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Grab

Wheels

SYNDICATE GROUP 8

AULIA NUR CAHYO 29319109


GALIH GHANESA CAKRA NUGROHO 29319103
GHAIDA RIFARA ELVERINA 29319111
GU JIA 29319704
RAKA NURALIF VERDIYANTO 29319102
YOGO PRIHANDOKO 29319107
FINAL EXAM -Business Ethics, Law and Sustainability 1
GM 9 – SBM ITB JAKARTA CAMPUS
1. In what form of legal entity will you build
your business? Please elaborate your
considerations in choosing the form of legal
entity.

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We would choose “PT (Perseroan Terbatas)” as a legal
entity of the business because :

1. Clear Ownership System

2. Wider Business Access

3. Professional

4. Forms of Business with Legal Entities


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1. Clear Ownership System
a. Ownership system in PT is arranged based on share ownership. This will be very helpful if at any
time the company want to sell the share or the company itself. The system of ownership transfer
through shares is easier to be transferred than a CV as long as the transfer is in accordance with the
provisions of the company in the Company's Articles of Association listed in AKTA.

b. The roles of investors are limited. This is supported by the provisions of Article 3(1) of the Republic
of Indonesia Law number 40 of 2007 about PT, which stipulates that investors are not personally
responsible for the PT's actions and the PT's agreements unless they exceed the shares held by each
shareholder. The amount of shareholder responsibility in PT, apart from the above reasons, is limited to
the size of the shares owned and does not cover the shareholders personal wealth

The clarification on the separation of the personal wealth


of investors from the PT's own property. This is unique
from other non-incorporated business entities, where the
fulfillment of the obligations of the founders is not limited
by the amount of wealth invested in the business entity,
but also includes the personal wealth of the founder.
2. Wider Business Access
If the company wants to receive capital injections from investors, lenders or banks. The creditors will have more
confidence in the company in the form of PT to provide large amounts of capital because we can analyze and
evaluate the status of the company from the Company's Financial Statements to find out how the company is
sustainable.

3. Professional
In the PT their employee from the top to the bottom follows regulation through on promises, responsibility, doesn’t
blame others for mistakes, and supports others in achieving goals, it creates a healthy and positive work culture. As a
result, this breeds trust and enhances productivity. People who understand the consequences of failing to adhere to
specific guidelines are more likely to follow them, and entire teams that feel the weight of those standards will
work together to meet them.

4. Forms of Business with Legal Entities


The PT business form is authorized by the Ministry of Law and Human Rights (Kemenkumham). This is
actually beneficial because PT's business forms are more legally secure. One example of protection
obtained is protection of corporate identity. If your company is already established, other PTs cannot stand
with the same name. In addition, your business entity will be considered more profitable and reliable.
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2. To mitigate your risks as business owner,
please identify the key terms and conditions
that need to be pre-approved by prospect
customer prior to renting the scooter (you
can differ from the existing terms and
conditions).

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The Key term and condition that customer
must be approved such as :

1. The Rider Requirements


The rider is in sole and full control of the PMD (Personal Mobility Device)
with consequently they are represent to Grab and undertake that have :
a. Good physical and mental ability, skill and experience to handle PMD in
safe, responsible and lawfull manners
b. With minimum age for rider 18 years old
c. 1 person per scooter
d. Maximum weight per scooter 100 kg
e. Only can go for speed maximum 15km/hour on cycling path

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2. Safety Rules
□ Customer must know how to use the functionality of
grab wheels effectively
□ Customer must be responsible when using grab wheels
to wear all necessary safety gear (helmet, protective pads
and proper shoes)
□ Customer must obey the all applicable laws and
regulations (including those related to traffic, road safety,
parking, ride on expressways or roads, using mobile
phone) and must know the standard operating
procedure when using Grab wheels

3. Parking the Grab Wheels


□ The place that customer must park the grab wheels in located
by symbol of grab wheels logo and can be found in the
application map screen.
□ Maximum continuous rental time is 4 hours per trip, after that it
will automatically lock and customer must pay the retrieval
rental fee
□ If grab wheel can’t be retrieval within 24 hours after
automatically lock, it will reported to the police station and will
be deemed as a stolen and lost
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4. Incidents
The grab wheels should provide an option to choose
Insurance fee for the customer
If there is an incidents, the customer must required to
contact Grab and file a police report immediately in the
event of theft of the PMD or an accident that occurred
during your use of the PMD resulting in bodily injury.

5. Deposit
The customer must pay security deposit Rp.100.000,- towards
the payment of any outstanding amounts to Grab by OVO or
other methods payment

6. Repairs and other Costs or Fee


Customer must responsible to pay cost and fees if the scooter damaged, missing and lost. The customer
may be liable to pay certain cost associated with repair and pay for the full replacement cost of PMD (Rp
8.000.000,- or such other amount as grab may stipulate from time to time) for missing and lost
comdition. It will be charge into by OVO or other methods payment associated with your user account,
without your further consent deducted from deposit fee.
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7. Suspension
The customer who is in breach of any of these Service Rules may be
suspended or banned from using the Service and Platform.

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3. To boost funding of your
business in the early stage of
your business, what
financing schemes will you
offer to prospect investor,
and what security or
guarantee can you offer to
the prospect investor?

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We recommend the company to seek
capital venture with converting some of
company shares (downside protection).
Investors can supervise and evaluate the
company’s performance.

Things to consider as guarantee :


o Prospectus (business plan, feasibility
study, & due diligence) in long-term
agreement – normal provisions
o First claim access company’s assets
and technology and equity dilution
protection – downside provisions
o Predetermined price – upside
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4. In drafting underlying agreement with
the prospect investor, which dispute
forum will you choose as venue to settle
any potential dispute, and please
elaborate your consideration in choosing
such dispute forum?

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When there is any potential dispute within the agreement, the
company should do an action such as :
2. Negotiation & Settlement
1. Consultation
Make a consultation with If with consultation did
external auditor (dispute not find the solution,
about interest or share then make a
payment) or lawyer when
negotiation and
breaking the agreement
between parties. settlement to find win –
win solution.
The result to solve the
problem and find the best
solution to it.

3. Mediation
When both parties still
unable to reach mutual
agreement, an expert
advisor or mediator should
be appointed to help
them.
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When there is any potential dispute within the
agreement, the company should do an action such as :

Conciliation and settlement


If one of the two parties still feels disadvantaged and has not reached an agreement and is in
good faith that the company fulfills its obligations to investors, the dispute can be resolved
through legal channels and district courts.

Arbitration (if necessary)


Through arbitration, the dispute is confidential
only both parties placed in the room and the
decision is final and binding on the parties. Time
efficiently and cost effectively.

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5. The Government is starting to notice
that Grab Wheels is being used on the
main streets. It is intending to regulate
Grab Wheels as a form of public
transport, having a certification
process, certain standard of quality,
taxation and licensing.

What would be your response to this?

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The company's response that is carried out if there are laws
and regulations governing Grab Wheels are:

1. Attend an invitation regarding a public


2. After the rules are approved, the company is
obliged to attend socialization conducted by
consultation from the government regarding the
the government regarding any rules and
rules and regulations related to the use of Grab
regulations that allow and prohibit the use of
Wheels and problems in the Grab Wheels.
the Grab Wheels.
a.To support Perpres No.55/2019 about low emision, we
want different tax rate for Grabwheels Lower price of tax
rate will be a trigger. 3. The company must obey the rules and
b. Cycling path access for the grabwheel regulations that have been stated by the
government regarding the use of the Grab
c. Facilty support of charging station (Cooperation with
PGN, PLN and Pertamina) Wheels and applied a certification that
stated by the government
d. Because of the new technology we don’t need to have
certification of transportation (KIR)
4. The company must inform its customers
about government regulations that have
been approved using online media (Youtube,
Twitter, Instagram and others) and make
short videos and short messages to
customers before using Grabwheels.
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6. Wear you customer
hat! Please identify

‘’ what key terms and


conditions you want to
put forward to Grab
Wheels to mitigate
your risks.

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Additional terms and conditions
that can be put into Grab Wheels :

Time Prohibited
Related arrangements for the To use Grab Wheels on the
time and hours of use of Grab pedestrian footpaths,
Wheels from 05.00 am to walkways with moderate to
21.00 pm, Grabwheel will be heavy pedestrian traffic.
lock when using not in that
time

Supervisor Security
There should be a supervisor The Grab Wheels company must attached
or security in every grab GPS in the Grab Wheels to know where the
wheels corner (someone that paths and roads that can and must be passed
could check the riders and by Grab Wheels users and the parking and
scooter regularly) dock-charging places of the Grab Wheels 19
Thanks!
Any questions?

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