Public Order in Jakarta - One for the Ages!

Sneaking in under the radar is the new Government of Jakarta Regional Regulation on Public Order. The impact of this Regulation will be heavily dependent on enforcement of its somewhat draconian provisions because without adequate law enforcement it is likely to go the way of other public order ordinances, irrelevancy. The public needs to be aware of these provisions for no other reason than the many practices that Jakartans have taken for granted are no subject to severe criminal penalties and fines. Ignorance of the law is not a valid excuse.

The reality of the Regulation is that law enforcement must be more serious in enforcing the provisions as failure to do so would make a mockery of the stiff penalties. Nevertheless, the reality exists that the new and revised provisions are a potential income boon for police officers and other law enforcement officials prepared to accept “compensatory payments” in lieu of issuing a formal citation.

For long-term residents of the capital, the Regulation may be amusing in that perversely funny kind of a way as just about everyone will be able to recall an incident where they have breached these new provisions themselves and question whether the serious penalties and fines provided by the Regulation will be sufficient incentive to change their behaviors. The provisions of the Regulation will not only require a commitment to compliance but will demand a more significant cultural shift in acknowledging what is acceptable public behavior and what is not.

The examples are too numerous to list in this ILB however there are some notable mentions that must be made:

• jay walking is prohibited;
• public buses must stop at bus stops and people must board at bus stops;
• no road closures without permission;
• people can not offer themselves as “jockeys” to assist others in avoiding 3 in 1 traffic provisions;
• vehicle operators are prohibited from employing the services of jockeys;
• areas under bridges and overpasses cannot be used for any purpose except with the permission of the Governor;
• nobody is permitted to direct traffic unless they have permission to do so; and
• no illegal parking fares are to be collected or demanded.
  

Article 9 makes it an offence for passengers on public transport to dispose of rubbish, dispose of their chewing gum, spit, or smoke. Enforcement is clearly the key on the success of these provisions.

All pet owners need to take note that the Regulation requires them to register their pets with the appropriate authorities.
The Regulation also in effect prohibits prostitution by making it an offence to be a prostitute or a pimp and also an offence to use the services of a prostitute or pimp. However, more interesting is that the Regulation outlaws beggars, buskers, hawkers, and windscreen cleaners, which is a move that is decidedly anti-poor particularly when there is not a concurrent program to provide alternative sources of work or income.

Fines range from between IDR 100,000 and IDR 20 million and terms of detention range from 10 days to 180 days depending on the seriousness of the offence.
The Regulation repeals Regional Government Regulation No. 11 of 1988. The Regulation was approved and signed on 10 September 2007 but as yet has not been allocated a number.