ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-001-2021
January 22, 2021
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INDONESIA: Labor Activist, after delivering a public speech, is criminally charged under Articles of Criminal Defamation
ISSUES: Freedoms of Expression and Opinion, fabricated cases, Rule of Law, access to Justice
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding a fabricated case and criminal charges laid against Mr. Kristianto, a labor union leader. Mr. Kristianto was criminally charged under the Law regulating criminal defamation because of his statement delivered in a peaceful, public protest against Maybank Indonesia, Tbk. Up to date, Mr. Kristianto has been summoned twice by the Jakarta Metropolitan Police Office. However, during the Police examination, they did not provide clear information about which statements Mr. Kristianto allegedly violated in the Penal Code and the Electronic Information and Transaction Law (ITE).
CASE NARRATIVE:
On February 11 and 12, 2019, the Labor Union (SPPBMI) of Maybank Indonesia held a peaceful protest in front of the OJK Office (the Financial Services Authorities), the Malaysian Embassy and the Head Office of Bank Maybank Indonesia in Jakarta. This peaceful protest was motivated by two main issues. The first was the issue of unilateral Termination of Employment (PHK) by the Company against the SPPBMI chairman, Mr. Kristianto in 2017. The second issue was on November 23, 2018. It was on a verification process carried out regarding the number of union memberships in the company. This was to prepare a Collective Labor Agreement (PKB).
This verification process was led by the company unilaterally. This came about due to the establishment of a verification team that involved the labor unions and the methods used in the verification process.
This membership was based merely upon the contributions, debiting-method of union members through a payroll program (COS). It is clearly in violation with the provisions of Article 2 0 paragraph 2 and paragraph 3 of Permenaker (Regulation of the Minister of Manpower), and Article No. 28 of 2014 concerning Procedures for Making and Legalizing Company Regulations.
Due to the unilateral policy carried out by the company, SPPBMI lost its right to be involved in the process of making a Collective Labor Agreement. As they felt aggrieved with the non-transparent process, SPPBMI expressed its objection. They requested a re-verification process presented in the verification report. But, the company did not respond to the request.
On November 27, 2018, the Union asked the company to carry out re-verification. On December 18, 2018, the PKB Negotiation Plan was postponed and re-verified, as there was no response. On January 14, 2019, SPPBMI sent a summons and on January 21, 2019, SPPBMI invited management to bipartite negotiations. On January 22, 2019 the company refused to comply with the bipartite negotiations. The second Bipartite Request was delivered on January 28, 2019. However, these efforts did not produce good results.
On March 06, 2019, a delegation from the Employee Relations staff went to Padang of the West Sumatera Province to talk with the Vice-Chairman of SPPBMI. The same meeting was conducted with the central management in Surabaya and Purwokerto at the end of February 2019. The Padang meeting agreed that there would be formal discussions with the Director and it was agreed that SPPBMI would write to the Management.
On March 07, 2019, SPPBMI sent a letter to Management (Number. 018) not to come to the union board meeting, partially so, as to ask for a comprehensive discussion.
Subsequently, SPPBMI sent a letter, Number 020, regarding the results of the meeting with the Management of May Bank on April 01, 2019. It was a follow-up to the initial meeting in Padang on March 06, 2019. The Director did not attend as promised but was represented by the Head of the Employee Relations Division.
On July 04, 2019, the peace agreement was signed as the implementation of the Supreme Court decision between Mr. Kristianto and Maybank, represented by Mr. Donny Damarwulan as the head of employee relations.
A few weeks after signing the agreement, on July 26, 2019, Mr. Kristianto was summoned by the Jakarta Metropolitan Police Office (Polda Metro Jaya).
The Police Investigator informed Mr. Kristianto that he was being charged under three Articles. They were Article 310, paragraph (1) of the Criminal Code (KUHP), Article 27 paragraph (3), Article 45 paragraph (1) of the Electronic and Information Transaction Law Number 19 of 2016.
Finally, on September 03, 2019, Mr. Kristianto was present at the Jakarta Metropolitan Police Office for his second summons dated August 28, 2019. The Investigator examined him accompanied by Legal Advisors Mr. Fatiatulo Lazira SH and Mr. Gunung SH.
During the examination, the Police Investigators did not explain clearly the alleged crime committed by Mr. Kristianto. The Investigator’s focus was merely on the chronology of the unilateral job termination of Mr. Kristianto.
Whereas, according to Mr. Kristianto, he had never promulgated his speech either through Face Book, InstaGram or the Website.
Currently, the investigation process is still on-going despite there being no clear evidence that Mr. Kristianto conducted criminal defamation.
ADDITIONAL INFORMATION:
Indonesia is one of the countries which still applies the National Law which regulates criminal defamation. Criminal Defamation exists in the criminal code, the Electronic Information and Transaction Law and is frequently enforced to prosecute human rights activists and opponent groups.
In practice, there is no clear boundary between the right to freedom of expression on the one hand and criminal defamation on the other. Therefore human rights activists in Indonesia still face criminal charges under the law regulating criminal defamation. The Law should be abolished because it is in violation of international human rights standards and principles.
SUGGESTED ACTION:
Please write to the Authorities listed below. Ask them to ensure that the Jakarta Metropolitan Police Office openly and transparently conduct a comprehensive review of the criminal charges against Mr. Kristianto. In addition, the Indonesian Government must abolish all provisions in Indonesian Law which regulate criminal defamation. It violates the international Human Rights instrument.
The AHRC is writing a separate letter to the UN Special Rapporteur on the Right of Freedom of Opinion and Expression.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
INDONESIA: Labor Activist, after delivering a public speech, is criminally charged under Articles of Criminal Defamation
Name of victim: Mr. Kristianto (a leader of Labor Activist)
Names of alleged perpetrators: Maybank Indonesia, Tbk.
Date of incident: February 2019 until present
Place of incident: Jakarta, Indonesia
I am writing to voice my deep concern regarding a fabricated case and criminal charges laid against Mr. Kristianto, a labor union leader. Mr. Kristianto was criminally charged under the Law regulating criminal defamation because of his statement delivered in a peaceful, public protest against Maybank Indonesia, Tbk. Up to date, Mr. Kristianto has been summoned twice by the Jakarta Metropolitan Police Office. However, during the Police examination, they did not provide clear information about which statements Mr. Kristianto allegedly violated in the Penal Code and the Electronic Information and Transaction Law (ITE).
On February 11 and 12, 2019, the Labor Union (SPPBMI) of Maybank Indonesia held a peaceful protest in front of the OJK Office (the Financial Services Authorities), the Malaysian Embassy and the Head Office of Bank Maybank Indonesia in Jakarta. This peaceful protest was motivated by two main issues. The first was the issue of unilateral Termination of Employment (PHK) by the Company against the SPPBMI chairman, Mr. Kristianto in 2017. The second issue was on November 23, 2018. It was on a verification process carried out regarding the number of union memberships in the company. This was to prepare a Collective Labor Agreement (PKB).
This verification process was led by the company unilaterally. This came about due to the establishment of a verification team that involved the labor unions and the methods used in the verification process.
This membership was based merely upon the contributions, debiting-method of union members through a payroll program (COS). It is clearly in violation with the provisions of Article 2 0 paragraph 2 and paragraph 3 of Permenaker (Regulation of the Minister of Manpower), and Article No. 28 of 2014 concerning Procedures for Making and Legalizing Company Regulations.
Due to the unilateral policy carried out by the company, SPPBMI lost its right to be involved in the process of making a Collective Labor Agreement. As they felt aggrieved with the non-transparent process, SPPBMI expressed its objection. They requested a re-verification process presented in the verification report. But, the company did not respond to the request.
On November 27, 2018, the Union asked the company to carry out re-verification. On December 18, 2018, the PKB Negotiation Plan was postponed and re-verified, as there was no response. On January 14, 2019, SPPBMI sent a summons and on January 21, 2019, SPPBMI invited management to bipartite negotiations. On January 22, 2019 the company refused to comply with the bipartite negotiations. The second Bipartite Request was delivered on January 28, 2019. However, these efforts did not produce good results.
On March 06, 2019, a delegation from the Employee Relations staff went to Padang of the West Sumatera Province to talk with the Vice-Chairman of SPPBMI. The same meeting was conducted with the central management in Surabaya and Purwokerto at the end of February 2019. The Padang meeting agreed that there would be formal discussions with the Director and it was agreed that SPPBMI would write to the Management.
On March 07, 2019, SPPBMI sent a letter to Management (Number. 018) not to come to the union board meeting, partially so, as to ask for a comprehensive discussion.
Subsequently, SPPBMI sent a letter, Number 020, regarding the results of the meeting with the Management of May Bank on April 01, 2019. It was a follow-up to the initial meeting in Padang on March 06, 2019. The Director did not attend as promised but was represented by the Head of the Employee Relations Division.
On July 04, 2019, the peace agreement was signed as the implementation of the Supreme Court decision between Mr. Kristianto and Maybank, represented by Mr. Donny Damarwulan as the head of employee relations.
A few weeks after signing the agreement, on July 26, 2019, Mr. Kristianto was summoned by the Jakarta Metropolitan Police Office (Polda Metro Jaya).
The Police Investigator informed Mr. Kristianto that he was being charged under three Articles. They were Article 310, paragraph (1) of the Criminal Code (KUHP), Article 27 paragraph (3), Article 45 paragraph (1) of the Electronic and Information Transaction Law Number 19 of 2016.
Finally, on September 03, 2019, Mr. Kristianto was present at the Jakarta Metropolitan Police Office for his second summons dated August 28, 2019. The Investigator examined him accompanied by Legal Advisors Mr. Fatiatulo Lazira SH and Mr. Gunung SH.
During the examination, the Police Investigators did not explain clearly the alleged crime committed by Mr. Kristianto. The Investigator’s focus was merely on the chronology of the unilateral job termination of Mr. Kristianto.
Whereas, according to Mr. Kristianto, he had never promulgated his speech either through Face Book, InstaGram or the Website.
Currently, the investigation process is still on-going despite there being no clear evidence that Mr. Kristianto conducted criminal defamation.
Therefore, I respectfully urge you to ensure that the Jakarta Metropolitan Police Office openly and transparently conduct a comprehensive review of the criminal charges against Mr. Kristianto. In addition, the Indonesian Government must abolish all provisions in Indonesian Law which regulate criminal defamation. It violates the international Human Rights instrument.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Police Idham Azis
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Mr. Bambang Soesatyo
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
7. Mr. Ahmad Taufan Damanik
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
