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Journal : International Journal of Islamic Education, Research and Multiculturalism (IJIERM)

Legal Relationship Between Platform Service Providers and Online Transportation Driver as Gig Workers (Platform Workers) Hadiati, Dian; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.276

Abstract

This research aims to determine the classification of legal relationships between platform service providers and online transportation drivers as gig workers (platform workers). The choice of theme is motivated by the fact that so far the legal relationship that occurs between platform service providers and online transportation drivers is a partnership relationship, but the partnership relationship that occurs does not implement the principles of partnership in its implementation in the business world. This partnership cooperation relationship is not regulated in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises or the Indonesian labour law because the Indonesian labour law only recognizes working relationships, while in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises because the original intent of the partnership in Law No.20/2008 is very different from the partnership relationship that is currently happening between platform service providers and online transportation drivers. Then the writing of this paper uses a normative juridical method with a statutory approach and an analytical approach. The legal material obtained by the author will be analyzed using descriptive analytical analysis techniques, namely a method of analyzing legal material by determining the content or meaning of legal rules in terms of partnership cooperation relationships, as well as the Civil Code. From the results of research with the above methods, the classification of legal relationships between platform service providers and online transportation drivers as gig workers (platform workers) is classified as a partnership relationship based on the Subordinate union of partnership, namely a partnership based on the merger of two or more parties that are subordinately related
Legal Certainity of The Probationary Period Regulation For Employees of Regional Water Company ratnawati; Abdul Rachmad Budiono; Hamidi Masykur
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.289

Abstract

The legal conflict regarding the probationary period between the Employment Law and the Ministry of Home Affairs Regulation concerns the regulation of the probationary period, where the Employment Law stipulates that the probationary period should not exceed 3 (three) months. However, the Ministry of Home Affairs Regulation states a minimum of 3 months and a maximum of 6 months for the probationary period. Based on this, the research question of this paper is formulated as follows: What are the provisions of the Probationary Period in Article 33 Paragraph (2) of the Minister of Home Affairs Regulation on the Organization and Personnel of Regional Drinking Water Companies in terms of the Principle of Legal Certainty? The writing of this paper uses a normative juridical method with the Statue Approach and Analytical Approach. In analysing this research, several theories are employed, including the theory of legal certainty, the theory of norm hierarchy, and the theory of norm conflict. The researcher obtains answers to the existing problems by analysing the legal certainty of the probationary period regulation. In terms of the theory of legal certainty by Jan Michiel Otto, it aligns with Lord Lyod's opinion on the meaning of legal certainty, which is consistent, stable, and clear. The regulation in Article 33 Paragraph (2) of the Ministry of Home Affairs Regulation does not meet the principle of legal certainty. While the regulation in the Ministry of Home Affairs Regulation in Article 33 Paragraph (2) is consistent and clear, it lacks consistency. This is because the regulation should comply with labour laws where the maximum probationary period is 3 months, while in the Ministry of Home Affairs Regulation, the probationary period is a minimum of 3 months and a maximum of 6 months.