Whistle Blowing System
The Company has an effective whistleblowing system in place since 2004. This policy of encouraging employees to step forward based on a rewards system complements the Company’s team approach of Corporate Culture. High awareness of the program and the lack of uncovering of fraud by internal control mechanisms indicate that the program is successful in preventing fraud and in preventing situations where fraud might be possible. This aspect of the Company’s approach to disciplined management supports the Company’s desire to implement GCG across all organizational levels.
The Company’s whistleblower policy help to ensure that the Company’s high standards of conduct and integrity are consistently maintained. The whistleblower reporting allows employees or other stakeholders to report, anonymously if necessary, any suspected misconduct or violation of the Code of Conduct. The whistleblower policy, and the procedures for reporting, have been disseminated to all employees, management, suppliers and business partners.
In submitting complaints by employees and stakeholders based on findings of discrepancies that harm the Company, and to maintain the confidentiality of informants who convey information, the Company has constituted and owned the following:
- Whisteblowing System Manager at Special Unit of the Risk Management Division, who can be reached through telephone number of 021-5081 3000 ext. 9659 and email address at email@example.com;
- Through its Special Unit of the Risk Management Division, the Company ensures the confidentiality, safety and anynomousity of the whistle blower;
- Information publication regarding the Whistleblowing System, detail of Manager incharge with phone numbers and email address through “Anti Gift and Gratuity” posters which are placed at headquarter, stores and distribution centers so it can be read and acknowledged by all stakeholders.
Whistleblowing Reports in 2021
In 2021, the implementation of Whistleblowing System identified 68 violation cases with total value of Rp 146.4 million, in which all cases were successfully resolved until year-end.
Internal Whistleblowing Cases in 2021
|Whistleblowing||Total Case||Value (Rp)||%||Solved Case||%||Value (Rp)||%||On Going Case||%||Value (Rp)||%|
The Company took a firm stand toward those violations, where sanctions and firm warnings were issued as well as handed over several violation offenders to the authorities for further actions taken according the prevailing law and regulation.
- On February 28, 2020, PT JCO Donut & Coffee (the
“Plaintiff”) to submit lawsuit even of default to the
Company (Defendant) No. 117/Pdt.G/2020/PN.Jkt.
Pst. The claim amount filed by Plaintiff in the Lawsuit
are the investment value, raw material expense, cost
of purchasing tools and forced money.
Due to the lawsuit, because until now PT JCO Donuts & Coffee has not done the evacuation and handover where this is an illegal act, the Company has filed a counterclaim lawsuit, with a claim for compensation is dismantling costs, warehouse rental expense, transportation cost, loss on rental income and non-material value.
On January 26, 2021, the Judges at the Central Jakarta District Court through the Decision on Case No. 117/Pdt.G/2020/PN.Jkt.Pst, decided to rejected all the lawsuit that submitted by PT JCO Donut & Coffee and to approve partially of the counterclaim lawsuit from the Company. On the result of this decision, the Plaintiff has been filed an appeal on February 8, 2021 through the Clerk Office of the Central Jakarta District Court.
On September 8, 2021, the Judges at the Central Jakarta District Court through their appeal decision No.318/Pdt/2021/PT.DKI, decided to uphold the Central Jakarta District Court's decision.
The result of High Court is to uphold decision of Central Jakarta District Court to punishing the Plaintiff (Reconvention Defendant) to pay compensation to Defendant (Reconvention Plaintiff), to pay dismantling cost, warehouse rental expense, transportation cost.
Based on the result of the decision, efforts have been made to law Cassation by Appellant (formerly Plaintiff) on October 21, 2021 through the Clerk Office of the Central Jakarta District Court. As of the reporting date, the cassation has not yet been decided by the Supreme Court.
- On January 4, 2021, the Judges at the Central
Jakarta District Court through the Decision on Case
No.170, decided to rejected all the lawsuit filed by PT
Talkindo Selaksa Anugrah and to approve partially
of the counterclaim lawsuit from the Company. On
the result of this decision, the Plaintiff has filed
an appeal on January 18, 2021, through the Clerk
Office of the Central Jakarta District Court.
On September 15, 2021, the Judges at the Central Jakarta District Court through their appeal decision No.356/Pdt/2021/PT.DKI, decided to uphold the Central Jakarta District Court's decision.
The result of the decision of the High Court is to uphold decision of Central Jakarta District Court with verdict:
- Declare lease agreement No. 124/TL/PSM/F/TSA/03/17, dated March 22, 2017 ends on February 13, 2020
- Punish Plaintiff (Reconvention Defendant) to carried out demolition
- State Plaintiff (Reconvention Defendant) to carry out demolition.