The Ministry of Foreign Affairs successfully helped win a compensation lawsuit in the civil trial of the late Adelina Lisao, an Indonesian migrant worker from NTT who was allegedly mistreated 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 Pulau Pinang High Court, YA Dato Anand Ponnudurai, on Thursday, February 8, 2024 at 2 p.m. local time has granted the lawsuit, awarding 750,000 Malaysian ringgit (equivalent to Rp2.45 billion) in compensation for the deceased,” the ministry said on Friday.
The compensation includes 250,000 ringgit (around Rp818 million) for distress and 500,000 ringgit (around Rp1.6 billion) for Adelina’s suffering.
The judge also awarded 25,000 ringgit (about Rp81.8 million) for travel expenses incurred by the heirs to come to Malaysia, and 5 percent interest per year calculated from the time the case was registered in the Pulau Pinang High Court in August 2023.
The interest will be charged to the defendants until the compensation is paid.
Previously, on November 30, 2023, the Pulau Pinang High Court had granted a lawsuit for reimbursement of funeral expenses amounting to 21,427.57 ringgit (around Rp70 million) and payment of wages not paid by the employer of 54,000 ringgit (equivalent to Rp176.8 million).
“The judge continued to grant this claim despite the absence of the defendants, namely Adelina’s former employer, as well as her lawyer,” the Ministry of Foreign Affairs said in its written statement.
In February 2018, Adelina Lisao was found in her employer’s house with bruises on her head, hands, and feet due to abuse and neglect.
Adelina Lisao died on February 11, 2018 at Bukit Mertajam Hospital, Penang, a 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 of Indonesian Citizen Protection of the Ministry of Foreign Affairs has sought justice for Adelina through criminal law channels to appeal to the Persekutuan Court in Putrajaya.
However, on June 23, 2022, these efforts failed after the Persekutuan Court Judge upheld the High Court and Rayuan Court decisions to acquit Adelina’s employer of murder charges.
The public prosecutor was deemed not to have carefully drafted the charges.
Nonetheless, the Indonesian government and Pressgrave & Matthews Law Firm continued to pursue justice for the late Adelina Lisao through civil channels until the verdict of the compensation hearing was obtained.
Wanton welcomed the Judge’s decision to grant compensation to the heirs of the late Adelina Lisao.
“The result of this trial shows that there is justice for the late Adelina Lisao and for the family left behind,” he said.
According to the Director of Protection of Indonesian Citizens at the Ministry of Foreign Affairs Judha Nugraha, legal assistance to fight for Adelina Lisao’s rights has been a priority for the Indonesian government since the beginning.
“This verdict is expected to have a deterrent effect on employers who treat Indonesian migrant workers inhumanely,” he said.