Applicable Local Number 18 By 2013 2013

Original Language Title: Peraturan Daerah Nomor 18 TAHUN 2013 Tahun 2013

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1 BUPATI of BADUNG DISTRICT of BADUNG REGULATION number 18 by 2013 ABOUT ORGANIZING TRANSPORT with MOTOR VEHICLES the PUBLIC with the GRACE of GOD ALMIGHTY the REGENT of BADUNG, Considering: a. that to materialize the Ministry transport of people and goods transport on the road with motor vehicles, public safe, comfortable and affordable, the need to control and intensive coaching; b. that with the establishment of Law – Law number 22 in 2009 about traffic and Road Transport, then the applicable local District of Badung Regencies No. 17 of 1994 about traffic and Road Transport in the territory of the District of Badung Regencies, need to be implemented adjustment with the development of the law and society today; c. that based on considerations as referred to in letter a and letter b, need to establish local regulations concerning the Organization of Public Transport with motor vehicles; Remember: 1.2. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; Act No. 69 of 1958 on the establishment of the area – regencies in the Region – regional level I of Bali, West Nusa Tenggara and East Nusa Tenggara (Indonesia Country Sheet Republic of 1958 Number 122, an additional Sheet of the Republic of Indonesia Number 1655); 3. Law – Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as amended several times with the Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 4. Law – Law Number 38 of 2004 concerning road (Sheet 2 of the Republic of Indonesia Number 132 in 2004, an additional Sheet of the Republic of Indonesia Number 4444); 5. Law – Law number 22 in 2009 about traffic and Road Transport (State Gazette of the Republic of Indonesia year 2009 Number 96, an additional Sheet of the Republic of Indonesia Number 5025); 6. Law – Law No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 82 in 2011, an additional Sheet of the Republic of Indonesia Number 5234); 7. 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); 8. The decision of the Minister of transportation KM Number 5 of 1995 on the Organization of the Weighing of motor vehicles on the road; 9. The decision of the Minister of transportation KM Number. 35 in 2003 about organizing the Transport of people on the Roads by public transport; 10. Applicable local Badung Regencies District number 4 in 1988 about Investigator civil servant in a Government Environment Badung Regencies (Sheet District of Badung Regencies number 1, Serie D No. 1); 11. Applicable local Badung Regency number 4 in 2008 about Government Affairs who became the authority of Badung (Badung Regency Regional Gazette in 2008 number 4, additional Regional Gazette Badung Regency number 4); With the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared BADUNG REGENCY and REGENT of BADUNG DECIDED: setting: LOCAL REGULATIONS ABOUT ORGANIZATION of TRANSPORT by MOTOR VEHICLES. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is the Badung Regency. 2. Local Government is a Government of Badung Regency. 3. The Regent was Regent of Badung. 4. The House of representatives next abbreviated areas of PARLIAMENT is the House of representatives of the regional Badung Regency.

3 5. Department of transportation, Service is communication and Informatics Badung Regency. 6. the head of Department is head of Department of transport, communications and Informatics Badung Regency. 7. Transport was the transfer of people and/or goods from one place to another by using the vehicle in road traffic. 8. Route Permit is a permit to transport people by bus and car/passenger car or public network routes. 9. Public transport companies are State-owned enterprises, a business entity Owned the area and/or legal entities providing transport of people and/or goods in the area with a motor vehicle. 10. Public motor vehicle is any vehicle used for the transport of people and/or goods with paid admission. 11. the Route is the path of the motor vehicle transport services to the Public, which has a fixed trip origin and destination, as well as a fixed path, either scheduled or not scheduled. 12. A network of Routes is a collection of routes-routes that become one unified service network transportation people. 13. Perkotaaan Transport is transport from one place to another in urban areas that are bound in the routes. 14. Rural Transport is transport from one place to another in one area of the County that do not intersect with routes of urban transport. 15. Tourism Transport is transit by car public buses are equipped with special signs for the purposes of tourism or other purposes outside the Transport Ministry in the routes, such as for the purposes of family and other social. 16. 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. 5. Car stuff is a motor vehicle used for the transport of goods. 18. the Ombudsman was acting State police of the Republic of Indonesia or the particular civil servant Officials who are specifically authorized by law to conduct the investigation. CHAPTER II is considered part of the FREIGHT Transportation of people and goods by motor vehicles article 2 (1) Transport of people and/or goods can use motor vehicles. (2) Transport the person with motor vehicles as referred to in paragraph (1) using a motorcycle, passenger car or bus.

4 (3) Transport of goods by motor vehicles referred to in paragraph (1) using the car stuff. (4) the car of the goods referred to in subsection (3) is used to Transport people, unless: a. the ratio of motor vehicles for transport of people, geographical conditions, infrastructure and roads in the province/district/city not yet sufficient; b. for the benefit of ceremonial and religious activities; c. for the deployment of the Indonesia national army or training and/or the State police of the Republic of Indonesia; or d. other interests based on consideration of State police of the Republic of Indonesia and/or local governments. The second part of the provision of public transport article 3 (1) public transport was organized in an effort to meet the needs of Transport, safe, comfortable, and affordable. (2) public transport of people and/or goods is only done by motor vehicles. Article 4 (1) the local Government shall be obliged to ensure the availability of public transport for the transport of people and/or goods in the territory of the region. (2) the provision of public transport services to people and/or implemented by the State-owned enterprise, region, and/or other legal entities in accordance with the provisions of the laws-invitation. The third part of the Transport of people with a common motor vehicles article 5 Paragraph 1 Public Transport Servicing 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. Article 6 (1) public transport companies obliged to meet the minimum service standard, which includes: a. Security; b. safety; c. comfort; d. affordability; e. equality; and 5 f. regularity. (2) further Provisions concerning the minimum service standard as referred to in paragraph (1) are defined in the regulations the Regents. Paragraph 2 the transport of people with a common motor vehicle Route in article 7 (1) the type of service of Transport of people with a common motor vehicle in the Trackage referred to in article 5 a, consisting of: a. urban transport; or b. the rural transport. (2) the Ministry of Transport of people with a common motor vehicle in the trackage referred to in subsection (1), has a criteria: a. have a fixed and regular routes; and b. to raise and lower the passengers at the appointed place. Article 8 (1) to realize a service of Transport of people with a common motor vehicles drawn up general plans a network of Routes. (2) public Network Route Plan referred to in subsection (1) consists of: a. the number of urban network; and b. Rural Route network. (3) public Network Route Plan referred to in subsection (1) are periodically re-examined more than 5 (five) years. Article 9 (1) urban Route Network as referred to in article 8 paragraph (2) letter a drawn up based on the urban areas. (2) Urban Transport services referred to in subsection (1) who are in the territory of the area set out in the regulations of the Regent. Article 10 the network Routes and needs Public motor vehicles referred to in article 8 paragraph (2) letter a, within one (1) region of the area defined by the Regent after the approval of the Minister responsible for infrastructure and facilities in the field of traffic and road transport. Article 11 the network Routes and the needs of rural Public motor vehicles referred to in article 8 paragraph (2) letter b, to a rural area that connects one region within the Area defined by the Regent. Article 12


6 the provisions on the transport of people with a common motor vehicle in the Route set in the regulations the Regents. Paragraph 3 the transport of people with a common motor vehicle not in the number of article 13 types of Ministry of Transport of people with a common motor vehicle not in the Trackage referred to in article 5 letter b, consisting of: a. the transport of people with the use of taxis; and b. transportation of people in certain areas. Article 14 (1) Transport people using taxis as stipulated in article 13 of the letter a, shall be used for the transport service from door to door in the area of operations in urban areas. (2) area of operation as referred to in paragraph (1) and the maximum number of taxi needs within the Area defined by the Regent. Article 15 (1) transport in certain areas as referred to in article 13 the letter b, shall be implemented through the Ministry of transport in local roads and the road environment. (2) Transport of people in certain areas as referred to in subsection (1) must use passenger cars. Article 16 evaluation of the area of operation and Transport needs of the people are not in a Route done at least 1 (one) time within 1 (one) year and announced to the community. Article 17 further Provisions concerning the Transport of people with a common motor vehicle not in the Route set in the regulations the Regents. The fourth part of the Transport of goods by motor vehicles Common to article 18 (1) public goods Transport is carried out by Public motor vehicle consists of: a. General goods transport; and b. special goods transport. (2) General haulage as referred to in paragraph (1) letter a must meet the following requirements: a. Road infrastructure undertaken comply with the class Path;

7 b. possible distribution center logistics and/or a place to load and unload goods; and c. use the car stuff. (3) special haulage as referred to in paragraph (1) letter b must satisfy the following requirements: a. meet the safety requirements in accordance with the nature and the form of the goods transported; b. specific labelled in accordance with the goods transported; c. Park vehicle in the designated place; d. dismantling and loading the goods in the place assigned and by using the tool in accordance with the nature and the form of the goods transported; e. operating at a time that does not interfere with security, safety, smoothness, and order your traffic and transit road; and f. gets a recommendation from the Agency. Article 19 the provisions on Transport of goods by motor vehicles Common Rules set with the Regent. CHAPTER III article 20 TRANSPORT LICENSING (1) Public transport company which organizes Transport obligated person has: a. permit the Organization of people in Transit Routes; and/or b. permit the Organization of Transport of people not in the Routes. (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. Article 21 (1) a permit referred to in article 20 in the form of contract documents and/or electronic card consists of: a. a letter of decision; b. waiver; and c. the card monitoring. (2) the granting of a permit referred to in subsection (1) is implemented through the selection or auction in accordance with the provisions of laws-invitation. (3) the permit referred to in subsection (1) may be permissions on one or more Routes in the routes of 1 (one) of the area. Article 22 8 (1) the Organization of public transport Permit is valid for a period of time. (2) the extension of the permit have to go through a selection process or the auction as stipulated in article 9 paragraph (2). Article 11 penyelenggara Transport permit Regent insiders Trackage referred to in article 20 paragraph (1) letter a, which serves rural route: a. within one (1) area of the region; and b. the urban routes that are within 1 (one) territory. Article 24 the holder of the permit is organizing the Transport of people in mandatory Route: a. implementing the provisions set out in the consent given; and b. General operating a motor vehicle in accordance with the minimum service standard as referred to in article 6 paragraph (1). Article 25 permits organizing Transport Regent people not in the Trackage referred to in article 20 paragraph (1) letter b for taxi and Transport of certain areas of the territory of operations are in the territory of the region. CHAPTER IV TARIFF TRANSPORT Article 26 (1) Tariff tariff consists of the Transport of passengers and freight rates. (2) passenger Tariff referred to in subsection (1) consists of: a. passenger fares for the routes of the people in Transit; and b. the passenger fares for transport of people not in the Routes. Article 27 (1) passenger Tariff for the Transport of people in Routes as stipulated in article 26 paragraph (2) letter a, consisting of: a. the price of economy class passengers; and b. the rate of non economic class passengers. (2) the Governors set fares economy class passenger transport as referred to in paragraph (1) letter a, comprising: a. transportation Intercity Routes that serve the people within the region; and b. urban and transport perdesaaan the territory of his Ministry in the region. (3) the Regent in setting fares economy class passenger transport as referred to in paragraph (2) are based on the provisions of the legislation. (4) the rate of the non economic class passengers as referred to in paragraph (1) letter b defined by public transport Companies.

9 Article 28 passenger Fares for transport of people not in that particular district Trackage referred to in Article 13 the letter b, established on the basis of an agreement between service users and the Public transport companies. Article 29 price of Transport of goods as referred to in article 26 paragraph (1) established on the basis of an agreement between service users and the Public transport companies. Chapter V CONTROL and SUPERVISION article 30 (1) in order to improve the quality of service as well as order and smooth transport in roads, periodically carried out control and supervision of Road Transport as well as the performance evaluation of public transport Companies. (2) control and supervision referred to in subsection (1) is carried out by officers who meet the following requirements: a. at least civil servants rank Young Manager level I (II/b); b. have the work experience of at least 2 (two) years in the field of Transport; c. has a list of achievements assessment officers; d. the able-bodied; and e. the officer dress uniforms and using the full identity. (3) control and supervision as referred to in subsection (1) done on location: a. terminal for transport in the route; b. in the place of tourism for tourism transport; c. specific places that do not interfere with the safety, order and the smooth traffic for transport in the Route and/or not in Routes as well as the Transport of goods. (4) if the controlling and supervision found violations, monitoring and control officer referred to in subsection (2) shall be obliged to report to Investigator civil servant. Article 31 control and supervision as referred to in section 30 subsection (1) done routinely by Regent through Service. CHAPTER VI ADMINISTRATIVE SANCTIONS Article 32 (1) every person who contravenes the provisions as referred to in article 24 are administrasif sanctions include: written warnings 10 a.; b. freezing of permissions; and/or c. revocation. (2) a written Warning as referred to in subsection (1) is given at most three (3) consecutive times with grace period 7 (seven) days. (3) If a written warning as referred to in paragraph (2) was not implemented/external relationships, then administrative penalties in the form of freezing permission. (4) if the sanctions freezing the permission referred to in subsection (3) is not implemented/external relationships, then in a period of 12 (twelve) days from the date of the freeze on permits, administrative penalties in the form of revocation. CHAPTER VII PROVISIONS INVESTIGATION of article 33 (1) civil servant Investigators in the environment of local Government was authorized to conduct a special investigation for infringement of the rules in this Area. (2) the authority of the investigator as referred to in subsection (1) include the following: a. receive, search for, collect, and researching information or reports with regard to criminal acts so that such reports or information becomes more complete and clear; b. examine, search, and collects personal information about the person or entity about the truth of the acts committed in connection with a criminal offence; c. requesting information and evidence from a private person or entity with respect to any criminal offence; d. examine the books, records, and other documents with respect to a criminal offence; e. conducting the search to obtain evidence bookkeeping, record keeping, and other documents, as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation is a criminal offence; g. sent stop and/or prohibit someone leave the room or place at the time the examination is in progress and check the identity of people, things, and/or documents taken; h. photographing someone related to the criminal offence; i. call the people to be heard and examined his statement as a suspect or a witness; j. stop the investigation; and/or k. other action necessary for the smooth running of proceedings of a criminal offence in accordance with the provisions of the legislation.


11 (3) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor's Office Police officials through the Republic of Indonesia, in accordance with the provisions set forth in the law of criminal procedure. CHAPTER VIII of the CRIMINAL PROVISIONS of article 34 (1) every person who contravenes the provisions referred to in article 2 paragraph (4), article 6, article 20 paragraph (1) and section 24, are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp. 50,000,000.00 (fifty million rupiah). (2) a criminal offence referred to in subsection (1) is an offence. CHAPTER IX PROVISIONS COVER Article 35 by the time the regulation of this area comes into force, the regulation of the Regional District of Badung Regencies No. 17 of 1994 about traffic and Road Transport in the territory of the District of Badung Regencies (Sheet District of Badung Regencies Number 65 series C No. 1), is repealed and the stated does not apply. Article 36 of the regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece area of Badung Regency. Defined in: Denpasar on the 20th November 2013 REGENT of BADUNG, ttg. ANAK AGUNG GDE AGUNG Enacted in: Denpasar on the 20th November 2013 SECRETARY BADUNG REGENCY, ttd. KOMPYANG r. SWANDIKA SHEET AREA BADUNG REGENCY 2013 number 18.

12 EXPLANATION of APPLICABLE LOCAL BADUNG REGENCY number 18 by 2013 ABOUT ORGANIZING TRANSPORT with MOTOR VEHICLES of PUBLIC transport That i. as a means for transfer of people and/or goods from one place to another by using the vehicle in road traffic, the room has a very important role in supporting development in the region. In the position and role of such, the Government is obliged to set the Regions in order to take over with orderly, regular, Sepik and successful action. To ensure the improvement of the quality of service as well as public order and the smooth public transport with motor vehicles, local governments perform the settings through the issuance of licensing and periodically conducted surveillance, control of the road transport as well as the performance evaluation of public transport companies. In connection with this, the local Government of Badung Regency set organizing transport with motor vehicles the public with applicable local Badung Regency. II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear. Article 2 is quite clear. Article 3 is quite clear. Article 4 is quite clear. Article 5 is quite clear. Article 6 is quite clear.

13 article 7 is quite clear. Article 8 is quite clear. Article 9 is quite clear. Article 10 is quite clear. Article 11 is quite clear. Article 12 is quite clear. Chapter 13 is quite clear. Article 14 is quite clear. Article 15 paragraph (1) the definition of "local roads" are public roads that serve local transportation serving with characteristic travel distance, average speed is low, and the number of driveways are not restricted. The definition of "environmental path" is the path of a functioning public transportation serving environment with travel a short distance and low average kecapatan. Subsection (2) is quite clear. Article 16 is quite clear. Article 17 is clear enough. Article 18 is quite clear. Article 19 is quite clear. Article 20 is quite clear.

14 Article 21 is quite clear. Section 22 is quite clear. Article 23 is quite clear. Article 24 is quite clear. Article 25 is quite clear. Article 26 is quite clear. Article 27 is quite clear. Article 28 is quite clear. Article 29 is pretty clear. Article 30 is quite clear. Article 31 is quite clear. Article 32 is quite clear. Article 33 is quite clear. Article 34 is quite clear. Article 35 is quite clear. Article 36 is quite clear. An ADDITIONAL AREA of BADUNG REGENCY SHEET number 18.

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