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Journal : Indonesian Journal of Multidisciplinary Science

Affirmation of the rights and obligations of couriers in cash on delivery marketplace transactions Ferynando, Hamka; Suryandari, Wieke Dewi; Tohari, Mohamad
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1027

Abstract

The Cash on Delivery (COD) payment scheme in Indonesia has become a popular choice in e-commerce, offering convenience and trust to consumers, particularly those without access to digital banking services. However, this scheme presents significant challenges, particularly for couriers who bear the brunt of operational and financial risks. Despite their role as intermediaries, couriers face unfair expectations, including bearing the costs of unpaid goods or managing buyer dissatisfaction over product non-conformity. This research examines the rights and obligations of couriers in COD transactions through a normative legal and case study approach. The findings reveal systemic gaps in legal protections and a lack of clear regulatory frameworks to safeguard couriers' rights, compounded by unfair corporate policies and limited awareness among couriers regarding their legal boundaries. To mitigate these challenges, the study recommends developing comprehensive legal frameworks, promoting good faith among transaction parties, and exploring innovative solutions such as integrating technology to enhance transparency and accountability. This study contributes to the legal and e-commerce fields by proposing actionable solutions to protect couriers while fostering a sustainable COD ecosystem. Future research should focus on comparative studies of international practices, the psychological impact on couriers, and alternative payment systems to address the inherent risks in COD transactions.
Strengthening legal certainty in the construction sector through the reconstruction of criminal sanctions for building failures Nasirin, Khoirun; Zaini, Naya Amin; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1029

Abstract

The construction sector is vital for Indonesia's national economic development and infrastructure growth, serving as a foundation for public welfare and the built environment. However, the legal framework governing this sector faces significant challenges, particularly in addressing building failures and their associated accountability. The absence of clear definitions and specific criminal sanctions in Law No. 2 of 2017 on Construction Services creates legal uncertainty, undermining both accountability and enforcement mechanisms. This study analyzes regulatory gaps, focusing on weaknesses in existing legal provisions related to construction failures and exploring avenues for reconstructing criminal sanctions to enhance legal certainty and justice. Utilizing a normative juridical research method, the study identifies the ambiguity in defining construction failures and the lack of proportional sanctions as critical barriers to ensuring compliance, safety, and quality standards in the industry. The findings highlight the necessity for legislative reforms to provide a comprehensive definition of construction failure, establish proportional criminal sanctions, and implement effective dispute resolution mechanisms. Such measures aim to strengthen legal protections, foster industry accountability, and promote safer and higher-quality construction practices, contributing to the advancement of Indonesia’s construction sector and public interest.
Reorientation of regulation to accommodate the status of online driver workers Christiyono, Thomas Carlo; Tohari, Mohamad; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1030

Abstract

The gig economy, marked by the rise of digital platforms such as ride-hailing services, has transformed labor relationships, challenging traditional employment regulations. This study examines the legal ambiguity surrounding the employment status of online motorcycle taxi drivers in Indonesia, focusing on the elements of work, wages, and command that align with employment relationships yet remain categorized as partnerships. The lack of regulatory clarity undermines drivers’ access to essential rights such as fair wages, social security, and health protections, exacerbating power imbalances and exposing them to exploitation. This research employs a normative legal method to analyze the regulatory gaps in existing labor laws and proposes a reorientation of regulations to better accommodate online drivers’ status and protect their rights. Findings highlight the need for clear legal definitions, limits on freedom of contract, and regulatory frameworks that ensure drivers’ participation in policy-making. By recognizing drivers as workers, this study advocates for a fairer, more sustainable labor framework, enhancing legal certainty and fostering trust in the digital transportation industry. Future research is suggested to explore comparative worker classification models, the economic impact of worker recognition, and the role of technology in mitigating power imbalances between drivers and platforms.