PUTRI, Ghaitza (2025) Comparative Study of Legal Protection Gig Economy In Indonesia And Spain. Skripsi thesis, Universitas Jenderal Soedirman.

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Abstract

The gig economy phenomenon offers a flexible work model based on digital platforms, but raises employment law issues. In Indonesia, gig workers, such as online motorcycle taxi drivers, are still categorized as partners, thus excluding them from employment relationships as stipulated in Law Number 13 of 2003 concerning Manpower. This prevents them from obtaining normative rights such as a minimum wage, social security, and protection from layoffs. In contrast, Spain, through its Riders Law (Real Decreto-ley 9/2021), recognizes platform workers as formal employees with full employment rights, including access to state social security, a minimum wage, paid leave, protection from layoffs, and transparency of the platform's algorithms. This study uses a normative juridical method with a statutory and comparative legal approach to analyze the differences in regulations, as well as the obstacles and efforts of the Indonesian government. The results indicate that Indonesia requires specific regulations to guarantee fair and equal legal protection for gig workers. Although the government has demonstrated an initial response through the development of general regulations and the facilitation of independent social security, these efforts remain insufficient. This study is expected to be a reference in formulating employment policies that are adaptive to the development of digital work. Keywords: Gig Economy, Legal Protection, Employment Law

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