Hubungan Hukum Antara Driver Dengan Perusahaan Berbasis Aplikasi : Studi Perbandingan Negara Indonesia Dengan Negara Bagian California Amerika Serikat

Abstract

PT Aplikasi Karya Anak Bangsa (henceforth Gojek) is a limited company (Ltd.) with a license for a technology firm which provides an application, but the application is used for transportation services despite the fact that so far, the regulations of online transportation have not yet had strong legal certainty. Besides, it is not compulsory for an application-based firm to provide "employee's rights" for partner drivers like overtime fees, job security, or pensions if their professional relationships are over, insurances, social security, and paid leaves while at the same time, the State of California has enacted a law called Assembly Bill 5, through which the government of the State of California has changed the definition of partners, which means if someone regularly works for a company and their work serves as part of the company's core, they should be promoted to be a permanent employee. The problem of this research is how the law in terms of the legal relationship between an application-based firm and its drivers in Indonesia compares with that in the State of California of America. This research employs the method of normative law research and is a descriptive study which concretely portrays or explains the state of an object or a problem without drawing a general conclusion. The approaches underlying this research were conceptual and law comparative approaches which use primary, secondary, and tertiary legal sources. The data collection technique was library research and the data was analyzed using a qualitative method. The results of this research lead to the understanding that the legal position of an application-based firm concerns multiple legal dimensions in Indonesia and the legal relationship of an application-based firm and its partner drivers is partnership, but in reality, such principles of partnership as needing, trusting, strengthening, benefitting each other, and being in equal positions do not properly exist and are characterized by subordination. The difference is also driven by the fact that Indonesia adopts Civil Law, while America adopts Common Law. Indonesia. With its Civil Law, Indonesia tends to take more time to respond to developments in society, while the United States of America, where judges' verdicts are a source of law (as regulated by Common Law), can respond sooner.