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REGULATION OF THE MINISTER OF TRANSPORTATION OF THE REPUBLIC OF INDONESIA

NUMBER PM.12 OF 2019
ON
USER SAFETY PROTECTION FOR MOTORCYCLES UTILIZED IN THE PUBLIC INTEREST

BY THE GRACE OF GOD ALMIGHTY

THE MINISTER OF TRANSPORTATION OF THE REPUBLIC OF INDONESIA,

Considering:
a. That in order to provide safety, security, comfort, affordability, and orderliness in the utilization of
motorcycle in the public interest it has been deemed necessary to provide legal certainty;
b. That based on the consideration as referred to in letter a, it has been deemed necessary to establish
Regulation of the Minister of Transportation on User Safety Protection for Motorcycles Utilized in the
Public Interest.

Observing:
1. Law Number 39 of 2008 on State Ministry (Official Gazette of the Republic of Indonesia of 2008
Number 166, Supplement to the State Gazette of the Republic of Indonesia Number 4916);
2. Law Number 22 of 2009 on Traffic and Road Transportation (State Gazette of the Republic of
Indonesia of 2009 Number 96, Supplement to the State Gazette of the Republic of Indonesia Number
5025);
3. Regulation of the President Number 7 of 2015 on Organization of State Ministry (State Gazette of the
Republic of Indonesia of 2015 Number 8);
4. Regulation of the President Number 40 of 2015 on Ministry of Transportation (State Gazette of the
Republic of Indonesia of 2015 Number 75);
5. Regulation of the Minister of Transportation Number PM.122 of 2018 on Organization and Working
Procedures at the Ministry of Transportation (Official Gazette of the Republic of Indonesia of 2018
Number 1756).

HAS DECIDED:

To establish:
REGULATION OF THE MINISTER OF TRANSPORTATION ON THE USER SAFETY PROTECTION FOR
MOTORCYCLES UTILIZED IN THE PUBLIC INTEREST.

CHAPTER I
GENERAL PROVISIONS

Article 1
Under this Regulation of the Minister, the following definitions are employed:

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1. Motor Vehicle is any vehicle which is powered by mechanic equipment in the form of engine other than
a vehicle which runs on tracks.
2. Electronic System Organizer is any Person, government, Business Entity, and the public which
provide, organize, and/or operate Electronic System individually or jointly to the Electronic System
User for personal interest and/or other party interest.
3. Application Company is the Electronic System Organizer which provides a technology-based
application in the land transportation sector.
4. Drivers are the persons who drive Motorcycle on the road and have obtained a driving license.
5. Motorcycle User is the Drivers and the Passengers of Motorcycle.
6. Passengers are the persons who are on the Motorcycle other than the Drivers.
7. A motorcycle is a two-wheel Motor Vehicle with or without a cart and with or without sidecar or three-
wheel Motor Vehicle without a cart.
8. Cart is a part of the Motorcycle which is located on a base in the form of a trunk, both for people and
goods.
9. Minister is the minister whose duties and responsibilities are concerned with facilities and
infrastructure of traffic and road transportation.
10. Director General is the director general whose duties and responsibilities are concerned with traffic
and road traffic sector.

Article 2
This Regulation of the Minister is aimed to provide safety protection for the utilization of motorcycle in the
public interest which is conducted:
a. With information-technology-based application; and
b. Without information-technology-based application.

CHAPTER II
TYPES AND CRITERIA

Article 3
(1) The motorcycle which is utilized in the public interest consists of:
a. Two-wheeled Motor Vehicle with or without cart;
b. Two-wheeled Motor Vehicle with or without sidecar; or
c. Three-wheedl Motor Vehicle without a cart.
(2) Utilization of motorcycle in the public interest as referred to in paragraph (1) must fulfill the following
aspects:
a. Safety;
b. Security;
c. Comfort;
d. Affordability; and
e. Orderliness.

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Article 4
Fulfillment of safety aspects as referred to in Article 3 paragraph (2) letter a shall at least fulfill the following
provisions:
a. Drivers are in a healthy condition;
b. Drivers utilize a motor vehicle with a valid Vehicle Registration Certificate (Surat Tanda Kendaraan
Bermotor);
c. Drivers own Driving License Type C;
d. Drivers own Driving License Type D to operate a special vehicle for disabled person;
e. Drivers obey the traffic procedures on the road;
f. Drivers do not carry more than 1 (one) passengers;
g. Drivers master the operational area;
h. Drivers utilize a vehicle which complies with the technical requirements in accordance with laws and
regulations;
i. Drivers conduct checking on the operated vehicle;
j. Drivers conduct maintenance on the vehicle in accordance with the determined schedule in the
maintenance book which is issued by the Trademark Holding Agent;
k. Drivers drive the Motorcycle in a proper manner and full of concentration;
l. Drivers:
1. Wears jacket with a material which is able to reflect lights including with the identity of the
Drivers;
2. Wears trousers;
3. Wears shoes;
4. Wears gloves; and
5. Brings raincoat; and
m. Drivers and the Passengers wear a helm with Indonesian national standard.

Article 5
(1) The fulfillment of security aspects as referred to in Article 3 paragraph (2) letter b namely in the form of
prohibition to bring a sharp weapon for the Drivers and the Passengers of Motorcycle.
(2) For the utilization of motorcycle in the public interest through an application to fulfill the requirements
of security aspects as referred to in Article 3 paragraph (2) letter b, the Application Company shall at
least fulfill the following criteria:
a. Include the identity of the Passengers who order through the application;
b. The identity of the drivers and the Motorcycle which is displayed in the application shall be in
accordance with the drivers and the motorcycle which serves the passengers;
c. Use black license plates in accordance with the data in the application or in accordance with
laws and regulations;
d. Equipped with a vehicle registration certificate in accordance with laws and regulations;
e. Include the complaint services phone number in the application; and
f. Complete the application with panic button features for the Drivers and the Passengers.
(3) In the event of the Drivers pick up Passengers who are not in accordance with the application, there

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shall be a statement on the Passengers data from the account owner.

Article 6
The fulfillment of comfort aspects as referred to in Article 3 paragraph (2) letter shall at least fulfill the
following provisions:
a. Drivers wear appropriate clothes, clean, and neat;
b. Drivers behave in a friendly and polite manner; and
c. Drivers are prohibited to smoke and do other activities which disturb the concentration while driving a
motorcycle.

Article 7
(1) The fulfillment of affordability aspects as referred to in Article 3 paragraph (2) letter d shall at least
consists the following provisions:
a. Drivers provide services for the Passengers to the destination point in accordance with the
agreement between the Drivers and the Passengers; and
b. Drivers charge the services tariff in accordance with the agreement between the Drivers and the
Passengers.
(2) Other than fulfilling the affordability aspects as referred to in paragraph (1), the utilization of motorcycle
in the public interest which is conducted through an application shall fulfill the following provisions:
a. Drivers provide services for the Passengers to the destination point in accordance with the
address which is displayed in the application; and
b. Drivers charge the services tariff as displayed in the application.

Article 8
The fulfillment of orderliness aspects as referred to in Article 3 paragraph (2) letter e shall at least consists of
the following provisions:
a. Drivers shall stop, park, pick up, and drop off the Passengers in a safe place and does not disturb the
traffic in accordance with laws and regulations;
b. For the utilization of motorcycle in the public interest with an information technology-based application,
shelter shall be provided by the Application Company; and
c. Application Company shall conduct development and supervision for the partnering Drivers in relation
to the compliance and traffic safety.

Article 9
(1) Motorcycle which is utilized in the public interest as referred to in Article 3 shall have the following
services characteristics:
a. Predetermined operational area;
b. Unscheduled;
c. Door-to-door services;
d. The trip destination is determined by the Passengers;
e. The amount of services fee which is imposed is in accordance with an agreement or as
displayed in the information technology-based application; and

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f. The order is conducted in accordance with an agreement or through information technology-

based application.
(2) The amount of services fee which is displayed in the application as referred to in paragraph (1) letter e
is determined based on the calculation of utilization services fee.

Article 10
The motorcycle which is utilized in the public interest shall have the minimum cylinder capacity of 110 (one
hundred and ten) cubic centimeter.

CHAPTER III
FORMULA FOR THE CALCULATION OF SERVICES FEE

Article 11
(1) Calculation of services fee which is intended for the utilization of motorcycle in the public interest is
conducted through application.
(2) The formula for the calculation of services fee as referred to in paragraph (1) shall consist of:
a. Direct cost; and
b. Indirect cost.
(3) Direct cost as referred to in paragraph (2) letter consists of the following costs:
a. Vehicle depreciation;
b. Capital interest;
c. Drivers;
d. Insurance;
e. Motor-vehicle tax;
f. Oil-fuel;
g. Tires;
h. Maintenance and repairs;
i. Cellphone depreciation;
j. Cellphone credits or internet quota; and
k. Partner’s profit.
(4) Indirect cost as referred to in paragraph (2) letter b in the form of application rental services.
(5) Guidelines for the calculation of services fee is stipulated by the Minister.
(6) The stipulation by the Minister as referred to in paragraph (5) is signed by the Director-General on
behalf of the Minister.

Article 12
(1) Application Company must implement the services fee based on the formula and guidelines for the
calculation of services fee as referred to in Article 11.
(2) In implementing the amount of services fee as referred to in paragraph (1), the Application Company
shall initially perform a discussion with the stakeholders.

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(3) After the services fee as referred to in paragraph (1) is implemented, the Application Company must
conduct socialization and make an announcement to the Drivers and the Passengers.

Article 13
The Minister shall conduct the socialization to the public on the formula and the guidelines for the calculation
of services fee.

CHAPTER IV
MECHANISM FOR THE OPERATIONAL TERMINATION FOR THE UTILIZATION OF MOTORCYCLE IN
THE PUBLIC INTEREST WHICH IS CONDUCTED THROUGH AN APPLICATION

Article 14
(1) Application Company shall draw up standard, operational and procedures in temporary operational
suspension (suspend) and termination of partnership of the drivers.
(2) Standard, operational, and procedures as referred to in paragraph (1) shall consist of:
a. Types of temporary operational suspension (suspend) sanction and termination of the
partnership;
b. Levels of temporary operational suspension (suspend) sanction and termination of the
partnership;
c. Stages of temporary operational suspension (suspend) sanction and termination of the
partnership; and
d. Revocation of temporary operational suspension (suspend) sanction.
(3) Standard, operational, and procedures as referred to in paragraph (1) before determined shall be
firstly discussed with the partners.
(4) Standard, operational, and procedures which have been stipulated as referred to in paragraph (4) shall
be socialized to the partners by the Application Company.

Article 15
(1) The relationship between the Application Company and the Drivers is a partnership.
(2) The regulation on the partnership as referred to in paragraph (1) is regulated in accordance with laws
and regulations.

CHAPTER V
PUBLIC PROTECTION

Article 16
(1) Public protection for the utilization of Motorcycle services in the public interest is provided for:
a. The Passengers; and
b. The Drivers.
(2) Protection for the Passengers as referred to in paragraph (1) letter a shall at least consist of:
a. Safety and security;

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b. Comfort;
c. The certainty of obtaining services;
d. Complaint services and settlement of Passengers’ issues;
e. The certainty of services tariff in accordance with the agreement or as displayed on the
application; and
f. The certainty of obtaining compensation in the event of an accident.
(3) Protection as referred to in paragraph (1) letter b is provided for the Drivers of the Motorcycle in the
public interest which is conducted through application in the form of:
a. Complaint services and settlement of Drivers’ issues;
b. Face-to-Face registration;
c. Criteria for the imposition of temporary operational suspension (suspend) and termination of the
partnership;
d. Clarification;
e. Right to object;
f. Reactivation; and
g. The certainty of obtaining compensation in the event of an accident;
h. The certainty of obtaining social security for employment and social security for health in
accordance with laws and regulations.
(4) Reactivation as referred to in paragraph (3) letter g is conducted to the drivers of the motorcycle which
is utilized in the public interest which is conducted through an application, for the Drivers which are
imposed on temporary operational suspension (suspend) after going through the clarification process
and is declared to be eligible to resume the operation.

Article 17
The utilization of Motorcycle in the public interest which is conducted through an application must:
a. Implement a fair, transparent, and reliable treatment;
b. Guarantee the confidentiality and security of the Passengers data; and
c. Guarantee the conformity of the Drivers and the vehicle with the identity of the Drivers and data of the
vehicle for the utilization of Motorcycle in the public interest which is conducted through an application.

Article 18
Application Company must provide complaint services center for the temporary operational suspension
(suspend) and termination of partnership which is imposed on the Drivers.

CHAPTER VI
SUPERVISION

Article 19
Government and/or Regional Government shall conduct supervision for the utilization of Motorcycle in the
public interest.

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CHAPTER VII
COMMUNITY PARTICIPATION

Article 20
(1) Community participation shall include:
a. Provide input to the agency which develops traffic and road transportation in improving laws and
regulations, guidelines and technical standard for the utilization of Motorcycle in the public
interest sector;
b. Monitor the implementation of utilization of Motorcycle in the public interest; and/or
c. Provide input to the agency which develops traffic and road transportation on the safety
protection for Motorcycle in the public interest.
(2) Community participation as referred to in paragraph (1) is submitted to the Minister, Governor, and/or
Regent/Mayor in accordance with their authorities both through electronic or non-electronic means.
(3) The Minister, Governor, and Regent/Mayor in accordance with their authorities as referred to in
paragraph (2) shall consider and follow-up the input and the opinion which are submitted by the public.

CHAPTER VIII
CLOSING PROVISION

Article 21
This Regulation of the Minister comes into force from the date of its promulgation.
For public cognizance, it is hereby that this Regulation of the Minister be promulgated in the Official Gazette
of the Republic of Indonesia.

Established in Jakarta,
On 11 March 2019
THE MINISTER OF TRANSPORTATION OF THE REPUBLIC OF INDONESIA,
Signed.
BUDI KARYA SUMADI

Promulgated in Jakarta,
On 11 March 2019
THE DIRECTOR GENERAL OF LAWS AND REGULATIONS OF THE MINISTRY OF LAW AND HUMAN
RIGHTS OF THE REPUBLIC OF INDONESIA,
Signed.
WIDODO EKATJAHJANA

OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA OF 2019 NUMBER 266

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