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MEASURING THE AGREEMENT LEGALITY BETWEEN THE COMPANY OF ONLINE TRANSPORTATION SERVICE PROVIDER AND THEIR DRIVER PARTNERS IN EFFECTUATION OF NON-ROUTE PUBLIC TRANSPORTATION Baco, Syamsuddin; Nokoâ€™e, Nurhayati Sutan; Syamsuddin, Adiesty Septhiany Prihatiningsih
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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The increase of the online transportation practice raises problems from its legal aspects. Even so, the community actually welcomes it as an alternative means of public transportation, which is faster, cheaper and more convenient for the community.This study aims to: (1). Analyze the legal relationship of the online transportation service provider and their driver partners according to Indonesia Transportation Law; and (2) Analyze the validity and legality of the agreement between the company of online transportation service provider and their driver partners and also between the driver partners and their passenger and it relations under Indonesia Traffic Law.This research was conducted using normative legal approach with studies from theoretical, historical, structural and philosophical aspects of laws and regulations. Empirical approach was used to support the normative approach arguments.The results reveals that: (1) Construction of the legal relationship between the online transportation service provider and the drivers is an agency agreement, where the online transportation service provider act as a commercial agent (Agentuur) and the drivers act as the Principal. Therefore, the agreement substance that contained in the terms and conditions in the electronic contract categorized as an agency agreement (Agentuur contract). (2) The legal relation between the company of online transportation service provider and their driver partners and also between the driver partners and the passenger is a violation of Indonesia Traffic Law. Therefore, the legal status is null and void by law and the parties cannot file a lawsuit before the court based on that agreement

Measuring The Legal Consistency of Special Rental Transport Licensing Syamsuddin Baco; Nurhayati Sutan Noko'e; Sulwan Pusadan; Suarlan Datupalinge; Darwati Darwati
Journal Research of Social Science, Economics, and Management Vol. 2 No. 8 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i08.413

Special Rental Transport Arrangements, as one type of transportation of people with public motor vehicles on the road, are a response to the use of information technology as a medium of liaison between transporters and prospective passengers of public motor vehicles. But the arrangement does not place ASK complementary to other types of public transport services. The results showed that there was a different permit treatment between special rental transportation and transportation of people with public motorized vehicles not on other routes. The difference makes it easier for special rental transportation, compared to other types of transportation services. The difference is, first, the requirements for obtaining a license for a special rental transportation operator company, second, the condition that the vehicle must have proof of passing periodic tests, and third, the driver must have a General Driver's License. The norm of PM 118 of 2018 which provides the convenience (privilege) of licensing, is contrary to the norms of UULLAJ, PP Number 74 of 2014, and PM Number 117 of 2018. So that in fact, the norms of PM 118 of 2018 are void and non-binding because they conflict with legal norms that have a higher position, namely the norms of UULLAJ and PP Number 74 of 2014.

Legal Analysis of the Fostering and Supervision of Village Based on the Village Law 2014 Syamsuddin, Adiesty S.P.; Korompot, Ratu Ratna; Jubair , Jubair; Baco, Syamsuddin; Miqat, Nurul
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.84

The position of the village as the lowest autonomous government structure has an essential role in achieving multidimensional national development goals because its management involves all government officials, both at the main and the local level, even at the village level. This study aimed to determine the material normative regulation related to the supervision and guidance of the administration of village governance and to find out the substantive forms of supervision and direction of the administration of village governance that the level of government above can implement. The result of this study was 1) Normative regulation material on the supervision and development of village administration is currently subject to Law Number 6 of 2014 concerning Village Government Regulation of the Republic of Indonesia Number 47 of 2015 concerning Amendment to Government Regulation Number 43 of 2014 concerning Implementation Regulation of Law Number 6 of 2014 concerning Villages, and PP Number 12 of 2017. 2) Substantive forms of supervision and development of village administration that can be carried out by the government level above include the provision of technical guidelines/guidance, appreciation, and guidance in the fields of development planning, finance, and institutional planning.

Measuring The Legal Consistency of Special Rental Transport Licensing Baco, Syamsuddin; Noko'e, Nurhayati Sutan; Pusadan, Sulwan; Datupalinge, Suarlan; Darwati, Darwati
Journal Research of Social Science, Economics, and Management Vol. 2 No. 8 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i08.413

Special Rental Transport Arrangements, as one type of transportation of people with public motor vehicles on the road, are a response to the use of information technology as a medium of liaison between transporters and prospective passengers of public motor vehicles. But the arrangement does not place ASK complementary to other types of public transport services. The results showed that there was a different permit treatment between special rental transportation and transportation of people with public motorized vehicles not on other routes. The difference makes it easier for special rental transportation, compared to other types of transportation services. The difference is, first, the requirements for obtaining a license for a special rental transportation operator company, second, the condition that the vehicle must have proof of passing periodic tests, and third, the driver must have a General Driver's License. The norm of PM 118 of 2018 which provides the convenience (privilege) of licensing, is contrary to the norms of UULLAJ, PP Number 74 of 2014, and PM Number 117 of 2018. So that in fact, the norms of PM 118 of 2018 are void and non-binding because they conflict with legal norms that have a higher position, namely the norms of UULLAJ and PP Number 74 of 2014.

PERUBAHAN KEWENANGAN PENERBITAN IZIN USAHA PERTAMBANGAN (IUP) DALAM PERSPEKTIF KEADILAN LINGKUNGAN Haris Pratama, Moh; Baco, Syamsuddin; Hatta Tampubolon, Mohammad
TADULAKO MASTER LAW JOURNAL Vol 9 No 3 (2025): OCTOBER
Publisher : Universitas Tadulako

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This study analyzes the shift in licensing authority for Mining Business Licenses (MBL) from the perspective of environmental justice, focusing on environmental protection, community participation, and local government rights in natural resource governance. Using a normative juridical approach and a case study in Central Sulawesi, the research reveals that recentralization policies weaken local governments and limit public engagement, especially among indigenous peoples and vulnerable groups. The distancing of licensing processes from local access undermines procedural justice and reinforces corporate dominance. Although environmental regulations exist, their implementation remains weak due to poor coordination and limited enforcement capacity. The consequences include environmental degradation, social conflict, and intergenerational injustice. The study concludes that the current licensing regime undermines the principles of decentralization and public participation and recommends strengthening the role of local governments and ensuring legal protections for community involvement in fair and sustainable mining governance.

PERLINDUNGAN HUKUM BAGI KREDITUR TERHADAP PERJANJIAN KREDIT KONSTRUKSI Fatimah Azzahra, Nur; Baco, Syamsuddin; Zulkarnain, Zulkarnain
TADULAKO MASTER LAW JOURNAL Vol 9 No 3 (2025): OCTOBER
Publisher : Universitas Tadulako

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This development requires financing in the form of construction loans, which are usually facilitated by financial institutions or banks for the implementation of the construction project. The existing regulations in Indonesia must be obeyed and implemented properly, especially for law enforcers, so as to provide legal protection for the community. Therefore, the need for legal protection makes it easy to face a problem related to the law. The creditor agreement process, be it construction credit, is always followed by an agreement and additional guarantees as protection for the bank that the debtor will carry out its achievements according to the agreement. In this study, it is a form of legal protection for creditors that can be provided to creditors in construction credit agreements. The credit given to the debtor is, of course, additional collateral given to the creditor, but the debtor's payment is not sufficient for credit payments, especially construction credit agreements. Construction credit agreements have the peculiarity of involving the object in the form of the implementation of construction projects whose development is long-term and gradual. The cause of the implementation of the construction project is hampered by natural factors and human factors. In addition, creditors' efforts to resolve disputes in construction credit agreements, where it is common for debtors to not agree to the settlement efforts given by creditors, defaults, non-tax collateral values, project delays, etc. The research methodology uses the normative legal research method. The source of the research approach is the legislative approach and the concept approach with primary, secondary, and tertiary sources of legal materials. The results of this study are that legal protection for creditors can be strengthened through creditors paying attention to the terms of credit, the position of additional guarantees, and the need for clearer regulations and legal certainty related to legal protection for creditors in credit agreements between creditors and debtors. In the creditor's efforts to resolve disputes in construction credit agreements, that can be carried out such as by means of negotiation aimed at preventing disputes from developing further and avoiding greater losses for both parties in the settlement of the credit agreement so that civil lawsuits are not filed in the District Court. The results of this research can provide input for the improvement of laws and regulations in the banking world, protection for creditors, and efforts to resolve banking disputes.

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