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City Backs Ruling Making Parking Operators Liable for Stolen Cars
Dofa Fasila, Setya Adi & Ulma Haryanto | July 28, 2010

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Jakarta. The Jakarta administration will abide by a landmark Supreme Court ruling that obliges parking operators to assume liability for vehicles parked in areas they manage, Governor Fauzi Bowo said on Tuesday.

“We agree with and support the ruling. I believe that parking lot managers are supposed to be responsible for all vehicles parked in their lots,” Fauzi said.

The Supreme Court recently ruled in favor of Anny R Gultom, who had sued private parking management firm PT Sekurindo Pakatama Indonesia, also known as Secure Parking, for failing to compensate her after her Toyota Kijang van was stolen from a parking lot managed by the company in Mangga Dua Mall, West Jakarta, in March 2000.

The Supreme Court decision upheld rulings by two lower courts.

“The verdict will encourage parking lot operators to increase security in their parking areas,” Fauzi said. “I agree that the gubernatorial decree on parking lots [should] be revised, not only regarding its contents but also the rate” structure.

He said the gubernatorial decree on parking rates would be revised to include insurance packages to cover lost vehicles.

Toni Tjuatja, Secure Parking’s head of corporate affairs, told the Jakarta Globe that he had not yet read the Supreme Court ruling, and added that he “always thought that the case had already been closed.”

Udar Pristono, the head of the Jakarta Transportation Office, which also manages parking, said that parking rates should also be made to include a component tied to an insurance package.

“It would cost the regional government too much if compensation for lost vehicles had to be included in the regional budget,” Udar said.

Eddi A, the head of the Surabaya Transportation Office, said his city’s parking fees already included an insurance component for lost vehicles.

A 2009 city bylaw on parking also provides that owners can receive compensation for lost vehicles, although not for 100 percent of the value, Eddi added, according to online news portal Detik.

William Yani, a Jakarta city councilor, said he supported the court decision.

“If customers are obliged to pay parking fees, they should also be entitled to a guarantee that they will receive compensation for lost vehicles,” he said.

William said the City Council and the city administration would soon discuss a draft on a new bylaw on insurance, vehicle compensation and parking rates.

Andri Tristianto Sutrisna, the Supreme Court’s public relations head, said the decision was final and binding.

“Private parking operators or the government must be liable for any financial loss incurred from theft,” Andri said. “Therefore, regional governments should revise any bylaws they have on parking.”