Ketidakpastian Status Hubungan Kerja dalam Ekonomi Digital

Studi Pada Shopee Indonesia dan Implikasinya terhadap Perlindungan Hukum Pekerja

Abstract

The uncertainty of employment status in the digital economy constitutes a significant legal issue arising from the mismatch between conventional labor law frameworks and platform-based work practices. This study aims to analyze the uncertainty of employment relationships in the digital economy, particularly in the context of platform companies such as Shopee Indonesia, and to examine its implications for workers’ legal protection. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that the relationship between platform workers and companies is formally constructed as a partnership; however, substantively it reflects elements of an employment relationship, particularly in terms of control, economic dependency, and algorithm-based work management. This ambiguity results in the fulfillment of workers fundamental rights, including social security, income certainty, and legal protection. Furthermore, the lack of transparency in algorithmic systems exacerbates the potential for injustice within such working arrangements. Therefore, there is a need for a more adaptive legal policy formulation that emphasizes a substance-over-form approach, recognition of platform workers, and the strengthening of legal protection mechanisms that are not solely dependent on the formal classification of employment relationships.