SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 132, 2004 |
(Explanation In Addition Of Indonesia's Republic Of Indonesia Number 4444). |
REPUBLIC OF INDONESIA LEGISLATION
NUMBER 38 2004
ABOUT
Move.
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the road as one of the transportation infrastructure is an important element in the development of a nation's life and international, in the coaching of unity and unity of the nation, the region of the country, and the functioning of the people and in advancing well-being. As defined in the Opening Date of the Constitution of the Republic of Indonesia in 1945;
., b. that the road as a part of the national transport system has a significant role in supporting the economic, social and cultural areas and the environment and developed through an approach to the development of the region to achieve balance and The alignment of development between regions, forming and establishing a national unity to establish national defense and security, and to form a space structure in order to realize national development goals;
., c. that in order to continue the role of the road as it should be, the government has the right and duty of hosting the road;
., d. That for the purpose of a way to be executed in a useful and successful way, it is necessary for community involvement;
., e. That with the development of regional autonomy, the challenges of global competition, and the demands of increasing public role in the implementation of the Road, Law Number 13 of 1980 on the Road (State Sheet of the Republic of Indonesia 1980 No. 83, The Additional Sheet State Number 3186) does not match any more as the cornerstone of the rules of setting up the road;
., f. that based on the consideration of the letter a, the letter b, the letter, c, letter d, and the letter e, need to be formed of the Act on the path;
.,, Given: Section 5 of the paragraph (1), Article 20, Article 33 of the paragraph (3), and Article 34 of the paragraph (3) of the Basic Law of 1945 as amended by the Fourth Amendment of the Basic Law of 1945;
By mutual consent
REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
And
PRESIDENT OF THE REPUBLIC OF INDONESIA,
DECIDED:
., SETTING OUT: THE LEGISLATION ON THE ROAD
SAB I
UMUM PROVISIONS
Section 1
In this Act, it is:
., 1. The Central Government, which is later called the Government, is a State-Union device of the Republic of Indonesia which is composed of the President and the ministers.
2. The Minister is the minister in charge of the field of roads.
., 3. The local government is the head of the area along with other autonomous area devices as regional executive bodies.
., 4. The road is a ground transportation infrastructure that covers all parts of the road, including complementary buildings and its equipment for traffic, which is on the ground level, above ground level, below ground level and/or water, as well as above the water level, except for rail roads, lori roads, and cable roads.
5. The public road is the road that is reserved for public traffic.
., 6. A special path is a path built by an instance, an enterprise, individual, or a community group for its own sake.
., 7. A toll road is a common road that is part of a road network system and as a national road that users are required to pay tolls.
., 8. Toll is a certain amount of money paid for the use of toll roads.
., 9. Hosting is an activity that includes setting, coaching, construction, and road surveillance.
., 10. A street setting is the formulation of the planning policy, the preparation of general planning, and the drafting of the laws of the street.
., 11. Road coaching is the activities of drafting guidelines and technical standards, services, empowerment of human resources, as well as road research and development.
., 12. Road construction is a programming and budgeting activity, technical planning, construction execution, and road maintenance and maintenance.
., 13. Road supervision is the activities undertaken to realize the orderly setting, coaching, and construction of the road.
., 14. Road organizers are the parties that conduct arrangements, coaching, construction, and road supervision according to its authority.
., 15. A freeway is a common road for continuous traffic control, and without a crossing of the field, and with a road-owned fence.
., 16. The National Highway Regulatory Agency (BPJT) is the body formed by the Minister, is under, and is responsible to the Minister.
., 17. The business agency in the area of the expressway called the Entity is a legal entity that moves in the area of the highway company.
., 18. The road network system is a single unit of road between interlinking and binding growth centers with territories that are in the influence of its service in a single hierarchical relationship.
., 19. A person is an individual person or a business entity, whether or not a legal entity or a legal entity.
AB II
ASAS, PURPOSE, AND SCOPE
Section 2
The path is based on the principle of expediency, safety and safety, greed, harmony and balance, justice, transparency and accountability, usefulness and usability, as well as togetherness and partnership.
Section 3
The setting up of the road aims to:
a. ensure the law and assurance of law in the event of a path;
b. embodied the role of the community in the course of
.,, c. embodied the role of road organizer optimally in the granting of services to the community;
., d. And to the end of the world, and to the people, and to the people,
., e. Realize a useful and successful way to support the system of the integrated transit system.
f. realize a transparent and open toll road firm.
Section 4
The scope of the settings in this Act includes hosting:
a. a public road that includes setting, coaching, building, and oversight;
b. toll road including setup, coaching, enterprise, and supervision; and
C. Special course.
SAB III
THE ROLE, GROUPING, AND ROAD PARTS
First Part
Path Role
Section 5
., (1) The road as a part of transportation infrastructure has an important role in the economic, social cultural, environmental, political, defence and security environment, and is used for the greater prosperity of the people.
., (2) The path as the infrastructure of distribution of goods and services is the artery of the life of society, nation, and country.
.,, (3) The road which is one unity of the road network system connects and binds the entire territory of the Republic of Indonesia.
Second Part
Path Grouping
Section 6
(1) The path in accordance with its designation consists of a common road and a special road.
.,, (2) The public road as referred to in paragraph (1) is grouped according to system, function, status, and class.
., (3) Special Path as referred to in paragraph (1) is not for general traffic in order for the distribution of goods and services needed.
.,, (4) Further provisions on special roads as referred to in paragraph (3) are governed in the Government Regulation.
Section 7
.,, (1) The road network system consists of a primary road network system and a secondary road network system.
.,, (2) The primary road network system as referred to in paragraph (1) is a road network system with the role of distribution of goods and services for the development of all regions at the national level, by connecting all the nodes of service The distribution is in the form of activities
.,, (3) The secondary road network system as referred to in verse (1) is a road network system with the role of distribution of goods and services distribution to communities within urban areas.
., (4) The provisions further elude the road network system as referred to in paragraph (1), paragraph (2), and paragraph (3) is governed in the Government Regulation.
Section 8
.,, (1) The public street according to its functions are grouped into arterial roads, collector ' s paths, local roads, and environmental roads.
., (2) The arterial path as referred to in verse (1) is a common road that serves the primary transport with remote travel features, high average speed, and the number of entrances are defensively.
.,, (3) The path of the collector as referred to in a verse (1) is a common road that serves either the transport of the collector or the spawning with a feature of moderate distance travel, the average speed is being, and the number of entrances is restricted.
., (4) The local road as referred to in verse (1) is a common road that serves local transport with close-range travel features, low average speed, and the number of unrestricted roads.
., (5) The path of the environment as referred to in verse (1) is a common road that serves the transport of the environment with close-range travel features, and low average speed.
.,, (6) Further fame on arterial roads, collector ' s paths, local roads, and environmental roads as referred to in paragraph (2), paragraph (3), paragraph (4), and paragraph (5) are governed in the Government Regulation.
Section 9
.,, (1) The public street according to its status is grouped into national roads, provincial roads, county roads, urban roads, and village roads.
., (2) The national road as referred to in verse (1) is an arterial road and a collector ' s path in the primary road network system that connects the antaribucity of the province, and the national strategic road, as well as the toll road.
.,, (3) The provincial road as referred to in verse (1) is a collector ' s path in the primary road network system that connects the provincial capital with the district/city capital, or the county/city antaribucity, and the provincial strategic road.
(4) The way of the district as it is referred to in verse (1) is the local road in the system of primary road networks which is not included in verse (2) and verse (3), which connects the county capital to the capital city, between the capital city, the capital of the district with a local activity center, intercenter of local activities, as well as public roads in the secondary road network system within the county area, and the county strategic road.
.,, (5) The city road as referred to in verse (1) is the common road in the secondary road network system that connects the city's interior ministry, connecting the service center with a persil, connecting the interperils, and connecting the The center of the neighborhood is in the city.
(6) The way of the village as referred to in verse (1) is the common road that connects the region and/or between settlements within the village, as well as the street of the neighborhood.
.,, (7) Further provisions on the status of the common road as referred to in paragraph (2), paragraph (3), paragraph (4), paragraph (5), and paragraph (6) are governed in the Government Regulation.
Section 10
.,, (1) For the setting of road usage and traffic agility, the road is divided in several street classes.
.,, (2) the division of the street class is governed in accordance with the provisions of the rules of the traffic and the transit of roads.
.,, (3) Street-class settings based on the provisioning specifications of the roadway are grouped over freeway, highway, medium roads, and small roads.
.,, (4) Further provisions on the specifications of the road infrastructure provision as referred to in paragraph (3) are governed in the Government Regulation.
Third Part
Part-Part Street
Section 11
.,, (1) Parts of the road include road benefit space, road-owned space, and street surveillance.
.,, (2) the road benefit room as referred to in paragraph (1) includes road bodies, road edge channels, and its safety threshold.
.,, (3) The street-owned space as referred to in paragraph (1) includes road benefit space and certain land sepaths outside the road benefit space.
.,, (4) The street monitoring room as referred to in paragraph (1) is a certain space beyond the existing road-belonging space under the supervision of the road organizer.
., (5) Further provisions concerning the road benefit space, the street-owned space, and the street surveillance space as referred to in paragraph (2), paragraph (3), and paragraph (4) is set in Government Regulation.
Section 12
.,, (1) Any person is prohibited from performing deeds resulting in disruption of road functions within the road benefit space.
.,, (2) Any person is prohibited from performing the deeds resulting in the disruption of road functions in the street-owned space.
.,, (3) Any person is prohibited from performing deeds resulting in disruption of road functions in the street surveillance space.
BAB IV
PUBLIC ROAD
First Part
Mastery
Section 13
(1) The power of the road is in the country.
., (2) The authoring by the state as referred to in paragraph (I) authorizes the Government and the local government to carry out the hosting of the roads.
Second Part
Government authorization
Section 14
., (1) The authority of the Government in the hosting of roads includes the hosting of the street in general and the hosting of national roads.
., (2) The authority of the hosting of the road in general and the hosting of national roads as referred to in paragraph (1) includes setting, coaching, development, and supervision.
Third Part
Provincial Government Authority
Section 15
.,, (1) The authority of the provincial government in the hosting of roads includes the holding of provincial roads.
.,, (2) The authority of the holding of provincial roads as referred to in paragraph (1) includes setting, coaching, construction, and monitoring of provincial roads.
.,, (3) In terms of the provincial government it has not been able to carry out part of its authority as it is referred to in verse (1), the provincial government may submit such authority to the Government.
., (4) Further provisions of the authority of the provincial road hosting as referred to in paragraph (1) and the submission of the authority as referred to in paragraph (3) are governed in the Government Regulation.
Fourth Part
District/City Government Authority
Section 16
.,, (1) The authority of the county government in the hosting of roads includes hosting of county roads and village roads.
.,, (2) The authority of the municipal government in the hosting of roads includes the hosting of the city road.
., (3) The authority of the hosting of county roads, city roads, and village roads as referred to in paragraph (1) and verse (2) includes setting, coaching, construction, and surveillance.
., (4) In terms of the county/city government have not been able to carry out part of its authority as it is referred to in verse (1) and verse (2), the county/city government may submit that authority to the provincial government.
., (5) any further terms regarding county road alignment authority as referred to in paragraph (1), the authoring of the city road intercession as referred to in paragraph (2), and the submission of the authority as referred to in paragraph (4) is set in Government Regulation.
Fifth Part
Public Path Settings
Section 17
Common road arrangements include road arrangements in general, national road arrangements, provincial road arrangements, county road arrangements and village roads, as well as urban road arrangements.
Section 18
(1) The path setting in general as referred to in Article 17 includes:
., a., a. the establishment of a law according to its authority;
b. the formulation of the planning policy;
(c):
d. norm, standard, criteria, and path setting guidelines.
(2) The national road setting as referred to in Article 17 includes:
.,
., a., a. function of road function for arterial road and collector paths connecting provincial antaribucity in primary road network systems;
b. designation of national road status; and
c. General planning of national road network planning.
Section 19
Provincial road settings as referred to in Section 17 include:
., a., a. the formulation of the policy of holding provincial roads based on national policy in the field of roads;
., b. Drafting operational guidelines for provincial roads, with regard to the centenary of the province's territory;
., c. establishing road functions in the secondary road network system and collector road connecting provincial capitals with county capitals, county antaribucities, local roads, and environmental roads in the primary road network system;
d. designation of the provincial road status; and
e. construction of provincial road network planning.
Section 20
The setting up of the county road and the village road as referred to in Article 17 includes:
., a., a. The formulation of the policy of the county road and village roads is based on national policy in the area of the road with regard to the centenary of inter-regional and interregional areas;
b. The drafting of the operational guidelines of the county road and the village road;
c. designation of county road status and village roads; and
d. construction of county road network planning and village roads.
Section 21
The setting up of the city road as referred to in Article 17 includes:
., a., a. The formulation of the policy of the city street is based on national policy in the area of the road with regard to the centenary of the region and between regions;
b. The drafting of the operational guidelines for the city road;
c. designation of city road status; and
d. construction of urban road network planning.
Section 22
Further provisions of road arrangements as referred to in Article 17, Section 18, Article 19, Section 20, and Section 21 are governed by the Government Ordinance.
Section 6
Public Road Development
Section 23
Public road coaching includes road coaching in general and national roads, provincial roads, county roads and village roads, as well as city roads.
Section 24
Road coaching in general and national roads as referred to in Article 23 includes:
., a., a. development of guidance systems, counseling, as well as education and training in the field of roads;
b. provide guidance, counseling, and training of the apparatus in the field of the street;
c. Assessment and research and development of road and related field technologies;
., d. the granting of a dispute settlement facility between the provinces of the road; and
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Section 25
Provincial road coaching as referred to in Article 23 includes:
., a., a. mentoring, counseling, as well as education and training of the provincial road organizers and district road organizer/kota;
., b. Research and research and development of technology in the field of roads for provincial roads; and
., c. awarding a dispute settlement facility between districts/cities in the course of the road.
Section 26
The coaching of county roads and village roads as referred to in Article 23 includes:
., a., a. mentoring, counseling, as well as education and training of the county road organizer and village road;
., b. granting of permits, recommendations, dispensations, and consideration of utilization of road benefit rooms, street-owned spaces, and street surveillance rooms; and
c. development of applied technology in the area of roads for county roads and village roads.
Section 27
Urban road coaching as referred to in Article 23 includes:
., a., a. mentoring, counseling, as well as education and training of the city ' s road organizers;
., b. granting of permits, recommendations, dispensation and consideration of utilization of road benefit rooms, street-owned spaces, and street surveillance rooms; and
c. development of applied technology in the field of road to city road.
Section 28
Further provisions on the arrangement of the road as referred to in Article 23, Section 24, Section 25, Section 26, and Section 27 are governed by the Government Ordinance.
The Seventh
Public Road Development
Section 29
Public road construction, covering road construction in general, national road construction, provincial road construction, county road construction and village roads, as well as urban road construction.
Section 30
.,, (1) the construction of the road in general as referred to in Article 29 is as follows:
.,
., a., a. the operation of a public road is conducted after it has been declared to meet the technical and administrative functions of the function.
., b. Road organizers are required to perform maintenance, maintenance and maintenance of the road periodically to maintain the level of road service in accordance with the specified minimum service standards;
.,, c. financing of the public road construction into the responsibility of the Government and/or local government in accordance with the authority of each other;
., d. In terms of local governments not yet able to finance the construction of a road that is its overall responsibility, the Government can assist in accordance with the laws of the laws;
., e. Some of the Government's authority in the field of national road construction includes technical planning, construction, operation, and construction of the local government in accordance with the laws of the law; and
., f. the creation of laws, including criteria, requirements, standards, procedures and manuances; the drafting of national road common plans, and the implementation of supervision done with regard to input from the public.
., (2) Further terms on the terms of the function of the function, the system of maintenance, maintenance and periodic examination, and the financing of public road construction, as well as the community input as referred to in paragraph (1) are governed in the Regulation. The government.
Section 31
The construction of a national road as referred to in Article 29 includes:
., a., a. technical planning, programming and budgeing, land procurement, as well as the implementation of national road construction;
b. The operation and maintenance of the national road; and
c. The development and management of the national road management system.
Section 32
The construction of provincial roads as referred to in Article 29 includes:
., a., a. technical planning, programming and budgeing, land procurement, as well as the implementation of provincial road construction;
b. the operation and maintenance of the provincial roads; and,
c. The development and management of the provincial road management system.
Section 33
The construction of the county road and village road as referred to in Article 29 includes:
., a., a. technical planning, programming and budgeing, land procurement, as well as the execution of county road construction and village roads;
b. the operation and maintenance of the district and the village roads; and
., c. development and management management of district road maintenance and village roads.
Section 34
The construction of the city road as referred to in Article 29 includes:
., a., a. technical planning, programming and budgeing, land procurement, as well as the execution of city road construction;
b. operation and maintenance of the kola road; and
c. development and management of urban road maintenance management.
Section 35
Further provisions on the construction of the road as referred to in Article 29, Article 30, Article 31, Section 32, Article 33, and Article 34 are governed under the Government Ordinance.
Section 8
Public Road Surveillance
Section 36
Public road surveillance covers street surveillance in general, national road surveillance, provincial road surveillance, county road surveillance and village roads, as well as city road surveillance.
Section 37
(1) The street monitoring in general as referred to in Article 36 includes:
., a., a. evaluation and study of the implementation of the roadway policy;
b. function control and the benefits of road development results; and
c. The results of the path of the road must meet the specified minimum service standards.
(2) the supervision of a national road as referred to in Article 36 includes:
., a., a. the evaluation of the performance of the national road;
b. function control and benefit of the results of national road development.
Section 38
The supervision of provincial roads as referred to in Article 36 includes:
a. performance evaluation of the performance of the provincial road; and
b. function control and benefit the outcome of provincial road development.
Section 39
The oversight of county roads and village roads as referred to in Article 36 includes:
a. performance evaluation of the staging of county roads and village roads; and
., b. Control of the function and benefit of the outcome of the county road and village roads.
Section 40
The surveillance of the city road as referred to in Article 36 includes:
a. performance evaluation of the performance of the city road; and
b. function control and benefit the outcome of urban road development
Section 41
Further provisions on street supervision as referred to in Article 37, Article 38, Article 39, and Article 40 are regulated in the Government Ordinance.
Section 42
Each person is prohibited from holding a path that is not in accordance with the laws.
BAB V
THE FREEWAY.
First Part
General
Section 43
(1) The toll road is organized for:
., a., a. smoothing traffic in the developed areas;
., b. enhance the purpose and power of the distribution services of goods and services in order to improve economic growth;
c. ease the burden of Government funds through the participation of road users; and
d. increase the alignment of the results of development and justice.
.,, (2) The toll road company is carried out by the Government and/or the business entity that meets the requirements.
.,, (3) toll road users are subject to pay of tolls used for the return of investment, pemeliharaaan, and toll road development.
.,, (4) any further provisions regarding the hosting as referred to in paragraph (1), paragraph (2), and paragraph (3) are set in
Government rules .
Second Part
Toll Road Terms
Section 44
.,, (1) The toll road as part of a common road network system is an alternative traffic.
(2) In certain circumstances, the toll road may not be an alternative cross.
.,, (3) The toll road must have a higher specification and service than on the existing public road.
.,, (4) Further provisions concerning the specification and service of the toll road as referred to in paragraph (3) are set in
Government rules .
Third Part
The Authority of the National Highway
Section 45
(1) The authority of the hosting of tolls is on the Government.
.,, (2) The authority of the hosting of expressways includes setting, coaching, entrepreneurial, and toll road surveillance.
., (3) A portion of the Government ' s authority in hosting the toll road as referred to in paragraph (1) and paragraph (2) is exercised by the BPJT.
., (4) The BPJT as referred to in paragraph (3) is formed by the Minister, is below, and is responsible to the Minister.
.,, (5) The BPJT membership as referred to in paragraph (4) consists of Government elements, stakeholder elements, and community elements.
.,, (6) The BPJT task is to carry out a portion of the hosting of the expressway, covering:
.,
., a., a. toll road settings include the granting of initial fare recommendations and their regrets to the Minister, as well as the takeover of the toll road at the end of the concession period and the subsequent operating recommendation of the recommendation;
., b. toll road equipment includes preparation of toll road equipment, investment procurement, and granting land release facilities; and
., c. toll road supervision includes monitoring and evaluation of toll road entrepreneurship and surveillance on toll road services.
., (7) Further terms on the authority of the hosting of the expressways and BPJT as referred to in paragraph (2), paragraph (3), paragraph (4), paragraph (5), and paragraph (6) is set in
Government rules .
Fourth Part
Expressways
Section 46
.,, (1) The toll road arrangements include the formulation of planning policies, the drafting of general planning, and the establishment of laws.
., (2) The toll road arrangements are intended to realize safe, comfortable, successful and useful expressways, as well as transparent and open entrepreneurial.
.,, (3) Further provisions regarding toll road arrangements as referred to in paragraph (1) and paragraph (2) are set in
Government rules .
Section 47
.,, (1) The general plan of toll road networks is an integral part of the national road network ' s common plan.
(2) The government sets out a general plan of the toll road network.
(3) The Minister established a toll road bill.
.,, (4) Further provisions on the assignment of toll road network general plans as referred to in paragraph (2) and paragraph (3) are set in
Government rules .
Section 48
.,, (1) The toll tarif is calculated based on the road user ' s pay capability, large profit operating cost of vehicle operations, and investment eligibility.
.,, (2) The large toll tarif listed in the toll road company agreement is specified in conjunction with the designation of the operation of the road as a toll road.
.,, (3) The evaluation and adjustment of toll fares is performed every 2 (two) years on the basis of the inflation rate influence.
(4) The treatment of early toll rates and the adjustment of toll tariffs is set by the Minister.
.,, (5) Further provisions regarding toll preliminary rates and the adjustment of toll rates as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are set in
Government rules .
Fifth Part
Highway Development
Section 49
.,, (1) The coaching of expressways includes the activities of drafting guidelines and technical standards, services, empowerment, as well as research and development.
., (2) Further provisions regarding toll road coaching as referred to in paragraph (1) are governed in the Government Regulation.
Section 6
Highway Company
Section 50
.,, (1) The expressway of the toll road is carried out with the intent to accelerate the embodiment of the freeway network as part of a national road network.
.,, (2) The toll road entrepreneurship includes funding activities, technical planning, execution of construction, operation, and/or maintenance.
.,, (3) The authority of regulating the enterprise of expressways is exercised by the BPJT as referred to in Article 45 of the paragraph (3).
.,, (4) The highway enterprise is carried out by a state owned enterprise and/or an area owned and/or private-owned business entity.
.,, (5) In certain circumstances that lead to the development of the highway network cannot be realized by the business entity as referred to in paragraph (4), the Government can take steps according to its authority.
.,, (6) The toll road company ' s sessions are given within a certain period of time to meet the return of investment funds and reasonable profits for the toll road effort.
.,, (7) In terms of the concession as referred to in paragraph (6) ends, the Government sets out the status of the toll road in question according to its authority.
.,, (8) In certain circumstances that cause toll road enterprise cannot be completed under the terms set forth in the toll road enterprise agreement, the Government may conduct a settlement step for the survival of the enterprise Toll road.
.,, (9) Further provisions regarding toll road claimants as referred to in paragraph (3), paragraph (4), paragraph (5), paragraph (6), paragraph (7), and paragraph (8) are set in
Government rules .
Section 51
.,, (1) The toll road company granted by the Government to the business entity as referred to in Article 50 of the paragraph (4) is carried out through the auction transparently and openly.
.,, (2) The auction as referred to in verse (1) may include a portion or the entire scope of a highway enterprise.
.,, (3) The business entity that acquired the rights of toll road claimants based on the proceeds of the auction as referred to in paragraph (1) entered into a toll-road enterprise agreement with the Government.
.,, (4) Further provisions concerning the auction of toll road and toll road enterprise agreements referred to in paragraph (1), paragraph (2), and paragraph (3) are set in
Government rules .
Section 52
.,, (1) In terms of the construction of the toll road passing through the existing road, the venture agency provides a replacement road.
.,, (2) In terms of construction of the toll road located on the existing road, the existing path must remain functioning properly.
.,, (3) In terms of implementation of the construction of the toll road disrupting existing traffic lines, the venture body first provides a suitable temporary replacement path.
., (4) Further provisions on the replacement path, the construction of the toll road on the existing road, and the provision of the cement replacement path of tara as referred to in paragraph (1), paragraph (2), and paragraph (3) is set in
Government rules .
Section 53
.,, (1) The toll road is reserved only for road users who use motor vehicles.
.,, (2) The type of motor vehicle as referred to in paragraph (1) is set by the Government.
.,, (3) The use of toll roads other than as referred to in paragraph (1) may be done with the Government ' s consent.
.,, (4) In terms of a traffic network the existing common road does not function as it should, the alternating alternating highway ruas can be used while being a public road without tolls.
.,, (5) The penetration of the highway ruas into a non-expressway public road as referred to in paragraph (4) is carried out by the Minister.
., (6) Further provisions of toll road users, the designation of motor vehicle types, and the use of toll roads, as referred to in paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (5) are set in
Government rules .
Section 54
Each person is prohibited from trying to make a highway as a highway before the Minister's designation.
Section 55
Toll road users are required to comply with the laws of traffic and road transit, the laws of the road, and other laws.
Section 56
Each person is prohibited from entering the expressway, except for the user of the toll road and the highway officer.
The Seventh
Surveillance of the Expressway
Section 57
., (1) The toll road supervision includes activities undertaken to realize orderly setting and coaching of expressways as well as the entrepreneurial of the toll road.
., (2) The provisions of toll road oversight as referred to in paragraph (1) for general supervision by the Government and the supervision of the enterprise by BPJT is set in
Government rules .
BAB VI
PROCURING LAND
First Part
Procurement Land for Road Development
Section 58.
.,, (1) The existence of land for road construction for common interests is exercised based on the district/city district layout plan.
.,, (2) The construction of the road as referred to in paragraph (1) is socialized to the public, especially its lands required for road construction.
., (3) Licensee's rights to the land, or the user of the country's land, or the people of the customary law, whose land is required for road construction, is entitled to a change of loss.
.,, (4) the indemnation in the order of land procurement as referred to in paragraph (1) and paragraph (3) are exercised under agreement in accordance with the laws in the field of the land.
Section 59
.,, (1) If an agreement is not reached and the development location cannot be moved, it is carried out the revocation of the rights to the land in accordance with the laws in the field of land.
.,, (2) The implementation of road construction may begin on the field of land that has been given a change of loss or has been revoked the rights to its land.
Section 60
In order to guarantee legal certainty, the land already controlled by the Government in order for the construction of the road is registered to be issued a certificate of rights to its land in accordance with the provisions of the laws in the field of land.
Second Part
Procurement Land for
Construction of the Expressway
Section 61
.,, (1) The government carries out land procurement for the construction of toll roads for common interests based on the district/city area layout plan.
.,, (2) The existence of the land as referred to in paragraph (1) may use funds derived from the Government and/or the business entity.
., (3) The provisions as referred to in Article 58, Section 59, and Section 60 are applicable to the procurement of land for the construction of toll roads.
BAB VII
COMMUNITY ROLE
Section 62.
(1) Community is entitled to:
.,
., a., a. provide input to road organizers in order of setting, coaching, construction, and road supervision;
b. participate in the following:
.,, c. obtain benefits for hosting the path in accordance with the specified minimum service standards;
d. obtain information about the event of the road;
., e. obtain a suitable loss due to errors in the construction of the road; and
f. filed a lawsuit against the court against losses due to road construction.
(2) The people are obliged to participate and maintain order in the use of road functions.
.,, (3) Further provisions on the rights and obligations of the community as referred to in paragraph (1) and paragraph (2) are governed in the Government Regulation.
FAR VIII.
CRIMINAL PROVISIONS
Section 63
.,, (1) Any person who intentionally commits an activity resulting in a disturbance of the road function in the road benefit chamber, as referred to in Article 12 of the paragraph (1), is convicted of the longest prison criminal 18 (eighteen) months or At most Rp. 1,500,000.00 (one billion five hundred million rupiah).
.,, (2) Any person who intentionally commits an activity resulting in a disturbance of the road function in the chamber of the street, as referred to in Article 12 of the paragraph (2), is convicted of the longest prison criminal 9 (nine) month or fine It is Rp 500,000.00 (five hundred million rupiah).
.,, (3) Any person who knowingly commits an activity that results in a disturbance of the road function in the street surveillance room, as referred to in Article 12 of the verse (3), is convicted of the longest prison criminal 3 (three) months or fine most Rp 200,000.000.00 (two hundred million rupiah).
., (4) Any person who intentionally performs the activities of the street as referred to in Article 42, is convicted of a prison criminal of the longest 2 (two) years or a fine of at most Rp 2.000.000.00 (two billion rupiah).
.,, (5) Any person who intentionally performs a highway enterprise activity as referred to in Article 54, is convicted of the longest prison criminal 15 (fifteen) years or a fine of the most Rp 15,000,000.00 (fifteen billion rupiah).
.,, (6) Any person other than the user of the toll road and toll road officer who intentionally enters the motorway as referred to in Article 56, is convicted of penultimate confinement 14 (fourteen) days or the most fines of Rp 3.000.000.00 (TIGAMILLION RUPIAH).
Section 64
.,, (1) Any person who is due to his negligence results in the disruption of the road function in the road benefit chamber, as referred to in Article 12 of the paragraph (1), convicted of the penultimate confinement of 3 (three) months or the most fines of the Rp 300,000.000.00 (three hundred million rupiah).
.,, (2) Any person who is due to his negligence results in the disruption of the road function in the chamber of the street, as referred to in Article 12 of the verse (2), being convicted of penal confinement for the longest 2 (two) months or the most fines of the Rp 200,000, OOO.00 (two hundred million rupiah).
., (3) Any man who is due to his negligence resulting in his disturbance the function of the road in the street watch room, as referred to in Article 12 of the verse (3), was convicted of penal confinement at least 12 (twelve) days or the most fines Rp 120,000.00 (a hundred and twenty million rupiah).
.,, (4) Any person other than the user of the toll road and toll road officer who because of his negligence entered the toll road, as referred to in Article 56, is convicted of a penultimate confinement 7 (seven) days or a fine of at most Rp 1,500.000.00 (one million five hundred thousand rupiah).
Section 65
., (1) In the event of a criminal offence as referred to in Article 12, Section 42, and Article 54 of the business entity, a criminal is subject to the body of the concerned entity.
(2) In the event of a criminal offence, as referred to in a paragraph (1) imposed against the entity, a convicted criminal is a criminal of a fine plus one third of the fines dropped.
BAB IX
TRANSITION PROVISIONS
Section 66
.,, (1) At the time of the enactment of this Act all implementation regulations relating to the road are declared to remain in effect as long as not in conflict with this Act.
.,, (2) The legal entity of a toll road state (PT Jasa Marga) was granted a concession based on the calculation of the investment over the entire highway carp that was carried out after the audit.
.,, (3) The sessions that privately owned business entities in the field of toll roads under Act No. 13 of 1980 were declared to remain in effect and its efforts were adjusted to this Act.
.,, (4) Penetration Grant of highway enterprise to state-owned enterprises in the field of toll road and the customization of privately owned enterprise agency in the field of motorways is carried out at least 12 (twelve) months since the effective date of the term. The law.
.,, (5) The creation of the BPJT is exercised within the most time 12 (twelve) months since the enactment of this Act.
.,, (6) The Government Regulation as the implementation of this Act is set at least 12 (twelve) months since the enactment of this Act.
BAB X
CLOSING CONDITIONS
Section 67
By the time this Act came into force, Law No. 13 of 1980 on the Road (the Gazette of the Republic of Indonesia in 1980, number 83, an additional state sheet number 3186) was declared to be unapplicable.
Section 68
This Act entered into effect on the promulgated date. In order for everyone to know it, order the invitational of the Act with its placement in the Gazette of the Republic of Indonesia.
., Dislocated in Jakarta
on October 18, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARN0PUTRI
It's called in Jakarta.
on October 18, 2004
SECRETARY OF STATE OF REPUBLIC OF INDONESIA,
BAMBANG KESOWO
