Penegakan Hukum Pidana Mengenai Ambang Batas Tingkat Kebisingan Knalpot Sepeda Motor di Wilayah Hukum Polrestabes Medan (Studi Undang-Undang Nomor 22 Tahun 2009 dan Peraturan Menteri Lingkungan Hidup dan Kehutanan Republik Indonesia Nomor P.56/Menlhk/Setjen/Kum.1/10/2019)

Abstract

This study was motivated by the widespread use of modified exhaust components, including noisy exhausts, which cause annoyance to some members of the community and violate the principles of ethical driving. The noise generated by exhausts that exceed the maximum threshold demonstrates the indifference of users of noisy exhausts to the orderliness of the community and surrounding drivers. The issuance of Law Number 22 of 2009 and Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number P.56/Menlhk/Setjen/Kum.1/10/2019 serves as the basic legal reference regarding the use of exhaust components on motorcycles. The following are some of the issues that will be discussed in this study: 1) How is the use of noisy exhaust pipes regulated under positive law in Indonesia? 2) What concrete steps the Medan City Police (Polrestabes) take in dealing with riders who use noisy exhausts based on Law Number 22 of 2009 and Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number P.56/Menlhk/Setjen/Kum.1/10/2019; and 3) What are the obstacles faced by the Medan City Police Traffic Unit in disciplining users of two-wheeled vehicles with noisy exhaust pipes? This study uses a descriptive empirical juridical method with a legislative and case approach. This study uses primary data obtained from the Medan City Police Traffic Unit (Satlantas) of the Medan Police Headquarters and secondary data derived from primary, secondary, and tertiary legal materials. The data analysis method used in this study is qualitative analysis. The results of this study indicate that although basic regulations regarding noise limits for motorcycles and prohibitions on excessive noise already exist, the absence of regulations providing guidance on the enforcement of traffic violations related to noisy exhaust pipes causes problems for both the Traffic Police and motorcycle riders.