4 – Systematic violations of rights
The ITUC Global Rights Index

Indonesia

The ITUC affiliates in Indonesia are the Confederation of Indonesian Trade Unions (CITU) (KSPI/CITU) and the Konfederasi Serikat Buruh Sejahtera Indonesia (KSBSI).

In practice

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Discrimination of workers on grounds of union membership09-06-2015

PT Erindo Mandiri Sidoarjo, a plastic packaging manufacturer employing 200 workers in Pasuruan East Java, dismissed 26 employees who were members of Lomenik SBSI after Lomenik refused to agree to converting employees from permanent to irregular worker status.

The company started by dismissing seven workers, mostly Plant Committee members, in January 2015. However, more union members were dismissed in March 2015.

When workers demonstrated in front of the company for two weeks in relation to the dismissals, other members of Lomenik were given warnings for striking. However, the required notice of the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action was given and the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action is legal.

Lomenik SMSI has sought the assistance of the Labour Inspector in relation to the dispute, in an effort to avoid physical conflict between the striking workers and the company representatives. At the date of writing, no decision had been made by the Government in relation to the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Unequal treatment of unions09-06-2015

The KSPI-CITU and the KSBSI both report unequal and unfair treatment of certain unions as compared to others.

The KSPI-CITU has observed that representative unions will be excluded from collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
negotiations and meetings if the union’s claims do not align with the employer’s position. In some cases, another union that is seeking lesser terms and conditions will be invited in its place.

The KSBSI reports that the Pesawran Lampung branch of the Hukatan SBSI union had its application for registration rejected, even though it represented 25 per cent of the workers in the company PT Wika Beton. The reason its application was rejected was because there was an existing “in house” union. Similarly, an application for registration by Garteks in Majalengka West Java was refused, even though it represents 100 of the 800 workers at PT. Bintang Baru Sukses (a manufacturing company that produces men’s underwear). Garteks’ application with respect to its members at PT Jaba Garmindo in Majalengka was also refused, even though Gartek represents 200 workers at that company.

Boss sentenced to gaol for forbidding labour unions22-10-2014

On 22 October 2014, the Supreme Court of Indonesia upheld a lower court ruling about Hariyanto Hutomo Hidayat, the president director of furniture company PT Sri Rejeki Mebelindo, who was convicted of forbidding the formation of a labor union in the company.

Hariyanto dismissed 107 employees from the company, which operated in Pasuruan, East Java, after they started a labor union in 2009 to bargain for salaries that had been kept below the regional standard.

Bangil District Court sentenced him to one year in prison for violating Article 28 of the Labor Unions Law that bans anyone from prohibiting the establishment of labour unions. The East Java High Court later increased the sentence to 18 months, a ruling that was upheld by the Supreme Court.

Hariyanto, however, had apparently fled the country by the time the Court’s verdict was announced.

Government prohibits strikes and provides “extra security protection” in vital installations 04-09-2014

The Industry Ministry, in collaboration with the National Police, will provide “extra security protection” against disruptive labour disputes and worker protests to more than 64 companies and 14 industrial estates deemed to be vital national installations.

Demonstrations and strikes are prohibited from companies and zones deemed to be vital installations, and the army and police can take direct action against any workers found to be taking industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. that disrupts a vital installation.

Article 1 paragraph 1 of Presidential Decree (Keppres) No. 63/2004 on safeguarding national vital installations stipulates that a zone, building or business can be designated as a national vital installation if any threats levelled against it could lead to dire consequences for development, chaos in the transportation and communications sector or the disruption of state governance.

Pursuant to Industry Minister Regulation No. 466/2014, the companies identified as requiring vital installation certification include cooking oil and crude palm oil manufacturer PT Smart, petrochemical specialist PT Chandra Asri Petrochemical, pulp and paper producer PT Indah Kiat Pulp and Paper and wheat flour producer PT Indofood Sukses Makmur. The industrial sectors certified as vital installations included raw materials for explosives, aviation, salt, sugar, paper and pulp, metal, cooking oil and palm oil, shipbuilding, petrochemicals, fertilizer, cement, telecommunications, flour and industrial estates.

The industrial zones that get extra protection include state-owned PT Kawasan Berikat Nusantara in North and East Jakarta, as well as Batam-based industrial estates PT Batamindo Investment Cakrawala and the Kabil Integrated Industrial Estate in the Riau Islands province.

The level of additional “security” provided is to be determined according to the scale of investments they receive, their size and the number of their employees. The Ministry hopes that the additional security will make Indonesia more attractive to investors.

Asia Pulp and Paper breaks off collective bargaining talks, calls in army01-03-2014

In March 2014, members of the Pindo Deli Paper Workers’ Union, at one of the Asia Pulp and Paper (APP) - Sinar Mas factories in Karawang district of Indonesia, went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to demand that management return to negotiations, and to discuss the minimum wage rate established in the district by the Governor of West Java.

Earlier, APP had illegally broken off collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
negotiations and called in the local army and police to intimidate workers against support the union FSP2KI. The company rejected all union proposals during four failed bargaining rounds, and the troops started intimidating workers even before the first round in December 2013.
In response to the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, APP declared the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
illegal and used police force to try to force the workers back to work. APP also illegally deducted the pay of union leaders.

APP is a global market leader with a history of anti-union tactics at its PT Pindo Deli’s twin mills in Karawang, one of the world’s largest paper mills. The Pindo Deli Paper Workers’ Union is a branch of the FSP2KI and represents more than half of the 13,000 employees at the mill.

Nike factory intimidates workers and dismisses nine union representatives25-11-2014

In March 2014, nine workers at Nike’s Chang Shin factory in Karawang, Indonesia, were fired for exercising their fundamental right to freely associate and to peaceably demonstrate for better wages and working conditions. The nine workers were all members of the PPMI Union Committee at the factory.

On 25 November 2013, the PPMI Union Committee had made three formal demands of the factory management: a wage increase taking the wages above the monthly minimum wage; a better health insurance place; and payment of their annual bonuses.

After receiving no reply, the Committee resubmitted their demands to management on 6 December 2013 and again on 18 December 2013. On 31 December 2013, the workers exercised their right to demonstrate, and management agreed to pay the bonus.

Throughout January, the Committee sent further requests to the factory management, asking when the bonus would be paid. At the same time, the factory’s human resources department interrogated 50-70 members of the PPMI union, asking the workers: (a) where were you on 31 December?; (b) why did you join the protest?; and (c) who gave you the idea to demand the annual bonus?

The Committee members were also interrogated. They were given a sheet of blank company letterhead and told to give a testimony of their activities in December 2013 and to “confess” that what they did was a violation of the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement the company had with the PPMI union. The Committee members refused.

On 19 March 2014, six members of the PPMI Union Committee were fired. Following a meeting between all nine members of the Committee, PPMI leaders and the factory management a week later, the remaining three Committee members were also fired.
Peaceful demonstrations by the PPMI in April 2014 were met with heavy presence of police, Indonesian military, factory security and preman (hired thugs).

On 20 May 2014, the nine fired employee representatives were threatened by the factory, which threatened to press criminal charges if they did not take a severance package and stop all organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. activity on the issue. Eight of them accepted the package and the factory reported the ninth to police.

Australian mining companies pay Indonesian officials to guard mines29-05-2014

Australian media outlet Fairfax Media reported on 29 May 2014 that infrastructure and mining giant Thiess may have breached Australian bribery laws by paying Indonesian police and military officials in return for security at its mines.

In its article, Fairfax said it had confirmed that Thiess had deposited a large sum in the bank account of a relative of a senior Indonesian security official and made other payments were made in cash. It reported that the payments amounted to tens of thousands of dollars.

In return, it is believed these officials directed forces under their command to provide security at Thiess’ coalmines in South and East Kalimantan, where there has been union unrest and accusations of police brutality.

It is possible that the payments made by Thiess to security officials would not breach Australian law on the basis that the firm was entitled to the security provided and it did not amount to a “business advantage”.

However, the relative size of the payments and the fact that they may have gone to third parties, rather than the officers who provided on-the-ground security, raise the possibility that the money was simply pocketed as bribes.

A spokeswoman for Leighton Holdings said the company would not comment on the HLG dealings because they were “the subject of commercial and confidential arrangements”.

In response to the Indonesian allegations, she said: “We do not comment on matters that are the subject of old and unsubstantiated media reports or speculate on their implications.”

Police attack striking workers 11-03-2014

In December 2013, workers at PT Indofood sukses makmur, one of the largest food packaging companies in Indonesia, sought a wage increase for 2014 in line with the minimum wage increase of USD 39. However, management refused to consider the wage increase requested, instead raising wages by just USD 8. Further, the company decided to lay-off 450 labour hire workers who sought permanent employment with the company in accordance with the Indonesian Labour Law No. 13/2003.

To protest the company’s actions, workers decided to withhold their labour on 11 March 2014. The strikes and related protests were lawful and peaceful.

In response to the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and protest, the company hired special police, the Brimob – Brigade Mobile – usually used in counter-terrorism raids and riots. In this case, however, the Brimob attacked unarmed Indofood workers with weapons and water cannons.

While confrontations and intimidation tactics had been deployed through June 2014, the level of police brutality against the workers was dramatically increased on 2 July 2014. Following provocation by the police squad, violent clashes occurred between the police and workers. The police fired tear gas into the crowds and hit, kicked and pelted workers with concrete blocks and stones. Fifty workers were injured, twenty seriously and three required extended hospitalisation. The police also damaged and stole parts of the workers’ motorbikes, and arrested six workers as a result of the clashes.

In a related solidarity strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at Bogasari Company on 22 November 2014, the police attacked a group of more than 100 striking workers with iron rods, leaving 18 workers injured and resulting in extensive damage to worker and trade union property.

Attack on trade union headquarters14-05-2015

On 14 April 2015, a union headquarters in East Jakarta was shot at while a group of labour union leaders were meeting inside. Nobody was injured. The incidenc occurred at about 10:45 p.m. However, several cars parked in front of the office were damaged by the gunfire.

Mudhofir Khamid, president of the Indonesian Confederation of Prosperous Labor Unions (KSBSI), has indicated that the union is pressing police to investigate the incident and arrest the perpetrators.

Mudhofir said he believed the shooting was an act of terror designed to intimidate workers ahead of Labor Day demonstrations on May 1.

“The sound of gunshots took us all by complete surprise. At first, we thought it was some passerby throwing firecrackers,” said Mudhofir.

Jumhur Hidayat, chair of the Federation of Indonesian Maritime Workers (FSPMI), condemned the attack, and agreed it may have been related to the planned upcoming May Day demonstrations.

“This is terror against the workers and the shootings remind us of New Order-era repression,” Jumhur said. “But the labor movement will not be cowed by such a cowardly act.”

Accor hotel attacks union members16-12-2013

Workers employed at Ibis Tamarin in Jakarta established a union in August 2012 and subsequently requested recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
negotiations.

In July and November 2013, the union made demands to management concerning unpaid overtime, unfair distribution of service charges and the conversion of contract workers’ jobs to permanent positions. The company responded with discriminatory tactics towards union members. Contract workers were told their contracts would not be renewed because of their union membership on 26 and 28 November.

In December, workers in the housekeeping department were told to resign from the union. Two union members were coerced to sign false statements stating they were forced to join the union and regretted this. The union president remains unjustly suspended from work.

Violence against Indonesian workers during the 2013 national strike04-11-2013

The Confederation of Indonesian Trade Unions (KSPI/CITU) reported violence by paramilitary organisations against workers participating in the peaceful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to demand an increase in the minimum wage, implementation of social security and against precarious work at industrial areas including UIP, Delta Silicon and Hyundai in Cikarang, Bekasi, West Java on 31 October 2013.

An investigation team from ITUC-AP came to the Bekasi Industrial area on 4 November 2013 to gather information about the police officers in Bekasi District who were deployed around the site during the national strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
but did not take any measures to stop the attack, letting the acts of violence continue. Twenty-eight workers (seventeen are KSPI/CITU members) were injured by the thugs armed with machetes, knives and iron rods, and seventeen workers were severely injured and admitted to the hospital. The team visited the hospital where three workers remain in a critical condition as a result of the physical attack.

Anti-union discrimination30-11-2012

In November 2012, management of the paper company PT Kertas Leces in Probolinggo terminated the contract of Djody Soegiharto, coordinator of the department of organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. and recruitment at the Federation of Indonesian Pulp and Paper (FSP2KI). In February 2012, management accused him of defamation when he displayed banners at the factory premises demanding the payment of pending salaries and benefits.

Violation of collective agreement31-03-2013

In March 2013, security workers at PT. Tanjungenim Lestari Pulp and Paper (PT TEL) went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
when PT. Tangkas decided to outsource operations of PT TEL in violation of a valid collective agreement.

Trade unionists being charged for carrying out legitimate activities16-08-2013

Workers protesting in front of a factory were attacked by a group of unknown persons. When the company security guards did not react, Eddy Irawadi, a union leader, ordered the closure of the production line in order to avoid further attacks. The employer filed a complaint against the union because of the work stoppage.

Police intervention in demonstrations16-08-2013

Mr. Suprapto, one of the leaders of the Konfederasi Serikat Pekerja Indonesia (KSPI) at plant level, was stopped from holding a speech when the police intervened and used rubber bullets against workers who were demonstrating against outsourcing outsourcing See contracting-out and low wages. Mr. Suprapto, Mr. Yoni Mulyono, and Mr. Gagan Setiawan were hospitalised as a result of the attack.

Workers win court battle, successfully conclude agreements31-12-2010

Workers secured better conditions in terms of wage increases and recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of their unions in different sectors during the year. On May 14, the International Metalworkers’ Federation (IMF) affiliate, Federation of Indonesian Metalworkers Union (FSPMI), won a major court battle involving the bankruptcy filing of PT Kymco Lippo Motor Indonesia. The Special Regional Court ruled that the company’s moveable and immoveable assets, including land and buildings, be auctioned off to pay wages owed to the workers.

In the garment sector, after a three-year campaign, the Indonesian garment factory PT Mulia Knitting Factory signed an agreement with SBGTS union affiliated with the Gabungan Serikat Buruh Indonesia (GSBI - Federation of Indonesian Trade Unions) in May. The agreement recognises SBGTS as the representative of their members at PT Mulia and provides compensation for five former employees who were dismissed in 2007 as a result of their union membership.

And in January, the International Union of Food (IUF) affiliate, Kirin Miwon Foods Workers Union (SPKMF), requested to start negotiations with Kirin Miwon Foods (Kirin). Kirin initially refused to negotiate with SPKMF and refused to provide SPKMF with information relevant to the bargaining process. However, in late May SPKMF successfully concluded negotiations with substantial increases in wages and benefits.

Contract labour increasing01-02-2010

On 23 December, Indonesian Prosperous Labour Union (KSBSI) Chairman Rekson Silaban said outsourcing outsourcing See contracting-out and the contract system had sharply reduced the number of permanent workers in the country from 67% of the total formal labour workforce in 2005 to only 35% this year, citing reports from the World Bank and the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
. Rekson said outsourcing outsourcing See contracting-out would continue to hamper industrial relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue
if no legal solutions were made to address the problem. On 1 February, 500 contract workers from PT Jakarta International Container Terminal (JICT) staged a protest before the main gate of Tanjung Priok Port, North Jakarta, to demand permanent employee status. “We have been working at the firm’s main division for 15 to 20 years, but we have yet to be made permanent employees”, said Sutimanto, Chairman of the JICT contract worker association. The labour law bans a company from using contract workers at its main division, Sutimanto added. Contract workers earn IDR 1.3 million (USD 140) a month, 10% of the wages earned by a permanent worker.

Legal strikes difficult in practice30-11-2009

Since the procedures for mediating a labour dispute labour dispute See industrial dispute are both excessively cumbersome and time consuming, they are often ignored by union leaders. Hence the government declares most strikes as illegal job actions, which results in mass dismissals of union officials and workers as well as the arrest and imprisonment of union leaders. Strikes have also been entirely prohibited in the public sector, in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
, and at enterprises that serve the public interest.

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