The Legal Status of Gig Workers in Indonesia: Between Independent Partnersand Employees in the Perspective of Labour Law

Abstract

The rapid growth of the digital economy in Indonesia has given rise to the phenomenon of gig workers, including online ride-hailing drivers, delivery couriers, and digital freelancers. While platform-based work provides a high degree of flexibility, it also raises serious concerns regarding the legal status of its workers. At present, gig workers are categorized as “partners” by platform companies rather than employees, thereby excluding them from the protection of labour law. This legal ambiguity exposes workers to vulnerabilities such as the absence of social security, lack of entitlement to fair wages, and the risk of unilateral termination. In practice. This study aims to analyze the legal status of gig workers in Indonesia by examining existing labour regulations, the digital contracts applied by platform companies, and comparative approaches adopted in other countries such as the United Kingdom, Canada, and Spain. The research employs a normative-juridical method through statutory analysis, contractual examination, and case studies, complemented by relevant international literature. The findings indicate a significant regulatory gap. Gig workers cannot be fully classified as employees, yet they cannot be treated as entirely independent contractors either. Consequently, this paper recommends the establishment of a new legal category, namely gig workers or dependent contractors, which combines work flexibility with fundamental labour protections. This proposed regulation should be incorporated into labour law reforms or specific implementing regulations. This research is expected to provide practical contributions for national labour policy formulation and enrich academic discourse on labour law in the digital economy era.