Indonesia: labor rights defender sentenced to two years of prison
Event- Country
- Indonesia
- Initial Date
- Jul 27, 2024
- Event Description
In a press conference held by YLBHI-Project Base LBH West Kalimantan regarding the criminalization of Human Rights activist Mulyanto, KontraS (Commission for Missing Persons and Victims of Violence), KASBI (Confederation of the Indonesian Trade Union Alliance Congress), and YLBHI (Indonesian Legal Aid Foundation) highlighted evidence of violations and intimidation experienced by Mulyanto and Duta Palma Group workers, they strongly condemned the efforts of the authorities and the company in suppressing the labor movement. The speakers called on the Pontianak District Court to acquit Mulyanto of all charges that were considered a form of abuse of human and constitutional rights.
Mulyanto, a human rights activist, was criminalized and sentenced to two years in prison after fighting for the normative rights of PT. Duta Palma workers who had been absent from their responsibilities for dozens of years. Mulyanto was charged with Article 160 of the Criminal Code on charges of incitement to damage police vehicles during the chaos during the strike on August 19, 2023.
In reality, not a single witness heard Mulyanto directly incite. In fact, the chaos occurred because the authorities forcibly dispersed the strike with tear gas and rubber bullets. This case is a serious attack on workers and human rights defenders.
YLBHI-Project Base LBH West Kalimantan submitted several considerations to the Pontianak District Court, especially the Panel of Judges examining case number 157/Pid.Sus/2024/PN Ptk, to examine and decide the case fairly and acquit Mulyanto of all charges. Several points that were taken into consideration include:
- Mulyanto has fought with PT. Duta Palma Group workers to fight for normative workers' rights that have been violated by PT. Duta Palma Group for 16 years. Violations committed by the company include wages that do not comply with the UMK, no premium payments, violations of leave rights, and inadequate working conditions.
- The strike carried out by Duta Palma workers on August 19, 2023 was legal and guaranteed by law. However, this action was forcibly and brutally dispersed by the police using excessive force, including the shooting of tear gas and rubber bullets.
- The attack carried out by the police on August 19, 2023 against the workers who were carrying out the strike showed an abuse of power.
- The initial accusation against Mulyanto regarding firearms was then changed to a different article after it could not be proven. This shows a clear attempt to criminalize Mulyanto.
- Mulyanto's activities in fighting for human rights should be protected by the constitution and various legal instruments based on Human Rights.
- The accusations against Mulyanto are not supported by strong evidence and are more of an unfair form of criminalization.
- Until now, the normative rights of Duta Palma workers have not been fulfilled, and the company responded by terminating the employment of critical workers.
Firmansyah, one of the coordinators of the ongoing strike at the Wirata Daya Bangun Persada Palm Oil Factory (PKS), stated that the police and the Indonesian National Army (TNI) continue to guard the plantation and factory areas with full weapons.
"They are on guard carrying long-barreled weapons and sharp weapons, they come almost every day and are facilitated with company vehicles in the form of dump trucks and stay overnight at the PKS which is operating," he explained.
Yahya from KontraS emphasized that the involvement and intimidation of the military in the Duta Palma company must be reviewed in accordance with Law of the Republic of Indonesia Number 34 of 2004 concerning the TNI. He also emphasized the need for comprehensive reform, supervision, and legal action against the violations that occurred.
"The increase in violence and criminalization by 100% from 2022 to now, with a total of 52 acts of violence. The lack of human rights knowledge of the officers and the economic and political interests of the company are the main causes. The police who should protect the community are actually siding with the company, sacrificing the interests of local and indigenous communities," he said.
Asep, one of the coordinators of the labor action, explained that currently he, Firmansyah and Kasmir, who are also coordinators of the action, are also facing criminalization efforts. They just received a summons from the West Kalimantan Regional Police on Saturday (27/7/24) regarding alleged forgery that they were unaware of. He emphasized that he felt that he had never committed any forgery.
Sunarno, the General Chairperson of KASBI responded that the criminalization of Duta Palma workers was inseparable from the company's normative violations. The government should take firm action against the violations and provide support to the workers. He also urged the judge to be objective in viewing the trial facts and support the struggle of the Duta Palma workers.
"The Mulyanto case is a bad example of criminalization carried out by companies against workers," he concluded.
Meanwhile, Arif from YLBHI highlighted the practice of criminal reporting, intimidation, and terror by the TNI/Polri as a form of silencing trade unions or union busting. This practice has not received serious attention from the state. Arif invited all parties to condemn the practice of criminalizing Mulyanto and criticize the police who should protect the community but instead protect capital. He also criticized the involvement of the military in civilian areas and emphasized the need for firm action against officers who commit human rights violations.
This press conference is expected to increase public attention to the Mulyanto case and encourage justice for human rights activists and workers who fight for their rights.
Monitor Mulyanto's verdict hearing together on Monday, July 29, 2024, at 09.00 WIB at the Pontianak District Court.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Labour rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 0.0263
Longitude: 109.3425
- Event Location
- Summary for Publications
On 27 July 2024, Mulyanto, a labor rights defender, was sentenced by the District Court of Pontianak, Indonesia to two years of prison on charges of inciting violence during a protest when no one witnessed Mulyanto incite anything.