Thorough Review of Work Safety Regulations for Gig Economy Workers in Indonesia (Study on Go-jek Workers)

Legal Literacy- This article discusses an in-depth analysis of the protection of the right to work safety for partner workers in Indonesia's gig economy sector, with a specific focus on Gojek drivers. Through in-depth interviews and document analysis, this research explores the impact of worker status as independent contractors on their access to legal protection, insurance, and occupational safety training, highlighting existing regulatory gaps and urging more inclusive regulatory reforms.

Introduction

The right to work is a fundamental right protected by the state. This is affirmed in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, where the state is obligated to provide employment and a decent living for every citizen. This affirmation is reinforced through Article 28D paragraph (2), which states that everyone has the right to work and receive fair compensation and treatment in employment relationships.[1]Although the right to work is guaranteed by the constitution, there are still gaps between the availability of jobs and the number of job seekers. This leads to increasing unemployment and poverty. One of the main factors underlying the high unemployment rate is the low level of education.[2]According to data from the Central Statistics Agency on education in 2023, the presentation of the population aged 15 (fifteen) years and over in rural areas is dominated by junior high school (SMP) graduates or lower, at 72.03 percent. A significant gap is also seen in the population who have graduated from Higher Education, which is only 13.21 percent.[3]Due to the limited number of formal jobs, people are turning to various informal businesses. These businesses are generally micro-scale, have uncertain working hours, high labor mobility, and unstable incomes. Examples include public transportation drivers, rickshaw drivers, farmers, fishermen, street musicians, and motorcycle taxi drivers. However, with the development of globalization and transformation in the economic and business fields, many online-based service companies (startups) have begun to emerge in Indonesia. Digitalization in the employment system has begun to be implemented and has become a new attraction in the business world. Currently, the platforms that are most highlighted by the public areGo-Jekand Grab. This research will focus on the Go-Jek platform.[4]The development of online motorcycle taxi services has successfully penetrated many workers. The growing number of drivers is partly due to the large number of people using the service. One of the public's responses is that the price is affordable when using online motorcycle taxi services compared to conventional motorcycle taxi services. Because the price benchmark for online motorcycle taxis is based on the customer's destination route. In addition to affordable costs, there is also flexibility in its use, which does not require walking to a conventional motorcycle taxi post.[5]Besides the advantages, there must be disadvantages, namely the occupational risks associated with drivers. Article in Law No. 13 concerning Manpower

• Chapter X of the Manpower Law concerning Occupational Safety and Health (K3), explained in Article 86, states that every worker/laborer has the right to:

1. Protection of their safety and health.
2. Protection of morals and decency.
3. Treatment in accordance with human dignity and religious values.

Article 87 further explains in more detail the application of K3 in government regulations.

• Chapter XII of the Manpower Law concerning Termination of Employment (PHK), explained in Article 151, states that all efforts must be made by employers and workers/laborers to avoid termination of employment.
• Chapter XIV of the Manpower Law concerning Labor Social Security, explained in Article 99, states that every worker/laborer and their family has the right to social security to ensure the fulfillment of basic needs for a decent life.

Article in the Regulation of the Minister of Manpower No. 5 of 2018 concerning Occupational Safety and Health of the Work Environment

• Article 2 of the Occupational Safety and Health (K3) Law requires employers to:

1. Provide a safe and healthy work environment for workers.
2. Manage risks related to occupational safety and health in the work environment.

• Article 4 explains that employers are obliged to provide protection for workers, such as providing information, instructions, training, and supervision necessary to ensure the safety and health of workers.
• Article 5 explains the rights of workers in terms of occupational safety and health (K3), namely:
  1. Obtaining protection for occupational safety and health.
  2. Requesting personal protective equipment (PPE) that is appropriate to the risks in the workplace.
  3. Obtaining information and training about K3.
  4. Reporting unsafe working conditions to the employer or authorities without fear of negative consequences.
• Article 8 clarifies that employers are obligated to conduct initial and periodic health examinations for workers to ensure they are healthy and capable of performing the assigned tasks.
• Article 10 states that employers must conduct risk identification and assessment in the workplace and take appropriate preventive measures to mitigate those risks.