Justice on Paper
Law is often understood as a tool to create justice. In theory, every citizen holds an equal position before the law. However, in reality, many marginalised members of society, particularly workers, must endure long, exhausting, and uncertain journeys just to obtain their basic rights.
This story is not merely a matter of industrial relations between a company and its employees, but a real depiction of how law functions within the social fabric of society. Using a socio-legal study approach, this piece attempts to view the law not just as a collection of rules and decisions on paper, but as a social reality experienced directly by the community.
This case demonstrates a massive chasm between formal legal victory and the realisation of actual justice. This is a true story that I, Aprillianty, experienced personally. I began working at PT Timur Properti Investindo (PT TPI) on 1 February 2016.
During my tenure, life proceeded normally as in any standard employment relationship. However, circumstances changed abruptly in March 20lar0. Without any prior warning, the company owners declared an inability to meet their obligations to the workers. Employees were left without any clarity regarding their rights.
As a worker, I attempted to seek explanations from the company’s shareholders, namely Eric Harjono and The Antonius Fregianto. Requests for clarity were made repeatedly, yet never received a definitive answer or resolution.
In such a position, my colleagues and I were in an extremely vulnerable state. On one hand, we lost our source of income, while on the other, we had to face a company possessing far greater power and resources.
The Struggle for Justice Through Legal Channels
Because I could not reach a settlement, I eventually reported the case to the South Jakarta Sub-Department of Manpower and Transmigration. The journey was not easy; the lengthy process drained my energy, thoughts, time, and mental well-being.
After a long and winding process, on 13 December 2021, the South Jakarta Sub-Department of Manpower and Transmigration issued Recommendation Letter Number 6743/-1.835.3, stating that PT Timur Properti Investindo was obliged to fulfil its obligations to the workers.
However, reality remained unchanged. The company failed to carry out its obligations despite the official recommendation from a government agency. In this situation, it became evident that administrative law is not yet strong enough to compel those with economic power to comply with regulations.
Nevertheless, I did not surrender. The belief that justice must be fought for led me to bring the case to the Industrial Relations Court at the Central Jakarta District Court Class IA Special.
With limited legal knowledge and no significant power behind me, I faced the legal process alone. That long struggle finally resulted in Industrial Relations Court Decision Number 57/Pdt.Sus-PHI/2020/PN.JKT.PST dated 12 July 2022, which ruled in favour of my rights as a worker. Yet, that victory felt as though it existed only on paper.
A Victory That Cannot Be Felt
A court decision should symbolise the presence of state justice for ordinary citizens like myself. However, in reality, up until 2026, those rights have still not been fully realised.
The company owners still operate other businesses. The company continues to run despite changes in management. Efforts to approach the shareholders and demand the fulfilment of obligations continue, but to no avail. Those in power feel they possess absolute authority and can act as they please, disregarding the harm caused to others.
Herein lies a major issue within Indonesia’s labour law system: the weak enforcement of court decisions. Many workers are able to win cases legally but fail to obtain their rights in practice because the execution process is difficult, lengthy, and requires significant economic power, legal knowledge, and influence.
This condition raises a fundamental question: what is the meaning of a legal victory if justice cannot truly be felt? For the common people, an unenforceable legal victory is akin to a false freedom. Formally, one is declared the winner, but in reality, one remains shackled by powerlessness.
This state can be likened to a bird in a cage that is alive but not truly free. Or, we are declared independent, yet we are unable to voice that independence!
Socio-Legal Study Perspective: Law and Power Imbalance
From a socio-legal study perspective, law does not exist in a vacuum. Law is always influenced by power relations, economic conditions, and the public’s access to justice.
My case illustrates the imbalance between workers and capital owners. Companies possess greater resources, connections, and resilience compared to ordinary workers. Conversely, workers often suffer from minimal legal literacy, lack understanding of legal procedures, lack the funds for legal representation, and easily experience mental exhaustion during the process.
Consequently, the law can often only be optimally accessed by those with economic strength and knowledge. Meanwhile, the common people must struggle for years just to obtain rights that are already guaranteed by law.