Perjanjian sewa menyewa becak (studi implikasi perlindungan hukum terhadap penarik becak di kota Malang)

In developing country, transportation has an important role and very strategic. It can mobile agricultural product and industries through the whole country, either from cities to rural or opposite. In addition, transportation is able to mobile citizens from one place to another temporary or permanently. Indeed, it can make people create closer relationship nationally or international. Discussing about transportation, especially land transportation, we cannot separate it with instrument like The State Regulation No. 41 year 1993 section 1, verse 3, divided land transportation into : (1) motorized vehicle namely vehile operated by technical instrument inside it, and (2) non-motorized vehile namely vehile opereted by human being or animal and one of them is becak. In Malang, becak is one of transportation which is numberless. The becak drivers do not own becak but rent it from the entrepreneur, owing to that, rent agreement happened. This research has been focussed on the rocess of rent agreement which is cover: (1) (the freedom agreement, and balance) of all position, (2) legality, (3) the form, and (4)the content of becak rent agreement. It also covers : (1) the consequence and (2) the protection of law. In this case, normative approach has been used and the instrument to collect data is the researcher himself by doing observation, documentation and interview. We do hope the result of this research able to gave further information to pemerintah kota Malang or it can be used as a consideration in deciding the policy dealing with transportation specifically the rule of becak transportation and Tri Darma implementation dealing with public service. The important fact finding of this research indicates during the process of becak rent agreement there are conditions like : (1) position between enterpreneur and becak driver shows imbalance, namely the becak driver has in eak position comparing with becak enterpreneur, and (2) the rent agreement that they have done, has law defecting because the agreement itself tends to Compulsion for becak driver. However, the becak driver does not raise objections or cancellationand the rent agreement has keep going. The concequence of law toward becak driver indicates less protection. It caused by: (1) the form of agreement has been done unwritten, (2) the content of the agreement has not complete, so that on the running time many problemsexist especially the content and material outside it. The most common problem is who should take responsible or doing service to the damage of the becak. Indeed, to overcome the above case, they chosose a solution like: (1) the entrepeneur will take care of service to the damage of becak caused by none of them. In this case, there are some entrepreneur eho are willing to support the becak driver from 25% to 50%. Suggestions given to: (1) Pemerintah Kota Malang to be more proactive in arranging guiding and counseling, (2) Universitas Merdeka Malang especially the faculty of law to be more proactive doing law illumination for becak driver