If It's Just An Appeal, Giving THR For Online Drivers Is Difficult To Realize

Online motorcycle taxi drivers carry passengers on Jalan Raya Casablanca, Jakarta, Monday (23/10/2023). (ANTARA/Indrianto Eko Suwarso/rwa)

JAKARTA As long as there is no clear regulation governing partnership relations, President Prabowo Subianto's appeal is that all application-based transportation service companies pay holiday allowances (THR) to online motorcycle taxi drivers is difficult to realize.

Discussions on the provision of THR to drivers and online couriers were announced by President Prabowo Subianto after meeting with PT GoTo CEO Patrick Walujo and Grab CEO Anthony Tan as well as representatives of online motorcycle taxi drivers at the State Palace, Jakarta, Monday (10/3/2025).

According to the president, online drivers have made an important contribution in supporting transportation and logistics services in Indonesia.

"For this reason, the government urges all application-based transportation service companies to provide holiday bonuses to online drivers and couriers in the form of cash taking into account work activities," he said.

Regarding the amount and mechanism, the president handed over this issue to related parties. However, economist from the Center of Economic and Law Studies (CELIOS) Nailul Huda said President Prabowo's appeal did not have a clear legal basis.

"The THR problem, I don't think there is a clear legal basis. Is there a partnership system about THR? I doubt that. Actually, this partnership system does not know THR because its nature is 'businessing on its own', said Huda when contacted by VOI.

Previously, the Ministry of Manpower would require online motorcycle taxi application managers to provide holiday allowances (THR) to online motorcycle taxi drivers for Eid al-Fitr 2025. But a number of observers view the government as "playing safe", by simply conveying an appeal.

Deputy Minister of Manpower Immanuel Ebenezer Gerungan emphasized that the THR for ojol drivers is mandatory and will be regulated in circulars and ministerial regulations. The government will also impose sanctions on applicators who do not provide THR.

The appeal for application-based public transport companies to provide THR to ojol drivers has actually become a discussion in recent years. And every year too, it has always been a polemic.

The Ministry of Manpower is also working on regulations regarding the provision of THR for online drivers. Minister of Manpower Yassierli said his party was preparing THR regulations for online drivers and would submit them to service providers or applicators.

In terms of applicators, Yassierli stated that there was already a bright spot for THR disbursement. The applicator is already committed to looking for the best formula for THR disbursement for driver partners.

"Yes, we have conveyed that this is actually related to the THR yesterday, the entrepreneurs have also said that they understand and are trying to find the best formula that we are waiting for later," Yassierli explained.

However, Nailul Huda doubts that this discourse will be fulfilled by the company, especially since the government only uses the word appeal, instead of requiring the platform to provide THR.

The appeal, according to Huda, is also unfounded, due to the THR problem, which according to him does not have a clear legal basis.

"Is there a partnership system about THR? I doubt that. Actually, this partnership system does not know THR because its nature is 'businessing on its own', said Huda.

When forced, there must be a separate formulation regarding the calculation of the amount of THR. Is it of the average total income? Or the last month? This doubt is based on the lack of clarity regarding regulations, "he added.

Even if this appeal is granted, it will burden the company and will cause jealousy for other partnerships, so that it has the potential to demand the same thing. She gave an example of a housewife selling on an online platform.

Giving THR to online drivers, or other partnership-based businesses, is considered difficult for various companies to implement.

"As long as there are no rules governing this partnership relationship, it is difficult to realize the THR," he said.

Instead of providing THR, the most important thing according to Nailul Huda is social protection, such as health protection, work safety, and other social protection for partners, especially online motorcycle taxi drivers.

"The government and the Platform provide a special scheme for payment of protection for drivers, and there is sharing of loads to platforms, consumers and drivers," said Huda.

Contacted separately, legal practitioner Masykur Isnan explained that every public policy must be based on applicable legal provisions, including THR regulations and labor law, currently still regulates formal workers, namely a Specific Time Work Agreement (PKWT) and an Indetermined Time Work Agreement (PKWTT).

Meanwhile, these online drivers are included in the informal working group which is still not accommodated in the THR regulations.

The Minister of Manpower (Menaker) Yassierli gave a press statement at the Jakarta Presidential Palace, Monday (10/3/2025). (ANTARA/HO-Biro Press of the Presidential Secretariat)

"This is homework that must be completed through public policies and comprehensive and comprehensive regulations," said Masykur Isnan when contacted by VOI.

For this reason, according to Isnan, the government can take the best middle ground for all parties, one of which is providing incentives for providers who have good intentions in providing THR so that they can also ensure business continuity in the future.

"THR can encourage public purchasing power to increase and the economy will run in the momentum of the holidays and others so that this is also an important matter that all parties should consider," said Masykur Isnan.