6:31 PM
Press Release
The Right to Strike
Violated by the Intervention and Repressive Actions of the Police
WORKERS WILL FIGHT!!!
THE LAW RELATED TO
LABOUR STRIKES
The right to strike is a fundamental right
which is regulated and protected by law. The laws which regulate labour strikes
are as follows:
Law 13/2003 Article 137: “Labour strikes are a fundamental right of workers and trade unions...”
Law 13/2003 Article
143:
Section (1): “No one has the right to obstruct workers and
trade unions that exercise the right to strike in a legal, orderly and peaceful
way.”
Section (2): “No one has the right to arrest
and/or restrain a worker or a leader of a trade union who is conducting a
labour strike in a legal, orderly and peaceful way in accordance with the laws
and regulations which are in operation.”
Law 13/2003 Article
185:
Section (1): “Whoever breaches the following articles:
Article 42 section (1) and (2), Article 68, Article 69 Section (2), Article 80,
Article 82, Article 90 Section (1), Article 139, Article 143, and Article 160
Section (4) and Section (7), will be liable to a criminal sanction of a least 1
(one) year and at most 4 (four) years and/or a fine of at least Rp100,000,000
(one hundred million rupiah) and at most Rp400,000,000 (four hundred million
rupiah).”
Section (2): “The criminal behaviour as described
in section (1) is a criminal offence.”
POLICE INTERVENTION
AND REPRESSION DURING THE LABOUR STRIKE AT PT KALBE FARMA TBK
Since 12 September 2013 hundreds of workers
from PT Kalbe Farma Tbk, Cikarang have been holding a labour strike. The
company and the Labour Agency were officially advised of the strike by the
workers as required by law.
The workers of PT Kalbe Farma demanded
negotiation on the following points:
1.
The
wage increase for 2013 which was agreed unilaterally without negotiation with
the workers
2.
Abolition
of the outsourcing system
3.
Abolition
of the flexible work system
4.
Abolition
of discrimination in the payment of transport money
5.
Abolition
of discrimination in the payment of shift 3 money between permanent workers and
contract workers
6.
The
construction of a mosque as a means of fulfilling the religious obligations of
the workers
The labour strike which started at 8:00 on that
day was orderly and peaceful when suddenly the Police of Kabupaten Bekasi
Resort intervened. They interfered with the negotiations inside the meeting
room and intimidated the workers outside. The police did not respect Perkap No
1 Year 2005, which in essence states “in an industrial dispute the Police must
be within a distance of 25 meters and must not be involved directly in the
industrial relations dispute.”
However, what happened on that day at PT Kalbe
Farma Tbk, Cikarang was that the Kapolres, Kabagops as well as members of the
Metro Bekasi Police arrived and directly led brutal actions against the
workers. The police even went as far as trying to force the union to sign the
negotiation agreement, but the workers refused to sign. The workers demands
were not met, but instead the workers of PT Kalbe Farma Tbk were intimidated
and repressed.
At 22:00 the participants of the strike were
repressed by the police. Hundreds of police who had been inside PT Kalbe Farma
Tbk pushed the workers and forcibly broke up the strike. There were only about
40 people in front of the main gate at this time but many of them were injured
in this incident. Not only that, but dozens of motorbikes were also kicked and
damaged by the police.
As a form of protest, hundreds of workers went
to the Bekasi Resort Police Station to ask for responsibility to be taken for
this action, however the workers were shot with tear gas and one worker was
arrested.
POLICE CRIMES: CONTINUED
POLICE REPRESSION, STRIKING WORKERS ARRESTED
The strike which was organised by the workers
of PT Kalbe Farma Tbk continued, because there was not one demand which was
fulfilled by the company. The negotiations at PT Kalbe Farma Central Office in
Cempaka Putih on 19 September 2013 were only able to reach agreement on a
promise. The company promised to meet the workers demands in a maximum of 7
(seven) working days. On the seventh day, as promised by the company, on 26
September 2013, a negotiation was held between the management of PT Kalbe Farma
Tbk with trade union leaders at the Zurry Express Hotel in Lippo Cikarang. The
negotiation which started at 14:00 and continued to 18:00 did not achieve
anything. The company not only broke their promise in failing to meet all of
the demands as agreed within 7 (seven) days and in fact they did not agree to
any of the workers demands.
Meanwhile, as the tense negotiations continued
without result, in the area in front of the factory of PT Kalbe Farma Tbk, the
police again showed their arrogance and brutality by breaking up the striking
workers. At 19:00, workers who were just finishing their evening prayers outside
the factory were dispersed by the Police.
The strike was broken up in a very inhumane way.
Only one opportunity to disperse was given and then certain workers were
pulled, dragged, kicked, tortured, abused, stripped naked and burned with
cigarettes and subjected to other inappropriate actions. These things happened
to a Branch Leader of SPAI FSPMI Bekasi, Mr M. Nurfahroji and two fellow
workers who are named Mr Irwan and Mr Sopiyan Hadi. Unlike the others who were pushed
back and dispersed, these three were dragged inside the factory of PT Kalbe
Farma Tbk and were abused by members of the police force.
The striking workers were not quiet at the main
gate. They all sat down, recited prayers and demanded that their fellow workers
should be freed, while they faced the increasing threat of being dispersed by
hundreds of police directly led by the Kapolres and the Kabagops of Kabupaten
Bekasi. The police prepared a water cannon and shields as if in preparation for
a war with the workers. The situation became worse during the night and there
were only two choices for the workers; restrain themselves and be patient in
order to win their struggle, or fight back against the brutal actions of the
police.
Obon Tabroni, Bekasi labour leader, arrived at
the location that night and created a conducive situation, by giving the Police
two choices; they could either peacefully free the three workers who were being
held or the union would instruct workers at all factories to stop production
and conduct an area-wide strike. The police finally released the three victims
and the three of them, covered in injuries, were taken by their fellow workers
to the Hosana Medika Hospital.
THE WORKERS FIGHT
BACK, THE WORKERS REPORT THE CRIMINAL ACTION TO RESKRIM POLDA METRO JAYA AND
PROPAM METRO JAYA
On 27 September 2013 the three victims reported
the brutal actions of the Police of Bekasi Resort to the Metro Jaya Police
Command accompanied by lawyers from FSPMI and Jakarta Legal Aid. In their
report, the victims described the criminal actions of abuse, bashings, theft
and the criminal action of breaking up a labour strike (Report Number LP. TBL/3395/IX/2013/PMJ/DitReskrimum).
The victims also reported to the Propam of Metro Jaya Police about the actions
of breaking up a strike which was in breach of the law (Report Number: STPL
/88/IX/2013/Yanduan). The two reports are against: Kompol YS Muryono (Kabagops
Polresta Kab.Bekasi) and members of the police force (under investigation),
while the person making the report is Mr M. Nurfahroji.
Jakarta, 3 October 2013
Nyumarno, LBH FSPMI
Posted in: Labour Strike
