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.

INDICATED MONEY POLITICS IN BANK MANDIRI CASE

The aftermath of demo action of Bank Mandiri United Employees (SPBM) on last 4 Augusts 2007, bear fruit of Lay of (PHK) toward General Leader of SPBM, Miss Mirisnu Viddiana. The verdict was decided by PHI: Pengadilan Hubungan Industri (Industrial Relation Court Jakarta). But that decision is evaluated void (defected law) because judge ignores law facts, for that reason Viddi accompanied by OPSI: Organisasi Pekerja Seluruh Indonesia (All Indonesian Labor Organization) accuse verdict submitting appeal to KY: Komisi Judicial (Judicial Committee).

Crisis on BANK MANDIRI organization between SPBM led Miss Mirisnu Viddiana and BANK MANDIRI management is still moving up to today. Almost one year the polemic run, since Viddi, nickname of Miss Mirisnu Viddiana. on last 4 August 2006, lead a number of 1600 BANK MANDIRI employees from all-Indonesia carry out protest demands on employee welfare improvement, and accuse egotism and arrogance of management with demand succession of BANK MANDIRI management. Almost one year from now Viddi endure suspension period through several stages. Finally Judge Assembly of PHI that presided at Heru Pramono, have as member Dudi Hidayat and Juanda Pangaribuan, on last 22 July 2008 to lay off (PHK/ to break working relation) against Miss Mirisnu Viddiana. In related decision Viddi, as Chairman of SPBM evaluated to responsible on SPBM demonstration action on Saturday, 4 August 2007. Management side equivocated that demonstration action has underestimate image and reputation of company. Sanction on that deed is pursuant to PKB: Perjanjian Kerja Bersama (Joint Working Agreement) and Discipline Employee Regulation is Lay off.

As a result, Judge Assembly approves of BANK MANDIRI management proposition. But verdict signaled was found conspiracy between BANK MANDIRI management and PHI Judge. For that reason, in last week SPBM, OPSI and PBHI spread out press conference in Jakarta Media Center (JMC); Press Council Building, Kebon Sirih Jakarta. In that meeting they have evaluated Judge Assembly has legalized Lay off machination was made by BANK MANDIRI Management, and ignore the existing law facts.

Following Totok Yulianto, SH from PBHI, when seen to PHI Verdict No. Perkara: 42/PHI. G/2008/PN. JKT. PST in Case of Industrial Relation Dispute between PT BANK MANDIRI Persero (Unlimited) and Miss Mirisnu Viddiana, as the defendant that decided on 22 July 2008, Judge Assembly has very ignored law facts submitted by the defendant, to set aside expert witness explanation emphatically stated that it is not justified to Lay off by PT BANK MANDIRI side.

On the occasion Yulianto explained any name error of the accused; Miss Mirisnu Viddiana in plaintiff suit that is BANK MANDIRI in law due process called as error in persona. “This is principle error and basic, but by Judge Assembly is override and only stated as error typing merely, ”said Yulianto. The other errors for him there is in power of attorney mentioned in law suit letter. Grossly power of attorney mentioned not for aquo case. Because its date and number between plaintiff’s power of attorney to law suit issued by plaintiff very differ. “but again Judge Assembly override the fact by wrong typing reason so that exception of defendant is rejected. ” he remarked.

On that occasion Saepul Tavip from OPSI suspects and strongly alleged that any money politics between Judge Assembly with management of BANK MANDIRI. “for that reason by the straighten of judicial institution power, they push to Judicial Committee to investigate, and take action against affirmatively for Judges that bring to justice case that acted as not objective, professional and proportional, as well as defect law itself in legalizing and carrying out smuggling law systemically. ”described Tavip.

For that reason, SPBM and PBHI stated that attitude to call for all united workers/labor movement elements and NGO in-house to continue control judge behavior in Industrial Relation Court in all-Indonesia, by preventing dirty practice of money politics that still often happened in the middle of law enforcement then decrease with founding of judicature mafia scandals.

They also push to Polda Metro Jaya immediately to follow-up solemn complaint report from Miss Mirisnu Viddiana about indicated the presence of criminal acts strongly, that is infringement towards UU No. 21 year 2000 about trade union / united workers, Article 28 in connection with – jo Article 43 that carried out by BANK MANDIRI officials.

In addition, insist to Minister of Manpower & Transmigration of Republic of Indonesia and DPR Committee IX of RI give more attention and the real protection towards united workers, are in operating function and organization activity from all kind of pressure and intimidation that done by entrepreneur circle. “Because the matter grossly mentioned as infringement form towards ILO Convention No. 87 about freedom of association that has been ratified by Indonesia Government, ” said Tavif.

On the verdict of Judge Assembly of Industrial Relation Court Jakarta evaluated very strange and far from sense of justice. Miss Mirisnu Viddiana stated that throw out and file appellate legal effort to Judicial Committee. For him BANK MANDIRI Management through PHI to lay off itself by compensation offer more than 1 billion, but Viddi reject the money, “For me not matter of money, such a money could be used up in a given time, but I am eager to look for justice, I permanently fight for till today, ” said Viddi firmly.

Meanwhile, Chairman of Judge Assembly Heru Pramono, in apart venue to be uninterested on Viddi step. “Please if they report us to KY. Tut following us, in the case of they not satisfied with our decision, they should go through legal effort by appellate that has been regulated in law. ” he remarked.

Heru confirmed, Judge Assembly has been appropriate apply law in that case. He rebutted himself tend to be permissive on name typing error of Viddi in law suit. “Lawyer of defendant has submit the objection in the exception. We also considering it, ” he said.

Meanwhile Heru deplore lawyer attitude of Viddi that report to the KY case. “If every side that lose denounce to KY, how many KY will handle the complaint? Because unlikely, PHI will decide the winner and the loser. Otherwise there peace indeed yes, ” he remarked. (M. Taufik Rakhmanto)

BANK MANDIRI AND LEGAL ASPECTS WITH ITS UNITED EMPLOYEES

Bank Mandiri, is a Company of (BUMN: State Owned Corporation) that has been go-public. Bank Mandiri is the Largest Bank in Indonesia. One of conditions that should be filled to be go-public in the company shall be found a Trade Union.

In Bank Mandiri, there’s only one trade union named SPBM: Serikat Pegawai Bank Mandiri (United Employees of Bank Mandiri). In this time in SPBM federation has two Managements, the one is Management (Chaired by Mother Mirisnu Viddiana that chosen by National Conference (Munas) carried out in Yogyakarta in May 2007) and the other is dummy Management (intervention) of the Management or called Dummy United Employees of Management alias Yellow Union.

Problems Chronology:

1. Began by the end of December 2006, Bank Mandiri employees that is merged into SPBM hold Jointly Prayer as a disappointment reflection form to Bank Mandiri Management which is unfair in treating to employee fellow. This matter is related to Bank Mandiri share distribution with MSOP Scheme (Management Stock Option Program) that receivers of MSOP is only officer employee (Leadership Level) with Grade upper D2. In mentioned Join Prayer, appear unconvinced motion to Managing Director Agus Martowardojo and request to change of Bank Mandiri Management.

<http: 64.203.71.11/ver1/economy/0612/20/215823. htm>

2. In March 2007 precisely 27 March 2007, Memorandum of Understanding was signed between employees represented by SPBM and Bank Mandiri Management (Represented by the entire Managements lines including Managing Director Agus Martowardojo). Point of the Memorandum of Understanding mentioned is that Executor Employee will get special appreciation money out of annual bonuses (in term of the special appreciation money accepted is not calculated with annual bonuses). SPBM assumed that the Memorandum of Understanding is a compensation form to clerk/executor employees that doesn’t get share of MSOP.

3. April 2007, Bank Mandiri Management has distributed appreciation money to all employees including to the employees that have received share allocation of MSOP. The magnitude of appreciation money is clerk employee get average of 1,5 times of salary and officer employee amount to minimal average of Rp. 2,5 million. SPBM say thank to Management that has give appreciation money to employees.

4. In July 2007, Bank Mandiri Management distributes annual bonuses to entire employees. Bonuses distribution is discriminated between officer employee (leadership level) and clerk employee (executor level), where is officer employee get bonuses amount to minimal average 3 times salary (or range of 3 up to 7 times salary), while clerk employee level only get average maximal 3 times salary. It proved that bonuses accepted by clerk/executor employee calculated /deducted with appreciation money accepted in April 2007. The bonuses distribution is followed by Managing Director video playing in all Bank Mandiri working units. In that video, Agus Marto said that Executor Employees do not have contribution and direct influence towards company value. This incident has evoked big fluctuation in Bank Mandiri because Management grossly has broken the Memorandum of Understanding that has been mutually signed previously and humiliating under level employees. SPBM many found complaints from members and employees. They ask to SPBM to take measures so that Management can fulfill a promise. Some voicing /submit aspiration to do strike or demonstration.

5. In end of the same month, July 2007, Bank Mandiri Management gave salary increase to all employees related to rapid inflation rate. Management again to shows its discrimination to the employees, that is officer employee get salary increase minimal of 7 % to 19%, while clerk employees get salary increase maximal of 7% and average only 5%. This policy is more disappointed and trigger clerk employee anger in all working unit in Bank Mandiri, and they ask and insist do strike or demonstration soon.

6. Working atmosphere in Bank Mandiri become not conducive. Fluctuation to do action is more tighter. Even Management with the power carry out various pressure, intimidation and threat to employees that do a strike or demonstration

7. On 2 August 2007, SPBM return to meet Management / Board of Director to do discussion related to very discriminatory policies carry out by Management. The meeting meet deadlock and there is no understanding. Management remains in its decision and policy.

8. On 3 August 2007, SPBM’s DPP: Dewan Pengurus Pusat (Central Manager Council) and supported by 8 of 10 SPBM’s DPWs (Area Manager Council) submit to the Management, that SPBM will do demonstration action if there is no policy change from the Management. Then SPBM call Coordination Meeting and action preparation consolidation. of the Meeting (attended by Dewan Pengawas /Controller Council, DPP and DPW of SPBM) decide to carry out demonstration and not strike with consideration that strike will be disturbing operational and Bank Mandiri service. Demonstration agreed on to be carried out on free time day as a mean not to agitate operational and service to Bank Mandiri customers, that is on every Saturday 4 August 2007 to routes among other: Lapangan Banteng – Meneg BUMN Office – Wapres Palace – President Palace – Mosque Istiqal.

9. Saturday, 4 August 2007 demonstrate acted by Bank Mandiri employees under flag of SPBM was carried out. demonstration that led by DPP General Leader of SPBM Miss. Mirisnu Viddiana attended by Chairman and 2 Controller Council members, and 8 DPW of SPBM also followed by ± 1300 persons. Several Permanent Boards of SPBM which is on 3 August 2007 very vocal and articulate to persist to demonstration action apparently absent in the demonstration with many personality reason. As Principal Orator in the related demonstration is Eko Yuliadi, Controller Council member. Demonstration covered by various printed media both electronic and mass media. The demonstration was guarded by police is conducted orderly and safely.

10. Post-demonstration action, working condition and situation become not conducive. Mandiri Club (presided by Bambang Ari Prasojo) is an organization in Bank Mandiri engaging in activity cultural-art, sport and cooperation comes to escalate atmosphere to come along intervention the existence of SPBM. Mandiri Club circulate Statement to all employees to be signed either individually or collective statement. Statement letter contains statement among others: Not to support demonstration action carried out by SPBM, for those who registered to be a member of SPBM asked to draw a salary deducting power attorney for membership subscription of SPBM and take out of SPBM membership, for those who not yet asked not to sign-up to be member of SPBM, Support Bank Mandiri Management. thoroughly Mandiri Club action /Bambang Ari Prasojo clearly are Unlawful Acts doing criminal in form of felony; Anti Union (Union Busting).

11. Management make propaganda with stated that demonstration action only followed about 300 persons. Even Management “bought” mass media, so that not to publicize the demonstration action activity.

12. Management by way of Civil Service Advisory Team (TPK: Tim Pertimbangan Kepegawaian) then conduct an investigation (not enquiry, because an employee is compelled to sign Investigation Proceedings) to ± 330 employees that do demonstration action including SPBM leaders.

13. Management suspends (for 3 months may not work) to General Leader of SPBM Miss Mirisnu Viddiana and several SPBM’s Permanent Boards. Several demonstration actors also imposed sanction in form of reminder, warning and observation.

14. Then SPBM ask Depnakertrans to be mediator in tripartite negotiation between SPBM and Bank Mandiri Management, but Bank Mandiri Management only is represented by the Lawyer (legal authority)

15. Management make “approach” to several SPBM Boards considered as those who can be invited “cooperative persons” with Management to hold a meeting without invite General Leader of DPP of SPBM.

16. Controller Council motored by the Chairman Desman Siahaan, constructed soon it carried out Extraordinary National Conference (Munaslub) of SPBM. 2 of 6 Controller Council members declare step back from Management because disagree with the implementation of Munaslub agenda. Controller Council chairman requests impresses to be highly forcible and there is indication pressure from Management. Controller Council decides to carry out Munaslub 5-6 October 2007 in Denpasar-Bali. The decision aversed by DPP SPBM, by reason because Munaslub implementation was done in Ramadhan and will disturb fasting religious service. DPP of SPBM ask to be time-go back until finish Ramadhan month, but Permanent Controller Council forces to be implemented appropriate to Controller Council request.

17. Finally Munaslub hold in 5-6 October 2007 in Denpasar Bali, with attended the entire DPP Boards, DPW and Controller Council with escorted by 7 officials of Group Head (Position 1 under Management level). Principal Agenda of Munaslub (full of Management intervention) is to replace DPP General Leader of SPBM as result of Yogyakarta Munas, this proved that remember General Leader and several Boards of SPBM deemed as those who can not be invited “cooperative” located /stay (in Sanur Hotel) far apart from Jayakarta Hotel (Legian-Kuta) Munaslub holding place. In Munaslub agenda program, General Leader of SPBM’s DPP Miss Mirisnu Viddiana not ask responsibility. Session led by Controller Council, but interrupted by General Leader of SPBM that stated ready resign /step down of General Chairmanship of SPBM with 1 condition the entire Controller Councils will be resigning as well. Session entrant approves to condition of Miss Mirisnu Viddiana. The session entrants choose a session leader and secretary of Munaslub session. General Leader election vote is carried out and majority voice falls in Cahyo Syam Sasongko. Session is postponed by session leader to carry out sahur (supper in Ramadhan). Session is continued and forcibly Controller Council takes over session leadership. Riot and tumult occurred. The Permanent Controller Council knocks at hammer declared that Cahyo chosen as General Leader and directly close the session. Cahyo stated resign from General Leader at that moment.

118. After Munaslub, Management returns to take outside sanction to several SPBM board supporting leadership of Miss Mirisnu Viddiana.

19. Management will block bill of SPBM that led by Miss Mirisnu Viddiana. Management forcibly take over SPBM’s Secretariat room by way of replacing a door key.

20. SPBM report several Bank Mandiri officials with accusation opposes law that is doing criminal counters against the union to Anti Union police headquarter.

The bundle given to Polda Metro Jaya. This case is then is stopped by Police side with insufficient reason proof.

21. SPBM also reported to ILO www. tabloidportrait. com/2007/12/08/sp-bank-mandiri-lapor-ke-ilo/ <http: /www. tabloidportrait. com/2007/12/08/sp-bank-mandiri-lapor-ke-ilo/>

22. SPBM denounce to DPR and accepted by DPR 9^th Committee <http: /www.dpr. go.id/article/article. php? aid=3724>

23. Management/Agus Martowardojo lay-off Bank Mandiri General Leader <http: /www. hukumonline. com/detail. asp? id=18838&cl=berita>Due to fail to be Governor of Bank Indonesia <http: /news. okezone.com/sp/index. php/readstory/2008/03/18/220/92692/membalik-skandal-pencalonan-agus-martowardojo-sebagai-gubernur-bi>