Jurnal Cendikia ISNU SU
Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026

Worker Protection in the Gig Economy: Reformulating Indonesian Labor Law through Positive and Islamic Law Perspectives

Ending Solehudin (UIN Sunan Gunung Djati, Bandung)
Khairunnisa Siregar (Universitas Negeri Yogyakarta)



Article Info

Publish Date
30 Sep 2026

Abstract

The development  of the gig economy based on digital platforms creates work flexibility, but at the same time creates uncertainty about the legal status and worker protection gap in the Indonesian labor system. This study aims to analyze the adequacy of Indonesia's positive laws in protecting gig economy workers  and formulate a legal reformulation model based on the perspective of positive law and Islamic law. The research uses normative legal methods with legislative, conceptual, comparative, and Islamic law approaches. Legal materials are analyzed qualitatively and prescriptively to identify legal gaps and formulate more adaptive legal constructions. Research shows that formal status-based protection approaches are inadequate because platform control takes place through algorithms, incentive systems, ratings, job distribution, and deactivation. Reformulation needs to use substantive indicators in the form of control, economic dependency, risk, and the factual character of the employment relationship. The principles of 'adl, ijarah, maslahah, ḥifẓ al-māl, and ḥifẓ al-nafs reinforce the orientation of these protections. The layered protection model is more relevant than the binary classification of workers and partners. Indonesia needs to establish a work platform regulatory framework  that guarantees fair remuneration, portable social security, occupational safety, algorithmic transparency, data protection, and access to justice by taking into account the development of ILO Convention No. 193 of 2026.  

Copyrights © 2026






Journal Info

Abbrev

jcisnu

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...