PERLINDUNGAN HUKUM PENGEMUDI OJEK ONLINE PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 41/PUU-XVI/2018

Marita Putri Lestari, Eno (2019) PERLINDUNGAN HUKUM PENGEMUDI OJEK ONLINE PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 41/PUU-XVI/2018. Undergraduate thesis, Universitas Muhammadiyah Jember.

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Abstract

This study describes that Legal Protection of Online Ojek Drivers After the
Decision of the Constitutional Court No.41 / PUU-XVI / 2018. Starting from the
submission of Material Test Article 47 paragraph (3) of Law Number 22 of 2009
carried out by online motorcycle taxi drivers to the Constitutional Court regarding
the status and legal position of online motorcycle taxis as passenger vehicles, the
Constitutional Court (MK) rejected the application because it considered
motorcycles not as a safe vehicle for public transportation. For this condition, it
creates legal uncertainty for Ojek Online drivers, so the government issued the
Minister of Transportation Regulation of the Republic of Indonesia Number 12
Ministerial Regulation Year 2019 motorbikes are referred to as vehicles used for the
benefit of the public
Research method that used as normative juridical research, using the method
of legislative approach and conceptual approach. With primary and secondary legal
materials, both applicable legislation and legal literature in the field of
transportation, especially the protection of online motorcycle taxi law.
The conclusion of this study is First, Ojek Online does not conclude on
passenger vehicles according to Law Number 22 Year 2009 concerning Road Traffic
and Transportation and Decision of the Constitutional Court No. 41 / PUU-XVI /
2018, but based on the Regulation of the Minister of Transportation of the Republic
of Indonesia Number PM 12 Year 2019 motorbikes are referred to as vehicles used
for the benefit of the community. Second, the legal protection of online motorcycle
taxi drivers after the decision of the Constitutional Court No. 41 / PUU-XVI / 2018
is the constitutional recognition of economic rights and the right to obtain decent
work for every individual who acts as the subject of human rights, and has been
guaranteed in the Regulation of the Minister of Transportation of the Republic of
Indonesia Number PM 12 of 2019 namely certainty in obtaining compensation in the
event of an accident and certainty of obtaining employment social security
protection in accordance with statutory provisions.

Contribution

Nama Dosen Pembimbing

NIDN/NIDK

UNSPECIFIED

suryokencono, pramukhtiko

nidn#

Item Type:	Thesis (Undergraduate)
Subjects:	300 Social Science > 340 Law
Divisions:	Faculty of Law > Department of Law Science (S1)
Depositing User:	rahma wahyu ningsih | ningsihrahmawahyu@gmail.com
Date Deposited:	01 Oct 2020 03:06
Last Modified:	01 Oct 2020 03:06
URI:	http://repository.unmuhjember.ac.id/id/eprint/5982

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