Social Security for Ride-Sharing Drivers in Indonesia: A Legal Philosophical Analysis
Rahmat Dwi Putranto, Yasmin Dwi Lestari
IBLAM Law School
Abstract
The sharing economy nowadays has become a global trend, including in Indonesia. Ride-sharing is one of the top-grossing sharing economy platforms. Indonesians are the worlds second-heaviest users of ride-sharing apps after Singaporeans, according to the Global Digital Report 2019. High demand for ride-sharing subsequently captivates people to become ride-sharing drivers. Unlike common workers, as a driver, they are not an employee of the ride-sharing application company but instead, they are independent workers. There is no employment relationship between the driver and the company, therefore, the companies don-t provide any social security for the driver. In the other hand, the government has to develop a social security system. The social security system in Indonesia differentiates contributions between salaried workers and non-salaried workers. For salaried workers, the employer has to pay the contributions of its employees, while the contributions of non-salaried workers (including ride-sharing drivers) fully paid by themselves. This research is empirical normative research that using a statutory approach and conceptual approach. In this research, we conduct legal philosophical analysis to examine the existing regulation of social security for ride-sharing drivers in Indonesia and to analyse which parties are liable to pay the contributions of the drivers social security. Findings of this research will help inform policymakers and regulators of the ideal scheme of liability for providing social security.
Keywords: social security, sharing economy, ride-sharing, digital platforms
Topic: Government and Policy