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Unions of SOE, Sues JICT granting concessions to Hunchinson Port Holding by the IPC at the Central Jakarta District Court
After the Indonesia Port Company (IPC) made a deal with global network terminal operator Hutchison Port Holdings to let them operate the Dockers in the Jakarta International Container Terminal (JICT) for the next 20 years (2019-2039) Finally granting concessions JICT management on Huntchinson Port Holding (HPH) sued in the Central Jakarta District Court by the Federation of state-owned Workers Unions-Unite, represented by its Chairman of FX Arief Poyuono and an Indonesian citizen named Haris Rusli, a lawsuit filed to Pelindo 2 or IPC in the central Jakarta district court using the mechanism Citizen lawsuit, lawsuit With numbers 349 / PDT / 2015 / PNJKTPST date of Friday August 7, 2015
Arief said , which became the basis of a lawsuit against Pelindo 2, the Ministry of transportation Indonesia, Hunchinson port Hoding limited and PT JICT related port operation JICT granting concessions on Hunchinson port is limited Hoding are Directors of Pelindo 2 has committed an unlawful act in violation of the Shipping Law 17/2008 (Article 82 and 344 of Law 17/2008) and the Letter of the Minister of SOE No. 318 / MBU / 6/2015 as shareholder stated that just as the operator Pelindo II so that the party who has the authority to make concessions and or its extension is the Ministry of Transportation
In the Letter of the SOE Minister also explained that Pelindo II must consider the legal aspects related to the operation of the power in this case is held by the Ministry of Transportation said Arief
In granting concessions to Huntchinson Port Holding, the Board of Directors of Pelindo 2 / IPC also has done Violations That State Constitution Article 33 of the 1945 Constitution which implemented state that one of them is PT Pelindo 2 which Effort And many activities mastered countless lives and acts against the country of Indonesia this law is strengthened with the violation of Article 2 of Law No. 19 of 2003 clearly stated if the intent and purpose of the establishment of state-owned enterprises by the Indonesian government. Clearly that SOE has an obligation as Pelindo 2 Organizing public benefit in the form of provision of goods and / or services of good quality and adequate for the fulfillment of livelihood of many people
Arief also said The privatization of Jakarta International Container Terminal through the process of acquisition by global capital in international logistic and supply management has resulted in the workers’ suffering, rather than bringing any benefit to them." Jakarta International Container Terminal used to be a state-owned enterprise, but the privatization of the company through the process of acquisition by global capital in international logistic and supply management - Hutchison Port Holdings/Hutchinson Whampoa Limited - has resulted in the workers’ suffering, rather than bringing any benefit to them by this ‘brownfield’ investment. The capital controls 75 percent of the container market in Jakarta’s TanjungPriokPortthrough its cross-shareholding.
Arief also said the reason Union is rejected The extension concessions JICT management on Huntchinson Port Holding (HPH) because its doesn’t take into account the impact on workers. There could be job losses,The union of JICT has been ignored when it has attempted over the past year to discuss concerns and seek a transparent process.,There has been no open tender for the concession and the process has been rushed even though the existing JICT contract only expires in 2019 and The concession extension doesn’t make financial sense and isn’t in the national economic interest.
This concession must be cancelled and a transparent process be put in place to handle the situation. IPC also needs to consider JICT Union’s argument that the port should be owned and managed nationally said Arief
Claims filed in a lawsuit against the judges of the central Jakarta district court is
Stating the Defendants guilty of an unlawful act, as set forth in Article 1365 of the Civil Code
,Punish the Defendants I to cancel the tender Operation and Maintenance JICT Tanjung Priok 2014,Punishing Pelindo 2 to cancel Hunchinson Port Holding (HPH) as the winning bidder Operation and Maintenance JICT 2014,Punishing Pelindo 2/IPC cancels concession from the year 2019 to 2039 JICT to Hunchinson Port Holding
and Punish Hunchinson Port Holding's not allowed to bid in the jurisdiction in Indonesia starting from this decision is legally enforceable; Punishing Transport Minister to oversee the implementation of the management and operation JICT tender to the party will participate in the tender and assign the ministry of transportation in this case represented by the port authority body as a body which is entitled to tender the operation of JICT
Business Competition Supervisory Commission (KPPU) will a follow up The Report of Unions
After receiving a report from the Federation of Trade Unions (FSP) SOE Unite regarding bid rigging cases allegedly committed by PT Pelabuhan Indonesia II (Persero) or Pelindo II with Hutchison Port Holdings, the Business Competition Supervisory Commission (KPPU) would clarify the report in 10 days.
Met after receiving reports of FSP BUMN United on Tuesday (4/8) afternoon, Trial Commission Director Ahmad Junaidi said the institution will follow up on the report. "We received a report on the alleged bid rigging in the extension of the operation in JICT," said Junaidi at the Commission's office in Jakarta, this afternoon. He also mentioned four parties be reported is Pelindo II, Hutchison, Jakarta International Car Terminal (JICT), and the government agencies
In a follow up report of business behavior that undermine the principle of competition, the Commission thinks should run some stage have to accept the report."Based on the Commission's procedural law, the report will be clarification. Maximum within 10 days we will call the complainant again to clarify that has been delivered," he said.
Furthermore, the Commission will also request information from the parties that reported prior to further determine the status of each party."We will make a clarification to the reported because under the principles of audi alteram partem we give the opportunity to the parties, both the complainant and reported, to provide a full explanation to the commission," he continued.
Support to cancel the operational cooperation between the IPC and Hunchinson Port Holding (HPH) over the next 20 years to operate JICT also supported by Transport Minister Ignatius Jonan ask management container port that will be out of contract no longer be extended with third-party foreign legal entities. It was stated in the letter numbered Jonan AI. 107/1/5 Phb 2015, which was signed June 25 to the Minister of State Owned Enterprises (SOE) Rini Soemarno.
"It is recommended that all agreements with third parties on terminals that have long cooperated, to not be extended again. In addition because it has great potential for the country, also in the framework of the national independence, "said Jonan in the letter
Jakarta 8, August 2015
The Federation of State-Owned Enterprise Workers Unions –Unite
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