| dc.description.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. | en_US |
