New Parking Charges in Jakarta Causes Disputes

Happy Rayna Stephany, Fitri Novia Heriani, IGAP Trisnajaya

The newly issued parking charges policy in Jakarta has led to a lawsuit from local citizen. David ML Tobing, an advocate specializing in consumer protection, filed a case against the Governor of Jakarta Joko Widodo in relation to the Regulation, which was heard in the District Court of Central Jakarta (Court), Tuesday (5/1).

The policy itself, which was stipulated under Governor Regulation No. 102 of 2012 on Parking Charges for Designated Parking Facilities (Regulation), increased parking charges to IDR 3000-5000 per hour—previously IDR 1000-2000 per hour. This policy has has been implemented in some big shopping malls in Jakarta.  

David explained that the Regulation does not comply with Article 25 (1) of Jakarta Provincial Regulation No. 5 of 1999on Parking, which stipulates that the policy to increase parking charges must be approved by the Jakarta Regional House of Representatives (DPRD).

According to David, the policy was issued without DPRD’s approval, which means that the Regulation is invalid.  “It is illegal to implement a regulation that is invalid,” David stated to hukumonline.

David claimed that he did not challenge the increase of parking charges in Jakarta, which he believes is an effective measure to prevent traffic congestion. The lawsuit, as he explained, is only intended to highlight that the Governor must follow formal procedures in issuing a regulation.

When contacted by hukumonline, Governor’s advocate Haratua D Purba stated that the Governor has always followed formal procedures. He confirmed that the Regulation has been approved by the DPRD, thus it is lawfully issued and must be implemented.

“A lawsuit does not nullify the Regulation,” explained Haratua.

Meanwhile, Handaka Santosa, Chairman of the Association of Shopping Mall Management (APPBI), welcomed the new parking charges policy.

Handaka emphasized that it will decrease the amount of cars on the road, since Jakarta’s population would prefer public transportation rather than higher parking charges.

On the other hand, Husna Zahir, Chairman of the Indonesian Consumer Protection Foundation (YLKI), argued that the Regulation is not beneficial to consumers, because there is no good public transportation system in place in order to provide the public with a substitute for private cars.

“The Regulation must be issued when the Governor has already provided a good public transportation system as an alternative to consumers,” concluded Husna.

(jt/hot)

Happy Rayna Stephany, Fitri Novia Heriani, IGAP Trisnajaya

The newly issued parking charges policy in Jakarta has led to a lawsuit from local citizen. David ML Tobing, an advocate specializing in consumer protection, filed a case against the Governor of Jakarta Joko Widodo in relation to the Regulation, which was heard in the District Court of Central Jakarta (Court), Tuesday (5/1).

The policy itself, which was stipulated under Governor Regulation No. 102 of 2012 on Parking Charges for Designated Parking Facilities (Regulation), increased parking charges to IDR 3000-5000 per hour—previously IDR 1000-2000 per hour. This policy has has been implemented in some big shopping malls in Jakarta.  

David explained that the Regulation does not comply with Article 25 (1) of Jakarta Provincial Regulation No. 5 of 1999on Parking, which stipulates that the policy to increase parking charges must be approved by the Jakarta Regional House of Representatives (DPRD).

According to David, the policy was issued without DPRD’s approval, which means that the Regulation is invalid.  “It is illegal to implement a regulation that is invalid,” David stated to hukumonline.

David claimed that he did not challenge the increase of parking charges in Jakarta, which he believes is an effective measure to prevent traffic congestion. The lawsuit, as he explained, is only intended to highlight that the Governor must follow formal procedures in issuing a regulation.

When contacted by hukumonline, Governor’s advocate Haratua D Purba stated that the Governor has always followed formal procedures. He confirmed that the Regulation has been approved by the DPRD, thus it is lawfully issued and must be implemented.

“A lawsuit does not nullify the Regulation,” explained Haratua.

Meanwhile, Handaka Santosa, Chairman of the Association of Shopping Mall Management (APPBI), welcomed the new parking charges policy.

Handaka emphasized that it will decrease the amount of cars on the road, since Jakarta’s population would prefer public transportation rather than higher parking charges.

On the other hand, Husna Zahir, Chairman of the Indonesian Consumer Protection Foundation (YLKI), argued that the Regulation is not beneficial to consumers, because there is no good public transportation system in place in order to provide the public with a substitute for private cars.

“The Regulation must be issued when the Governor has already provided a good public transportation system as an alternative to consumers,” concluded Husna.

(jt/hot)

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