Employment Relationship of Gig Workers in Indonesia: A Case Study of Ride-Hailing Drivers and App-Based Courier

Abstract

The rapid growth of the digital economy in Indonesia has given rise to the phenomenon of gig workers, particularly ride-hailing drivers and app-based couriers. While these jobs have expanded employment opportunities and offered flexibility, they also raise complex legal debates concerning the nature of the employment relationship. Indonesia’s labor law framework remains grounded in the traditional model of employment, which presupposes formal contracts, fixed wages, and built-in social protection. This raises the question of whether gig workers can be classified as employees under the Manpower Law, or whether they fall solely within the category of independent contractors. This study examines the legal construction of gig workers’ employment relationships in Indonesia through case studies of ride-hailing drivers and app-based couriers, while also assessing the implications for fundamental labor rights such as minimum wage, social security, and the right to unionize. Using a normative juridical approach, the research analyzes existing labor regulations, relevant court decisions, and contemporary labor law doctrines. The findings reveal a normative gap that places gig workers in a vulnerable position, underscoring the urgent need for regulatory reforms that are more adaptive to the dynamics of digital labor. This paper thus contributes to the global discourse on the legal protection of gig workers in the digital era while providing policy insights for the Indonesian context.