Abstract
Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.
Highlights
Transportation is a derived demand caused by economic activities, social activities, and so on
The development of online-based transportation business in Indonesia is based on the protection of the rights of all Indonesian citizens to express their opinion, as emphasized in Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which emphasizes that everyone has the right to freedom of association, assembly, and issue opinions
The purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers
Summary
Transportation is a derived demand caused by economic activities, social activities, and so on. The development of online-based transportation business in Indonesia is based on the protection of the rights of all Indonesian citizens to express their opinion, as emphasized in Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which emphasizes that everyone has the right to freedom of association, assembly, and issue opinions. With this freedom in Indonesia, a phenomenal business idea emerged due to technological advances combined with the thoughts of the nation's children, namely the presence of online-based transportation service providers which are penetrating rapidly and being utilized by the Indonesian people. National regulations often lead to legal problems between conventional transportation and online transportation as well as with other parties
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