Discourse on online transportation regulation under Posner's theory: A comparative analysis in Indonesia and Brazil

Abstract

The international transportation industry faces rejection and conflict due to legal gaps, mainly in online platform services. This paper examines how legal regulations allow Brazil and Indonesia to accommodate global businesses like Uber and other online transportation platforms. The research uses qualitative methods and comparative and theoretical approaches, gathering legal information through a literature review. Posner's Theory of Economic Analysis of Law suggests that actors have varying strategies to maximize their opportunity costs, leading to different legal protections for international companies like Uber in each country. While previous research highlights the role of international law in supporting corporate legitimacy in the global market, this article proposes a new perspective on the importance of national law in protecting international businesses. This paper demonstrates that Indonesia and Brazil have potential markets for digital transportation, but social friction towards the changing digital landscape must be addressed through robust and adaptive regulation.