PENEGAKKAN HUKUM TERHADAP PENGEMUDI OJEK ONLINE YANG MENGGUNAKAN SMARTPHONE DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN (STUDI KASUS MALANG KOTA)

Law enforcement against traffic violations using smartphones while driving on the roadway is a commitment of the Indonesian National Police. In this modern society, the phenomenon of online-based public transportation has emerged that uses applications on mobile phones as one of the main media for ordering and it accepted by online motorcycle taxi drivers through their smartphones as well. In Article 106 paragraph (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation, there is a prohibition on driving activities other than driving, one of them is using a smartphone when driving. The method that used in this research is empirical juridical and sociological juridical approach. The location of the research was conducted at Polresta Malang City. The types and sources of data in this study are primary and secondary data. The data collection techniques in this study were conducted by means of interviews and literature study. The data analysis technique in this research used descriptive analysis method. The results of the research conducted by the authors show that the first step taken by law enforcement against online motorcycle taxi drivers who use smartphones when driving is socialization. The socialization is carried out as a form of appeal, if there are still violations of online motorcycle taxi drivers, they will be fined immediately. Every law enforcement officer who is carrying out his duties does not always run smoothly, of course there are also various inhibiting factors from law enforcement efforts carried out by the police including internal factors and external factors. This internal factor is based on the concern by police officers to online motorcycle taxi drivers who make a living for their families. External factors arise due to online motorcycle taxi drivers who do not accept because they are fined by the police