BENTUK TANGGUNG JAWAB PT GOTO GOJEK TOKOPEDIA TERHADAP MITRA DRIVER ATAS ORDER FIKTIF YANG MENGAKIBATKAN KERUGIAN MELALUI TRANSAKSI CASH ON DELIVERY DALAM LAYANAN GO FOOD (Studi Pada PT GoTo Gojek Tokopedia Cabang Malang)

PT GoTo Gojek Tokopedia provides various services that make things easier for the public, including online food ordering services. In increasingly advanced technological developments, there are shortcomings, namely losses experienced by drivers in the Gojek ecosystem, namely fake orders (fictitious orders) that adversing Gojek partners, which are the drivers. Fictitious orders refer to fraudulent acts in online transportation fields, where consumers use the Gojek application to make fake orders. The purpose of this research is to determine the legal relationship between PT GoTo Gojek Tokopedia Malang branch and Gojek drivers and business partners and the legal responsibilities of PT GoTo Gojek Tokopedia Malang branch against Gojek drivers, if losses occur due to fictitious orders in the Go Food service which uses the Cash On Delivery payment method during delivery. This research uses empirical research methods, primary data obtained from informants at PT GoTo Gojek Tokopedia Malang branch through interviews. The legal materials used are journals, books and legislation. The data analysis technique used in this research is qualitative data analysis which is carried out by collecting data, sorting and organizing it into manageable units. According to the results of research conducted by PT GoTo Gojek Tokopedia Malang branch, the legal relationship between driver partners and business partners with PT GoTo Gojek Tokopedia Malang branch is a partnership relationship. Gojek's form of responsibility will be to fully compensate all losses experienced by driver partners related to fictitious orders by drivers within a period of 6 months after the incident occurred. This has been determined in the partnership agreement between driver partners and PT GoTo Gojek Tokopedia Malang branch.