On May 19, 2021, after more than a year of hard work, the South Jakarta Court No. 1072 Chinese Citizens v. Indonesian Citizens Breached the first-instance verdict. In addition to returning the principal, the Indonesian defendant must also pay high compensation. Queen Law Firm once again helped the client get justice back.
Of course, before the Chinese clients decided to start the lawsuit, there was also a fierce ideological struggle. After all, the clients need to complete the notarization and certification of the power of attorney in China and pay high attorney fees. Moreover, the clients must also bear the risk of losing the case. However, clients ultimately choose to protect their legal rights through legal means, because many things cannot be measured solely by economic benefits. The psychological pain caused by torts often makes the victims fight back, even without worrying about the economic gains or losses. As the German jurist Rudolf von Jhering said:
“The aim of the plaintiff’s suit to defend his rights from despicable humiliation is not a trivial matter, but an ideal goal of affirming his own personality and sense of law. Compared to this end, all the sacrifice and pain it causes is nothing for the right-holder – the goal is compensating for the means. The victim’s cries for filing a lawsuit not for monetary gain, but for ethical suffering from suffering an illegal offense.” (Rudolf von Jhering, The Struggle for Law, p. 21)
Feelings of law are feelings that people in a healthy society should have. So, what is the feeling of the law? For example, when we are queuing at the supermarket and suddenly someone comes and doesn’t want to queue, do we feel uncomfortable in our hearts? So, what’s the level of this discomfort? And will this mental pain compel us to stand up and accuse his behavior? This is a feeling of law. In other words, the healthy feeling of the law will directly lead to community rejection of actions that violate their rights. The better the legal education and law enforcement environment of the whole society, the healthier the legal sense of the community, the more concerned they are about their own rights, and the more courageous they will be to fight against violations of their own rights.
Apart from their own material value, rights also have ideal values because of their combination with personality. Violation of rights will result in loss of property and insult to the victim’s personality. Personality is the most essential difference between humans and animals. If one’s personality was lost, then it would be no different from a walking corpse. In many of the cases we have handled, the actual amount of money involved is not very large, but the client insists on suing or reporting the case because the client believes that even though his rights have been violated, he has not only lost money but more of his personality. This is an insult to the victim by the perpetrator. If the victim chooses to remain silent, he will be subjected to mental torment for a long time at a later date. As a person of a complete and healthy personality, he must have a healthy feeling and awareness of the law. He must dare to fight when his rights are violated in order to safeguard human dignity and alleviate the emotional pain of the law. This is a kind of Spiritual self-protection. Then, maintaining rights becomes an obligation that must be carried out by individuals.
Likewise, many clients will say to us: “I’m not doing this for myself, but to teach others a lesson, so that she won’t do the same for others in the future.” These are citizens in a healthy society, I highly commend the necessary awareness. The progress of a society depends on the efforts of everyone. It is clearly unfair and immoral for people to just step back and expect others to stand up and face rights violations. The remaining people will endure a lot more pressure. This is clearly unfair and unethical. Of course, this also cannot be separated from the support of the national law enforcement apparatus. If the state law enforcement apparatus only tries to mediate differences by sacrificing principles or even reversing black and white, it will cause the whole society to misunderstand what is called “judicial murder.” People will not be sure what is right and what is wrong. People no longer dare to defend their rights. More and more people are choosing silence, choosing to flee, and choosing not to believe in the law anymore. Then the laws of this country will no longer be respected, the country has no international status at all, and its people will not be respected by the people of other countries. Only the healthy and strong sense of the law of each person is a very rich source of national strength and a sure guarantee for independence at home and abroad. Therefore, safeguarding rights is also an obligation that must be carried out by all levels of society.
Finally, end with a passage from Rudolf von Jhering:
“When law and justice are rejuvenating in a country, it is not enough for judges to wait for trial in court and police patrols. It is necessary for everyone to do their best to assist. Those who are protected by the law should do their best. What it can do to protect the power and prestige of the law. In the interests of society, everyone is a natural fighter who fights for rights.” (Rudolf von Jhering, The Struggle for Law, p. 56)