Workers demand respect for their right to associate

ID Nugroho , THE JAKARTA POST , SURABAYA | Thu, 02/26/2009 1:58 PM | The Archipelago

Hundreds of workers grouped under a number of different organizations staged a rally Wednesday to demand the East Java High Court respect their right to form workers' associations.

The demand was made over fears that the court would turn down a sentence handed down by Bangil District court in December last year to the general manager of PT King Jim Indonesia (KJI) for banning workers from establishing a workers' association at the company. The KJI case was sparked after general manager Fatoni Prawata barred KJI workers from establishing an association in the company. Fatoni, who received an 18-month sentence, appealed to the East Java High court.

"This is the first time that the workers' right to associate has been legally protected. We must therefore guard it," said Anwar Sastro Ma'ruf from the Alliance of Workers in Protest (ABM).

With university students also taking part, Wednesday's rally began at the Industrial Relations Settlement (PHI) office and proceeded to the provincial prosecutors' office and the court.

In their speeches, the workers said that although they still faced gloomy conditions, that did not mean they had no right to associate.

Jamalluddin, coordinator of ABM's East Java branch, said Fatoni's appeal was well within his rights. However, he added, the uncertainty in Indonesian law had made workers worried that the court would annul the sentence.

"That is why we need to take to the streets, stage a rally to demand the high court not play with workers' fate," he said.

In a closed-door meeting with workers' representatives, the court confirmed they had already reached a verdict for Fatoni's appeal on Monday.

But they insisted they could not give a copy to the demonstrators for fear of violating Article 10 of the Criminal Code, which stipulates only prosecutors and defendants deserve a copy of the verdict.

"It's now in the rephrasing process and will be sent to the prosecutors and the defendant," said court chief M. Arief.

He added any party not satisfied with the verdict was welcome to appeal to the Supreme Court.

Responding to the statement, Jamalluddin said he respected the high court's decision not to give out a copy of the verdict, but warned that if it was not to the workers' liking, workers across East Java would return to the streets in a much bigger rally.

"We will camp in front of the high court building if it really disappoints us," he said, adding that courts in East Java had a "bad track record" when it came to trying cases related to workers.