PERLINDUNGAN HUKUM BAGI DRIVER YANG MENGALAMI KERUGIAN AKIBAT ORDER FIKTIF PADA LAYANAN GRABFOOD (STUDI DI PT. GRAB INDONESIA KOTA MALANG)

Go-Jek and Grab are the online-based transportation in Indonesi which builded as the impactof information technology and transportation development. One of the features of the Grab application, GrabFood provides services on foods. The fictive orders cases made by not responsible consumers on used GrabFood services causes unilateral losses to the driver. This study discusses the problem about the legal relations of the parties in the electronic agreement of PT. Grab Indonesia and legal protection from PT. Grab Indonesia for drivers who get losses due the fictive orders cases. The research method is sociological juridical approach method that study of the real conditions in the community or community environment. Primary data sources are obtained from research in the field while secondary data and tertiary data are obtained through the study of literature, applicable legislation and the internet. Data analysis using descriptive qualitative. From the research, we can know the legal relations of the parties in the electronic agreement of PT. Grab Indonesia and legal protection of PT. Grab Indonesia for fictive orders cases. It can be concluded that in the electronic agreement of GrabFood application service contains a statement that there are five legal relationships, they are the partnership between PT. Grab Indonesia and driver that conclude based on subsection 1320 of KUHPer and PP No 82 on 2012 , transportation service relationship between driver and the consumers based on subsection 491 of KUHD, application provider relationship between PT. Grab Indonesia as the application developer and consumer as the application user, the partnership between PT. Grab Indonesia and seller that conclude based on subsection 1320 of KUHPer and PP No 82 on 2012, shopping service relationship between seller and driver based on subsection 1456 of KUHPerdata. The preventive legal protection before the occurrence of fictive order cases writen in the agreement clause between the PT. Grab with partners/drivers in the existence of compensation clauses part and the legal protection after cases of fictive orders cases by responsibility from PT. Grab for losses suffered by drivers due to fictive orders cases in the form of compensation to the driver as applied good intentions point and fulfillment obligations in the partnership agreement clauses that have been mutually agreed upon