Seminar Nasional Ketenagakerjaan
“Polemik Perlindungan Hukum Pengemudi Transportasi Online”
Yogyakarta (28/3) – The Family of Master of Law Students at the Faculty of Law, Universitas Gadjah Mada (KMMH FH UGM), held a National Employment Seminar entitled “The Polemic over Legal Protection for Online Transportation Drivers.” KMMH identified several issues surrounding online transportation, including the still “grey” legal relationship between online transportation drivers and online transportation service providers (PJTO). This legal relationship is closely related to the legal protection afforded to drivers, as well as the ongoing debate surrounding Minister of Transportation Regulation No. 108 of 2017 on the Operation of Public Motor Vehicle Transportation Services Not on Fixed Routes (Minister of Transportation Regulation No. 108 of 2017). KMMH considered these issues, which had become matters of public debate, important to discuss through an academic forum involving relevant stakeholders in order to find appropriate solutions.
“This National Employment Seminar is the first event organized by FH UGM specifically addressing employment issues. It represents KMMH UGM’s concrete contribution to addressing national problems. God willing, the outcomes of this seminar will be submitted to relevant institutions, including the Ministry of Transportation of the Republic of Indonesia and the Ministry of Manpower of the Republic of Indonesia, to serve as considerations for the government in formulating policies related to these issues,” said Hasanuddin Ismail, Chair of the Organizing Committee.
The event, officially opened by the Dean of FH UGM, featured several speakers, including Prof. Dr. Ari Hernawan, S.H., M.Hum., Professor at FH UGM; Kirnadi, Secretary-General of the Yogyakarta Workers’ Alliance; Sumondang, S.H., M.H., Head of the Sub-Directorate for Employment Relations at the Directorate of Employment Requirements, Ministry of Manpower of the Republic of Indonesia; and Dr. Syafrin Liputo, A.TD., MT, Head of the Sub-Directorate for Passenger Transportation at the Directorate of Transportation and Multimodal Transportation, Ministry of Transportation of the Republic of Indonesia. Dr. Haiyani Rumondang, M.A., Director General of Industrial Relations Development and Employment Social Security at the Ministry of Manpower, also attended as the keynote speaker, representing the Minister of Manpower.
Kirnadi explained that labor unions had repeatedly submitted studies to the government concerning the emergence of a new form of relationship between drivers and PJTOs, as well as the various problems arising between the parties. According to him, Law No. 13 of 2003 on Manpower (Manpower Law) has yet to adequately address the legal relationship between drivers and PJTOs in response to technological developments. Clarity regarding this legal relationship is essential to ensuring workers receive legal protection, including fulfillment of their rights as workers. Kirnadi also highlighted irregularities in the partnership agreements promoted by PJTOs, particularly the unequal relationship between drivers as “partners” and the PJTOs themselves. He referred to this situation as an “illusion of partnership.” Regarding Minister of Transportation Regulation No. 108 of 2017, Kirnadi considered the regulation adequate and argued that greater emphasis should now be placed on its implementation and enforcement. He viewed these issues as a challenge for the government, which must position itself as a protector of the public through the regulations it issues.
From an academic perspective, Ari Hernawan explained that law constitutes an integrated system in which each element is interconnected. Therefore, when examining the legal relationship between drivers and PJTOs, it is necessary to comprehensively identify the subjects involved, the legal relationship between them, and subsequently determine the appropriate form of legal protection. He noted that the relationship between drivers and PJTOs appeared to involve a new type of mixed agreement. However, this would require further academic research to establish. Regarding Minister of Transportation Regulation No. 108 of 2017, Ari stated that it was reasonable for the government, particularly in an era of industrialization, to intervene in the private sphere to regulate activities or guarantee protection for citizens. Nevertheless, regulations must fulfill philosophical, juridical, and sociological requirements while accommodating the interests of all parties.
From the government’s perspective, Sumondang, Head of the Sub-Directorate for Employment Relations, explained that online transportation was initially viewed as a significant opportunity for people to obtain better employment. Over time, however, various issues emerged, ranging from the legal relationship between the parties to the protection of drivers themselves. The Ministry of Manpower acknowledged that the legal relationship between drivers and PJTOs had not yet been accommodated under the Manpower Law. Sumondang stated that if the agreements binding drivers and PJTOs were indeed a new type of mixed agreement, an amendment to the Manpower Law would be necessary. He also explained that the Ministry of Manpower had begun efforts to protect online transportation drivers by establishing a memorandum of understanding (MoU) with PJTOs to enroll their driver-partners in employment social security programs.
Meanwhile, Syafrin, Head of the Sub-Directorate for Passenger Transportation, explained that Minister of Transportation Regulation No. 108 of 2017 was issued in response to demands from various stakeholders. The regulation aims to accommodate public accessibility, establish orderly, safe, and comfortable transportation services, and encourage national economic growth. The regulation addresses several aspects, including public safety and security, the application of equality principles, business sustainability, consumer protection, and national interests. Based on his presentation, Syafrin stated that Minister of Transportation Regulation No. 108 of 2017 had fulfilled the philosophical, juridical, and sociological aspects required of a regulation. He further stated that the provisions of the regulation were sufficiently flexible and did not disadvantage online transportation drivers. The Ministry of Transportation had also introduced measures to protect drivers’ interests, including removable stickers and a vehicle inspection (KIR) system designed not to reduce the resale value of drivers’ vehicles.
During the question-and-answer session, participants raised several issues, including how the government regulates and supervises applications developed by PJTOs to protect drivers and whether the digital era should be viewed as a threat or a challenge for the government. The speakers explained that the authority to regulate and supervise online transportation service applications lies with the Ministry of Communication and Information Technology (Kominfo). However, at the time, Kominfo had yet to establish regulations specifically governing such applications. Nevertheless, the government continued to seek ways to protect drivers’ interests, including through employment social security programs. The speakers also emphasized that digitalization has had a significant impact on society and is an inevitable development. The key challenge is therefore to anticipate its effects and transform them into opportunities. Society must prepare itself, particularly by developing relevant employment skills. Otherwise, these changes may leave many people behind.
The seminar identified several issues requiring government attention as policymakers. These include the need for clear regulations governing the legal relationship between drivers and PJTOs to ensure adequate legal protection for drivers; the need to revise the Manpower Law to accommodate the interests of all parties and respond to developments in society; and the need for an effective monitoring mechanism to oversee the implementation of Minister of Transportation Regulation No. 108 of 2017. – LD
