DPR Encourages Legality Of Ojol Driver Status: There Are Millions Of People To Protect!

Photo by Fikri Rasyid on Unsplash

JAKARTA - Thousands of online motorcycle taxi drivers (ojol) and online couriers today held demonstrations at a number of points in the Jakarta area with the main demands regarding service rates between goods and food that have not been regulated by the Government. Commission IX of the DPR RI assesses that the problem regarding ojol drivers will continue to grow as long as the status or legality is not clear.

"This ojol problem is compounded because the relationship between the applicator and the ojol driver is not a work relationship but a partnership, so the protection of ojol drivers as workers becomes difficult because there are no rules yet," said Commission IX member Rahmad Handoyo, Friday (30/8/2024).

As a partner of online transportation companies, it means that ojol driver income still depends on whether the driver is active in taking orders. This is one of the guidance from today's ojol driver demonstration where they asked the Government to legalize the professional status of online ojol drivers in a government policy regulation so that applicators do not make rules unilaterally.

Therefore, Rahmad encouraged the Government to pay more serious attention to the legality of ojol drivers as a partnership profession.

"This is an unfinished problem, it is in their status where there is no legality. So if you want to demand a clear tariff from the applicator, their position is not strong," he said.

Rahmad emphasized that the clarity regarding the status of online drivers must be resolved immediately. When there is clarity on professional legality, other issues will be aligned through binding rules.

"Say whether it is included in the category of Work Agreement with a Specific Time (PKWT), or maybe a new type of job as a partnership work profession whose rules are compiled through government regulations so that the driver's position is clear so as to make social protection for them, at least THR or whatever the name is," explained Rahmad.

With clear certainty, according to Rahmad, various other elements of ojol driver protection as a worker will automatically also have certainty.

"Including in terms of delivery rates for goods or couriers and deductions from applicators, it also does not become one-sided," said the legislator from the Central Java V electoral district.

The demonstration was carried out by thousands of ojol drivers because they objected to the tariff burden set by the operator. Ojol drivers hope that the Government can take part in this issue through Permenkominfo No. 1 of 2012 concerning the commercial post service tariff formula.

In Article 1 paragraph 5 of the Minister of Communication and Information, the Government does not participate in setting commercial post service rates. This means that the tariff is left to the market or to each company where tariff cuts for operators continue to rise, until finally they range from 30% of the total tariff discount from initially only 10%.

Ojol drivers also asked the Government to re-evaluate and monitor the form of business activities and applicator programs that are considered to contain elements of injustice to online motorcycle taxi driver partners and online couriers in Indonesia.

"Because there is no clarity on the status of the driver, the final rule is not yet detailed. The applicator part is in Kominfo, then later there will also be the Ministry of Transportation for transportation, while the employment status itself does not get attention," explained Rahmad.

"Finally, the protection of welfare for ojol drivers has not yet received an excess portion even though there are many residents who are currently ojol drivers," he continued.

Based on information from GARDA (Women's Two-Wheel Connectance) in 2020, there are more than 4 million ojol drivers spread throughout Indonesia.

"This means that there are millions of people who must be protected by the Government in terms of welfare, this does not include the families of ojol drivers in their respective homes," said Rahmad.

Commission IX of the House of Representatives (DPR), which addresses employment matters, also urges the Government to immediately discuss and draft labor regulations for ojol drivers. Rahmad assessed that this is important considering that the number of ojol drivers has the potential to continue to increase at any time.

"Because the online motorcycle taxi driver profession is also often a stepping stone for people who have not found a permanent job to earn income. Moreover, currently the unemployment rate in Indonesia continues to grow," he explained.

"Many layoffs are everywhere now, and many of them have been laid off, many have chosen to make online motorcycle taxis a search field to meet their daily needs," added Rahmad.

Although the type of work of online drivers is temporary for those who make it a stepping stone, Commission IX of the DPR considers that it does not mean that their welfare becomes a level depending on the applicator's policy. Rahmad emphasized that there must be certainty of rules for the protection of ojol drivers.

"And it is very important that the State is here for these ojol drivers because ojol has become the daily needs of the community. Even important officials and figures also like to use ojol services," he said.

"So pay more attention, don't just make non-formal workers continue their welfare neglected. It's clear through the legality of their status," added Rahmad.

Rahmad explained, this ojol problem is a complex because there is no legality in the status of partnership work positions such as ojol drivers so that the rules are included in the business to business domain.

"Finally, there was a tariff war between applicators, which ended up being the driver again as a victim. Meanwhile, the role of ojol drivers also helped the economic movement," he said.

For now, Rahmad also encourages the Government to give advice and warnings to operators to adjust tariff cuts that do not harm drivers and consumers. He asked the platform to consider the workload of drivers who are on the road on a fairly high safety risk.

"If they are wrong, they will immediately get a penalty with the termination of a partner. This means that there must be equally big guarantees for their welfare protection," said Rahmad.

Commission IX of the DPR also encourages the Government to carry out intensive coordination with application operators, as well as ojol driver unions. Rahmad hopes that there will be a middle ground that will be obtained from the demands of online motorcycle taxi drivers.

"Yes, on the other hand, for the settlement, they need to sit down together to find a win-win solution so that basic things are considered. The government must facilitate it," he said.

In the future, Rahmad assesses that a comprehensive solution is needed regarding the fate of the status of an ojol driver regarding professional legality and tariff rules. According to him, rigid rules are needed so that there is no impression of exploiting workers.

"If it is not clear, it means that there is an impression of exploitation. Because social protection and other rights are not heeded or ignored," said Rahmad.

Rahmad emphasized that the welfare of online drivers and couriers must also be considered, including providing health and security guarantees because the work of online ojol drivers is quite risky. Rahmad encouraged the Ministry of Manpower, the Ministry of Communication and Informatics and the Ministry of Transportation to discuss together with online transportation companies about protection for ojol drivers.

"Create clear rules, cross related agencies. Give clarity on the position of this ojol driver," said Rahmad.

The Indonesian House of Representatives and the Ministry of Manpower have also discussed plans to give THR (holiday allowances) to online drivers. However, to this day there is still no clarity because there is no legality of the ojol driver profession in the nature of partnership with the company.