International Journal of Civil Engineering and Technology (IJCIET) Volume 10, Issue 03, March 2019, pp. 882–889, Article ID: IJCIET_10_03_086 Available online at http://www.iaeme.com/ijmet/issues.asp?JType=IJCIET&VType=10&IType=3 ISSN Print: 0976-6308 and ISSN Online: 0976-6316 © IAEME Publication Scopus Indexed IMPLEMENTATION OF MAYOR REGULATION NO. 16 OF 2011 CONCERNING TRAFFIC ORDERLY AREAS IN MEDAN CITY Suria Ningsih, Erna Herlinda and Agusmidah Universitas Sumatera Utara, Medan, Indonesia ABSTRACT Determination of Traffic Ordered Regions aims to overcome traffic congestion in the city of Medan so that the people of Medan City, Indonesia can drive comfortably and safely. This research was conducted to see the implementation of regulation of orderly traffic in the city of Medan through the Mayor of Medan Regulation No. 16 of 2011 concerning Traffic Orderly Areas. This type of research is empirical juridical conducted with 2 stages, namely the first stage of the study of normative law and the second stage of the study of the implementation of regulations by collecting secondary data through library research and primary data through questionnaires, interviews and focus group discussions. The results of the study show that the Orderly Traffic Area was established on the protocol road in Medan City. In the area, what is the obligation, prohibition and sanction is determined. For the supervision appointed by the Department of Transportation, Medan Police Satlantas, Medan City Satpol PP. The policy implemented by the Medan City Government in orderly traffic areas is the installation of road equipment in the form of traffic signs, road markings and ATCS on light traffic, pedestrian repairs that prioritize pedestrians, making Traffic Ordered Zone (KTL) as a pilot area for the implementation of Integrated Urban Road Safety, applying maximum penalties at KTL if there is a traffic violation. Key words: Policy, Traffic Control, Traffic Control Zone. Cite this Article: Suria Ningsih, Erna Herlinda and Agusmidah, Implementation of Mayor Regulation No. 16 of 2011 Concerning Traffic Orderly Areas in Medan City, International Journal of Civil Engineering and Technology 10(3), 2019, pp. 882–889. http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=10&IType=3 1. INTRODUCTION As one of the most populous cities in Indonesia with a population density of 2,983,868 people, Medan is one of the cities with a high level of congestion. Classic problems such as congestion were further aggravated by the low level of awareness of Medan people in their efforts to comply with traffic regulations which became an endless problem that occurred in the city of Medan (www.analisadaily.com). Dealing with traffic problems that occur requires policies from the City of Medan to create smooth, orderly, disciplined traffic for road users and the community in general, including through the establishment of orderly traffic zones. The http://www.iaeme.com/IJCIET/index.asp 882 editor@iaeme.com Implementation of Mayor Regulation No. 16 of 2011 Concerning Traffic Orderly Areas in Medan City Regional Traffic Order is an orderly pilot area of traffic, namely the procedure for traffic, the physical completeness of vehicles, namely the headlights, the rear view mirror, the completeness of vehicle documents and helmets for motorbike drivers. As a pilot area in which there is an orderly, safe and smooth traffic control and regulation for all road users so that it is expected to become a positive culture that develops in the community (http://shindriani.blogspot.co.id). When they compete, they will imitate the order as they enter the orderly area of traffic. In general, the establishment of a program on the Area of Traffic Regulations based on Law Number 22 Year 2009 concerning Road Traffic and Transportation. The Orderly Traffic Area is built and formed on certain road segments in an area determined by the Regional Government with a decree issued by the Mayor with the intention and purpose of this stipulation to be a program of the Regional Government that gets the allocation of funds from the APBD. The program of Traffic Ordered Regions has long been implemented in various regions, especially in big cities. Establishment of an orderly area of traffic in each region based on the decisions of each Regional Head. For this reason, in Medan City, the Mayor of Medan Regulation No. 16 of 2011 concerning the Traffic Orderly Zone of Medan City dated April 14, 2011. With the issuance of the Mayor's Regulation, it became the legal umbrella for the management of traffic orderly areas in Medan City. Based on the reality in the field, it shows that in implementing the Medan Mayor Regulation on Traffic Ordered Regions, the main problems faced include; First, in the implementation of the Mayor of Medan Regulation number 16 of 2011 concerning Traffic Orderly Areas in the City of Medan, it is still far from expected. Second, that is related to traffic behavior, the people of Medan City, so it is assumed that it is difficult to implement the Mayor Regulation. Based on the explanation above shows that the Implementation of Mayor Regulation No. 16 of 2011 concerning the Orderly Traffic Zone is not as easy as turning the palm of the hand. Therefore, in this study will be discussed further related to the implementation of Mayor Regulation No. 16 of 2011, in order to realize the Orderly Zone Traffic so that later it can be used as a model for other cities, especially in North Sumatra Province. In addition, it can also provide input to the Medan City Government so that the implementation of the Mayor's Regulations is carried out according to what became the destination of Medan City. 2. LITERATURE REVIEW 2.1. Traffic Ordered Zone (KTL) The Traffic Ordered Zone (KTL) is an area where motorists who use motorized vehicles or those who use car vehicles are obedient to the rules that apply when they are using vehicles on the highway, the order in question is like: using a standard helmet, a complete rearview mirror, standard exhaust, complete vehicle license plate, carrying correspondence (SIM & STNK) equipment, driving a vehicle not exceeding a predetermined speed and using a predetermined path for two-wheeled riders, while for vehicle users the rules must be followed such as: seat belts, using a complete rear view mirror (both outside and inside the vehicle, the car plate must be complete, driving the vehicle does not exceed the predetermined speed, using predetermined paths for 4-wheeled and 6-wheeled vehicles, and the last don't forget to bring correspondence equipment (SIM & STNK). 2.2. Reasons for the Need for Traffic Ordered Zone (KTL) The reason for the holding of an orderly traffic zone (KTL) was due to a lack of awareness from the public about the safety of driving on the road, and therefore with the existence of an orderly traffic area (KTL) the community inevitably had to follow the rules made by the Regional Government. For people who do not obey the rules in the Orderly Traffic Zone (KTL), they will be immediately ticketed to the place, so as to give a deterrent effect to the people who do http://www.iaeme.com/IJCIET/index.asp 883 editor@iaeme.com Suria Ningsih, Erna Herlinda and Agusmidah not obey the rules when driving on the highway and help reduce traffic accidents for the sake of mutual safety. Efforts made by the Government to bring order to people who are aware of safety will not work well if the people themselves do not participate and assist in obeying the rules of the rules in traffic on the highway. Therefore, from now on, it is hoped that all people will always give a sense of awareness of the importance of safety and respect for the regulations that have been made by the Government. 3. RESERCH METHOD This type of research is empirical juridical conducted with 2 stages, namely the first stage of the study of normative law and the second stage of the study of the implementation of regulations by collecting secondary data through library research and primary data through questionnaires, interviews and focus group discussions. 4. RESULT AND DISSCUSION 4.1. Result 4.1.1. The Policy of the City Government of Medan in an Effort to Realize Orderly Traffic in the City of Medan Based on the Regulations of Medan Mayor 16 of 2011 According to Woll (1966) public policy is a government activity to solve a problem in the community both directly and through various institutions that affect a community's life. The purpose of the formulation or public policy making is to create order, peace, peace and welfare of the people. As the highest public policy in the region, Mayor Regulation must be a reference for all other public policies in the form of regional head decisions and technical policies made by the Regional Work Unit (SKPD). In the Mayor Regulation No. 16 of 2011 the Medan City Government stipulates 7 (seven) roads in the Medan City area to become KTL (Article 1). The 7 road sections include: 1. Street of Suprapto on the bridge to Imam Bonjol street, 2. Street of Sudirman m / d Sp. Street of Imam Bonjol until Sp. Street of S. Parman, 3. Street of Pangeran Diponegoro m / d Sp. Street of Sudirman until Street of Kejaksaan, 4. Street of Imam Bonjol m / d Sp. Street of Head of Maulana Lubis until Sp. Street of Sudirman, 5. Street of Kapten Maulana Lubis and Street of Raden Saleh m / d Sp. Street of Court up to Sp. Street of Town Hall, 6. Street of City Hall m / d Sp. Street of Pulau Penang up to Sp. Street of Putri Hijau, 7. Street of Putri Hijau m / d Sp. Street of Patimpus teacher until Street of Peacock Orange. The 7 road sections are designated as pilot programs for the program which will be added later if there are significant developments. In essence KTL is a road area arranged in such a way that the traffic conditions are truly orderly, organized, and smooth. In addition to encouraging orderly traffic to road users, KTL must be clean of all the chaos that complicated the road. Sterile example from roadside parking, pedicab, and street vendors (PKL). For this reason, the Mayor Regulation also contains Obligations, prohibitions, supervision and actions. We can meet the obligations of the parties in articles 2 and 3 of the Regulation of the Mayor of Medan No. 16 of 2011, including: Article 2: Drivers and motorized passenger traveling through the road in the orderly area of traffic as referred to in Article 1 shall: use a seat belt for four-wheeled motorized vehicles upwards use Indonesian National Standard (SNI) helmets for two-wheeled motorized vehicles. http://www.iaeme.com/IJCIET/index.asp 884 editor@iaeme.com Implementation of Mayor Regulation No. 16 of 2011 Concerning Traffic Orderly Areas in Medan City Article 3: The Transportation Office of Medan City is obliged to install prohibited signs for motorized rickshaws through/crossing roads in the orderly traffic area as referred to in Article 1. The prohibition is contained in Article 4 of Mayor Regulation No. 16 of 2011, including: Motorized pedicab is prohibited from crossing the road in the orderly traffic area as referred to in Article 1, It is prohibited to sell on the sidewalk/sidewalk along the road in the orderly area of traffic as referred to in Article 1. In addition to the obligations and prohibitions of Traffic Ordered Areas, it must also have various facilities to support smooth traffic, such as complete signs, well-maintained road markings, facilities for decent pedestrians, pedestrian bridges (jpo), and ideal zebra crossing. Including the Orderly Traffic Area must have an ideal bus stop or location for public transport stops. Physical facilities are important in policy implementation. The implementer may have sufficient staff, understand what he must do, and have the authority to carry out his duties but without supporting facilities (facilities and infrastructure) the implementation of the policy will not succeed. The pathway that has been established as KTL will get more attention from the Regional Transportation Management Agency (BPTD) which consists of several elements, including the Transportation Agency, Police, Satpol PP, and several related agencies. This is in line with the sound of Article 5 of the Mayor of Medan Regulation No. 16 of 2011 which regulates supervision issues as follows: The supervision and control of compliance with the provisions of the Mayor Regulation is submitted to the Medan City Transportation Office, Medan Police Satlantas, Medan City PP Satpol and agencies related to the Medan City Government. Supervision of this area will be carried out intensely not only for traffic violators but also for making this route chaotic. The City Government also curbs street vendors (PKL) who stand in the area designated as the KTL. Violations and/or non-compliance with the provisions of the Mayor's Regulations are dealt with in accordance with the applicable laws and regulations. (Article 6 of the Mayor of Medan Regulation No.16 of 2011). Based on the provisions of Article 314 of Law No.22 of 2009 concerning Road Traffic and Transportation that in addition to imprisonment, confinement, or fines, traffic offenders can be subject to additional criminal sanctions in the form of revocation of a Driving License or compensation for losses caused by traffic crime. Policy Implementation of the Mayor of Medan to Realize Traffic Ordered Areas The orderly traffic area in the city of Medan consists of eight regional points which is a pilot point that aims to make the people of Medan city no longer face the chaos of traffic or traffic jams. The eight points of the area are expected not to be violated by road users. Research that has been carried out in the field by distributing questionnaires and interviewing permanent road users still have road users who violate intentionally or unintentionally, including not using standard helmets for reasons of haste, there are also road users not crossing well on zebra crossings which is determined by an orderly traffic area. Road users still have a mindset if there are no officers, they use the road as they wish, especially road users feel proud or feel great if driving a vehicle does not comply with traffic regulations as a duty of the road user. This situation can be seen in plain view that the lack of awareness of road users who must fulfill their obligations obeying traffic regulations, and there are still many road users who do not know and do not understand about the existence of an orderly traffic area in the city of Medan. 5. DISCUSSION http://www.iaeme.com/IJCIET/index.asp 885 editor@iaeme.com Suria Ningsih, Erna Herlinda and Agusmidah In its implementation, after more than 7 years of this Mayor Regulation has been implemented, there are only 4 (four) KTL locations that have signs as an adequate traffic order area, namely: Street of Suprapto m/d bridge until Street of Imam Bonjol, with a road length of 696.4 m and a road width of 16.3 m Street of Sudirman m/d sp. Street of Imam Bonjol until Sp. Street of S. Parman, with a road length of 1,257.4 m and a road width of 14.2 m Street of Prince of Diponegoro m/d Sp. Street of Sudirman until Sp. Street of Prosecutor's Office, with a road length of 1,257.6 m and a road width of 9.9 m Street of Imam Bonjol m/d Sp. Street of Capt. Maulana Lubis up to Sp. Street of Sudirman, with a road length of 2,299.8 m and a road width of 14.4 m. Whereas the other 3 (three) KTL locations are inadequate because they do not have signs, namely: Street of Capt. Maulana Lubis and Jl. Raden Saleh m / d Sp. Street of Court up to Sp. Street of town Hall City Hall m/d Sp. Street of Pulau Penang up to Sp. Street of Putri Hijau Street of Putri Hijau m/d Sp. Street of Patimpus teacher until Street of Peacock Orange. In addition to not having signs in the 3 (three) orderly traffic areas, there are still parking vehicles on the sidewalk, the presence of street vendors and building materials placed on the sidewalk so that pedestrians are forced to go down the shoulder. The presence of several roads in KTL that are inadequate such as sidewalks that have not been functioning properly, from the side of the Medan City Government began to make improvements through the agency of the Department of Transportation, cooperating with the Park Office for parks and Public Works Agency for sidewalk structure matters, including conducting studies appeal to other countries such as Taiwan. Some policies implemented by the Medan City Government in the area of Traffic Order, namely: Installation of good road equipment in the area in the form of installing traffic signs, road markings and area traffic light control systems (ATCS) on traffic light. Repair of pedestrians that prioritize pedestrians, such as cleaning police stations on the sidewalk, cleaning street vendors and parking. There are a number of Regents who support the rules regarding the KTL such as the Mayor of Medan Regulation Number 70 of 2017 concerning Procedures for Transfer / Pressing, locking, and scraping/grinding of Wheel Vehicles. The KTL area is a pilot area of Integreted Urban Road Safety (IURSP) implementation carried out by the Australian Government together with the Indonesian Ministry of Transportation. There were 4 cities chosen for the implementation of the program with the Australian government, one of them being Medan City. So there is assistance from the Australian Government in developing sidewalks including the design. Maximum implementattion fines in the orderly area of traffic in the event of traffic violations. In collaboration with Dirlantas it was determined that the traffic violation penalty at KTL with other places must be different so as to provide a deterrent effect. There are several factors that are interrelated to create traffic order, namely: Regulations that are truly based on the study Facilities and infrastructure (infrastructure must be repaired) Culture of orderly traffic The existence of power that can force the regulation is adhered to. http://www.iaeme.com/IJCIET/index.asp 886 editor@iaeme.com Implementation of Mayor Regulation No. 16 of 2011 Concerning Traffic Orderly Areas in Medan City Ad. 1. Regulations Determination of orderly traffic areas in the city of Medan is based on the Mayor's Regulation. In the mayor's regulation, criminal provisions / sanctions cannot be included as in a regional regulation. So the violation in the KTL area so that it can be followed up in court must be improved in the regional regulations in the form of criminal offenses. So regulations need to be strengthened in the regulation of this orderly traffic area. Ad. 2. Repair of facilities and infrastructure In a Traffic Orderly Zone, there must be: a. Road completeness; • signs • road markings, and • traffic light b. Road body parts; • roadside • sidewalks • parking location • bus stops • zebra crossing c. KTL officers must be equipped with: • assignment order • use bad KTL • make a journal book / KTL mutation d. Integrated KTL Post, which consists of: • Police • Department of Transportation • Civil service police Unit • Military police The above has been explained that with regard to facilities and infrastructure there are still 3 KTL areas in Medan that are not yet adequate. Ad. 3. Culture of orderly traffic Although it is stated that legal development consists of 3 (three) components, namely substance, structure and legal culture, the most influential component is legal culture. Because as good as any law is made, but in the end the success of the law will be determined by the legal culture of the community concerned. The legal culture that grows in society is the embodiment of the value structure which is the foundation. Legal culture is the overall attitude of the citizens and the value system in society that will determine how the law should apply in the community concerned. Legal culture is not a personal culture but a whole culture of society as a unity of attitude and behavior. The level of awareness and compliance of the people of Medan City is still very low towards efforts to obey traffic regulations. In line with what was stated by the Head of the Transportation Agency Renward Parapat that the more sidewalks made the better the parking community there, even though the sidewalks were made for pedestrian convenience and disability. The slogan "This Medan Bung" that is so famous for being able to understand the culture of the people of Medan should be replaced with the slogan "This is only Medan" which gives more positive meaning. http://www.iaeme.com/IJCIET/index.asp 887 editor@iaeme.com Suria Ningsih, Erna Herlinda and Agusmidah Ad. 4. There is power that can force the regulation to be obeyed Talking about law enforcement is very much related to power, meaning that law enforcement must be supported by power. In a Traffic Ordered Zone, the agencies involved are: 1. Indonesian National Police (Polri): a. Medan Polrestabes Police b. Sabhara Polrestabes Medan 2. Medan City Government a. Department of Transportation b. Civil service police Unit 3. BKO/Military Police Assistance This is in accordance with the Mayor of Medan Regulation Number 16 Year 2011 Chapter IV Supervision of Article 5 namely "The supervision and control of compliance with the provisions of the Mayor Regulation is submitted to the Medan City Transportation Service, Medan Satlantas Medan, Medan City Satpol PP and related institutions within the Government Medan city. In the context of law enforcement carried out by Medan Polrestabes through acting, among others: The actions of officers who are regulating, reprimanding, giving warnings and instructions with sympathetic repression patterns, Hunting system of action against traffic violations that appears on the road, Actions of officers based on applicable law (through judicial proceedings) by means of law enforcement stipulated as follows: 1) Legal sanctions in accordance with the provisions in Law Number 22 Year 2009 2) Apply e-ticket In order to enforce the KTL a team consisting of the Department of Transportation, the Civil Service Satpol and the Medan Poltabes Satlantas were formed. But in its implementation in the field there are still different visions due to the different agencies. For this reason, it is necessary to have a special control post and be equipped with a clear SOP. In addition to direct control of the field, the Medan City Government also installed CCTV at each intersection (traffic light). The Medan City Government and the Transportation Office also expect the participation of the community in monitoring this traffic with the ATCS Instagram Medan. If there are people who find the occurrence of parking violations for example directly photographed and send to the instagram. This is intended to overcome the problem of the lack of personnel in the field and as a form of public concern in an effort to achieve traffic order in the city of Medan. 5. CONCLUSIONS The Medan City Government Policy as the implementation of the authority granted by Article 96 paragraph (6) of Law No. 22 of 2009 concerning Road Traffic and Transportation by issuing Regulation of the Mayor of Medan No. 16 of 2011 concerning Medan City Traffic Ordered Zone. The Medan Mayor Regulation contains 7 (seven) road sections which are designated as Traffic Ordered Areas in Medan City, Obligations for road users, prohibitions, supervision and implementation are handed over to the Medan City Transportation Agency, Medan Polrestabes Satpant, Medan City Satpol. This Mayor Regulation also includes sanctions for non-compliance with the provisions of this Mayor's Regulation in accordance with applicable laws. http://www.iaeme.com/IJCIET/index.asp 888 editor@iaeme.com Implementation of Mayor Regulation No. 16 of 2011 Concerning Traffic Orderly Areas in Medan City The occurrence of violations of the determination of the orderly traffic area because there are still many road users who do not know about the orderly traffic area, do not standardize safety in transportation and lack of awareness in the obligation to comply with traffic regulations. The policies implemented by the Medan City Government in Orderly Traffic Areas are: o Installation of good road equipment in the area in the form of installing traffic signs, road markings and ATCS on traffic light o Pedestrian repairs that prioritize pedestrians o The KTL area is a pilot area of Integreted Urban Road Safety implementation carried out by the Australian Government together with the Indonesian Ministry of Transportation o Application of maximum penalties in orderly traffic areas in the event of traffic violations. REFERENCES [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] Budi Mulyadi, M. 2009. State Administrative Law in Welfare State. Ebook. Cianjur, Ridwan.H.R., 2006. Law of State Administration. Raja Grafindo Perkasa, Yogyakarta. Hidayat Yuliadi, Witono, (Without Years). Traffic Law and its Application, Smart World, Jakarta, Ibrahim, Johny. 2005. 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