Analisis Ketenagakerjaan Indonesia di Era Digital terhadap Pemenuhan Jaminan Sosial Pekerja dan Implikasinya dalam Hubungan Industrial

Abstract

Digital transformation has changed the landscape of employment in Indonesia, creating new forms of work such as remote workers, freelancers, and on-demand workers. However, these changes have not been fully accommodated by existing labor regulations, particularly in terms of social security coverage and its implications for industrial relations. This study aims to analyze the legal status of the three types of digital workers within the framework of the Labor Law, assess the adequacy of social security regulations in accommodating changes in work patterns, and examine the implications of changes in employment relationships on industrial relations dynamics. The method used is normative legal research with a legislative and conceptual utilizing primary, secondary, and tertiary legal materials, and enriched with interviews with digital workers. The research findings indicate that remote workers generally fall under formal employment relationships, namely fixed-term contracts (PKWT) or indefinite-term contracts (PKWTT), even without specific regulations, while freelancers and on-demand workers, particularly online ride-hailing drivers, are often categorized as “partners” outside the formal employment relationship framework and thus do not receive full protection. The BPJS Ketenagakerjaan social security regulations are not yet fully adaptive to the characteristics of digital workers, where freelance and on-demand workers can only access the Non-Wage Earner scheme independently without employer contributions. Changes in work patterns also weaken the role of labor unions and dispute resolution mechanisms, and disregard normative rights such as fair wages, leave, and occupational safety and health (K3). It is concluded that Indonesia's labor regulations have not fully addressed the challenges of the digital era, necessitating inclusive policies that recognize the legal status of digital workers, expand the scope of social security based on flexible contributions, and strengthen adaptive industrial relations mechanisms.