The Indonesian trade union FSPMI has succeeded in getting a 1 ½ year prison sentence proclaimed against the local General Manager of PT King Jim Indonesia (KJI). KJI is a consolidated subsidiary of the Japanese company King Jim Co. Ltd., headed by Mr. Akira Miyamoto. The Japanese firm is specialised in office products, including electronic stationary. KJI General manager Mr. Fathoni Prawata was found guilty of violating ILO Convention 98 and Indonesian Labour Law No. 21. Or, in the words of FSPMI, union busting.
The Indonesian trade union FSPMI, an affiliate of the International Metalworkers Federation (IMF), has succeeded in getting a 1 ½ year prison sentence proclaimed against the local General Manager of PT King Jim Indonesia (KJI). KJI is a consolidated subsidiary of the Japanese company King Jim Co. Ltd., headed by Mr. Akira Miyamoto. The Japanese firm is specialised in office products, including electronic stationary. KJI General manager Mr. Fathoni Prawata was found guilty of violating ILO Convention 98 and Indonesian Labour Law No. 21. Or, in the words of FSPMI, union busting.
Mr. Prawata’s offences consist of the unacceptable treatment of workers who are active in the union, including the unlawful termination of employment relations (pemutusan hubungan kerja - PHK), intimidation, limiting the concerned workers’ job rotation opportunities, and reducing or downright refusing to remit wages.
FSPMI had made several attempts to address these issues with the KJI management, but to no avail. In November 2007 and again in January 2008, FSPMI proposed to start negotiations to come to a workplace agreement. This was refused by the management. On May 5, 2008, FSPMI informed the management of the plan to stage a strike on 14 May 2008. The company responded by firing 150 workers cum FSPMI members. This did not prevent FSPMI from staging a one-hour strike in which 103 workers participated. The day after, four workers involved in organising the strike were dismissed (PHK).
At this point, FSPMI decided to go to court. The judicial process took 13 hearings, of which the first took place on November 5, 2008. The verdict was pronounced during the last session, on January 12, 2009. In total, some 14 witnesses presented their case, including two expert witnesses.
According to FSPMI chairman Jatim Pujianto this decision is a major milestone in the enforcement of employment law in Indonesia since the government ratified ILO Convention No. 98 on Freedom of Association in 2000. It is virtually the first time in Indonesian labour history that the courts have found a manager guilty of frustrating labour union activities and have appropriately proclaim a prison sentence.
FSPMI expresses the hope that employers in Indonesia take serious note of this precedent and will think twice before they engage upon anti-union activities. Also, FSPMI expects this verdict will motivate other unions to also explore taking the judicial road in fighting companies that are anti-union.
