The Court's Decision: Online Ojeks Are Not Public Transportation

Thursday (28/6) the Constitutional Court (MK) issued a decision to refuse to legalize online motorcycle taxis as a means of public transportation. This decision was taken after the Court conducted a judicial review of case Number 41/PUU-XVI/2018 which was proposed by motorcycle taxi drivers two months ago.

In April, online motorcycle taxi drivers held a demonstration demanding to include online motorcycle taxis as part of public transportation modes. This is also related to the status of those who want to be recognized as employees of on-demand transportation companies such as Go-Jek and Grab. This claim is also related to tariffs set the providers of on-demand transportation services which are considered quite low and do not involve the driver when making the formulation.

The application submitted by 54 online motorcycle taxi drivers sued Article 47 paragraph (3) of Law Number 22 Year 209 concerning Road Traffic and Transportation (LLAJ)

"Rejecting the applicant's application in its entirety," said Constitutional Court Judge Anwar Usman reading the verdict as follows: quoted from Compass.

The Constitutional Court rejected the applicant's application because he considered the motorbike not a safe vehicle for public transportation. However, online motorcycle taxis can still run even though it is not regulated in the LLAJ Law.

"When talking about road transportation that transports goods and or people for a fee, criteria are needed that can provide safety and security," explained the panel of judges reading the balance of the verdict.

The Constitutional Court also said that it did not turn a blind eye to the phenomenon of online motorcycle taxis, but this had nothing to do with the rules in the LLAJ Law. However, the Constitutional Court judge considered the petitioners' petition to be groundless according to law.