The Policy of Local Government on Regulating the Traffic Control

Zone in Medan

Suria Ningsih

, Erna Herlinda

, Agusmidah

Administrative Law Department. Faculty of Law, Universitas Sumatera Utara, Jl. Universitas No. 4, Medan, Indonesia

Keywords : Policy, Traffic Control, Traffic Control Zone.

Abstract :The research is conducted to examine the regulation of Traffic Control Zone in Kota Medan trough the

regional regulation of Medan (Peraturan Walikota Medan) No.16 in 2011. The aim of Traffic Control Zone

is to solve the traffic jam problem in Medan so that the safe and comfortable driving can be obtained. The

type of the research is normative juridical with collecting the secondary data which are primary, secondary,

and tertiery legal material obtained from library research. The data will be analysed qualitatively. The result

of the research shows that Traffic Control Zones are established in a few particular areas. The obligations and

prohibitions are determined in each area. The Transportation Office such as Satlantas and Satpol PP are

appointed to supervise the regulation. This regional regulation is also contained with sanctions such as

administrative sanction and fine for breaking the rule. Local government policy is establishing the Traffic

Control Zone as the built and supervised area in order to form a good traffic zone for the sake ofOafety and

comfort.

1 INTRODUCTION

The road system has an essential functions as it’s

considered as the veins of development in various

aspects such as economy, social, culture, and national

stability, and also as a mean of balance and

distribution of growth. In a wider dimension, the road

system has a big role in developing a particular area,

as well as national, province, and district/city based

on its road system function.

As one of the most populated city in Indonesia,

with 2.983.868 population, Medan has become a city

with a high rate of traffic jam. The increasing of

citizen’s intensity automatically increases the traffic

users. The sistematic and chronic traffic jam that

keeps happening repetitively every single day is

caused by the familiar reason which is the amount of

vehicles is beyond the road facility. The road

expanding has a limit and it isn’t possible to provide

the road traffic equal with the users. The number of

vehicles are about 5.800.000 dominated with about

85,61% of motorcycles. With the dense population of

vehicles itself in Medan City, among them is a

personal car driven only by a person, especially on

busy hours, traffic jam is inevitably. The chaotic

moments can also happen because of unfinished road

construction, misusing of road as a parking area,

unofficial bus stops, and trading area. In the other

hand, the traffic jam has a significance correlation

with the disobedient of traffic users. The problems of

transportation and traffic jam are still a big issue that

must be solved by the city government, particularly

on the main roads.

In dealing with the occured traffic jam, the

government’s policy is needed to create a swift,

organized, and disciplined traffic for everyone, which

is etablishing the traffic control zone.

The traffic control zone is a good example of

road

traffic with the procedure for traffic users, the

physically complete vehicle such as light, rear view

mirrors, and official administration papers, and also

helmet for motorcycle rider. This is the police’s

program that aims to educate the citizens how to

behave as a traffic users well. The traffic control zone

is a good example where the organized, safe, and

swift traffic regulation and control is held, and

expected to soon become a positive custom for

society. Thus, people will follow the good example of

traffic control zone in the road traffic.

Generally the establishing of Traffic Control Zone

program is based on UU Number 22 of 2009

1370

Ningsih, S., Herlinda, E. and Agusmidah, .

The Policy of Local Government on Regulating the Trafﬁc Control Zone in Medan.

DOI: 10.5220/0010074913701375

In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages

1370-1375

ISBN: 978-989-758-449-7

about Traffic and Vehicles. Traffic Control Zone

is established on some particular areas chosen by the

government itself with the decree from the Mayor

with the aim is to create it as a Local Government’s

program budgeted from Regional Government

Budget.

Traffic Control Zone program has been

established in various areas especially big cities. The

establishment of each area’s traffic control zone is

based on their own Local Government’s decree. Thus,

it is interesting to find out how the government of

Medan’s policy on regulating the Traffic Control

Zone.

2 METHODOLOGY SECTION

In Kamus Besar Bahasa Indonesia (KBBI) or

Dictionary of Bahasa Indonesia, policy is a string of

concepts and principles that become a headline of a

plan in establishin a particular work, leadership and

government’s demeanor. Woll (1966) views public

policy as a government’s activity in solving a case in

society not only directly but also trough an institution

that has an impact for the society. Policy in practice

is referred into 2 (two), they are:

a. Policy in terms of freedom, it exist in a particular

subject (or equal with the subject). To get an

acceptable alternative as the best based on the

value of living together or on a particular country

use a particular authority existed in that subject in

dealing with the human problems related with the

living together in that country. In the other word,

policy is a particular freedom space in taking an

acceptable alternative to solve the human

problems in a living area or particular country or

place.

b. Policy in terms of escape, is to solve the human

problems related to living together or particular

country, as a result of freedom of choosing which

is accepted as the best based on the value of living

together or on a particular country. In the other

words, the escape in solving human problems is

intended as a result of freedom in choosing the

best in a current place and time based on the value

in a particular society or country.

The aim of policy is a satisfaction or serenity and

also an interest from the determiner and a decision

maker of policy related with the satisfaction or

serenity and also interests from the object of policy,

which is the citizens. Thus, the administration policy

of a country is intended to the citizens for their own

good as administration policy is created for them.

Policy is based on morality or law. Policy is always

related with responsibility which means it is ideally

can responsible in both morally or legally.

The aim of formulating the public policy is to

create the organized, serenity, peaceful and also

prosperous society. It is in a same concept with

walfare state which is embraced by most of the

country around the globe. In running the public

policy, there are three source of authority, they are

attribution, delegation, and mandate. Attribution is a

giving authority for the head of government from the

legislators. The forming or constitution both by

original legislators (originaire wetgevers) and

presentative legislators (gedelegeerde) gives a full

authority to the government formed in a place or the

existed one. Delegation is a giving authority from and

institution or local government to another head of

institution or local government. After the authority is

being given, the giver will no longer has an authority.

The authority obtained form attribution or delegation

can be mandated to lower institutions or personeel if

the head of government who obtains the authority

can’t stand for it alone.

E. Utrecht, administratitive authority in legislative

case includes:

1. Authority in forming the rules based on personal

initiative especially in facing the an emergency

problems which has no rules beforehand without

depending on the central legislators.

2. The government is given a job to adjust the rules

formed based on the reality happens in society.

The Regulation of Mayor is regulation appointed

by the Mayor. The Regulation of Mayor is recognized

and has a legal power as long as it is governed by the

higher regulations or formed based on a regulations

(Article 8 Section 2 UU No.12 of 2011 about Forming

the Regulations of Constitutions). As a highest public

policy in a district, Regulation of Mayor has to

become a reference for the entire other public policy

both the head local’s decree and technical policy

formed by the Regional Government Agency

(SKPD).

The traffic Control Zone is an area built, educated,

and established and also supervised to become an area

reflecting and implementing of how a good traffic is.

This area has been built completely with a facilitated

road for the road traffic users; such as motorcycle

riders, car drivers, pedestrians, priority vehicles and

stops.

The Policy of Local Government on Regulating the Trafﬁc Control Zone in Medan

1371

The aims of Traffic Control Zone are:

1. To create an organized, swift, and safe

traffic zone.

2. To become a good example zone where the

good traffic regulation occurs.

3. To increase the discipline and law

enforcement of the traffic consistently.

4. To give a good guidance for society about

the traffic control zone intensively in order

to gain the disciplin of the traffic users

Among the aims of traffic control zone, it also has

some functions as explained below:

a. As a mean of development and socialization

for law enforcement managing in traffic

regulations to eduacate the entire traffic

users.

b. As a place where the rules are applied to be

shown to the society that an organized, swift,

and safe traffic zone can be applied.

c. As a good example traffic zone showing

how a safe and sound traffic regulation is.

d. As a research program to those who do the

observation about the development of traffic

regulations or the quality of drivers.

3 RESERCH METHOD

The approach problem used in this research is

normative juridical. Normative juridical is a research

conducted by doing the library research or secondary

data as the source data to be analyzed, where the the

analying of constitution and literarature related with

the research problem is conducted. The secondary

data are three primary legal materials, they are;

binding legal material from UUD NRI 1945, UUD

No.2 of 2009 about Traffic and Vehicles, UU No. 12

of 2011 about Formulation of Legislation, Medan

Mayor Regulation No.16 of 2011 about Medan

Traffic Control Zone. Secondary legal material is a

legal material that gives an explanation about primary

legal material such as books, literature, articles, law

dictionary related with the materials with the addition

such as the collecting data activity from the internet

and tertiery legal material as a supporting

explanation.

The method of collecting data is conducted as a

library research. The collected data will be analysed

trough data selection, data classification and data

systemation. The data are analysed qualitatively with

the taking conclusion inductively.

4 RESULT AND DISSCUSION

The traffic control zone is established to reflect and

implement the safe and good traffic regulation. This

zone is facilitated well for the traffic users both

drivers and pedestrians. The establishing and

supervising the zone is done by the entire authority

such as police and local government. Even the

citizens are involved to obey the rules in the entire

zones.

Generally, the establishing of Traffic Control

Zone program is based on UU No.22 of 2009 about

Traffic and Vehicles. While the establishment of

traffic control zone in each districts are based on their

local government. The Medan Mayor Regulation has

been legalized; No.16 Year 2011 about Traffic

Control Zone in Medan on April 14 2011. The

regulation has become a constitution for Medan

Traffic Control Zone.

The Mayor Regulation is based on Article 94

Section (2) in Constitution Of Republic Indonesia

(UU) No.22 of 2009 about Traffic and Vehicles: The

regulating activity as mentioned in Article 93 Section

(3) b includes:

a. Regulating policy for traffic users and traffic

movements of the particular road system;

and

b. Providing information to society in

regulating the established policy. Next in

Article 95 Section (1) (d) regulated the

Policy of traffic users and traffic movements

as mentioned in Article 94 Section (2) (a)

which is formed as an command,

prohibition, warning or instruction regulated

in local regulation for road city.

In establishing the country administrations,

government has regulated some policies in various

forms such as beleidslijnen (policy lines), het beleid

(policy), voorshtiften (regulations), richtijnen

(guidances), regelingen (clues), circulaires (circular

letter), resoluties (resolutions), aanschrijvingen

(instructions), beleidnota’s (policy note), reglemen

ministriele (ministry’s regulation), beschikkingen

(decree) dan bekenmakingen (announcements).

The regulation of policy in principal is a product

of the country aims to “naar buiten gebracht

schricftelijk beleid”, means showing the written

policy. The function of regulation of policy is as a part

of operational in running the government tasks, thus

it can’t be changed or diverged the law. The

regulation is considered as the shadows of

constitutions. Thus, the regulation is also called as

ICOSTEERR 2018 - International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches

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psudeo-wetgeving (pseudo-legislation) atau

spigelsrecht (law shadow).

Practically, the discretionary authority of state

administration which created the regulation of policy

consists 2 aspects; first, freedom of interpretation of

the scope of authority formulated in the basic rules of

authority. This aspect is well known as a freedom of

interpreting objectively. Second, the freedom to

decide on its own in the manner in which and when

the powers of state administrations are exercised.

This second aspect is known as subjective freedom of

judgment.

Management and Traffic Engineering is a series

of businesses and activities including planning,

procurement, installation, arrangement and

maintenance of road equipment facilities in order to

realize, support and maintain security, safety, order

and smooth traffic (Article 1 number 29 Law No.22

Year 2009). Management and Traffic Engineering is

implemented to optimize the use of road system and

traffic movement in order to guarantee the safe,

organized, and swift traffic and road transport

(Article 93 Section (1) UU No. 22 of 2009). The

Mayor is responsible for the implementation of

Management and Traffic Engineering as referred to in

paragraph (1) and paragraph (2) for city road after

receiving recommendation from related institutions.

(Article 96 section (6) of UU No.22 of 2009). This

provision grants the authority of attribution to the

Mayor of Medan as the responsible person in the

implementation of Management and Traffic

Engineering in Medan City. In general, the authority

must be formal in order to be implemented. Authority

is an authority or legitimacy for executors in

implementing a politically determined policy.

The background of the legalisation of Medan

Mayor Regulation No. 16 of 2011 on the Medan

Traffic Control Zone is in order to optimize the

efficiency and effectiveness of the use of space traffic

and control the movement of traffic and road

transport which need to be managed. In the Medan

Mayor Regulation, the government stipulates 7

(seven) road segments in Medan City to become

Medan Traffic Control Zone (Article 1). The 7 road

segments include:

1. Jl. Suprapto from the bridge to Jl. Imam

Bonjol

2. Jl. Sudirman from intersection of Jl. Imam

Bonjol to intersection of Jl. S.Parman

3. Jl. Pangeran Diponegoro from intersection

of Jl. Sudirman to Jl. Kejaksaan

4. Jl. Imam Bonjol from intersection of Jl.

Kapt Maulana Lubis to intersection of

Jl. Sudirman

5. Jl. Kapten Maulana Lubis and Jl. Raden

Saleh from intersection of Jl.

Pengadilan intersection in Jl. Balai

Kota

6. Jl. Balai Kota from intersection of Jl.

Pulau Penang to intersection of Jl. Putri

Hijau

7. Jl. Putri Hijau from intersection of Jl.

Guru Patimpus to Jl. Merak Jingga

These 7 segments are appointed as pilot project in

the program which will be expanded after the

significant development.

Basically, Traffic Control Zone is the road areas

arranged such a way in order to create an organized

traffic. Besides improving and organized traffic for

the users, Traffic Control Zone has to be clean from

any chaos of the traffic. For instance, the road is

sterile from sidewalks parking, pedicab, and road

market. Thus, the Mayor Regulation consists

liability, prohibition, supervision and action.

The liability for everyone can be found in Article

2 and Article 3 of Medan Mayor Regulation of

No.16 of 2011, they are:

Article 2: the drivers and passengers of the

vehicles who pass the Traffic Control Zone

mentioned in Article 1 have to obey:

a. Using a seatbelt for four-wheel or more

vehicles.

b. Using the national standard (SNI)

helmet for two-wheel vehicles.

Article 3: The Transportation Office must install

the traffic signs where pedicabs are forbidden to pass

the road segments in the Traffic Control Zone as cited

in Article 1.

The prohibitions cited in Article 4 of Mayor

Regulation No.16 of 2011, are:

(1) Pedicabs are forbidden to pass the

Traffic Control Zone as cited in Article

(2) It is forbidden to peddle on the

sidewalks of Traffic Control zone as

cited in Article 1.

Not only obligation and restriction in Traffic

Control Zone have to set but also the good facilities

for the traffic users, for instance a complete traffic

signs, an organized road markings, proper sidewalks

for pedestrians, overpass, and also ideal zebra cross.

Traffic Control Zone also has to provide an ideal

locations for bus stops. Physical facility is an essential

aspects in implementating the policy. Implementator

may have enough staff who understand their jobs and

The Policy of Local Government on Regulating the Trafﬁc Control Zone in Medan

1373

authority, but without supporting facility, policy

implementing is such an impossible.

The chosen roads as Traffic Control Zone will get

more attention from the Regional Transportation

Development Board (BPTD) that consists of several

elements, such as Transportation Office, Police,

Satpol PP, and several related agencies. This is in line

with the statement of Article 5 of Medan Mayor’s

Regulation No.16 of 2011 which regulates

supervision issues as follows: The implementation of

supervision and control over compliance with the

provisions of this Mayor Regulation shall be

submitted to the Transportation Office of Medan

City, Satlantas Polresta Medan, Satpol PP Medan and

related agencies of Medan City Government. The

surveillance of this area will be intensified not only

for traffic offenders but also to those who create a

chaotic zones. The City Government also curb street

vendors (PKL) who hung in the area that has been

established as Traffic Control Zone.

Violations and / or non-compliance with the

provisions of this Mayor Regulation shall be dealt

with in accordance with the prevailing laws and

regulations. (Article 6 of Medan Mayor Regulation

No.16 of 2011). Under the provisions of Article 314

UU No.22 of 2009 on Traffic and Vehicles that in

addition to imprisonment, imprisonment or fines, the

perpetrator of a offenders may be subject to additional

criminal sanctions in the form of revocation of

Driver's License or Reparation of Losses resulting

from a criminal act of traffic.

One of the most important attempts to make the

law effective is to set sanctions. Sanctions are actually

a stimulus to do or not do. Sometimes sanctions are

formulated as an agreement or rejection of certain

patterns of behavior in society. Thus, there are

negative sanctions and positive sanctions. Narrowly,

negative sanctions mean a punishment whereas

positive sanctions are rewarded. In reality it is not too

easy to establish that certain laws will be effective if

they are accompanied by sanctions. However, the

main factor that needs to be taken into account to

determine whether the sanctions play a role in the

effectiveness of the law is a characteristic problem of

sanctions itself. How sanctions is whether the

sanctions are in the form of severe sanctions or light-

weight only. Head of Transportation Office of Medan

City, Renward Parapat mentioned that based on the

results of coordination in traffic forum meetings,

fines against traffic violations within the area of

traffic order is given to a maximum fine so that the

riders are really obedient to traffic rules.

It is closely related to the perception of citizens in

taking the risk, especially if it violates a rule

accompanied by a negative sanction. If a citizen is

brave to bear the risk, although it would be suspected

that the negative sanctions are very limited

consequences. The problem is closely related to the

duration of the implementation of such negative

sanctions. If the sanction is immediately imposed

then there is a possibility that the consequences will

be far more effective than if the implementation is

postponed. Slowness in applying negative sanctions

to certain behaviors is one of the factors that cause

sanctions to be ineffective. This means that the

citizens of the community do not believe it anymore,

so that the authority of law and its enforcement will

decline. According to Kasatlantas Polresta Medan

mentioned that specifically in Traffic Control Zone

area, those who are against will get direct violation of

acts and tickets and then have to deal with the court.

The terms of law enforcement in concrete is the

enactment of positive law in practice as it ought to be

obeyed. Therefore giving justice in a case means

deciding the case by applying the law and

determining the law in concreto in maintaining and

ensuring the observance of the legal material by using

procedural means established by formal law. In

carrying out the law there will be many challenges

and obstacles that will continue to evolve with

different traits and shapes as the times passed. This is

what will demand the law and law enforcement

officers as its implementation to be able to enforce the

law by trying to overcome and look for solutions to

problems arising from the execution of these laws in

order to keep the law applied. Therefore Soerjono

Soekanto said law enforcement is not merely the

implementation of legislation, although in reality in

Indonesia the tendency is so, so the meaning of law

enforcement is so popular. Law enforcement in

Indonesia means law enforcement has to contain

values in accordance with Pancasila and the 1945

Constitution of the Republic of Indonesia.

Factors affecting law enforcement according

Soerjono Soekanto will be explained as follows:

a. The legal factor itself;

b. Law enforcement factors, for instance the

parties that make up and apply the law;

c. Factor of means or facilities that support

law enforcement

d. The community factor is the environment

where the law are legalized and applied.

e. Cultural factors such as work, creativity

and sense that is based on human

initiative in the social life.

These factors have a neutral meaning, so the

positive or negative impact lies in the content of these

factors.

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5 CONCLUSION

The policy of Medan City Government as the exercise

of the authority granted by Article 96 Section (6) of

UU no. 22 of 2009 on Traffic and Vehicles which is

issuing the Medan Mayor Regulation No. 16 of 2011

about Traffic Control Zone in Medan. The Medan

Mayor Regulation of Medan contains road section

which is chosen as Traffic Control Zone in Medan

City. The obligation for road users, prohibition,

supervision of the implementation and control is

submitted to Medan Transportation Office, Satlantas

Polresta Medan, and Satpol PP Medan City. This

Mayor Regulation also contains sanctions for non-

compliance with the provisions of this Mayor

Regulation in accordance with legalized legislation.

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