THE LEGAL STATUS OF INFORMATION TECHNOLOGY APPLICATION-BASED TRANSPORT IN INDONESIA: LEGAL OR NOT?
Siti Nurbaiti

Faculty of Law, Universitas Trisakti

Abstract

The existence of public transportation using digital information applications causing beneficial for users of transportation services and is important to facilitate the mobility of passengers or goods, but still raises problems regarding the legal status of its existence, whether it is legally valid or not as public transportation in the perspective of Indonesia regulations. The purpose of this study is to describe the legal status of the existence of transportation based on information technology applications in Indonesia. The method used in this study is descriptive normative research based on secondary data which is analyzed qualitatively by deductive conclusions. The results of the study illustrate that the legal status of the existence of information technology application-based transportation as stipulated in Law No. 22 of 2009 on Traffic and Road Transportation does not qualify such transportation as public transportation. This has been specified in Article 1 point (10) in conjunction with Article 1 point (21) in conjunction with Article 138 paragraph (3 ) in conjunction with Article 139 paragraph (4) of the Law no. 22 of 2009, juncto Article 36, Article 37, Article 38 of the Ministry of Transportation Regulation No. 108 of 2017. It can be concluded that the information technology application-based transportation does not fulfill the requirements for the validity of the agreement as stipulated in Article 1320 of the Indonesia Civil Code, and contrary to Article 1339 of the Indonesia Civil Code and also the Law No. 22 of 2009 on the Traffic and Road Transportation.

Keywords: information technology- legal status- transport.

Topic: Law on Transportation