15. Employment trends show that technological advances have resulted in massive informalization
of the workforce so that the digital and creative economy absorbs a lot of workers. The massive
informalization of the workforce is not accompanied by guaranteed enjoyment of the right to
work and a decent living for workers in these sectors. The Job Creation Law and its
implementing regulations do not include workers with non-standard and vulnerable forms of
employment relationship (precariat workers) in its regulation. This is an implication of the
government's neglect of the rights of precariat workers as a group of workers who also have the
same rights as formal sector workers.
The Phenomenon of Precariate Workers in Indonesia
A. Ignoring the Rights of Online Driver (Ojek Online) Workers Through Partnerships
16. In 2020, there are at least 4 million online drivers, both motorbikes and car drivers, in Indonesia
who join platform companies (digital) as partners. The concept of partner workers perceived as
exploitation of online drivers, from their perspectives, because they do not provide protection
according to the provisions of the applicable labor regulations in Law no. 13 of 2003 concerning
Manpower jo. Job Creation Law. Apart from not providing protection, the relationship between
platform companies (digital) and drivers is also very lopsided, where drivers do not have a
bargaining position in making policies related to their work. One example is the one-way
decision of platform companies in determining service rates, profit sharing discounts, and
changing incentive policies without an agreement with drivers.15
B. Exploitation of Homeworker Without Work Accident Insurance
17. Homeworkers have vulnerabilities due to the lack of clarity on work contracts. Generally,
Homeworker are carried out by women as an effort in earning a living for the family. Not
infrequently the work also involves children to speed up the works.16 Their vague status and
without a clear contract, make employers ignore their responsibility to fulfill their workers'
rights.17 Working hours that are more than eight hours in a day, are not commensurate with the
wages earned so they experience work exploitation. Homeworkers work without job security
and have to deal with uncertainties, put them in the most vulnerable situation because this type
of work can be easily moved and replaced.18
18. This vulnerability got worse during the time of the COVID-19 pandemic which caused many of
the homeworker lost their jobs. Regarding the right to social security, the guarantees from BPJS
Ketenagakerjaan (Employment Social Security System) also cannot be enjoyed by homeworker.
The low bargaining position between workers and employers is due to the low level of education
of the workers who generally do not attend school or only graduate from primary school. In the
midst of various labor policies in Indonesia, up to now it has not accommodated the recognition
and protection for the work and protection of domestic worker, including the Job Creation Law.
As a result, homeworker are highly vulnerable to occupational exploitation and do not have
access to protection for their rights to work and a decent living.
15
Komnas HAM RI, Review on Job Creation Law (Tinjauan atas Undang-Undang Nomor 11 Tahun 2020 tentang
Cipta Kerja dan Peraturan Pelaksanaannya Pada Klaster Ketenagakerjaan terhadap Hak Atas Pekerjaan dan
Penghidupan yang Layak Bagi Pekerja Prekariat), 2021.
16
An interview with a trade union activist in North Sumatra and public discussion organised by Komnas HAM
on the Job Creation Law in Jakarta, 2021.
17
Opcit.
18
Opcit.