The Implementation of Malang Mayor Regulation 6 of 2015 About Tariff Public Transportation



  

Sumber foto: Hipwee


THE IMPLEMENTATION OF MALANG MAYOR REGULATION 6 OF 2015 ABOUT TARIFF PUBLIC TRANSPORTATION


The Research Arranged to Comply The Assignment of Metodologi Penelitian


Lecturer: Miftahus Solehuddin, M.HI






Arranged by:
Izzatul Ulya (15230082)



CONSTITUTIONAL LAW DEPARTEMENT
SYARIAH FACULTY
STATE ISLAMIC UNIVERSITY OF MAULANA MALIK IBRAHIM MALANG
2016

 
A.    BACKGROUND
Malang is one of the major cities that have a high enough intensity bustle. This was evidenced by the many students who come from out of town. Not only academic activities, but also other activities that support the economy in Malang. To support these activities needed public transport, especially for people who don’t use private transport.
          In order to establish security, safety and comfort in the field of transport in the city of Malang, the government provides public transportation is one of the shuttles. As stated in the Regulation of Mayor of the City of Malang Number 5 of 2011 on the Implementation of Transport People on the Road with the Motor Vehicle Works, which reads Transportation Network Road is a series of nodes and/or space activities that are linked by space traffic so as to form a unified network system for the purposes of organizing traffic and road transport. Transport is the movement of people and/or goods from one place to another by using the Space Vehicles in Road Traffic. Traffic is the movement of vehicles and people in the Road Traffic Space. Commercial vehicles are motor vehicles which is provided for use by the public by paying either directly or indirectly.[1]
One of the government’s policy of Malang in determining public transportation is the transportation tariffs. To follow up meeting Forum Traffic and Road Transport Malang and representatives of transport owners cities dated January 23, 2015 in order to discuss the adjustment rate of urban transportation based on changes in fuel prices, adjusting the Mayor Regulation Malang  24 of  2013 on Tariff Transport In Mayor Regulation Malang 6 of 2015 on Amendment Malang Mayor Regulation  24 of 2013 About Tariff Transport. As contained in article 1, which states that some provisions in Malang Mayor Regulation 24 of 2013 on Tariff Transport, is amended as follows: Tariff Cities Regional Transport for transportation vehicles the city and to all pathways stretch with the provisions of the premium price Rp. 6,000 (six thousand rupiah) up to Rp. 8,000 (eight thousand rupiah) shall be determined as follows; (A) between Terminal or remotely close to the passenger is not a student or students Rp. 3500.00 (three thousand five hundred rupiah); (B) between the terminal and passengers or remotely close to the uniformed student or students Rp. 2,000.00 (two thousand rupiah).[2]
But in practice in the field, we met a lot of practices not in accordance with the regulations made by most drivers. Many of those who raise prices unilaterally transport. Many people are not aware of the existence of it. Usually this person in action when there are new students or people who first came to Malang. Many public transport drivers who deliberately exploit them. In addition to unilaterally raise the price of public transportation, they also sometimes forces with the price. Most public transportation drivers say no nickels or small change, and some even say the price of 3500,- very cheap and not proportional to the distance.
From the above explanation, will discuss the rise of public transportation drivers who cheat and don’t obey the rules of Regulation Malang Mayor  24 of 2013 on Tariff Transport In Mayor Regulation Malang  6 of 2015 on Amendment Regulation Malang Mayor 24 of 2013 About Rates Transport.
B.     FORMULATION
1.    How is the implementation of Malang Mayor Regulation  24 of 2013 on Tariff Transport In Malang Mayor Regulation 6 of 2015 on Amendment Malang Mayor Regulation 24 of 2013 About Transport Rates.
2.    Why is the practice that is inconsistent with Malang Mayor Regulation 24 of 2013 on Tariff Transport In Malang Mayor Regulation Number 6 of 2015 on Amendment Malang Mayor Regulation  24 of 2013 About Tariff Transport.
C.      LITERALURE REVIEW
1.    Implementation of Legal Theory
According to Lawrence M. Friedman, there are three elements in the legal system, namely:[3] First, the legal system has a structure. The legal system is constantly changing, but the parts of the system was changed at different speeds, and each part changes is not as fast as other specific part. The structure of the legal system consists of the following elements: the number and size of the court, its jurisdiction (types of cases examined, and how and why) and how to appeal from one court to another court.
Another aspect is the substance of the legal system. Namely the rules, norms, and real human behavior patterns that are in the system. Substance also means “product” generated by people who are in the legal system or a decision issued. The emphasis here lies in the laws of the living (Living law), not only on the rules in the book of the law (law books).
The third component of the legal system is a legal culture. Namely human attitudes toward law and the legal system - beliefs, values, thoughts and hopes. In other words, the legal culture is the atmosphere of social thinking and social force that determines how the law is used, avoided or misused. Without the legal culture, legal system itself will not be helpless - like a dead fish lying in the basket and not like a live fish swimming in the sea. Friedman likens the legal system as “structure” the law like a machine. The substance is what is produced or worked by the machine. Legal culture is anything or anyone who decides to turn on and turn off the engine and to decide how the machines are used.[4]
2.      Determination of Rates public transportation system
The system of tariff application is the imposition of tariffs on passengers. The way in which will play an important role in the processing of public transport in order to value rates that have been defined to provide justice for all users and traffic can move smoothly. In general, explained in transport fares is a list of the prices for users of transport services are arranged on a regular basis and are calculated according to the transport capabilities. Operating rates where there is transport fares according to distance speed difference in rates, or specific nature of the cargo being transported, whereas the great value rates make the determination based on two fundamental values, namely:[5]
a.       Cost of public transport providers,
b.      Gains or desired profit.
In general tariff system is classified into:
1)   The system flat or flat, ie a system which sets tariffs for all passengers and all distances.
2)   Systems mileage basis or by distance, the system sets different rates for each passenger according to the distance of travel.
3) System group rates, a combination of flat and mileage basis, namely transport tariff system is based on the origin and destination passengers.
4) System tapering rates ie the system with mileage basis or by distance but not proforsional accretion rates with changes in the distance. The farther the distance of travel, the fare increase will be small. This system is ideal to use for long distance travel with a lot of transit in other words, given a special price for the direct and continuous journey.
5)   Tariff system based on the status of passengers in terms of tariffs differentiated according to the status of passengers, so there is a group of passengers with different tariff. The division of these groups can be based on age, status and others, for example, students and non-students.
System of tariff differentiation according to the time, that distinction based on the number of passengers at the time in question. The success tariff system is very dependent on the elasticity of the journey that changes in the number of passengers if there are changes in rates or no change in total costs. Elasticity and success rate fixing by this distinction is largely determined by the number of passengers and ticket prices early.[6]
3.      Authority to Make Local Regulation
Under the constitution and legislation authorized institution in the formation of laws and legislation are:[7]
1)        The Council of Representatives together and with the approval of the President. While entitled to propose draft laws can be derived from the Parliament, the Government, and DPD.
2)        Legislative Council or Parliament and the Head of Government who form the local regulations that are entitled to propose draft local regulations.
The cornerstone of the Authority to make laws spelled out in the legislation include:
1)       Act 12 Year 2011 on the Establishment of Legislation.
2)       Act 32 of 2004 on Regional Government.
3)     Act 27 of 2009 on the People’s Consultative Assembly, the House of Representatives and the Regional Representatives Council.
The right to propose the preparation of legislation can be proposed by the executive and legeslative. Therefore, the competent authorities of the institution/ agency executive and legislature was entitled to submit a draft regulation intended to use each door.[8]
4.      Material Content and Formation of Regulation
Legislation set some principles regarding regulation as follows:
1)      Regional Head sets laws with Parliament approval
2)      The regulation established in the framework of the implementation of autonomy, task penbantuan and further elaboration of legislation is higher.
3)      Regulation should not be contrary to the public interest, other legislation, or legislation is higher.
a.       The legislation may include provisions compulsion of law enforcement costs, or imprisonment of six months or a fine of up to five million rupiah.
4)      Decision ditetapakan Regional Head for implementing Regulation
5)      Regulation and decisions governing the regional head, loaded in the sheet area.
6)      Regulation may appoint certain officers as investigators implementation of Regulation (Regulation and Decision PPNS Regional Head)[9]
5.        METHODS
1.      Types of Research
This type of research in this study is empirical jurisdiction which in other words is a kind of sociological and legal research can be named after the field research, including reviewing the provisions of the applicable law and what happens in reality in society. Or a study of the actual state or the real situation that occurs in people with a view to determine and find facts and data required, after the required data collected then leads to the identification of problems that eventually lead to the settlement of the problem.
Empirical research is called, because you want to know the reason that why most of the public transportation drivers don’t obey Malang Mayor Regulation 24 of 2013 on Tariff Transport In Malang Mayor Regulation 6 of 2015 on Amendment Malang Mayor Regulation 24 of 2013 About Tariff Transport. To find out their views about the new rules.[10]
2.      Research Approach
The approach taken in this study using qualitative approach. A qualitative approach is a research procedure that produces descriptive data, sourced from the writings or expressions and behaviors that can be observed by humans. Using a qualitative approach because the data that will be obtained by researchers sourced from observable expression of informants regulators Malang public transportation fares, public transportation drivers and passengers.
Regarding their behavior, researchers will obtain data from informan above expression through interviews why they set freight rates which are not in accordance with existing regulations. In accordance with the foundation on a qualitative approach, more emphasis on patterns of human behavior, which is seen from the “frame of reference” the doer itself, so people need to be understood as a central actor and is a unit of analysts and placing it as part of a whole.[11]
3.      Analysis
How legal material processing is a descriptive analysis[12] that describes the problems faced or studies that provide insights carefully on an individual or group on the circumstances and symptoms that occur. In this case the process of legal materials by conducting the literature secondary law covering primary legal materials[13] and secondary legal materials[14] related to normative juridical analysis related to the implementation Regional Rules of Malang. Researcher presents the descriptive, by describing a condition associated with the implementation of regulations concerning public transportation tariff which does not comply with existing regulations.
6.        EXPOSURE AND ANALYSIS
1.      Implementation of the Law
Public transport is one of transport in Malang are often used. The benefits of transport is of course very much. Among other activities in order to assist in Malang, whether the activity academic, economic and social. Public transportation is an option to address the growing transportation needs of the community.
One of the government’s policy of Malang in determining public transportation is the transportation tariffs. Under article 2, paragraph (1) of the regulation, which reads
Cities Regional Transportation Tariff for regional transportation and to all the lines stretch with the provisions of the premium price Rp. 6,000 (six thousand rupiah) up to Rp. 8,000 (eight thousand rupiah) shall be determined as follows; (A) between Terminal or remotely close to the passenger is not a student or students Rp. 3500.00 (three thousand five hundred rupiah); (B) between the terminal and passengers or remotely close to the uniformed student or students Rp. 2,000.00 (two thousand rupiah).[15]

But in practice in the field, met a lot of practices that are inconsistent with the Mayor Regulation. Numerous violations that occur in the field, including public transport drivers who transport unilaterally raise prices, forcing the public transportation tariff payments, utilizing the ‘ignorance’ of society, and others.
In this case when viewed from the theory of law implementation by Lawrence M. Friedman as has been described above, there are three elements in the legal system, namely: the structure, substance and legal culture. Structure associated with types of cases examined, and how and why) and how to appeal from one court to another court. Another aspect is the substance with regard to rules, norms, and real human behavior patterns that are in the system, whereas with regard to the cultural aspect of human attitudes toward law and the legal system - beliefs, values, thoughts and hopes. In order for implementation of the law can be enforced, then the above three elements can’t be separated.
Substantially law which rules, norms, and real human behavior patterns that are in the system, of course it has violated Malang Mayor Regulation 6 of 2015 About Tariff Transport. Violation of this article is very diverse. Among these are many of them who raise prices unilaterally transport. Likewise, many people who are not aware of the existence of it.
There are several factors why many people don’t know about it, among them the lack of socialization about the price of transport fares, as well as many public transport drivers were deliberately forced to pay the price so. In fact, some are deliberately not follow a predetermined transportation path, after it set the price of public transportation drivers in accordance with the willingness of public transportation drivers. Usually, because of public ignorance is deliberately exploited by public transportation drivers.
Actually the price dissemination freight rates are already placed at each entrance of transport. But unfortunately many once found several shuttles that removing the tariffs. That initially only the price of Rp 2,000 for students and Rp. 3500 for the public, and then deleted by public transport drivers. There are even removing the tariff so completely that no trace of the rules given by the Department of Transportation in Malang.
In addition many unscrupulous transport driver who deliberately forcing passengers to pay that much. Especially on one of the codes that claim public transportation and long distances are not comparable with prices in the Mayor Regulation. Usually this person in action when there are new students or people who first came to Malang. Many public transport drivers who deliberately exploit them. Of the general rate of only about 3500 rupiah, on average they take the price of about 5,000 rupiah. Even at night, also found improper payments. Of the rate that can be said, with approximately 7500 rupiah to 15,000 rupiah. Even sometimes when in a state of quiet, there is public transportation drivers who use the highest rate, namely 25 000 rupiah.
Strengthen the observation earlier, the author was able to interview some of the users of public transport. Nia Student UIN Malang, as transport users did not know about the new rules. In the interview, Nia said, “Saya tidak tahu jika peraturan asli dari Dinas Perhubungan Kota Malang adalah 3500. Selama ini saya membayar dengan harga 4000,- bahkan saya pernah dipaksa membayar 5000,- ketika naik AL. Alasannya karena tidak ada kembalian.”[17] However Qolbi, one of the students of the State University of Malang who also often use public transport, admitted that he often paid public transportation in accordance with existing regulations, “Saya sendiri bayar angkot sesuai dengan peraturan yang ada, yaitu 3500,-. Itupun harus dilihat-lihat dulu bapak sopirnya. Kalau enakan, biasanya bayar segitu. Kalo enggak, terpaksa bayar 4000,-. Sebagian besar sopir angkot tidak mempermasalahkan itu.”[18]
Probe is more about the theory of Lawrence M Friedman, the second aspect of the theory is structural. In this second aspect relates to the structure of the legal system that consists of the following elements; the number and size of the court, its jurisdiction (types of cases examined, and how and why) and how to appeal from one court to another court. But in case of violation of this, the legal structure of this involves only the Department of Transportation Malang as preparers and implementing regional policy in the fields of transportation.
Malang city Department of Transportation as part of the legal structure has a lot of functionality for the sake of existing laws, duties and functions of Malang Transportation Agency in the field of transport alone among them; Formulation and implementation of technical policy in the field of transportation; Formulation and implementation of the Strategic Plan and Work Plan in the field of transportation; Preparation and adoption of technical plan the transportation network; Monitoring and supervision of road transport and airport affairs; Implementation of activities in the field of fee collection; Management of public complaints in the transportation sector.[19]
Department of Transportation Malang as implementers of government policy in the fields of transportation admitted aware of practices that are inconsistent with Mayor Regulation. The author managed to interview Cahyo Budi Santoso, as a field officer in the Field of Public Transport Department of Transportation Malang,
"Selaku petugas pelayan publik, kami mengacu pada peraturan yang ada seperti yang ada di perda ini. Tapi kenyataan yang ada di lapangan, angkutan kota selaku usaha milik pribadi,  kalau ada kejadian seperti itu adalah oknum. Kami tidak bisa memeriksa setiap angkot. Selama ini juga banyak pengaduan dari masyarakat, tetapi kenyataannya pelaksanaan itu kurang maksimal. Karena pelaksanaannya di jalan dan dalam keadaan bergerak.”[20]

After the two elements are met, other aspects that support the implementation of the rule of law system is the legal culture. It concerns the legal culture of human attitudes toward law and the legal system - beliefs, values, thoughts and hopes. In other words, the legal culture is the atmosphere of social thinking and social force that determines how the law is used, avoided or misused. Every society has a legal culture, they have a view that is not the same for the law, which is influenced by the sub-culture (SARA, age, gender, education, income and even by interests)[21]
In implementing the above theory, it can be said that there is a legal culture that this case is a human attitude that indicates low awareness of and compliance with existing law. The number of violations of public transportation drivers rated as a low awareness of the law. To change the legal culture of the community need to understand their values, traditions, customs, and all the dominant attitudes. Understanding the meaning of the law and the legislation itself, on the applicability Mayor Regulation on transport fares.
Legal culture in society is inseparable with the customs that exist in society. Most people who use public transport have been aware of these regulations. As a result of habit to say ‘yes’ in reality, eventually pushing ‘the elements’ breaking the rules. So that legal awareness in the community is low and has become a habit of breaking the law that has been set.
2.      Reasons Rates Public Transportation Not Accordance with Regulation
In this discussion the authors can not be separated with the problem of legal culture. Where in Indonesia, legal awareness is still very low. Violations are considered common people most people in Indonesia. Though the legal culture is the most important aspect. Due to the absence of a legal culture, the legal system will overlap.
There are several reasons why most of the public transportation drivers implement public transportation tariff which does not comply with existing regulations. The author was able to interview Habib, one of the drivers of public transportation said that,
"Kebijakan walikota itu tidak adil. Harusnya kenaikan premium, harus dilihat dari presentase. BBM naiknya berapa, maka kenaikan juga harus sesuai dengan presentasi. Dengar-dengar,apabila BBM turun 500,- maka tariff angkot juga turun 500,- nah kalau seandainya BBM turun 6000,- terus 3000,- itu habis. Mengenai penarikan angkot lain saya tidak tahu. Coba disurvey dengan angkotan lain bahkan ada yang mengambil harga Rp. 10000.”[22]

Moreover, the authors also conducted interviews with one of the drivers of public transportation does not mention his name, “Saya tahu peraturan itu, tapi memang kita sengaja bulatkan menjadi 4000,- karena tidak ada uang receh. Saya sendiri mengikuti peraturan yang ada, hanya saja memang masyarakat sudah terbiasa dengan harga 4000,-. Masyarakatpun seolah meng’iya’kan..[23]
Questioning the legal awareness in principle also questioned aspects of law enforcement. The study ever conducted by Soerjono Soekanto of Awareness and Compliance Laws in 1982, opening the door Increasingly clear assessment of the importance of community involvement in the conception consciously obey a law was passed and implemented consistently in social relations.[24] With Reviews their offense transportation drivers considered that was normal by society, of course, community involvement in reporting violations of public transportation users is certainly very influential with law enforcement in Indonesia, particularly in the city of Malang. With the cooperation of the public in public complaint then helped enforce them.
7.    CONCLUSION
From the above explanation, it can be concluded that the implementation of the Regulations Mayor on transport tariffs are still a lot of violations. This regulation has been implemented by the Department of Transportation Malang as implementing policies in the fields of transportation. Only in its implementation is found violations committed by public transportation drivers. Such violations in the form of withdrawal of tariff unilaterally and force.
It is presumably because most people take for granted existing violations. The lack of complaints from the public is what makes the public transportation drivers are familiar with the pattern of violations as has been described above. This is where the importance of awareness of the law for all aspects of society in order to create the perfect law system and are not going inequality.
8.      BIBLIOGRAPHY
Ali, Zainuddin. Metode Penelitian Hukum, Jakarta: Sinar Grafika, 2011
Ananda, Kiky Rizky. Pemberlakuan Tarif  Angkutan Umum Perdesaan Bagi Pengguna Jasa Angkutan Umum Menurut Peraturan Daerah No. 27 Tahun 2013 dan Maslahah Mursalah, Malang: UIN Malang, 2016.
Ashshofa, Burhan. Metode Penelitian Hukum. Jakarta: Rineka Cipta, 2010.
Evanti, Nukila dan Nurul Ghufron, Paham Peraturan Daerah (PERDA)  Berperspektif HAM (Hak Asasi Manusia). Jakarta: Raja Grafindo, 2014
Friedman, Lawrence M. American Law An Introduction Second Edition (Hukum Amerika Sebuah Pengantar) Penerjemah Wishnu Basuki, Jakarta: PT. Tatanusa, 2001
Huda, Ni’matul. Hukum Pemerintahan Daerah. Bandung: Nusa Media, 2010.
Koentjaraningrat. Metode-metode Penelitian Masyarakat. Jakarta, Indonesia: PT. Gramedia, 1993
Saifullah, Refleksi Sosiologi Hukum, (Bandung: Refika Aditama, 2010) h. 105
Waluyo, Bambang. Penelitian Hukum Dalam Praktek. Jakarta: Sinar Grafika, 2002.
Hadjar, Abdul Fickar dkk.  Analisis komparatif Budaya Hukum Profesional Hukum Indonesia. http://www.reformasihukum.org/ID/file/anggota/Analisis%20komparatif%20Budaya%20Hukum%20Profesional.pdf
Dinas Perhubungan Malang, Tupoksi, http://dishub.malangkota.go.id/tupoksi/
Peraturan Daerah Kota Malang Nomor  5  Tahun 2011 Tentang Penyelenggaraan Angkutan Orang di Jalan dengan Kendaraan Bermotor Umum

Peraturan Walikota Malang Nomor 6 Tahun 2015 Tentang Perubahan Atas Peraturan Walikota Malang Nomor 24 Tahun 2013 Tentang Tarip Angkutan



(IZZATUL ULYA 15230082)

[1] Peraturan Daerah Kota Malang Nomor  5  Tahun 2011 Tentang Penyelenggaraan Angkutan Orang di Jalan dengan Kendaraan Bermotor Umum
[2] Peraturan Walikota Malang Nomor 6 Tahun 2015 Tentang Perubahan Atas Peraturan Walikota Malang Nomor 24 Tahun 2013 Tentang Tarip Angkutan
[3] Lawrence M. Friedman, American Law An Introduction Second Edition (Hukum Amerika Sebuah Pengantar) Penerjemah Wishnu Basuki, Penerbit PT. Tatanusa, Jakarta, 2001, hal 7
[4] Lawrence M. Friedman, American Law An Introduction Second Edition, h. 7
[5] Kiky Rizky Ananda, Pemberlakuan Tarif  Angkutan Umum Perdesaan Bagi Pengguna Jasa Angkutan Umum Menurut Peraturan Daerah Number 27 Tahun 2013 dan Maslahah Mursalah, (Malang: UIN Malang, 2016) h. 37
[6] Kiky Rizky Ananda, Pemberlakuan Tarif  Angkutan Umum Perdesaan, h. 8
[7] Nukila Evanti dan Nurul Ghufron, Paham Peraturan Daerah (PERDA) Berperspektif HAM (Hak Asasi Manusia, (Jakarta: Raja Grafindo, 2014) h. 29
[8] Nukila Evanti dan Nurul Ghufron, Paham Peraturan Daerah (PERDA), h. 29
[9] Ni’matul Huda, Hukum Pemerintahan Daerah, (Bandung: Nusa Media, 2010) h. 205
[10] Bambang Waluyo, Penelitian Hukum Dalam Praktek (Jakarta: Sinar Grafika, 2002), h.15
[11] Burhan Ashshofa, Metode penelitian hukum (Jakarta: Rineka Cipta, 2010), h. 15
[12] Koentjaraningrat. Metode-metode Penelitian Masyarakat. (Jakarta, Indonesia:Gramedia, 1993) h. 89
[13] Zainuddin Ali, Metode Penelitian Hukum, (Jakarta: Sinar Grafika, 2011) h. 47
[14] Zainuddin Ali, Metode Penelitian Hukum, h. 54
[15] Peraturan Walikota Malang Nomor 6 Tahun 2015 Tentang Perubahan Atas Peraturan Walikota Malang Nomor 24 Tahun 2013 Tentang Tarip Angkutan
[16] Observasi
[17] Wawancara dilaksanakan pada tanggal 10 Desember 2016
[18] Wawancara dilaksanakan pada tanggal 10 Desember 2016
[19] Dinas Perhubungan Malang, Tupoksi, http://dishub.malangkota.go.id/tupoksi/, diakses pada tanggal 12 Desember 2016 pukul 6.34
[20] Wawancara dilaksanakan tanggal 8 Desember 2016
[21] Abdul Fickar Hadjar dkk, Analisis komparatif Budaya Hukum Profesional Hukum Indonesia, http://www.reformasihukum.org/ID/file/anggota/Analisis%20komparatif%20Budaya%20Hukum%20Profesional.pdf diakses pada tanggal 12 Desember 2016
[22] Wawancara dilaksanakan pada tanggal 8 Desember 2016
[23] Wawancara dilaksanakan pada tanggal 8 Desember 2016

[24] Saifullah, Refleksi Sosiologi Hukum, (Bandung: Refika Aditama, 2010) h. 105

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