Redefining The Legal Status of Gig Workers in Indonesia Through The Lens of Algorithmic Subordination

Abstract

The rapid growth of Indonesia’s digital economy has generated a surge in gig work, dominated by online transport drivers, delivery couriers, and freelance digital labor. Although platforms contractually define these workers as “partners”, the reality shows algorithmic management exerts substantial control over pricing, workload distribution, and performance monitoring. This misclassification strips workers of basic protections such as minimum wage, social security, paid leave, and severance, resulting in widespread vulnerability and precarious livelihoods. Left unaddressed, such legal ambiguity risks entrenching inequality and undermining the constitutional guarantee of a decent living under Article 27(2) of the 1945 Constitution.

This paper investigates the legal status of gig workers in Indonesia by diagnosing gaps in the Manpower Law, analyzing the constitutional obligations of the state, and comparing global approaches to worker classification. While scholars acknowledge the tension between contractual freedom and protection, much of the debate remains limited to a binary choice between “employee” and “independent partner”, overlooking algorithmic subordination as a modern form of control. To address this gap, the research adopts a conceptual and comparative legal approach, drawing on the UK’s Worker category, the EU’s rebuttable presumption of employment, and California’s hybrid Prop 22 model.

Building on these insights, the paper argues for the creation of a tertium genus, namely “Platform Worker”, in Indonesian law. This new category would guarantee essential minimum rights including mandatory social security, fair hourly wages that count waiting time, and the freedom to organize collectively. By advancing a model that balances flexibility and protection, the paper contributes to national and international debates on ensuring decent work in the platform economy, aligning Indonesia with emerging global labour standards and the International Labour Organization’s Decent Work Agenda.