means to propose and make their best efforts, protect 
and defend the interests and welfare of workers and 
their  families,  and  to  create  harmonious,  dynamic 
and  fair  as  well  as  equitable  industrial  relations. 
Through the union, employees / workers like to have 
vehicle  to  gather  and  express  opinions  more  open 
and  guaranteed.  Workers  are  protected  by  an 
institution  under  the  Law  to  become  a  strategic 
partner of the company. 
In  Explanatory  Notes,  the  Labor  Union  Act 
explains  that  Workers  are  very  important  business 
partners  in  the  production  process  in  order  to 
improve the welfare of workers and their families, to 
ensure  the  sustainability  of  the  company,  and  to 
improve  the  welfare  of  Indonesian  society  in 
general.  In  this  regard,  trade  /  labor  unions  are  a 
means of striving for the interests of the workers and 
establishing harmonious, dynamic, and equitably fair 
industrial  relation.  Therefore,  Labor  /  Worker 
Unions  must  have  responsibility  for  the 
sustainability of the company and on the other hand, 
Employer  /  management  must  treat  and  place 
workers / labors as partners with human dignity.  
The right to associate in organization for workers 
/  laborers,  as  stipulated  in  the  International  Labor 
Organization  (ILO)  Convention  No.  87  concerning 
Freedom of Association and Protection of the Right 
to Establish  Organization,  and  ILO  Convention No. 
98 concerning with  Application of Fundamentals of 
Rights to Interrelate   has been ratified by Indonesia 
become  part  of  national  legislation.  This  became  a 
reference  for  the  government  to  make  a  special 
regulation for the workers to found union. 
The existence of Labor / Worker Unions instead 
of  protecting  the  rights  of  members  within  the 
company,  it  also  constitutes  as  a  means  of  creating 
harmonious,  dynamic,  and  equitably  fair  industrial 
relations  in  accordance  with  applicable  legislation. 
This  arrangement  at  least  opens  opportunities  for 
unions  to  create  quality  relationships  between 
Employers / Management and Workforce. However, 
this  arrangement  does  not  firmly  stipulate  that 
unions are one of the institutions invited to negotiate 
by employers to make company policies, especially 
with regard to the labor they are striving for. 
As  a  company  owned  by  the  State,  SOEs  have 
become a company managed under the regulations 
of Limited Liability Companies. But in certain limits 
the  management  is  still  regulated  by  SOEs 
regulation  as  the  regulation  that  raise  SOEs. 
However,  arrangement  related  to  manpower  and 
how  it  relates  to  decision  making  in  companies  are 
not expressly regulated in both laws. 
The  Employment  Regulation  which  constitute 
the  reference  in  the  relationship  between  the 
company  and  the  SOEs  employees  also  does  not 
provide more space for the workforce to get a place 
in  the  company  to  express  their  opinions  and 
feedback  for  the  application  of  company  policies, 
especially  those  concerning  with  future  of  the 
workforce.  Labor  unions  as  a  vehicle  to  gather  and 
express  opinions  and  to  protect  the  rights  of 
employees have  been imposed  regulation and every 
activity  is  protected  by  law,  but  the  substance  also 
does  not  provide  more  in  terms  of  coordination  of 
policy making. Harmonious industrial relation is one 
of  the  reasons  that  Union  is  established,  but  actual 
technical  implementation  does  not  indicate  such  a 
right.  If  the  right to  strike has  been  regulated  in  its 
regulations,  it  can  be  interpreted  that  the  Law  has 
predicted  earlier  that  such  a  situation  will  often 
occur.  It  should  be  more  preventive  arrangement  if 
in the early phase of policy making this condition is 
taken  into  consideration.  This  way,  "Preventive 
Actions  are  better  rather  than  Curative  Treatments" 
becomes  a  principle  that  should  be  applied  in  the 
enforcement of this arrangement. 
Company  policies  concerning  the  existence  of 
manpower and / or that related to its existence often 
become  obstacles  in  the  management  of  the 
company. State-owned Company is a legal entity in 
the  form  of  legal  entity  and  has  rights  and 
obligations  and  legal  responsibility.  It  will  be 
difficult  to  achieve  the  best  performance  if 
employing  unskilled  workers  and  without  high 
dedication  to  the  company,  even  the  problems  of 
industrial  relations  between  workers  and 
corporations that many state-owned companies have 
given a special lesson in realizing the purpose of the 
establishment of the SOE. Because as a legal entity, 
it is the right for stakeholders and shareholders to be 
able to demand those subject to their rights. 
Rights and duties are not a collection of rules or 
systems,  but  are  a balance  of  power  in  the  form  of 
individual rights on the one side that are reflected as 
the  obligations  on  the  other  side.  Rights  and 
obligations  are  the  powers  granted  to  a  person  by 
law (Priambodo, 2004). For the occurrence of rights 
and  obligations,  there  must  be  the  occurrences  of 
events by law connected as cause and effect. Events 
that have legal consequences are legal events. 
Rawls  states  that  the  original  position  is  the 
beginning  of  an  unchanging  state  of  affairs  where 
there  is  a  guarantee  that  a  fundamental  agreement 
has been reached in it is truth. This fact leads to the 
term fairness as openness. This becomes clearer than 
a  concept  of  justice  is  more  clear  than  others,  or  it