Activists urge public to fight three-in-one policy

Damar Harsanto and Evi Mariani The Jakarta Post Jakarta

Taxpayers should fight the three-in-one traffic policy if they believed it was disadvantaging them, community activists said on Thursday.

"Although the policy has been implemented (since Jan. 26), the public still have the chance to oppose it through the state administrative court if they find it disadvantageous," Jakarta Legal Aid Institute lawyer Tubagus Haryo Karbyanto said at the Central Jakarta District Court.

Haryo referred to Law No. 5/1986 on state administration, which said any policy made by public officials must consider all public interests.

"The law states that the public has 90 days to file a complaint after the implementation of the policy. We must make haste before the time for legal complaint expires," he said.

Haryo offered free legal advocacy for all taxpayers who believed they were adversely affected by the policy and were willing to file a complaint. They should contact the institute's Jakarta office on Jl. Diponegoro 74, Central Jakarta, telephone number (021) 3145518, he said.

Haryo said the three-in-one policy, set out in Gubernatorial Decree No. 4104/2003, was still contestable amid legal confusion over the validity of the decree.

"The three-in-one policy, which carries legal sanctions for offenders, must be regulated by a city bylaw instead of a gubernatorial decree. This means the policy needs approval from city councillors," he said.

The administration had gone beyond its authority by implementing the policy, he said.

Jakarta Residents Forum chairman Azas Tigor Nainggolan said the policy was only meant to ensure the success of the controversial busway project.

"Instead of designing a comprehensive transportation system for the city, the administration has implemented the busway project at the expense of the public interest," Tigor said.

The administration plan to regulate tinted windows for private cars posed another headache for the city residents, he said.

Meanwhile, Jakartans still had three months before the city police imposed penalties for not fastening vehicle safety belts, transportation officials said.

Ministry of Transportation spokesman JA Barata said the ministry had suggested a trial enforcement period of six months for the safety belt rule.

"However, starting May 5, all offenders who do not wear safety belts will be ticketed. Law No. 14/1992 stipulates that the violators will face up to a month's jail or maximum Rp 1 million (US$119) fine," he said.

The city police traffic division said while most private cars were equipped with safety belts, many drivers and passengers were reluctant to use them.

"We are still at the public awareness campaign stage (for seat belts). But we want to first focus on the three-in-one policy and then we can go ahead with the safety belt policy," said Comr. Suzana Saras of the division's traffic violation section.