JAKARTA - Newcrest Mining Limited, which is now part of Newmont Corporation, is urged to immediately pay severance pay for 735 former PT Nusa Halmahera Minerals (NHM) workers. The value is estimated to reach US$35 million or around Rp600 billion.
The insistence arose because the decision of the Industrial Relations Court at the Ternate PN Number 5/Pdt.Sus-PHI/2023/PN Tte had been strengthened by the Supreme Court through the decision Number 734 K/Pdt.Sus-PHI/2024. This means that this case has the force of law.
Trisakti University Public Policy Expert, Trubus Rahardiansah, assessed the disregard for the inkrah ruling as a bad signal for legal certainty in Indonesia.
"If the decision from the first level to the Supreme Court is consistent, it is pure. There is no reason not to implement it. Foreign investors are obliged to comply with Indonesian law," said Trubus.
This dispute began with the acquisition of PT NHM shares in March 2020. In the Collective Labor Agreement or PKB 2018-2020, Article 67 stipulates that any change in ownership of the company must be accompanied by the settlement of all workers' rights, including severance pay.
However, more than four years after the acquisition, workers claimed that the rights had not been paid. The union's legal representative, Iksan Maujud, said his party had gone through mediation to a legal lawsuit. However, the letters and communication efforts sent were said to have not received an adequate response.
"Since the beginning of the mediation, we have written many times, but it has been ignored. This is a form of non-compliance with the law and not respecting workers," said Iksan.
The Chairman of the PUK SPKEP SPSI PT NHM, Rusli Abdullah Gailea, also expressed disappointment. He said many workers had served for decades, but their rights had not been resolved.
"We have been working for decades, but are treated as if we don't exist. Even communication with global representatives is not responded to," he said.
Chairman of the F-GSBM Union of PT NHM, Rudi Pareta, emphasized that the severance pay was not just a number in a legal case. For workers, the money concerns living expenses, children's education, and small business capital.
"This is a right, not mercy," said Rudi.
Legal and Human Rights Practitioner, Husendro, assessed that the disregard of the Supreme Court's decision could not be considered a normal administrative matter. According to Husendro, the final court decision must be carried out.
"This is not just an administrative negligence, but a defiance of judicial authority," said Husendro, Friday, April 24.
He added that changes in company ownership do not remove legal obligations to workers. Therefore, the state is asked to ensure that the execution of the ruling goes ahead.
Workers are now urging the government to intervene. They assess that allowing this case to continue is not only detrimental to hundreds of families, but also erodes public trust in the law.
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