ONE-SIDED EXPLANATION OF BANK MANDIRI TO CLASS ACTION SUIT

ONE-SIDED EXPLANATION OF

BANK MANDIRI TO CLASS ACTION SUIT

On 5 August 2008 by mean of advertisement in Rakyat Merdeka Daily, Bank Mandiri make counter to employees’ Class Action Suit of Bank Mandiri employees (at command of Jakarta Selatan State Court should be notified / announced and incidentally announced in Rakyat Merdeka Daily on 18 July 2008). Counter of this Bank Mandiri clearly infringe the ethics in procedure of judicial and Rakyat Merdeka Daily have also infringed the journalistic ethic code only for the shake of getting advertisement of the Bank Mandiri.

In its advertisement, Bank Mandiri contained of 6 points that each its point clearly oppose against the real reality and the existing law fact.

In the sanction letter was given by Bank Mandiri Management, mentioned that employees do not infringe Joint Working Agreement, but infringe Disciplinary Employee Regulation because of have done sit-in.

Said that the disciplinary action (except Lay off) have ended the applied sanction period that is a public victimization because most employees that accept the sanction letter never accepted the notification letter that applied sanction period has ended.

The decision of Industrial Relation Court deciding Lay off to Miss. Mirisnu Viddiana had not yet the stated legal force because Miss Mirisnu Viddiana directly stated an appeal to jurisdiction (legal right) to Appellate Court of Supreme Court (MA) so that status of Miss Mirisnu Viddiana is still as a Bank Mandiri employee.

Also told that Bank Mandiri often give its employee rights even have exceeded the specified normative rights. Whereas, the Class Action suit not debate the normative rights of the employee, but about the action of Bank Mandiri Management does not highly has basis in giving the penalization to the employees doing demonstration action.

Mentioned that Bank Mandiri often submits and obedient to the valid entire rules and also respect the jurisdiction process of taking place class action. But what’s going on? Management conducts the intimidation and pressures actions to proxy and Class Action member. Intimidation not only against the employees, but also was done to employee’s families (wives, parents, children).

Even until this article issued (21 August 2008), Management side through its lawyer (Purbadi and Kemalsyah) is still doing intimidation to class member and proxy. Intimidation is also carried out by mean of Dummy Union to be formed by the Management to Proxy and the class members that its point in order to retiring from Class Action Suit.

What was did the Bank Mandiri Management by doing the announcement quite like this? Nothing more than phobia of Bank Mandiri Management which have treated a set of unlawful acts (Against the Law) that is doing injustice civil act; anti union and indicating money politics practices.

NOTIFICATION OF CLASS ACTION

NOTIFICATION OF

CLASS REPRESENTATION ACCUSATION (CLASS ACTION)

Legal Aid Association And Indonesia Human Right (PBHI)

Based on: PERMA Number. 1 year 2002, Article 1e, Article 7, Article 8;

The Decree of Judge Assembly Number. 636/pdt. g/2008/PN. JKT Sel.

dated 3 July 2008

In connection with (jo) Judge Assembly arrangement No: 636/pdt. g/2008/PN JKT Sel, dated 10 July 2008.

In relation with the stipulated of this accusation by class representation accusation mechanism in State Court of Jakarta Selatan with case register No. 636/pdt. g/2008/PN. JKT. Sel dated 8 May 2008 that attributed towards: Agus Martowardojo as Managing Director of PT. Bank Mandiri (Company) Unlimited, Bambang Setiawan as Director Compliance & Human Capital of PT. Bank Mandiri (Company) Unlimited., Kresno Sediarsi as Chairman of Civil Service Deliberation Team A and Head Human Capital Group of PT. Bank Mandiri (Company) Unlimited., Bambang Ari Prasodjo as Chairman of Central Mandiri Club Board (Hereinafter referred to as Defendants. So the lawyer of Plaintiffs that joined into Legal Aid Association and Indonesia Human Right (PBHI) based on Judge Assembly Arrangement in Court Session on 3 July 2008 about the accepted class action procedural in connection with – jo Judge Assembly Arrangement dated 10 July 2008 about notification, ordering to Plaintiff to tell to the entire Bank Mandiri employees who gets sanction caused to do demonstration, as follows:

That the accusation in regard to acts of opposing law in the form of sanction imposition by superior / Head of Area

Each employee on the mandate or command from Agus Martowardojo as Managing Director of PT. Bank Mandiri (Company) Unlimited,

Bambang Setiawan as Director Compliance Human Capital of PT. Bank Mandiri (Company) Unlimited, Kresno Sediarsi as Chairman of Civil Service Deliberation Team A and Head Human Capital Group of PT. Bank Mandiri (Company) Unlimited., Bambang Ari Prasodjo as Chairman of Central Mandiri Board Association that consequence of the implementation of demonstration on 4 Augusts 2007 by SPBM: Serikat Pegawai Bank Mandiri (Bank Mandiri United Employees members)

That due to the suit submitted based on mechanism or class representation accusation program, then in this suit who act as class representative at numbers of 6 persons consisting of:

1. Miss Mirisnu Viddiana (representative from officials that imposed Lay off sanction) as representative of Class I,

2. Eko Heri Susanto (representative from official that imposed suspension /free from work sanctions) as representative of Class II,

3. Sigit Sudrajat (representative from official that imposed a writen reprimand sanction) as representative of Class III,

4. Arif Fadilla (representative from official that imposed a written warning sanction) as representative of Class IV,

5. Yetty Prihatiningsih (representative from official that imposed character building from superior) as representative of Class V,

6. Wilda Hamzah (representative from official imposed observation sanction) as representative of Class VI;

Apart from act for self, also act to represent the interest of the entire of Bank Mandiri employees who affected consequence sanction due to demonstration on 4 Augusts 2007;

That when brother and sister as class member as defined above, you have a right to binding yourself as Plaintiff in this accusation and decision that will be given later by Judge Assembly of State Court Jakarta Selatan will be effect as well as binding you;

That when brother and sister as class member as defined above, you do not want to be bound with suit and decision was meant then you can make statement of walk out in writing such as those which as described in form below.

The statement sent to:

a. Registrar/ State Court Secretary of Jakarta Selatan c. q. State Court Civil Young Registrar Jakarta Selatan have an address in Jalan Ampera Raya No. 133, Ragunan, Jakarta Selatan;

b. Plaintiffs c. q. Lawyer of Legal Aid Association law and Indonesia Human Right (PBHI) with address in Jalan Matraman Raya Block A2/18, Jl. Matraman Raya No. 148, Jakarta Timur 13150 Phone. (021)-85918064,8519675-6.

That when you within 15 days since the issuance of the notification not give statement walk out as class member, then you are bind and submit to the decision of Judge Assembly in the case.

The above all is true that this notification is submitted, for your kind attention we say thank.

Jakarta, 18 July 2008

Secretary / Registrar

Signatory

Mrs. Hj. Lilies Djuaningsih, SH, MH.