Combating Fake Order Cybercrimes Throughout Collective Legal Responses in Samarinda Rini Apriyani, Erich Extrada Neuflapu
Law Faculty Of Mulawarman University
Abstract
Digital platforms theoretically promise efficiency, yet the empirical reality demonstrates that online ride-hailing drivers are increasingly exposed to predatory cybercrimes, specifically fake order fraud. This research addresses a single critical inquiry: how can a comprehensive collective legal response dismantle the systemic barriers that currently deny legal protection to Maxim drivers in Samarinda? Utilizing a non-doctrinal socio-legal methodology, this study integrates primary data gathered through qualitative interviews with the Samarinda City Police and local management of PT. Maxim, alongside quantitative insights from questionnaires involving 56 active drivers. The findings reveal a distressing protection gap, as 94.6% of respondents confirmed being victims of fake orders, suffering significant financial losses without any compensatory relief from the platform provider. This vulnerability is sustained by the friction between obsolete Criminal Code frameworks and modern digital delicts, combined with overly rigid evidentiary requirements that stifle law enforcement efforts. Furthermore, the absence of explicit, protective legal clauses within corporate service guidelines exacerbates the precarious position of these digital workers. Ultimately, this research argues that moderating such digital abuse necessitates a robust collective legal response uniting statutory reform, proactive law enforcement, and mandatory corporate accountability to ensure absolute legal certainty and social protection for vulnerable gig workers.
