Definition
Whistleblowing
Is a system built to facilitate all parties to report suspected acts of violation in accordance with acts of violation categories as outlined in the Violation Policy.
Whistleblower
Is a party reporting suspected acts of violation in accordance with acts of violation categories as outlined in the Violation Policy.
Whistleblowing Team
Is a team formed by the Company comprising the Managers or Heads of the Internal Audit Department, Legal Department, Human Resources (HR) Department, and Corporate Secretary, who due to their functions and capacities are entrusted by the Company to carry out the following duties:
Ensuring the confidentiality of report content.
Protecting Whistleblower Investigation and Protection Officer (WIPO) and whistleblower’s identities.
Receiving reports of violations and categorizing the violations by their types to be subsequently assigned to WIPO for investigation.
Taking further action on the results of investigations carried out by WIPO, including forwarding the same to the Board of Directors for further action on significant violations.
Taking minutes of investigation along with the results and reporting thereof.
Whistleblower Investigation and Protection Officer (WIPO)
Is part of the Whistleblowing team, namely the party assigned by the Company to represent the Internal Audit, Legal, and HR Departments appointed by the Whistleblowing team to investigate alleged violation of conducts.
WIPO members also play a role to ensure whistleblower protection by the Company against retaliation or threats of retaliation and the confidentiality of their identity.
WIPO responsibilities are as follows:
Protecting the Whistleblowers.
Conducting investigations and taking required follow-up actions on occurred violations.
Filing reports:
Reports of violations of significant scale
In the event of act of violation categorized as significant, WIPO may forward it to the Board of Directors through the Whistleblowing Team as a follow-up to such act of violation, after which the Board of Directors will make a final decision on such act of significant violation.
Whistleblowing policy implementation report
WIPO is also responsible for submitting the summary of the Whistleblowing Policy implementation report to the Audit Committee for review on the effectiveness of such Whistleblowing policy and its compliance with the laws.
Purposes
Whistleblowing policy is aimed to:
Comply with POJK No. 21/POJK.04/2015 concerning the Implementation of Corporate Governance Guidelines for Public Company and OJK Circular Letter No. 32/SEOJK.04/2015 concerning Corporate Governance Guidelines for Public Company on the principles 7.5 Public Company have a whistleblowing system policy.
To provide legal protection to Whistleblower in violation case report, that include safety protection, identity confidentiality, and protection against retaliation or threat of retaliation.
Establish procedures for the reporting of unethical or illegal actions in the Bayan Group to ensure each report is thoroughly investigated and appropriate actions are taken.
To promote transparency, uphold ethical behaviour, and prioritize responsible conducts within the Bayan Group environment and during work relationships with external parties, in this case business partners and government agencies or parties related to the Bayan Group.
Protect and maintain the company's image.
Improve internal control system in implementing Good Corporate Governance principles.
Acts of Violation set forth in Bayan Group Violation (Whistleblowing) Policy
Acts eligible for report shall constitute all forms of unethical or illegal actions, supported with convincing reasons and evidences for Company considerations and follow-ups, which are related to the following actions:
Corruption and collusion.
Bribery.
Fraud, manipulation, dishonesty, theft/embezzlement, violation in goods and services procurement process, abuse of office/authority.
Discrimination, oppression, intimidation, and SARA (tribal affiliations, religion, race and societal groups) related actions.
Actions that are considered negligence or intentional wrongdoing that endanger work safety and Company security.
Violations of all company policies and guidelines, including but not limited to Company Regulations, Company Code of Ethics, Company-issued guidelines, and Standard Operating Procedures (SOP).
Violation of law and/or other laws and regulations (including but not limited to sexual abuse, theft, violence, blackmail, drug use, and other criminal acts).
Acceptance of gratification that requires to be reported, which are not consistent with Bayan Group Gratification Management and Control Guidelines.
Whistleblowing Report
Confidential Whistleblowing Reporting Channels
Whistleblowing reports may be filed through several confidential media as follows:
E-mail to whistleblowing@bayan.com.sg
Hotline, SMS and Whatsapp call to +62 811-1050-9001
Letters, marked as confidential, delivered to PT Bayan Resources Tbk, Office 8 Building, 37th floor, Unit A - H, Jalan Senopati No. 8B, Senayan, Kebayoran Baru, Administration City of Jakarta Selatan, DKI Jakarta 12190, Indonesia, phone: (62-21) – 2935 6888, for the attention of: The Whistleblowing Team.
Anonymity
The whistleblower may choose to file a report without specifying their identity (anonymous) and will still be entitled to protection and safety. However, a number of difficulties may arise with anonymous reporting, namely:
Limited follow-up actions (WIPO cannot seek additional information or clarification from the whistleblower, and in the event of the report lacking details or being unclear, investigation may be suspended).
Insufficient information (without supporting evidence or sufficient context, it will be difficult for investigators to support claims or take follow-up actions).
Difficulty in assessing credibility (when whistleblower identity is unknown, it will be harder to assess their credibility or motives, resulting in uncertainty about the accuracy of the report).
Challenging investigations (without access to the whistleblower as key witness, it will be difficult for investigators to gather additional supporting evidence).
Difficulty in preventing retaliation (since the identity of the whistleblower is unknown to the organization, it will be harder to monitor or defend them against retaliation and to provide legal protection).
Protection for Whistleblowers
No act of retaliation against whistleblowers
Bayan Group strictly prohibits any form of retaliation against the whistleblower, including dismissal that does not promote the principle of justice, demotion as retaliation for whistleblowing, abuse, or other work-related discriminatory actions, and is fully committed to protecting the identity of the whistleblowers and the confidentiality of the content of whistleblowing reports.
Confidentiality of Report
All Whistleblowing reports will be handled with utmost care and confidentiality by both the Whistleblowing Team and WIPO.The confidentiality of the whistleblower’s identity will be protected by WIPO. Their identity will only be disclosed with the whistleblower’s prior consent and if required by law.
Whistleblowing Case Report Form
The whistleblower is expected to be able to disclose information to their best effort with details of incident and/or initial evidence to facilitate initial investigation.
These may include:
Date, time and location of the incident;
Name of the reported party and/or relevant parties, including the name of position/unit/division (if known);
The relationship between the whistleblower and the reported party;
Details of actions taken by the reported party; and
Evidence of the occurrence of the action, whether in the form of photos, recordings, documents or others.
False Report or Information
WIPO will conduct an initial review to determine the credibility of such whistleblowing report.The whistleblower is expected to have valid reasons and evidence when providing the information and to assure the truthfulness of such information. The whistleblower is also expected to convey such information in good faith, without ulterior motives to manipulate or defame the good reputation of other parties.
Good Faith
The purpose of this whistleblowing policy is to promote transparency and uphold ethical and responsible behaviour within the Bayan Group environment. The achievement of such purpose needs to be based on good faith, namely honest and sincere intention in reporting alleged violations that is founded on sufficient, valid and reliable preliminary information ascertained to be true by the reporting party or the whistleblower, without any personal motive to harm, defame the reputation of, and/or manipulate other parties.Whistleblower acting in good faith will not be subjected to sanctions, even if the report is later found to be unproven or unsupportable with sufficient evidence.The purpose of this policy is to encourage transparency and honesty in whistleblowing, as well as to provide protection for whistleblowers reporting in good faith.
Sanction for False Report or Information
Sanctions or legal actions may be enforced if the information or whistleblowing is later proven to be based on invalid facts, evidence or information, which may have the potential to defame the good reputation of the Company and certain parties.Sanctions may also apply for whistleblowing in bad faith when the report is proven to have been made in bad faith, such as intentional submission of false or misleading information that aims to harm other parties or illegally benefit oneself. The whistleblower may then subsequently be subjected to sanctions in the form of disciplinary or legal actions pursuant to applicable regulations in the Company. This sanction shall be imposed after thorough evaluations by the Whistleblowing Team. In the event a report is made with malicious intent to slander, or made without the accompaniment of reasonable evidence, the whistleblower may be imposed with legal sanctions, such as defamation or slander pursuant to applicable legal provisions.