Author(s): Elisabeth Sundari, Gerry Alvindo Daniel Munthe, Elizabeth Nurmiyati Tamatjita
Since the wrong choice of social justice theory will bring social consequences that can lead to social injustice in practices such as for workers, it is relevant to conduct a study to evaluate Pancasila social justice’ implementation in Indonesian’ labor law development. The purpose is to know whether there is a dynamic implementation of social justice’ substance, how far it protects workers and which of social power plays a role in determining social justice. This research uses the legal-doctrinal method supported with the statutory and conceptual approach on the Indonesian labor law development before and after the enactment of Omnibus Law of Job Creation 2020, together with Rawls, Mill, and Miller’s theories of social justice, and Hayek’ standpoint, as the data. The researcher will analyze the data qualitatively. There are three results of the legal issues. First, a different practice colors the essence of Pancasila social justice in developing Indonesian labor law. Second, the new Omnibus Law protects workers by providing specific treatments and protections to get equal rights, opportunities, wealth, and other benefits. It guarantees its fulfillment by establishing and enforcing punitive sanctions for employers who violate the essence of justice. Third, referring to Hayek's standpoint, the state as the social power plays a role in determining social justice for the workers in the Indonesian new employment legal policy. It concludes that there is a dynamic Pancasila’ social justice implementation in the Indonesian labor law development wherein the new Omnibus Law the state largely determines the essence of social justice. At the same time, the previous Labor Law of 2003 generally hangs up social justice for workers on the employer's side who typically have a conflict of interest. It indicates developing Hayek's opinion about social power as determining factor of social justice by meant that the state is a determining factor of social justice for the vulnerable group in the society, not the other social powers. The result of this study is beneficial to rethink the modifier regulation in implementing Pancasila social justice to protect vulnerable groups such as workers into a better condition.