PERJANJIAN KEMITRAAN ANTARA PT. GO-JEK CABANG CIREBON DENGAN MITRA PENGENDARA DALAM PRESPEKTIF HUKUM ISLAM DAN HUKUM PERDATA

Published: 02-05-2020| Version 1 | DOI: 10.17632/jyxvvct956.1
Contributor:
Abdul Aziz

Description

This study aims to find out and analyze how the practice of this partnership agreement is seen from Islamic law and Civil law. The method used in this study is Normative Juridical and qualitative research approaches. Data collected is from observation, interviews, and literature study. The results of this study. 1) In terms of Islamic law, the implementation of the partnership agreement between PT. Go-Jek Indonesia with the rider's partner, Akad Syirkah, contained in DSN Fatwa Number 114 / DSN-MUI / IX / 2017 concerning Syirkah Agreement. This agreement is also included in Syirkah Inan. Whereas 2) in terms of Civil Law, this Go-Jek partnership agreement is by Article 1313 of the Civil Code because all of the terms of the agreement contained in the Civil Code Article 1320. This agreement also does not conflict with the principle of freedom of contract, because an agreement has been reached with the signing and Click agree on the Go-Jek application by Rider Partners, so this agreement is legal and binding on both parties. And must exercise their rights and obligations for the contracting parties

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