Volume 8.
Nomor 2.
Juni 2025.
Editorial Office : Faculty of Law.
Universitas Islam Malang.
Jl.
Mayjen Haryono No.
Dinoyo.
Kec.
Lowokwaru.
Malang.
Provinsi Jawa Timur, 65144.
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551 932 / 551 822 / .
E-mail : yurispruden@unisma.
Website : http://riset.
id/index.
php/yur/index Protection and Legal Relations of Parties in the Flexibility of the Gig Economy in Indonesia Boy Joshua P.
Tampubolon.
Holyness N.
Singadimedja.
Betty Rubiati Law Program Study Faculty of Law Padjadjaran University Jl.
Banda No.
Citarum.
Bandung Wetan.
Bandung City, 40115, .
4220696 Email: boytamplaw@gmail.
Article Article History Received: Jun 15, 2025.
Reviewed: Jun 25, 2025.
Jul 4, 2025 Accepted: Aug 18, 2025.
Published: Sep 16, 2025:
DOI:
33474/yur.
Abstrak Pertumbuhan pesat ekonomi digital telah melahirkan model kerja fleksibel yang dikenal sebagai ekonomi gig.
Di Indonesia, sistem ini menawarkan kemudahan dalam dinamika kerja, namun juga memunculkan kerentanan bagi pekerjanya.
Penelitian ini menggunakan yuridis normatif dengan metode studi kepustakaan dan lapangan.
Tujuannya adalah untuk mengkaji hubungan hukum antara para pihak dalam praktik kerja gig berdasarkan peraturan ketenagakerjaan dan Kitab Undang-Undang Hukum Perdata, dan bentuk perlindungan hukum bagi pekerja gig yang berada dalam hubungan kemitraan guna mendukung kesejahteraan mereka.
Minimnya unsur perintah dalam hubungan kerja antara platform dan pekerja gig menyebabkan terbatasnya akses terhadap perlindungan hak-hak ketenagakerjaan, seperti jaminan sosial dan upah.
Oleh karena itu, dibutuhkan kerangka regulasi yang komprehensif dan adaptif guna menjamin perlindungan bagi pekerja gig tanpa menghambat fleksibilitas operasional platform digital.
Kata Kunci: Ekonomi Gig.
Pekerja Gig.
Fleksibilitas.
Perlindungan Hukum Abstract The rapid growth of the digital economy has given birth to a flexible working model known as the gig economy.
In Indonesia, this system offers ease in work dynamics, but also creates vulnerabilities for its workers.
This study uses a normative juridical approach with literature and field study methods.
The purpose is to examine the legal relationship between the parties in gig work practices based on labor regulations and the Civil Code, as well as evaluate forms of legal protection for gig workers in partnership relationships to support their welfare.
The lack of an element of command in the employment relationship between platforms and gig workers leads to limited access to the protection of labor rights, such as social security and wages.
Therefore, a Boy Joshua P.
Tampubolon dkk.
AuPerlindungan dan Hubungan Hukum Para Pihak Dalam Fleksibilitas Ekonomi Gig di Indonesia,Ay Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang 8, no.
: 212Ae27, https://doi.
org/10.
33474/yur.
Boy Joshua P.
Tampubolon.
Protection and Legal Relation of Parties in the Flexibility A 213 comprehensive and adaptive regulatory framework is needed to ensure protection for gig workers without hindering the operational flexibility of digital platforms.
Keywords: Gig Economy.
Gig Worker.
Flexibility.
Legal Protection PENDAHULUAN The gig economy is an economic trend systems, and unilateral sanctions that create that has been discussed since 2009 and is covert employment relationships without currently developing in other countries, labor law protection.
Indonesia essentially including Indonesia.
It is changing traditional faces the same problem,4 gig workers are not work paradigms and having a significant impact on modern economic structures, one Regulation No.
35 of 2021 concerning Fixed- example being Gojek through its app-based Term Employment Agreements or in the transportation services.
1 The gig economy national social security system, resulting in a refers to a system of short-term work, legal vacuum and weak bargaining position, commonly known as project-based work.
The as well as the absence of labor supervision, gig economy covers a wide range of creative which has led to cases of unilateral industries, such as freelance writing, graphic termination of employment without a fair design, photography, consulting, teaching, appeal mechanism.
Government training, and various other jobs that can be Several studies have been conducted done by freelancers.
2 The difficulty of and have similarities and differences.
The competing for jobs is one factor in the growth study by Shalsabila Shafira and Ritha F.
of the gig economy in Indonesia,3 Although it Dalimunte highlights social entrepreneurship- provides flexibility and job opportunities, the based solutions as an approach to improving gig economy in Indonesia is dominated by the welfare of gig workers.
5 Meanwhile.
I Gde platforms that have complete control over Sandy Satria emphasized the importance of protecting the basic rights of gig workers Shalsabilla Shafira dkk.
AuA Literature Review Of Social Entrepreneurship: A Solution For Challenges In The Gig Economy,Ay Musytari : Jurnal Manajemen.
Akuntansi.
Dan Ekonomi 5, no.
: 91,
https://doi.
org/10.
8734/musytari.
Joko Nugroho dkk.
AuEconomic GIG In Indonesia: Challenges And Opportunities For Gen Z And Milenials,Ay Best Journal of Administration and Management 2, no.
: 27, https://doi.
org/10.
56403/bejam.
Kadek Masakazu Masakazu dkk.
AuPeran Digital Freelancer Marketplace Dan Media Sosial Terhadap Perkembangan Gig Economy Worker,Ay Jurnal Pendidikan Ekonomi Undiksha 15, no.
: 216,
https://doi.
org/10.
23887/jjpe.
Lu Sudirman dan Hari Sutra Disemadi.
AuGig Economy: Unleashing the Potential of Digital Banking in IndonesiaAos Employment Regulations,Ay Lentera Hukum .
https://doi.
org/10.
19184/ejlh.
Shafira dkk.
AuA Literature Review Of Social Entrepreneurship.
Ay 214 Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang.
Vol.
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within the framework of labor law.
6 Previous economy, reviewed from the perspective of studies have similarities in their discussion of Law Number 13 of 2003 concerning the protection of the basic rights of gig Manpower and the Civil Code, as well as examining the forms of legal protection for regulations in the event organizer sector, gig workers who have the status of partners in while previous studies have not discussed the an effort to achieve welfare.
legal relationship between parties in the The research method used is normative implementation of the gig economy and the legal analysis,7 which focuses on analyzing form of legal protection for gig workers to legislation and other relevant legal sources.
achieve welfare.
This is intended to fill a void The specifications of this research are or become a novelty.
This constitutes a descriptive and analytical in nature, aiming to difference and novelty in conducting the describe and explain the legal regulations related to the issues under study.
This research The urgency of this research lies in the uses two legal materials, namely primary legal lack of integrated studies that combine materials in the form of the 1945 Constitution analysis of gig workers' welfare and legal of the Republic of Indonesia, the Civil Code, protection aspects, the dynamics of digital Law Number 13 of 2003 concerning transformation that underlie the growth of this Manpower and Law Number 20 of 2008 sector, and the absence of clear and detailed concerning Micro.
Small policy mapping.
The urgency of this research Enterprises.
Government Regulation Number lies in the lack of integrated studies that combine analysis of gig workers' welfare and Employment legal protection aspects, the dynamics of Working Hours.
Employment Relationships digital transformation that underlie the growth and Rest Periods, and Termination of of this sector, and the absence of clear and Employment.
Minister of Transportation detailed policy mapping.
Regulation No.
118 of 2018 concerning the and Medium Fixed-Term Agreements.
Outsourcing.
The focus of this article is to analyze the Operation of Special Rental Transportation, legal relationship between parties in the Minister of Transportation Regulation No.
implementation of flexibility in the gig of 2019 concerning the Protection of the Gde Sandy Satria.
AuPerlindungan Hak Pekerja Gig Economy Melalui Perspektif Hukum Ketenagakerjaan,Ay Nomos : Jurnal Penelitian Ilmu Hukum 5, no.
: 127Ae34, https://doi.
org/10.
56393/nomos.
Sunaryo Sunaryo dkk.
AuRegulatory Frameworks to Integrate Corporate Social Responsibility with Circular Economy Principles,Ay Hasanuddin Law Review .
https://doi.
org/10.
20956/halrev.
Irwansyah Irwansyah.
Penelitian Hukum: Pilihan Metode dan Praktik Penulisan Artikel (Edisi Revis.
, 5 (Mira Buana Media, 2.
, 3:93.
Boy Joshua P.
Tampubolon.
Protection and Legal Relation of Parties in the Flexibility A 215 Safety of Motorcycle Users for Public Legal Relationships Between Parties in the Interest, and secondary legal materials used Implementation are books, journals and electronic media Flexibility The technique for collecting legal Gig Economy The Industrial Revolution 4.
0 has materials in this study used literature study and field research, while conclusions were various sectors, particularly in the field of drawn using qualitative juridical methods.
The rapid development of the This study aims to examine the legal emergence of work systems that prioritize implementation of gig economy flexibility, flexibility, which has become known as the reviewed from the perspective of Law No.
gig economy.
This flexibility is one of the of 2003 concerning Manpower and the Civil main factors that encourage individuals to Code, as well as to obtain an overview of the choose a career as gig workers.
Meanwhile, forms of legal protection for gig workers who companies tend to recruit gig workers to have the status of partners in order to achieve In practice, the relationship between efficiency and productivity.
gig workers and platforms is often not The flexibility referred to here means regulated in detail within the existing legal that there is no obligation to work long hours, framework, thus creating legal uncertainty.
giving employees the freedom to manage their This study seeks to propose policies that can own time.
This has the potential to increase be used to address inequalities in the motivation and creativity, which ultimately protection and welfare of gig workers in Indonesia.
Therefore, highlights the importance of formulating The implementation of this flexibility adaptive regulations to ensure certainty and takes various forms, such as remote working, fairness for all parties involved.
flexitime, and hybrid work schemes.
11 The RESULT AND DISCUSSION implementation of flexible working models, such as the option to work from home or more Nopia Tarigas dan Markus Hartono.
AuKonsep Fleksibilitas Dalam Gig Worker Dan Pengaruhnya Pada Kinerja Perusahaan Jasa: Literature Review,Ay J@ti Undip: Jurnal Teknik Industri 20, no.
: 6,
https://doi.
org/10.
14710/jati.
Tarigas dan Hartono.
AuKonsep Fleksibilitas Dalam Gig Worker Dan Pengaruhnya Pada Kinerja Perusahaan Jasa,Ay 3.
Ade Triyanto dkk.
AuPengaruh Fleksibilitas Kerja Terhadap Keseimbangan Hidup Dan Komitmen Generasi Milenial Serta Gen Z,Ay Jurnal Ilmiah Manajemen.
Ekonomi, & Akuntansi (MEA) 8, no.
: 3052, sdm, https://doi.
org/10.
31955/mea.
216 Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang.
Vol.
No.
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flexible working hours, is one way to support the creation of a balance between personal and relationship does not always fulfill the professional life .
ork-life balanc.
elements of an employment relationship as This policy covers three main aspects, namely time flexibility, scheduling flexibility, regulated in Law No.
13 of 2003 concerning Manpower.
and place flexibility.
First, flexible working The increase in the number of gig hours refer to the freedom of workers to workers shows a trend that is in line with the choose their own working hours, without shift of labor from the formal to the informal fixed working hours as in formal employnt sector, one of which was triggered by the This means that gig workers are weakening of economic conditions during the not subject to the working hours stipulated in The growth of this trend cannot be Article 77 of Law Number 13 of 2003 separated from the various advantages offered concerning Manpower, making it difficult to by the gig work system, including flexibility set clear limits on overtime work or the right in time management, autonomy in managing to work breaks.
Second, scheduling flexibility tasks and responsibilities, and freedom in means that gig workers can decide when to choosing a work location without being tied to accept or reject a task or project, which means a specific place.
that employers are not obliged to guarantee The gig economy began to gain continuity of work or income.
Third, flexible popularity globally in 2008Ae2009 and has work locations allow workers to perform tasks grown rapidly in various countries.
15 The first term refers to work done through an online The combination of these three platform, while the second is where traditional types of flexibility does indeed provide many work is assigned through an application .
benefits in the form of freedom and autonomy managed by a firm that sets specific service at work, but at the same time creates an 16 This development is driven by increased public access to digital technology.
Triyanto dkk.
AuPengaruh Fleksibilitas Kerja Terhadap Keseimbangan Hidup Dan Komitmen Generasi Milenial Serta Gen Z.
Ay Farid Wahyu Pratama dkk.
AuPengaruh Fleksibilitas Kerja Terhadap Kinerja Driver Online Yang Dimediasi Kepuasan Kerja,Ay IJESM Indonesian Journal of Economics and Strategic Management 2, no.
: 2205,
https://doi.
org/10.
69718/ijesm.
Christiayu Natalia dan FX Gugus Febri Putranto.
AuKerentanan Kesejahteraan Gig Worker Di Indonesia Pascapandemi,Ay Jurnal Ekonomi Indonesia 12, no.
: 175, https://doi.
org/10.
52813/jei.
Muhammad Yorga Permana dkk.
AuMeasuring the Gig Economy in Indonesia: Typology.
Characteristics, and Distribution,Ay SSRN Scholarly Paper no.
4349942 (Social Science Research Network, 6 Februari 2.
, 15, https://doi.
org/10.
2139/ssrn.
Nurhidayah Abdullah dkk.
AuCritical Insights into Gig Economy: A Peninsular Malaysia Case Study,Ay Jambe Law Journal 7, no.
: 397, https://doi.
org/10.
22437/jlj.
Boy Joshua P.
Tampubolon.
Protection and Legal Relation of Parties in the Flexibility A 217 as well as a shift in work preferences towards flexible economy.
In addition, the system does not follow formal employment standards set conventional jobs.
The COVID-19 pandemic by the government, as there are currently no has further accelerated the transition to regulations that specifically govern this sector platform-based work, as many individuals in a legal and comprehensive manner.
have lost their permanent jobs and chosen gig work as an alternative source of income.
The absence of clear regulations makes gig workers or partners vulnerable to unfair In Indonesia, the growth of the gig competition practices, which often favor economy now plays an important role in the business interests over worker protection.
employment structure.
In addition to creating However, digital transformation, changing job opportunities, its contribution to the labor market trends, and the threat of national economy is also significant.
For recession have contributed to the growth of example, in 2019.
Grab's services contributed the gig economy, which is now replacing around IDR 77.
4 trillion to the Indonesian traditional employment patterns.
20 The gig economy opens up opportunities for workers Tokopedia and Gojek into GOTO contributed to earn additional income while helping to IDR 349-428 trillion, or around 1.
8%-2.
2% of reduce unemployment rates.
Meanwhile, the Gross Domestic Product.
From a legal perspective, relationships In the gig economy, workers are not in the gig sector involve parties that have the required to follow the working hours right to demand the fulfillment of obligations, stipulated in Article 77 of Law No.
13 of 2003 known as prestatie subjects, and parties that concerning Manpower.
Conventional workers are obliged to fulfill these demands, known as generally have working hours of 7 hours per plicht subjects.
Legal relationships have three day for 6 working days a week, or 8 hours per main elements, namely the existence of day for 5 working days a week.
It is this parties whose rights and obligations are flexibility in working hours that often leads to opposed to each other, the existence of an the gig economy being categorized as a object that forms the basis for the exercise of Indra dan Sefti Afi Nawangsari.
AuLegal Protection for Gig Economy Workers from the Perspective of Labor Law in Indonesia,Ay Hakim: Jurnal Ilmu Hukum Dan Sosial 3, no.
: 944,
https://doi.
org/10.
51903/hakim.
Luthvi Febryka Nola.
AuPenguatan Perlindungan Pekerja Gig di Indonesia,Ay Info Singkat 17, no.
: 1.
Nola.
AuPenguatan Perlindungan Pekerja Gig di Indonesia.
Ay Pranade Mas dkk.
AuStudi Komparasi Hubungan Kerja Non-Standar Dependent Self Employment Dalam Hukum Ketenagakerjaan Di Indonesia Dan Hukum Inggris Pada Era Gig Economy,Ay Mahadi: Indonesia Journal of Law 1, no.
: 182Ae83, https://doi.
org/10.
32734/mah.
Sevilla Ruhul Izza dkk.
AuStudi Literatur: Analisis Pengaruh Ragam Karakteristik Pekerja Ekonomi Gig Terhadap Perekonomian Nasional,Ay Journal of Regional Economics and Development 1, no.
: 2Ae3, https://doi.
org/10.
47134/jred.
218 Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang.
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those rights and obligations, and the existence principle of business ethics, the principle of of a relationship between the owner of the mutualism, and the principle of mutual need.
right and the holder of the obligation, or a These principles reflect efforts to establish relationship that arises over the object in balanced legal relationships between parties, in line with John Rawls' theory of justice as The legal relationship between gig fairness, which states that justice in a social workers is a partnership relationship, and structure must guarantee equal fundamental there are fundamental differences between a freedoms and the fair distribution of rights and partnership relationship and an employment obligations for all individuals.
25 This theory A partnership relationship is emphasizes the importance of equality in based on an agreement as stipulated in Article partnership relationships.
Therefore, the 1338 of the Civil Code, while an employment relationship is based on an employment prioritize sound business ethics, and the agreement as stipulated in Law No.
13 of 2003 parties involved must have equal legal concerning Manpower.
This difference is based on the principle that a partnership does According to Wibisono, in building a not create a hierarchical relationship between partnership, three main principles must be superiors and subordinates.
Therefore, the considered, namely:26 employer's obligation to fulfill the normative Balance and equality in relationships rights that guarantee the welfare of workers .
The approach applied should not does not apply in a partnership relationship.
only be top-down or bottom-up, nor should Partnerships in the context of legal it be based solely on power, but rather on relationships are based on fundamental mutual respect, appreciation, and trust.
principles such as mutual need, mutual trust, avoid conflict and achieve equality, it is mutual reinforcement, and mutual benefit.
necessary to build mutual trust, respect, responsibility, and bonds between the principles, namely the principle of equality, the principle of partnership status, the Izza dkk.
AuStudi Literatur,Ay 2Ae3.
Rasji dkk.
AuReformasi Hukum Ketenagakerjaan Indonesia Dalam Rangka Melindungi Hubungan Kemitraan,Ay Multilingual: Journal of Universal Studies 3, no.
: 277.
Subanar Subanar.
Manajemen Usaha Kecil (BPFE, 1.
, 5.
Andra Triyudiana dan Putri Neneng.
AuPenerapan Prinsip Keadilan Sebagai Fairness Menurut John Rawls Di Indonesia Sebagai Perwujudan Dari Pancasila,Ay Das Sollen: Jurnal Kajian Kontemporer Hukum Dan Masyarakat 2, no.
: 5.
Dodi Dermawan.
AuHubungan Kemitraan Ekonomi Berbagi Pada Transportasi Berbasis Daring di Indonesia:
Perspektif Pengemudi Roda DuaAy (Universitas Brawijaya, 2.
, 16.
Boy Joshua P.
Tampubolon.
Protection and Legal Relation of Parties in the Flexibility A 219 Transparency, which is essential to avoid service prices or choose customers.
The UK suspicion and mistrust among partners.
Supreme Court ruling requires Uber to This transparency includes aspects of comply with applicable labor regulations, providing compensation, benefits, and legal information management.
protection to drivers.
This ruling recognizes Mutually beneficial, where the partnership drivers as workers with rights to minimum established must provide fair benefits for wage, paid annual leave, and the right to join all parties involved a labor union.
This has a significant impact on These three principles form the ethical and practical basis for building healthy companies, which have relied on flexibility partnerships, but in the gig economy, and independent contractor status.
especially those involving digital platforms.
The emergence of gig workers has these principles are often ignored.
For example, the gig economy in the UK began to employment relationships between employers grow rapidly in 2012 with the arrival of Uber and employees.
In this model, gig workers are in London.
The business model of Uber and considered to provide services directly to similar companies relies on the use of workers consumers through digital platforms, so that who are considered independent contractors no formal relationship with the platform in order to reduce operating costs and avoid owner is established.
They are positioned as This relationship is explicitly referred to as a partnership between the platform and driver- partners through partnership agreements that are theoretically equal.
However, in practice, the working technology by platform owners creates arrangements, which are largely controlled by unequal relationships.
Platform owners have the platform, reveal a striking imbalance.
complete control over workers through From a legal perspective, the UK incentive systems, assessment algorithms, and Supreme Court ruled that Uber drivers work unilateral sanction mechanisms.
As was the under the control and direction of the case with several online motorcycle taxi company, without the freedom to determine drivers who, in this case, were partners of PT Richard Jatimulya Alam Wibowo.
AuUrgensi Pembaharuan Hukum Ketenagakerjaan Indonesia Untuk Mengakomodasi Perlindungan Hubungan Kemitraan,Ay Jurnal Ketenagakerjaan 18, no.
: 110,
https://doi.
org/10.
47198/jnaker.
Qolbi Hanif Fadhlulloh dkk.
AuPerbandingan Kedudukan Hukum Pekerja Gig Economy Di Indonesia.
Belanda.
Dan Inggris,Ay Fundamental:
Jurnal Ilmiah Hukum .
312Ae13, https://doi.
org/10.
34304/jf.
220 Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang.
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Gojek Indonesia, who were suspended agreements (Article 1.
and the obligation without prior confirmation.
The unilateral to perform agreements in good faith (Article application of this suspension resulted in the 1.
, as well as the principles of justice and termination of the partnership between the custom (Article 1.
online transportation company.
29 This places Article 86 Paragraph .
of Law No.
gig workers in a subordinate position without of 2003 concerning Manpower states that the legal protection guaranteed by Law No.
workers are entitled to occupational safety and of 2003 on Manpower.
As a result, gig health protection, as well as treatment in workers often do not receive basic labor rights accordance with human dignity and religious such as social security, regulation of working hours and rest periods, the right to fair wages, productivity, this protection is implemented in freedom of association, and dispute resolution accordance with applicable regulations.
The government also fosters labor norms to This pseudo-employment relationship demonstrates the need to redefine support its implementation.
and expand the scope of legal protection for Partnerships in civil agreements are non-standard forms of employment in the based on the principles of mutual need, digital economy.
reinforcement, trust, and benefit, as stipulated Legal Protection for Gig Workers with in Law No.
20 of 2008 concerning Micro.
Partnership Status in Creating Welfare Small, and Medium Enterprises.
Although Legal protection is important to ensure the enforcement of law, the achievement of MSMEs, its principles can serve as guidelines justice, and the maintenance of order in for creating equality and prosperity in The rule of law means that the law is working partnerships.
the main basis for regulating relations Several countries have implemented between citizens and between citizens and the policies to protect gig workers without government, so that all actions must comply eliminating work flexibility, including:
with applicable regulations.
Legal protection Spain has become a pioneer by recognizing in partnerships in Indonesia refers to the Civil gig workers, especially in the online Code, specifically regarding the validity of transportation sector, as formal workers Muhammad Agung Satrio Wicaksono.
AuPenerapan Sanksi Penghentian Operasional Sementara dan Putus Mitra Sepihak oleh PT.
Gojek Indonesia Ditinjau dari Pasal 1243 Kitab Undang-Undang Hukum Perdata,Ay UNISKA Law Review 1, no.
: 545, https://doi.
org/10.
32503/ulr.
Vivi Carolin Wijaya dkk.
AuPerlindungan Hukum Secara Keperdataan Bagi Klien Notaris Yang Mengalami Kerugian Akibat Diterbitkannya Akta Autentik Yang Cacat Hukum Oleh Notaris,Ay Acta Diurnal Jurnal Ilmu Hukum Kenotariatan 7, no.
: 17, https://doi.
org/10.
23920/acta.
Boy Joshua P.
Tampubolon.
Protection and Legal Relation of Parties in the Flexibility A 221 through the Ley Riders.
This regulation met, gig workers must be classified as requires platform companies to recognize employees with labor protection rights, gig workers as employees who are entitled including minimum wage and benefits, to labor protection, including social health insurance and social security, and security, minimum wages, and collective the right to unionize.
This policy was created in Malaysia has taken a different approach by response to the exploitation of gig workers maintaining the status of gig workers as who often do not receive protection even independent contractors but providing though they are under the control of platform companies.
government has launched a subsidy The In 2021, the European Union proposed a program that includes social security legal framework that ensures employment contribution subsidies for gig workers, protection for gig workers.
If platform welfare programs, and maintaining the companies significantly control the work flexibility of their status as independent of gig workers, such as determining rates.
Regulatory developments related to the algorithms, and setting working hours and gig economy, particularly in the European tasks, then workers are entitled to Union, have had a significant impact.
employee status.
The protection provided Previously, includes social security, minimum wages, claimed that they only acted as intermediaries between workers and customers, not as algorithmic decisions.
This policy aims to However, the Uber ruling by the prevent exploitation while safeguarding UK Supreme Court determined that Uber the interests of platform businesses.
drivers are categorized as workers under the California passed Assembly Bill 5 (AB.
UK Employment Act 2003.
Thus, drivers are which uses the ABC Test to determine the entitled to legal protections, such as minimum status of gig workers.
A worker is wage, paid annual leave, and the right to join considered an employee if the work is a labor union.
under the direct control of the company, the In Indonesia, the government regulates work is central to the company's business, partnership-based and the worker does not run a separate between workers and platforms through independent business.
If these criteria are Article 15 of Minister of Transportation Nur Siti Annazah dkk.
AuPerlindungan Hukum dan Sosial bagi Pekerja Gig: Membangun Kerangka Regulasi yang Inklusif bagi Pekerja Ojek Online di Indonesia,Ay Pusbangjaknaker 2, no.
: 8Ae10.
222 Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang.
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Regulation No.
12 of 2019 concerning the clear legal protection regulations, they risk Protection of the Safety of Motorcycle Users facing uncertain working conditions, which could ultimately increase the potential for Public Interest, transportation service providers to set rates in accordance with applicable regulations and The Ministry of Manpower views the ensure oversight mechanisms so that rates do development of the gig economy in Indonesia not violate regulations.
This regulation positively, as this sector is capable of creating explicitly states that the relationship between new job opportunities while also driving the platform companies and partners is a growth of the informal economy.
However, partnership relationship.
the Ministry of Manpower also observes that Upon further examination, the policies in practice, the relationship between workers in Minister of Transportation Regulation No.
and platform companies often does not reflect 118 of 2018 concerning the Operation of a true partnership.
There is still the Special Rental Transportation and Minister of implementation of attendance systems, the Transportation Regulation No.
12 of 2019 imposition of sanctions in the form of concerning the Protection of the Safety of suspensions, and an imbalance in the positions Motorcycle Users for Public Interest tend to of partners and companies.
In addition, the be disadvantageous to drivers.
Companies are role of supervision of the development of the required to establish procedures for temporary gig economy in Indonesia is still not optimal.
termination of employment and termination of The protection provided by the government to partnerships, but the stages of imposing gig workers is currently generally limited to sanctions on workers are not regulated in access to independent social security, given As a result, the highest authority in that their status is categorized as Non-Wage determining rules and sanctions lies with the Recipients.
company, which has the potential to cause The relationship between platform uncertainty and arbitrary treatment.
Each job companies and gig workers often does not assignment is contracted individually without meet the criteria for AuemploymentAy due to the any guarantee of job continuity.
existence of work control through algorithms.
This uncertainty has a negative impact This creates legal uncertainty that limits gig on job stability and the welfare of gig workers, workers' access to protections such as social such as online transportation drivers.
Without security, wages, and bargaining rights.
Erda Afifah.
AuStudi Perbandingan Regulasi Hukum Bagi Pekerja Ekonomi Gig Di Sektor Transportasi :
Indonesia Dan California,Ay Jurnal Restorasi Hukum 7, no.
: 210, https://doi.
org/10.
14421/tfkj5t58.
Reza Asmara.
AuPerkembangan ekonomi gig di Indonesia,Ay 16 Juni 2025.
Wawancara.
Boy Joshua P.
Tampubolon.
Protection and Legal Relation of Parties in the Flexibility A 223 Without clear regulations, companies often The role of the government is very consider drivers as independent contractors to important because in a welfare state, the avoid legal obligations and labor costs.
As a government is responsible for protecting the result, gig workers do not receive social public interest.
Welfare is a basic right of protection, occupational safety, or minimum every citizen, so the state must ensure that its The regulation of workloads and citizens live decently.
34 Based on Article 28D income through non-transparent algorithms paragraph .
of the 1945 Constitution of the makes workers vulnerable to exploitation with Republic of Indonesia, the state has an uncertain earnings.
obligation to provide protection and legal The gig economy offers opportunities effective oversight mechanisms and the lack economic opportunities, and efficiency for of regulations regarding minimum rates However, workers in this sector indicate the state's negligence in carrying out face challenges such as minimal social its constitutional mandate to achieve social Therefore, the government must exploitation, uncertain income, and the immediately evaluate and reform the labor absence of bargaining rights.
Although the regulation system so that it can accommodate implementation of partnership relations is the new realities of the gig economy.
certainty to all citizens.
The absence of governed by Law Number 20 of 2008 The government can collaborate with concerning Micro.
Small, and Medium various parties such as the private sector to Enterprises, in its development in Indonesia, this law does not yet cover partnership international applications and institutions relationships in the gig economy era, such as such as the International Labor Organization the unclear status of workers, the lack of legal and the World Bank in designing regulations protection covering health insurance and work for freelance workers, as well as non- accidents, and dependence on platforms.
governmental organizations (NGO.
and Therefore, balanced regulations are needed to workers' associations to provide training and maintain work flexibility while protecting legal advocacy for gig workers who face workers' rights, especially online motorcycle unfair treatment.
taxi drivers and digital platform workers.
Oman Sukmana dkk.
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According Muhyiddin, of a hierarchical relationship as in a government needs a structured short- and medium-term strategy to regulate gig workers.
platform companies are not obliged to fulfill The short term includes forming an inter- ministerial team, mapping workers, public guaranteed by labor law, such as employment consultation, and drafting a Government social security, the right to a minimum wage.
Regulation as the basis for regulation.
For the protection against unilateral termination of medium term, over the next five years, the employment, and freedom of association.
focus will be on revising Law No.
13 of 2003 Legal protection is a fundamental aspect on Manpower, developing special social in ensuring the rule of law and in efforts to protection, supervision, law enforcement, and achieve justice and order in society.
In the digitizing data and complaint systems.
context of partnerships, gig workers are not Citizens and civil law entities need legal included in the category of formal workers as protection from government actions because referred to in the Manpower Act, so they do they depend on government decisions.
This not automatically receive the normative protection is important to ensure legal protection stipulated in the law.
Therefore, a certainty and security, which are essential in preventive approach to legal protection is the business world.
In accordance with Article relevant to apply.
This approach emphasizes 27 of the 1945 Constitution of the Republic of efforts to prevent legal violations through the Indonesia, the state is responsible for providing legal protection to its citizens.
agreements, based on good faith, and CONCLUCION supported by clear sectoral regulations that are The legal relationship between workers adaptive to the dynamics of the gig economy.
and platform companies is generally not BIBLIOGRAPHY