FIFPro Division Asia/Oceania has successfully informed FIFA about the refusal of the Indonesian football association (PSSI) to deduct points from Persibako Bogor FC. In reaction to FIFPro’s notification FIFA has threatened to expel Indonesia from all FIFA competitions.
In 2008 Persikabo Bogor terminated the contract of Noah Ndjee Bakena. The club did this without an explanation and without offering compensation to the player from Cameroon. As a result he got into financial difficulties and was unable to purchase a flight ticket home. Even worse, while Bakena was trying to get a payout, his work permit expired and he was put in immigration detention for two months. After a joint effort by the Indonesian Players’ Association (APPI), FIFPro and the Australian PFA, Bakena eventually was released in November 2008.
Already before his release the case had gone to the FIFA Dispute Resolution Chamber (DRC), which decided that Persikabo had to pay Bakena the amount of IDR 330,778,300 (which at the time was US $28,260 and is now US 36,712.79). The Indonesian club had to fulfil that obligation before 11 February 2010, but has failed to do so. As a consequence the FIFA Disciplinary Committee (FDC) ordered a deduction of three points for Persikabo. But the Indonesian Football Association restored those three points. Therefore Persikabo can participate in the national play-offs starting on 19 April.
FIFPro Division Asia/Oceania immediately came into action, when it was informed about the restoration of the points to Persikabo. Chairman Brendan Schwab wrote to the FDC with the following request.
‘We respectfully request that FIFA take immediate action to ensure that PSSI fully implements the sanction against the club prior to the commencement of the play-offs and takes all further action to ensure the club pays the player the sums due to him.’
FIFA quickly responded and warned the PSSI that the point deduction ordered by the FDC has to be executed by the relevant association.
‘It cannot be subsequently withdrawn after the payment of the amount due to the creditor,’ FIFA’s reply to the club stated. ‘In case your association should not comply with its obligation, the FDC would have to pronounce an appropriate sanction against the Football Association of Indonesia. This can lead to expulsion from all FIFA competitions.’
FIFPro Division Asia/Oceania wants to stress that its intention is not to get Indonesia banned from FIFA competitions, but the Players’ Association has to act on behalf of Noah Bakena.
Brendan Schwab further emphasised the hardship that Bakena has endured as a result of the treatment he has received from Persikabo.
‘We note that the mistreatment of the player by the club in this matter extended beyond non-payment. Noah Bakena spent two months in immigration detention because of the club’s conduct. As a result of the restoration of points, Persiboka will receive no sanction for its continued disregard of the DRC’s order to pay the player the amounts referenced above.’
