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Perda Number 8 Provision 40, 2007 VS UUD 1945 Provision number 34
Posted by Rizka
on
16.55
Bekasi-Kuningan-Bekasi-Kuningan forces me to get the
public transportation everyday. The public transportation I use are Busway, Bus
and Mini bus (kopaja). It is no wonder that there are many ‘street singers’ in
the public transportation that called pengamen.
For the public transportation users as I, we can see oftenly the street singers start from children, a
teenage, a woman/man till an old man. There are many different outlook about street
singers. Most of people think, become the street singers is their livelihood to
get survival. But in the different side, there are people who become the street
singers is the way to conduct their talent and ability in music. It proved by
Iwan Fals, Mbah Surip and Aris who won sing competition.1 Begun from
being a street singer, now they are become a big and famous musician.
Sometimes we
think that the street singers unsightly, or even as the crum. Therefore, the
government make a policy about the public order. It is Perda Number 8 Provision
40, 2007 which says:
Any person or entity is prohibited to;
a.
become beggars, buskers,
hawkers, and cleaners car
b.
tell others to become beggars,
hawkers, and cleaners car
c.
buy to hawkers or giving money or
goods to beggars, buskers, and cleaners
car
And for the one who prohibit the rule will liable to
imprisonment for a minimum of ten days
and maximum of sixty days or fined
minimum one hundred thousand rupiah and maximum twenty million rupiah.2 Then,
is it the prudent regulation one? Has it work effectively?
This regulation is not the right time to ban begger at all. There
are still many segments of society that
social and economic conditions worse. Therefore, the only way to get the survival life is with
begging or become street singer. If they have not to do that, so where did they
must to making a living from? Better if doing evaluation about this one.
Suppose there are no more condition hardship and poverty, this regulation can
be done.
To
succeed that regulation (Perda Number 8 Provision 40, 2007), Satpol PP did
socialization public order in five regions. This socialization purpose to
provide insight and understanding to the public and road users do not provide social assistance to
the begger, street musicians and street
vendors to buy merchandise that
they sells.
This regulation
seems like to criminalizes the beggars and street singers. It opposite with the
Provision number 34 UUD 1945 which mention “The destitute
and neglected children maintained by the
STATE”. So, is it means the street singers that include of
destitute have to be maintained by government? The street singers and the
beggars have to making a live for themselves and their family by sing inn
public transportation or begging in public places. By the rough words, state
couldn’t yet give the prosperity to the destitute. And now, they are prohibited
to work as usual because Perda Number 8 Provision 40, 2007. Yet that regulation
looked not give the big effect. It does
the government’s job to makes Jakarta as the great city and clean city of poor
people. But, Perda number 8 chapter 40, 2007 doesn’t answer the problem
existed. The things should to be done is to decrease the number of the
destitute and improve the prosperity, not just to throw off and irresponsible
with the problem existed. Government has to also provide solution beside make
this regulation. Sing in the public transportation is their job to get the
life, therefore how do they get the money for survive? Then it can be called human rights
violations. HAM said that every human being has the right to work, for
a decent living, and home.3 So, if
government want to forbid the street singers works, better they will be given
others job. In other words, better government to provide occupation so that
they aren’t become street singers.
The presence of beggars in Jakarta is the impact of a
false government in dealing with
poverty. Government failed to prove the existence of beggars
prosperity of the people. This means that development policy is currently not succeeded in giving jobs for the people. And better that before
give the policy or others regulation, should to provide solution and other way
caused.
