Our client, MC, is a single mother who struggles to be the backbone for her 8-year-old daughter and her mother. She works as a consultant at a restaurant in the Pantai Indah Kapuk area (“Restaurant”). MC deserves pro bono services because she is a victim of criminalization. MC was unilaterally terminated from her job (“PHK”). However, to date, the Restaurant has refused to pay MC his final wages and severance pay, which are her legal rights.
In an effort to demand her rights, MC was reported by the Restaurant to the Penjaringan Police Station (“Polsek Penjaringan”) on charges of embezzling approximately Rp4-6 million from the sale of used cooking oil. As a result of the report, MC has been detained since April 30, 2025, losing her only source of income and unable to pay for professional legal assistance.
We provide legal assistance to MC from the initial stage of industrial relations dispute resolution, police investigation, to court proceedings.
In their efforts to legally demand their rights, MC was faced with an unfair system. The Restaurant ignored all mediation calls from the Labor Department, despite official recommendations requiring payment of his rights. When the labor law route no longer provided justice, MC sought protection by filing a criminal labor report with the Metro Jaya Regional Police. However, because MC no longer wanted to have anything to do with the Restaurant, she decided to withdraw the police report.
Ironically, the criminal report filed by the Restaurant against MC continued. Without proper notification, she was forcibly picked up outside the city and treated as a suspect, even though she never received a follow-up summons. Amidst limitations and psychological pressure, MC was even encouraged to admit to acts she never committed, solely so that the case would be “resolved quickly”.
We actively encourage restorative justice to be implemented, given that the alleged damages are very small. MC has shown good faith by apologizing and withdrawing the report he had previously filed. However, the Restaurant continues to refuse. The legal process continues, not to seek justice, but to strengthen the position of the more powerful party.
At the hearing, we found that the indictment was prepared without thoroughness, and the evidence was based on contradictory statements and evidence of unclear origin. There was no evidence to show that MC received or used the funds for personal gain. Through this defense, we assert that this case is not a criminal offense, but rather a criminalized labor dispute. Behind the case file is a female head of household who lost her job, her rights, and her sense of security. Her struggle reflects that of many vulnerable workers who are still fighting for justice.
The verdict against MC was a momentous moment for the entire legal assistance process we undertook. After a long and exhausting series of hearings, the panel of judges handed down a sentence of 10 months in prison, minus the time already served. For MC, this decision has not yet fully delivered the substantive justice she had hoped for. However, behind the disappointment and exhaustion that accompany this outcome, there is the extraordinary determination, sincerity, and patience of a woman who, from the very beginning, has only demanded her rights as a worker.
Throughout the legal process, we witnessed firsthand how MC struggled to cope with pressure and uncertainty. She lost her job and income, and had to be separated from her child for months during her detention. Amidst this pressure, she remained cooperative and consistently stated that she had no malicious intent. This attitude reflects the extraordinary integrity and resilience of a female head of household facing a legal system that is not always impartial.
Through our Pro Bono services, we ensure that MC does not face this process alone. We accompany her from the investigation stage to the trial, file objections to the charges, present mitigating witnesses, and deliver a defense that highlights the employment context and gender inequality underlying this case. Although the final outcome was not as expected, this process has strengthened MC's legal position and opened the door for more humane considerations of justice in the future.
For MC, this assistance provides a sense of security and legal clarity. She has learned to recognize his rights as a citizen and as a worker. Although her sentence has not been commuted, MC can at least serve the remainder of her sentence with greater peace of mind, knowing that there are people who are fighting for her earnestly.
Psychologically, this assistance also had a significant impact. MC was able to get through her time in detention with greater stability, maintain communication with her child, and hold on to the belief that the truth would eventually be recognized. After the verdict was read, she said that what was most valuable to her was not only the outcome of the case, but the fact that there were people who believed in her and defended her sincerely, without expecting anything in return.
More than just a case, this matter serves as a reminder that pro bono work is not solely about winning, but about delivering justice to those who are most vulnerable. This assistance gave MC the courage to no longer remain silent, and affirmed that the law should be on the side of humanity and dignity.
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