ALSA 2025 meeting

This research investigates the procedural barriers that informal workers encounter when seeking access to civil justice in Thailand and Indonesia. In both countries, informal workers constitute a significant portion of the workforce and contribute substantially to national economies. Despite constitutional and statutory guarantees of equality before the law, informal workers often face systemic challenges that hinder their ability to assert rights or resolve disputes through civil courts.

The study adopts a comparative doctrinal and policy analysis, drawing on legal texts, court rules, and reform initiatives in both jurisdictions. Particular attention is paid to Thailand, where procedural barriers persist despite legal provisions aimed at promoting access to justice. Court fees remain a significant obstacle for informal workers, as the process of applying for fee waivers is complex, requires documentation that many cannot provide, and is often subject to inconsistent judicial discretion. Small claims procedures, designed to provide a simplified path to resolve low-value disputes, are underutilized, partly due to limited public awareness and a lack of institutional support. Furthermore, state-funded legal aid in civil matters is limited in scope and availability, leaving many informal workers without effective representation. By contrast, the study examines Indonesia’s legal aid law and the establishment of mandatory legal aid posts as an alternative model offering useful lessons for Thailand, while also identifying gaps in Indonesia’s practical implementation.

The findings reveal that informal workers in Thailand and Indonesia continue to face difficulties due to procedural complexities, low legal literacy, and inadequate access to legal assistance—factors that exacerbate inequality. The paper argues that procedural reforms must be more responsive to the socio-economic conditions of informal workers in both contexts. Recommendations include simplifying fee waiver processes, expanding and publicizing small claims mechanisms, increasing legal aid availability, and promoting community-based legal education.