Gusti, Madia Amarta (2022) Implementasi Peraturan Mentri Perhubungan Nomor 12 Tahun 2019 Tentang Perlindungan Keselamatan Pengguna Sepeda Motor Yang Digunakan Untuk Kepentingan Masyarakat (studi Pengemudi Gojek Di Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

The improvement of technology encourages the innovation of transportation sector, especially for the provision of efficient and effective transportation services to fulfill the community needs. In Indonesia, ojek as a two-wheeled transportation service considered as alternative public transportation which can transport a person from one place to another in a fast way and at affordable costs. With the development of technology and transportation in this digital era, conventional motorcycle taxi (in Indonesia: ojek konvensional) transformed into online motorcycle taxi (known as ojek online), a transportation service using an online application as the ordering media. The process of transportation on online motorcycle taxi are based on transportation agreement in the form of online contract that applies the legal nature of transportation. The existance of motorcycle as a public transportation used for online motorcycle taxi was approved by the community (de facto). However, the regulation related to online motorcycle taxi in Indonesia are conflicted. Law Number 22 Year 2009 on Traffic and Road (UULLAJ) which was made as a consideration in the making of Minister of Transportation Regulation PM Number 12 Year 2019 (Permenhub 12/2019) then gave a perspective that Permenhub 12/2019 as a legal basis for the legality of motorcycle as a type of public transportation. Meanwhile in Article 47 paragraph 3 of UULLAJ, motorcycles are not classified as a public transportation. This research was conducted to analyze the implementation of transportation law in online motorcycle taxis, as well as the urgency of motorcycle legality as public transportation related to online transportation. This research is a normative law research using statute approach, conceptual approach and case study. The result of this research indicates that the legal nature of transportation such as concensus, reciprocity and periodic services have been fulfilled in the implementation of online motorcycle taxis. While the urgency of the classification of motorcycle as a public transportation is to provide a legal basis for the enactment and implementation of Permenhub 12/2019 related to the implementation of online motorcycle taxis in Indonesia, it also can be used to overcome the rechtvacuum in the development of transportation as a first step to accommodate the legality of online motorcycle taxis.

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