Standard Agreement for Online Transportation Partnership: A Review of Bargaining Positions and Agreement Norms towards a Fair Contract

Abstract

This study analyzes the legal position of partnership agreements between online transportation drivers and application providers such as Gojek and Grab in Indonesia. Using a normative legal research method through statutory and conceptual approaches, the study examines relevant regulations, including Law No. 20/2008 on MSMEs, Government Regulation No. 44/1997 on Partnerships, Civil Code Articles 1320, 1338, and 1618–1641, as well as Regulation No. 12/2019 concerning the protection of users of motorcycles for public transportation. The results show that the cooperation between drivers and companies is classified as a partnership contract rather than an employment relationship, meaning both parties hold equal legal standing. However, issues arise in practice, including unilateral tariff cuts, contract changes without prior notice, and unilateral termination of partnerships by companies. These findings indicate that while the partnership framework legally positions drivers and companies as equals, the implementation often disadvantages drivers due to asymmetrical power dynamics, necessitating stronger regulatory oversight and protection mechanisms.