Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Danamon Bank Labor Union about two situations. The First is information related with the criminalization and detention of the chairperson and secretary general of the Danamon Bank Labor Union. The Second is information related with union busting and laid-off workers (PHK) of the Bank. Danamon Bank management refused to hold a discussion with the laborers to solve the matter. It filed a report with the Jakarta Metropolitan Police (Polda Metro Jaya). As a result, the chairperson and the secretary general of the labor union were detained. They are still in Police custody.
CASE NARRATIVE:
The following information was received by the AHRC. Due to a public speech made by the chairperson of the Danamon Bank Labor Union, which had been published and circulated through social media, two labor union members were named as suspects. They are Mr. Abdoel Moedjid, the chairperson of the Danamon Bank Labor Union, and Mr. Muhammad Afif, secretary general of the Labor Union. Moedjib and Afif were involved in a peaceful protest as part of their advocacy effort to save the workers and demand that the Bank be fairer to its workers. The Police Investigator has upped their legal status from witness to suspect. This evolved after the Jakarta Metropolitan Police Investigators of cyber crime intelligence and special crimes (Reskrimsus) conducted further examinations.
Moedjib is accused of criminal defamation and hate crimes against race and ethnic groups. They are regulated by Article 310 of the Indonesian Penal Code (KUHP) and Article 311 KUHP. Furthermore, the Police also charged him under Article 4 point b No. 2 and Article 16 No. 40 of 2008 under Discrimination against Races and Ethnics. Muhammad Afif was accused of circulating a Video Protest through social media. Allegedly the content was deemed insulting and criminally defaming. It is regulated under the following Articles: 27 paragraph 3; 45 paragraph 1; 28 paragraph 2; 45 paragraph 2 of Law No. 19, 2016 on Electronic and Information Transactions (ITE).
The video content of the public speech by the chairperson of the Danamon Bank Labor Union during the peaceful protest in Surabaya, East Java province on March 9, 2017.
The legal staff of the Danamon Bank filed a Police Report against the Labor Union with the Jakarta Metropolitan Police. They stated that the Executive Director of the Danamon Bank was insulted and the target of criminal defamation by the speech and the protesters. According to the labor union, the chairperson’s speech concerns the fact that there is a real threat to the laid-off workers carried out by the Executive Director and Management of the Danamon Bank. The peaceful protest was conducted against the response of the Executive Director of the Danamon Bank, Mr. Sng Seow Wah. He did not show any willingness to dialogue with representatives of the labor union. On many occasions the labor union requested the Executive Director to discuss the PHK, the blocking of labor union emails and the obstruction of worship against the Danamon workers.
The Police Investigators interpreted that the speech fell within insulting, criminal defamation and hate crimes against races and ethnics based on the Police Report filed by Mr. Cahyanto C Grahana, of the legal staff of the Danamon Bank.
The PHK which occurred in the Danamon Bank was conducted in various ways. It was tricky and evil. For example, they gave a very bad final score based upon unclear assessments of the workers. The final score was given two times to the workers and shortly thereafter the management issued a third warning letter and then a massive PHK. In 2016, more than 4000 workers have been victims of mass PHK without any clear procedure. The PHK is in violation of the collective labor agreement (CLA), where management, before issuing a policy on PHK, must inform the Labor Union of the Danamon Bank. Article 44 of CLA, paragraph 5 states that the punishment related to laid-off workers must involve the Labor Union, if the related workers are members of the Union.
SUGGESTED ACTION:
Please write to the Authorities listed below. Request that they ensure the Government guarantees the right to freedom of expression and opinion as well as the right to freedom of peaceful assembly–as regulated by the International Covenant on Civil and Political Rights (ICCPR). Indonesia is a State party to the Covenant. Police Investigators should release the two labor union activists and not partially interpret the Law on discrimination against races and ethnics. The Police should be more careful when applying the Penal Code and Law on Electronic and Information Transaction, particularly about criminal defamation and hate crimes. Both Government and Police should be aware of the main problems in this case. It is the laid-off workers and the union busting committed by the Management of the Danamon Bank that have never been resolved. So, the Police should NOT be involved in internal matters between labor and management of the Danamon Bank. Any form of criminalization must be stopped and avoided. The right to exercise the rights to freedom of expression and opinion must be protected without extreme reduction and discrimination.
The AHRC will write a separate letter to the UN Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expression, calling for his intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Danamon Bank Labor Activists criminally charged and detained after organizing a peaceful protest
Name of victims: Mr. Abdoel Moedjib, Mr. Muhammad Alif and other members of the Danamon Bank Labor Union
Names of alleged perpetrators:The Main Director of Danamon Bank Surabaya and Police Officers of Jakarta Metropolitan Police Office (Polda Metro Jaya)
Date of incident : 6 December 2017
Place of incident : Surabaya, East Java province and Jakarta, Indonesia
I am writing to voice my deep concern about two situations. The First is information related with the criminalization and detention of the chairperson and secretary general of the Danamon Bank Labor Union. The Second is information related with union busting and laid-off workers (PHK) of the Bank. Danamon Bank management refused to hold a discussion with the laborers to solve the matter. It filed a report with the Jakarta Metropolitan Police (Polda Metro Jaya). As a result, the chairperson and the secretary general of the labor union were detained. They are still in Police custody.
The following information was received by the AHRC. Due to a public speech made by the chairperson of the Danamon Bank Labor Union, which had been published and circulated through social media, two labor union members were named as suspects. They are Mr. Abdoel Moedjid, the chairperson of the Danamon Bank Labor Union, and Mr. Muhammad Afif, secretary general of the Labor Union. Moedjib and Afif were involved in a peaceful protest as part of their advocacy effort to save the workers and demand that the Bank be fairer to its workers. The Police Investigator has upped their legal status from witness to suspect. This evolved after the Jakarta Metropolitan Police Investigators of cyber crime intelligence and special crimes (Reskrimsus) conducted further examinations.
Moedjib is accused of criminal defamation and hate crimes against race and ethnic groups. They are regulated by Article 310 of the Indonesian Penal Code (KUHP) and Article 311 KUHP. Furthermore, the Police also charged him under Article 4 point b No. 2 and Article 16 No. 40 of 2008 under Discrimination against Races and Ethnics. Muhammad Afif was accused of circulating a Video Protest through social media. Allegedly the content was deemed insulting and criminally defaming. It is regulated under the following Articles: 27 paragraph 3; 45 paragraph 1; 28 paragraph 2; 45 paragraph 2 of Law No. 19, 2016 on Electronic and Information Transactions (ITE).
The video content of the public speech by the chairperson of the Danamon Bank Labor Union during the peaceful protest in Surabaya, East Java province on March 9, 2017.
The legal staff of the Danamon Bank filed a Police Report against the Labor Union with the Jakarta Metropolitan Police. They stated that the Executive Director of the Danamon Bank was insulted and the target of criminal defamation by the speech and the protesters. According to the labor union, the chairperson’s speech concerns the fact that there is a real threat to the laid-off workers carried out by the Executive Director and Management of the Danamon Bank. The peaceful protest was conducted against the response of the Executive Director of the Danamon Bank, Mr. Sng Seow Wah. He did not show any willingness to dialogue with representatives of the labor union. On many occasions the labor union requested the Executive Director to discuss the PHK, the blocking of labor union emails and the obstruction of worship against the Danamon workers.
The Police Investigators interpreted that the speech fell within insulting, criminal defamation and hate crimes against races and ethnics based on the Police Report filed by Mr. Cahyanto C Grahana, of the legal staff of the Danamon Bank.
The PHK which occurred in the Danamon Bank was conducted in various ways. It was tricky and evil. For example, they gave a very bad final score based upon unclear assessments of the workers. The final score was given two times to the workers and shortly thereafter the management issued a third warning letter and then a massive PHK. In 2016, more than 4000 workers have been victims of mass PHK without any clear procedure. The PHK is in violation of the collective labor agreement (CLA), where management, before issuing a policy on PHK, must inform the Labor Union of the Danamon Bank. Article 44 of CLA, paragraph 5 states that the punishment related to laid-off workers must involve the Labor Union, if the related workers are members of the Union.
Therefore, I respectfully request that you ensure the Government’s guarantee of the right to freedom of expression and opinion as well as the right to freedom of peaceful assembly, as regulated by the International Covenant on Civil and Political Rights (ICCPR). Indonesia is a State party to the Covenant. Police Investigators should release the two labor union activists and should not partially interpret the law on discrimination against races and ethnics. Police should be more careful in applying the Penal Code and Law on Electronic and Information Transaction, particularly about criminal defamation and hate crimes. Both Government and the Police should be aware that the main problems in this case of laid-off workers and union busting committed by the Management of the Danamon Bank have never been resolved. Therefore, the Police should NOT be involved in internal matters between labor and management of the Danamon Bank. Any form of criminalization must be stopped and avoided. The right to exercise the right to freedom of expression and opinion must be protected without extreme reduction and discrimination.
I look forward to your prompt action in this matter.
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 Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Police Inspector General Idham Azis
The chief of the Jakarta Metropolitan Police Command
Kapolda Metro Jaya
Jalan Jenderal Sudirman Kav. 55, Jakarta Selatan, DKI Jakarta 12190,
INDONESIA
Tel: +62 21 5234000
Fax: +62 21 5709250
Email: bidhumas@metro.polri.go.id, humas.pmj@gmail.com
6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
7. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Tel : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1,
Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
9. 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)
