Saturday, December 19, 2009

Coins for Justice

Today, the number of coins donated by people all over Indonesia to help Prita Mulyasari has reached more than 650 million Rupiah.

This is 3 times higher than the 204 million Rupiah (US$ 21,600) fine that Prita must pay based on the verdict of the High Court of Banten regarding Civil Defamation Lawsuit filed against her by the Omni International Hospital in Banten.

The support for Prita has forced the hospital to request for cancellation of Civil proceedings, and request for amicable settlement based on the intermediary of the Minister of Health.

These efforts failed, because Prita wants the Criminal Prosecution against her at the District Court of Tangerang to be canceled too, but cannot be fulfilled by the hospital. So Prita appealed with the Supreme Court for the civil lawsuit case.

Although the Criminal Prosecution is carried out by the District Attorney, but Prita's demand is reasonable, because the Prosecution exists based on the hospital's report to the Police.

In connection with the injustice faced by Prita and the people's support, a businessman Rahmat Shah said that he wants to buy the coins and build a statue that symbolize justice in his hometown Medan North Sumatera.

For detailed media reports, please click here and here.

The coins shows that people hated the injustice faced by Prita who was jailed for 3 weeks just because she sent e-mail to her relatives and friends about the hospital's terrible services.
Whereas there are other people who were suspected of conspiracy against the Corruption Eradication Commission(KPK) but still untouched by the law.


Image: Courtesy of Wikia.

8 comments:

nimia said...

Although I'm not familiar about Prita's case, I am really amazed about the way Indonesians raised funds in order to help her.

Your friend,

Nimia

H. Nizam said...

Nimia,

We are trying our best to fight for justice. Thank you for your sympathy.

Affans said...

wow, a lot of money huh? i hope got lucky like that he hee...

H. Nizam said...

Affans,

Lucky? Hmmmmm .........
Prita has to spent 3 weeks in jail
and she promised to return the money
or create institution to help other victims.

Thank you for dropping by and your comment.

colson said...

On the one hand the empathy which all these donations show is heart warming. Let's hope it will diminish the (eternal ?) gap between right/just and rights/justice.

Yet I'm afraid it will not structurally change any systemic failure or the execution of the system- if any - in Indonesian judiciary.

H. Nizam said...

Colson,

Yes, let us hope so.
Although people's solidarity in helping by donating coins doesn't necessarily mean that there will be structural change in our judicial system, but at least it has made people in that system, in government, parliament, aware that people are closed monitoring their moves. This kind of awareness is necessary considering all these times those in power thought that they should be obeyed without reserve. Disobedience would be regarded as rebellion.

Rob Baiton said...

Harry...

Is it possible that Prita is now being used by those advising her. If her lawyers were insisting that the criminal complaint be dropped as part of the mediated bargain, they must have known that after three months this is not possible, right?

The best Omni could offer would be to make a submission at the criminal trial that as far as they are concerned the matter is over and they have received 'satisfaction' through the civil trial.

This is a high risk strategy that seems counter to Prita's best interests, particularly if the SC comes back with a decision that affirms the HC award of damages. Further, if the SC does affirm the HC then this reinforces the prosecution case in the criminal trial, doesn't it?

I have always argued this is not the test case for this legislation. I have also consistently argued that the legal team representing Prita have gone about this the wrong way by making it a media event and seeking public sympathy. That is not to say the sympathy is not deserved. It was stupid for her to have ever been put in jail.

However, in terms of strict legal argument an excellent case could have been made in the civil trial as to why this was not defamation. The simple fact being that the content of the "defaming" email is true. The service sucked and included a misdiagnosis. Remembering that truth is a complete defense.

Then it is in the public interest that Prita reveal the poor service / treatment she received because Omni is putting themselves out there in the community as "international" standard health care.

Then, if all else fails the content of the email is opinion.

The case bothers me because the criminal trial would fizzle out at this point in time as Omni back pedals. Yet, I see this as a high risk strategy that might not be about getting justice for Prita anymore, but rather to prove a point. Besides, if the counter suit succeeds and Prita gets an award of say IDR 1 trillion are her lawyers still working pro bono or are they taking a success fee cut from any damages she is awarded?

H. Nizam said...

Rob,

Continuation of the Civil Case to the SC hinder Omni's withdrawal of lawsuit. This, and the Criminal
case, will provide much bigger publicity for these cases and of course the lawyers.

This is risky because the SC might strengthen HC's verdict on the Civil case, and would lead the DC find Prita guilty in the Criminal Case.

Her lawyers must have emphasized the reasons why Prita sent the e-mail: Omni's below standard services & refusal to give initial medical records.
But I am not sure whether before sending the email Prita properly complained thru "proper" channels: Omni, IDI, YLKI.
If yes her chances would be better.

Counter Claim (Gugat Rekonvensi):
If Prita won, she'll most likely share the compensation with her lawyers (as Success Fees).