Ministry Of Foreign Affairs Help Wins Civil Lawsuit For Death Case Adelia Lisao, Gets Compensation Of IDR 2.45 Billion

Yohana Banunaek, the mother of the late Adelina Lisao (left) with the Indonesian Consul General Penang Bambang Suharto (right)/DOK ANTARA/Virna P Setyorini

JAKARTA - The Ministry of Foreign Affairs managed to help win a compensation lawsuit in the civil trial of the late Adelina Lisao, an Indonesian migrant worker from NTT who was allegedly abused by her employer and died in 2018.

The lawsuit was filed by the heirs of the late Adelina Lisao, Yohana Banunaek, with facilitation from the Ministry of Foreign Affairs through the Indonesian Consulate General in Penang, Malaysia.

"The judge of the Pinang Island High Court, YADato Anand Ponnudurai, on Thursday, February 8, 2024 at 14.00 local time has granted the lawsuit, by providing compensation worth 750,000 Malaysian ringgit (equivalent to Rp2.45 billion) for the deceased," said the Ministry of Foreign Affairs as reported by ANTARA, Friday, February 9.

The compensation includes 250,000 ringgit (around Rp. 818 million) for distress and 500,000 ringgit (around Rp. 1.6 billion) for the suffering experienced by Adelina.

The judge also charged 25,000 ringgit (around Rp. 81.8 million) of travel costs incurred by the heirs to come to Malaysia, and a 5 percent interest per year calculated since the case was registered at the Pinang Island High Court in August 2023.

The interest will be imposed on the defendants until compensation is paid.

Previously, on November 30, 2023, the Pinang Island High Court had granted a lawsuit to replace funeral expenses of 21,427.57 ringgit (around Rp70 million) and pay salaries that were not paid by employers of 54,000 ringgit (equivalent to Rp176.8 million).

"The judge still granted this lawsuit even without the presence of the defendants, namely the former Adelina employer, and her lawyer," the Ministry of Foreign Affairs said in a written statement.

In February 2018, Adelina Lisao was found in her employer's house with bruises on her head, hands, and legs due to abuse and omission.

Adelina Lisao passed away on February 11, 2018 at the Bukit Mertajak Hospital, Penang, the day after being taken out of her employer's house.

According to the Indonesian Consul General in Penang, Wanton Saragih, the Indonesian government through the Consulate General and the Directorate for the Protection of Indonesian Citizens at the Ministry of Foreign Affairs has sought justice for Adelina through criminal law to appeal to the Court of Alliance in Putrajaya.

However, on June 23, 2022, the effort ran aground after the Court of Appeal Judge upheld the decision of the High Court and the Court of Appeal to release Adelina's employer from the murder charges.

The public prosecutor is seen as inaccurate in drafting the indictment.

Nevertheless, the Indonesian government and the Law Firm of Pressgrave & Matthews still seek justice for the late Adelina Lisao through a civil route until the decision of the compensation trial was obtained.

Wanton welcomed the decision of the judge who granted the claim for compensation to the heirs of the late Adelina Lisao.

"The results of this trial show that there is justice for the late Adelina Lisao and for the bereaved family", he said.

According to the Director of Protection for Indonesian Citizens at the Ministry of Foreign Affairs, Judha Nugraha, legal assistance to fight for the rights of Adelina Lisao has been a priority for the Indonesian government from the start.

"This decision is expected to have a deterrent effect on employers who treat Indonesian migrant workers inhumanely," he said.