LEGAL RELATIONSHIP BETWEEN PLATFORM SERVICEPROVIDERS AND ONLINE TRANSPORTATION DRIVER IN INDONESIA

In: Journal of public administration, finance and law, Band 29, S. 199-210

Abstract

This research aims to determine the classification of legal relationships between platform service
providers and online transportation drivers as gig workers (platform workers). The choice of theme is
motivated by the fact that so far the legal relationship that occurs between platform service providers and
online transportation drivers is a partnership relationship, but the partnership relationship that occurs does
not implement the principles of partnership in its implementation in the business world. This partnership
cooperation relationship is not regulated in the Law Number 20 of 2008 regarding Micro, Small, and Medium
Enterprises or the Indonesian labour law because the Indonesian labour law only recognizes working
relationships, while in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises because
the original intent of the partnership in Law No.20/2008 is very different from the partnership relationship
that is currently happening between platform service providers and online transportation drivers. Then the
writing of this paper uses a normative juridical method with a statutory approach and an analytical
approach. The legal material obtained by the author will be analyzed using descriptive analytical analysis
techniques, namely a method of analyzing legal material by determining the content or meaning of legal rules
in terms of partnership cooperation relationships, as well as the Civil Code. From the results of research
with the above methods, the classification of legal relationships between platform service providers and
online transportation drivers as gig workers (platform workers) is classified as a partnership relationship
based on the Subordinate union of partnership, namely a partnership based on the merger of two or more
parties that are subordinately related.