PERLINDUNGAN HUKUM TERHADAP ANAK PENGGUNA SEPEDA LISTRIK DI KOTA TANGERANG DITINJAU MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 DAN PERMENHUB NOMOR 45 TAHUN 2020

Abstract

The phenomenon of the use of electric bicycles on the highway by underage children has become an increasing trend in Tangerang City, but on the other hand, this poses a significant traffic safety risk. This study aims to analyse the legal regulations regarding the use of electric bicycles in Tangerang City; 2) to determine and analyse the legal protection for children who use electric bicycles in Tangerang City; and 3) to determine and analyse the legal consequences for children who use electric bicycles in the event of an accident. This research is normative and juridical, based on library data and field research on primary and secondary data conducted qualitatively. Based on the results of the study, the following conclusions were obtained: 1) Regulation of the Minister of Transportation Number 45 of 2020 classifies electric bicycles as certain vehicles with electric motors and stipulates a minimum age for users, while in the traffic law there is no classification of electric bicycles. 2) Legal protection for children who use electric bicycles in Tangerang City is in the form of preventive protection by conducting socialisation so that children do not use electric bicycles on the highway. 3) In the event of an accident involving an electric bicycle, the user's legal responsibility is more directed towards civil law, with parents as the party responsible for the child's actions. On the other hand, criminal aspects are subject to the provisions of the Child Protection and Child Protection Law, with a developmental approach. This study suggests that Law Number 22 of 2009 should be revised to explicitly regulate electric bicycles, thereby preventing a legal vacuum.

Keywords: Electric Bicycles, Legal Regulations, Minister of Transportation Regulation No. 45 of 2020, Legal Protection, Child Users, Law Number 22 of 2009.