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TRANSPARANSI SISTEM BAGI HASIL ANTARA PENGEMUDI SHOPEEFOOD DAN PERUSAHAAN DALAM PRINSIP KEMITRAAN
This research is motivated by the rapid growth of app-based food delivery services such as ShopeeFood, which in practice has given rise to fundamental issues concerning the imbalance of bargaining power between platform companies and their driver-partners. A crucial issue highlighted in this study is the alleged lack of transparency in the revenue-sharing system, where driver-partners often do not receive adequate and detailed information regarding the structure of income calculation and commission deductions. This phenomenon indicates the existence of information asymmetry that potentially undermines the basic principles of a fair and equitable partnership. This study aims to analyze the revenue-sharing system implemented by ShopeeFood that may potentially disadvantage driver-partners when reviewed under Regulation of the Business Competition Supervisory Commission (KPPU) Number 2 of 2024 concerning Procedures for the Supervision and Handling of Partnership Cases. In addition, this research examines whether the revenue-sharing practices reflect collective benefit (maslahah) and are free from elements of gharar (uncertainty). This research employs a juridical-empirical approach using a descriptive qualitative method. Primary data were obtained through interviews with ShopeeFood driver-partners to gather field data regarding the actual transparency of the revenue-sharing system, as well as from relevant parties who understand the platform’s operational policies. Secondary data were collected from legal literature, statutory regulations, and previous studies related to the digital economy and partner protection. The analysis integrates partnership theory, the principle of transparency in positive law (particularly KPPU Regulation Number 2 of 2024), and the concept of maslahah mursalah. The findings indicate that the revenue-sharing system implemented by ShopeeFood does not fully reflect transparency, particularly in relation to the double or triple order policy, which often provides disproportionate compensation to driver-partners. From the perspective of positive law, the absence of transparency may be interpreted as a violation of the legal obligation to uphold fair business ethics as stipulated in Article 4 paragraph (1) of KPPU Regulation Number 2 of 2024. Meanwhile, from the perspective of maslahah mursalah, the lack of transparency regarding detailed income deductions does not meet the criteria of public benefit, as it fails to realize distributive justice for driver-partners and instead causes harm to the party with weaker bargaining power. It also contradicts the principle of mutual consent (‘an taradhin), thereby necessitating greater transparency to ensure a balanced distribution of rights and obligations within the partnership relationship.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103080044 Muhammad Daffa Muzhaffar
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332 Ekonomi Keuangan dan Finansial, Ekonomi Biaya dan Pembiayaan