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All Journal Biokultur Journal of Law and Legal Reform
Elkhashab, Noureldin Samy
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Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Riding the Wave of Innovation: A Qualitative Analysis of Public Transport Drivers' Adaptation to Online-Based Transportation Services Romadhona, Mochamad Kevin; Oktafenanda, Rachmat Dimas; Kim, Seokkyu; Elkhashab, Noureldin Samy
Biokultur Vol. 13 No. 1 (2024): Transformations and Social Resistants in Indonesia
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/bk.v13i1.54162

Abstract

Transportation Moda growing with various innovations created by people who see business opportunities. Online application-based transportation makes it easier for people to order vehicles to reach their destinations. Such as Go-jek with motorcycle taxi services for two-wheeled vehicles that will take passengers anywhere according to regional boundaries, go-food services or ordering food, and go-car to take passengers with four-wheeled vehicles or cars. This study uses qualitative research methods by looking at reality not only in one meaning. Qualitative research in general can be used for research on people's lives, history, behavior, organizational functionalization, social activities, and others. The result of this study is that the survival mechanism among public transport drivers is by way of debt and maximizing the income earned.
Can Indonesia’s Laws Keep Up? Protecting Consumer Rights in Digital Transactions Subagyono, Bambang Sugeng Ariadi; Romadhona, Mochamad Kevin; Chumaida, Zahry Vandawati; Suheryadi, Bambang; Elkhashab, Noureldin Samy
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4202

Abstract

This research examines dispute settlement mechanisms within the framework of Indonesia's consumer protection laws and the Electronic Information and Transaction Law (ITE Law). Utilizing a normative legal methodology, the study analyzes relevant legal principles and doctrines, particularly focusing on Law No. 8 of 1999 on Consumer Protection and the Civil Code. The key findings of the study are twofold. First, it identifies that corporate entities bear responsibility for consumer losses under both the Consumer Protection Law and the ITE Law, which provides a legal structure for resolving disputes related to electronic transactions. However, the research also reveals a critical distinction: disputes arising from online purchases generally fall under the ITE Law, rather than the Consumer Protection Law. Second, the study highlights the challenge of interpreting the term "consumer" within the Consumer Protection Law, which explicitly refers to the final beneficiary of a product or service. This definition creates ambiguity in cases involving intermediaries or non-end consumers in online transactions. The study's contribution lies in its identification of a legal gap in the current regulatory framework. It suggests that the Consumer Protection Law may require revision to better address the complexities of modern e-commerce, particularly in distinguishing between end consumers and non-end consumers. By doing so, the research provides a foundation for future legal reforms aimed at improving the protection of consumers in the digital marketplace.
Co-Authors Bambang Sugeng Ariadi Subagyono Kim, Seokkyu Oktafenanda, Rachmat Dimas Romadhona, Mochamad Kevin Suheryadi, Bambang Zahry Vandawati Chumaida