PERLINDUNGAN HUKUM KLAUSULA EKSONERASI DALAM HUBUNGAN KEMITRAAN ANTARA DRIVER OJEK ONLINE DENGAN PENYEDIA APLIKASI

Abstract

The phenomenon of online transportation has recently been increasingly implemented in various regions, not only in big cities but also in small cities. The aspect of the legal relationship between the application provider and the driver has been determined to be a work partner, but there is a phenomenon that in the formation of a work contract there is an exoneration clause which is detrimental to the driver. The formulation of the problem in this research is how to implement a partnership agreement containing an exoneration clause and what form of legal protection for online motorcycle taxi drivers. This research uses normative juridical research. The result of this research is that the implementation of the partnership agreement for online motorcycle taxi drivers cannot do anything because all the terms and conditions have been determined by the application provider. In addition, prospective online motorcycle taxi drivers also cannot have bargaining options to negotiate with application providers regarding partnership agreements and this form of protection is only repressive, namely filing a lawsuit against online transportation service providers.