KEPASTIAN HUKUM STATUS PENGEMUDI OJEK ONLINE DALAM PERSPEKTIF HUKUM KETENAGAKERJAAN INDONESIA

AbstractThe development of digital technology has given rise toapp-based transportation services that create newemployment opportunities while simultaneouslygenerating legal issues concerning the status of onlinemotorcycle taxi drivers within the Indonesian labor lawsystem. At present, online motorcycle taxi drivers areclassified as business partners rather than workers,resulting in the absence of normative labor protections.This article aims to analyze the legal certainty of theemployment status of online motorcycle taxi drivers fromthe perspective of Indonesian labor law and itsimplications for the protection of drivers’ rights. Theanalytical framework is based on an examination of thelegal relationship between drivers and platformcompanies, a comparison between employmentrelationships and partnership arrangements, and theirrelevance within the context of the gig economy. Thisstudy employs a descriptive-analytical method using bothnormative juridical and empirical juridical approaches,drawing upon statutory regulations, court decisions, andpractical partnership arrangements. The findings indicatethat classifying drivers as partners leads to legaluncertainty and limited labor protection, as therelationship is predominantly contractual andadministrative in nature. Therefore, comprehensiveregulatory reform is necessary to ensure legal certainty,fairness, and proportional protection for onlinemotorcycle taxi drivers within the Indonesian labor lawframework.Keywords: legal certainty; online motorcycle taxi; laborlaw.