Tuesday, December 21, 2021

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Jakarta (19/11) – Indonesia Competition Commission (ICC) in collaboration with Bisnis Indonesia held a discussion on the supervision of partnerships in transportation sector and talked about the strategy and effectiveness of its supervision. Present online were Vice Chairman of ICC, Guntur S. Saragih, Member of Commission VI of the House of Representatives (DPR) of the Republic of Indonesia, Darmadi Durianto, Secretary General of the Indonesian Transportation Society, Harya S. Dillon, and Director of Partnership Supervision of ICC of the Republic of Indonesia, Lukman Sungkar, as well as Vice Editor in Chief of BisnisIndonesia, Fahmi Achmad, as the moderator.

Guntur said in his statement that the number of supervisory activities of partnership conducted by ICC was quite intensive and one of the sectors monitored was transportation. Partnership between transportation service providers and transportation service partners especially in the current digital era deserves to become the focus of attention for it absorbs a huge number of workforce. ICC has made various improvements in the transportation sector and many entrepreneurs of MSMEs admit to have benefited from the supervision conducted by ICC. “Despite its limited budget, however. we, ICC, remain committed to making safeguarding efforts towards MSMEs” explained Guntur.

In the meantime, viewed from a legislative perspective, Darmadi conveyed that there were indeed a lot of partnership agreements merely benefiting large-scale entrepreneur side so that the existence of ICC could hopefully minimize the said conditions and an ideal partnership system could be created. Furthermore, Darmadi expressed his concern for ICC, how huge the mandates given to ICC  was without being supported by adequate budget and authorities. It is to be hoped that the national economy can become efficient in the future. One of the efforts made by the House of Representatives (DPR) through Commission VI is to have a strong commitment to include the discussions with regard to ICC in the prioritized national legislation program in 2022. “Next year, ICC will be included in the shortlisted prioritized national legislation program and it is a real form of supports of the House of Representatives for ICC,” asserted Darmadi.

Lukman explained the legal basis for partnership supervision, the aspect of partnership supervision,and partnership supervision conducted in the transportation sector when elucidating the partnership supervision efforts taken by ICC. One of the problems taking place in the online transportation partnership is that there are several unevenly balanced provisions in the agreement between the applicator and the driver-partners wherein the said provisions incur losses to the driver-partners. For that reason, ICC issued a rectification order to one of the applicators, PT Grab Indonesia, which was subsequently welcomed warmlyby the change of behavior by the said online transportation service company. “We appreciate the applicator side who has been willing to be cooperative in executing the rectification order issued by ICC,” asserted Lukman.

Harya as a practitioner explained the challenges of supervision in the transportation sector wherein the online transportation partnership constitutes a new phenomenon in all countries. Facing this new phenomenon, it is necessary that the government have the capability of receiving inputs from all the parties to be balancer and special attention to revising Law No. 22 of 2009 regarding Traffic and LandTransportation. Another challenge is the condition of the people who have already hinged on the use of theapplication to meet their day-to-day needs. “Hence, this exceedingly large number of partners also poses a challenge for application companies so as to be able to accommodate the wishes of all the parties,” said Harya.

Berbudi Wirianto as the representative of the driver-partners who has been directly affected in a positive fashion was also present in the said webinar. Berbudi said that with the supervisory efforts made by ICC, the PT. Grab Indonesia side, the applicator where it is affiliated with, is becoming more caring about equal partnerships, especially in providing various channels for the partners to submit reports in an easy manner or the engagement of partners to conduct development and capacity building. The positive results of the supervision and law enforcement of ICC of the partnerships can serve as a reference for a partnership model in the online transportation.