Perlindungan Hukum bagi Mitra Driver Grab terhadap Kendala Operasional di Kelurahan Rampal Celaket Kecamatan Klojen Kota Malang

This study evaluates the legal protection afforded to Grab driver partners, focusing on the digital partnership contract and the enforcement of regulations concerning occupational safety. Interviews with five partners in Malang revealed that, although officially classified as “independent,” Grab exerts significant control over fares, sanctions, and account suspension. As a result, a hidden employment relationship (de facto employment) emerges without access to protections such as BPJS (social security), work insurance, or transparent appeal mechanisms. Existing regulations—Labor Law, Omnibus Law (Job Creation Law), Consumer Protection Law, and the Ministry of Transportation’s K3 regulation—have yet to effectively cover digital platforms. The study recommends revising contracts, strengthening regulations, and educating partners to ensure their fundamental rights, paving the way for a fair and equitable partnership.
As a solution, the study proposes regulatory reform for platforms, revision of standard-form contract clauses, implementation of basic protections (BPJS, transparent appeal systems), and the empowerment of partners through legal education and community advocacy. By adopting these recommendations, it is hoped that the relationship between digital platforms and app-based workers will become more just, balanced, and legally protected.