Ensure The Salary Of 9 Years Paid By Employers, The Indonesian Embassy In Kuala Lumpur Accompanies ART From Kupang During A Civil Session

Bahru City Court Complex, Kelantan, Monday (4/9/2023). (ANTARA/Virna P Setyorini)

JAKARTA - The Embassy of the Republic of Indonesia (KBRI) Kuala Lumpur accompanied a household assistant from Kupang, East Nusa Tenggara (NTT), with the initials DB to undergo a civil trial in Malaysia to demand a salary of more than nine years without being paid by the employer. Secretary II of the Consular Function of the Indonesian Embassy in Kuala Lumpur Ardina Desnita Tinaor said, from the beginning the embassy provided shelters and access to legal aid by renting a lawyer. "Now ensuring that all DB obligations in court are completed. Today's DB testimony in front of the panel of judges is very important," he said at the Bharu City Civil Court, Kelantan, Malaysia, as reported by Antara, Monday, September 4. The embassy took DB from Shelter at the Indonesian Embassy in Kuala Lumpur to Kelantan to undergo the trial process. In early November 2020, the Indonesian Embassy in Kuala Lumpur received a telephone complaint from a labor agency owner in the city of Baharu, Kelantan, regarding a house assistant from NTT, Indonesia, who fled from her employer's house on October 29, 2020 because she was not paid a salary while working for more than nine years. In addition, agents report that DB often receives harsh treatment, both physical and mental violence, is employed in two locations, namely houses and workshops, work time is too long and is not allowed to call or communicate with family in the village. Employers are also said to have deliberately not renewed their DB permit. On November 2, 2020, the agency reported the case to the Manpower Office (JTK) of Kelantan and investigated as a case of the Crime of Trafficking in Persons (TPPO). On November 22, 2020, JTK Kelantan and the Malaysian Police (PDRM) succeeded in arresting their employers, and submitting them to the Bharu City Sesyen Court, Kelantan, with two criminal charges (pidana). First, TIP in the form of forced labor based on Article 12 of the Anti-Trafficking and Migrant Smuggling Deed (ATIPSOM) and second, on the criminal act of persecution based on Article 324 of the Criminal Code. The case was led by the Panel of Judges of the Bharu City Sesyen Court, Ahmad Bazli bin Bahruddin. But the employer managed to convince the judge that they were innocent so that it was decided to be released from criminal charges. However, in January 2023, the employer with the initials KBA and his wife were found guilty of committing the crime of ATIPOM, an element of forced labor by the Panel of Judges at the Asyen Court, Bharu City, in an appeal. They were sentenced to seven years and three years (of their wife) and a fine of 30,000 ringgit (RM) or around Rp. 98 million. Demand Salary In November 2021, the Indonesian Embassy appointed YA lawyer ANWAR & Co to carry out civil charges of DB through the Civil Court at the Beharu City Sesyen Court to resolve the salary issue that was not paid by the employer. On June 30, 2022, DB has submitted Writ Saman a salary claim to the employer and filed a court in two separate charges, namely, first, the demands of salary as a house assistant to the employer, amounting to more than RM160,000 (around Rp522.72 million). Second, the demands of salaries as assistants to car accessories workshops or mechanics for more than RM170,000 (around Rp555.39 million). Until now, DB still has not received his salary rights. For the sake of the salary claim, he made a lawsuit at the Briru City Civil Court and became a witness to the trial for the subject examination of the case before the judges of the Sevil Sesyen 3 Court in Bharu City on Monday and Tuesday (5/9).

The panel of judges at the Bharu City Civil Court, Mohd Zul Zakiqudin Bin Zulkifli, presided over the trial. The trial began at around 11.25 p.m. Malaysian time (MYT), presenting DB as a witness.