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All Journal Tadulako Law Review Amsir Law Jurnal (ALJ) Journal Research of Social Science, Economics, and Management
Syamsuddin Baco
Faculty Of Law, Tadulako University, Palu, Indonesia.
Environmental Science Law, Crime, Criminology & Criminal Justice

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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; Noko’e, Nurhayati Sutan; Syamsuddin, Adiesty Septhiany Prihatiningsih
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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Abstract

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

Abstract

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

Abstract

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.
Co-Authors Darwati Darwati JUBAIR, JUBAIR Noko’e, Nurhayati Sutan Nurhayati Sutan Noko'e Nurul Miqat Ratu Ratna Korompot Suarlan Datupalinge Sulwan Pusadan Syamsuddin, Adiesty Septhiany Prihatiningsih