Liability of Gojek Driver Partner towards Consumer in Gomart Feature-Based Goods Delivery Service

Abstract

Digital technology development has fostered integrated online transportation platforms featuring online shopping and digital wallet payments, creating complex multi-party legal relationships between consumers, driver-partners, merchants, and platforms. Problems arise when defaults occur, as driver-partners are disproportionately burdened with primary liability despite lacking control over the goods or payment infrastructure. This highlights a profound power imbalance within the digital ecosystem, where platforms leverage contractual structures to shift socio-economic vulnerabilities onto gig workers. This research aims to analyze the legal liability of Gojek driver-partners toward consumers in the GoMart delivery service, evaluate consumer legal protection, and critically examine the broader socio-legal implications of these digital labor relations. It employs a normative juridical method with statutory, conceptual, and comparative approaches, complemented by a socio-legal critique of platform control. The results show that while driver-partner liability is theoretically limited to distribution negligence, existing consumer protection frameworks (Law No. 8/1999) fail to accommodate multi-party digital complexities, leaving liability divisions ambiguous. The study’s core novelty lies in its departure from purely doctrinal analyses to demonstrate how this legal ambiguity actively reinforces the socio-economic precarity of drivers. By exposing how nominal "partnership" clauses mask asymmetrical platform control, this research contributes a vital socio-legal perspective to gig-economy literature, offering a theoretical framework for regulatory reforms that protect vulnerable digital laborers.

KEYWORDS: Driver Partner Liability, Consumer Protection, Consumer Loss, Go Mart Feature.