Government Takes Discretionary Way to Regulate Online Ojek

The Indonesian government will issue regulations for the use of two-wheeled motorized vehicles as public transportation. In particular, online motorcycle taxis will be the main object that is highlighted. The regulations compiled include aspects of safety, tariffs, freezing and partnerships.

To speed up the action, it is said that the government will exercise discretion, because basically two-wheeled motorized vehicles are not included in public transportation based on Law no. 22 of 2009 concerning Road Traffic and Transportation.

Discretion itself is a term for actions determined by government officials (in relation to the issuance of regulations) to overcome concrete problems faced in the administration of government. The legal basis for Law no. 30 of 2014. Discretion in the government is common. Usually to address crucial issues that are immediate in nature.

In article 22 paragraph 2 of Law no. 30 of 2014 it is explained that every discretion taken has several objectives, such as facilitating the administration of government, filling legal voids, providing legal certainty, and overcoming government stagnation in certain circumstances in order to provide public benefits and interests.

Because from the beginning it was not regulated as part of public transportation, the position of ojek was indeed difficult. Meanwhile, in the community, motorcycle taxis have become an important part of mobility.

Through this discretion, the government tries to fill the regulatory vacuum. The rules are still being worked out and since the beginning of 2019 the government has been actively communicating with interested parties to get input.

"So far, it seems as if online motorcycle taxis don't get protection. With this discretion, I have decided that we will give one thing so that they have a guarantee," said Minister of Transportation Budi Karya quoted from Tirto.

Competition and welfare of motorcycle taxis

Regulations that will be issued by the government regarding online motorcycle taxis will later be arrange many aspects. Some of the key points highlighted include setting tariffs to avoid price wars. So far, online motorcycle taxi fares have been issued unilaterally by service providers or applications. The prices issued by the two were also considered too cheap for the driver-partners.

Another aspect that is planned to be regulated is regarding security, which includes travel insurance. The regulations that will be issued are expected to be able to overcome the polemics that have emerged so far, as well as improve the welfare of partners driver and protect consumers.