven legal grounds for compiling Technical Guidelines for the Implementation of HBKB, one of which is Law (UU) Number 22 of 2009 concerning Road Traffic and Transportation.
Another legal basis is the Special Regional Regulation (Perda) of the capital city of Jakarta Number 2 of 2005 concerning Control of Air Pollution, as well as the special regional regulation for the capital city of Jakarta No. 5 of 2014 concerning Transportation.
The technical instructions also refer to Perda No. 8 of 2007 concerning Public Order, Governor Regulation (Pergub) No. 12 of 2016 concerning the Implementation of the HKB, Governor's Decree No. 545 of 2016 concerning Determination of the HBKB Location, and Governor's Decree No. 509 Tahn 2016 concerning the HBKB Working Team.
"The letter prohibiting Kadishub is not a rule of law, not a legal source. The decree from the Kadishub is not known. In the 7 rules there is no prohibition against carrying animals," he explained.
Azas Tigor assessed that in making a ban there must be a clear legal basis.
"He has never socialized and communicated publicly, there is no RDPU. If you make a rule, you have to do that step. Because (SK Kadishub) is not a rule of law, yes, that's not true," he said.
Azas Tigor stated that the Kadishub could not arbitrarily make regulations because this was a state of law.
"He made the basis for using the 7 rules but in the 7 rules there is no prohibition on bringing animals to CFD. There is no article referring to the Head of Transportation to make a decree on the prohibition of bringing animals. Even in the 7 prohibitions, the Satpol PP actually enforces it, but the one who reprimands is the Transportation Agency. Yes (the authority of the Satpol PP should be) Tibum, Kadishub doesn't understand," he said.
JAKARTA - Azas Tigor as the representative of Dog Lovers in Indonesia hopes that the DKI Provincial Government will allow dog lovers to bring their favorite animals when visiting HBKB or CFD in Jakarta.
"Hope is allowed, because there are no legal regulations that prohibit it. There is only a ban on decrees from Kadishub, and that is not law, not strong. His name is arbitrary and does not understand the law, making a ban like that," he concluded.
Previously, it was reported that the Head of the DKI Jakarta Transportation Agency, Syafrin Liputo, admitted that the ban on bringing pets during car free day (CFD) in Jakarta had been in effect since last July. The prohibition on bringing these pets comes into effect when the CFD is held again after being temporarily suspended due to the COVID-19 pandemic.
"Based on the actual decree, it has existed since July. And socialization has been carried out. There are even prohibition zones, red zones, yellow zones, green zones for street vendors. Then we carry out surveillance, even people who check music are too loud, that's also prohibited," Syafrin told reporters, Wednesday, October 12.