Analisis Yuridis Mengenai Legalitas Transportasi Online Dikaitkan Dengan Peraturan Menteri Perhubungan Nomor 12 Tahun 2019

Abstract

This study analyzes the legality of online transportation, particularly online motorcycle taxis, from a legal perspective in Indonesia following the issuance of Minister of Transportation Regulation No. 12 of 2019. The background of this study stems from the discrepancy between online motorcycle taxi practices in the field and the provisions of Law No. 22 of 2009 concerning Road Traffic and Transportation, which does not recognize motorcycles as public transportation. This study uses a normative juridical method with a statutory approach and secondary data sources from legal literature, laws and regulations, and Constitutional Court decisions. The results of the study indicate that although Minister of Transportation Regulation No. 12 of 2019 attempts to provide a legal umbrella for online motorcycle taxi operations, its existence still generates controversy because it conflicts with higher norms and does not change the legal status of motorcycles as public transportation. Therefore, a more comprehensive harmonization of regulations is needed to provide legal certainty and protection for online transportation operators and their service users.