Volume 8, Number 2, 2023
P-ISSN: 2502-8006 E-ISSN: 2549-8274 DOI: https://doi.org/10.22373/petita.v8i2.176 Indexed by Scopus:
https://suggestor.step.scopus.com/progressTracker/?trackingID=6104E7D47B535213
ELECTRONIC TRAFFIC LAW ENFORCEMENT POLICY WITHIN THE FRAMEWORK OF LEGAL CERTAINTY
MUHAMMAD DAHLAN
Universitas Syiah Kuala, Banda Aceh, Indonesia Email: [email protected]
HUSNI JALIL
Universitas Syiah Kuala, Banda Aceh, Indonesia Email:[email protected]
DARMAWAN
Universitas Syiah Kuala, Banda Aceh, Indonesia Email:[email protected]
SULAIMAN
Universitas Syiah Kuala, Banda Aceh, Indonesia Email:[email protected]
Abstract: One of the Indonesian government’s objectives for renewal and transformation is the implementation of Electronic Traffic Law Enforcement (ETLE), which would improve the public service system for traffic crimes. The existence of ETLE in Indonesia is required for a variety of reasons related to the myriad problems that develop when law enforcement addresses traffic infractions. Since not all Indonesians have mastered information technology, e-tickets have not yet been totally successful, but the deployment of ETLE is a workable alternative for imposing sanctions for traffic rule violators. To capture traffic offences on the road, an ETLE device instantly links to the police department’s command center. This study’s objective is to ascertain how the ETLE policy is being carried out from a law enforcement standpoint. This essay aims to evaluate the ETLE policy’s execution in terms of legal certainty and its applicability to Indonesia’s legal system. A statutory approach and a normative legal technique are both used in this study.
Keywords: Policy, Electronic Traffic Law Enforcement, Legal Certainty, Rule of Law
Abstrak: Salah satu tujuan pemerintah Indonesia untuk pembaharuan dan transformasi adalah implementasi Electronic Traffic Law Enforcement (ETLE), yang akan meningkatkan sistem layanan publik untuk kejahatan lalu lintas. Kehadiran ETLE di Indonesia sangat dibutuhkan karena berbagai alasan yang terkait dengan masalah yang berkembang ketika penegak hukum menangani pelanggaran lalu lintas. Karena tidak semua orang Indonesia telah menguasai teknologi, tidak bisa dikatakan bahwa penilangan berhasil, namun penerapan ETLE adalah alternatif yang praktis untuk memberlakukan sanksi terhadap pelanggar aturan lalu lintas. Untuk menangkap pelanggaran lalu lintas di jalan, perangkat
ETLE langsung terhubung ke Pusat Komando Departemen Kepolisian. Tujuan studi ini adalah untuk memastikan bagaimana kebijakan ETLE dilakukan dari sudut pandang penegakan hukum. Kajian ini bertujuan untuk mengevaluasi pelaksanaan kebijakan ETLE dalam hal kepastian hukum dan aplikasinya pada sistem hukum Indonesia. Pendekatan hukum dan teknik hukum normatif keduanya digunakan dalam penelitian ini.
Kata Kunci: Kebijakan, Electronic Traffic Law Enforcement, Kepastian Hukum, Negara Hukum.
Introduction
As part of the Indonesian National Police’s strategy to reduce traffic offences, this research will concentrate on how Electronic Traffic Law Enforcement (ETLE) is being used. A number of major cities, including Banda Aceh, have already adopted ETLE, a technology- based system. However, there have been issues with its implementation in terms of legal certainty in dealing with traffic violations and the ideal conception of implementing ETLE in the rule of law in Indonesia.
Road traffic and transportation serve a critical strategic role in building national cohesion and development, as stipulated by the 1945 Constitution of the Republic of Indonesia.1 The development of the road traffic and transportation sector is done in partnership with all relevant organizations (stakeholders).2
Traffic is vital because it plays a crucial part in creating the culture of the country. Because the movement of people and economic activity rely so heavily on the transportation system and traffic on the roadways, traffic is frequently referred to as the “lifeblood of life.”3 Fines for traffic offences are under the ambit of the penal code as established by Law Number 22 of 2009 Concerning Road Traffic and Transportation. Crimes may be dealt with directly by the apparatus without requiring reports or complaints from the person who was in the wrong.4
One of the causes of the high frequency of traffic accidents is the enormous number of violations. Consequently, it is argued that applying strong fines for all infractions will modify driver behavior, boosting traffic safety. Even the strongest traffic regulations are pointless if they aren’t routinely enforced. The effectiveness of traffic legislation, notably Law Number 22 of 2009 Concerning Road Traffic and Transportation, depends greatly on traffic and road users.5
According to this law, the police have a responsibility to the community, particularly when the volume of traffic grows. Article 27 paragraph (1) of the 1945 Constitution confirms this. Police have the obligation and capacity to address road accidents and punish traffic
1 Menteri Perhubungan, Buku Petunjuk Tata Cara Berlalu Lintas (Highway Code) Di Indonesia (Kementerian Perhubungan RI 2005). P. 2; See also A Ahsi Thohari, ‘The Manifestation of the Rechtsidee of Pancasila in Regulating the Constitutional Rights in Indonesia’ (2019) 4 Petita: Jurnal Kajian Ilmu Hukum Dan Syariah 149; Muhammad Siddiq Armia, ‘Ultra Petita and the Threat to Constitutional Justice: The Indonesian Experience’ [2018] Intellectual Discourse.
2 Vita Mayastinasari and Benyamin Lufpi, ‘Efektivitas Electronic Traffic Law Enforcement’ (2022) 16 Jurnal Ilmu Kepolisian 1. P. 1-9
3 Farid Azis Abdullah and Feny Windiyastuti, ‘Electronic Traffic Law Enforcement ( ETLE ) Sebagai Digitalisasi Proses Tilang’ (2022) 6 Jurnal Kewarganegaraan 3004. P. 3004-3008
4 Dessi Perdani, Yuris Puspita and Rani Hendriana, ‘Penerapan E-Tilang Bebasis CCTV ( Closed Circuit Television ) Di Kabupaten Banyumas’ (2018) 2 Prosiding Seminar Nasional dan Call For Paper
“pengembangan Sumber Daya Perdesaan dan Kearifan Lokal Berkelanjutan VIII” 93. P. 93-102 5 Mega Tetuko and Fransisca Romana Harjiyatni, ‘Penerapan Electronic Traffic Law Enforcement
(ETLE) Dalam Penindakan Pelanggaran Lalu Lintas (Studi Di Wilayah Hukum Polda DIY)’ (2020) 4 Kajian Hasil Penelitian Hukum 884. P. 884-895
offences as part of their law enforcement operations.6
All road users, not simply the police, are accountable to the issue of traffic orders on the road. All users of the road are obligated to adhere to the regulations. Driver care can assist in minimizing the high number of accidents on the road, yet there are still many more rules that should be observed, such as using helmets and not running red lights. There remains many drivers who do not adhere to such rules, which leads to a lot of traffic violations on the road and high accident rates. Many people die as a consequence of carelessness and breaching traffic regulations.7
The introduction of an electronic ticketing system, also known as Electronic Traffic Law Enforcement (ETLE), in several locations is one of the initiatives that the government and related departments are carrying out in an attempt to reduce traffic bottlenecks brought on by behaviors that violate traffic laws. This program is theorized to be able to minimize the amount of traffic infractions on the roadways. However, Indonesia has not yet deployed the e-ticket system countrywide, and it only applies to a small number of municipal routes. To avoid generating unjust difficulties in law enforcement, the National Police of the Republic of Indonesia must observe the presumption of innocence, the principle of balance, the principle of conformity, and the principle of legality.
Law Number 22 of 2009 Concerning Road Traffic and Transportation, and Government Regulation Number 80 of 2012 Concerning Procedures for Inspecting Motorized Vehicles on the Road and Enforcing Traffic and Road Transportation Violations, both contain laws concerning electronic tickets. Electronic technology may be deployed to support measures to enforce traffic regulations in the road traffic and transportation sector pursuant to Article 272 of Law Number 22 of 2009 regulating road traffic and transportation.
ETLE is an information technology-based traffic law enforcement system that utilizes electronic equipment in the form of cameras that can automatically present motorized vehicle data and identify various sorts of traffic infractions. ETLE camera footage is accepted as proof in circumstances involving traffic offenses. It conforms with Law No. 11 of 2008 on Information and Electronic Transactions.8
According to the findings of field monitoring for the City of Banda Aceh and its surroundings, which falls under the jurisdiction of the Aceh Regional Police, the implementation of ETLE involves using an electronic system which entails several components, as well as facilities and infrastructure, specifically:
• First, there are 12 persons on duty in a pattern of three groups of two people, with each group working for 12 hours to monitor, analyze, verify databases, and input data from confirmation letters. These officers are non-commissioned officers servicing ticket units in the Police District of Aceh without needing an office at the ETLE station.
• Second, Banda Aceh City has various street locations with closed circuit television (CCTV). These locations contain 100 preconfigured CCTV cameras. Thirdly, computers aid in the implementation of ETLE; Six units act as monitoring computers from CCTV connected to 23 camera places, playback computers record monitored
6 Charles Rio Valentine Pardede, Surya Nita and Chairul Muriman Setyabudi, ‘Analisis Program Electronic Traffic Law Enforcement (Etle) Dalam Rangka Menciptakan Kamseltibcarlantas (Studi Kasus Kota Serang)’ (2022) 1 Journal of Innovation Research and Knowledge 533. P. 533-542 7 Aryanindita Bagasatwika, ‘Electronic Traffic Law Enforcement: Is It Able to Reduce Traffic Violations?’
(2020) 6 Unnes Law Journal 73. P. 73-96
8 Yuli Indarsih, ‘Application of Electronic Traffic Law Enforcement (E-TLE) Ticketing System Management at Polda West Java’ (2021) 11 Enrichment : Journal of Management 402. P. 402-406
violations, and others input violation data into the system or online service. Fourth, a web service-based system was developed and coupled with the Regident Ranmor database to facilitate the flow of procedures when managing and resolving traffic infraction cases as a result of acting on camera tickets. The system is divided into three sections: first, for officers to enter data on violations and temporarily block the offending vehicle’s registration certificate; second, for operators of related agencies who can access it on a limited basis;
In prosecution of road users caught on camera by ETLE, the maximum fine is issued in accordance with the applicable law and pays directly to the bank before there a court decision is made. The sanctions and jurisdiction of ETLE covers road users who violate traffic signs and traffic rules such as not erecting helmets, running through red lights, and not using seat belts, who caught on camera by the ETLE system. The traffic officer gives the offender 14 days to report back to the officer at the Traffic Directorate Law Enforcement agency. If for 14 days there is no report, then the vehicle number certificate is blocked.
ETLE is sent as proof of an electronic ticket to the address listed on the vehicle number certificate.
The pursuit of justice is made in an effort to advance civilization. Law enforcement is helpful for resolving a conflict in a civil way, preventing the possibility of a wider conflict, creating a culture of orderly traffic, offering protection, direction, and service to other road users so that they are not disturbed by traffic problems. It provides certainty, educating the nation’s life, and providing a deterrent effect so that people obey traffic regulations.
Based on data obtained in Aceh from January to July 2022, motor theft violations included:
NO Types of Motorized Theft JAN FEB MAR APR MAY JUN JUL Amount
1 Motorcycle 108 134 153 150 33 92 85 755
2 Passenger car 310 270 208 75 88 221 255 1427
3 Bus 0 0 0 0 0 8 4 12
4 Pick-Up truck 7 8 7 4 0 4 3 33
5 Vehicle goods 8 12 11 1 2 3 2 39
6 Other 0 0 0 0 0 1 0 1
TOTAL 433 424 379 230 123 329 349 2267
Source: Police Department of the Aceh Region in 2022
Meanwhile, the number of ETLE violations that were issued in Aceh from January to July 2022 can be seen in the table below:
NO Type of Violation JAN FEB MAR APR MAY JUN JUL Amount
1 Sealt Belt 45 64 41 40 4 17 12 223
2 No helmet 90 106 150 126 26 79 67 644
3 Trespassing on
Railway 298 254 188 64 93 233 270 1400
Total 433 424 379 230 123 329 349 2267
Source: Police Department of the Aceh Region in 2022
Another way ETLE is assisting Police is in the creation of the “Smart City” and in accordance with bureaucratic reform. Increasing the community’s culture of orderliness in traffic is another advantage, a result of the ETLE system’s deterrent impact.9 The traffic police are an implementing element whose task is to carry out police duties include guarding, regulating, escorting and patrolling, community education and traffic engineering, registration and identification of drivers or motorized vehicles, traffic accident investigations and law enforcement in the traffic sector in order to maintain security.
With this considered, the issues in this studyare 1) how can the ETLE policy give optimal legal certainty in law enforcement? And, 2) what is the ideal concept implementation of ETLE within the context of Indonesia’s rule of law?
Methods
The discussion in this study will be supported by normative research methodologies,10 namely the statutory regulation approach and the case approach.11 To resolve the problems, secondary data—which includes primary legal papers, secondary legal materials, and tertiary legal materials—will be used. All data will be analyzed qualitatively.12
Result And Discussion
Electronic Traffic Law Enforcement Policy: Providing Ideal Legal Certainty in Law Enforcement Aspects
The creation of a legal regulation is supported by certain legal concepts. According to Satjipto Rahardjo, a legal principle may be thought of as the “heart” of a legal regulation, making it necessary to possess one for a legal regulation to make sense. Legal principles are ethical legal standards that govern the creation of law, according to Karl Larenz in his book Methodenlehre der Rechtswissenschaft. Legal principles can be seen as a bridge between legal rules, social values, and societal ethical perspectives since they include ethical expectations.13
9 Jhonatan Mulyana Nababan, Ismansyah Ismansyah and Aria Zurnetti, ‘Law Enforcement Using the Electronic Traffic Law Enforcement (ETLE) System Against Traffic Violations in Jurisdiction Jambi Polresta’ (2023) 10 International Journal of Multicultural and Multireligious Understanding 558.
P. 558-567; Inna Junaenah, Abd Shukor Mohd Yunus and Normawati Hashim, ‘Adequacy of Public Information for Meaningful E-Participation in Policy-Making’ (2022) 6 Journal of Southeast Asian Human Rights 153 <https://jurnal.unej.ac.id/index.php/JSEAHR/article/view/32420>.countries around the world mitigated, among other things, social mobility control, resulting in other limitations on fundamental rights, such as freedom of movement and peaceful assembly. Within the rights restrictions, the desire of citizens to satisfy their desire for information and exercise their right to free expression was insatiable. The authors argue that citizens deserve access to sufficient information in order for them to have a meaningful right to participate. At the same time, electronic means can be an additional feature to channel public participation in policy-making. Regrettably, the primary platform adopted in Human Rights laws in operationalizing the right to participate in public affairs remains minimal to coexist meaningful e-participation embarked on the adequacy of the right to information based on Human Rights (HR
10 Chunuram Soren, ‘Legal Research Methodology: An Overview’ (2021) 8 Journal of Emerging Technologies and Innovative Research (JETIR) 1. P. 1-44
11 Muhaimin, Metode Penelitian Hukum (Mataram University Press 2020). P. 5 12 Soerjono Soekanto, Penelitian Hukum Normatif (Raja Grafindo Persada 2004). P. 34
13 Mario Julyano and Aditya Yuli Sulistyawan, ‘Pemahaman Terhadap Asas Kepastian Hukum Melalui Konstruksi Penalaran Positivisme Hukum’ (2019) 1 Crepido 13. P. 13-22; Chairul Fahmi and Muhammad Siddiq Armia, ‘Protecting Indigenous Collective Land Property in Indonesia under International Human Rights Norms’ (2022) 6 Journal of Southeast Asian Human Rights 1 <https://
Legal certainty is the main principle that is integrated into a rule of law to create its strength.
As mentioned in Gustav Radbruch’s book “einführung in die rechtswissenschaften” and quoted by John Bradford Braithwaite.14 Radbruch wrote that in law there are three basic values, namely: (1) Justice (Gerechtigkeit); (2) Expediency (Zweckmassigkeit); and (3) Legal Certainty (Rechtssicherheit).15
Legal certainty is a key component of the legal system. The very act of establishing a legal order reflects, among other things, a demand for certainty. By subjecting conduct to the governance of rules, the law restricts the range of acceptable behavior and legitimizes certain expectations, reducing contingency and complexity and imposing order on human interactions that would otherwise have a wide potential for unpredictable behavior and chaos.16 Legal certainty, or the ability of the law to provide predictability in behavior and reliability in expectations, is a basic and essential goal of law, one of many standards by which legal practices can be judged. This supports the idea that the claim to justice and the principle of certainty form an essential legal couplet that no well-developed system of laws can ignore. This is because we cannot have a functioning legal order unless its rules (or a core set of them) are certain and its norms, procedures, and outcomes (or the majority of them) are correct.17
But justice and certainty sometimes have a conflicting connection; when we increase the certainty of a legal system, we often have to give up part of its accuracy. As a result, the claim to justice and the norm of legal certainty form an important duality at the heart of law.18 This aspect of certainty and justice—both of which are basic legal principles, yet clash with one another—has caused significant theoretical issues. And the answer is not difficult to find: since both have a basic status, any complete theory of law must account for both, regardless of whether their relationship is antagonistic or not. The fundamental conflict has been addressed by a variety of basic approaches to law, but they have all generally tended to favor either justice or certainty while only providing a minimal understanding of the other. Granted, we are painting a wide and distinguished body of literature with one brush when we discuss the underlying difference here, but legal positivism can generally be said to more easily accommodate the certainty of law and non-positivism its claim to justice.19
jurnal.unej.ac.id/index.php/JSEAHR/article/view/30242>; Muhammad Siddiq Armia, ‘Public Caning: Should It Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia)’ [2019] Qudus International Journal of Islamic Studies; Muhammad Siddiq Armia and others, ‘Criticizing the Verdict of 18/JN/2016/MS.MBO of Mahkamah Syar’iyah Meulaboh Aceh on Sexual Abuse against Children from the Perspective of Restorative Justice’ (2022) 17 AL-IHKAM:
Jurnal Hukum & Pranata Sosial 113 <http://ejournal.iainmadura.ac.id/index.php/alihkam/article/
view/4987>; Muhammad Siddiq et all Armia, ‘Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly?’ (2022) 7 JILS 525.
14 John Bradford Braithwaite, ‘Rules and Principles: A Theory of Legal Certainty’ (2005). P. 54
15 Miftahul Huda, ‘Hak Atas Memperoleh Kepastian Hukum Dalam Perspektif Persaingan Usaha Melalui Telaah Bukti Tidak Langsung’ (2020) 11 Jurnal HAM 255. p 255-267; Nurmasyithah Ziauddin,
‘Tinjauan Hukum Islam Terhadap Perlindungan Konsumen Pada Transaksi Jual Beli Online’ (2017) 2 PETITA: Jurnal Kajian Ilmu Hukum dan Syariah.
16 Marzena Kordela, ‘The Principle of Legal Certainty As a Fundamental Element of the Formal Concept of the Rule of Law’ (2018) 110 La Revue du notariat 587. P. 587;
17 Islamiyati and Islamiyati, ‘Kritik Filsafat Hukum Positivisme Sebagai Upaya Mewujudkan Hukum Yang Berkeadilan’ (2018) 1 Law & Justice Journal 87. P. 87-90; Emmanuel Obikwu, ‘International Law and Revolution in the 21st Century’ (2019) 4 Petita : Jurnal Kajian Ilmu Hukum dan Syariah;
Saifuddin Dhuhri, ‘Social Engineering Through Education Law A Comparative Analysis of Cultural Policies between the Dutch and Indonesian Central Government’ (2019) 4 Petita : Jurnal Kajian Ilmu Hukum dan Syariah 86 <http://petita.ar-raniry.ac.id/index.php/petita/article/view/12>.
18 Stefano Bertea, ‘How Non-Positivism Can Accommodate Legal Certainty’ [2007] Law, Rights and Discourse: Themes from the Legal Philosophy of Robert Alexy 69. P. 69-82
19 Haryono Haryono, ‘Eksistensi Aliran Positivisme Dalam Ilmu Hukum’ (2019) 2 Jurnal Meta Yuridis
Legal positivism views the law as primarily consisting of a set of established general rules that may be applied to particular situations without the need for deliberative thinking, with the goal of providing the law with the greatest amount of predetermination and certainty possible. However, this strategy eventually fails to take seriously the claim to justice connected to the law, leading law and justice to diverge dramatically. Therefore, it should come as no surprise that even deeply unfair rules can be considered legitimate from a positivist perspective provided that they have been adequately implemented and are socially beneficial.20 This amounts to dismissing justice as a component of law and making justice an entirely extra-legal criterion. Therefore, the fundamental contradiction is transformed into a less challenging (and intellectually uninteresting) comparison between a legal value and an extra-legal one in a positivist framework. This solution, however, comes at the expense of oversimplifying the legal domain, as can be seen in the typical positivist claim that legal theorists should not really be concerned with matters of justice (as these fall outside of their scope and competence), a claim that sharply restricts the scope of legal theory and renders it irrelevant to public discourse on matters of practical importance.21
Due to the advancement of modern society, everyone now requires simple, useful objects to support daily necessities. Humans must engage with one another since they are inherently social animals. Everyone needs transportation, which is utilized to facilitate mobility from one location to another in order to reduce trip time. “Being issued a ticket while driving is one of the pitfalls for drivers. It is well known that some police officers frequently misuse their power to levy penalties.” Fined drivers often try their luck by asking the police to
“make peace” with them.22
Certainty is the presence of a definite condition, circumstance, or result. Fundamentally, the law has to be just and transparent as a norm for behavior and justice since the code of behavior is necessary to support a decision that is regarded as reasonable. “Only if the law is fair and administered firmly can it fulfill its obligations.”23 Only normative, not sociological, answers can be given to a question concerning legal certainty. Legal certainty guarantees that the law will be appropriately applied. The goal of governing the law through legislation drafted by recognized and authoritative parties is to guarantee that it is, in fact, a rule that must be adhered to.
The act of punishing traffic infractions with manual penalties frequently creates an opportunity for numerous anomalies to take place, which hinders law enforcement’s ability to carry out its objective. The traditional ticket system presents a risk of misuse by careless law enforcement personnel. First, both enforcement police and ticket administration officers have the power to manipulate procurement data, use it, and
96. P 96-107; Yasar Aulia, ‘Fundamental Principles of The Legislation Process: Comparative Study Between Indonesia and The United Kingdom’ (2021) 6 Petita : Jurnal Kajian Ilmu Hukum dan Syariah 20 Jimly Asshiddiqie and M Ali Safa’at, 40. Teori Hans Kelsen Tentang Hukum (Sekretariat Jenderal &
Kepaniteraan Mahkamah Konstitusi RI 2006). P. 65; Thomas Buocz and Iris Eisenberger, ‘Demystifying Legal Personhood for Non-Human Entities: A Kelsenian Approach’ (2023) 43 Oxford Journal of Legal Studies 32 <https://academic.oup.com/ojls/article/43/1/32/6756624>.
21 Raden Mas Try Ananto Djoko Wicaksono, ‘Reviewing Legal Justice, Certainty, and Legal Expediency in Government Regulation Number 24 of 2018 Concerning Electronically Integrated Business Services’
(2021) 5 Lex Scientia Law Review 1. P 1-24
22 Agustina Tunggal Dhewi Pita Kusuma, Suryawan Raharjo and Eko Nurharyanto, ‘Kajian Hukum Terhadap Penerapan E- Tilang Dalam Memberikan Kepastian Hukum Terhadap Pemberlakuan Sanksi Denda Bagi Pelanggar (Studi Di Ditlantas Polda Diy)’ (2022) 6 Kajian Hasil Penelitian Hukum 98. P 98-110
23 ibid.
issue tickets for personal, financial incentive. This approach is frequently employed to intimidate lawbreakers and solicit payments. Second, penalties for infractions may not be deposited in the state treasury or may be misapplied. Third, manual tickets cannot be utilized for other initiatives like the program to extend the validity of a driver’s license or for police forensics, among others. Finally, the number of prosecutions that are intended to be brought is still low, making the system less effective and efficient.
The application of ETLE is a new method of enforcing road traffic laws in Indonesia. As something new, ETLE continues to undergo improvements. Moreover, ETLE was developed within the existing road traffic law regime, so will likely be used in conjunction with other legal aspects in the enforcement of road traffic law. This research tries to observe the existence of ETLE in the development of Indonesian road traffic law in the digital era, as well as analyze the compatibility of road traffic laws in force in Indonesia in response to ETLE as a new mechanism.24
ELTE is a new breakthrough in improving the quality of safety, reducing the fatality rate of accident victims, realizing and maintaining security, safety, order and smoothness in traffic, as well as building a culture of order and providing excellent service to citizens.25 This is the rationale behind the implementation of ETLE, which is anticipated to be enforced effectively, efficiently, and can be applied optimally so that the prosecution of traffic infractions, especially the imposition of fines, can be applied to the fullest extent possible whilst providing legal certainty. The bulk of traffic infractions take the form of disregarding road markings, traffic signs, and traffic control devices, such as stopping when not permitted, parking where not permitted in particular locations, and running red lights These infractions tend to peak at peak traffic times, when more people are using the freeway.26
Given the large number of police officers and the need to avoid corrupt ticketing practices, the use of speeding tickets is based on law enforcement needs related realistic to traffic laws. Since paying for tickets in court has traditionally been a protracted procedure resulting in the return of a driver’s license (SIM) or vehicle registration number (STNK) after a fine has been paid, these e-tickets are designed to put an end to corrupt activities related to ticketing. Traffic violators usually pay fines immediately because the process of paying for a ticket is complicated and time consuming. Ineffective law enforcement through traditional speeding tickets is caused by problems with the police administration being disorderly related to the distribution of fines and fines being given without evidence.
Regulation of the Director of Traffic Number 170 of 2020, which regulates standard operating procedures for handling traffic and road transport violations with ELTE is a technical reference for implementing law enforcement with the ETLE system. This standard operating procedure was created with the intention of providing legal certainty for every traffic violation, confirmation, and provision of evidence for violations (tickets) that is carried out by police officers electronically.
Currently, Law Number 22 of 2009 concerning Road Traffic and Transportation Article 249 paragraph (3) and Article 272 paragraph (1) and (2), which regulates the use of
24 Dian Agung Wicaksono and Chrysnanda Dwilaksana, ‘Penegakan Hukum Lalu Lintas Jalan Secara Elektronik Sebagai Wujud Pembangunan Hukum Dalam Era Digital’ (2020) 9 Jurnal Rechts Vinding:
Media Pembinaan Hukum Nasional 311. P 311-328
25 Suwandi, ‘Electronic Traffic Law Enforcement (ETLE) Sebagai Terobosan Penegakan Hukum Lalu Lintas Dan Angkutan Jalan’ (2022) 10 Wasaka Hukum 49. P 49-63
26 Tetuko and Harjiyatni (n 5).
electronic equipment support as evidence of traffic violations in court, serves as the general regulations for implementing ETLE. With the use of these clauses, ETLE is established as a means of motor vehicle inspection. Article 272 of Law No. 22 of 2009 Concerning Road Transport Traffic states that electronic equipment that has all been integrated into the NTMC (National Traffic Management Center) data center, or the National Traffic Police Control Center, can be used to support violation enforcement activities in the road traffic and transportation sector.27
A ticket is defined as evidence of a specific violation in the area of traffic and road transportation with the format specified, according to Article 1 Point 4 of Government Regulation Number 80 of 2012 concerning Procedures for Inspection of Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations. According to M. Karjadi, a ticket or other evidence of a violation is both an invitation to attend a district court hearing and proof that the police have taken property from a traffic offender.28 Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) provides a legal foundation regarding the legal force of electronic evidence, as well as formal and substantive requirements when electronic evidence is being accepted in court after being captured by ETLE cameras. Electronic information and/or documents that comply with the formal and substantive standards outlined in the ITE Law are considered to be electronic evidence. The definition of “electronic information” in Article 5 Paragraph 1 of the ITE Law is “one or a set of electronic data, including but not limited to text, sound, images, maps, designs, photographs, Electronic Data Interchange (EDI), electronic mail, telegram, telex, telecopy or the like, letters, signs, numbers, Access Codes, symbols, or processed perforations that have meaning or are comprehensible to people who can.”
Despite the many bases for adopting ETLE, one topic regarding criminal responsibility in its implementation still requires attention from this research. The ETLE mechanism focuses on camera sensor recordings of license plate images, which raises the possibility that the offender might not be the owner of the motorized vehicle that matches the identity on the vehicle registration certificate. Existing regulations hold violators criminally liable for traffic violations made with their vehicles. This means that vehicle owners may be held legally responsible for traffic offenses committed by offenders under the concept of vicarious liability, which imposes criminal accountability on a person for the conduct of another person.
In the criminal justice system, for instance, particularly law enforcement related to traffic violations that can be followed up with the use of ETLE, the discussion of the legal system, which is a unified collection of elements that exist in interaction with one another, cannot be separated from the discourse on the application, implementation, and enforcement of the law.
It is obvious that when applying, implementing, and enforcing a certain norm, one must consider the rules/elements that constitute a unified legal system in order to avoid giving the appearance of a conflict or disharmony between regulations. We must relate the speed inspection process in the traffic law regime to the speed inspection program specified in Articles 211 to 216 of the Criminal Procedure Code. In the discussion surrounding the imposition of criminal sanctions, it has been stated that the principle of doing so can only be applied by the judiciary to traffic law enforcement based on ETLE relating to very
27 ibid.
28 Anggit Dwi Astuti and Ismunarno, ‘Penerapan Tilang Elektronik Dan Pengaruhnya Terhadap Pelanggaran Pasal 359 KUHP Di Kota Semarang’ (2020) 9 Recidive 9. P. 9-15
basic principles of criminal law, namely the principle of legality over the principle of legal certainty; meaning that law enforcement does not always have to have a law first. The laws must, however, be harmonized as well. Even while the Indonesian law enforcement system, in addition to the idea of legality, upholds the principle of due process of law, it is obvious that justice seekers will suffer if there are inconsistencies between rules.
The fact that ETLE exists may undoubtedly help the accountability of the police. The current technology can strictly record every traffic infraction from input to output, Meaning that the processing of violators’ data won’t be overlooked and data that is incorrect or faulty can be readily traced down at any moment. This system will make it simpler for the public to learn all information about activities that are classified as traffic offenses and the fines for each infraction. The community is thus more reasonably expected to understand the law and refrain from breaking it in the future.
This approach attempts to make things simpler for those committing infractions as well as the police. It also aims to stop traffic police officers from engaging in unlawful levies or extortion. As a method of professionalism and openness for police officers, the use of e-tickets attempts to give legal certainty to those who commit traffic offenses.
The ETLE system offers traffic offenders several advantages.
• Firstly, transparency. There is a method for reporting anomalies in the conduct of public officials and the conduct of government administration operations, and information about these irregularities is disseminated. The general public can easily learn about traffic procedures and laws thanks to this Android-based software. The ETLE system offers a facility that can respond to public inquiries about procedures in governmental administration.
• Secondly, empowerment. The community is empowered through easily accessible information. The public will be able to learn everything there is to know about traffic offenses, including their consequences, through ETLE. It is believed that by making the community aware of the law, they will stop breaking it in the future, and to avoid breaking current rules, it is also necessary that the public be able to communicate an attitude of orderly traffic.
• Thirdly, responsiveness. With a system that is effectively connected to manage these offences, authorities will be more responsive, and police will be more attentive to public concerns regarding traffic.
• Fourth, equity. Regardless of whether the prior offender had committed the same infraction, any violator in the ETLE service who violates the rules will face the same fine or penalty due to the fact that it has been decided upon by the authorities and governed by the current system. Since the system will accurately record the offenses committed by the road users, this can eliminate the need for negotiations between the parties impacted by the ticket and the police.
Having an e-ticket system is a crucial requirement in the modern age as technology advances. With this system, there should be greater clarity amongst those who receive a traffic ticket. In addition to offering convenience, it also demonstrates the professionalism and transparency of police officers in the field of law enforcement.
The Ideal Concept of Implementing Electronic Traffic Law Enforcement Within The Framework of The Rule Of Law In Indonesia
In real life, a country’s level of discipline may be assessed by how strictly its citizens adhere to the rules of the road. Because productivity produced by traffic is necessary for
a civilization to flourish correctly, traffic is a city’s lifeblood. Safe, secure, organized, and seamless traffic is required. The majority of Indonesia’s facilities and infrastructure, along with the country’s road traffic and transportation, are still disorganized and untidy. As stipulated in the Republic of Indonesia’s 1945 Constitution, road traffic and transportation play a crucial strategic role in fostering national cohesion and economic growth.
The number of traffic violations has increased compared to before the implementation of the ETLE technology policy which has been officially implemented in many large cities in Indonesia. Every district/city-level police agency uses Electronic Traffic Law Enforcement (ETLE), a device that automatically detects traffic violations on the road and is connected to a command center. Wahab defines policy implementation as a follow-up step from the policy-making process in the form of implementation to meet the goals set, either by certain organizations, officials, or the government.
The National Police has created ticket services utilizing the ETLE system as part of its attempts to improve electronic-based services. Closed-circuit television (CCTV) and automated number plate recognition (ANPR) technologies are being used by ETLE to digitize the ticketing process and capture traffic infractions and identify offenders using motorized vehicle numbers. The computerized method is intended to make the entire ticketing procedure more efficient and free from unauthorized charges from law enforcement. The outcomes of employing this technological tool may be admitted into evidence in court.
The provisions of Article 272 of Law No. 22 of 2009 Concerning Road Traffic and Road Transportation are further regulated in Government Regulation No. 80 of 2012 Concerning Procedures for Inspecting Motorized Vehicles on the Road and Enforcing Violations of Road Traffic and Transportation. According to this regulation, the prosecution of traffic and transportation infractions is based on the findings of the vehicle inspection process, reports, and/or electronic equipment recordings. According to the National Police study, ETLE was powerful enough to bring traffic infractions down by up to 40% and accidents down to nil where ETLE cameras were put. This encourages the progressive adoption of ETLE across several provinces in Indonesia.29
The ETLE system is now regarded as an efficient approach for police, local administration, and the community when improving driving behavior and managing traffic. The items of the traffic violation, the amount of the fine, and the evidence are all detailed by the ELTE system. Having citizens who are “literate” about the laws established by their own country’s law enforcement is one of the requirements for being a developed country.
To deal with extremely large amounts of traffic infractions, which were in the millions in the 18-months between 2021 and the first half of 2022, the ETLE was enacted. In 2021, there were 2.12 million traffic violations in Indonesia. In the first half of 2022, there were 1,789,502 cases of traffic violations, according to data from the National Criminal Information Center (Pusiknas) in dataindonesia.id and setkab.go.id. According to a poll conducted by the National Police Information Center (Pusiknas), the following table lists the five most typical traffic infractions for the year 2021:
Case Type Total Case
Not Wearing a Helmet 512.979
Incomplete Registration Papers 481.224
29 Moch Rizky Ekandana and Tauran Tauran, ‘Implementasi Program Electronic Traffic Law Enforcement (E-TLE) Di Kota Surabaya’ (2022) 11 Publika 1605. P 1605-1616
Violating Road Markings 348.109
Driving Against the Flow of Traffic 235.933
Incomplete Vehicle Accessories 200.229
In contrast, industrialized nations like the United States, Britain, Japan, and Singapore have had an ETLE Policy in place for some time. The United States has been using ETLE since 2009, but Indonesia established this regulation in 2018. ELTE policy has been consistently implemented in 400 American communities and has been successful in catching numerous traffic infractions. Singapore and Japan are two Asian nations that have long-established this approach. Singapore’s ETLE policy was implemented in 2012, and Japan adopted it in 2014. The two nations have managed to apprehend hundreds of traffic offenders by placing thousands of CCTV cameras across the city.30
The government must be more aggressive in distributing static ETLE installations in other cities in Indonesia. This should be accompanied by massive mobile ETLE implementation to capture traffic violations by the police so that violations do not spike once more (as they did when the manual ticket stop policy was in place). ETLE policy is a very appropriate step in addressing the high number of traffic violations. We may learn from nations that have already adopted ETLE effectively; in these nations, hundreds of CCTVs have been installed The government must continue to innovate by expanding the present ETLE.
One of the criteria for measuring how well current rules are being implemented is their actual impact. When the implementation outcomes have had the desired impact, changes in the target group’s behavior can be measured, as well as implementation in accordance with current policies.
Additionally, because their bureaucracy is more complex than that of traditional ticketing and ticketing officers, police officers have difficulty adapting to the provisions for using e-tickets as a means of reprimanding violations. This is a barrier to law enforcement using the e-ticket application. According to Regulation of the Head of the Traffic Corps of the Indonesian National Police No. 6 of 2018 concerning Standard Operations, Procedures for Enforcing Traffic and Road Transportation Violations with Electronic Tickets, the use of e-tickets at the resort police level is not conducted in accordance with the Standard Procedure of e-tickets.31
Both the community and the police benefit from the electronic fines program. Safety when driving allows for order and discipline in society. At the same time, police enjoy repairing the authority of law enforcement and do not have a negative reputation due to extortion news. The application of electronic fines is efficient and consistent with current criminal goals. These sanctions not only stop traffic infractions but also have a deterrent impact.
This is due to the public’s perception that they are constantly under CCTV surveillance even while there are no police officers on duty, whether it be at a red light or while driving on a highway. Unfortunately, these laws and regulations won’t function as effectively if the facilities and infrastructure are subpar. The effective operation of computerized ticketing also requires community engagement. A variety of outreach efforts on different platforms may be used to raise awareness about safe driving practices. This could be done immediately in the field (public) or through social media. This would unquestionably sustain the police as an institution. However, there are drawbacks associated with
30 Disa Maulida Insani, ‘Seberapa Efektif Tilang Elektronik Dalam Menjaring Pelanggaran Lalu Lintas?’
(Artikel Mahasiswa).
31 Lutfina Zunia Apriliana and Nyoman Serikat Putra Jaya, ‘Efektivitas Penggunaan E–Tilang Terhadap Pelanggaran Lalu Lintas Di Polres Magelang’ (2019) 5 Jurnal Komunikasi Hukum (JKH) 1. P 1-11
computerized ticketing. One of them is the increased gap between the police and the community in their interactions. To ensure that citizens feel safe and cared for, efforts must be taken to bring the police closer to them.
Conclusion
A greater sense of legal certainty results from the ETLE policy of law enforcement to reduce traffic offenses. By employing technology, ETLE is digitizing the ticketing process, which is anticipated to be more effective and efficient throughout and help the police with administration. It is no secret that bribery is a common practice in traffic operations, which is why the Indonesian police have established the E-ticket and ETLE systems, which are intended to lessen extortion (illegal levies) and bribery. The placement of CCTV (Closed Circuit Television) cameras at each red light to observe traffic conditions aids in the ticketing procedure.
To actualize a better government system, every renewal and change in the life of the country and state is undertaken within the framework of attaining a democratic government . Indonesia is not exempt from the globalization-driven growth of information and communication technology (ICT) One of the ways ICT is used in government administration is to enhance the level of service and contact with those who have access to e-government. Conveniences and interactive communication are made possible by the existence of information technology’s convergence with e-government. E-government deployment can produce online or computer-based public services. The Indonesian government has implemented electronic tickets, or e-tickets, as one step toward the growth of e-government. This guideline was developed in response to the numerous issues that arise in law enforcement when it comes to traffic infractions.
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