UPH Successfully Hosts a Discussion Forum on Online Ojek Regulations, Featuring Credible Speakers

Online motorcycle taxi (ojol) services have been gaining popularity over the past years in Indonesia, facilitating people’s daily mobility. However, the convenience provided by online transportation service providers has yet to be accompanied by clear and specific legal protections for service providers, drivers, and passengers. In order to address this matter, on Wednesday, February 22, 2023, the UPH Doctoral of Law Study Program held an online and on-site seminar titled “Regulating the Online Motorcycle Service Business in Indonesia” at the UPH Postgraduate Campus in Jakarta.?

The Pelita Harapan University (UPH) discussion forum was attended by nearly 200 participants both online and offline and featured credible speakers, including Sudewo, S.T., M.T. from Commission 5 representing Gerindra Party and Urban Transport Development Section Head Merlando Yosua Sirait from Directorate General of Land Transportation Ministry of Transportation of the Republic of Indonesia. The keynote speech was delivered by Prof. Dr. Jur. Udin Silalahi, S.H., LLM from the UPH Law Doctoral Program, while Azas Tigor Nainggolan, a UPH Law Doctoral student, acted as the moderator. Dr. V. Henry Soelistyo Budi, S.H., LL.M Head of the UPH Master and Doctor of Law Program, also attended the seminar.?

Regulating the Ojol Service Business in Indonesia?

In his speech, Prof. Udin Silalahi noted that technological advancements in ojol companies in Indonesia have increased the community’s efficiency in carrying out their daily activities. Unfortunately, the efficiency provided is not accompanied by regulations for application companies, drivers, and passenger safety.?

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Prof. Udin Silalahi focused on five key points, as follows:?

• Parties responsible if an accident occurs with ojol (driver or company)
• Guarantee of safety for ojol passengers or other online transportation
• The Government’s role in addressing ojol related problems
• Procurement of regulations related to the fees of transportation services for drivers and their distribution with related companies
• Ojol driver role: partner or employee

In response, Sudewo, a member of the Republic of Indonesia DPR Commission, confirmed that no detailed regulations had been discussed in the DPR RI to provide legal protection for online transportation application companies (applicators), ojol drivers, and passengers.??

Sudewo praised UPH for hosting the seminar, which he believes is a concrete action and proof of the importance of obtaining regulations for online transportation in Indonesia. He also stated that technological advancements are unavoidable and beneficial to society. “The government and DPR are still looking for the right formula for regulating ojol in transportation services,” he said in his presentation.?

Merlando Yosua Sirait, a representative from the Indonesian Ministry of Transportation’s Directorate General of Land Relations, responded on behalf of the government. He displayed an outline of Ministerial Regulation 12 of 2019, which is used as a reference as the current “temporary regulation,” namely:?

• Safety Aspect is defined as the basic aspects that must be met by the Driver so that when driving a vehicle, they can reduce accidents to passengers, consisting of administrative and technical completeness of the vehicle.?
• Suspend, which is defined as a temporary cessation of the Driver’s operations.?
• Service Fees are used as a basis for calculating both the Driver’s welfare and the sustainability of a sustainable business.?
• Partnerships scheme to be discussed so that there is clarity of the relationship between Driver Partners and Application Companies.?

Dwi Putratama, a representative of Maxim Indonesia, a transportation application company, attended a seminar where he clarified the status of ojol drivers. Putratama emphasized that the company’s relationship with the driver is a partnership, rather than an employment contract. Maxim’s drivers are free to work for other companies such as Gojek or Grab, and there is no attachment between them. He also expressed hope that a legal framework will be established to protect businesses, drivers, and service users.?

Moderator Azas Tigor concluded the discussion and Q&A forum by stating that government regulation at the level of law is necessary to prevent future problems and ensure the safety of ojol users and drivers.?