Government Regulation Number 74 By 2014

Original Language Title: Peraturan Pemerintah Nomor 74 Tahun 2014

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LEMBARANNEGARAREPUBLIK INDONESIAN STATE GAZETTE of REPUBLIC of INDONESIA No. 260, 2014 TRANSPORTATION. Transport. Road Transport. Repeal. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5594) REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 74 by 2014 ABOUT ROAD TRANSPORT with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 137 paragraph (5), article 150, article 172 Article 185, paragraph (2), article 198 subsection (3), article 242 paragraph (3), and article 244 subsection (2) of Act No. 22 of 2009 about traffic and Road Transport , need to establish government regulation on Freight Street; Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 22 of 2009 about traffic and Road Transport (State Gazette of the Republic of Indonesia year 2009 Number 96, additional State Gazette Number 5025); Decide: Define: GOVERNMENT REGULATION Of TRANSPORT Roads. 2014 www.djpp.kemenkumham.go.id, no. 260 2 CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. Transport was the transfer of people and/or goods from one place to another by using the vehicle in road traffic. 2. Vehicle is a means of transport on the road consisting of a motor vehicle and the Motor Vehicle is not. 3. The motor vehicle is any vehicle that is driven by the engine in the form of mechanical equipment other than a vehicle running on Rails. 4. Motor Not Vehicle is any vehicle that is driven by human power and/or animals. 5. Public motor vehicle is any motor vehicle used for the Transport of goods and/or persons with paid admission. 6. General Plan of the network of Routes is a document that contains a plan Network Routes and motor vehicle needs in one unified network. 7. Route Network is a collection of Routes that become one unified service network Transportation people. 8. Route is the path of the motor vehicle Transport services for people with car or bus passenger car which had an origin and destination travel remains, the fixed path, and type of the vehicle remains as well as scheduled or not scheduled. 9. Terminal is the base of motor vehicles commonly used to arrange arrival and departure, the raising and lowering of the person and/or the goods, as well as the transfer mode of Transport. 10. Passenger car is motor vehicle Transport people who have seating a maximum of 8 (eight), including for the driver or that weighs no more than 3,500 (three thousand five hundred) pounds. 11. Car motor vehicle Transit Bus is the person who has the seat more than 8 (eight), including for the driver or that weighs more than 3,500 (three thousand five hundred) pounds. 2014 www.djpp.kemenkumham.go.id, no. 2603.12. Car stuff is a motor vehicle designed partially or completely for transporting goods. 13. Public transport company is a legal entity that provides services of Transport of people and/or goods with motor vehicles. 14. Service users are individuals or legal entities that use the services of Public transport companies. 15. The passenger is a person who was in a vehicle in addition to the driver and crew of the vehicle. 16. Subsidies are assistance costs for public passenger transport operation with economy class fares on certain Routes that are financially profitable yet, including the pioneering Transport Route. 17. The Forum traffic and Road Transport was vehicle coordination agency organizer of traffic and Road Transport. 18. The node is the place reserved for the turn of the antarmoda and of intermodal terminals, railway stations, sea ports, the port of rivers and lakes, and/or the airport. 19. The Central Government, hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 20. Local Government is the Governor, bupati/walikota device area, and as an organizer of local governance. 21. The Minister is the Minister of the organizing Affairs of the Government in the field of infrastructure traffic and Transport paths. Article 2 scope settings in this Regulation include: a. the transport of people and/or goods; b. the adequacy of public transport; c. Transport of people with a common motor vehicle; d. Transport of goods by motor vehicles; e. documents of Transportation of people and goods by motor vehicles; f. supervision of the charge Transport of goods; g. Transport concession; h. Transport tariffs; 2014 www.djpp.kemenkumham.go.id, no. 260 4 i. public passenger transport subsidies; j. public transport service industry; k. Transport permissions management information system; and b. the role as well as the community. CHAPTER II TRANSPORT of PEOPLE and/or GOODS is considered part of the Common article 3 (1) Transport of people and/or goods can use: a. motor vehicles; and b. No Motor Vehicles. (2) a motor vehicle referred to in subsection (1) letter a grouped in: a. motorcycles; b. passenger cars; c. Buses; and d. the car stuff. (3) No Motor Vehicle referred to in subsection (1) letter b include: a. a vehicle digerakan by people; and b. the Vehicle pulled by animals. The second part of the transport of people with motor vehicles article 4 (1) the transport of people with the use of a motor vehicle referred to in article 3 paragraph (1) letter a form of motorcycle, passenger car, Bus or car. (2) Transport of people with a motor vehicle referred to in subsection (1) are prohibited from using the car stuff, except in the event of: a. ratio of motor vehicles for transport of people, the condition of the area geographically, and infrastructure of roads in the province or district/city not yet sufficient; 2014 www.djpp.kemenkumham.go.id, no. 2605 b. for deployment of the Indonesia national army or training and/or State police of the Republic of Indonesia; or c. other interest based on consideration of State police of the Republic of Indonesia and/or local governments. Article 5 (1) the ratio of motor vehicles for transport of people who have not been adequate as referred to in article 4 paragraph (2) letter a in terms of Transport capacity for people with motor vehicles be motorcycles, cars, Buses and passenger cars that exist have not been able to meet the needs of Transport of people. (2) the condition of the area geographically that has not been adequate as referred to in article 4 paragraph (2) letter a included: a. areas of the mountains, the coast, and/or area where a Creek; and b. the topography of the land slope is very steep. (3) the condition of the road infrastructure has not been adequate as referred to in article 4 paragraph (2) letter a include: a. has a roughness that is partially or completely damaged; b. the roughness of the road is still the native land; and/or c. incline and/or derivative road very steep. (4) the exclusion of the use of a car to Transport the person referred to in subsection (1) until subsection (3) are defined by the Regent or mayor in accordance with administrative regions based on the consideration of Road Freight Traffic Forum kabupaten/kota. Article 6 use of the car to Transport people in regards to the deployment of the Indonesia national army or training and/or State police of the Republic of Indonesia as referred to in article 4 paragraph (2) letter b is carried out in accordance with the provisions of the legislation. Article 7 (1) other interest as referred to in article 4 paragraph (2) Letter c is the importance that requires Car Goods are immediately to be used as Transport of people. (2) the interests of the Car which requires the goods are immediately referred to in subsection (1) is used in order to overcome: www.djpp.kemenkumham.go.id 2014, no. 260 6 a. security issues; b. social problems; or c. an emergency. Article 8 (1) the use of a car to Transport people in order to address the problem of security referred to in article 7 paragraph (2) letter a include: a. the mobilization of security officers; and b. the evacuation of casualties to the security disorder. (2) the use of a car to Transport people in order to resolve social problems referred to in article 7 paragraph (1) letter b include: a. the transport walkout while action; and b. the public in the field of social reform. (3) the use of a car to Transport people in order to cope with emergencies as stipulated in article 7 paragraph (2) Letter c covering the evacuation of casualties and deployment assistance. (4) the exclusion of the use of a car to Transport a person designated by the Governor or Regent/Mayor based on consideration of State police of the Republic of Indonesia. Article 9 (1) Freight Car used to Transport the person referred to in article 5, article 6 and article 7, paragraph (2) letter a and letter b of at least fulfill the requirements: a. the availability ladder to go up and down; b. the availability of seating and/or handrails for all passengers; c. protected from sunlight and/or rain; and d. the availability of air circulation. (2) Transport of people by car Goods referred to in article 5, article 6 and article 7 should pay attention to the safety factor. The third part of the Transport of goods by motor vehicles article 10 (1) the transport of goods with the use of a motor vehicle referred to in article 3 paragraph (1) letter a compulsory use of car stuff. www.djpp.kemenkumham.go.id


2014, no. 2589 (2) in the event that meets the technical requirements, Transport of goods by motor vehicles referred to in subsection (1) may use the passenger car, Bus, Car, or motorcycle. (3) the technical requirements referred to in subsection (2) for passenger cars and buses include: a. charge spaces available and/or places specially designed payload; b. goods that are transported in accordance with space payloads; and c. the amount of the goods transported does not exceed the haulage in accordance with the type of the vehicle. (4) the technical requirements referred to in subsection (2) for motorcycles include: a. the charge does not exceed the wide handlebar Steering; b. high charge does not exceed 900 (nine hundred) millimeters from the top of the driver's seat; and c. the charge items placed behind the driver. Article 11 Transit goods using the passenger car, Bus, Car or motorcycle as stipulated in article 10 should pay attention to the safety factor. The fourth part of the Transport of people and goods with Motor Not Vehicle article 12 use of Transport of people and/or goods with Motor Vehicles Not mentioned in article 3 paragraph (1) letter b tailored to the characteristics and needs of the region, as well as to meet safety requirements. Article 13 (1) the use of Transport of people and/or goods with Motor Not Vehicle referred to in article 12 the area of operations within one district/city is governed by applicable local district/city. (2) the use of Transport of people and/or goods with Motor Not Vehicle referred to in subsection (1) that the area of operations beyond the borders of kabupaten/kota orchestrated with regulation provinces. 2014 www.djpp.kemenkumham.go.id, no. 260 8 (3) the use of Transport of people and/or goods with Motor Not Vehicle referred to in subsection (2) the area of operations beyond the borders of the province arranged upon agreement between the Government of the province that borders are poured in the form of a cooperation agreement. CHAPTER III OBLIGATIONS of the PROVISION of PUBLIC TRANSPORT is considered Part of the general clause 14 (1) public transport was organized in an effort to meet the needs of Transport of people and/or goods that survived, safe, comfortable, and affordable. (2) the Government and/or local authorities responsible for organizing public transport as referred to in subsection (1) for the transport of people and/or goods with motor vehicles. Article 15 (1) the Government must ensure the availability of public transport for the transport of people and/or goods antarprovinsi Intercity and cross border. (2) the local Government of the province is obligated to guarantee the availability of public transport for the transport of people and/or goods intra-city in the province. (3) local government district/municipality is obligated to guarantee the availability of public transport for the transport of people and/or goods in the territory of the district/city. The second part of the liability provision of Transport of people with a common motor vehicle article 16 obligations of Government guarantees the availability of public transit for intercity transport people antarprovinsi and cross border as stipulated in article 15 paragraph (1) includes the following: a. General Plan designation of the network Routes and needs Public motor vehicles for the Transport of people in Routes; 2014 www.djpp.kemenkumham.go.id, no. 2609 b. provision of supporting facilities and infrastructures of public transportation; c. implementation of the holding of a public transport licence; d. General provision of the motor vehicle; e. designation and surveillance against the implementation of the minimum service standard Transport of persons; f. creation of healthy competition in the public transport industry; and g. human resources development in the field of public transport. Article 17 Obligation of local government the province assures the availability of public transit for intercity transport people in the province as stipulated in article 15 paragraph (2) includes the following: a. General Plan designation of the network Routes and needs Public motor vehicles for the Transport of people in Routes; b. provision of supporting facilities and infrastructures of public transportation; c. implementation of the holding of a public transport licence; d. General provision of the motor vehicle; e. supervision towards the implementation of the standard minimum Transport service person who has been assigned; f. creation of healthy competition in the public transport industry; and g. human resources development in the field of public transport. Article 6 obligations of the local government district/municipality ensures the availability of public transport for the transport of people within the kabupaten/kota as stipulated in article 15 para (3) include the following: a. General Plan designation of the network Routes and needs Public motor vehicles for the Transport of people in Routes; b. provision of supporting facilities and infrastructures of public transportation; c. implementation of the holding of a public transport licence; d. General provision of the motor vehicle; e. supervision towards the implementation of the standard minimum Transport service person who has been assigned; f. creation of healthy competition in the public transport industry; and g. human resources development in the field of public transport. 2014 www.djpp.kemenkumham.go.id, no. 260 10 article 19 to ensure the provision of infrastructure and support facilities, public transportation, Public provision of the motor vehicle, and human resources development in the field of public transport as referred to in article 4, letter b article 16 article 16 the letter d, letter g, letter b article 17 article 17, subparagraph d, article 17, article 18 and the letter g letter b, article 6 letter d , and section 18 of the letter g, the Government and the local governments may include the participation of the private sector. The third part Liability provision of Transport of goods by motor vehicles Public article 20 (1) of the provincial Government, local government, and local government districts/cities as stipulated in article 15 is obligated to guarantee the availability of public transport for goods. (2) the obligation of guaranteeing the availability of public transportation for the goods referred to in subsection (1) done in regards to: a. maintain the availability and continuity of service of Transport of goods; b. handling of emergency situations; and c. There is no service by private parties. CHAPTER IV TRANSPORT of PEOPLE with a COMMON MOTOR VEHICLE Part One General Article 21 the Ministry of Transport of people with a common motor vehicle consists of: a. the transport of people with a common motor vehicle Routes; and b. the transport of people with a common motor vehicle not in the Routes. 2014 www.djpp.kemenkumham.go.id, no. 26011 second part Transport of people with a Common motor vehicle Routes Paragraph 1 of article 22 of the General type of service of Transport of people with a common motor vehicle in the Trackage referred to in Article 21 letter a consists of: a. cross border Transport; b. antarprovinsi Intercity Transport; c. Intercity Transport in the province; d. Urban Transport; or e. Rural Transport. Article 23 (1) of the Ministry of Transport of people with a common motor vehicle in the Trackage referred to in Article 22 must meet the criteria: a. have a fixed and regular routes; b. scheduled, starting, ending, and raise or lower the Passenger Terminal for the Intercity Transport and cross border; and c. the raising and lowering of the passengers at the place determined for the urban and Rural Transport. (2) the appointed place as stated on 74ayat (1) the letter c can be either: a. the Terminal; b. stop; and/or c. Public motor vehicle stop signs. (3) Vehicles used to Transport people in Service Routes include the following: a. General passenger car; and/or b. Public Buses. 2014 www.djpp.kemenkumham.go.id, no. 260 12 Paragraphs 2 and Route Network Needs Public motor vehicle section 24 Network Routes and needs Public motor vehicles arranged by: a. spatial plans; b. the level of demand for transport services; c. the ability of providing transport services; d. the availability of network traffic and Road Transport; e. compliance with class path; f. alignment intramoda Transport; and g. alignment antarmoda Transport. Article 25 (1) a network of Routes and needs Public motor vehicles referred to in Article 24 are arranged in the form of a general plan of the network of Routes. (2) the preparation of a general plan of the network of Routes referred to in subsection (1) must be based on the master plan of the network traffic and Road Transport. Article 26 (1) Public Network Route Plan referred to in Article 25 consists of: a. the routes of cross border Networks; b. Intercity Route Network antarprovinsi; c. Intercity Route Network in the province; d. urban Route Network; and e. Rural Route Network. (2) the preparation of a general plan of the network of Routes referred to in subsection (1) considers: a. Division of the area devoted to generation and attraction of travel based on the spatial plan of the area; b. the level of demand for transport services based on generation and attraction of travel on region of origin and destination; www.djpp.kemenkumham.go.id


2014, no. 26013 c. capacity provisioning capabilities of the vehicle and the type of Transport services; d. the road network traversed by the hierarchy of status and function in the same way, according to the type of Transport service provided; and e. the Terminal type and its class according to the type of Transport services provided as well as other transportation Nodes in the form of airports, ports, train stations, and/or strategic areas or other areas that have the potential of generation and the pull of the trip. (3) Public Network Route Plan referred to in subsection (1) is granting permission guidelines for organizing the Transport of people in Routes. (4) a General Plan of the network Routes are periodically re-examined more than 5 (five) years. Article 27 (1) General plans the routes of cross border Networks as referred to in article 26 paragraph (1) letter a load at least: a. the origin and destination of cross border Routes; b. the place of sojourn and/or break; c. the road network is the national road; d. Terminal of origin and destination as well as a transit Terminal Terminal-type A or other transportation Nodes in the form of airport, port, railway station, which is connected as a network of Routes and/or strategic area or areas which have the potential for generation of intercity Freight travel attraction and antarprovinsi; e. the number of vehicles required; f. types of classes of service provided, namely the non-economic classes; g. place of refueling agreed; and h. security analysis. (2) General plans the routes of cross border Networks as referred to in subsection (1) is designated by the Minister in accordance with an agreement between Governments. (3) agreements with States referred to in paragraph (2) made in accordance with the provisions of the legislation. 2014 www.djpp.kemenkumham.go.id, no. 260 14 Article 28 (1) General plans Intercity Route Network antarprovinsi as stipulated in article 26 paragraph (1) letter b contains at least: a. the origin and purpose of intercity Route antarprovinsi is the capital of the province, city, national strategic areas, and other areas that have the potential for generation of intercity Freight travel attraction and antarprovinsi; b. can the road network is a national network of roads, provincial road network, and/or district/city road network; c. estimates of intercity Passenger Service Transport request antarprovinsi; d. Terminal of origin and destination as well as a transit Terminal Terminal-type A or other transportation Nodes in the form of airport, port, railway station, which is connected as a network of Routes and/or strategic area or areas which have the potential for generation of intercity Freight travel attraction and antarprovinsi; and e. the number of needs and types of intercity Transport Vehicles antarprovinsi. (2) the preparation of a general plan of intercity Route Network antarprovinsi as referred to in subsection (1) is done by the Minister are coordinated with relevant agencies through the Forum traffic and Transport national road. (3) a general plan of intercity Route Network antarprovinsi as referred to in subsection (1) is designated by the Minister. Article 29 (1) General plans the routes of intercity Network in the province as stipulated in article 26 paragraph (2) Letter c contains at least: a. the origin and purpose of intercity Routes in the province was the capital of the province, city, county seat of regional strategic areas and other areas that have the potential for generation of intercity Freight travel and attraction in the province; b. can the road network is a national network of roads, provincial road network, and/or district/city road network; 2014 www.djpp.kemenkumham.go.id, no. 26015 c. estimates of intercity Passenger Transport service demand in the province; d. Terminal of origin and destination as well as a transit Terminal at the lack of Terminal type B or other transportation Nodes in the form of airport, port and/or train station; and e. the number of needs and types of intercity Transport Vehicles in the province. (2) the preparation of a general plan of intercity Route Network in the province referred to in subsection (1) is done by the Governor are coordinated with relevant agencies through the Forum traffic and provincial Road Transport. (3) a general plan of intercity Route Network in the province referred to in subsection (1) is designated by the Governor after obtaining the approval of the Minister. Article 30 of the General Plan of urban Route Network as stipulated in article 26 paragraph (1) letter d was compiled based on urban areas. Article 31 (1) urban areas referred to in article 30 are classified based on: a. population; and b. the availability of road network and request shuttle Transport needs in the area of intergovernmental or Government Administration. (2) urban areas based on the number of inhabitants as referred to in paragraph (1) letter a, comprising: a. a small urban area; b. urban areas are; c. large urban areas; d. metropolitan area; and e. megapolitan area. (3) the urban road network based on availability and request shuttle Transport needs in the area between Government Administration referred to in paragraph (1) letter b include the unity of the area: 2014 www.djpp.kemenkumham.go.id, no. 260 16 a. beyond the limits of the province; b. beyond the limits of the territory of kabupaten/kota in one province; and c. be in districts/cities. (4) the classification of the urban area as referred to in paragraph (3) are defined by: a. the Minister, to urban areas that go beyond the limits of the province; b. the Governor, to urban areas that go beyond the limits of the territory of the district/city within one (1) province; and c. the bupati/walikota, to urban areas in districts/cities. Article 32 Public urban Route Network Plan referred to in article 30 contains at least: a. routes of urban origin and destination; b. urban Route stopover; c. can the road network is a national network of roads, provincial road network, and/or district/city road network; d. estimates of Urban Transit Passenger Service requests; and e. the number of Urban Transit Vehicle needs. Article 33 (1) preparation of General Plan of urban Route Networks that go beyond the boundaries of the province referred to in article 31 paragraph (3) was done by a Minister are coordinated with relevant agencies through the Forum traffic and Transport national road. (2) a General Plan of urban Route Networks that go beyond the boundaries of the province referred to in subsection (1) is designated by the Minister. Article 34 (1) the preparation of a General Plan of urban Route Networks that go beyond the boundaries of the territory of kabupaten/kota in one (1) province as stipulated in article 31 paragraph (3) the letter b is done by the Governor are coordinated with relevant agencies through the Forum traffic and provincial Road Transport. 2014 www.djpp.kemenkumham.go.id, no. 26017 (2) General Plan of urban Route Networks that go beyond the boundaries of the territory of kabupaten/kota in 1 (one) the province referred to in subsection (1) is designated by the Governor after obtaining the approval of the Minister. Article 35 (1) the preparation of a General Plan of urban Route Network in the region of kabupaten/kota referred to in article 31 paragraph (2) Letter c is performed by the bupati/walikota are coordinated with relevant agencies through the Forum traffic and Road Transport kabupaten/kota. (2) a General Plan of urban Route Network in the region of kabupaten/kota referred to in subsection (1) is defined by the bupati/walikota after obtaining approval from the Minister. Article 36 (1) the General Plan of rural Route Network as stipulated in article 26 paragraph (1) letter e contains at least: a. origin and destination Route is rural transport Node and other areas that have the potential of generation and the pull of rural Transport journey; b. can the road network is a national network of roads, the road network of the province, kabupaten/kota road network, and/or street village; c. the Passenger Transport service demand estimates the rural; d. Terminal of origin and destination as well as a transit Terminal at the lack of Terminal type C or other transportation Nodes in the form of airport, port and/or train station; and e. the number of rural Transit Vehicle needs. (2) rural Route Network as referred to in subsection (1) is a network of Routes serving a rural area. (3) a general plan of rural Route Network as referred to in subsection (1) is divided based on the scope of the network of Routes on a rural area that: a. connect one (1) County; b. beyond one (1) County in one (1) provincial area; and c. exceeds one (1) area of the province. www.djpp.kemenkumham.go.id


2014, no. 260 18 Article 37 (1) the preparation of a general plan of rural Route Networks that connect one (1) County area as referred to in article 36 paragraph (2) letter a is done by Regent are coordinated with relevant agencies through the Forum traffic and Road Transport district. (2) a general plan of rural Route Networks that connect one (1) County area as referred to in paragraph (1) established by the Regents. Article 38 (1) the preparation of a general plan of rural Route Network that goes beyond one (1) County in one (1) provincial area as referred to in article 36 paragraph (3) the letter b is done by the Governor are coordinated with relevant agencies through the Forum traffic and provincial Road Transport. (2) a general plan of rural Route Network that goes beyond one (1) County in one area of the province referred to in subsection (1) is designated by the Governor. Article 39 (1) the preparation of a general plan of rural Route Network that goes beyond one (1) provincial area as referred to in article 36 paragraph (2) Letter c is done by the Minister are coordinated with relevant agencies through the Forum traffic and Transport national road. (2) a general plan of rural Route Network that goes beyond one (1) area of the province referred to in subsection (1) is designated by the Minister. Article 40 further Provisions concerning the Transport of people with a common motor vehicle Routes are set by regulation of the Minister. The third part of the Transport of people with a common motor vehicle not in Article 41 Route Servicing the transport of people with a common motor vehicle not in the Trackage referred to in Article 21 letter b consists of: www.djpp.kemenkumham.go.id 2014, no. 26019 a. Transport people using cabs; b. Transport of people with a particular purpose; c. Transport the person for the purposes of tourism; and d. the transport of people in certain areas. Article 42 (1) of the Ministry of Transport of the people with the use of taxis as referred to in article 41 letter a is a door to door service with operations in urban areas. (2) the Ministry of Transport of the people with the use of taxis as referred to in paragraph (1) are classified into: a. regular; and b. the Executive. (3) Vehicles used to Transport people with services using the cab referred to in subsection (1) include the following: a. passenger car sedan that has three (3) spaces; and b. not passenger car sedan that has 2 (two) space. (4) payment system at the Ministry of Transport of the people with the use of the cab is done based on a meter which is equipped with a printer proof of payment. Article 43 (1) of the Ministry of Transport of people with specific objectives referred to in article 41 the letter b was serving at least Transport include antarjemput, social purposes, or employees. (2) Vehicles used for Transport of people with a particular purpose referred to in subsection (1) at least: a. General passenger car; or b. Public Buses. Article 44 (1) of the Ministry of Transport of people for the purposes of tourism as referred to in article 41 the letter c is used for Freight Transport services. 2014 www.djpp.kemenkumham.go.id, no. 260 (2) a person for the purposes of Transport Ministry of tourism as referred to in paragraph (1) are classified into: a. the economy; and b. the non economic. (3) a vehicle used to Transport the person for the purposes of Ministry of tourism as mentioned in subsection (1) include general passenger car and a Public Bus Car, with a special sign. Article 45 (1) of the Ministry of Transport of people in certain areas as referred to in article 41 d Transport is carried out through the Ministry of transport in local roads and the road environment. (2) the Ministry of Transport of people in certain areas as referred to in paragraph (1) are classified into: a. the economy; and b. the non economic. (3) Vehicles used to Transport people in the service of specific area referred to in subsection (1) must use the General passenger car. Article 46 the provisions further regarding the Transport of people with a common motor vehicle not in the Trackage subject to the regulation of the Minister. Part four mass transit Article 47 (1) of the road-based mass transit must be supported by: a. the transport capacity Bus Car mass; b. special lanes; c. other public transport Routes that are not berhimpitan with mass transit Routes; and d. the feeder Transport. (2) a Bus Car cargo capacity bulk as referred to in paragraph (1) letter a large Bus using a car. 2014 www.djpp.kemenkumham.go.id, no. 26021 (3) special Lanes referred to in paragraph (1) letter b consists of: a. a special mass transit trains in its own right; and/or b. a special mass transit lanes in the right of way. (4) other public transport Routes are not berhimpitan with the routes of mass transit as referred to in paragraph (2) Letter c is public transit Routes that do not have the same route with mass transit routes. (5) the feeder Transport as referred to in paragraph (1) the letter d is Transport the feeder (feeder) mass transit. (6) further Provisions concerning the mass transit as referred to in subsection (1) is controlled by a regulation of the Minister. Part five Article 48 Person Transportation Oversight (1) every driver of a Public transport company and which organizes the Transport of people with a common, mandatory motor vehicles comply with the provisions regarding: a. permit the Organization of people in Transit Routes or permission of organizing the transport of people not in the Trackage; and b. technical requirements and be eligible to a road motor vehicle. (2) to supervise the fulfillment of the provisions against as mentioned on paragraph (1) do the supervision of the Transport of people with a common motor vehicle. (3) supervision of the Transport of people with a common motor vehicle referred to in subsection (2) carried out in: a. the Terminal; b. the sights; c. the standards; and d. the departure point. Article 49 (1) the supervision against the licensing eligibility of public transport as referred to in article 48 paragraph (2) letter a include: www.djpp.kemenkumham.go.id 2014, no. 260 22 a. document permissions; b. Transport document people, consisting of: 1. public Passenger tickets for transport in the Route; 2. identification of baggage; and/or 3. the manifest; c. proof of payment of dues compulsory insurance is the responsibility of the company; d. the type of service and tariffs in accordance with the permissions granted; e. corporate identity sign of public transport; and f. the identity sign crew Vehicles of public transport. (2) Supervision towards the fulfillment of the technical requirements and be eligible to road motor vehicles referred to in Article 48 paragraph (1) letter b include: a. proof tested periodic motor vehicle; b. physical motor vehicles; and c. the minimum service standard. Article 50 supervision of Transport of people with a common motor vehicles referred to in Article 48 is exercised by the officer's supervisor of motor vehicles using the equipment manually and/or electronically. Chapter V TRANSPORT of GOODS by MOTOR VEHICLES is considered part of the GENERAL Public Article 51 Transport of goods by motor vehicles Commonly consists of: a. General goods Transport; and b. special goods Transport. The second part of article 52 Public Goods Transport Transport public goods as referred to in article 51 the letter a is the Transport of goods in general are harmless and do not require special means. 2014 www.djpp.kemenkumham.go.id, no. 26023 part three Special Goods Transport Article 53 (1) Transport of goods specifically as stipulated in article 51 of the letter b is the transport of goods using a car specially designed in accordance with the nature and the form of the goods transported. (2) the specific Items referred to in subsection (1) consists of: a. the dangerous goods; and b. not dangerous goods that require special means. (3) dangerous goods special Transports that require special means as referred to in paragraph (2) letter a at least: a. explosive goods; b. gas is compressible, liquid gas, dissolved gas at a given temperature or pressure; c. combustible liquids; d. combustible solids; e. material producing oxidants; f. toxins and infectious materials; g. radioactive goods; h. corrosive nature of the goods; and/or i. other harmful special items. (4) specific goods Transport is not harmful that require special means as referred to in paragraph (2) letter b at least: a. objects have fallen or liquid form; b. container; c. plants; d. live animals; and/or e. heavy equipment. Article 54 further Provisions concerning the Transport of goods by motor vehicles is Commonly set with a regulation of the Minister. www.djpp.kemenkumham.go.id


2014, no. 260 24 CHAPTER VI of DOCUMENT TRANSPORT of PEOPLE and/or GOODS with MOTOR VEHICLE Transport Document is considered part of the COMMON People of article 55 (1) Transport of people with a common motor vehicles serving fixed Routes cross border, antarprovinsi, InterCity and intercity in the province must be equipped with a transport document of the person. (2) the Transport Document of the person referred to in subsection (1) include the following: a. General Passenger tickets for transport in the Route; b. identification of baggage; and c. the manifest. (3) Passenger Tickets as referred to in paragraph (2) letter a is a document that contains at least a description: a. number, seating, and the date of publication; b. the passenger name and the name of the carrier; c. the place, date, and time of departure and the destination of the journey; d. the number of departure; and e. a statement that the carrier is subject to the provisions of the legislation. (4) luggage identifier referred to in paragraph (2) letter b is the document that contains the fewest Description: a. identification number of baggage; b. code of place of departure and the place of destination; and c. the weight of baggage. (5) the manifest referred to in paragraph (2) Letter c is the document that contains the fewest Description: a. the identity of the company that includes the name and address of the company; b. the identity of the vehicle; and c. a list of Passenger identity that includes name, gender, age, and address. 2014 www.djpp.kemenkumham.go.id, no. 25812 Article 56 (1) of the Public transport company of the person obligated to submit: a. tickets to passengers; b. payment for freight Transport in no Trackage; c. identification of baggage to the Passenger; and d. the manifest to the driver. (2) the passenger Ticket as referred to in paragraph (1) letter a shall be used by the person whose name is listed in the ticket in accordance with a valid identity document. The second part of the goods Transport Document Article 57 Transports goods by Public compulsory motor vehicle equipped with a document that includes: a. a letter of charges of the goods; and b. Letter haulage agreement. Article 58 (1) of the Public transport company which transports the goods obliged to make a charge goods as part of travel documents. (2) Public transport company which transports the goods obliged to make mail haulage agreement. Article 59 Provisions more about document Transport of people and/or goods is regulated by regulation of the Minister. CHAPTER VII SUPERVISORY CHARGE is considered part of Public GOODS TRANSPORT Article 60 drivers and/or Public goods transport companies obliged to comply with the provisions about: 2014 www.djpp.kemenkumham.go.id, no. 260 26 a. loading procedures; b. haulage; c. dimensions of vehicles; and d. the class path that traversed. Article 61 (1) of the Ordinance the loading as referred to in article 60 of the letter a is implemented taking into account: a. the placement charge on room charge; b. load distribution; c. procedures for the binding of the charge; d. procedures for packaging; and e. the procedures for awarding the label or mark. (2) transport Resources as stipulated in article 60 the letter b is assigned based on the amount of the allowable weight and/or the amount of weight the combination allowed. (3) the dimensions of vehicles referred to in Article 60 of the letter c is the main dimension of motor vehicles which includes length, width, height, julur front and rear julur motor vehicles in accordance with the provisions of the legislation. (4) the class path that traversed as stipulated in article 60 the letter d is determined based on the class of road signs. Article 62 (1) to supervise the fulfillment of the provisions against as stipulated in article 60 supervision charge Transport of goods. (2) supervision of the charge Transport of goods referred to in subsection (1) is performed with the use of surveillance and security roads. (3) surveillance and Security Tool path as referred to in paragraph (2) consists of: a. a weighing instrument is mounted on a permanent basis; or b. a weighing instrument can be moved. 2014 www.djpp.kemenkumham.go.id, no. 26027 second part of supervision with the Weighing which is mounted on a permanent basis is article 63 (1) a Supervision charge Transport goods weighing instruments mounted on a permanent basis as stipulated in article 62 paragraph (3) the letter a is used to conduct surveillance of all the car stuff. (2) Supervision as referred to in paragraph (1) excluded for: a. container Transport; b. car fuel tank oil and/or gas fuels; Transport of dangerous goods, c.; and d. the appliance is heavy. Article 64 (1) supervision of the charge Transport goods weighing instruments mounted on a permanent basis as stipulated in article 63 is done at a specific location in national roads and national strategic roads. (2) the location referred to in subsection (1) is determined taking into account: a. spatial plans; b. the generation travel Center; c. the road network and the development plan; d. the volume of daily traffic average (LHR) Transport of goods; e. safety and smooth flow of traffic; f. topographic conditions; g. charge supervision of effectiveness and efficiency; and h. the availability of land. Article 65 (1) the development and procurement of equipment weighing facilities as well as mounted on a permanent basis is done by the Minister. (2) the development and procurement of equipment weighing facility mounted on a permanent basis as referred to in subsection (1) must meet the requirements: www.djpp.kemenkumham.go.id 2014, no. 260 28 a. architecture (layout); b. architecture workbook; and c. the specifications weighing tool. Article 66 the weighing Instrument is mounted on a permanent basis as stipulated in article 65 is operated when already eligible: a. location has been established; b. development of appropriate architecture; c. facilities and equipment weighing a motor vehicle has been installed and meets the technical specifications; and d. the implementing units have been established. Article 67 (1) the operation and maintenance of weighing instrument regularly carried out by the implementing Unit motor vehicle Weighing the provincial government who has got the determination of Ministers. (2) to certain interests, the Minister may appoint the implementing Unit of Government motor vehicle Weighing. Article 68 the Government build the information systems organization of the weighing of motor vehicles carried out by the implementing Unit Weighing of motor vehicles. Article 69 (1) of the implementing Unit Weighing of motor vehicles referred to in Article 67 obligatory: a. examination procedures for loading of goods; b. measurement of the dimensions of the goods Transport Vehicles; c. weighing pressure throughout the axis and/or axis vehicles of any goods; d. examination of documents of Transport of goods; e. record keeping excess charge on any vehicle inspected; and f. the logging of goods transported, heavy Freight, destination and origin. 2014 www.djpp.kemenkumham.go.id, no. 26029 (2) Implementing a compulsory motor vehicle Weighing manage data the results of the implementation of the activities referred to in paragraph (1) which is integrated in the information system referred to in Article 68. Article 70 (1) in the event of violations found, the officer Executing Unit Weighing report to Investigator civil servant. (2) on the basis of the report referred to in subsection (1), the investigator civil servant made news of the proceedings. (3) the investigating officials of the civil servant referred to in subsection (1) prohibits the driver proceeded in violation of heavy payloads in excess of 5% (five per cent) of haulage Vehicles set out in the test book. (4) a driver referred to in subsection (1) the mandatory lowering excess charge at the place specified by the officer and/or the officer Executing Unit Weighing. (5) the risk of loss and/or damage to the goods that were revealed as referred to in paragraph (4) is the responsibility of the driver and/or employers of public transport of the goods in question. (6) in the case of excess charge referred to in subsection (4) has been lowered, the driver can continue. Article 71 (1) the use of facilities and unloading activities of goods and storage of goods referred to in article 70 paragraph (4) free of charge. (2) the procedures for the use of facilities and unloading activities of goods and storage of goods as well as the magnitude of the costs referred to in subsection (1) are governed by regulation provinces. Article 72 Maintenance tool weighing mounted on a permanent basis required by the implementing Unit Weighing maintain equipment for motor vehicle weighing units of motor vehicles in order to keep functioning. Article 73 (1) the Minister is doing an assessment of the performance of the implementing Unit Weighing of motor vehicles. www.djpp.kemenkumham.go.id


2014, no. 260 30 (2) performance assessment referred to in subsection (1) at least the aspects: a. management operations; b. human resources; c. equipment and facilities; d. law enforcement; e. safety and smooth traffic; and f. the effectiveness of supervision. (3) the results of performance assessment referred to in subsection (1) is used as a performance enhancement Evaluation Unit Implementing Weighing of motor vehicles are concerned. Article 74 of the location and operation of the weighing instrument by Implementing motor vehicle Weighing Unit mounted on a permanent basis set with the decision of the Minister. The third part of supervision with the Weighing Instrument can be moved to article 75 (1) supervision of the charge Transport of goods with a weighing instrument can be transferred as stipulated in article 62 paragraph (3) the letter b done to motor vehicle inspection of the goods Transport on the road and the investigation is a criminal offence offence charge. (2) supervision of the charge Transport of goods with a weighing instrument can be moved as intended in paragraph (1) was conducted jointly by the Investigator civil servants in the field of traffic and Road Transport as well as officers of the State police of the Republic of Indonesia. (3) weighing Instrument referred to in subsection (1), must meet the technical requirements in accordance with the provisions of the legislation. (4) supervision of the charge Transport of goods with a weighing instrument can be moved as intended in paragraph (1) is done when: a. There are indications of an increase in violations of charge Transport of goods; b. trend of road damage caused by excess charge Transport of goods; and/or www.djpp.kemenkumham.go.id 2014, no. 26031 c. there yet instrument weighing mounted on a permanent basis on certain roads. Article 76 a weighing Instrument can be transferred as stipulated in article 75 peneraan required periodically in accordance with the provisions of the legislation. Part four Further Settings Article 77 a provision on supervision charge Transport of goods is governed by regulation of the Minister. CHAPTER VIII is considered part of the TRANSPORT BUSINESS of Licensing Transport Article 78 (1) Public transport company which organizes the Transport of people and/or goods are required to have: a. permit the Organization of people in Transit Routes; b. permit the Organization of Transport of people not in the Trackage; and/or c. permits organizing the Transport of the goods. (2) an obligation to have the permit referred to in subsection (1) does not apply to: a. the transport of sick people with the use of an ambulance; or b. the transportation of the corpse. (3) the grant of permission of organizing public transport as referred to in paragraph (1) the licensing fee in accordance with the provisions of the legislation. Article 79 (1) Public transport companies as referred to in article 78 paragraph (1) should the shape of Indonesia legal entities according to the provisions of legislation. 2014 www.djpp.kemenkumham.go.id, no. 260 32 (2) legal Indonesia as referred to in paragraph (1)-shaped: a. State-owned enterprises; b. regional-owned enterprises; c. limited liability company; or d. the cooperative. Article 80 (1) to obtain permission as referred to in article 78 paragraph (1), the Public transport companies have to meet the requirements. (2) the provisions of the permit requirements on the Organization of Transport of people and/or goods referred to in subsection (1) is controlled by a regulation of the Minister. Article 81 (1) a permit referred to in Article 78 paragraph (1) in the form of contract documents and/or electronic card consists of: a. Decree permits the Organization of Transport; b. waiver ability to fulfill obligations serve the Transport in accordance with the permissions granted; and c. the card monitoring. (2) consent decree organizing the transport and an affidavit of the ability to fulfill the obligation of serving Transportation in accordance with the permit referred to in subsection (1) letter a and letter b is given to the command of a company of public transport and is valid for 5 (five) years. (3) Supervision Card as referred to in paragraph (2) Letter c is part of the document the permissions attached to each Public motor vehicles and must be renewed every year since published cards surveillance. The second part Permits the Organization of the Transport routes of the people in the Article 82 Permits organizing the Transport of people in the Trackage referred to in Article 78 paragraph (1) letter a is given by: a. the Minister, for the Transport of people who serve: www.djpp.kemenkumham.go.id 2014 26033, no. 1. The routes of cross border in accordance with the agreement between countries; 2. Routes between kabupaten/kota that goes beyond area of one (1) province; 3. Urban Transport Route that goes beyond area of one (1) province; and 4. Rural route which passes through the territory of one (1) province. b. the Governor, for the Transport of people serving: 1. Intercity Route that goes beyond area of one (1) County/city within one (1) province; 2. Urban Transport Route that goes beyond area of one (1) County/city within one (1) province; and 3. Rural route that goes beyond area of one (1) County in one (1) province. c. the Governor of Jakarta, for the Organization of the Transport Routes that serve people who are all located in the province of Jakarta. d. the Governors, for organizing the Transport of people serving: 1. Rural Route located within 1 (one) counties; and 2. Urban routes that are within 1 (one) counties. e. the Mayor, for the Transport of people serving the urban Routes that are within one (1) area of the city. Article 83 the holder of the permit is the Organization of the people in the Transport Routes referred to in Article 82 is obligated to: a. implement the conditions set out in the Organization of the given permission; b. comply with the provisions of the minimum service standard; and c. implementing a safety management system. Article 84 (1) the grant of permission of organizing people in Transit Routes as referred to in article 82 is implemented through: a. the auction; or b. the selection. 2014 www.djpp.kemenkumham.go.id, no. 260 34 (2) the grant of permission of organizing Transportation Routes through the auction in person as referred to in paragraph (1) letter a is performed for the opening of the new Ministry. (3) the grant of permission of organizing the transport of people in Route through a selection referred to in subsection (1) letter b made to the extension of the permit. (4) the grant of permission of organizing Transport with auctions and selection referred to in subsection (2) and paragraph (3) was carried out on the basis of the requirements set. Article 85 further Provisions concerning the holding of persons in Transit permit Routes is controlled by a regulation of the Minister. The third part Permits the Organization of Transport of people not in the number of article 86 (1) Permits the Organization of Transport of people not in the Trackage referred to in Article 78 paragraph (1) letter b is given by: a. the Minister of Transport, for people who serve: 1. taxi Transport area operations beyond one (1) provincial area; 2. Transport with a particular purpose; or 3. Tourism transport. b. the Governor, taxi Transport to area operations beyond more than one (1) area of kabupaten/kota in one (1) province; c. the Governor of Jakarta, taxi for transport and Transport of certain areas of the territory of its operations are in the province of Jakarta; and d. the bupati/walikota, taxi and transport to a particular area of the area of operations are in districts/cities. (2) the holder of the permit the Organization of Transport of people not in the Trackage referred to in subsection (1) is required: a. implementing the conditions set out in the Organization of the given permission; b. comply with the provisions of the minimum service standard; and c. implementing a safety management system. 2014 www.djpp.kemenkumham.go.id, no. 26035 (3) further Provisions regarding Ordinances and licensing requirements as referred to in subsection (1) is controlled by a regulation of the Minister. Article 87 (1) the grant of permission of organizing the transport of people not in the Trackage referred to Article 86 is implemented through: a. the auction; or b. the selection. (2) the grant of permission of organizing the transport of people in no Routes with the auction as mentioned in subsection (1) letter a was carried out against the conduct of the taxi Transport to permit the fulfilment of the needs of the new Ministry. (3) the grant of permission of organizing the transport of people not in Route with a selection referred to in subsection (1) letter b executed against the extension permits organizing taxis, tourist Transportation, organizing permissions permit the Organization of Transportation with a specific purpose, and permits the Organization of Transport of people in certain areas. (4) the grant of permission of organizing Transport with auctions and selection referred to in subsection (2) and paragraph (3) was carried out on the basis of the requirements set. (5) further Provisions on the requirements, the procedures for the granting of permission selection auctions and organizing the Transport of people not in the Trackage subject to the regulation of the Minister. The fourth part Permits the Organization of Special Goods Transport Article 88 (1) Permits the Organization of specialized goods Transport as referred to in article 78 paragraph (2) Letter c is given by the Minister. (2) conducting special goods Transport Permit referred to in subsection (1) for dangerous goods must have a recommendation from the Minister/head of non government agencies of the Ministry concerned. (3) the recommendations given by Minister/head of government agencies to non related ministries as referred to in paragraph (2) contains the description: www.djpp.kemenkumham.go.id


2014, no. 260 36 a. types and nature of the goods transported; b. procedures for the handling of goods in accordance with the type and nature; and c. handling the emergency response. (4) the holder of the permit holding of special goods Transport as referred to in subsection (1) is required: a. implementing the conditions set out in the Organization of the given permission; and b. implement the safety management system. (5) further Provisions regarding Ordinances and licensing requirements of organizing the transport of the goods subject to the special regulations of the Minister. Article 89 the granting of permits the Organization of special goods Transport as referred to Article 87 is implemented through the selection. Part five Transport obligated to Article 90 (1) Public transport companies obliged to transport people and/or goods after Transport Agreement agreed upon and/or performed by passenger Transport fee payments and/or sender of the goods. (2) Transport Agreements and/or payment of the cost of Transport referred to in subsection (1) is evidenced by: a. public Passenger tickets to people in Transit Routes; or b. letter of agreement for transport transport of people not in the Routes and/or Transport of the goods. Article 91 (1) Public transport companies obliged to refund the entire cost of the Freight has been paid by the Passenger or sender of the goods and/or in case of cancellation or dispatch of the goods. (2) public transport refund the Company all or part of the fee that has been paid by the Passenger and/or sender of goods according to agreement stated in case of cancellation by the passenger or sender of the goods by the delivery. 2014 www.djpp.kemenkumham.go.id, no. 26037 Article 92 Public transport companies and/or drivers of public transport may refuse carrying out Transport of people and/or goods when endanger security and safety. Article 93 Conditions endanger the security and safety of the Transport of people and/or goods referred to in Article 92 includes: a. natural disasters that impede travel; and b. the security conditions do not allow for appropriate travel recommendations State police of the Republic of Indonesia. The sixth part of the safety management system Article 94 Public transport companies obliged to create, implement, and improve safety management systems with a national public plan based on traffic safety and road transport. Article 95 of the General motor vehicle must be equipped with the tools of the giver of the traffic accident information to the system control center information and communication traffic and Road Transport. Article 96 provisions on the obligation to create, implement, and improve the safety management system referred to in Article 94 information giver tool requirements and traffic accidents as stipulated in article 95 is implemented in accordance with the provisions of the legislation. The eighth section of the special treatment To the disabled, Elderly Man, children, pregnant women, and sick people Article 97 General transport companies who operate motor vehicles certain mandatory giving special treatment to the disabled, elderly man, children, pregnant women, and sick people. 2014 www.djpp.kemenkumham.go.id, no. 260 38 of article 98 (1) special treatment to the disabled, elderly man, children, pregnant women, and sick people as stipulated in article 97 include: a. the provision of facilities that provide ease of accessibility up and down which consists of at least the tools to climb down from the vehicle; b. give priority service at the time of rise and fall with the disabled man giving priority to elderly, children, pregnant women, and sick people; and/or c. provides special service to provide priority seating. (2) further Provisions regarding preferential treatment to the disabled, elderly man, children, pregnant women, and sick people is governed by regulation of the Minister. CHAPTER IX TRANSPORT RATE is considered part of the fare the passenger Fare Passengers 99 Article consists of: a. Passenger fares for the routes of the people in Transit; b. Passenger fares for transport of people not in the Routes. Article 100 (1) Passenger Tariff for the Transport of people in the Trackage referred to in Article 99 letter a consists of: a. the economy class fare; or b. the rate of non-class economy. (2) the determination of the price of economy class referred to in subsection (1) letter a was conducted by: a. the Minister, to Transport people who serve Intercity Routes antarprovinsi, Urban Transit, Transport and rural areas beyond the province of the Ministry; b. the Governor, to Transport people who serve Intercity Routes in the province as well as urban and rural Transportation that exceeds the limit one (1) County/city in one province; 2014 www.djpp.kemenkumham.go.id, no. 26039 c. Governor of Jakarta, to Transport people who serve Routes that are entirely within the province of Jakarta; d. Regent, to Transport people who serve the routes of urban and rural areas of the Ministry in the district; and e. the Mayor, to Transport people who serve the routes of urban area of his Ministry in the city. (3) the rate of passenger Transport a person in a non-class economic Routes referred to in paragraph (1) letter b defined by public transport Companies. Article 101 further Provisions regarding the tariff for Passenger Transport routes of the people in economy class referred to in Article 100 paragraph (1) letter a is regulated by regulation of the Minister. Article 102 Passenger tariff Determination for people not in Transit Routes as stipulated in article 99 letter b differentiated for: a. Passenger fares for transport of people not in the Routes with the use of taxis; and b. the passenger fares for transport of people not in the Routes with specific purposes, tourism, and in certain regions. Article 103 (1) Quantity of passenger fares for transport of people not in the Route by using the cab referred to in letter a of article 102 proposed by each public transport Company to: a. the Minister, to the taxi area of operations beyond the territory of the province. b. the Governor, to the taxi area of operations beyond the territory of the city or County in the region of 1 (one) provinces; or c. the bupati/walikota, to the taxi area of operations was in the area of the district/city. (2) based on the proposed Public transport companies as referred to in paragraph (1), the Minister, Governors, or bupati/walikota gives its consent in accordance with. (3) further Provisions regarding the procedures for the calculation of tariffs for Transit Passengers not in a Route using a taxi arranged by ministerial regulation. 2014 www.djpp.kemenkumham.go.id, no. 260 40 Article 104 Passenger Fares for transport of people not in the Routes with specific purposes, tourism, and in certain areas as referred to in article 102 letter b established on the basis of an agreement between service users and the Public transport companies. Article 105 Public transport company can provide discounted rates for men age and children. The second part of the price of Transport of goods Article 106 Transport tariff item Assignment based on agreement between the users of the service and the goods transport company. CHAPTER X PUBLIC PASSENGER TRANSPORT SUBSIDIES of article 107 (1) public passenger transport by economy class fares on certain Routes can be given subsidies by the Government and/or regional governments. (2) the granting of subsidies by the Government as referred to in subsection (1) is allocated in the budget of the ministries/agencies Transportation Affairs Wing Street. (3) certain Trackage referred to in subsection (1), determined on the basis of: a. financial factors; and b. the factors of connectedness. (4) the specific Routes based on financial factors referred to paragraph (2) letter a include: a. Routes connecting the border region and/or other regions because of the social aspect of political considerations; b. Urban Transport Routes and rural Transportation specifically for students and/or students; c. the routes of urban mass transit with the tariff keekonomiannya not affordable by the purchasing power of the community; or www.djpp.kemenkumham.go.id


2014, no. 26041 d. Trackage which is the determination of the charge under operational costs are set by the Government and/or local governments. (5) a particular Route which is based by a factor of connectedness as referred to paragraph (3) the letter b include: a. Routes connecting the region isolated and/or have not been developed with urban areas that have not been served by public transport; and b. Routes serving transfer Passengers of Transport crossing of the pioneer, the pioneer ocean freight, air freight or pioneer. (6) further Provisions regarding the determination of the specific Routes governed by regulation of the Minister. Article 108 (1) the magnitude of the subsidy of public transport as referred to in section 107 subsection (2) is given on a particular Route based on: a. the difference between the cost of the operation issued by the acquired company's operating income of public transport; or b. the cost of operation of Transport of people transport companies issued by the person, if income is taken by another party designated by the giver of subsidies. (2) further Provisions concerning the calculation of the magnitude of subsidies to public transport as referred to in paragraph (1) are governed by the regulations of the Minister after coordinating with the Minister who organized a government financial affairs. Article 109 the granting of subsidies to public passenger transport in the Organization of the routes of Public transport companies to be implemented by: a. the Government for transport Intercity Intercity Transport or antarprovinsi in the province, Urban Transport or Transport rural national impact; b. the provincial government for the Intercity Transport in the province, or the urban or rural Transit Transport which affects regional; c. the County Government for Urban Transport or Transport in rural districts; and/or d. City Government for Urban Transport or Transport in rural areas of the city. 2014 www.djpp.kemenkumham.go.id, no. 260 42 Article 110 Election Public transport companies serving the public passenger transport in the subsidized route as stipulated in article 109 is done through the process of: a. the auction which was followed by a legal business entity-body in the field of public transport; or b. the designation directly to state-owned enterprises or areas owned enterprises engaged in the public transport with the principles of the assignment. Article 111 the subsidies given by the Government as stipulated in article 107 paragraph (1) in accordance with the financial capabilities of the State and region. CHAPTER XI TRANSPORT PUBLIC SERVICE INDUSTRY Article 112 (1) public transport services should be developed into a service industry that meet the standards of service and encourage healthy competition. (2) to comply with its standards of service and healthy competition as referred to in paragraph (1), the Government and/or local authorities should: a. set the segmentation and classification of the market; b. set the minimum service standard; c. establish criteria of healthy competition; d. encourage creation of markets; and e. controlling and overseeing the development of a public transport service industry. Article 113 to define market segmentation and classification referred to in Article 112 paragraph (2) letter a is done through field survey and technical studies academic. Article 114 (1) minimum service standard as referred to in article 112 paragraph (2) letter b consists of: www.djpp.kemenkumham.go.id 2014, no. 26043 a. Ministry of economy; and b. a non-economic services. (2) a standard minimum service referred to in subsection (1) is based on the facilities provided to service users. Article 115 (1) to encourage healthy competition between the public transport companies as referred to in article 112 paragraph (2) Letter c is classified: a. large corporation; b. medium companies; or c. a small company. (2) the classification referred to in paragraph (1) is based on: a. the facilities and infrastructure; b. human resources; c. the results of annual sales (revenue); and d. the production capacity (bus/km). (3) the classification of the company referred to in subsection (1) is used as the basis for the granting of permits the Organization of Transport. Article 116 to encourage the creation of markets referred to in Article 112 paragraph (2) letter d, the Government and/or regional governments can: a. give subsidies for certain Routes as intended by article 107 paragraph (1); b. provide guidance and technical assistance; c. conduct guidance and management training to Public transport companies; and d. conduct training and increased competence to the mechanics, technicians, drivers, driver assistants and/or from Public transport companies. Article 117 to control and supervise the development of the service industry of public transport as referred to in article 112 paragraph (2) letter e is done via: www.djpp.kemenkumham.go.id 2014, no. 260 44 a. evaluation of Routes and vehicles for the Transport needs of people with a common motor vehicle Routes; or b. an evaluation of the maximum number of vehicles for the Transport needs of people with a common motor vehicle not in the Routes. Article 118 the terms more about public transport service industry is controlled by a regulation of the Minister. CHAPTER XII LICENSING TRANSPORT MANAGEMENT INFORMATION SYSTEM Article 119 (1) the competent authority issuing the permit holding of Freight in Transit, Route not in Routes, and special goods Transport obligated to organise Transport permissions management information system. (2) the information system referred to in subsection (1) is the activity of collecting and processing data permissions based on: a. the transport entrepreneurs reports concerning realization of Freight each month; b. results of the control and supervision; and c. the results of performance assessment of transport companies. (3) further Provisions concerning the licensing of Transport management information system is controlled by a regulation of the Minister. CHAPTER XIII the ROLE SOCIETY Article 120 (1) the community has the right to participate in the Organization of Transport roads. (2) the role of the community as referred to in subsection (1) include the following: a. provide input to instance constructor of traffic and Road Transport in the perfecting of laws-invitations, technical guidelines and standards in the field of Road Transport; b. monitor the implementation of the standard public transport services performed by Public transport companies; 2014 www.djpp.kemenkumham.go.id, no. 26045 c. reporting to public transport companies perform deviations against the standard of service of public transport authorities permission giver; d. providing input to the instance constructor of traffic and Road Transport in the improvement of public transport services; and/or e. maintains facilities and infrastructure of roads, Transport and maintain the security, safety, public order, and fluency of the Road Transport. (3) the role of the community as referred to in subsection (1) is submitted to government agencies or local governments comply with the basic tasks and functions of the Agency. (4) the Government and/or regional Governments consider and follow up on feedback and opinions delivered by the community as referred to in paragraph (3). (5) further Provisions regarding the role of the community is governed by regulation of the Minister. CHAPTER XIV ADMINISTRATIVE SANCTIONS of article 121 (1) Public transport companies which violate the conditions as referred to in article 56 paragraph (1), article 57, article 58, article 78, paragraph (1) of article 83, article 86 paragraph (2), article 88 paragraph (4), article 90 paragraph (1) and article 91, paragraph (1) are administrative sanctions. (2) administrative Sanctions referred to in paragraph (1) in the form of: a. a written warning; b. administrative fines; c. freezing of the permit; and/or d. revocation. (3) administrative Sanctions referred to in paragraph (2) is given by the Minister, Governors, or bupati/walikota in accordance with those powers. Article 122 further Provisions concerning the criteria and procedures for the imposition of administrative sanctions referred to in Article 121 is controlled by a regulation of the Minister. 2014 www.djpp.kemenkumham.go.id, no. 260 46 Article 123 (1) Every holder of a permit who violates the provisions as referred to in article 97 and article 98 is an administrative sanction. (2) administrative Sanctions referred to in paragraph (1) in the form of: a. a written warning; b. administrative fines; c. freezing of the permit; and d. the revocation. (3) administrative Sanctions referred to in paragraph (2) is given by the Minister, Governors, or bupati/walikota in accordance with those powers. Article 124 (1) administrative Sanction in the form of a written warning as stipulated in article 123 para (2) letter a worn at most 2 (two) times with each period of 30 (thirty) days. (2) in the event that the holder of the permit does not carry out its obligations after the expiry of the period referred to in subsection (1), subject to a maximum fine of Rp RP 24 m (twenty-four million rupiah). (3) the imposition of a penalty referred to in subsection (2), does not eliminate the obligation referred to in Article 97 and article 98. (4) in the event that the holder of the permit within a period of 30 (thirty) calendar days since the imposition of the fine did not make the payment of fines and implement the obligations as stipulated in article 97 and article 98, are sanctions freezing freezing which consists of card permit supervision. (5) for a period of 60 (sixty) calendar days from the date of freezing the permission referred to in subsection (4), the holder of the permit does not carry out its obligations, subject to the sanction of revocation revocation card monitoring. CHAPTER XV TRANSITIONAL PROVISIONS Article 125 Permits the Organization of public transport which have been issued prior to the enactment of this Regulation remains valid until it expires. www.djpp.kemenkumham.go.id


2014, no. 26047 CHAPTER XVI in CLOSING PROVISIONS Article 126 at the time when this Regulation comes into force, all the rules of implementation of the Government Regulation Number 41 in 1993 about the Road Transport (State Gazette of the Republic of Indonesia Number 59 in 1993, an additional Sheet of the Republic of Indonesia Number 3527) stated to still remain in force throughout does not conflict with the provisions of this Regulation. Article 127 at the time when this Regulation comes into force, the Government Regulation Number 41 in 1993 about the Road Transport (State Gazette of the Republic of Indonesia Number 59 in 1993, an additional Sheet of the Republic of Indonesia Number 3527) revoked and declared inapplicable. Article 128 of this Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia. Established in Jakarta on October 14, 2014, PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on October 14, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id

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