The elected chief of Indonesian National Police, Listyo Sigit Prabowo, plans to remove physical traffic tickets and replace them with electronic tickets. The purpose is to reduce extortion and bribery practice during the direct ticketing process by the Traffic Police.
The legal basis for ticketing is Law Number 14 of 1992 which was later amended by Law Number 22 of 2009 concerning Road Traffic and Transportation (“LLAJ Law”).
Besides the above law, matters concerning traffic tickets are also regulated through the Decree of the Chief of the Indonesian National Police No. Pol: SKEP/443/IV/1998. This decree stipulates the Technical Manual on the Use of Ticket Forms. Now, there are two color ticket forms that the offenders may choose, namely red and blue.
Electronic Tickets
Electronic ticketing has actually been tested in Jakarta on October 2018 along Sudirman-Thamrin street. Electronic ticket or E-TLE (Electronic Traffic Law Enforcement) is an electronic ticketing system that uses the CCTV system as its supervisor instead of the police on duty on the streets. If a vehicle violates traffic regulations and is caught by the CCTV, the officer who monitors in the monitoring room will record and write down the vehicle plate number. The owner of the vehicle plate will get a ticket and must pay the fine.
The application of electronic ticket itself is based on Article 5 paragraph (1) and (2) Law Number 11 of 2008 concerning Electronic Information and Technology and Article 249 paragraph (3), Article 272 paragraph (1) and (2) of the LLAJ Law, and Government Regulation Number 80 of 2012 concerning Vehicle Inspection on the road.
Article 272 of the LLAJ Law stipulates that to support the enforcement of traffic and road transportation violations, electronic equipment can be used. The results of using this electronic equipment can be used as evidence in court. What is meant by “electronic equipment” is a recording device for storing information.
Related to Article 272 of the LLAJ Law as mentioned above, it is then further regulated in Article 23 of Government Regulation Number 80 of 2012 concerning Procedures for Inspection of Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations (“PP 80/2012“), which regulates whereas the enforcement of traffic and road transportation violations is based on the results of:
a. findings in the process of Checking Vehicles on the Road;
b. report; and / or
c. electronic recording equipment.
Based on the recording of the electronic equipment, Indonesian National Police Officers or Civil Servant Investigators in the Road Traffic and Transportation sector may issue a ticket (Article 28 paragraph (1) PP 80/2012). The speeding ticket must be accompanied by evidence of a recorded electronic law enforcement tool (Article 28 paragraph (2) PP 80/2012). A speeding ticket is delivered to the offender as a notification and a summons to appear in court (Article 28 paragraph (3) PP 80/2012). In the event that the offender is unable to fulfill the summons to attend the court proceedings, the offender can deposit the fine money through a bank appointed by the Government (Article 28 paragraph (4) PP 80/2012). By looking at the regulation, it can be seen that the speeding ticket was not given electronically, but proof of the ticketing is in the form of an electronic record.
The following are countries that have implemented electronic tickets:
1. The United States of America
Since the introduction of electronic tickets, the United States has succeeded in catching many offenders with various forms of traffic violations. Since it was first implemented in 2009, the coverage of the implementation of this policy has been evenly distributed in 400 cities across the state.
2. England
Due to the UK’s electronic ticketing policy, thousands of CCTVs have been installed all over the country. With those CCTVs, the relevant authorities are able to monitor 14 million cars per day.
What is special is that the local authorities have activated 20 types of CCTV to support this policy. Each CCTV has different specifications and functions.
3. South Korea
When measuring the success of electronic ticketing policies implementation among Asian countries, South Korea appears to be one of the most successful. This is because tens of thousands of CCTVs distributed by the local authorities have been able to reduce the number of street crimes and increase public traffic awareness.
4. Japan
In Japan, in a country known for its high discipline, the implementation of electronic ticketing policy is taken very seriously. Since 2014, thousands of CCTVs were installed by local authorities. Not only on the highway and vital areas. Local authorities even put CCTVs up in small alley.
What is interesting, from this policy, we can see that the discipline of Japanese people is real. Evidently, from the implementation of this policy, the Japanese government was only able to collect IDR 221 million which resulted from the fines of the offenders.
5. Singapore
Indonesia’s neighboring country, Singapore, has also performed quite well in terms of implementing the electronic ticketing policy. In 2012, local authorities installed as many as 6,500 CCTVs across the region.
During that time, local authorities managed to arrest 1,900 criminals with the help of CCTV.[1]
Hope this information is useful.
Fredrik J. Pinakunary Law Offices
[1] Article posted in Kompas.com with title Komjen Listyo’s discourse on electronic ticketing was welcomed by the public, https://otomotif.kompas.com/read/2020/03/07/084200115/catat-ini-5-kota-yang-sudah-terapkan-tilang-elektronik?page=all
