A lawyer in Banyuwangi, Ahmad Rifa'i conducted a material test of the subscription parking system implemented in Banyuwangi. He considers these regulations to be in conflict with the regulations above, thereby causing harm to society.
Ahmad Rifa'i officially registered the material test with the Supreme Court (MA) through the District Court (PN) Banyuwangi, Thursday, 4 January 2024.
“In personal name, on behalf of the residents of Banyuwangi Regency, submit a request to object to the right to judicial review of Regional Regulation Number 12 year 2011 Regarding General Services Levy related to article 70 verse (1), verse (2), verse (3) About Subscription Parking System Norms,” clear.
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He explained, This material test is a New Year's gift to all Banyuwangi people who feel disadvantaged and object to the implementation of the subscription parking system. In Banyuwangi, This subscription parking has been in effect since 2011.
One of the applications submitted, he continued, himself begged the MA to state the Article 70 verse (1), verse (2), verse (3) Regional Regulation No 12 year 2011 Regarding General Services Levy, it is declared invalid and does not have binding legal force.
“In the year 2014, In Gresik Regency, a material test has already been carried out (regarding the Regional Regulation on subscription parking) and upheld by the Supreme Court,” strictly.
It means, according to Rifa'i, This rule has actually been declared invalid since 2014. But strangely, he said, in the year 2017 In Banyuwangi, there was actually a second change to the regional regulation, which increases the price of subscription parking.
He considers this norm not and contrary to the regulations above. Because not all vehicle owners use the parking facilities provided by the Banyuwangi Regency Government. People whose homes are in remote areas, in the villages, not always, Every day, every year, out into town to use the facilities.
“So we consider this norm to be contrary to the norm regarding public service levies which are regulated in law,” strictly.
The decision to submit this material test, he continued, represents input from various levels of society. If this application is granted, according to him, it will be a gift for the entire Banyuwangi community.
So far, parking has been subscribed to, according to him, applied by force. It is called forced, he continued, because it is during the annual tax extension, fees paid by the public directly in-include-Parking is a subscription without being asked first whether you want to use a subscription or not. As a vehicle owner, he also experienced this himself.
“That's what is called forcing. A citizen after using the service after paying the levy. This does not necessarily mean that it is immediately drawn at the start. This we consider unfair,” he said.
He hopes, before April there was a decision from the Supreme Court. He also asked the Banyuwangi Regency Government to stop from today forcibly collecting fees for the subscription parking system implemented at Samsat in Banyuwangi Regency..
“Because it is clearly contrary to the laws above and I think it is unfair,” he concluded.
Currently the subscription parking rate in Banyuwangi for two-wheeled vehicles is IDR 35 thousand and for four-wheeled vehicles IDR 70 thousand. The tariff is valid for one year.
