LEGAL PROTECTION OF GIG WORKERS IN INDONESIA: REVIEWING LEGAL JUSTICE, CERTAINTY AND EXPEDIENCY

Abstract

The rapid development of technology raises the existence of new employment concept called the gig economy. This concept implements a partnership agreement between the company (digital platform) and the gig workers which can be classified as a non-standard employment relationship or disguised employment relationship. Non-standard work relationships in the gig economy have not yet received a clear legal form in Indonesia, so they do not reflect the objectives of law formation, i.e. justice, legal certainty and expediency. As a comparison in United Kingdom, through the UK Supreme Court decision stated that partnership relations in the gig economy can be categorized as an employment relationship. This study focuses on the legal relationship between gig workers and independent contractors regarding the elements of justice, legal certainty, and expediency for gig workers from the perspective of labor law in Indonesia. Furthermore, this study also tries to seek how do other countries see the concept of the gig economy in juridical approach. This study uses a juridical-normative research method with library and empirical study techniques. The results of this study may suggest that the absence of a legal forms can be impact on the welfare and legal protection of gig workers. Unlike the UK, which has determined that gig workers are included in the category of employment relationship, so gig workers get employment benefits. Therefore, there is a need for specific regulations to the application and practice of the gig economy to ensure the rights and legal protection for gig workers.