The development of the digital economy over the past decade has\ncreated millions of new jobs but has not been accompanied by adequate\nlegal certainty for online transport drivers, who until now have been\nplaced within a partnership scheme.<\/p>\n
Against the backdrop of growing public reliance on online transport\nservices, drivers\u2019 employment status, income protection, and social\nsecurity remain uncertain.<\/p>\n
This was stated by Bamsoet when he served as an examiner at the open\nviva voce examination for the Doctor of Law programme at Borobudur\nUniversity, Police Commissioner M. Adi Putra, with a dissertation titled\n\u2018Reformulation of the Legal Norms of Online Transportation in Realising\na Just and Beneficial Mode of Transport\u2019, at the Borobudur University\nCampus in Jakarta, today.<\/p>\n
Joining examiners were other officials such as the Rector of\nBorobudur University, Prof.\u00a0Bambang Bernanthos; the Director of\nPostgraduate Studies, Prof.\u00a0Faisal Santiago; Prof.\u00a0Henny Nuraeny;\nPromoter Prof.\u00a0Suparji Ahmad; and Co-Promoter Dr.\u00a0Ahmad Redi.<\/p>\n
On the other hand, the financial performance of online transport\nplatform companies has continued to improve. In 2025, PT GoTo Gojek\nTokopedia Tbk (GOTO) posted net revenue of Rp 18.32 trillion, up 15.27\npercent. Meanwhile, consolidated financial statements of Grab Holdings\nLimited show that net revenue for PT Grab Teknologi Indonesia reached\naround US$268 million, or about Rp 3.36 trillion, Bamsoet said in a\nstatement, Thursday (21 May 2026).<\/p>\n
He explained that these data show online transport has grown into a\nhigh-value sector with the ability to generate significant revenue\nthrough a multi-sided platform business model that connects millions of\ndriver partners, consumers, and micro, small and medium-sized enterprise\n(MSME) merchants.<\/p>\n
It is time for Indonesia to have specific regulations governing\nonline transport work in a clearer and fairer manner. When app companies\ncan record revenue growth and expanding business value year after year,\nit is only right that the welfare and certainty of drivers\u2019 status\nshould also become a priority,\u201d Bamsoet said.<\/p>\n
Bamsoet explained that, up to now, the relationship between app\ncompanies and drivers has been built through partnership agreements.\nLegally, the model positions drivers as independent partners, so the\ncompanies do not bear full obligations such as minimum wage, protection\nagainst dismissal, pension guarantees, leave, or general social\nprotection customary for workers.<\/p>\n
Yet in practice, drivers are highly dependent on the app system,\norder assignment algorithms, incentive mechanisms, and suspension\npolicies wholly determined by the app. This situation creates an\nimbalance in bargaining power that becomes more evident when incomes\nfall or unilateral policy changes occur.<\/p>\n
When someone works daily, meets targets, follows operational rules,\naccepts system evaluations, and even their earnings are determined by\nthe app, a big question arises: is that relationship still purely a\npartnership or is it approaching an employment relationship? This\nquestion must be answered through regulation, not left to develop\nwithout certainty,\u201d Bamsoet said.<\/p>\n
Bamsoet noted that Indonesia can learn from various countries that\nhave taken advanced steps to protect online transport drivers. In the\nUnited Kingdom, the Supreme Court in 2021 ruled that Uber drivers are\nentitled to worker status with rights to minimum wage and paid\nholiday.<\/p>\n
In Spain, the government has implemented the Riders Law requiring\nplatforms to recruit drivers and couriers as employees. The Netherlands,\nthrough a court ruling, recognises online transport drivers as workers\nentitled to wages, allowances, and employment protection, he said.<\/p>\n
Chile since 2022 has developed a two-category worker model for online\ntransportation workers, while New Zealand also moves toward worker\nrecognition for online transport drivers. Neighboring countries such as\nSingapore and Malaysia are moving through approaches to social\nprotection and welfare standards for online transport drivers.<\/p>\n
Experience in several countries shows that the digital economy need\nnot conflict with labour protection. United Kingdom, Spain, the\nNetherlands, Chile, New Zealand, Singapore, and Malaysia demonstrate\nthat a nation can safeguard innovation while ensuring online transport\nworkers obtain decent basic rights. Indonesia needs to study the best\nmodel suited to national conditions,\u201d Bamsoet said.<\/p>\n
Bamsoet regards the government\u2019s issuance of Presidential Regulation\nNumber 27 of 2026 on the Protection of Online Transport Workers as a\nsignificant advance in improving the balance of relations between\nplatform operators and drivers. The regulation cuts the application cut\nfrom around 20 percent to a maximum of 8 percent.<\/p>\n
However, Bamsoet cautioned that improvements to the revenue-sharing\nscheme do not solve the fundamental problem of employment status. He\nsaid that as long as drivers are positioned solely as partners without\ncomprehensive protection instruments, the risks of income uncertainty,\nalgorithm changes, unilateral suspensions, and limited access to worker\nprotection will continue.<\/p>\n
Presidential Regulation 27 of 2026 is a forward step and deserves\npraise as it signals the state\u2019s commitment to drivers\u2019 welfare. But the\nnext tasks include building a more comprehensive legal framework for\nonline-based work,\u201d he said.<\/p>\n
Among them is opening space for discussion on the possibility of\nonline transport drivers in Indonesia obtaining worker status with clear\nrights and obligations,\u201d Bamsoet concluded. (prf\/ega)<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/bamsoet-discusses-legal-certainty-of-employment-status-for-online-transport-drivers-1779542482", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }