Legislative Provisions Concerning Social Security for Online Ojek Drivers in Indonesia

Indonesia's dense population is one of the triggers for the development of online transportation. In addition, many of Indonesia's workforce has low competence or non-skills, so the online motorcycle taxi profession is an option to be able to make ends meet. On the other hand, the status of online ojek drivers is partners, so there is no binding legal principle to be able to fight for the driver's welfare rights. Based on this background, this study aims to describe social security for online drivers based on aspects of legislation, so that it can be used as input for online transportation service providers to be able to make appropriate social security policies. To answer this, this research uses a qualitative approach with descriptive analysis. The method used to reveal the research phenomenon is the literature review method. Meanwhile, the data source used in this study is the law on work social security. The research topic is social security for online drivers in Indonesia. The results of the study show that in general the state has regulated labor welfare, as explained in Article 34 of the 1945 Act. However, specifically, the government has not provided regulations or laws that explain employment guarantees for workers in the online transportation sector. This condition is a loophole for online transportation entrepreneurs not to provide social security for their partners (online drivers).


INTRODUCTION
The rapid development in the field of online transportation in Indonesia began with the emergence of several pioneering companies such as the Karya Anak Bangsa application with the Gojek application which was the first road opener in Indonesia. Not long after that, other companies engaged in the same field also contributed to developments in online transportation business competition.
Article 1 paragraph (3) of the 1945 Constitution, states that Indonesia is a state based on law. One of the ways in which Indonesia's framework as a rule of law is interpreted is by realizing the fifth precept (Yorisca, 2020), which emphasizes social justice, including in the field of labor relations justice. Definitively it is described that the employment relationship is a relationship that exists between employers and workers based on work agreements both for a certain time or not, which contains elements of wages, orders, and work (Michella & Edalmen, 2022). The legal instrument as the main basis, the constitution of article 27 paragraph (2) which reads: "Every citizen has the right to work and a living that is worthy of humanity". Existing legal instruments are realized to guarantee the right to work and a decent life (Hanifah, 2020) In principle, the rights that the law itself tries to protect against workers include the right to guarantee work safety and health, the right to a living wage, and the right to social security (Kahpi, 2018). The companies engaged in technology that have been mentioned are able to establish hundreds of thousands of partnerships with drivers. Theoretically, the notion of a partnership relationship is a business strategy carried out by two or more parties within a certain period of time to gain mutual benefits with the principle of mutual need and mutual support (Raharjo, 2019). Because it is a business strategy, the success of the partnership is largely determined by the existence of compliance between partners in carrying out business ethics (Sari & Sastrawati, 2021).

THEORY
In civil law, partnership relations in partnership agreements are subject to the form of civil partnership regulated in Article 1618 of the Civil Code up to Article 1641 of the Civil Code. Apart from that, there is specifically Government Regulation Number 44 of 1997 concerning Partnerships (PP Partnership). Other than that as part of a contractual relationship agreement orbeatingwhich gives rise to an alliance between the two parties, then the principles of the agreement in general apply to the parties and must fulfill the conditions of the validity of the agreement as stipulated in article 1320 of the Indonesian Civil Law, and the partnership agreement that is legally made will be valid as a law for the parties who make it (Khalid, 2019).
At a practical level, the partnership relationship that exists between the driver and the company creates a problem of its own (Mawanda & Muhshi, 2019). The existence of this partnership has a different meaning from that regulated by government regulations regarding partnerships. In article 2 it is stated: "Partnerships in the context of business linkages are organized through patterns that are in accordance with the nature and objectives of the business being partnered with given the widest possible partnership opportunities to Small Businesses, by the Government and the business world." This definition regulates parties who are domiciled as a company, both legal entities and nonlegal entities. But in the form of a transportation partnership relationshiponline placing companies in partnership with individuals (Alawiyah & Gultom, 2023). Because of this partnership relationship with individuals, the engagement that is formed is often closely associated in the form of an employment relationship between employer and employee.
The closeness of these two things ultimately creates a demand for the fulfillment of protection for the individual partners (Rozan & Syawali, 2022), one of which is in the field of social security which is part of fulfilling rights from labor law.
According to Law Number 24 of 2011 concerning the Social Security Administrative Body, social security is administered by the Social Security Administering Body. The form of social security provided by the state is Health BPJS which is generally applicable to all people, and Employment BPJS which is the right of workers. BPJS Employment consists of four programs, namely work accident insurance, old age security, pension security; and death benefits. Partnership relationships that uphold the principle of equality and relationship efforts that provide 'mutualism symbiosis' to the parties, so there is no position that places one party as an employer and the other is a worker (Prananda & Aidi, 2019). So that companies are not obliged to register drivers as BPJS Employment workers as stipulated in article 15 paragraph (1) of the BPJS law . Besides that, the need for social security for employment for drivers is an urgency, because until 2022 the number of traffic accidents in Indonesia is still very high, reaching 1 million incidents every day, dominated by productive ages.

METHOD
The method in this research is normative legal research. The approach method that will be used in this study is a normative juridical approach in the form of understanding norms, rules and principles with literature studies. This study uses basic data in the form of secondary data, which is obtained from official documents, books from various literature related to the object of research. The nature of this research is descriptive, namely by revealing legal truths related to social security protection for online transportation drivers as workers outside the employment relationship.

Legal Protection of Labor Social Security
Today we can see one of the workers in the informal sector, namely transportation servicesonline. Facts on the ground, that transportation driversonline have not enjoyed decent work and status as informal workers (Utami, et al., 2020). Increased income after becoming a transport driveronline not accompanied by progress in work relations and aspects of protecting workers for their performance as drivers (Nugraha, 2020). On the other hand, the asset value of a transportation application provider companyonline rose sharply to tens of trillions of rupiah.
There are several conditions for transport driversonline which Prakarsa managed to summarize in its 2017 survey results. First, transport driver working hoursonline which is not fair. Second, earnings are not as good as reported. Increased transportation revenueonline when converted to net income it turns out to be insignificant when compared to the sacrifice of working hours due to transportation operational costsonline from also high. Third, weak job protection. Referring to Law Number 22 of 2009 concerning Traffic and Transportation, motorbikes are not included in the category of public transportation. This is a separate discourse in the problem of two-wheeled transportation. In addition, the highest number of traffic accidents in Indonesia are still caused by two-wheeled vehicles. Fourth, the employment relationship gap. There is a high relationship gap between application provider owners and transportation driversonline or partners (Kamim & Khandiq, 2019). Hence the transport driveronline cannot claim their rights as workers and they are conditioned by the status of workers in the informal sector because their work relationship is in the form of partners . Fifth, health and employment social security such as BPJS is inadequate. Transport Driveronline most do not have any social security as online motorcycle taxi drivers. Of those who have social security, the majority are participants in the national health insurance either independently or as participants who receive contribution assistance from the government. Only 23% of transport driversonline who have accident insurance, but the ownership of the guarantee also comes from where they worked before. This means that social security is not carried out by online transportation application companies.
Drivers only get insurance on conditions when they are carrying out their job of transporting passengers or picking up orders. whereas when they drive when they are not The number of conflicts between transportation providers causes job risks as transportation driversonline relatively high (Maria, 2019). Transport driveronline also cannot be separated from facing a high risk of road accidents (Hartoyo, et al., 2022).
Transport driveronline almost half do not have any social security. Responding to this, the government through the BPJS issued a policy namely that BPJS Employment classifies the informal sector, namely in the categorization of non-wage earners.
According to BPJS Ketenagakerjaan, workers who are categorized as outside work relationships or based on partnerships do not include wage earners, including online motorcycle taxi drivers.
The embodiment of the mandate of Article 34 of the 1945 constitution was actualized by the government by implementing and implementing the Employment BPJS National Social Security System. The purpose of the establishment of BPJS is in an effort to provide protection for all workers to overcome risks that will be faced in unforeseen conditions.
The substance of social security is long-term and short-term (Hartoyo, et al., 2022), long-term categorization, namely old age security, death, termination of employment and pension security. Mutual cooperation-based social security funding that is carried out jointly by the community with forced efforts if they become members of the social security. Regular social security is carried out only to those who are able and willing to pay without the principle of mutual cooperation. Coercion of social security contributions such as taxes is a must for the continuity of market mechanisms (no coercion) fails to meet the goals of social security. Commercial insurance can only provide guarantees to those who are willing and able to buy it (Ganie, 2023) The number of informal sector workers reached 72.67 million people. Even though there are already many informal groups that are guaranteed in the Central and Regional Contribution Assistance Recipients and Non-Workers groups. Informal workers contribute to participation in the proper implementation of employment schemes.
Currently, the government, through voluntary participation schemes with work accident or death benefits, is making efforts to provide lower contributions. Based on BPJS Health  In this case transportationonline is an agreement relationship that is a partnership, not an employment relationship, therefore the company is exempt from the obligation to meet the minimum wage, overtime pay, social security (health, pension and employment, as well as holiday allowances). And as it is known that the participation of informal workers in social security is only voluntary (Cicih, et al., 2022). However, basically everyone, apart from Employers, Employees and Recipients of Contribution Assistance, who meets the requirements for participation in the Social Security program is required to register himself and his family members as Participants with the BPJS, in accordance with the Social Security program that he participates in. Therefore, transport driversonline must register themselves as participants with BPJS. Transport driveronline including as nonrecipient participants. When viewed from the aspect of legal certainty, legal certainty is the existence of clear scenarios of behavior that are general in nature and apply to bind all citizens, including the form of legal consequences. Legal certainty also means what can be determined from law, in concrete matters. Regulations regarding Social Security that are spread across various legislative products have thoroughly regulated both workers in employment relations and those in the informal sector so that the behavioral scenarios that must be taken by the parties are clear so that the policy is able to reflect the principle of legal certainty.

Regulation of the
Meanwhile, in terms of the aspect of legal protection, according to Azhar Usman, legal protection is "all efforts that guarantee legal certainty to provide protection to related parties, besides that legal protection is a protection provided by the government to protect and guarantee the rights and the interests of the parties, so that the rights and obligations of each party will arise. Attempts have been made by the state to fulfill the right to a guaranteed and safe working environment to protect BPU workers who do not have the role of an employer to take care of their social security as workers. So that social security becomes an obligation and right simultaneously to be owned by BPU workers or employees to provide protection from risks that may be obtained in the work process.
The experience of many countries, none of which is able to force all informal sector workers to pay regular premiums. So that there are various theories developed by experts to reach the informal sector. Therefore to overcome it in two ways: First, the government provides full class 3 premium subsidies to all informal sector workers. This is the fastest, easiest, and most efficient option.

CONCLUSION
Based on the results of the study, it is necessary to have social security for workers, both with formal and informal employee status. Even though it is not specifically regulated, the state has provided a legal basis through the 1945 constitution article 34 paragraph 2. Employers and workers must synergize in providing such social security in an employment relationship, but later this does not apply to online driver relationships.
with the company because it is only based on a partnership relationship. This partnership relationship is then classified as the informal employment sector. Although the participation rate is still low.
Then, the government must continue to seek accommodation with the existence of Permenaker No 21 of 2017 concerning Tata How to Organize the Work Accident Benefit, Death Benefit, and Old Age Benefit Programs for Non-Wage Beneficiary Participants. As an informal worker group, the Company has no obligation to register Drivers as Social Security Participants, but this is mandatory for online motorcycle taxi drivers to register themselves. Thus, it provides an overview of how the state has endeavored to guarantee legal certainty to the parties to both the Company and the Driver regarding the rights and obligations of the agreement underlying the relationship between the two.