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Journal : Lentera Hukum

Pemenuhan Hak atas Informasi Publik sebagai Tanggung Jawab Negara dalam Mewujudkan Good Governance Adam Muhshi
Lentera Hukum Vol 5 No 1 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i1.7284

Abstract

There are two legal issues proposed in this study, inter alia, the nature of the right to public information and state's responsibility for the fulfillment of the right to public information. This study uses legal research with statute and conceptual approaches. The results of this study shows that the right to public information becomes part of the human rights as guaranteed by the 1945 Constitution. Public information has become a logical consequence of the obligation of the state to account for the implementation of its government to the citizens as its main purpose is to ensure the accountability and credibility of public institutions through the provision of information and documents at the public request so that the principle of information disclosure is one component in the realization of good governance. As a constitutional right of citizens, it also shows that ‘a contrario’ the fulfillment of public information is the responsibility of the state. According to this view, the fulfillment of the right to public information is not only related to obligations, but the content must be true and provided openly and honestly. It concludes that the fulfillment of public information conducted openly and honestly will contribute to an attempt to realize good governance Keywords: Human Rights, Public Information, Good Governance
Perlindungan Hukum Mitra Ojek Daring di Indonesia Mawanda, M Kharis; Muhshi, Adam
Lentera Hukum Vol 6 No 1 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i1.9203

Abstract

As one of the countries with the highest population density in the world, the opportunity to work in Indonesia is not directly proportional to its population density so that the number of unemployed is still relatively high. The development of technology has entered in business and it is seen as an alternative with its emergence of the online transportation service providers such as Go-Jek. In the case of partnership agreements used by partners with Go-Jek, partners as parties that have weak bargaining power while Go-Jek has strong bargaining power. From a legal standpoint, the main problem is the absence of legislation that clearly regulates online motorcycle taxis and partnership agreements between partners and Go-Jek. Therefore, it is necessary to analyze the online motorcycle taxi, and the legal protection aspects against partners based on partnership agreements and legal remedies in the event of a dispute in the implementation of the partnership agreement. With doctrinal research, this article argues that the partnership agreement is an agreement on innominaat so that in its implementation it should not conflict with the laws and regulations on it. The results of the study indicate that online motorcycle taxis have not yet been regulated in Indonesian laws and regulations, the partnership agreement has not provided legal protection for partners and in the event of a dispute, there can be legal action in accordance with the partnership agreement clause. Keywords: Legal Protection, Partnership Agreement, Online Taxi.