Background
To bring into reality a living in Jakarta that is more orderly, peaceful, comfortable, clean and beautiful, a regulation relating public order is required to protect the citizens and infrastructure of the city including its accessories. Performing public order and peacefulness of the people is an obligation authorized to the provincial district government that has to be carried out in accordance with the legislation. Local Regulation of DKI Jakarta Number 11 of 1988 concerning Public Order is no longer in conformance to the soul and spirit of the performance of the Local Government and the changes as well as development of the values of the people of Jakarta. Therefore, the Local Government has issued a new regulation that is Local Regulation of DKI Jakarta Number 8 of 2007 on Public Order (“Perda 8/2007“). This is what Perda 8/2007 contains of in general.
Order in Streets, Street Transportation and River Transportation
Regulates how pedestrians should walk, cross and/or use public transportation, how people should operate public transportation and how people should use private transportations so they will not disturb public order. Public transportation includes transportation on solid roads and on waterways. It also states the use of open space under bridges or flyovers, that it is forbidden to be used unless with a permit from the Governor.
These are few essential points mentioned in this section:
a.In this regulation pedestrians should walk in the place designated for it in accordance with the legislation, cross in the available crossing bridges or zebra crosses. In using public transportation, pedestrian should wait in the appropriate stops.b.For people operating public transportations, they must pick up and/or drop off people and/or things at the appropriate stops and should operate on the streets set upon before.c.Motor vehicles with 2 (two) or more wheels are prohibited to use the bus way, and people with 4 (four) wheels vehicles with less than 3 (three) passengers are not allowed to enter into specific areas on particular hours.
Order in Gardens (jalur hijau), Parks and Public Places
This section particularly regulates how to behave on public places. It includes the restriction of person or limited liability company, limited partnership company, state or local government-owned business entity, firm, joint venture, cooperation, foundation or agencies in the form of permanent business (“entity“) to enter gardens or parks that are not for public, to vandalize fences, gardens, parks and its utilities. Everyone is also restricted to stand and/or sit, jump or run-through on the bridge parapet or fences along the street, gardens, parks and public places.Everyone is also restricted to cut, chop trees or plants that grow along the streets, gardens, parks and public places and to squat and stand in a park’s bench and dispose gum on the park’s bench.
Order in Rivers, Drains, Ponds and Off-Shore
One needs a permit from the governor to:
a.Build a public toilet or bath, residential house or business place on the top of a river and riverbanks including the ones in dams, reservoirs and lakes;b.Put on/place cables or pipes under or through river drains including the ones in dams, reservoirs and lakes.Public ponds are not to be used for bathing (whether human and/or animals) neither for cleaning vehicles or other things, because it is made for the sake of the city’s esthetic values.
This section also regulates the exploitation of the off-shore and restrictions concerning drains.
Order in Environment
It contains provisions on how people should behave in order not to disturb the Jakarta’s environment. This is done through regulating restrictions and how to act especially in public places. Such actions restricted for example are:
a.Capture, keep, hunt, sell or kill certain protected animals;
b.Let their pets wander around;
c.Does not have certification of their pet;
d.Sell and/or use firecrackers without a permit from the Governor;
e.Build and/or live on the streets and under flyovers of train ways or freeway, on gardens, parks and other public places;
f.Vandalize public utilities;
Order in Place and Specific Business
This section is divided into two sub-sections which are:
Business Place
Concerning business place, under Article 24 of Perda 8/2007, every person or entity in doing its business will rise up impacts to the environment will have to own a business place permit in accordance to Law of Disturbance. And giving the permit will be done by the Governor or the official authorized for it after fulfilling the requirements.The Governor will regulate places that are restricted to be used for a business places.
Specific Business
Concerning specific business, this sub-section explains the businesses that are disturbing for the people of Jakarta and therefore are restricted. These businesses are including but not limited to:
a.Do business on the roads;
b.Resell public transportation tickets without permits (calo);
c.Operate becak;
d.Be a butcher without permits (pemotongan daging);
Order in Building
The main point of this section regulates the constructions of a building and how to behave as an owner of a building. Under Article 36 paragraph (1) Perda 8/2007, every person or entity is restricted to:
a.Construct buildings or other things that rise up, plant or abandon, trees or other plants to grow on a high voltage airways lines sectors;
b.Construct buildings on spaces that belong to the streets, rivers, dam, reservoir, lakes, gardens, except for official purposes;
c.Construct buildings on the sides of railways and under railways flyovers.
Home or building owners also have obligations under Article 38 Perda 8/2007, which are:
a.Maintain the yard fence and trim plants that are adjacent to the streets;
b.Dispose parts of trees, bushes, and plants that may cause disturbance to society or orderliness;
c.Maintain and prevent the damage to the pavement or side walk.
Social Order
According to Article 40 Perda 8/2007, every person or entity is restricted to:
a.Become a beggar, street musician, hawker and car duster;
b.Give order to another person to be a beggar, street musician, hawker and car duster;
c.Buy something from hawker or give money or things to beggar, street musician and car duster.
There are also other restrictions mentioned in this section such as restrictions to be a sexual worker, gambling activities, and sell of alcohol beverages without permit.
Healthiness Order
According to Article 47 paragraph (1) of Perda 8/2007, every person or entity is restricted:
a.To carry out and/or do traditional medical practice;
b.To carry out and/or do psychotherapy treatment practice;
c.Make, mix, store and sell illegal medications and/or counterfeit drugs.Medical practice can only be done with permit from the Government and after fulfilling the requirements set out in the legislation.
Order in Entertainment Venues and Crowd
Under Article 48 paragraph (1) Perda 8/2007, every person or entity is restricted to carry out entertainment venues business without permit from the Governor or the authorized official. And under Article 49 Perda 8/2007the carry out of crowd activities must obtain a permit from the Governor or the authorized official if it is not the duties, authority and responsibility of the central government.Crowd activities that will exploit the streets and therefore will cause public disturbance are also obligated to obtain permit from the Government or the authorized official, according to Article 51 Perda 8/2007.
Order in Society Participation
In this section there are restrictions for the people of Jakarta to do certain things. These restrictions are:
a.Not to put or place emblems, symbols, flags, banners, standing banners or any attributes in fences, bridges, street separator fences, streets, overpass, bus stops, terminals, parks, power pole, and other public places;
b.Not to destroy public infrastructure and utilities in opinion delivering, rally and/or mass mobilization;
c.Not to dispose things and/or utilities used in opinion delivering, rally, public meetings and mass mobilization on the streets, gardens and other public places.
Apart from those restrictions, this section also regulates on other obligations of the people of Jakarta:
a.To put the Merah Putih flag on big national and regional holidays on the appropriate time in accordance with the regulations;
b.Anyone intending to live and stay in Province of Daerah Khusus Ibukota Jakarta must fulfill all the administrative requirements of citizenship as set upon on the legislation;
Development, Control and Supervision
The development of the carrying out public peace an order is done by the Governor, and done by a regional unit in which its basic works and functions are responsible in carrying public peace and order with other regional units.
Control of public peace and order is generally done by all regional units in which its basic works and functions are responsible concerning the peace and public order along with other related regional units.
Every person or entity who sees, knows and finds violations of public order must report it to the authorities. And the authorities must process it.
Investigation
Civil workers (pegawai negeri sipil) in Local Government is given special authority to do investigation concerning criminal provisions related to Perda 8/2007. In doing the investigation, civil workers make reports concerning:
- Suspect questioning;
- House checking;
- Confiscation of things;
- Mail checking;
- Witness interrogation;
- Investigation of the scene,
and send all the documents to the District Court with a copy to the Investigators official of the Police of the Republic of Indonesia.
Criminal Provisions
Criminal provisions on Perda 8/2007 are set out in Article 61-64. The criminal provisions under Article 61 and 62 Perda 8/2007 are categorized as violations, not criminal offense. However, the criminal provision in Article 63 Perda 8/2007 is categorized as a criminal offense.Authorities who receive reports concerning violation of public order and do not process it and breach the provision in Article 59 paragraph (3) will be given punishment as set upon on the legislation.
Adjustment of the Regulation
By the time this regulation has become effective, the Local Regulation Number 11 of 1988 on Public Order in the Region of Daerah Khusus Ibukota Jakarta is revoked and not valid anymore.
