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632 1262 1 SMyy
632 1262 1 SMyy
第 55 卷 第 3 期 Vol. 55 No. 3
JOURNAL OF SOUTHWEST JIAOTONG UNIVERSITY
2020 年 6 月 June 2020
Research article
Social Science
印度尼西亚日惹街头供应商监管政策对改善公共秩序的有效性
Argo Pambudi
Public Administration Department, Social Sciences Faculty, Universitas Negeri Yogyakarta
Yogyakarta, Indonesia, argopambudiuny@gmail.com, argo_pambudi@uny.ac.id
Received: March 3, 2020 ▪ Review: May 20, 2020 ▪ Accepted: May 30, 2020
This article is an open access article distributed under the terms and conditions of the Creative Commons
Attribution License (http://creativecommons.org/licenses/by/4.0)
Abstract
Street vendors represent a phenomenon that occurs in urban areas, both in developing and developed
countries. Their existence is supported by the entrepreneurial spirit of the vendors. However, the practice
could be improved if street vendors were made aware of the rights of the community whose public space
they utilize and must respect. A well-organized street vendor will benefit various parties such as tourists
and will support the community’s economy as well. This study aims to analyze the level of success of the
implementation of government policy regarding the regulation of street vendors in Yogyakarta and
surrounding areas. The method used in this study is qualitative descriptive analysis, which builds a
conceptual model that reflects the actual hidden phenomenon. The data for the study were collected
through observations, interviews, and an exploration of the relevant literature. The results found that the
licensing regulations as stipulated by the decision of the mayor of Yogyakarta are not implemented in
accordance with the provisions. An evaluation of the implementation of licensing rules shows that they
have not yet reached the most beneficial results. Some street vendors cannot implement them due to a
combination of several factors, namely the importance of their economic survival, the non-financial
“costs” that street vendors would incur, and the lack of knowledge about the substance of the policies
governing street vendors.
摘要 街头小贩代表着在发展中国家和发达国家的城市地区都发生的一种现象。他们的存在受到供
应商的企业家精神的支持。但是,如果让街头小贩了解他们使用并必须尊重其公共空间的社区的
权利,则可以改善这种做法。井井有条的摊贩将使游客等各方受益,并将支持社区的经济。本研
究旨在分析日惹及周边地区有关街头小贩监管的政府政策实施的成功程度。本研究中使用的方法
是定性描述性分析,它建立了一个反映实际隐藏现象的概念模型。该研究的数据是通过观察,访
2 Pambudi / Journal of Southwest Jiaotong University / Vol.55 No.3 June 2020
谈和对相关文献的探索而收集的。结果发现,日惹市长的决定所规定的许可规定没有按照规定执
行。对许可规则执行情况的评估表明,它们尚未达到最有益的结果。由于一些因素的综合考虑,
一些街头小贩无法实施这些措施,这些因素包括其经济生存的重要性,街头小贩将招致的非金融
“成本”,以及缺乏有关街头小贩管理政策实质的知识。
关键词: 公共政策,监管政策,摊贩
street vendors cause direct harm to citizens or applies general assumptions about political life to
damage the state as an institution [6]. Because specific case studies. [13] define public policy as
street vendors operate in public spaces, legality “a projected program of values and practices”.
and illegality issues arise. When considering the [14] defines public policy as a government action
socio-spatial conflict of public space, literature to achievethe goals or objectives. Based on these
analyzes the collective action of street vendors as definitions, the keyword is "a decision to achieve
a strategy of avoidance or resistance [7] or as a goals".
struggle for the street vendors’ right [8]. Meanwhile, the implementation of public
According to [9], a new generation of street policy is what the government do to achieve its
vendors is emerging, characterized by goal contained in its statutes. Therefore,
sophisticated business techniques, such as the“implementation research” focuses to answer
branding, international supply chain management, “What happens in the design, implementation,
and sophisticated information technology. The administration, operation, service and outcomes
authors argue that this newer generation of of the government policies and programs [15]?
vendors has either a university or secondary level While, Wethan contrasted with the ideal values
of education. In contrast, the older generation of of improving public order, facilitating
street vendors sell low-cost products and services entrepreneurial spirit, and other ideal public
with limited technical skills. The older generation policynorm. All of those have to be contained in
also serves local and foreign customers. the government decision’s design, rule
Every day, the conflict between street vendors implementation, and other successful public
and municipal authorities can be found in most policy as seen in Table 1. The government
major cities around the world [10]. Street vendors concept in this paperhas broader meaning.It
as a public issue is related to the conflict over includes all of the public organization, not only
public spaces between the government and street executive institution branch, namely legislative,
vendors (i.e., each has a different interpretation executive, and judicial institutions, etc. In general,
and definition of what constitutes a public space). public policy is embodied in the legalistic rule of
The government has a vision to maintain city the implementation of the state, such as: Law,
order and control the street vendors in public Act (Undang-Undang), Government Regulations
spaces; however, street vendors interpret public (Peraturan Pemerintah), Ministerial Decrees
spaces as strategic locations to conduct their (Keputusan Menteri), Regional Regulations
business. The differences in interpretation have (Peraturan Daerah), Governors Decisions
encouraged the birth of the street vendor (Keputusan Gubernur), Mayor Decisions
movement [11]. It drives the governments of (Keputusan Walikota), and so on. The public
each city to intervene in regulating street vendor policy successful indicator can be seen in Table 1.
activity in public spaces. In order to regulate
street vendors, municipal governments employ Table 1.
various strategies and ordinances to control street Successful public policy indicators [14]
vendors in the urban environment, such as No. Indicators Questions
through licensing requirements, zoning, and Has the desired result been
1 Effectiveness
relocation [10]. achieved?
How far has the results achieved
2 Adequacy
to solved the problem?
A. Public Policy and Its Implementation Are costs and benefits equitably
Public policy is the principle guide for the 3 Equality distributed to different groups of
administrative executive branches of the state people?
with regard to a class of issues, in a manner Do the policy outcomes be the
4 Responsiveness preference of the target group
consistent with law and institutional customs. In and can satisfy them?
other words, public policy is what the Are the results of the policy
5 Accuracy
government chooses to do and not to do beneficial to the target group?
inmanaging and regulating public affairs. Public
policy also defined as a “standing decision” From Table 1, it can be inferred that the street
characterized by behavioural consistency and vendor policy in Yogyakarta is a study to
repetitiveness on those who make it and abide by understand the successful of public policy,
it [12]. In Public Policy, Howlett and Ramesh explain the reality of the policy, the
argue that this approach does not suitable with implementation results, and the relationship
the wealth of empirical studies pointing different patterns among variables that influence it.
set of factors responsible for general patterns of Furthermore, this study also looked at the
policy making. Public policy making often compliance of the actors involved, namely
4 Pambudi / Journal of Southwest Jiaotong University / Vol.55 No.3 June 2020
government (bureaucracy) and the community as policy, researchers seldom to explain about how
the target group of the street vendor regulation much impact they have. Deductive logic in the
policy in accordance with the standards set by the literature review matches and correct when
policy. In addition, our study also looked whether applied in empirical contexts policy regulation of
the policy’simplementation is felt by the target street vendors on field research.
group directly or indirectly as intended by policy
makers. Indirect target groups can be socio- III. RESEARCH METHOD
economic consequences of policies perceived to This paper uses Descriptive-Qualitative
be beneficial to society. Analysis Methods and Content Analysis related to
It is known that the successful of public policy the public policy implemented by the government
indicators are defined as: (1) the success in Yogyakarta during 2017. Descriptive
implementation of the norms contained [16], [17], qualitative analysis is carried out in order to
[18], [19]. The success implementation of policy describe the facts, conditions, or symptoms that
is determined by two variables, namely, content appear so that it can describe all the symptoms
of policy and context of policy. and circumstances that exist in accordance with
the actual situation at the time the research was
Table 2.
Policy variables content [16]
conducted. Descriptive-Qualitative Analysis is
inductively and deductively done alternately for
Larson (1980) Van Horn Mazmanian & building conceptual model which reflected
(1975) Sabatier (1983) hidden phenomenon that fragmented previously.
1. Vague 1. Clarity 1. Precision and Meanwhile the deductive Content Analysis is
2. Unrealistic 2. The clarity of the used to discuss formal regulation that has
goal contradiction target developed on the basis of a theory reviewed.
between 2. Theory of Content analysis is used to obtain information
policy studs causal or causal
(initial policy) relationships
from communications delivered in the form of
and target used symbol that can be documented. This analysis
(goals) can be used to analyse all forms of
3. SOP communications, such as newspaper, book,
(standard
movie, and et cetera. By using this analysis
operating
procedure) method, an understanding of the various contents
of the communication message delivered by mass
Table 3.
media or from other sources can be obtained
Policy variables context [16] objectively, systematically, and relevantly.
The data were collected by extensive
Larson Edward (1980) Mazmanian & observations, interviews, and research of relevant
(1980) Sabatier (1983) documents. The data collection process involved
Changes in Communication, 1. Variation students that were enrolled in Implementation of
the transition and law Public Policy classes in the Public
economic clarity 2. The Administration department of Social Science
environment consistency attention of the
mass media
faculty at Universitas Negeri Yogyakarta
3. Public (Yogyakarta State University). The research
support method employed qualitative data collection.
4. The Analysis strategies are open-ended and
amount of support
exploratory, as suggested by [21]. The
and resources
5. Support exploratory questions are typically used for
of the "ruler" qualitative inquiry when: (a) there is little
knowledge in a particular research area; (b)
The creation process of public policy that existing research is confusing, contradictory, or
emerged the policy content is determined by stagnant; or (c) the topic is highly complex. The
many factors. According to [20], there are 4 questions meet the aims of exploratory questions
factors that most strongly and most often as mentioned [22]:
influence it: (1) public opinion, (2) interest 1. Definitional: What is the nature of this
groups, (3) the intervention of political parties, phenomenon? What are its defining features?
and (4) other factors. The public interest has the 2. Descriptive: What kinds or varieties does
greatest impact than the other variables, but it is the phenomenon appear in? What aspects does it
difficult to measure. When variables do influence have?
5
3. Interpretive: Why does this phenomenon government reluctantly supports the development
occur? How does it happen over the time? of street vendor businesses. Many kinds of street
4. Critical/action: What is wrong (or right) vendors have developed organically without
about the phenomenon? How can it be made regulation, such as culinary; souvenir; book and
better? magazine; automotive maintenance, and other
5. Deconstruction: What assumptions are vendors.
made in this research? Whose social or political There is no regulatory policy that specifically
interests are served? regulates street vendor activities. (3) Placement
of specific or similar goods of street vendor
IV. RESULT AND DISCUSSION locations have been sufficient to date, but others
The results of this study indicate that: (1) The are less coordinated and not included in
central government had formally regulated street government programs, such as tourism programs
vendor policies, such as acts (Undang-Undang), and facility building programs (for disabilities).
government regulations (Peraturan Pemerintah), People are empowered by becoming street
presidential decrees (Peraturan Presiden), and vendors, improving urban aesthetics, and making
regulations from the Minister of Home Affairs. Yogyakarta a student-friendly city.
All of these regulations are ineffective due to Policy makers are not facilitating the
lack of policy statutes. Some policies are too entrepreneurial spirit of street vendors. (4)
brief, and few mention street vendors as Regulating competition among street vendors has
economic agents with a high level of not been a government priority in supporting
entrepreneurial spirit. Some policies are too economic empowerment. (5) The licensing rules
detailed to implement nationally. Therefore, these as stipulated in the Mayor's Decree of
policies shackle local knowledge and thus create Yogyakarta are not executed in accordance with
subordinate damage. This centralized street the provisions. Evaluation of the implementation
vendor arrangement format reduces the local of these licensing rules has not achieved the best
government's autonomy to solve specific results. Some street vendors cannot implement
problems in their respective areas – including the these because of the combination of several
Yogyakarta district area and its surroundings – of factors, namely the demand for life of street
which street vendors are its trademark. vendors, non-financial "costs" that must be spent,
Empirically, the government's concern is and the lack of knowledge of the substance of the
insufficient for street vendors that sell many policy that manage the street vendors. The result
goods. of this research is feasible to be used as the basic
From the government’s point of view, street academic script to review and rearrange these
vendors and their merchandise are considered the policies, or create an integrated strategy on the
same while in reality, street vendors and their implementation of these street vendor policies.
merchandise have distinct characteristics. The
Table 4.
Resume of street vendor policies
No. Policy Content of policy Implication
Central Government Policy
1. Act No. 20 of 2008 - Just mention the existence of The street vendors do not receive same
concerning Micro, Small street vendors at a glance treatment of government as received by
and Medium Enterprises - Street vendors are not MSME
(UU No. 20 Tahun 2008 entering as part of micro, small and
tentang Usaha Mikro, Kecil, medium enterprises (MSME)
dan Menengah)
2. Law No. 11 of 2009 The term of street vendor is unknown The term of street vendor is unrecognized
concerning Social Welfare in this Act in the body of the Central Government act,
(UU Nomor 11 Tahun 2009 but it is recognized in the implementation
tentang Kesejahteraan rules (PP). It means an inconsistency item.
Sosial) In the implementation rules (PP), street
vendor as a target group of social
empowerment program, not an economic
empowerment program.
3. Government Regulation No. - As Implementation rule - It can be interpreted that the street
39 of 2012 concerning - Just mention the street vendors are included as persons with social
Implementation of Social vendors at a glance problems.
Welfare - Street vendor as a target - Equal to other people with social
(Peraturan Pemerintah No. group of empowering social program. problems, such as poverty, neglect,
6 Pambudi / Journal of Southwest Jiaotong University / Vol.55 No.3 June 2020
39 tahun 2012 tentang There was no pressure in economic disability, and so on. So the type of
Penyelenggaraan empowerment. coaching is not economic coaching but
Kesejahteraan Sosial) social coaching.
- The applied policy types tend to
be policies with distributive formats – not
regulative and empowerment and
facilitating of entrepreneurial spirit of the
street vendor.
- The government is pessimistic
and does not take advantage of the potential
revenue of the state (taxes) and exploits it
for other purposes, such as the distributor of
government school instructional texts,
authorized distributors of Official
Document, as filters of pirated manuscripts,
plagiarism, etc.
4. Presidential Regulation No. - Issued later or 6 months after - Violate legal order so that its
125 of 2012 concerning Ministerial Regulation No. 41/ 2012. legitimacy is questioned.
Coordinating the - The content of this regulation - What is the urgency of this
Arrangement and is not only the direction of provision in the Presidential Regulation
Empowerment of Street coordination, but also in the form of made?
Vendors detailed (specific) provisions that are
(Peraturan Presiden Nomor binding nationally.
125 tahun 2012 tentang Implications:
Koordinasi Penataan dan 1. This regulation material
Pemberdayaan Pedagang reduces the right of regional autonomy.
Kaki Lima) 2. Since the empirical problems
in the field are distinctive or specific
and different between regions, this
Presidential Regulation becomes
ineffective.
3. Regulation of the Minister - The regulation is too specific
of Home Affairs No. 41 of and detail
2012 concerning - This regulation material
Arrangement and reduces the right of regional autonomy.
Empowerment of Street - Since the empirical problems
Vendors in the field are distinctive or specific
(Peraturan Menteri Dalam and different between regions, this
Negeri Nomor 41 Tahun Ministerial Regulation becomes
2012 tentang Penataan dan ineffective.
Pemberdayaan Pedagang
Kaki Lima)
All of the research findings above indicate governments; (2) Central government policies
unfavourable conditions for the empowerment that regulate street vendors are limited, but
and development of the entrepreneurial spirit covered a very large domain up to the national
among street vendors in Yogyakarta and the level. This centralized arrangement format
surrounding areas. Therefore, public order cannot reduces the autonomy rights of Local
be achieved through the application of the Government to solve specific problem in their
regulation policy. There are many pieces of respective areas; (3) There is wrong and
public policy literature reviewed above. The inconsistent thought. The street vendor problem
research findings are feasible as a basis for is a local issue, not a national issue. Then, why
consideration for rearranging and reorganizing are local public issues resolved nationally by
the street vendors policy for the future. central government regulations? The problem of
street vendors has no domino effect that can
V. CONCLUSION spread to the national level. The greatest effect
The conclusions of the paper are as follows: occurs between adjacent cities or districts, not
(1) The street vendor term is almost unknown in within the scope of inter-provincial or the
the act that must regulate it. It was just mentioned national level. Based on this logic, rules on street
at a glance in the Micro, Small, and Medium vendors by the lowest local government are
Enterprises Act, and it was not included as part of needed; (4) The central government policy to
MSME (micro, small and medium enterprises) govern the street vendors in Indonesia
because it does not grant privilege rights, special (Presidential Regulation No. 125/2012) is too
rights, advantage, or immunity granted by the specific. It results in less effective regulations,
less fit, or less appropriate associated with the
7
[20] BURSTEIN,P.(2018)公共政策的
决定因素:重要和重要。政策研究期刊,
48,第 87-110 页。
[21] POPE , C. , VAN ROYEN , P., 和
BAKER,R.(2002)研究医疗质量的定性
方法。英国医学杂志质量与安全,11(2
),第 148-152 页。
[22] ELLIOTT,R.(2000)心理治疗研究
中的严格:寻找适当的方法。俄亥俄州托
莱多:托莱多大学。
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