Legal Analysis: Legality of Ojol Partnership Agreements and the Importance of the Principle of Fairness

The polemic surrounding tariff determination and commission deductions between online motorcycle taxi (ojol) drivers and application companies remains a heated debate. Professor of Business Law at Universitas Muhammadiyah Yogyakarta, Prof. Dr. Mukti Fajar Nur Dewata, emphasized that although the partnership scheme legally has a strong foundation, the aspect of fairness in revenue sharing remains a crucial concern for partners.

Discussions regarding commissions have become increasingly prominent following the issuance of Presidential Regulation Number 27 of 2026, which classifies ojol drivers as micro-business actors. This regulation also sets a maximum application commission cap of 8 percent, effective July 1, 2026. Mukti highlighted that this mechanism constitutes a standard-form contract, where clauses are unilaterally determined by the application company, leaving driver-partners with only the option to accept or reject.

From a contract law perspective, standard contract practices are considered common in the business world. However, Mukti warned that the formal legality of an agreement does not automatically guarantee fair substance. The main challenge currently is to ensure that the partnership business model not only benefits corporations but also guarantees the economic welfare of drivers who serve as the spearhead of the service.

Furthermore, Mukti explained that the application company's position as both a platform provider and a service marketer demands greater professional responsibility. Although the relationship between the applicator and the driver is not a conventional employment relation, the principle of balancing rights and obligations must still be prioritized.

In conclusion, he emphasized that the sustainability of the online transportation ecosystem depends on the company's ability to create inclusive business agreements. Harmonizing the profitability interests of the applicator and the welfare of partners is the main key to maintaining the sustainability of the digital-based transportation sector in Indonesia.