ANALISIS YURIDIS TERHADAP TANGGUNG JAWAB ATAS RISIKO KECELAKAAN DALAM PERJANJIAN KEMITRAAN GRAB DITINJAU DARI ASAS ITIKAD BAIK DAN KEPATUTAN

The development of the digital economy through app-based transportation platforms has created complex partnership relationships between platforms and driver-partners. In practice, Grab’s Partnership Agreement contains provisions regarding responsibility for accident risks experienced by driver-partners, which are formulated in standard clauses that tend to limit or transfer responsibility. This situation raises legal issues concerning the fairness of allocating responsibility for accident risks when examined from the perspective of contract law. This research aims to analyze responsibility for accident risks in Grab’s Partnership Agreement based on the principles of good faith and propriety as reflected in Article 1338 paragraph (3) and Article 1339 of the Indonesian Civil Code. This study employs a normative legal research method using statutory, conceptual, and contractual approaches. The legal materials consist of statutory regulations, Grab’s partnership agreement, and relevant legal literature. The findings indicate that responsibility for accident risks in Grab’s Partnership Agreement is predominantly placed on driver-partners through clauses that limit responsibility, which may result in an imbalance in the allocation of risks between the platform and driver-partners. From the perspective of good faith and propriety, such allocation does not fully reflect a balanced distribution of rights and obligations and is not entirely consistent with the principle of safety protection as regulated in the Minister of Transportation Regulation Number 12 of 2019. Therefore, the partnership agreement should adopt a more proportional, transparent, and fair allocation of responsibility for accident risks.