Court acquits labor activist of strike charges

Court acquits labor activist of strike charges

TANGERANG (JP): The Tangerang District Court delivered a
important verdict on Thursday as it acquitted labor activist
Ngadinah from all charges made against her.

Ngadinah, 29, an employee of PT Panarub, a company that
produces Adidas shoes, was tried for allegedly provoking her
fellow workers to stage a massive strike last September in a
demand for better wages.

Presiding judge Achmad Zaini said in the verdict that there
was no evidence to prove that the defendant was guilty.

"Based on existing evidence and testimonies given by witnesses
before the court, the panel of judges could not find any strong
evidence or reason to punish the defendant and therefore, based
on just legal consideration, the defendant must be freed from all
charges," the judge told the hearing.

Some 150 workers who had packed the courtroom spontaneously
applauded the court verdict and cheered joyfully.

Ngadinah's face was radiant, as she said it was unbelievable
that she would be free.

"I praise God and thank the judges who really opened their
ears and eyes to the truth," Ngadinah, who is also secretary of
the company's Labor Association for Garment and Leather Workers,
told journalists.

When asked whether she would file a lawsuit against PT Panarub
for causing her to be detained and tried at court, Ngadinah said
"I just want to work back there should the company allow me," she
said.

Ngadinah had worked for the company for five years before the
incident occurred. She was paid a salary of Rp 18,060 (about
US$2) per day plus daily a lunch allowance of Rp 2,000.

Prosecutor Nurlisma said immediately that she would appeal to
the Supreme Court.

Nurlisma represented prosecutor Eka Widiyastuti, who was sick.

Eka had earlier charged the defendant with violating Articles
160 and 335 of the Criminal Code, respectively on inciting others
to commit violence against the authorities in public and on
offensive, violent or unpleasant conduct.

The prosecutor then requested the court to imposed a seven-
month suspended jail term within a one-year probationary
sentence.

Ngadinah's fate is in stark contrast to what happened to
Marsinah, a labor activist in East Java who also struggled for
workers' rights. She was found dead on May 8, 1993 with severe
wounds to her body three days after she took part in a
demonstration to demand welfare improvements for workers. Until
now, the guilty parties in Marsinah's case have not been brought
to justice.

Tangerang Police arrested Ngadinah, a resident of Perum Bumi
Asih Block E No. 30 Kotabumi, Tangerang, on April 23, following a
complaint from the company's human resource manager Slamet
Supriyadi.

Supriyadi accused the defendant of forcing and inciting other
workers to join a massive strike between Sept. 8 and Sept. 11,
2000.

According to the manager the strike, which involved 8,000
workers, had inflicted Rp 500 million of losses on the company.

After spending two weeks in police custody, Ngadinah was
released and held under house arrest with guarantees from the
then State Minister for the Environment Sony Keraf, Deputy
Director of the Foundation of the Indonesian Legal Aid Institute
(YLBHI) Munir and Coordinator of the Commission for Missing
Persons and Victims of Violence (Kontras) Munarman.(41)