Dynamics of Legal Protection of Workers' Rights with Partnership Agreements of Online Motorcycle Taxi Driver
Keywords:
legal protection employment agreement partnership agreementAbstract
The phenomenon of the technology-based platform economy, known as the gig economy, has grown rapidly, transforming many aspects of life, including the world of work. This has led to the emergence of gig workers in Indonesia. One such worker is online motorcycle taxi drivers. Online motorcycle taxi drivers who have partnership agreements with companies have an impact on workers' rights to legal protection. The novelty of this research lies in its discussion of online motorcycle taxi drivers working under partnership agreements, which are currently emerging. The purpose of this research is to analyze the dynamics of legal protection for the rights of online motorcycle taxi drivers with partnership agreement status. This research is a legal study conducted using qualitative, normative, and logical data analysis methods based on the logic and syllogism of laws and regulations and facts on the ground. In Indonesia, labor law regulates employment relationships through work agreements, which are based on the elements of work, wages, and orders. The partnership relationship pattern excludes the employment relationship contained in labor law regulations. It is known that partnership relationships in labor law are often used as a means to eliminate normative rights that workers should receive. Views on partnership patterns in the gig economy have given rise to diverse opinions regarding the meaning of partnership agreements in the realm of labor law. This research has the benefit of knowing the dynamics of legal protection of workers' rights with partnership agreements and as a recommendation for the formulation of laws and regulations in Indonesia.
References
Ari Hernawan, Dasar-Dasar & Perkembangan Hubungan Kerja di Indonesia: Sebuah Telaah Kritis, Yogyakarta, UII Press, 2023
Artha, Ida Bagus Gede Ambara and Priyanto, I Made Dedy. (2019) Analysis of the Termination of the Partnership Work Contract of PT. Go-Jek with Go-Jek Drivers. https://ojs.unud.ac.id/index.php/Kerthanegara/article/view/57491 .
Decree of the Minister of Transportation Number KP 1001 of 2022 concerning Amendments to Decree of the Minister of Transportation Number KP 667 of 2022 concerning Guidelines for Calculating Service Fees for the Use of Motorcycles Used for Public Interest Carried Out with Applications
Fitriani, Jurnal Analisis Perbedaan Pendapatan Ojeksepeda Motor Berbasis Online Di Kota Surabaya (Surabaya: Universitas 17 Agustus 1945 Surabaya, 2018)
Government Regulation Number 7 of 2021 concerning Facilitation, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises
Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Agreements (PKWT), Outsourcing, Working Hours and Rest Hours, and Termination of Employment
Hadjon, PM (1987). Legal Protection for the Indonesian People . Surabaya: Bina Ilmu. Halilintarsyah,
Oka (2021),Online Motorcycle Taxis, Workers or Partners? doi.org/10.55869/kppu.v2i.24
Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises (MSMEs), Rianto Adi.
Social and Legal Research Methodology. Graniat: Jakarta, 2004
Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law
Mawanda, M. Kharis dan Muhsi, Adam, Perlindungan Hukum Mitra Ojek Daring di Indonesia, Jurnal Lentera Hukum Volume 6 Issue 1 2019, Universitas Jember 2019
Peter Mahmud Marzuki, Penelitian Hukum, Prenadamedia, 2017.
Yeremias T. Keban, et al., Under Application Control: The Impact of the Gig Economy on the Conditions of Gig Workers in Indonesia, Research Results, IGPA, MAP Fisipol, UGM, 2020
