REFORMASI HUKUM KETENAGAKERJAAN INDONESIA DALAM RANGKA MELINDUNGI HUBUNGAN KEMITRAAN

Abstract

based on the elements of work, wages and orders. There is no element of employment relationship and the basis of the partnership relationship in Article 1338 jo. Article 1320 of the Civil Code excludes partnership relationships in employment law along with labor law rights and protection. This is done using normative juridical research methods using a statutory approach, a conceptual approach and a comparative approach. The fact that partnership relationships are found in labor law is often used as a step to deny workers' normative rights. The view of partnership relationship patterns in the modern era, especially in the platform-based gig economy, has given rise to various arguments regarding the concept of partnership in the context of employment law, along with the elements of employment relationships that are based on employment agreements. Then this ended in the discovery of the urgency of reforming labor law which includes partnership relationships based on the principles of equal partnership, mutual trust, benefit, and oriented towards mutual progress, as well as forms of protection for partners in labor law such as minimum wages, social security, health security, and other normative rights.