HUBUNGAN HUKUM ANTARA DRIVER DENGAN PERUSAHAAN BERBASIS APLIKASI STUDI PERBANDINGAN NEGARA INDONESIA DENGAN NEGARA BAGIAN CALIFORNIA AMERIKA SERIKAT
Abstract
PT Applications Karya Anak Bangsa (Gojek) is a Limited Liability Company with a license as a technology company to provide applications but the online motorcycle taxi application is used for transportation services whose regulations for online transportation do not have strong legal certainty. Application companies are not required to provide "workers' rights" to driver partners such as overtime pay, job security, or severance pay if the partnership ends, insurance, and paid leave at the same time the State of California has passed a rule called Assembly Bill 5 where the California State government changed Definition of Partner which basically means that if an employee works regularly for a company and his job is an undeniable part of the company, the employee must be appointed as a permanent employee. The purpose of this study is to find out how the legal relationship between application-based companies and drivers in Indonesia compares. The research approach used is a conceptual and comparative legal approach that uses primary, secondary and tertiary legal materials where data collection techniques are carried out through literature studies and then analyzed using qualitative methods.This study concludes that the difference in the legal relationship between application-based companies and driver partners is due to differences in the legal system where the State of Indonesia adheres to Civil Law tends to take longer to respond to developments in society and the United States which adheres to Common Law where the Judge's Decision as a source of law in the Common Law system can respond quickly to changes in society.
Downloads
References
Asri, W. (2009). Hukum Ketenagakerjaan Pasca Reformasi.
Daliyo, J. . (1995). Pengantar Hukum Indonesia, Buku Panduan Mahasiswa.
H.S, S. dan S. E. (2014). Perkembangan Hukum Kontrak Innominaat di Indonesia.
Mahmud, P. (n.d.). Penelitian Hukum, Edisi Pertama Cetakan Keenam. www.online-pajak.com/seputar-efiling/pajak-notaris
Ridwan, A. H. (1985). Hukum Perdata Dalam Tanya Jawab.
Rosyadi, M. I. (2013). Fungsi Dan Peranan Hakim Dalam Penegakan Hukum Di Indonesia. The Indonesian Journal of Islamic Family Law, 3(1).
Tutik, T. T. (2008). Hukum Perdata dalam Sistem Hukum Nasional. Prenada Media Group.
W, D. B. (2017). Perlindungan Hukum Terhadap Konsumen Gojek (Layanan Transportasi Dengan Aplikasi Online) Dalam Perjanjian Aplikasi Go-Jek Berdasarkan Pasal 1320 Kuhperdata, Surabaya. Justitia Jurnal Hukum Fakultas Hukum Universitas Muhammadiyah Surabaya, 1(2).
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under Creative Commons Attribution 4.0 International License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (Refer to The Effect of Open Access).
