LEGAL PROTECTION OF WORKERS’ RIGHTS IN THE DIGITAL TRANSFORMATION ERA: DIGITAL PLATFORM EMPLOYMENT RELATIONSHIPS IN INDONESIA
LEGAL PROTECTION OF WORKERS’ RIGHTS IN THE DIGITAL TRANSFORMATION ERA: DIGITAL PLATFORM EMPLOYMENT RELATIONSHIPS IN INDONESIA
Abstrak
This study examined the legal protection of digital platform workers in Indonesia, whose employment status remained unregulated despite the rapid expansion of the gig economy. It pursued three objectives: to determine the legal status of the relationship between platform workers and platform companies under the Manpower Law and the Job Creation Law; to evaluate the adequacy of the existing protective framework against the benchmarks of legal certainty, coverage, and enforceability; and to formulate an ideal regulatory model informed by comparative law. A normativeempirical (socio-legal) method was employed, combining doctrinal analysis with field data obtained from a survey of 200 platform workers, twenty in-depth interviews, and three focus group discussions conducted across five major cities. The survey found that the majority of respondents were economically dependent on a single platform, that fares were set unilaterally, and that only a minority were enrolled in employment social security, confirming a significant legal vacuum. The study introduced the concept of digital subordination to demonstrate that algorithmic control satisfied the command element of an employment relationship, and proposed a Tiered Protection Framework that calibrated protection to the worker’s degree of economic dependence.
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