Bestuur
Vol 10, No 1 (2022): Bestuur

‘Misclassified Partnership’ and the Impact of Legal Loophole on Workers

Nabiyla Risfa Izzati (Faculty of Law, Universitas Gadjah Mada, Yogyakarta)
Mas Muhammad Gibran Sesunan (University College London, Gower St, London WC1E 6BT)



Article Info

Publish Date
09 Aug 2022

Abstract

In Indonesia, the partnership model was previously popularized by gig companies. However, now it is spreading into various businesses, such as e-commerce, shipping, and start-up industries. Over the years, the extensive use of the partnership model is becoming problematic as it transforms into a "misclassified partnership," where a job that should be considered an employment relationship is instead misclassified into a partnership. This study uses doctrinal legal research completed with a statutory approach to finding an apparent legal loophole regarding the partnership model within Indonesia's regulatory space. The term "partnership" is not recognized by Manpower Law. Micro, Small, and Medium Enterprises Law, on the other hand, identifies the term partnership (kemitraan) but does not contextualize it within the current partnership model. The research also found that this legal loophole has been impacting the working conditions of workers under the partnership model, robbing their workers' rights and legal protection by law. The possible solutions to the issue are then discussed by looking at the good practices in other countries, such as the UK, France, Spain, and the US

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Journal Info

Abbrev

bestuur

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics ...