Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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The Legal Status of Information Technology Application Based Transport in Indonesia: Legal or Not?

Authors
Siti Nurbaiti1, *
1Faculty of Law, Universitas Trisakti, Jakarta, Indonesia
*Corresponding author. Email: nurbaiti_05092000@yahoo.com
Corresponding Author
Siti Nurbaiti
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_146How to use a DOI?
Keywords
Information Technology; Legal Status; Transport
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.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_146
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_146How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

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TY  - CONF
AU  - Siti Nurbaiti
PY  - 2023
DA  - 2023/12/31
TI  - The Legal Status of Information Technology Application Based Transport in Indonesia: Legal or Not?
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1433
EP  - 1441
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_146
DO  - 10.2991/978-2-38476-180-7_146
ID  - Nurbaiti2023
ER  -