Dear Friends,
Please find below a report from the Jakarta Post (August 30, 2001), forwarded by SISBIKUM, regarding the verdict in the case against Ngadinah. They send their thanks to all who participated in the solidarity efforts on this case.

According to Neha Neha Misra, Deputy Field Representative American Center for International Labor Solidarity (Solidarity Center)/Indonesia Office, the panel of three judges that found Ngadinah not guilty said that all court costs will be borne by the government. While the judges did not apologize for the fact that Ngadinah was already imprisoned for over a month, Neha Neha Misra says that they did mention ILO Conventions in their decision, including freedom of association (particularly the right of workers to give speeches to other workers about their normative rights, and to discuss with fellow workers their rights).

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Court acquits labor activist of strike charges

Tangerang (JP) : The Tangerang District Court delivered an important dervict 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.”

Ngadinah had worked for the company for five years before the incident occurred. She was paid a salary of Rp.18,060 (about 2 Dollar US) per day plus daily 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 impose 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 worker’s 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 resources manager Slamet Supriyadi. Supriyadi accused the defendant of forcing and inciting other workers to join a massive strike between September 8 and September 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 Enviorenment: 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.