Justice Principles and Balance of Interests of Online and Conventional Taxi Business Competition in Indonesia
- April 25, 2019
- Posted by: RSIS
- Category: Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue IV, April 2019 | ISSN 2454–6186
Dwi Eka Putriani1, Adi Sulistiyono2, Emmy Latifah3
1,2,3Law Department, Sebelas Maret University, Indonesia
Abstract—Justice is the ideal of law which is the basic right of every human being that must be realized in all aspects of life. One of them is business competition. The justice in business competition actualized in the principle of economic democracy basically makes public welfare the goal to be achieved. However, it has not been felt by conventional taxi industrialists because of the presence of online taxis that determine tariffs lower than those of conventional taxi so that many conventional taxi users begin to switch to online taxis resulting in a decrease in conventional taxi companies’ turnovers. According to justice theory proposed by Aristotle, Roscoe Pound, and John Rawls, using document study method with legal analysis, it was found that Minister of Transportation Regulation No. 118 of 2018 issued by the Minister of Transportation of Indonesia is a manifestation of justice and balance of interests between online and conventional taxis in Indonesia. In the Minister of Transportation Regulation, the upper and lower limit tariff determination is the solution to the problem of non-significant tariff differences between online and conventional taxis. In addition, the regulation of operational terms and conditions in Minister of Transportation Regulation No. 118 of 2018 is intended to equal the rights and obligations of business people so that they can create a healthy business environment among them.
Keywords—Justice principles, balance of interests, business competition, online taxis, conventional taxis.
I. INTRODUCTION
Justice is the ideal of law, a fight for humanity evolving in accordance with time and space rhythms. It will never stop and still continue yesterday or tomorrow until humans no longer move. Justice has universal moral values, which are human rights and basic needs throughout the world. The moral values of justice must be realized on all fronts of life. Every human product must contain the values of justice as unjust behaviour and products will actually give birth to imbalances and inconsistencies that result in damage. Justice must be realized in order to be able to interpret legal supremacy, eliminate legal impartiality, and remain in justice entities.
