PERLINDUNGAN HUKUM TERHADAP PEKERJA KONTRAK ELEKTRONIK DITINJAU DENGAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Abstract

The growth of the digital economy, particularly in the online transportation sector and application-based services, has given rise to new employment relationship models that are not fully regulated within the existing labor law system. This phenomenon has created disparities in information and rule enforcement between digital platforms and workers, such as online motorcycle taxi (ojol) drivers and startup employees, especially in the implementation of electronic employment contracts (e-contracts). The main issue examined is the form of legal protection for workers under electronic contracts regarding their rights, obligations, and legal certainty, considering that Law Number 13 of 2003 concerning Manpower has not explicitly accommodated digital-based employment models. This study aims to examine the legal protection for workers under electronic contracts in Indonesia. The method used is normative-empirical legal research, employing a statutory approach and direct interviews with digital company representatives (Grab and Maxim in Cirebon), four workers under electronic contracts, and a mediator from the Manpower Office as informants. The results of the study indicate that: (a) workers under electronic contracts generally have no room for negotiation regarding contract terms and only agree to standard systems through digital clicks; (b) there is no specific regulation or guideline that explicitly governs the protection of electronic contract workers; and (c) Law Number 13 of 2003 concerning Manpower has not adequately accommodated digital employment models with electronic contracts.

Keywords: electronic contracts, legal protection, legal certainty, digital economy, employment, workers' rights and obligations.