PERJANJIAN ANTARA PENGEMUDI GO-JEKDENGAN PEMILIK PROVIDERGO-JEK (STUDI TERHADAP HAK DAN KEWAJIBAN PARA PIHAK DALAM PERJANJIAN)

Aulia Fikrina, Firdaus Firdaus, Ulfia Hasanah

Abstract


This study discusses the Agreement Between GO-JEK Drivers and GOJEK
Provider Owners (Study of the Rights and Obligations of the Parties in the
Agreement) ". A covenant is an act by which one or more people commit
themselves to one or more other people. Based on Article 1338 of the Civil
Code which reads: "All treaties made legally apply as a law for those who
make them". The agreements cannot be withdrawn other than by the agreement
of the two parties, or for reasons stated by law to be sufficient for that. The
purpose of this thesis is; First, to find out the fulfillment of GO-JEK driver's
rights and obligations with the owner of the GO-JEK provider in a partnership
agreement based on justice; Second, to find out efforts to resolve disputes on
the rights and obligations of the go-jek driver with the go-jek provider in a
partnership agreement based on justice. The type of legal research used by the
writer is normative legal research or library research.
The type of legal research used by the writer is normative legal
research or library research. Normative legal research uses primary data and
secondary data. Data collection techniques in this research is the study of
literature that is the author takes quotes from reading books, literature, or
supporting books that have a relation with the problem to be studied.
From the results of this study the author concluded that the legal
protection of the rights and obligations of GO-JEK drivers with GO-JEK
provider owners based on partnership agreements has not been fully
implemented properly. The contents of the partnership agreement are
unilaterally determined by the obligations of the GO-JEK driver. GO-JEK
Drivers do not have the right to give consideration to the partnership
agreement so that it is not beneficial to the parties, especially GO-JEK
Drivers, not. So that the rights and obligations in the GO-JEK partnership
agreement have not been fulfilled. Settlement of GO-JEK driver's rights and
obligations disputes with the owner of the GO-JEK provider in the first
partnership agreement through consultation and the second through court.
Settlement of disputes through deliberation in practice has not gotten maximum
results so that the parties to the dispute have not got the rights and obligations
proportionally.
Keywords: GO-JEK Driver-Agreement-GO Provider GO-JEK

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