West Java Governor's ODOL Ban Circular Faces Legal Criticism

Misdirected Regulatory Effort

The recent circular issued by the West Java Governor banning over dimension overloaded (ODOL) trucks has come under fire from legal experts for being improperly directed at private entities rather than government agencies. The criticism centers on the legal standing and appropriate application of such circulars in regulatory enforcement.

Legal Standing of Circulars

Valerianus Beatae Jehanu, a legal expert from Universitas Katolik Parahyangan, stated that using circulars to regulate public and business activities exceeds administrative authority and undermines legal certainty. According to Valerianus, circulars are not part of the legal hierarchy and therefore only have internal binding force within the government administration.

Implications for Regulatory Enforcement

The expert suggested that instead of creating new regulations for external parties, the circular should have instructed relevant departments to enforce existing laws and regulations regarding ODOL trucks. This approach would maintain the proper legal channel for enforcement actions while avoiding the confusion caused by directly addressing private entities through a document lacking legal standing.

Impact on Business and Governance

This case highlights the ongoing challenges in Indonesia's regulatory environment where administrative documents are sometimes used beyond their legal scope. The improper use of such circulars can create uncertainty for businesses and potentially disrupt operations. It also underscores the need for clearer guidelines on the appropriate use of administrative documents in regulatory enforcement.