PRINCIPLES INTEGRATION OF
LEGAL CERTAINTY AND JUSTICE IN PUBLIC TRANSPORTATION RATES POLICY
Tiyara Parengkuan*, Fauzi Yusuf Hasibuan
Faculty of Law, Universitas Jayabaya,
Jakarta, Indonesia
e-mail: [email protected]*
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Article
Information |
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ABSTRACT |
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Received:
December 28, 2022 Revised:
January 7, 2023 Approved:
January 14, 2023 Online:
January 27, 2023 |
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Online and conventional-based public
transportation rates can be adjusted to possible fairest calculation by considering
mileage, gasoline, and spare parts maintenance, this is as well as by
primarily paying attention to and considering the driver partners who are
members of it. Those circumstances will create effectivity and efficiency in
order to have stable economy for Indonesia and the people. This study uses a
normative juridical approach with the specification of the research is
descriptive analytic. The results of
the study show that the conformity policy concept of economic income in
transportation businesses of both online-based public transportation and
conventional public that integrates the principles of legal certainty and
justice must carry out a reconstruction of the provisions of Article 183
paragraph 1 of Law no. 22 of 2009 concerning Road Traffic and Transportation. |
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Keywords |
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integration; Principles of Legal Certainty and Justice;
Public
Transportation Rates Policy |
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INTRODUCTION
Calculation of both online
public transportation rates and conventional public transportation is obtained
from mileage taking into account fuel, vehicle facilities, and maintenance of
vehicle spare parts which are accumulated at the upper and lower limit rates
that have been enacted in Law no. 22 of 2009 concerning Road Traffic and
Transportation.
If there is a reconstruction of Article 183 paragraph 1 of Law no. 22 of
2009 concerning Traffic and Road Transportation, which contents are to take
over completely toward calculation, determination, and enactment of rates in
the public transportation sector both online and conventional, then there will
be effect on online public transportation business such as Grab Car, Go Jek,
Maxim, and InDriver. Based on the reconstruction, their riders and drivers
which are called as partners are no longer in their confinement because they do
not have a legal protection to collect 20% (twenty) percent commission from
those partners, because the partners invest themselves in those online public
transportation business; fuel, spare parts, quota, insurance, and others are
genuinely from the partners. This situation is categorized as individual
business that is subjected to personal income tax.
The substance of determining
online and conventional-based public transportation rates which in line to the
principles of legal certainty and justice should be able to provide equal
welfare opportunities to all Indonesian.
The need for legal
provisions and legislation in the field of online-based public transportation
that are more specific with online and conventional-based public transportation
rates adjustments is an urgent legal realm for the prosperity of all
Indonesian. At present the people are very enthusiastic about having and running
businesses independently via managing and using the business opportunities as
partners of online-based public transportation.
This needs to be supported
by a strong legal protection in reforming all legal provisions and statutory
regulations in which the legal reflexivity must contain the interests of all
Indonesian; for those whose belong to public transportation business both in
online and conventional by paying attention to the law accordance hierarchy.
The scale of justice varies
greatly from place to place. Each scale is defined and fully determined by
society in accordance with the existing public order (Santoso, 2012;
Tapia-Hoffmann, 2021a), as the law aims to facilitate humans to a fair,
prosperous, and happy life (Nasir et al., 2022;
Rahardjo, 2009). Likewise, with the determination of both online and
conventional-based public transportation rates, the balance in determining the
rates is essentially to achieve social justice for the benefit of all
Indonesian.
Rates are defined as the
price of transportation services paid by users (Adisasmita, 2015; RUSCHE
et al., 2021). The difference in rates between online and conventional
public transportation can result to social inequality. This makes it difficult
to achieve social justice in the national economy for the welfare development
of all Indonesian. Therefore, it is necessary to have legal certainty that will
lead society to regularity (Gunarsa & Sidharta,
2013; Tapia-Hoffmann, 2021b).
Legal certainty refers to
the implementation of the order of life which in practice is transparent,
orderly, consistent, consequential, and cannot be influenced by subjective
circumstances in people's lives (Eliantonio & Dragos,
2022; Susanto, 2014) so that rates conformity
will provide a clear balance if it is based on legal certainty of laws and
regulations no. 22 of 2009 concerning Road Traffic and Transportation.
The policy theory formulated
by Federick defines policy as a series of actions or activities proposed by a
person, group, or government in a certain environment where there are obstacles
or difficulties and opportunities for implementing the proposed policy in order
to achieve certain goals (Agustino, 2008; Wiryawan,
2020). One of the main keys to quality policy management
is the high intensity of public participation. Dialogue with the public is the
truth of a policy and it is the main means for policies that are ready to be
used (Chevalier, 2021;
Sinambela, 2008).
The policy contained in the
Law Number 22 of 2009 is only lex
specialist in the rates suitability sector, but comprehensively can reach
all layers of the legislation provisions in lex
generalist manner to be beneficial to create a legal certainty that aims to
realize social justice for all.
Online-based transportation
is substantly an engagement. Parties related to this type transportation are
application service providers, drivers, riders, merchants, and consumers (Giaoui, 2019), in this circumstances, as a result, the government
must play a role in protecting its citizens and providing legal certainty for
all parties join in the transactions (Pérez González, 2019;
Wicaksono, 2017) considering the legal
concept is oriented to the idea of law namely formal justice, legal certainty,
and expediency (Giaoui, 2019; Spaak, 2009).
METHODS
This
research used normative legal research or dogmatic law research. The approaches
used were statute approach, case approach, historical approach, comparative
approach, and conceptual approach. The data were from secondary data in the
form of literature and legal materials such as laws and regulations, research
results, web sites, scientific journals, as well as literature related to
policies regarding online and conventional based public transportation rate
determination. In addition, researchers also conducted interviews not only with
passengers and companies of both online and conventional public transportation,
but also the Indonesian Consumers Foundation.
Qualitative
normative analysis was the technique used, namely research by describing the
conditions and facts about object of the research. The data obtained were
described in accordance with the main issues that were studied qualitatively juridical.
The legal facts obtained were analyzed with various relevant laws and
regulations, in addition some theories and doctrines, or expert opinions also
used to find answers of the issues discussed.
RESULTS
Indonesia's trade
liberalization policy is about a balance between internal and external factors.
This accommodate some economic interests such as the process of production,
consumption, and distribution of mass people in the country, it also deals with
foreign parties such as international trade along with its institutional
aspects and international agreements (Pratiknya, 1999;
Yetniwati, 2016), Basic rules of international economic law refers to
2 (two) main principles of freedom, namely freedom of communication and freedom
of trade (Gunarsa & Sidharta,
2013).
The development of Indonesia
national law is implicitly reflects a growing process of social change towards
modernization which is packaged in an orderly and continuous legislation
process by incorporating socio-cultural aspects that support the intended
direction of change (Atmasasmita, 2003).
Online-based public
transportation business, which at some point, face ultimately legal dispute
because an existing issue of unfair competition and monopolizes market share in
public transportation businesses. This issue appear because a believe that
consumers feel more comfortable, safe, efficient, and effective in terms of
time, costs, and effort when using online-based instead of conventional public
transportation.
The legal policy regarding
determining appropriate rates between online-based and conventional public
transportation is needed. This is in view of the services provision in public
transportation modes when dropping off and picking up passengers of these
public transportations, so that legal policies regarding rate provisions that
are equal with the distance traveled on the travel route. Public transportation
accommodations with existing vehicle facilities can impact revenue gains for online-based public transportation entrepreneurs
with conventional public transportation companies which are principally
oriented towards State-Owned Enterprises (BUMN). In this way, economic
stability will automatically occur in state revenues both in the taxation
sector and/or in all other sectors to advance national development based on
Pancasila and the 1945 Constitution in realizing legal certainty.
The ongoing gap that has
occurred so far between companies of online and conventional -based
transportation will find appropriate settlement if there is a suitable policy
to accommodate the above issue; a legal policy to determine proper rates of the
two public transportation routes with the creation of a statutory provision
legislation adapted to the situation and travel conditions to realize legal
certainty.
Therefore, it is important
to create certainty of laws and regulations that can be enforced by applying
flexibility of adjustments in the application of existing conventional public
transportation laws based on Law No. 22 of 2009 concerning Road Traffic and
Transportation. The law is the basis for legal renewal to gain economic
progress in the field of nowadays public transportation: online and
conventional. In addition, the law is also as a form of law enforcement and a
means to avoid unfair business competition in both transportation modes.
In implementing a policy of
determining rates for online and conventional-based public transportation, it
must be matched with the current situation of social justice that has been
created and enforced in advance in the provisions of Law no. 22 of 2009
concerning Road Traffic and Transportation. The law is clearly stipulates that
public transportation rates are well accommodated and in line with law and
justice, this will provide the widest possible benefit in the correctness of
rearranging the existing laws regarding public transportation in Indonesia
which is based on social justice.
In
adjusting rates for online and conventional-based public transportation,
especially regarding rates that not on
routes or in the form of online or conventional taxis, which are not only
concerned with improving the internal requirements of each of these
online-based public transportation application companies such as GrabCar, Go
Jek, Maxim, and In Driver regarding the Due Diligence Test in the form of KIR
and Business Permit Cards in the field of online-based public transportation
such as KSEP, but it is necessary to prioritize the school of business
sociology in determining rates that are specifically determined by a public
transportation company which business license is in accordance with Law No. 22
of 2009.
Thus, in order to achieve a
balance in determining the application of online and conventional-based public
transportation rates which travel routes are not in the form of taxis, or those
in routes with phenomena and conditions and situations in the field of public
transportation work, it is necessary to be controlled by the Government to
provide a legal certainty that synchronizes with a Limited Liability Company
provision. This can attract every online-based public transportation
application company to be a market place that no longer untouched by the
provisions of Law No. 22 of 2009. Legal truth can be created as fairly as
possible in this booming land transportation sector. This is in line with the
high level of public demand for public domain that is safe, effective,
efficient, comfortable, and low-cost online-based public transportation. So for
the current discourse to avoid predatory pricing or business characteristics
that will shut down the same type of business in their field, conventional
public transportation really needs legal provisions that are as fair as
possible.
As a
new discourse in adjusting rates for online and conventional-based public
transportation, the control over the
determination of rates is no longer referred to in the provisions of Article
183 paragraph 1 of Law No. 22 of 2009 concerning Road Traffic
and Transportation, namely the determination of public transportation rates is
determined by public transportation
companies with the approval of the Government of the Republic of Indonesia,
this matter must be taken over as a whole and in full by the Government. The
goal is to realize a balanced and socially fair rate setting, which is
implemented and enforced for those both types of public transportation.
Phenomenal
matters in the provisions of Law No. 22 of 2009 which specifically regulates
the determination of public transportation rates must be adjusted in a fair and
balanced manner, so that they are equal to the rates applied to both
online-based and conventional public transportation businesses. This is to
achieve a legal truth that is beneficial to all parties involved in these two
types of public transportation business. Thus, the control and determination of
the application of rates from the government for the business climate in these
two types of public transportation is currently in need of renewal.
Determination of policies
for adjusting conventional and online-based public transportation rates in a
socially fair manner based on legal certainty in the provisions of law and
regulations No. 22 of 2009 needs to pay attention to the relevant calculations
between the pick-up and drop-off distances of passengers. In order to create
conformity and balance related to a number of expenses in the form of fuel,
spare parts, and maintenance of the two types of transportation business, in
which there should be no differences from the aspect of providing safe, comfortable,
and orderly services. In addition, ensuring effectiveness and efficiency also
needs directly or indirectly attention that is in terms of time, cost, and
effort, in order to support the safety of passengers as users and/or consumers.
These matters need to be emphasized in the renewal of the law concerning the
adjustment of the two types of public transportation rates that are socially
fair for all Indonesian, and aim to increase the local economy on a par with
improvements in the global and international economy. In legal reality, at
least some norms, dealing with the minimum share of every citizen, must be fair
and must be implemented fairly. This ideal should be achievable. Even in the
society that is full of injustice, for example Indonesian society has been able
to narrow down the tension between minimum ideals and the way these ideals are
implemented (Ali, 2009).
Social inequality avoidance
in achieving definite prosperity based on legal provisions in a policy for
determining adjustments to the application of Conventional and Online-based
public transportation rates will provide significant guidance to methods of
creating and or inventing new laws that can be applied to all levels of
Indonesian society, so that the principle of obtaining the benefits of social
justice in legal certainty in the policy of the Government of the Republic of
Indonesia in reforming the provisions governing public transportation rates in
Law Number 22 of 2009 will bridge to income equality in running a Conventional
and Online public transportation business in various types of transportation
modes both land, sea, and air in accordance with existing policies.
CONCLUSION
Based on the research results, it can be concluded
that the policy of determining rates for online and conventional public
transportation must be adjusted to the provisions in Law no. 22 of 2009
concerning Traffic and Road Transportation which controls to determine the
amount of rates that are balanced and socially just lies in the authority of
the Government of the Republic of Indonesia as a whole from all types of
businesses in the transportation sector both privately and corporately, the
application of these rates can be implemented in a balanced manner according to
the situation and condition of the national economy, so that the achievement of
a prosperous economic income for all Indonesian in the public transportation
business obtains legal certainty.
The policy concept of conformity of economic income in
online and conventional public transportation that integrates the principles of
legal certainty and justice must carry out a reconstruction of the provisions
of Article 183 paragraph 1 of Law no. 22 of 2009 concerning Road Traffic and
Transportation which so far reads as follows: "Passenger rates for the
transportation of people not on routes using taxis as referred to in Article
151 letter a are determined by Public Transport Companies with the approval of
the Government in accordance with their respective authorities based on the stipulated
minimum service standard”, is reconstructed as follows: “Passenger fares for
the transportation of people not on routes using taxis as referred to in
Article 151 letter a are determined absolutely by the Government in accordance
with the calculation of the national economy in adjusting the upper and lower
limits of rates implemented in the online as well as conventional public
transportation business", so that social justice for all Indonesian people
can be achieved.
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