Legal Protection of Online Taxi-bike Driver from Work Accident in Indonesia

Abstract

Rapid technological developments have implications for the development of online transportation modes, one of which is Taxi-bike online. Many online Taxi-bike transportation drivers generally carry out professions with the status of a partnership relationship pattern with the company as the partnership is regulated in a civil law agreement. The pattern of relationships that occur between online Taxi-bike drivers and companies that are not based on a working relationship has an impact on the invalidity of Law Number 13 of 2003 concerning Employment, one of which is related to the absence of legal certainty over guaranteed work safety protection for online Taxi-bike drivers. This research provides an understanding of how online Taxi-bike drivers stand with companies and how to guarantee legal protection for work safety for online Taxi-bike drivers according to regulations in Indonesia. The research method in this research is normative juridical with the approach of library materials or secondary data. The results of this study indicate that first, the Taxi-bike company as a partnership-based transportation company has not provided guaranteed protection for the recognition of legal status for its working partners, in this case, the online Taxi-bike driver. Second, there is no regulation on work safety guarantees for online Taxi-bike drivers that are based on partnerships or have not been regulated in laws and rules, so this reason is used as the basis for online transportation companies not to provide compensation or compensation when an accident occurs to online Taxi-bike drivers.