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STATUS HUKUM PENGEMUDI OJEK ONLINE DALAM HUBUNGAN KEMITRAAN (STUDI KASUS PENGEMUDI GOJEK DENGAN PT. GOTO GOJEK TOKOPEDIA TBK.)
A major transformation in the workforce has occurred due to the development of digital technology, particularly with the emergence of app-based digital platforms like Gojek. In this business model, drivers are not recruited as permanent employees but are referred to as partners. The relationship between drivers and the company is arranged through a partnership agreement that is not subject to labor law provisions, but rather to general civil law. The relationship between drivers and the company shows elements of an employment relationship, such as supervision, the imposition of sanctions, tariff setting, and an incentive system determined unilaterally by the platform. This relationship is considered not merely a partnership but potentially fulfills the elements of an employment relationship under labor law. This type of research is field research with an empirical juridical approach. Meanwhile, the data analysis method used in this study is the qualitative descriptive method. In terms of data collection techniques, the author uses literature study, observation, and interviews. Observations were conducted by gathering information from six (6) Gojek drivers and interviews were conducted with six (6) Gojek drivers, the Manpower Office, and labor unions. The results of the study indicate that the relationship between Gojek drivers and PT GoTo Gojek Tokopedia Tbk. substantially fulfills the elements of work, wages, and orders as stipulated in Law Number 13 of 2003 concerning Manpower rather than a partnership relationship. The element of orders is reflected through application-based controls, such as a performance assessment system, regulating order access through algorithms, imposing sanctions, and unilaterally terminating partnerships. Field findings indicate that drivers receive sanctions due to customer reports, including work accidents that directly impact loss of income. Although constructed as a partnership relationship, this practice demonstrates subordination and economic dependence, so it can be qualified as an employment relationship that implies the failure to fulfill employment protection.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
STATUS HUKUM PENGEMUDI OJEK ONLINE DALAM HUBUNGAN KEMITRAAN (STUDI KASUS PENGEMUDI GOJEK DENGAN PT. GOTO GOJEK TOKOPEDIA TBK.) (Text)
STATUS HUKUM PENGEMUDI OJEK ONLINE DALAM HUBUNGAN KEMITRAAN (STUDI KASUS PENGEMUDI GOJEK DENGAN PT. GOTO GOJEK TOKOPEDIA TBK.) (Other)
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