Depok – Whether it is kolor ijo (the green underpants), who rapes women in their sleep, or setan mukena (the prayer-robe ghost), who knocks on people's doors at night, traditional folklore lives on in Jakarta and its satellite cities, with many of the capital's denizens holding fast to timeless superstitions.

In recent weeks, a number of residents of the Sawangan Baru subdistrict of Depok, West Java, have been shaken by what they claim to be sightings of a flying casket, wooden and without a bearer.

The casket has been reported floating above a garden and a graveyard in the subdistrict, residents say, and some sightings have even been reported to the Depok Police.

Depok Police chief Harry Kurniawan told The Jakarta Post on Wednesday that the force had advised the people of the subdistrict to remain calm.

"We have told the residents not to be tricked by this issue, which was probably fabricated by parties with nefarious intentions. Maybe they want to exploit the situation to rob houses, for instance," he said.

People are scared to go out at night, said local woman Asri Nuraniyah. "Last week, some of my neighbors even planned to call a shaman to repel the casket, but our fears subsided after the police advised us to stay calm."

Another resident, Risal Mahendra, claimed to have seen the flying casket with his own eyes while taking a walk around a cassava farm. "It was flying slowly; I was shocked and fled."

Many people in Jakarta and its surrounding areas, especially those living in kampungs, remain deeply superstitious and readily claim to have witnessed the appearance of spiritual creatures like kuntilanak (female ghosts), pocong (shrouded ghosts) and tuyul (mischievous childlike ghosts).

One citizen tied to such beliefs is 44-year-old Ratna Kurniasih, a jewelry seller of Kalimalang, East Jakarta. "Of course [such beings] exist, they just don't make themselves obvious. I have seen kuntilanak twice, once when I was a high-school student and once around three years ago," Ratna told the Post on Thursday, adding that she had inherited her belief in the occult from her mother.

Social psychologist Indro Adinugroho said the continued superstition was down to tradition. He cited the universal value theory by award-winning Israeli psychologist Shalom H. Schwartz.

"According to one aspect of the theory, one will retain any hereditary cultural value one is taught. For Indonesians, this means traditional spiritualism values, which are passed down from generation to generation," said the Atma Jaya Catholic University lecturer.

"Such belief in spiritual values is sustainable because it is accepted and internalized by the community." (adt)

Source: http://www.thejakartapost.com/news/2016/08/19/depok-in-fit-after-sightings-of-flying-casket.html

West Papua

Academics to improve education, agriculture in Papua under new Jokowi-backed

Jakarta Globe - August 19, 2016

Jakarta – The president's administration will send 24 US-based Indonesian academics to Papua to improve education and agriculture in the region.

A portion of the 74 Indonesian educators and academics currently working in the US will return to develop vocational schools in the country's easternmost province. The plan will include coordination with Cenderwasih University in Jayapura and Papua University in West Papua.

President Joko "Jokowi" Widodo told press on Thursday (18/08) that he had requested 24 academics go to Papua to develop education throughout the province. The professors will also help establish a center for rice paddy research in Merauke district, the realization of a 20-year plan.

The move comes amid government efforts to encourage expat Indonesian academics to return to the country. Despite abundant natural resources, Papua has long been considered one of the country's most underdeveloped provinces. Complaints have grown of unfair financial advantages given to the restive region by the central government.

Papuan separatist activist Markus Haluk told the Jakarta Globe the academics were not necessary. "We don't need professors from the US, or any other country. Send them to other provinces in dire need."

"What we've long deserved is the right to self-determination that should've rightly been granted by the president, as enshrined under the constitution as well as international laws."

Source: http://jakartaglobe.beritasatu.com/news/president-says-to-send-professors-to-papua-for-education-agriculture-development/

Change of mood on West Papua issue

Fiji Times - August 17, 2016

Avinesh Gopal – Pacific Islands Association of NGOs executive director Emele Duituturaga says the groundswell of support for West Papua across the region is the ideal build up to the upcoming Forum Leaders meeting in Federated States of Micronesia.

Ms Duituturaga made the comments after presenting the issue of West Papua to the Regional Civil Society Forum in Suva last week.

"There is definitely a change of mood across the Pacific on this issue as they begin to understand the severity of the human rights abuses and violence faced by West Papuans and the colonial history," she said in a statement today.

"Our CSO forum heard of issues raised in national consultations and what other CSO partners had echoed and we were pleased to hear that there is widespread support from CSO partners across the region for this as a priority regional issue.

"So it is heartening to see West Papua under the list of initiatives for leaders consideration in the summary of recommendations compiled by the Forum Specialist Sub-Committee on Regionalism."

Source: http://www.fijitimes.com/story.aspx?id=367256

Groundswell of support for West Papua in time for Forum Leaders Meeting

Pina News - August 16, 2016

Fiji – The groundswell of support for West Papua across the region is the ideal build up to the upcoming Forum Leaders meeting in Federated States of Micronesia says Pacific Islands Association of NGOs (PIANGO) Executive Director, Emele Duituturaga.

Duituturaga made the comments after presenting the issue of West Papua to the Regional Civil Society Forum in Suva, last week.

"So it is heartening to see West Papua under the list of initiatives for leaders' consideration in the summary of recommendations compiled by the Forum Specialist Sub-Committee on Regonalism," Duituturaga said.

West Papua is one of the six initiatives listed for leaders' consideration and has been again reiterated by the Foreign Ministers meeting as one of the agenda items for leaders to consider at the September meeting.

"The Pacific Coalition on West Papua was set up by Solomon Islands Prime Minister, Sogovare after the Melanesian Spearhead Group (MSG) meeting to expand the advocacy network on the issue of West Papua from within the bounds of the Melanesian bloc to the greater Pacific Region to lobby for support for its resolve to take up the issue to the United Nations for intervention."

"Polynesian leaders through the initiative of the Tongan Prime Minister are also mobilising their support after a meeting in Tahiti where they discussed this issue," she said.

Duituturaga said civil society in the Pacific are looking forward to seeing West Papua on the agenda for the Forum Leaders meeting next month.

PIANGO will be organising a CSO Roundtable in Pohnpei prior to the Leaders meeting, at which the issue of West Papua will discussed as part of the broader decolonisation and self-determination agenda for the Pacific. (PIANGO/PACNEWS)

Source: http://www.pina.com.fj/index.php?p=pacnews&m=read&o=125278043357b3ac1a79f78317ce2d

External elements linked to disorder at Papua rally

Radio New Zealand International - August 16, 2016

Reports from Indonesia indicate external elements hijacked a peaceful rally yesterday in the Papuan provincial capital when unrest broke out and police made arrests.

The rally in Waena, a suburb of Jayapura, had been organised by the West Papua National Committee, or KNPB, to mark the 55th anniversary of the New York Agreement.

The US-brokered deal in 1962 between Indonesia and the Netherlands concerning the future administration of West New Guinea lacked consultation with West Papuans themselves.

It's one of the core grievances for West Papuans regarding the incorporation of the former Dutch New Guinea into Indonesia.

Around 50 KNPB activists were arrested for handing out leaflets informing people of yesterday's mobilisations in Jayapura.

The KNPB has been centrally involved in a series of large public demonstrations in cities across Papua region since April.

These demonstrations have voiced support for the United Liberation Movement for West Papua and international efforts to assist Papuan rights including self-determination.

Although peaceful, some of the demonstrations resulted in mass arrests, with one rally in Jayapura on 2 May alone resulting in around 2000 Papuans being taken in by police.

Watched over by the usual heavy presence of police and intelligence agents, Monday's rally, and a simultaneous demonstration in downtown Jayapura, heard from KNPB leaders, outlining West Papuan opposition to the New York Agreement.

"We Papuans claim that New York Agreement in 1962 is not valid and firmly reject because Indonesia did not enforce the right of self-determination (Self-determination) democratically," read a statement signed by the KNPB Central Chairman, Victor Yeimo.

However while the Waena demo started off peacefully from the University of Cenderawasih zone, it later descended into unrest with a group allegedly burning tires, vandalising vendors' kiosks and causing other damages on Waena's main street.

Police forcibly dispersed the melee and, according to Indonesian media, arrested six demonstrators who were among the mob causing anarchy and fires.

The Antara News agency quoted police saying they arrested members of the KNPB. However a West Papuan lawyer and Catholic lay activist, Frederika Korain, said the KNPB were wrongly blamed for the unrest.

"People know that already it is not done by the KNPB members," she said, "because they know that then people in the KNPB they have shown their peaceful movement already in the past four months now, in their big mass rallies."

A spokesperson for the KNPB has denied the organisation's involvement, saying he didn't know who the arsonists were. Frederika Korain also said it was unclear who was responsible for the disorder at Waena.

Reports emerging from some of the mass rallies in May and June in Papua described undercover militia groups cause havoc in response to otherwise peaceful public mobilisations.

Meanwhile two young women were hospitalised after yesterday's event in Waena. One was assaulted by unknown assailants, while the other was shot by rubber bullets while fleeing the scene when police started pointing guns at people and firing into the air.

Source: http://www.radionz.co.nz/international/pacific-news/311119/external-elements-linked-to-disorder-at-papua-rally

Papuan self-determination fighters deny vandalism allegation

Jakarta Post - August 16, 2016

Nethy Dharma Somba and Evi Mariani, Jayapura/Jakarta – National Committee of West Papua (KNPB), an organization campaigning for the right to self-determination for the people of Papua and West Papua provinces, denied allegations by Papua Police that supporters rallying on Monday had committed vandalism.

KNPB head Victor Yeimo told The Jakarta Post Monday evening that the KNPB believed in fighting without violence.

Papua Police chief Insp. Gen. Paulus Waterpauw said Monday they arrested two people during the KNPB rally in Jayapura.

"Both were arrested because they committed [violence], blocking the streets with wood, burning tires in the middle of the streets and damaging street vendors' goods," said Waterpauw.

The police reported KNPB staged a rally, marching 15 kilometers from Perumnas Tiga to the Papuan Council. Security apparatuses blocked them and Waterpauw said when the police blocked them, rally participants started throwing rocks at the police, burned tires and blocked the streets. "They have staged rallies that disturbed public order several times," Waterpauw said.

KNPB supporters staged a rally to mark the New York Agreement signed on Aug. 15, 1962, which decided that Papua would join the Republic of Indonesia. They said the agreement was made not by Papuans themselves.

Veronica Koman, a Jakarta lawyer from Papua Itu Kita, a solidarity movement for Papuans, said the KNPB had denied that the two people arrested were among their supporters. She said she had received reports from her Papuan contacts that about 100 KNPB supporters were rounded up in a police truck in Jayapura. They were subjected to police violence on the truck and later released.

Victor accused the police of violence. "They shot at us in Waena [Jayapura]," he said. Victor said five people were injured by rubber bullets.

Waterpauw said the police had to fire warning shots into the air during the rallies.

Source: http://www.thejakartapost.com/news/2016/08/16/papuan-self-determination-fighters-deny-vandalism-allegation.html

1965 anti-communist purge

Red scare to stay as govt keeps ban on communism

Jakarta Post - August 23, 2016

Jakarta – The government has retained articles banning communism in a proposed revision of the Criminal Code (KUHP), raising concerns that a crackdown on cultural events and anything else related to the ideology will continue.

Despite adding a provision to protect academic study and analysis of Marxist-Leninist thought, the reluctance to scrap the prohibition reflects the government's persistent phobia over the political philosophy.

Copying the current KUHP, the ban is covered by articles 219, 220 and 221 in the draft revision.

The director of the Institute for Criminal Justice Reform (ICJR), Supriyadi Widodo Eddyono, said on Monday that he urged lawmakers to repeal the articles to avoid violating people's rights to pursue knowledge.

"The definition of Marxism and Leninism [in the articles] is vague and open to multiple interpretations. A state apparatus might use it to crack down or prosecute based on its own interpretations," he said.

A human rights advocate and former chairman of the National Commission on Human Rights, Ifdhal Kasim, added that every individual had the paramount right to pursue knowledge under every circumstance. "Indonesia could be the only country in the world that prosecutes its people for their ideologies," he said

In Article 219, point C, discourse among academics was allowed as long as it was intended for scientific purposes. However, many scholars believe that the point does not clarify the definition of intention.

"We are grateful for that protection, but I think the articles are too dichotomist. I believe learning communism should not be limited to certain people. The whole public should have unlimited access to pursue any knowledge," the head of Yogyakarta-based Gajah Mada University's School of Philosophy, Mukhtasar Syamsuddin, told The Jakarta Post over the phone.

Another renowned scholar, Franz Magniz-Suseno, told the Post that limiting access for the public to learn certain subjects would not only violate people's rights, but would also become a gateway for misconception. "Prohibition of certain subjects of study will let people get easily fooled by wrong explanations," he said.

He added that the state indeed prohibits espionage or any attempt to replace Pancasila, but as a subject of study, Marxism could enrich people's knowledge so that they could have a better understanding and comparison of Pancasila as the state's ideology.

On several occasions in different places across the country, such as in Jakarta, Bandung and Yogyakarta, authorities have cracked down on movie screenings, discussions, or book launches related to communism.

An international trade law and policy expert with the University of Indonesia (UI), Mahmud Syaltout, explained that even at universities, crackdowns still occur.

In the 19-month-long research he carried out from January last year, he discovered that 52 crackdowns happened across the country, of which 40 were related to communism. (fac)

Source: http://www.thejakartapost.com/news/2016/08/23/red-scare-stay-govt-keeps-ban-communism.html

Feminism & women's rights

Sexist, discriminatory policies proliferate in regions

Jakarta Post - August 20, 2016

Jakarta – If you are a woman residing in Sumedang, West Java, going out alone at night may now pose problems. The city has issued a regional bylaw stipulating that anyone with an "eye-catching appearance", one that could encourage others to engage in sexual behavior, shall be punished.

The Sumedang bylaw is one of the many sexist and discriminatory regulations in place in the country, the number of which, according to the National Commission on Violence Against Women (Komnas Perempuan), continues to rise.

In a report released on Thursday, the commission says it recorded 33 discriminatory regulations in the form of circulars, regency instructions, bylaws and regulations in lieu of law from September last year to August 2016.

"The number of discriminatory policies against women and minorities stood at 422 this year, up from 389 last year," commissioner Kariroh Ali told reporters in Jakarta.

Many types of discriminatory regulations are related to the issue of public order. The wording of these regulations are often ambiguous and can easily be abused.

"Government officials can interpret the regulations according to their own definitions and wishes because the wording often carries multiple interpretations," Kariroh said.

She said the Sumedang bylaw was a perfect example of how ambiguous wording in legislation could lead to discrimination. "The meaning of 'eye-catching appearance' can mean different things from one person to another."

Another discriminatory policy involves a 2016 regency instruction issued by officials at Bierun regency in Aceh, North Sumatra. The instruction prohibits transgender people from working at hair salons.

In Padang Pariaman, the regent issued a regulation banning singers from accepting an offer to sing after 4 p.m. This regulation damages people's right to work. "These kinds of policies ignore people's constitutional rights," Komnas Perempuan chairperson Azriana said.

Most of the discriminatory policies are enacted in Muslim-majority cities because many regional heads believe that they have a duty to ensure that their people do not engage in acts considered immoral in Islam, Azriana said.

"The government has to realize that its responsibility is not only to people of the same religion, but also to people of different religions," she added.

Since 2009, Komnas Perempuan has recorded 422 discriminatory policies across 34 provinces. The province with the highest number of discriminatory policies is West Java, with 97 policies. West Java is followed by West Sumatra with 49 policies, East Java with 34 policies and South Kalimantan with 26 policies.

The commission deplored the fact that of the 3,134 bylaws canceled by the Home Ministry in June 2016, none of them were related to discriminatory polices. "All of them are related to investment and licensing," Azriana said.

The commission recommends that the government, especially the Home Ministry, cancel all discriminatory regulations related to women, religions and gender to ensure people's constitutional rights are protected. (win)

Source: http://www.thejakartapost.com/news/2016/08/20/sexist-discriminatory-policies-proliferate-regions.html

Sexual & domestic violence

Call center opened for rape victims

Jakarta Post - August 17, 2016

Anton Hermansyah, Jakarta – As a result of an increase in rape cases, the government has opened a 24-hour call center to receive reports of rape.

Social Minister Khofifah Indar Parawansa asked the public to utilize the call center at 1500-771, which was launched on Aug. 2. "Please utilize it to report any rape," she said at the House of Representatives complex in South Jakarta on Tuesday.

Based on reports received by the call center over the past two weeks, Khofifah continued, West Java had the most reports of rape, in which most of the victims were elementary school students. Meanwhile, most rape victims in East Java were female secondary school students.

After the 2015 gang rape of a 14-year-old girl by five males, three of whom were underage, in Sidoarjo, East Java, in which some media outlets revealed the identity of the girl, the minister appealed for the protection of victims' identities.

"Exposing the victims can negatively affect him or her," she said, adding that the victim of the 2015 Sidoarjo rape case currently lived in a barn as a consequence of the press exposure. (ags)

Source: http://www.thejakartapost.com/news/2016/08/17/call-center-opened-for-rape-victims.html

Political parties & elections

Political dynasty a blight on Banten elections: Electoral watchdog

Jakarta Globe - August 23, 2016

Jakarta – An electoral watchdog warned that Banten's political dynasty has made it impossible for clean, honest and fair regional elections to take place in the province.

With former governor Ratu Atut Chosiyah's first son running as deputy governor in 2017, the family is likely to flex its muscle in the province's bureaucracy to spoil the chances of the other candidates.

"This political dynasty is capable of mobilizing the bureaucracy. A democratic election is simply impossible if the family takes over the system," coordinator of the People's Voter Education Network (JPPR) Masykurudin Hafidz said on Tuesday (23/08).

According to Masykurudin, there is also concern that Ratu Atut and her family will easily outdo all the other candidates in campaign funding. "Donations are pouring into the family's coffers. The other candidates won't [be able to] compete," he said.

Masykurudin said some political dynasties in Indonesia have taken advantage of their position to siphon off money from regional funds – including aid budgets – to fund their political campaigns.

Ratu Atut's political dynasty has been notorious for dominating the political scene in Banten. Although she is no longer the governor, her family remains highly influential.

Another region infamous for its political dynasty is South Sumatra where the son of the governor Alex Noerdin, Dodi Reza Alex, plans to run for office as the Musi Banyuasin mayor.

Alex Noerdin, prior to his election as governor, was the mayor of the city.

Source: http://jakartaglobe.beritasatu.com/news/political-dynasty-blight-banten-elections-electoral-watchdog/

Environment & natural disasters

Indonesian fishermen implicate Oz in Montara oil spill

Jakarta Post - August 23, 2016

Djemi Amnifu, Kupang – Indonesian fishermen from East Nusa Tenggara kicked off their legal battle on Monday at an Australian court, demanding justice for an oil spill in the Montara oil field that has destroyed their livelihoods for the past seven years.

The head of Care for West Timor Foundation's (YPTB) legal team, Ferdi Tanoni, who represents more than 13,000 fishermen in the class action lawsuit filed at the Federal Court of Australia in Sydney, said that other than Thailand's PTT Exploration and Production (PTTEP) Australasia, the Australian government should also be held accountable for the accident.

"Australia can't wash their hands of this case because some eyewitnesses saw an Australian aircraft flying low above the Timor Sea while spraying liquid on top of the oil spill," he told The Jakarta Post on Monday.

A fisherman, Muhammad Hatta, said he witnessed a red aircraft flying a week after the incident, during which the Montara oil rig, owned by oil and gas exploration firm PTTEP Australasia, exploded some 690 kilometers west of Darwin and 250 kilometers southeast of Rote Island, East Nusa Tenggara.

"We were around Kolbano waters in Timor Tengah Selatan regency, East Nusa Tenggara. We saw the Australian airplane spray liquid on top of the oil spill in Kolbano waters," he said.

Ferdi said the liquid was used to disperse the oil spill to the bottom of the ocean based on a laboratory analysis done by experts from Australia, the US and Indonesia.

The dispersant is highly toxic and thus could destroy the marine ecosystem, Ferdi said. It was alleged that the aircraft, caught by satellite photos, was operated by the Australian Maritime Safety Authority (AMSA).

After the horrific explosion in 2009, gas and oil from the rig gushed into the Timor Sea for more than 70 days. It is estimated that in excess of 300,000 liters of oil per day contaminated the sea, equivalent to pouring 10 Olympic swimming pools of toxic sludge into the ocean over the months the spill continued.

The oil spill has had a devastating effect on the livelihood of fishermen and coastal communities in East Nusa Tenggara, with fish catches and seaweed harvests continuing to decline in the heavily polluted waters.

Timor Sea Traditional Fishermen Alliance (Antralamor) chairman Mustafa said the fishermen in East Nusa Tenggara earned 70 percent less than what they got before the incident. "Before the pollution, we could get Rp 20 million [US$1,510]; now it is Rp 5 million," he said.

More than 13,000 seaweed farmers sued PTTEP for potentially more than A$200 million ($152 million) to cover damages.

Reuters reported that a Darwin-based lawyer, Greg Phelps, has pushed for compensation for Indonesian seaweed farmers whose livelihoods he believes were affected by the oil spill. Funding for the case will come from UK-based Harbour Litigation Funding.

Source: http://www.thejakartapost.com/news/2016/08/23/ri-fishermen-implicate-oz-in-montara-oil-spill.html

Hot spots increase in West Kalimantan

Jakarta Post - August 20, 2016

Pontianak – The number of hot spots in West Kalimantan increased to 636 on Friday, raising concerns that thick haze could disrupt flights at Supadio Airport in Pontianak.

Bayuh Iswantoro, the Pontianak general manager of airport operator PT Angkasa Pura II, said his office had prepared for possible haze in the near future.

"Internally, we have maintained the readiness of our facilities. We have ensured the instrument landing system is in a primary condition," Bayuh said Friday.

In anticipation of thick haze that could disrupt flights, Bayuh said his office had also discussed delay management with some airlines.

The Meteorology, Climatology and Geophysics Agency (BMKG) has recorded 636 hot spots in 13 regencies and cities in the province as of 7 a.m. on Thursday. Since Aug. 1, rainfall has decreased in the province.

Source: http://www.thejakartapost.com/news/2016/08/20/island-focus-hot-spots-increase-west-kalimantan.html

Stop blame game, start working, experts say

Jakarta Post - August 18, 2016

Bambang Nurbianto, Kuching, Sarawak – As the number of hot spots in forest areas is increasing, relevant parties – government, companies and smallholders – have to stop playing the blame game and focus on how to extinguish fires before they spread to other areas and become uncontrollable, experts say.

Susan Page, a professor at the University of Leicester in the UK, said that under such circumstances, close cooperation on the part of all parties was needed to prevent fires from spreading.

"There should be no blame game anymore. The government, the companies and society need to cooperate to prevent the fires from spreading," Page told The Jakarta Post on the sidelines of the 15th International Peat Congress in Kuching, Sarawak, Malaysia, on Wednesday.

The number of hot spots in Sumatra increased by 92 to 365 on Wednesday from to the previous day. The majority of hot spots (278) were found in Riau forests, according to the head of the Meteorology, Climatology and Geophysics Agency's (BMKG) station in Pekanbaru, Slamet Riyadi, as reported by Antara.

In the long run, Indonesia needs a more comprehensive solution to stop the annual forest fires by helping smallholders use more ecologically friendly methods – rather than just burning – to clear their land with the help of the government, the business community and even the international community, said Page, a physical geography professor.

Meanwhile, Khor Yu Leng, a researcher with LMC International, a private company based in Singapore, agreed with Page's opinion, saying it was not fair to blame smallholders for the annual forest fires because they could not afford the high cost of better land clearance methods.

"The question is who covers the cost? The government could help them by providing a subsidy. The companies could help them by providing land clearance equipment, while international communities could provide them with financial assistance," Khor said.

Khor, who conducted research on oil palm farmers in Riau, said the palm oil sector would remain an attractive business in coming years because the income was much better than the minimum wage in the province. "More and more people may open businesses in this sector and more problems, like forest fires, will follow," Khor added.

Meanwhile, Supiandi Sabiham, an expert with the Bogor Institute of Agriculture (IPB), said the government needed to closely monitor the implementation of a regulation that allowed communities to clear land by fire if the land measured less than 2 hectares because such fires could spread and become wildfires.

Source: http://www.thejakartapost.com/news/2016/08/18/stop-blame-game-start-working-experts-say.html

Indonesia must go all out to prevent forest fires: Expert

Jakarta Post - August 17, 2016

Bambang Nurbianto, Kuching, Sarawak, Malaysia – The Indonesian government, plantation companies and communities need to take immediate action to prevent forest fires as hot spots have started to emerge in a number of forested areas in Kalimantan and Sumatra, an expert has warned.

"Before fires spread wildly and uncontrollably, we need to immediately stop them. The government, plantation companies and communities need to cooperate to address the problem," Supiandi Sabiham, an expert with the Bogor Institute of Agriculture (IPB) and chairman of the Indonesian Peatland Association, told The Jakarta Post in Kuching, Sarawak, Malaysia on Wednesday.

The government needs to closely monitor the implementation of a regulation that allows farmers to clear land measuring less than 2 hectares by fire because such fires could spread to other areas and become wild fires, Supiandi added.

Speaking on the sidelines of the 15th International Peat Congress, Supiandi reminded that forest fires occurred on both peatland and in forests and had the potential to spread and be difficult to extinguish.

Fire occurs annually in both forest and peatland areas in Sumatra and Kalimantan. The resulting smoke leads to heavy air pollution that causes serious health problems among local people and disrupts air transportation. In previous years, the haze has spread to Singapore and Malaysia.

Meanwhile, Kalyana Sundram of the Malaysian Palm Oil Council (MPOC) said that Malaysia was able to control forest fires because the government strictly enforced a law that prohibited clearing land by fire. "Any plantation companies will face license revocation if they are found guilty of burning," he added.

Source: http://www.thejakartapost.com/news/2016/08/17/indonesia-must-go-all-out-to-prevent-forest-fires-expert.html

Haze making its annual comeback in Sumatra

Jakarta Post - August 16, 2016

Rizal Harahap, Jon Afrizal and Hans Nicholas Jong, Pekanbaru/Jambi/Jakarta –Fire is raging through more areas in Sumatra and Kalimantan as the dry season has worsened in the regions.

The number of hot spots in Sumatra has dramatically increased to 158, with Riau ranking first with 80 hot spots, followed by Bangka Belitung (35), South Sumatra (20), North Sumatra (11) and 12 scattered in other places.

Residents of Duri, Mandau district, Bengkalis regency, Riau, claimed they could smell smoke from land and forest fires on Monday morning.

"I was woken up by the hot weather after midnight during a blackout. A few moments, later I realized there was a strong smell of smoke in the house," said Duri resident Syukran Koto.

People voiced fear over a repeat of the haze disaster and news of haze spread quickly through social media.

"Oh my God, the haze has returned, and I feel sore in my nose and throat," wrote Yuli Adi on his Facebook account. Local Peni Wulandari posted "The smell of haze is very disturbing" on her social media account.

A number of areas in Tanah Putih district, Rokan Hilir regency, were also shrouded in dense haze from Monday morning as a result of residual land fires in Putat village, Tanah Putih district, and Siarang-Arang village, Pujud district.

According to local Sany Panjaitan, firefighters had yet to put out a land fire covering more than 20 hectares in Putat that he was keeping an eye. "In addition to shrubs, the fire also raged through an oil palm farm with trees aged around two years," he said.

Hot spots have appeared in Jambi province over the past several weeks, with low rainfall exacerbating conditions. "Five of the 158 hot spots detected in Sumatra are in Jambi," said Jambi Sultan Taha BMKG head Nurangesti.

Nurangesti said that based on Terra and Aqua satellite monitoring on Monday, the five hot spots were respectively located in Muaro Sebo Ulu district, Batanghari regency; Muaro Sebo district, Muaro Jambi regency; Senyerang district, West Tanjungjabung regency; Geragai district, East Tanjung jabung regency; and Tebo Ulu district, Tebo regency. "The dry season in Jambi will continue until September," said Nurangesti.

The number of hot spots detected in West Kalimantan increased dramatically over the weekend, followed by haze from evening until morning. If on Tuesday only 17 hot spots were detected, the number rose to 165 over the weekend.

Pontianak's Supadio BMKG station told The Jakarta Post on Sunday that satellite images showed the 165 hot spots were spread across 11 of the 14 regencies and cities across the province.

Pontianak resident Marti, 35, said the smell of smoke, like the smell of burning dry leaves and wood, was quite strong at night and early in the morning.

"I anticipate haze by always wearing a mask when outdoors, and I minimize outdoor activities at night. My 7-year-old son came down with an acute respiratory infection early last week and is still suffering," said Marti.

The government plans to build at least 6,000 deep wells in peatland areas prone to fire by the end of this year to anticipate next year's dry season, which is predicted to be more intense than this year's.

"We're lucky with this year's dry season because it has been wetter than usual. Next year the dry season will return to normal, so what should we do to reduce land and forest fires? The answer is deep wells," Peatland Restoration Agency (BRG) head Nazir Foead said.

Nazir said the agency planned to build the wells because they had proven effective in combating fires as well as making dry peatland wet in Riau and Central Kalimantan. First, building a deep well is very cheap as it only costs Rp 2.5 million per well.

[Severianus Endi from Pontianak also contributed to the report.]

Source: http://www.thejakartapost.com/news/2016/08/16/haze-making-its-annual-comeback-sumatra.html

Land & agrarian conflicts

Legislator questions police and military intimidation of SID concert in Bali

Tribune News - August 23, 2016

Tribunners – House of Representatives (DPR) Commission X member Anang Hermansyah is questioning the excessive behaviour of security personnel in securing a Superman is Dead (SID) concert at the State Senior High School (SMAN) 1 in Tabanan, Bali, on Saturday August 20.

The SID concert in Tabanan last week went viral on social media via the SID fan page following the excessive behaviour by security personnel.

"I strongly reject the [actions] of security personnel at the SID concert in the context of repressing freedom of expression. Because the Constitution explicitly guarantees this", said Anang at the DPR building at the Senayan parliamentary complex in Jakarta on Monday August 22.

In the posting that went viral from the SID fan page it said that security personnel, intelligence officers and soldiers checked spectators and the concert agenda in order to ensure no BTR or Bali Tolak Reklamasi (Bali Rejects Reclamation of Benoa Bay) protest materials were brought to the event.

Moreover the posting said that a BTR protest message attached to a SID drum kit was forcibly removed at the request of security personnel.

Hermansyah, a politician and musician, believes that the SID concert represented an act of freedom of expression that did not use violent actions.

Because of this therefore, added Hermansyah, there were no grounds for security personnel to behave excessively. "Security personnel must be able to differentiate violence from loud music", he asserted.

Furthermore, he said, the security force must explain what the motive and aims of their actions were. If they were designed as a preventative measure, then of course it is another matter.

"This was triggered by the polemic over the [Benoa Bay] reclamation [project] in Bali that has been going on for years, right. This problem should be resolved quickly. Don't leave it to fester like this", said Hermansyah.

The SID musicians, who originate from Jember in East Java, have called on formal institutions at the Bali provincial level to mediate the wishes of the people in order to find a point of agreement.

Hermansyah is also calling on the central government to pay serious attention to the polemic surrounding the reclamation project in Bali. "Remember that Bali is the 'shop front' of Indonesian tourism, all parties must ensure that the situation remains favourable", warned Hermansyah.

According to Hermansyah, there is no problem with SID's stand in campaigning against the Benoa Bay reclamation project.

As Indonesian citizens, added Hermansyah, anyone has the right to express their opinions in public. "What SID did was completely legitimate. It is the right of [all] citizens to convey and express their views", he said.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "Anang Pertanyakan Intimidasi Aparat Saat Konser SID di Bali".]

Source: http://www.tribunnews.com/tribunners/2016/08/23/anang-pertanyakan-intimidasi-aparat-saat-konser-sid-di-bali

Health & education

Plan to raise price of smokes gets cheers

Jakarta Post - August 23, 2016

Jakarta – Burdened by a persistent deficit in the national health insurance, the government, earlier reluctant to try to stop the country's addiction to smoking, has announced a plan to raise cigarette duties.

The plan, which has yet to have a specific schedule, has given new hope to anti-tobacco groups, which have despaired over the government's protection of the industry.

A public health expert from the University of Indonesia (UI), Hasbullah Thabrany, pointed out that Indonesia is a country with considerable tobacco consumption.

"Currently, at least 20 percent of students of high schools have become daily smokers and there are 10,860 children who start smoking every day," he said, referring to the support for the plan that has been growing on social media since the government announced it over the weekend.

Indonesia has been fighting a losing battle against tobacco with the government siding with the industry.

Low prices and loose regulations have led Indonesia to be one of the top five countries in the world in regards to the number of smokers. About two-thirds, 67.4 percent to be precise, of men more than 15 years old smoke, making Indonesia the country with the world's highest smoking prevalence among males.

Members of the health community, including the Health Ministry, have campaigned against tobacco by constantly reminding everyone of the danger of cigarettes in the hope of reducing the alarming prevalence of smoking in the country, in particular among juveniles.

However, these efforts have increasingly looked like "beating one's head against the wall" as the government wants to double the production of cigarettes to 524.2 billion per year by 2020, the Industry Ministry's 2015 tobacco industry roadmap states.

The university conducted a survey of 1,000 smokers and found that the price that would make them quit smoking is Rp 50,000 per pack, more or less double the current average price.

The survey was afterwards cheered by anti-tobacco supporters in social media, while jeered by smokers and their supporters. Government officials declined to respond to the price suggestion.

Earlier, the government expressed the intention to earmark the increase in cigarette excise taxes for the National Health Insurance (JKN), which has persistently suffered a deficit over the past few years.

It has yet to determine, however, the mechanism for directly allocating the cigarette duties to the insurance fund.

National Commission on Tobacco Control head Priyo Sidipratomo said he is worried that the discourse over new cigarette prices would shift the public's attention away from the ongoing deliberation over a tobacco bill in the House of Representative.

"I am worried it's just people who aim to protect the tobacco business testing the waters. The tobacco bill will counteract the ongoing campaign of preventing more smokers, especially the underaged," he said.

Arguing that it is intended to protect tobacco growers, the bill has been criticized for neglecting the hazardous aspects of smoking.

Article 35 of the bill stipulates cigarette producers must include on their labels lists of tar and nicotine contents, explanations of health risks and a warning about selling or giving cigarettes to children and pregnant women, but it does not require pictorial health warnings, as stipulated in several prevailing regulations, including the 2009 Health Law and a 2012 governmental regulation on the control of tobacco products as an addictive substance.

Article 199 of the 2009 Health Law also stipulates that cigarette makers disobeying this obligation would face a maximum sentence of five years behind bars and a fine of Rp 500 million.

"The best way to curb tobacco consumption is by ratifying the Framework Convention on Tobacco Control because it provides clear guidelines to regulate tobacco, including its advertisement," said Priyo.

Indonesia is the only country in Asia that has yet to ratify the convention. Earlier, President Joko "Jokowi" Widodo said that the decision to ratify it or not would not solely be based on the number of countries that already agreed to it. Instead, the country should consider its impact on the tobacco industry. (fac)

Source: http://www.thejakartapost.com/news/2016/08/23/plan-raise-price-smokes-gets-cheers.html

More HIV centers set up as cases rise

Jakarta Post - August 16, 2016

Djemi Amnifu and Panca Nugraha, Kupang/Mataram – The spread of HIV in the nation's eastern provinces has prompted local administrations to raise awareness about the virus and roll out more HIV programs at health facilities.

Oesapa puskesmas (community health center) in Kupang, the provincial capital of East Nusa Tenggara (NTT), has launched a HIV care facility.

"I hope the health center can be a model for the handling of HIV in Kupang, especially because Oesapa subdistrict has the largest population [in the city] of 28,000," Kupang mayor Jonas Salean said at the recent launch of the facility.

Citing data in the region from 2000 until May 2016, Jonas said that there had been 884 cases of HIV in the city, 625 of which were HIV cases and 259 were AIDS cases. Of the number, 513 were male and 371 were female. With 141 cases, Oesapa accounted for largest number of cases.

Kupang Health Agency head Ari Wijaya said Oesapa health center was chosen because, based on the results of monitoring conducted by his agency and the city, Oesapa was one of the biggest bases for the spread of infectious diseases including HIV-related diseases. "Sexually transmitted diseases are highly correlated with HIV," Ari said.

As a facility offering treatment for HIV positive people, Ari said, Oesapa puskesmas provided comprehensive support facilities including voluntary counseling and testing (VCT) as well as HIV specialists.

Other health facilities offering HIV care in the city include the puskesmas in Alak subdistrict, which is home to a number of red-light districts and night entertainment spots.

Mayor Jonas said his administration would provide ID card-based medication, among other things, so that residents would no longer need to show insurance cards such as the state-organized JKN insurance card, to receive medical treatment at health facilities. "Just ID cards will do. The budget is based on the number of sick people treated," he said.

The West Nusa Tenggara (NTB)administration has also recorded a rising number of HIV cases, with a total of 1,194 cases this year. Most of the cases occurred in the provincial capital Mataram, East Lombok and West Lombok.

West Nusa Tenggara AIDS Prevention Commission (KPA NTB) head Soehermanto said that for the past five years there had been five VCT-equipped facilities provided for HIV-positive patients on Lombok Island.

"We have campaigned for people to get themselves tested at the VCT facilities. We have also encouraged husbands not to engage in extra-marital affairs," he said.

Soehermanto said heterosexual couples accounted for the majority of HIV cases with 67 percent, while homosexual couples made up only 10 percent of the cases. The remainder of the cases were caused by syringe sharing between drug users and transmission from mothers to children during pregnancy, childbirth or breastfeeding.

He said the stigma faced by HIV positive individuals discouraged people from getting themselves tested at health centers, despite the fact that such tests were free.

Source: http://www.thejakartapost.com/news/2016/08/16/more-hiv-centers-set-cases-rise.html

Marriage & polygamy

Why does marrying young cause more harm than good?

Jakarta Post - August 22, 2016

Liza Yosephine, Jakarta – A public debate on early marriages wafted out again when the son of prominent ustad (Islamic teacher) Arifin Ilham, 17-year-old Muhammad Alvin Faiz, married Larissa Chou, 20, on Aug. 6.

Proudly announcing his full blessing, Arifin said he married off his child to protect him from harm in the world and after life. On his official Facebook account, Arifin said "with marriage, Alvin could be more focused on tafaqquhu fiddiini [studying Islam]".

Alvin's case is not a one-off. Early marriages are prevalent in Indonesia, influenced by the adherence to religious beliefs and socio-economic aspects. The Central Statistics Agency (BPS) recorded the percentage of Indonesian children, especially women, who get married before reaching their 18th birthday at 23 percent in 2015.

The 1974 Marriage Law sets the minimum age of marriage for females at 16 years, and 19 years for males. Alvin must first obtain a marriage dispensation from the Cibinong Religious Court because he is considered underage.

Indonesia Planned Parenthood Association (PKBI) member Frenia Nababan said early marriages should not be seen as a favored way to avoid pre-marital sex because it could dismiss a reality at its core – child marriages constituted sexual relations with or among children.

"Early marriage is merely seen as the best option to protect children from committing adultery or pre-marital sex. Marriage, however, is not all about sex," Frenia told The Jakarta Post.

As a result, she said, the conventional wisdom was that the younger the men decided to marry, the more responsible he would seem to be in the eye of the public although this might not be the case.

For girls, early marriages are often used as a strategy to reduce household economic burdens. "There are many things one should consider before he or she enters a marriage, such as their mental and physical readiness, earning capacity and their capability to raise children," said Frenia.

She said child marriages were closely linked to poverty. Girls who were married as children tend to be school dropouts, limiting their employment opportunities. They were also prone to complications during pregnancy and labor. "These will hamper the country's efforts to achieve quality human resources," said Frenia.

The PKBI is part of the Indonesian Coalition to End Child Marriage (Koalisi 18+), a social movement that aims to stop child marriage and the forced marriage of young people. Last year, Koalisi 18+ filed a judicial review against the 1974 Marriage Law, requesting the government to increase the minimum age of marriage to 18 for females. The Constitutional Court rejected the request in a hearing in June 2015.

The coalition would continue to advocate and raise awareness against child marriages and forced marriages despite the disappointing result, Frenia said.

Meanwhile, the National Family Planning and Population Agency (BKKBN) is of the opinion that the minimum age of marriage for females should be 21. It says, according to health aspects, a woman will be physically and mentally ready at 21 while the minimum age for a man should be 25.

Clinical and forensic psychologist Kassandra Putranto said mental and social immaturity within child marriages would impact the quality of a family.

She said teenage brains were wired uniquely, in which the prefrontal cortex, or the control part of the brain, was still immature. Whereas, part of the brain that sought pleasure and reward, tended to be more developed.

This was why, Kassandra said, parents had a duty to assist their children in making the best decisions for their future. (ebf)

Source: http://www.thejakartapost.com/news/2016/08/22/why-does-marrying-young-cause-more-harm-than-good.html

Early marriage campaign gains ground

Jakarta Post - August 20, 2016

Hans Nicholas Jong and Nurul Fitra Ramadhani, Jakarta – The hashtag #NikahMuda (#MarriedYoung) recently went viral after Muhammad Alvin Faiz, the 17-year-old son of popular Islamic preacher Arifin Ilham, married a 20-year-old named Larissa Chou earlier this month.

Alvin, who has a strong social media presence with more than 324,000 Instagram followers, uploaded photos of his Islamic wedding to his account.

"Because girls don't need romantic words or cheesy flirting. They just need certainty #NikahMuda," he said in the caption of a photo where he signed his marriage certificate, which amassed 64,650 likes.

The hashtag comes amid an intensifying campaign promoting early marriage by conservative Muslims on social media in recent months. An online movement calling itself Indonesia Tanpa Pacaran (Indonesia Without Dating) has been spreading pictures asking young Muslims to skip dating and get married instead.

The trend has raised concerns that many young Indonesians will fail to see the risks of early marriage, which remains one of the most daunting youth and reproductive health problems in the country, as pregnant girls run a variety of health risks including potentially lethal pregnancy-related complications.

The UN's Department of Economic and Social Affairs (UN DESA) places Indonesia 37th on a list tallying global child marriage rates, the second-highest in Southeast Asia behind Cambodia.

A report published in November last year by international children's rights organization Plan International revealed that Indonesia continued to have a high rate of child marriage as a result of long-standing community support for such practices.

National Population and Family Planning Board (BKKBN) head Surya Chandra Surapaty said the campaign jeopardized the government's plan to control population and create a prosperous society.

"We are recommending a minimum marriage age of 21-years-old because that's when someone is mature, both sexually and mentally. But before that, they are still considered kids, and thus need enough nutrition and education," he told The Jakarta Post on Friday.

Alvin is younger than the marriageable age set by the existing Marriage Law, which was challenged by children's and women's activists at the Constitutional Court last year in their attempt to raise the marriageable age for girls from 16 to 18. The court, however, rejected their petition, dealing a blow to efforts to protect children.

Alvin's father wrote on his Facebook page that he allowed his son to marry despite his young age to prevent him from committing adultery.

Indonesian Child Protection Commission (KPAI) commissioner Maria Ulfa Anshor criticized Arifin, saying that even in Islam, early marriage was not recommended.

"People often simplify the concept of being ready [to get married] as baligh, or ready physically, meaning that boys who experience wet dreams or girls who have started their periods are considered mature. But the concept of akil, which means capable of thinking maturely and taking decisions, is often forgotten".

Therefore, Islam requires someone to be ready not only physically, but also psychologically, economically and socially, she said. "The hadith [the Prophet's saying] on that is very clear".

Maria lambasted Alvin's parents for allowing him to get married at such a young age. "The law on child protection says that children are those under 18 and it also says that parents are obligated to protect their children from child marriage".

Gerindra Party lawmaker Rahayu Saraswati lamented the fact that the campaign for early marriage was carried out by a well-known public figure, whose actions can be easily followed by tens of thousands of people.

"If they do it in the name of tradition, then they should not expose it on social media, so that the younger generation is not indoctrinated to do the same," she said.

Source: http://www.thejakartapost.com/news/2016/08/20/early-marriage-campaign-gains-ground.html

Graft & corruption

Minister defends plan to scrap justice collaborator clause

Jakarta Post - August 23, 2016

Marguerite Afra Sapiie, Jakarta – Justice and Human Rights Minister Yasonna Laoly has asserted that the plan to revise Government Regulation (PP) No. 99/2012 to scrap the justice collaborator clause for granting remission, is not to facilitate graft convicts, but instead to improve the judicial process system.

According to Yasonna, the plan to remove the justice collaboration clause is in accordance with the country's court system. Based on Law No. 5/2004 on the Supreme Court and Law No. 13/2006 on victims and witnesses protection, a justice collaborator can only be granted during a court process and not regulated through the government regulation.

"I don't like the way people think as if we were going to give remission for free [...] we just want to improve the system. We should first create a team and system to grant remissions," Yasonna said on Monday.

He ensured that the government would still uphold strict requirements in granting remission for inmates convicted of graft, terrorism, and drug-related cases. The remission would be processed through a detailed deliberation within special teams, all related to a particular inmate's case.

For example, deliberation on remission for graft convicts would involve the Corruption Eradication Commission (KPK), for terrorist convicts it would involve recommendations from the National Counterterrorism Agency (BNPT), and for drugs convicts it would involve the National Narcotics Agency (BNN).

The ministry's plan to revise the 2012 government regulation has been met with criticism from the public and the KPK for what it calls "red-carpet treatment" to graft convicts. (dmr)

Source: http://www.thejakartapost.com/news/2016/08/23/minister-defends-plan-to-scrap-justice-collaborator-clause.html

Government pulling back from antigraft commitment, again

Jakarta Post - August 22, 2016

Pandaya, Jakarta – Law and Human Rights Minister Yasonna Laoly may not have the eloquence of a natural orator, but when defending his policy to grant Independence Day remissions to 82,000 prisoners in a media briefing last week, he used well-chosen words that sounded almost like he was giving a eulogy.

"They are packed into small, terribly overcrowded cells. Some have to sleep standing with their backs bent forward. Others have to take turns to sleep. And they are all sons of the nation, just like you. No difference." Trying to evoke empathy, he added, "They can't go anywhere. They can't go to shopping malls or take a leisurely stroll."

Yasonna wants to see graft convicts, drug lords and terrorists as well as "ordinary" detainees leave their stinky cells sooner than judges ordered because prisons across the country are unbearably overcrowded, to the point that the government spends over Rp 1 trillion (US$76 million) a year just on their food.

Receiving this year's Independence Day remissions were 27 terrorists, 428 graft convicts and 12,161 drug criminals. According to official figures, penitentiaries nationwide were designed to accommodate 119,000 inmates, but now they house about 197,670 – of whom 81,200 are drug convicts and 3,630 are graft inmates.

An Indonesian Democratic Party of Struggle (PDI-P) politician, Yasonna has been in the spotlight lately for pushing the plan, despite fierce public objections, to revise Government Regulation (PP) No. 99/2012, which he regards as the piece of legislation primarily to blame for the appalling prison conditions.

Advocates have resisted his plan because the regulation prescribes tight prerequisites for inmates of extraordinary crimes – corruption, drugs and terrorism – to obtain remissions. It was designed to create a greater deterrence effect for would-be plunderers of public funds.

Even with the 2012 regulation still in place, the ministry is already very generous about remissions. Among the graft convicts granted sentence cuts on this year's Independence Day were former Democratic Party politician Muhammad Nazaruddin and his wife Neneng Sri Wahyuni, who received five- and six-month remissions, respectively. For Nazaruddin, who is serving a 13-year jail term, it was his second discount so far this year. On the Idul Fitri holiday last month he received 45 days' remission.

Terror convict Abu Bakar Ba'asyir, who has been serving a 15-year sentence since 2011, got three months' reprieve.

The Susilo Bambang Yudhoyono administration introduced the 2012 regulation based on a common conviction about the menace that the three extraordinary crimes pose to the nation.

If Yasonna gets his way, graft convicts, drug criminals and terrorists will be entitled to remissions just like prisoners of "general crimes" such as goat thieves and wallet snatchers. But because corruption and drugs have always involved big money and bigwigs, the regulation has been constantly targeted.

Back in 2013, Yusril Ihza Mahendra – a lawyer and a former law and human rights minister – filed a petition with the Constitutional Court on behalf of three convicts demanding that the regulation be dropped on the grounds that it discriminated against extraordinary crime inmates.

To the public's relief, the court rejected Yusril's motion and ruled in favor of the Law and Human Rights Ministry's argument that the regulation in no way deprived drug, graft and terror convicts of an equal chance to receive remissions. The ministry also stood firmly behind the principle that drugs, corruption and terrorism were extraordinary crimes whose eradication required extraordinary measures.

Hilariously, Yasonna now uses exactly the same argument that Yusril unsuccessfully put forward to shoot down the regulation three years ago. He is also trying very hard to convince the public that giving such convicts an equal chance to secure remissions would help relieve overcrowded penitentiaries nationwide.

One can imagine Yusril laughing out loud upon discovering that he may not even have to lift a finger to see the disputed 2012 regulation revised in his clients' favor if Yasonna succeeds in his bid.

A crucial point that Yasonna wants to scrap from the disputed regulation is the clause on "justice collaborator" status, which is usually accorded to suspects who are willing to tell all in court. In return, they are entitled to a more lenient sentence.

The status was created with the intention of helping law enforcement bodies catch the bigger fish in cases involving powerful politicians, government bureaucrats and politically wired businesspeople. It is understood that, often, the people the KPK agents arrest in sting operations are only the field operators of a larger plot while the big players remain at large.

It's intriguing that the number of graft inmates accounts for less than 3 percent of all prisoners crammed into our overcapacity penitentiaries, but the government is so gung ho about giving them early exits. For example, why not focus on revising drug laws instead, to allow for the relocation of drug users from penitentiaries to rehab centers?

The Institute for Justice Reform estimates that detained drug users total about 60,000, or 30 percent of prisoners. This means that if they are moved to rehab centers, it would significantly ease pressure on penitentiaries.

Yasonna's plan demonstrates the government's half-hearted political commitment to eradicating corruption that has been blamed for the numerous ills plaguing the country. It will decimate the deterrence effect expected from harsh punishments.

Source: http://www.thejakartapost.com/news/2016/08/22/government-pulling-back-antigraft-commitment-again.html

KPK, National Police strengthen partnership

Jakarta Post - August 20, 2016

Jakarta – The Corruption Eradication Commission (KPK) and the National Police have agreed to form a joint investigation team to combat corruption in the country.

"We have agreed to conduct joint investigations in several cases, as deemed necessary," National Police chief Gen. Tito Karnavian told reporters at the KPK office on Friday. Tito said cooperation between the two law enforcers institutions was required so they could complement each other.

"We will not only prioritize the monitoring of expenses of the government body in both central and regional institutions, but also help to increase state income through tax, customs and excise and state enterprises," he added.

He added that the KPK was known for its budgetary ability and maintaining its internal culture, two things that were lacking in his institution. "The KPK also has a good political position and the police have an extensive network countrywide. We have manpower of around 430,000," he said.

KPK chairman Agus Rahardjo said the teamwork would include the issuance of electronic sprindik (investigation warrants) for efficiency.

Source: http://www.thejakartapost.com/news/2016/08/20/national-scene-KPK-national-police-strengthen-partnership.html

128 corruption convicts granted remissions

Jakarta Post - August 17, 2016

Jakarta – The government granted sentence reductions to 128 corruption convicts on Independence Day amid a controversial plan by the Justice and Human Rights Ministry to revise a 2012 government regulation to facilitate graft convicts in obtaining remissions.

On the 71st Indonesian Independence Day, the government granted remissions to 82,015 convicts across the country, which included 128 sentence cuts for corruption convicts and 17 terrorist convicts, Justice and Human Rights Minister Yasonna Laoly said on Wednesday.

"They got remissions after they fulfilled the requirements, such as good behavior and participating in correctional programs," Yasonna said as quoted by Antara news agency, adding that the inmates had also served one-third of their prison terms.

Graft convicts to get sentence cuts included former Democratic Party treasurer Muhammad Nazaruddin and disgraced tax officer Gayus Halomoan Tambunan, who received five-month and six-month remissions, respectively, according to a report by kompas.com.

The ministry plans to revise a 2012 government regulation on remissions that would eliminate a stipulation that only graft, terrorist and drug convicts who acted as justice collaborators are eligible for remissions.

If scrapped, those convicted of corruption, which is classified as an extraordinary crime along with acts of terrorism and drug trafficking, would need only to display good behavior and serve one-third of their prison terms to be eligible for sentence reductions.

The plan has been met with criticism from the public and the Corruption Eradication Commission (KPK), which has lambasted the plan to give what it calls "red-carpet treatment" to embezzlers of state funds.

Yasonna said last week that the plan was aimed at stopping discrimination against inmates to be granted sentence cuts. He denied that it would facilitate embezzlers in getting remissions as correction supervision under the ministry would still impose tight requirements for convicts of the three extraordinary crimes. (rin)

Source: http://www.thejakartapost.com/news/2016/08/17/128-corruption-convicts-granted-remissions.html

Terrorism & religious extremism

Government plans more expansive anti-terror law: Wiranto

Jakarta Globe - August 23, 2016

Jakarta – Chief Security Minister Wiranto said the government is currently discussing ways to to improve the country's current anti-terrorism law to make it more expansive and allow better "maneuverability" for security officers to fight terrorists.

"We will release the revised law soon. It will be our main weapon to fight terrorism," Wiranto said after heading a meeting on counterterrorism at his office in Jakarta on Monday (22/08).

However, the retired general did not specify which parts of the current anti-terrorism law will be revised, saying only that he expects both politicians and the public should support the law.

"We have asked for support from the House of Representatives and from NGOs. This law will be our strongest weapon in fighting terrorism," Wiranto said.

Meanwhile, National Counterterrorism Agency (BNPT) chief Suhardi Alius said the government will soon set up a new counterterrorism task force made up of representatives from related ministries and government agencies.

"The task force will report to the BNPT. We will continue to lead the fight against terrorism," Suhardi said.

Source: http://jakartaglobe.beritasatu.com/news/government-plans-expansive-anti-terror-law-wiranto/

Ba'asyir gets 3-month sentence cut

Jakarta Post - August 18, 2016

Jakarta – Convicted terrorist leader Abu Bakar Ba'asyir was given a three-month sentence reduction on Independence Day, an official said on Wednesday.

"This is the second year he [Ba'asyir] has been granted an Independence Day remission," said the corrections office chief of the West Java Justice and Human Rights Agency, Agus Toyib, in Bandung, as reported by news agency Antara.

Ba'asyir had fulfilled administrative requirements for remission, such as having served one-third of his sentence and cooperating as a justice collaborator, he added.

Ba'asyir, the spiritual leader of Islamic organization Jamaah Ansharut Tauhid (JAT), was sentenced to 15 years in prison in 2011 after the South Jakarta District Court declared him guilty of funding a military training camp for a terrorist group in Aceh. He filed for a review of his case, which the Supreme Court rejected in August.

After serving time in a high-security prison on Nusakambangan Island in Cilacap, Central Java, the ministry moved Ba'asyir to the Gunung Sindur penitentiary in Bogor, West Java, in April over health concerns for the frail 77-year-old. The firebrand Muslim cleric was among 11,010 inmates in West Java granted remissions on Independence Day. (rin)

Source: http://www.thejakartapost.com/news/2016/08/18/national-scene-ba-asyir-gets-3-month-sentence-cut.html

Poverty & social inequity

Indonesia's inequality narrows to 0.39 in March

Jakarta Post - August 19, 2016

Ayomi Amindoni, Jakarta – Economic inequality in Indonesia has slightly narrowed as the contribution of income earners in the middle-income segment increased amid the government's effort to boost labor-intensive infrastructure projects, the Central Statistics Agency's (BPS) latest report indicates.

Indonesia's Gini ratio – a measure of inequality where zero represents complete equality and one represents complete inequality – fell to 0.39 in March 2016 from 0.40 during the same period in the previous year, meaning an "improvement in wealth equality" as BPS head Suryamin said in Jakarta on Friday.

He mentioned six factors that reduce inequality, including wage improvement in agriculture and construction sectors, spending improvement of the bottom 40 percent of the population of income earners, the government's social assistance program and improvement in civil servants' salary.

The agency uses the World Bank's spending distribution formula to measure disparity, with particular attention to the low-income segment. The bottom 40 percent of the population contributed 17.02 percent in March 2016 spending, a slight decrease from 17.1 during the same period in the previous year.

The top 20 percent of the population contributed 46.89 percent of spending, down from 48.25 in March 2015, while the middle 40 percent of the population provided 36.09 percent in spending distribution, rising from 34.65 percent in March 2015.

"The improvement in [the middle-income segment] spending also indicates that the 12 economic policy packages have taken effect," Suryamin said. (ags)

Source: http://www.thejakartapost.com/news/2016/08/19/indonesias-inequality-narrows-to-0-39-in-march.html

Indigenous rights

Indigenous people to reclaim land after years of struggle

Jakarta Post - August 20, 2016

Hans Nicholas Jong, Jakarta – For decades, indigenous people have been denied their rights to manage their own lands by the government.

Even when the forests have been managed for generations by their inhabitants, only the government has had the power to issue licenses for logging and plantations.

Forest areas have regularly been used by large corporations for industrial logging, pulp and paper and palm oil plantations. These forest conversions have been the major cause of conflicts between government and local communities, who feel victimized by the land seizures and a lack of benefits.

In 2013, indigenous people were finally given hope after the Constitutional Court delivered a ruling on the 1999 Forestry Law that invalidated the government's claim to customary forests. But this hope is slowly disappearing as the indigenous people have not received access to their land three years after the landmark ruling.

"The government needs to speed up the process of declaring customary forests," Association for Community and Ecology-Based Law Reform (HuMa) executive director Dahniar Adriani said.

Many indigenous people actually have tried to claim their rights following the historic ruling. Last year, four indigenous communities, Marga Serampas from Jambi, Kasepuhan Karang from Banten, Amatoa Kajang from South Sulawesi and Wana Posangke from Central Sulawesi, applied to have their lands recognized at the Environment and Forestry Ministry.

They prepared all the necessary documents, such as customary forest maps and local bylaws that recognize the rights to customary forests for indigenous communities. Yet, none of them have been granted their land rights.

The ministry's social forestry director-general, Hadi Daryanto, said that the process of distributing the land rights took a long time because the central government wanted to make sure that the distribution plan was sustainable for the long term.

"Actually, the process is based on the principle of carefulness," he said. "There has to be a process of organizing at the local level. That process is what Environment and Forestry Minister Siti Nurbaya Bakar wants to see. When people are able to organize themselves, they will be sustainable."

But now the preparations to distribute 12.7 million hectares of social forests from 2015 until 2019, as promised by President Joko "Jokowi" Widodo in his Nawacita program, is finished, Siti said.

In the near future, the President is scheduled to launch the land distribution plan by giving the first land rights to the Amatoa Kajang indigenous community in South Sulawesi. "We have finished the technical preparations," Siti said. "I am waiting for the next instructions from the President."

According to Hadi, Jokowi wants to see whether the land distribution system being prepared by the ministry would ensure the sustainability of the indigenous people.

"We know that if we distribute land certificates, they will be sold. So [we have to] convince [the President] that the certificates wouldn't be sold again because if that's the case, people will become poor again," he said.

In order to ensure that the land distribution system is sustainable, the ministry had prepared 4,700 facilitators who would manage the land distribution in the field, said Hadi.

The facilitators, civilians who were used to dealing with indigenous people, are tasked to empower indigenous people and ensure that they do not sell their land certificates.

After the government gives indigenous people their land rights, the facilitators will help them utilize the environment sustainably for social businesses, such as selling clean water and coffee. "The profits will be invested in the form of joint patrols and capacity building," Hadi said.

However, there are only about 4 million hectares of planned customary forests that have facilitators, out of the planned 12.7 million hectares. "That's our priority first because the rest is still under claim," said Hadi.

Besides giving land access to indigenous people, the land distribution system also has to solve the never-ending agrarian conflict between indigenous people and concession holders. "So the relationship with the private sector can't be broken. People's access to forest has to be supported by the business sector," Siti said.

Last week, Siti met with the business sector to talk about the plan. Association of Indonesian Forest Concessionaires (APHI) executive director Purwadi Suprihanto, who attended the meeting, said that the association fully supported the plan.

"We already have a roadmap, but it will be corrected by including the social approach, meaning that people-based permits will be prioritized and developed," he told The Jakarta Post. In order to ensure that indigenous people are economically empowered, they will be relocated to the surroundings of concessions, according to Purwadi.

"So there will be land permits issued [for indigenous people] in the surroundings of corporate areas with existing operations. There's no way people would be given land certificates that are far from everywhere," he said, adding that it was the ministry that proposed the concept.

Source: http://www.thejakartapost.com/news/2016/08/20/indigenous-people-reclaim-land-after-years-struggle.html

Governance & administration

Tug of war in Jokowi's inner circle

Jakarta Post - August 17, 2016

Wahyudi Soeriaatmadja, Jakarta – The abrupt sacking of Arcandra Tahar from his post as Energy and Mineral Resources Minister shows the tug of war between two influential camps in President Joko Widodo's inner circle.

Arcandra was dismissed on Monday, following revelations that he had become a naturalised United States citizen four years ago. He had resided in the US for 20 years before returning to Indonesia last month to take up his post.

One of the rival camps is led by State-owned Enterprises Minister Rini Soemarno, while the other is led by Coordinating Minister for Maritime Affairs Luhut Pandjaitan.

Rini gets full support from retired army general A.M. Hendropriyono, who was a key adviser in Joko's presidential campaign. Holding the strategic ministry post that oversees 119 state-owned companies with billions of dollars of total assets, Ms Rini is believed to be able to greatly influence politicians in Parliament, including senior ones.

Arcandra's entry into the Cabinet last month was the result of lobbying efforts from the Rini-Hendropriyono duo.

Arcandra said he gave up his US citizenship before accepting the ministerial post. Indonesia, however, does not allow dual citizenship. Any Indonesian pledging allegiance to a foreign country automatically loses his Indonesian citizenship.

Denny Indrayana, a state law expert, told The Jakarta Post that Arcandra would have to undergo a process to regain Indonesian citizenship and that it would not be easy.

Joko has appointed Luhut, who is seen as the most effective minister in the Cabinet after helping to increase support for the president in Parliament, to temporarily fill Arcandra's post.

Luhut's assumption of Arcandra's role is seen as boosting his standing, which had appeared to have slumped when he relinquished the post of Coordinating Minister for Political, Legal and Security Affairs following the reshuffle last month.

As the Coordinating Minister for Maritime Affairs, Luhut has to work closely with ministers who have strong links with the political elite. They include Tourism Affairs Minister Arief Yahya, a former CEO of a state-owned telco giant who is widely known to be close to Ms Rini, and Maritime Affairs and Fisheries Minister Susi Pudjiastuti, a long-time friend of Megawati Soekarnoputri, the chairman of the ruling Indonesian Democratic Party for Struggle, who has never been fully supportive of Joko appointing Luhut as a minister.

With the rivalry between the two camps, the President needs to keep the ministers' power in check, according to observers including Muradi, who teaches at Padjadjaran University.

For Hendropriyono and Luhut, both are former army generals who are from different political factions – but both own family businesses that operate in the energy sector.

"In July, the pendulum swung towards Hendropriyono, and this time around it swung towards Luhut. This is part of Jokowi's power play to ensure that each of the two very powerful men would always rely on the President," Muradi said, referring to Joko's popular nickname.

Source: http://www.thejakartapost.com/news/2016/08/17/commentary-tug-of-war-in-jokowis-inner-circle.html

Jokowi's leadership put to test

Jakarta Post - August 16, 2016

Ina Parlina and Haeril Halim, Jakarta – President Joko "Jokowi" Widodo officially dismissed on Monday Arcandra Tahar from his position as energy and mineral resources minister after serving just three weeks in the Cabinet, a move that has put Jokowi's leadership skills into question.

Jokowi's decision to sack Arcandra was made after the Law and Human Rights Ministry found that Arcandra had US citizenship after living in the superpower nation for the past 20 years.

The dismissal of Arcandra has again put in the spotlight Jokowi's penchant for rushing into decisions without first thoroughly considering all options available to him.

His rushed decision to start the construction of the Jakarta-Bandung high-speed rail project has caused delays as the contractor for the project, PT Kereta Cepat Indonesia China (KCIC), has not yet secured clearance for the project from the relevant authorities.

His decision to name Rizal Ramli as coordinating maritime affairs minister raised eyebrows because Rizal was one of his most vocal critics and was later responsible for creating division within the Cabinet with his controversial statements. Jokowi sacked Rizal after only one year in the position.

In early 2015, Jokowi deferred from making any decision on the nomination of Comr. Gen. Budi Gunawan as National Police chief, a move that led to a conflict between the Corruption Eradication Commission (KPK) and the police, which ended up with the prosecution of two senior leaders of the antigraft body.

Political analyst Ikrar Nusa Bakti of the Indonesian Institute of Sciences (LIPI) said Jokowi was responsible for the chaotic situation in his administration.

Ikrar said Jokowi should make sure that everything was under his control. "In the midst of the high public approval given to him, Jokowi should make himself well-informed before making any decisions in order to avoid controversies that prevent his administration from working properly," he said.

He said the latest episode involving Arcandra showed how disorganized his aides were in dealing with administrative issues at the State Secretariat and Cabinet Secretary's Office.

On Monday, the announcement of Arcandra's fate was made by State Secretary Pratikno at around 9 p.m. at the Presidential Palace, after Jokowi retreated to Bogor Palace in West Java. Pratikno said the decision was made after Jokowi "received information from various sources" and "had taken various dimensions into consideration".

Jokowi has also appointed Coordinating Maritime Affairs Minister Luhut Pandjaitan as the interim minister at the Energy and Mineral Resources Ministry until the President picks a replacement for Arcandra.

Earlier on Monday, Jokowi summoned Arcandra for a closed-door meeting at the palace. Unconfirmed media reports said Jokowi lashed out at Arcandra.

Separately, Presidential spokesman Johan Budi declined to confirm whether Jokowi felt cheated or if no one had briefed him about Arcandra's dual citizenship in the first place.

Johan said "the President was being responsive to the problem raised [in the public]." Johan was quick to add that the reason behind the dismissal was due to "maladministration".

Early on Monday, Law and Human Rights Minister Yasonna Laoly acknowledged that Arcandra held two passports. "He has two passports: US and Indonesian passports," Yasonna said on Monday. However, he claimed that Arcandra's Indonesian citizenship was still intact because it took a ministerial decree to officially revoke someone's citizenship.

"Legally, there has been no Indonesian citizenship revocation process through the Law and Human Rights Ministry for the minister," he said, adding that Arcandra had returned to Indonesia and had decided to give up his US citizenship.

Coordinating Political, Legal and Security Affairs Minister Wiranto said the government was working to settle the case, adding that it would take a while for President Jokowi's administration to resolve the problem due to its complexity.

The chief security minister said the government would consider input from the public, especially from legal experts who have criticized the legality of Arcandra's citizenship.

"The government is fully aware of the growing discourse in society [regarding Arcandra's nationality]. We don't want to rush. We are careful and we are digging further to find solutions that we will later explain to the public," Wiranto told reporters.

Earlier, Wiranto summoned Arcandra to his office in Jakarta, where they held a closed-door meeting for about 15 minutes. (win)

Source: http://www.thejakartapost.com/news/2016/08/16/jokowis-leadership-put-to-test.html

Parliament & legislation

Jokowi keeps House under control after Arcandra fiasco

Jakarta Post - August 18, 2016

Nurul Fitri Ramadhani and Ina Parlina, Jakarta – President Joko "Jokowi" Widodo has consolidated power so well that his blunder in appointing American national Arcandra Tahar a minister – a move some analysts say could lead to impeachment proceedings at the House of Representatives – is unlikely to disrupt his presidency.

With the Prosperous Justice Party (PKS) being the only party initiating an inquiry into the fiasco, Jokowi will go unscathed through what many consider to be his worst blunder unscathed.

"There will be no legal implications for Jokowi. Instead, it will be a moment for the President to fix the recruitment system," Dave Laksono of the Golkar Party said.

Golkar was once the largest opposition party before it changed its position earlier this year and secured a ministerial post in the latest Cabinet reshuffle. Even the Gerindra Party, which is now the largest opposition party, has refused to politicize the issue.

House Deputy Speaker Fadli Zon, a Gerindra legislator, said it was possible for legislators to launch an inquiry but added that he preferred a friendlier approach." If the government can explain briefly the reason behind its mistake, then it's enough. We'll see later if an inquiry is needed or not," he said.

Without support, it will be hard for the PKS to launch an inquiry. The 2014 Legislative Institutions Law (MD3) stipulates that a House inquiry must be proposed by at least 25 legislative members from more than one faction.

However, the Islamist party insisted on pushing for an inquiry into the scandal, saying what Jokowi did constituted "a disgrace to the country".

"We have to use our right to inquire into the reason behind Arcandra's appointment and dismissal. I really urge all fellow legislators to exercise this right," said PKS politician Nasir Djamil, a member of House Commission III overseeing human rights, security and legal affairs.

Constitutional law expert Irman Putra Sidin from Hasanuddin University has claimed Jokowi might have violated the Constitution and said the House should not so quickly forgive the President without a formal procedure asking him to explain the reasons for his actions.

"The political parties should forgive though an inquiry, or this could damage our constitutional system," he said, adding that excusing the President for his mistake would set a bad precedent.

But with a majority of political factions in the House now supporting the government, the President has little to worry about.

Of 580 legislators, Jokowi has secured the support of 386 legislators from seven political parties: 109 from the Indonesian Democratic Party of Struggle (PDI-P), 91 from Golkar, 48 from the National Mandate Party (PAN), 47 from the National Awakening Party (PKB), 39 from the United Development Party (PPP), 36 from the NasDem Party and 16 from the Hanura Party.

Arcandra was seen at the State Palace on Wednesday participating in Independence Day celebrations. Amid the hustle-bustle of the ceremony, he was spotted entering State Palace at noon, two hours before the main flag-lowering ceremony took place.

The former minister left the scene shortly after Jokowi moved on from State Palace. Arcandra did not immediately leave the palace compound. He made a short detour to the palace mosque to pray. Arcandra said his visit was only a silaturahmi (a friendly meeting).

Source: http://www.thejakartapost.com/news/2016/08/18/jokowi-keeps-house-under-control-after-arcandra-fiasco.html

Jakarta & urban life

Activists urge Megawati, Jokowi, not to endorse Ahok

Jakarta Post - August 19, 2016

Jakarta – Dozens of activists calling themselves the Urban Kampung Forum have written an open letter to President Joko "Jokowi" Widodo and Indonesian Democratic Party of Struggle (PDI-P) chairwoman Megawati Soekarnoputri to ask them not to endorse Jakarta Governor Basuki "Ahok" Tjahaja Purnama in next year's gubernatorial election.

"We are multidisciplinary scholars and practitioners... we want to contribute to the development of cities and urban kampungs in Indonesia according to democracy values, humanity, justice and sustainability," they said. "First, we would to like emphasize that our focus is on policies and their impact, not on the person himself."

They said Ahok's policies and their impact were not in line with PDI-P's vision, arguing that forced evictions, especially those using violence, contradicted PDI-P's claims to be the party of the "little people."

Besides evictions, they also claimed Ahok's policies leaned toward corporations, as evident in the Jakarta Bay reclamation project, with the artificial islands to serve mostly as upscale gated communities.

"We are sure there is no moral and ideological basis for PDI-P to endorse Ahok. Democracy, justice, and siding with the little people are PDI-P's ideology, which cannot be found in this candidate," the letter said.

Among the activists were people working on urban issues like Sandyawan Sumardi of Ciliwung Merdeka and Wardah Hafidz of the Urban Poor Consortium. Several other work for education institutions, like Rita Padawangi, a researcher at the National University of Singapore, Amalinda Savirani, a lecturer at Gadjah Mada University's School of Politics and Government, and Thamrin Amal Tomagola of the University of Indonesia. (evi)

Source: http://www.thejakartapost.com/news/2016/08/19/activists-urge-megawati-jokowi-not-to-endorse-ahok.html

Activists endorse Ahok-Djarot ticket

Jakarta Globe - August 18, 2016

Jakarta – Several activist organizations have committed support to Jakarta Governor Basuki "Ahok" Tjahaja Purnama and his deputy Governor Djarot Saiful Hidayat to run in the 2017 gubernatorial election in January.

The '98 Activist Forum for Ahok, which includes former student activists from the 1998 reform movement, said the governor's leadership must continue.

"We believe that Ahok-Djarot are still capable of continuing the reform goals in Jakarta, which is to ensure the improving management of social, political, economic and cultural order in Jakarta," Iwan Sulaiman Soelasno, a former '98 activist, said in Jakarta on Wednesday (17/08).

The incumbent team has been tested in improving the city and Iwan believes they are the best bet to continue the programs. "Djarot Saiful Hidayat so far has proven his loyalty and professionalism as deputy governor on Ahok's side," Iwan added.

Meanwhile, Sulaiman Haikal, an activist from Pijar Indonesia, said the incumbent reelection would strong momentum for the city. The comprehensive improvements, according to Sulaiman, will be applied systematically in Jakarta's bureaucracy, public services, spatial management and administrational issues.

"Ahok-Djarot is capable of applying regional governance based on good-governance principles, as it becomes effective, efficient, transparent and accountable," he said.

Taufan Hunneman, an activist of Public Democracy Alliance (Aldera), agreed, saying Djarot is one of the strongest members of the Indonesian Democratic Party of Struggle (PDI-P) and it is time the party supported the pair.

"Ahok-Djarot is capable of guaranteeing a critical-but-harmonic partnership between Jakarta administration and its Regional Representatives Council [DPRD]. They will be perfect in achieving political consensus with DPRD to maintain political and development stability in Jakarta," Taufan said.

Source: http://jakartaglobe.beritasatu.com/news/activists-endorse-ahok-djarot-ticket/

Transport & communication

Terminal 3 under scrutiny after mediocre start of operations

Jakarta Post - August 16, 2016

Farida Susanty, Jakarta – The government said Monday it would tighten supervision on the management of Soekarno-Hatta International Airport's Terminal 3 to ensure immediate service improvement amid growing concerns over a series of operational glitches at the new facility.

Speaking on the sidelines of his visit to the terminal, which commenced operations on Aug. 9, Vice President Jusuf Kalla said the country's air transportation authorities would conduct a monthly evaluation on the operation of the facility.

The move, he said, was crucial to address a series of problems occurring in the terminal's first week of operations, including flooding near the arrival gate on Sunday, reportedly due to a flawed drainage system.

"That is what a soft opening is for, to find flaws and mistakes. We need to identify the problems," he told the press on Monday, adding that the survey might be conducted for at least six months.

The terminal, expected to put the airport on par with the likes of Changi Airport in Singapore, was only operating at 40 percent of its full capacity so far, Kalla acknowledged.

The new terminal, a landmark project by state-owned airport operator Angkasa Pura (AP) II to revamp the 30-year-old Jakarta-serving airport, was launched two weeks after former AP II president director Budi Karya Sumadi was named transportation minister. It is expected to accommodate 25 million passengers per year.

The previous transportation minister, Ignasius Jonan, refused to give AP II the green light to open the terminal on the initial target date of June 20, citing safety reasons such as unclear views of the apron from the air traffic control tower and the unavailability of a power generator during blackouts – issues that were resolved prior to the terminal's opening.

The terminal's first day of operation, however, was marred by glitches, ranging from blackouts to flight delays. The public took to social media to complain about these issues and other inconveniences, such as confusing signage.

On Sunday, the arrivals section of the terminal was inundated following heavy rain, causing little impact on the terminal's operations but drawing a furious passenger backlash.

AP II said the incident was due to the terminal's drainage systems becoming clogged by debris from construction work, which remains ongoing in parts of the week-old terminal. As a result, water burst through the exit doorway of the arrivals section, causing puddles and flooding.

Budi said he acknowledged that there were flaws, especially on the service side. The minister said he would assign a credible independent body to identify the problems.

"We can assign experts from universities, like ITB [the Bandung Institute of Technology] to evaluate the [airport's] technological side and those from UI [University of Indonesia] to assess accessibility," he said.

The ministry maintained it had not pushed for a premature launch of operations, as an early operational simulation had revealed no problems.

However, Anang Ma'ruf, a 52-year-old Garuda Indonesia passenger heading to Medan in North Sumatra, who arrived at the terminal four hours early out of curiosity, said he felt the terminal's operation seemed forced.

"I don't even know where the praying room and the toilet are; it's that confusing. There is no central rest area and it is not cool enough," he said, adding that he was also lost as to where to go for his flight, with no gate specified on his ticket.

AP II acting president director Djoko Murjatmodjo, meanwhile, said the company had taken steps to resolve the problems, including procuring up to six water pumps to avoid future inundation.

Aviation observer Gerry Soejatman stated that he felt the current operational problems were mostly "growing pains of a new terminal", although the inundation crossed the line.

"We can say that the operation is rushed, but in the long run it should get better," he said, adding that the government had made the right move by creating an inventory of the problems.

Source: http://www.thejakartapost.com/news/2016/08/16/terminal-3-under-scrutiny-after-mediocre-start-operations.html

Armed forces & defense

Rights body probes Air Force violence

Jakarta Post - August 19, 2016

Apriadi Gunawan, Medan – The National Commission on Human Rights (Komnas HAM) is launching an investigation into the recent violence carried out by Air Force personnel against residents and journalists during a protest in Sari Rejo, Medan, North Sumatra.

At least 10 people were injured in the violence, with some reportedly suffering gunshot wounds.

Not only will the rights body probe the alleged assault by the Air Force personnel, it will also investigate the triggering factor that caused the eruption of violence and the issues surrounding an alleged land dispute that may have started it all.

Komnas HAM member Natalius Pigai said he was concerned by the fact that the clash between the Air Force personnel and the Sari Rejo residents occurred when the nation was celebrating its 71st Independence Day.

He said the incident attracted public attention because the perpetrators were Air Force personnel and the victims were residents and journalists. The victims reported the incident to Komnas HAM.

"Today, the rights body comes here to follow up on a report from Sari Rejo residents about an alleged assault by Air Force personnel with the help of other military men," Natalius told the press in Medan on Thursday. Natalius said journalists were also attacked by Air Force personnel.

Hundreds of Air Force personnel were caught on camera engaging in acts of violence against Sari Rejo residents who blocked a road, protesting the Air Force's plan to build a housing complex on a disputed plot of land.

The Air Force claims it owns the land while the residents say the land belongs to them. The violence was captured by CCTV cameras belonging to Al-Hasanah Mosque on Jl. Teratai.

In footage screened at the Medan office of the Indonesian Ulema Council (MUI), Air Force personnel are seen assaulting a resident and damaging the mosque's donation box.

Natalius said he would meet with the victims and those involved in the clash to investigate allegations of persecution. Natalius expressed optimism that the results of the investigation would be publicized within a week. "Next week, the results of the investigation will be released," said Natalius.

Natalius said Komnas HAM would monitor the case until completion. He also said the organization might push for the involvement of the courts so that the perpetrators could be judged for their actions. "Why were journalists, who should be protected while covering news, abused?"

Sari Rejo community forum head Pahala Napitupulu said dozens of residents were victimized by the brutality of the Air Force members during the clash on Aug. 15. Of the scores of victims, added Pahala, three were still being treated in hospital for gunshot wounds.

"Rajali will undergo surgery because a bullet is still lodged in his groin," Pahala told The Jakarta Post while accompanying Komnas HAM to meet Sari Rejo residents in the Medan Polonia district on Thursday. Pahala said residents had agreed to bring the case to court.

A number of journalists, including Andri Syafrin of MNC TV and Array Agus from Tribun Medan, who were also victims of the abuse, formally filed a complaint with the Air Force's Military Police on Thursday. The complaints were made through lawyers with the Muslim Defender Team and the Medan Legal Aid Institute. X-rays show Andri suffered broken ribs and Array suffered rib fractures.

"We are awaiting the results of the investigation. We have also prepared a number of pieces of evidence and witnesses regarding the incident. We hope this facilitates the investigation conducted by the Military Police," said Ershad Lubis from the Muslim Defender Team after accompanying Syafrin's wife to file a complaint at the Soewondo Airbase in Medan on Thursday.

Soewondo Airbase commander Col. Arifien Syahrir ensured those concerned that the case would be processed until completion. Arifien said the Indonesian Military and the headquarters of the Air Force in Jakarta had formed an investigative team to resolve the case.

Source: http://www.thejakartapost.com/news/2016/08/19/rights-body-probes-air-force-violence.html

Military brutality caught on camera

Jakarta Post - August 17, 2016

Apriadi Gunawan, Medan, North Sumatra – Acts of violence by Indonesian Air Force personnel during a clash with residents of Sari Rejo subdistrict, Medan Polonia district, on Monday, were recorded by a CCTV camera at Al-Hasanah Mosque on Jl. Teratai, Medan, North Sumatra.

In the CCTV footage lasting several minutes, unidentified Air Force personnel were seen damaging a donation box at the mosque and beating local residents. At least 10 civilians were injured in the clash, which was reportedly triggered by a land dispute. Some of the residents suffered gunshot wounds.

According to several witnesses, the clash began after Sari Rejo residents staged a protest against Air Force personnel guarding disputed land by blocking a road in front of state senior high school SMU Negeri 2 on Jl. Adi Sucipto, Medan, on Monday. They burned tires to block the road.

Several airmen strove to extinguish the fire, during which they also reportedly attacked a civilian. Junaidi, a Sari Rejo resident, said angered by the violence, several residents fought with the airmen, which eventually led to a massive clash between them.

Two on duty journalists, Array Argus of local newspaper Tribun Medan and Andri Syafrin of MNC TV, were injured after they were allegedly beaten by several airmen during the clash.

Soewondo Air Force base spokesperson Maj. Jhoni Tarigan said the violence toward the two journalists and Sari Rejo residents was done in retaliation. He said the residents had provoked the military personnel, forcing them to take tough measures against the anarchic acts. (ebf)

Source: http://www.thejakartapost.com/news/2016/08/17/military-brutality-caught-on-camera.html

Criminal justice & legal system

No mercy for corruption, terrorism convicts

Jakarta Post - August 22, 2016

Jakarta – Given that corruption is still perceived as an ongoing threat to the country, the government's controversial plan to relax the remission requirements for extraordinary crime convicts has been met with criticism.

As a result of the overcapacity problem faced by many prisons in the country, Law and Human Rights Minister Yasonna Laoly has said that the government will revise Government Regulation (PP) No. 99/2012 on procedures and requirements to make it easier for those convicted of extraordinary crimes – including corruption, terrorism and drug trafficking – to acquire remission.

Under the draft revision, the minister wants to scrap the requirement that convicts must cooperate with law enforcers and become justice collaborators, arguing that such an obligation contravenes a convict's right to remission.

Law expert Bivitri Susanti, vice chairman of the Indonesian Jentera School of Law (IJSL), said overcapacity should not be a reason to relax the regulation since corruption was still rampant in the country.

She said that prison overcapacity should be minimized through giving more lenient punishments to people convicted of misdemeanors or petty theft.

"To reduce prison overcapacity, the government can also improve the shambolic data used by prison authorities. Many inmates are overstaying in prison," she added.

Under the current regulations, the government has continuously granted remissions to corruption convicts every year. Recently, on the 71st anniversary of Indonesian independence, disgraced tax official Gayus Halomoan Tambunan and former Democratic Party treasurer Muhammad Nazaruddin were among 128 graft convicts that received sentence cuts.

The minister's plan to revise PP No. 99/2012 has also been criticized by supporters of the Corruption Eradication Commission (KPK), who claim it would give special treatment to embezzlers of state funds.

Emerson Yuntho, an Indonesian Corruption Watch (ICW) researcher, said that if the obligation to become a justice collaborator was omitted, then nobody would want to help the KPK to discover other key players in graft schemes. "Why would they help the KPK if they won't get any benefit from it?" he said.

A staff member at the Presidential Office and former chairman of the National Commission on Human Rights (Komnas HAM), Ifdhal Kasim, said the ministry should increase transparency in assessing remission for convicts.

He suggested the ministry include people other than their own officials in an assessment team to grant remission. "The committee dedicated to assessing and granting remission should not only involve the internal team from the ministry but also those from other elements in society." (win)

Source: http://www.thejakartapost.com/news/2016/08/22/no-mercy-corruption-terrorism-convicts.html

Jailed drug lord's syndicate found with nearly Rp 3 trillion in Assets

Jakarta Globe - August 20, 2016

Jakarta – Transactions worth trillions of rupiah have been traced back to a drug syndicate led by an imprisoned convict, an official said on Friday (19/08).

Pony Chandra, 49, has been serving life imprisonment since 2014, but his drug syndicate was found to have assets worth Rp 2.8 trillion ($212 million) in Indonesia and abroad.

The sum is part of suspicious transactions worth Rp 3.6 trillion that were flagged by the Financial Transaction Reports and Analysis Center (PPATK) between 2014 and 2015. The findings were handed to the National Anti-Narcotics Agency (BNN) four months ago before being disclosed last weekend.

The BNN has confiscated some of the assets while more are currently being pursued overseas, where the funds were funneled through 32 banks and companies.

"All of them are in Asia and Europe," BNN prevention unit deputy chief, Insp. Gen. Arman Depari, told reporters on Friday. He added that his office also arrested three members of Pony's syndicate.

Pony was imprisoned on Nusakambangan Island in Cilacap, Central Java, in 2006 after being sentenced to 20 years for possessing nearly 60,000 ecstasy tablets.

In 2014, Pony was moved to Cipinang penitentiary in East Jakarta – the reason for the transfer remains unclear. Soon he was able to leave the prison to undergo medical treatment.

Later that year he was arrested at his house in North Jakarta and sentenced to life in prison for laundering money generated from drug business he run during incarceration. At that time his confiscated assets were worth Rp 600 million.

Source: http://jakartaglobe.beritasatu.com/news/jailed-drug-lords-syndicate-found-nearly-rp-3t-assets/

Mining & energy

Rp 1.4 quadrillion investment needed for clean electricity

Jakarta Post - August 18, 2016

Fedina S. Sundaryani, Jakarta – Indonesia will need Rp 1.4 quadrillion (US$107 billion) to meet its clean electricity target while developing the country's large new and renewable energy potential, government estimates show.

The hefty investment would be needed to reach the government's 23 percent target of national electricity being produced using clean energy, according to the Energy and Mineral Resources Ministry's Directorate General for New Renewable Energy and Energy Conservation.

Directorate general secretary Dadan Kusdiana said an attractive investment climate must be developed in order to encourage foreign investment, as it was impossible for the government to amass such a large sum of money.

"What we're trying to do now is create a good investment climate. For example, we are trying to set prices that will encourage investment. Right now, all geothermal permits are processed by the BKPM [Investment Coordinating Board]; it's all done in one place," he said on Monday afternoon.

New and renewable energy sources have been neglected throughout the years in favor of fossil fuel despite the potential large reserves in the country.

However, government commitment to cleaner energy has been pledged again amid the depletion of fossil fuel reserves and rising awareness of the need for environmental conservation. At last year's Paris climate talks (COP21) the government pledged a carbon emission reduction target of 29 percent by 2030.

Investment in new and renewable energy amounted to $870 million in the first half of this year, 63.5 percent of the total target of $1.37 billion. The biggest chunk of that investment at $560 million went into geothermal energy.

Furthermore, non-tax revenue from new and renewable energy sources reached Rp 283.25 billion during the first six months of the year, less than half of the full-year target of Rp 630 billion. Revenue so far has been solely from geothermal energy projects.

A Rp 1.2 trillion subsidy has been approved for the Energy and Mineral Resources Ministry in next year's budget to plug any gaps between the price of electricity from renewable sources and conventional sources that state-owned electricity company PLN cannot cover.

Despite the government's efforts, however, the future of clean energy sources in the country looks a little bleak. In its most recent 2016 to 2025 electricity procurement business plan (RUPTL), the 23 percent target of 2025 has been decreased to 19.6 percent as it was deemed unachievable unless 3.6 gigawatts were procured from nuclear power plants.

Moreover, the ministry also announced that it would slash Rp 900 billion from its budget this year, the biggest cut being in the allocation for the Directorate General for New Renewable Energy and Energy Conservation, which will be left with Rp 1.7 trillion.

Institute for Essential Services Reform (IESR) executive director Fabby Tumiwa said the government could not rely on investment alone to boost development. The government also needed to increase efficiency efforts, he said.

"In order to save energy, we need better technology. However, we are still highly reliant on new and renewable energy technology from abroad. On top of that, our current regulations have not been implemented well to allow for more use of these new technologies," Fabby said.

Source: http://www.thejakartapost.com/news/2016/08/18/rp-14-quadrillion-investment-needed-clean-electricity.html

Economy & investment

Unconducive policies hinder industrialization efforts

Jakarta Post - August 19, 2016

Dewanti A. Wardhani and Prima Wirayani, Jakarta – Despite Indonesia's vast potential to become a global industrial powerhouse the country's industrialization efforts are being stymied by unhelpful policies and an unfavorable business climate, a senior economist has warned.

World Bank Indonesia lead economist Ndiame Diop said the declining contribution of manufacturing industry to the nation's GDP had been caused by a combination of dependency on commodities and unconducive policies.

"For the sake of jobs, GDP growth, and reducing poverty, reviving manufacturing growth is important," Diop told a media roundtable on Thursday, urging the government to abolish regulations and practices that increase logistics and doing-business costs, to nurture Indonesian manufacturing, which has the potential to become a global powerhouse.

Prior to the government's economic stimulus packages that have been rolled out since 2015, Indonesia had more than 150 restrictive measures on trade and investments, according to data from Global Trade Alert. President Joko "Jokowi" Widodo's administration has announced 12 policy packages to cut red tape, spur investment and stoke manufacturing industry since September last year.

The contribution of local manufacturing industry, a sector that contributes most to the country's economy, has declined to 20.48 percent of GDP recently from 30 percent in 2009 and 23.7 percent when Jokowi took office at the end of 2014.

The problems lie largely in infrastructure bottlenecks that make it expensive to produce locally and tariffs that discourage manufacturers from producing more for export, industry players say.

In the automotive industry, expansion has been restricted by the high luxury tax for SUVs and sedans, making Indonesia uncompetitive compared with other countries, Association of Indonesian Automotive Manufacturers (Gaikindo) co-chairman Jongkie Sugiarto said.

For example, automotive firms invest in Indonesia for MPV cars – models which have limited global demand – but run to Thailand to produce SUVs, sedans and pick-up trucks, which are more commonly used globally. As a result, Indonesia is a production base for local demand, while Thailand enjoys a more global market.

"Foreign automotive firms prefer investing in Thailand because Indonesia's luxury tax on SUVs and sedans are high. Of course, firms look at local demand before exporting, and local demand for such models isn't favorable due to the high tax," Jongkie said over the phone on Thursday.

Meanwhile, the Indonesian Shoe Manufacturing Association (Aprisindo) said the local footwear industry, despite having the competitive edge of low labor costs and a plentiful workforce compared with the rest of the world, faced difficulties in terms of infrastructure bottlenecks and long customs clearance, which added to high logistics costs.

Indonesia's high logistics costs are considered a major impediment to the nation's competitiveness and economic growth, accounting for 26 percent of GDP, double those of Singapore and Malaysia.

Despite unfavorable conditions, Diop said many industries still performed quite well, such as footwear, vehicle tires, cars and pharmaceuticals.

He suggested several key reforms that Indonesia should pay attention to in order to create a friendly business climate for manufacturing: First, keep inflation lower than in trading partners. Second, reduce logistics costs, and improve inefficient port operations, ease entry barriers and port-to-factory linkage as well as traffic congestion.

The government, with the help of the National Economic and Industry Committee (KEIN), is currently designing an industrial road map which seeks to end reliance on imports and give a boost to the local manufacturing industry.

Indonesia's economy is more than 50 percent driven by consumer spending, a hefty proportion of which is supplied by imported goods.

Industry Minister Airlangga Hartarto promised that his office would encourage existing businesses to expand and benefit from the country's vast market, while thoroughly examining the industry's value chain structure to find and eliminate problems together with the Investment Coordinating Board (BKPM).

"We will boost upstream, intermediary and downstream industries," he said. "We are assessing incentives, such as tax allowances, required by the intermediary industry."

Source: http://www.thejakartapost.com/news/2016/08/19/unconducive-policies-hinder-industrialization-efforts.html

Gloomy economic outlook looms as data points to weakness

Jakarta Post - August 16, 2016

Prima Wirayani, Jakarta – President Joko "Jokowi" Widodo's Independence Day speech on Tuesday – which covered the direction of the country's economy – was overshadowed by weak data on exports, consumption and the state budget that may suggest sluggish growth for the rest of the year.

Exports dropped to a seven-year low in July, while motorcycle sales, a key indicator for the domestic consumption-driven economy, plunged by 27.6 percent in the same month from the same period a year ago, according to statistics agency and industry group data.

"The economy must be growing below 5 percent, lower than the government's target," Samuel Assets Management economist Lana Soelistianingsih said of the trade data, adding that anticipatory measures would now be too late.

Just two weeks ago, the Central Statistics Agency (BPS) announced that Indonesia's economic growth accelerated to 5.18 percent in the second quarter of this year, rounding up first half growth to 5.04 percent, versus the government's 5.2 percent economic growth target.

Growth in government spending and private consumption, which respectively account for 9 percent and 55 percent of gross domestic product (GDP), helped jack up the second quarter economic growth figure thanks to a seasonal Ramadhan and Idul Fitri boost, something that may not be sustained in the future with the recent weak reading.

Motorcycle sales dropped the most this year in July to 305,153 vehicles, data from the Indonesian Motorcycle Industry Association (AISI) showed. Meanwhile, the government may run out of money to boost the economy, with the state budget deficit widening to 2.08 percent of the GDP as of Aug. 5, already close to the year-end target of 2.35 percent.

"We all know the lesson learned from the last two years' budgets is that we have to be more realistic," said Bank Mandiri economist Andry Asmoro.

Almost three-quarters through the year, as of Aug. 5 tax revenue collection had reached 40.2 percent of the target set out in the revised state budget, at Rp 618.3 trillion (US$47.6 billlion). At the same time, government spending reached 49.8 percent of the target at Rp 1.03 quadrillion.

Finance Minister Sri Mulyani Indrawati has planned to slash Rp 133 trillion from the state budget to avoid a further ballooning deficit and greater revenue shortfall. But the move, while lauded by many as making the state budget more credible, could yield adverse effects of weaker-than-expected economic activity, economists said.

The widening deficit to above 2 percent is a yellow light for the government to put the brakes on its spending, said Maybank economist Juniman. "This is a consequence the government should take amid sluggish revenue collection," he said.

Sri Mulyani announced previously that the government would cut Rp 65 trillion from ministry and institutions' spending and Rp 68.8 trillion of regional transfers in anticipation of a tax revenue shortfall of Rp 219 trillion this year. She also widened the budget deficit target to 2.5 percent from 2.35 percent stated in the revised state budget.

Going forward, the government has to make a more rational tax target for next year and base its calculations on this year's realization, Juniman said.

"From now on, leave behind politically set targets and get back to economic fundamentals," he said, adding that the public was already well aware of the unsupportive global and domestic economic conditions. "The government should spread optimism among the public that 5 percent growth is already good enough for Indonesia."

[Dewanti A. Wardhani contributed to this story.]

Source: http://www.thejakartapost.com/news/2016/08/16/gloomy-economic-outlook-looms-data-points-weakness.html

Banking & taxation

Clock ticking on tax amnesty

Jakarta Post - August 23, 2016

Farida Susanty, Jakarta – A couple of months into the government's showpiece tax amnesty program, less than 1 percent of its targets have been met, even though President Joko "Jokowi" Widodo expected that most of the funds to be raised would be secured in the early months of the program.

As of Monday evening, total penalty payments stood at Rp 947 billion (US$71.5 million), out of the Rp 165 trillion target, while repatriated funds amounted to Rp 1.51 trillion of the Rp 1 quadrillion goal, government data show.

The slow issuance of supporting regulations for the tax amnesty may be one reason behind low interest in joining the program, as taxpayers put legal certainty first, especially big corporations and high net worth individuals, said Indonesian Chamber of Commerce and Industry (Kadin) advisory board member Chris Kanter.

"It's already August. We basically only have one more month to enjoy low penalty rates in the tax amnesty program," added Chris.

To avail of tax pardons, tax amnesty applicants must pay penalty rates of 2 to 4 percent of declared asset value until September, which will rise to 3 to 6 percent from October to December and 5 to 10 percent from January to March next year.

The government hoped the tax amnesty, which was initiated to widen the nation's taxpayer base, would see Rp 4 quadrillion of taxpayers' assets declared, of which Rp 1 quadrillion was expected from the repatriation of funds stashed overseas.

Supporting regulations for the tax amnesty, including those on investment instruments and fund placements, were issued on July 18 and Aug. 8, several weeks after the amnesty was launched on June 28,.

"Business players have been waiting for the regulations, how can we execute or prepare if there are no regulations? If we wait until the second period, there could be additional penalties and people might reconsider," Chris said.

The concerns were acknowledged by Finance Minister Sri Mulyani Indrawati: "Especially big taxpayers need time and legal arrangement they need to do, especially for wealth held in foreign countries."

She still maintains high hopes that a surge in asset declarations and repatriation in the amnesty program will occur in September to take advantage of the lower penalty rates after having sorted out financial and legal issues.

Sri Mulyani said the government had taken into account any potential tax revenue shortfall in general, including from the tax amnesty, which may amount to Rp 219 trillion in the 2016 revised state budget. Given the shortfall, the government has decided to further slash its spending by Rp 133.8 trillion.

The government expected Rp 165 trillion in additional tax revenue from the tax amnesty. But Sri Mulyani reiterated that the Rp 1.53 quadrillion overall tax income in the revised 2016 state budget would not only come from the tax amnesty, as there were other potential revenue sources.

As its latest effort to tempt taxpayers into availing of the tax amnesty, the government is set to issue a derivative regulation on special purpose vehicles (SPVs), or shell corporations, where it expects individuals or business entities operating through SPVs abroad to declare and repatriate the wealth held by the SPVs.

Although the details of the regulation remain obscure, the ministry stated that it would also expect business players to move the basis of operation of the SPVs to Indonesia as the government is considering setting up tax havens in the country.

Samuel Asset Management chief economist Lana Soelistianingsih warned that the government could run out of time in drafting and applying any new regulation, including the one on SPVs, given the limited time remaining.

Source: http://www.thejakartapost.com/news/2016/08/23/clock-ticking-on-tax-amnesty.html

Tax amnesty realization below expectations: Finance Minister

Jakarta Post - August 22, 2016

Ayomi Amindoni, Jakarta – The Finance Ministry has admitted that the realization of the country's flagship tax amnesty during its first month of implementation was below target.

Finance Minister Sri Mulyani Indrawati explained that 82.6 percent of assets declared as of Aug. 20 were dominated by individual taxpayers. The average amount of declared assets per taxpayer was Rp 6.4 billion (US$484,115), of which 17.4 percent was contributed by non-small and medium enterprise (SME) corporate taxpayers, with repatriated assets amounting to only Rp 9 million, she added.

Meanwhile, the average amount of declared assets per corporate taxpayer was only Rp 4.1 million. "These are still very small compared with our set targets," Sri Mulyani said Monday.

The Finance Ministry recorded that as of Monday, declared assets amounted to only Rp 42.6 trillion, far from the target of Rp 4 quadrillion. Of the total, Rp 35.5 trillion worth of assets were declared in Indonesia while the remaining Rp 5.56 trillion was declared overseas. Meanwhile, the total amount of repatriated assets was Rp 1.45 trillion.

The ministry added that redemptions recorded as of Monday amounted to Rp 863 billion, only 0.5 percent of the target of Rp 165 trillion expected by the government to add to its tax revenue by the end of 2016.

The figures are alarming because the first three months of the tax amnesty implementation were supposed to be the most interesting period for those wanting to join the program and enjoy the biggest penalty cuts.

The minister estimated that the figures would rise in September because big taxpayers may have completed legal adjustments to participate in the program. (ebf)

Source: http://www.thejakartapost.com/news/2016/08/22/tax-amnesty-realization-below-expectations-finance-minister.html

Finance minister laments low tax amnesty participation

Jakarta Post - August 16, 2016

Ayomi Amindoni, Jakarta – Despite the high enthusiasm seen in every tax amnesty program dissemination event held throughout the country, the number of program participants are still below the government's target, Finance Minister Sri Mulyani "Ani" Indrawati said on Monday evening.

"Regarding the increase in the number of participants, is still far from what is targeted. So, as the finance minister, I will continue to investigate," Ani said after a meeting with President Joko "Jokowi" Widodo at the State Palace on Monday evening.

Ani said businesspeople needed to consider participating in the government's flagship program to increase tax revenues and spur economic growth.

She added that her ministry would also communicate with the Indonesian Employers Association on asset conversion of special purpose vehicle (SPV) companies, which is often used to secure assets and liabilities overseas. "We are preparing a finance ministerial regulation to address that need. So hopefully there's no reason for them to not participate," Ani said.

As of Monday, the total amount of declared and repatriated assets stood at Rp 26.7 trillion from 4,203 taxpayer, of which Rp 22.7 trillion comprised domestic assets declared, Rp 2.97 trillion overseas assets declared, and the remaining Rp 1.03 trillion repatriated assets. Meanwhile, redemption had amounted to Rp 545 billion, or 0.3 percent of the government's target of Rp 165 trillion. (dmr)

Source: http://www.thejakartapost.com/news/2016/08/16/finance-minister-laments-low-tax-amnesty-participation.html

Analysis & opinion

After 71 years, democratic deficit remains

Jakarta Post - August 23, 2016

Irine Hiraswari Gayatri, Jakarta – Two years after the latest direct presidential election we are still hearing an outcry, despite having a "man of the people" in power.

For those concerned about human rights, this anger has been sparked by at least three developments: the inauguration of an infamous former military commander, Wiranto, in the latest Cabinet; the execution of drug convicts; and the greater application of the Electronic Information and Transactions (ITE) Law.

Public reactions have been markedly different from the early days of President Joko "Jokowi" Widodo's efforts to stabilize his new government in 2014.

The latest batch of executions took place despite protests inside and outside the country including that expressed by UN Secretary-General Ban Ki-moon. Nationwide, however, protests were minimal as public sentiment largely supports the death penalty.

A further reflection of poor concern for human rights and thus a serious blunder on the part of President Jokowi is the appointment of Wiranto. Though legally free of charges of human rights violation in Indonesia, the UN-created Special Crimes Unit in Timor Leste indicted Wiranto in 2004 for crimes against humanity for atrocities committed in 1999 in then East Timor, which involved Jakarta-backed militia, and issued an arrest warrant for him.

He has denied all charges and has been able to enter politics. He formed the Hanura Party with other retired military generals ahead of the 2004 election but failed to get support from other parties when running with media tycoon Hary Tanoesoedibjo.

It was not surprising when in 2014, together with the Indonesian Democratic Party of Struggle (PDI-P), Hanura supported Jokowi in the presidential election.

So what were the considerations in his appointment as coordinating political, legal and security affairs minister by President Jokowi? Whatever differences they may have, the PDI-P and Hanura share a similar conservative position regarding state sovereignty – with the right to apply the death penalty considered part of that. His appointment was also no surprise to "opposition parties".

In the Cabinet, strategic positions relating to the economy and politics are shared among three political parties, namely the PDI-P, the NasDem Party and Hanura, while the Golkar Party has also been accommodated. The current attorney general, Prasetyo, currently mandated to carry out executions, is from NasDem.

As Wiranto is seen to be on good terms with hardline Islamists, his current position is hoped to add to the legitimacy of Jokowi's administration among Islamists. NasDem fully backs the death penalty as part and parcel of the government's strong stance in applying the law on narcotics.

In general, political parties have no interest in reducing or lifting the death penalty as part of upholding human rights.

Other human rights concerns come from the application of the ITE Law that hinder freedom of expression. According to the independent Southeast Asian Freedom of Expression Network (SafeNet), almost 200 persons have been convicted of defamation and inciting hatred and animosity following postings on social media since the law was passed in 2008.

One recent case involved rights activist Haris Azhar, who spread an interview with executed drug kingpin Freddy Budiman regarding the involvement of the police, National Narcotics Agency officials and members of the military in his drug business. Haris faced the prospect of being taken to trial for defamation.

Following public pressure, however, an independent team was set up to investigate Haris' story. Earlier the authorities did not bother to look thoroughly at Haris' statement to find proof and to correct the decaying justice system, and ganged up on him instead.

The latest case was filed by a Bali-based community organization, People's Struggle Post (Pospera), known to be a strong supporter of Jokowi during his presidential campaign. It reported I Wayan Gendo Suardana, an activist from ForBali, an antireclamation movement in Bali's Benoa Bay.

The two cases are among many similar ones where the ITE Law is used to quell critics of injustice.

The three developments above show Indonesia is still experiencing a "democratic deficit", as political scholars say – showing a lack of democratic accountability and control over the decision-making process.

Our country does not lack formal democracy, with simultaneous general and local elections to take place in a few years' time. Yet freedom of expression is ignored while elected representatives largely do not mind such blatant abuses of democracy.

No political party has voiced its objection to the appointment of Wiranto, executions or the application of the ITE Law.

On the other hand, public protests against such developments, mostly from civil society organizations, have been channeled through various informal mechanisms. They continue to protest the ITE Law and to remind lawmakers and the President that they were elected on the hopes of millions for a significant change toward better, not worse, human rights compared to that of the New Order.

[The writer is a researcher at the Research Center for Politics at the Indonesian Institute of Sciences (LIPI) in Jakarta.]

Source: http://www.thejakartapost.com/academia/2016/08/23/after-71-years-democratic-deficit-remains.html

First blasphemy, now homosexuality?

Indonesia at Melbourne - August 23, 2016

Daniel Peterson – Presidential Spokesman Johan Budi recently announced that the Joko Widodo government was not interested in protecting the rights of Indonesia's lesbian, gay, bisexual and transgender (LGBT) community. His comments followed the release of a major Human Rights Watch report documenting the unprecedented spike in anti-LGBT rhetoric in Indonesia since January.

The reaction from various sections of civil society to these comments was predictable. Some 115 nongovernmental organisations, including LGBT-rights group Arus Pelangi, the Jakarta Legal Aid Foundation (LBH Jakarta), and the Indonesian Legal Aid Foundation (YLBHI), along with 490 individuals, signed a joint statement in support of Indonesia's LGBT community.

According to a 2013 Pew Research Centre survey, however, they hold a minority position in the world's largest Muslim-majority nation. The survey found that 93 per cent of Indonesians surveyed reject homosexuality. In 2014, the Indonesian Council of Ulama (MUI) issued a fatwa declaring the activities of the LGBT community to be haram (forbidden), a crime contrary to articles in the Constitution, and incompatible with Law No. 1 of 1974 on Marriage. In February this year, Indonesia's (and the world's) largest Islamic social organisation, Nadhlatul Ulama, described homosexuality as "peverted" and a "desecration of human dignity".

Other government ministers have made statements far more inflammatory than that of the president's spokesman. Religious Affairs Minister Lukman Hakim Saifuddin, for example, has implored religious organisations to ascertain the "root cause of homosexuality", and to adopt a religious and psychological approach to tackle the problem. Not all government ministers share these sentiments. Luhut Pandjaitan, when still serving as coordinating minister for political, legal, and security affairs, for example, maintained that members of the LGBT community were just as entitled to protection from the state as all other Indonesian citizens. But his views are in the minority at the government level.

The tension between upholding religious values and basic human rights being played out in Indonesian public life may surprise and alarm outsiders who favour a liberal democractic style of government. The debate, however, is a reflection of constitutional tensions that have plagued Indonesia since it declared independence on 17 August 1945.

The Indonesian Constitution has had three incarnations, as well as four subsequent amendments (between 1999 and 2002). It was first conceived in 1945, hastily drawn up in the last days of the Japanese occupation. It was then replaced in 1949 by a constitution that comprised 197 articles, and adopted almost all the provisions of the Universal Declaration of Human Rights (UDHR). The 1950 Provisional Constitution maintained these human rights, elaborating them to the point that political figures such as Supomo (1903-1958, one of Indonesia's founding fathers), even argued that it recognised human rights to too great an extent.

The Constituent Assembly (Konstituante), mandated by the Provisional Constitution to draft a new constitution, failed to live up to expectations. Under pressure from an increasingly aggressive military, President Soekarno abrogated the 1950 Constitution in 1959 by way of presidential decree, and reinstated the 1945 Constitution.

Subsequent amendments to the reinstated 1945 Constitution have gone some way to restoring the human rights focus of the 1949 and 1950 constitutions. As it stands, the 1945 Constitution now contains articles derived from international human rights conventions, such as the UDHR and the International Covenant on Civil and Political Rights (ICCPR). Article 28I(2), for example, states that Indonesian citizens' right to protection from discrimination is non-derogable, that is, it cannot be diminished under any circumstances.

Article 28J(2), however, makes religious values a relevant consideration when defining the ambit of all basic human rights, and specifically allows derogation of rights by the government. Article 28J(2), as affirmed by the Constitutional Court, now operates as a significant roadblock to the realisation of human rights in public life. Indeed, the Court has given credence and judicial authority to opinions such as that of the MUI, which declared in its 2014 fatwa that homosexuality contravened Article 28J of the Constitution.

Reconciling religious or Islamic values with human rights and basic tenets of liberal democracy has proven to be near impossible. The European Court of Human Rights, for example, has found the two competing ideals to be incompatible. Unsurprisingly, the European Convention on Human Rights, like the ICCPR, does not deem religion a legitimate reason to curtail human rights. The fact that the Indonesian Constitution (and Constitutional Court) does means that the contest between religious values and human rights will continue in Indonesia.

This is no more evident than now. In May, a group calling itself the Family Love Alliance (AILA) petitioned the Constitutional Court to amend the Indonesian Criminal Code (KUHP) to make intercourse between two consenting same-sex adults unlawful. Some regional regulations in South Sumatra and Aceh already contain such a prohibition. While these regional regulations are arguably invalid for being inconsistent with the Criminal Code and anti-discrimination laws (which occupy a superior position in the hierarchy of Indonesian laws), they have nonetheless been passed into law. They are examples of an increasing trend toward prohibition of LGBT activities.

As it stands, the Criminal Code only outlaws sexual relations between adults and minors of the same sex. University of Indonesia academic and AILA spokesperson Rita Hendrawaty Soebagio qualified the group's stance, saying: "[t]he real reason [for the petition] is so that we have much clearer norms. We are not intending to criminalise those who have a deviant sexual orientation. That is not the point. They can be free to live but not show their lifestyle."

But this is not true. The petition to the Constitutional Court seeking amendment of the Criminal Code is not simply requesting that members of the LGBT community keep physical intimacy behind closed doors. It is clearly seeking to criminalise sexual relations between consenting same-sex adults. While the Constitutional Court is yet to hand down its verdict, several lessons from a 2009 Constitutional Court decision may assist in predicting how it will apply the law.

In its 2009 review of Law No. 1 of 1965 on the Prevention of Abuse and/or Defamation of Religion (commonly called the Blasphemy Law), the Constitutional Court concluded that a person's religious beliefs are part of their inner freedom of religion (forum internum). It also held, however, that for the sake of peace and social order, those beliefs, when stated publicly, must accord with the basic tenets of that religion. In other words, the Court found that religious values are a legitimate reason to limit other basic freedoms, such as the right to protection against discrimination for practising one's religion in a way contrary to orthodox interpretations.

As for who decides the boundaries of religious orthodoxy, the Court stated that is the prerogative of the Ministry of Religious Affairs, pursuant to advice from relevant religious parties, including ulama (religious scholars), presumably the MUI. If this is the case, the fatwa on LGBT activities issued by the MUI may inform the Court's decision.

In its 2009 judgment, the Court also emphasised that Indonesia does not separate religion and state, nor does it value the principles of individualism and communalism. Moreover, it said that consideration of whether a law is good or bad, or whether it is constitutional or unconstitutional, should be informed by religious teachings and values, and that human rights may, therefore, be deemed less important.

The Court, perhaps misinterpreting Article 18 of the ICCPR, even concluded that a law that repudiates certain human rights still accords with the ICCPR if, by doing so, it maintains public order and safety. In fact, like Article 9(2) of the European Convention on Human Rights, Article 18 of the ICCPR does not consider religion a legitimate consideration for limiting the realisation of human rights in public life. The Court seems to have been kowtowing to the Sunni Muslim majority, censoring and repudiating the constitutionally-guaranteed human rights of religious minorities.

The Constitutional Court is not legally bound to adopt the approach it did in 2009. The similarities between the two cases, however, seem reason enough for it to do so. Amending the Criminal Code to criminalise same sex relations would be bowing to the majority, upholding what it perceives to be "religious values", as apparently guaranteed by Article 28J(2) of the Constitution. On the other hand, dismissing the application would be a brief victory for both the LGBT community in Indonesia, as well as for the constitutional right to protection against discrimination.

[Daniel is completing his PhD in legal Islamisation at the Institute for Religion, Politics and Society at Australian Catholic University. He also interprets and summarises Southeast Asian Islamic legal sources for SHARIAsource, a shari'a database initiative of the Harvard Law School's Islamic Legal Studies Program. He is an associate of the Centre for Indonesian Law, Islam and Society (CILIS) at the University of Melbourne.]

Source: http://indonesiaatmelbourne.unimelb.edu.au/first-blasphemy-now-homosexuality/

Australia continues to be shamefully silent on Indonesia's human rights abuses

The Conversation - August 22, 2016

Phelim Kine – Here's the glaring omission in Australian Attorney-General George Brandis' list of issues raised with Indonesian President Joko "Jokowi" Widodo in Jakarta this month: human rights.

Brandis touted their discussion on "counter-terrorism issues" and "information sharing between our law enforcement and intelligence agencies". Human rights either wasn't on the agenda or didn't rate mention in Brandis' trip report.

That omission was more than just a failure by Australia's top judicial official to voice Australia's support for universal rights and freedoms. It is a betrayal of Indonesian human rights victims in dire need of international support.

Australia has a solid record of protecting civil and political rights at home, with robust institutions and a vibrant press and civil society that act as a check on government power. However, the government's failure to respect international standards for asylum seekers and refugees continues to take a heavy human toll.

Australia has also adopted extensive and overly broad counter-terrorism laws in response to the threat of "homegrown terrorism", and has done too little to address Indigenous rights and disability rights.

Brandis' blind eye to human rights while in Indonesia is an unfortunate reflection of the Australian government's tendency to rarely raise concerns publicly about human rights violations in countries with which it co-operates on border protection matters or has significant trade relationships.

A visit to Papua

Brandis didn't lack an opportunity to raise human rights concerns. His visit began in Indonesia's restive province of Papua, where impunity for human rights abuses is routine.

In the past five years, Human Rights Watch has documented dozens of cases in which Indonesian security forces have used unnecessary or excessive force when dealing with Papuans exercising their rights to peaceful assembly and association. Authorities frequently arrest and prosecute Papuan protesters peacefully advocating independence or other political change.

A total of 37 Papuan activists are in prison on charges of treason for "crimes" including public display of the Papuan Morning Star flag, a symbol of the independence movement.

Indonesian authorities also continue to restrict access by foreign journalists and rights monitors to Papua. This raises serious concerns about the government's commitment to media freedom.

Brandis' Papua trip report references visits to "border facilities and a traditional market" and reiterates Australia's recognition of Indonesian sovereignty over Papua, but makes zero mention of human rights.

Guest of a controversial host

Brandis may have been reticent to raise human rights issues due to his status as "the guest" of the co-ordinating minister for political, legal and security affairs, Wiranto. The former general is Indonesia's poster child for impunity for grave abuses.

Wiranto was chief of Indonesia's armed forces in 1999 when the Indonesian army and military-backed militias carried out atrocities against the East Timorese after they voted for independence.

In February 2003, the United-Nations-sponsored Special Panels for Serious Crimes of the Dili District Court indicted him for crimes against humanity. The charges are so serious that in 2004 the US placed Wiranto and five others accused of crimes in East Timor on a visa watch list that could bar them from entering the country.

Brandis' decision to engage with Wiranto as a credible representative of the Indonesian government rather than as a war crimes suspect makes his failure to raise rights issues even more reprehensible.

Brandis also failed to raise the issue of the Indonesian government's commitment to an official accountability process for past gross human rights abuses. These include the government-orchestrated massacres of 1965-66 that resulted in up to one million deaths.

Jokowi had assigned Wiranto's predecessor, Luhut Binsar Pandjaitan, to oversee that process. Jokowi's move last month to replace Pandjaitan with Wiranto, for whom accountability for rights abuses constitutes an existential threat, raises doubts about the future of the accountability process.

Speak out against impunity

Brandis should have pressed Jokowi on the need for redress for past rights abuses as a means of justice for victims and their survivors, as well as to challenge the culture of impunity spawned by the lack of official accountability for those abuses.

Brandis should also have lent his voice in support of the rights of Indonesia's increasingly beleaguered LGBT community, which has come under unprecedented attack in recent months from a government-led campaign.

That campaign has included a torrent of abuse and hateful rhetoric, discriminatory edicts and the police use of unnecessary force against peaceful protesters.

The day before Brandis' August 12 meeting with Jokowi, the president's spokesman, Johan Budi, responded to a Human Rights Watch report on these abuses by saying there was "no room" for LGBT rights activism in Indonesia.

There is no indication Brandis took exception to that unacceptable comment – or even raised the issue of LGBT rights with Jokowi.

Australian campaigners against Indonesia's use of the death penalty might have been struck by Brandis' silence on that issue. His visit was just three weeks after Indonesia executed four convicted drug traffickers, the first group of 30 death penalty prisoners who face execution in 2016.

That silence was particularly incongruous given the vociferous Australian government opposition to Indonesia's execution of two Australian nationals in April 2015.

Brandis should have raised Australia's opposition to the death penalty as part of a policy of consistent public and private diplomatic pressure to end this cruel practice, showing how the death penalty has failed to deter crime and been unjustly applied. There is no indication he did so.

Brandis squandered a valuable opportunity to engage meaningfully with the Indonesian government on key human rights issues. It's up to those Australian officials who make official visits to Indonesia in future to ensure his failure is not repeated.

[Phelim Kine is an Adjunct Professor, Roosevelt Public Policy Institute at Hunter College, City University of New York and Deputy Director, Asia Division Human Rights Watch.]

Source: https://theconversation.com/australia-continues-to-be-shamefully-silent-on-indonesias-human-rights-abuses-64161

Indonesia's Jokowi makes a questionable appointment

East Asia Forum - August 22, 2016

Hipolitus Yolisandry Ringgi Wangge – In July, Indonesian President Joko 'Jokowi' Widodo courted controversy by appointing a former New Order general who has been accused of human rights abuses, Wiranto, as Coordinating Minister for Political, Legal and Security Affairs. As security and human rights have come to dominate the political dynamic in West Papua, the new appointment to the third most powerful position in Indonesia's Cabinet raises new questions for Indonesia's restive eastern province.

In recent years, two key issues have come to dominate the political dynamic in Papua: domestic security across the region, and unresolved human rights issues. Wiranto's predecessor, former general Luhut Panjaitan, has worked to address these issues over the past two years.

However, the appointment of Wiranto, who served as a military general during the early days of the reformasi period, will determine whether West Papua can move towards a long-overdue breakthrough. A key concern is if the former general will take the same stance as his predecessor.

While the current administration prefers to promote a developmental agenda in Papua, the region remains highly securitised. Since its integration into Indonesia in 1969, the province has witnessed persistent instability. The military presence is highly concentrated and there are plans for further military build-up in the future.

Among these, a brigade police (BRIMOB) headquarters is planned for Wamena; a new military territorial command (Kodam) is slated for Manokwari; while in Biak, a new Air Force base is to be built. In Sorong, a new Eastern Central Fleet will add between 7000 and 10,000 personnel.

At the same time, protests about the political and historical status of Papua have become more common in the past two years. Largely coordinated and mobilised by students and activists, they have drawn attention and support from the local population. In response, local security apparatuses have arrested, and in some instances are alleged to have tortured, protestors to contain the spread of demonstrations.

Still, protests are likely to increase in the near future, thanks to the international campaign of West Papuans led by the United Liberation Movement of West Papua (ULWP) in the South Pacific.

Against this backdrop, the new coordinating minister Wiranto is likely to back plans to expand the military's presence in the region. Protests against the military build-up will stir up memories of human rights violations in the past, but the new minister has no strong reason to roll back the plans.

Instead, Wiranto will likely tighten restrictions on popular protests in Papua. Wiranto's background as a former military commander who dealt with regional disputes in the early days of reformasi will likely mean that he will continue the current securitisation of Papua.

Another prominent agenda during Luhut's short period as a minister was to address human rights violations in Papua. He formed a special task group comprising government officials, human rights activists and Papuan community leaders to discuss and find solutions to historical and more recent instances of human rights abuses in the region. Three cases have since been categorised as human rights violations: the Wasior incident in 2001, the Wamena incident in 2003 and the Pania shooting in 2014.

However, the inclusion of only these three cases has drawn criticism from Papuans, who argue that many historical human rights violations have been overlooked by the government. Among these are the massacres that occurred in the 1970s, including a military operation in 1977-1978 that cost many indigenous lives, and a dozen shootings in various cities in Papua.

The three cases chosen by the task group also point to an important shortcoming: the lack of victim perspectives, particularly from those Papuans unfairly treated by security forces. There is insufficient room for the families of victims of human rights abuses to counter the rhetoric of security apparatuses, which, on many occasions, have been overly willing to label Papuans as separatists for publicly expressing their political and cultural views. The Indonesia government has also seemed reluctant to engage in productive and comprehensive dialogue with Papuans over their grievances.

Concerns about Wiranto's record on human rights, particularly in East Timor in 1999, will further hamper his ministerial performance and hinder programs to address gross human rights violations in Papua.

The former military commander is thought to be implicated in the Biak Massacre in July 1998 that claimed over 100 Papuan lives, as the massacre occurred when he was Commander of the Indonesian Armed Forces. His reputation may hamper progress towards long-overdue reforms needed to deal with the human rights issue in Indonesia's easternmost region.

The appointment of Wiranto indicates the Jokowi administration's continued reluctance to comprehensively address sensitive problems in Papua. This will likely be perceived as another half-hearted gesture by most Papuans and will exaggerate the problem of mistrust between Papuans and Jakarta.

[Hipolitus Yolisandry Ringgi Wangge is a researcher at Marthinus Academy, Jakarta.]

Source: http://www.economywatch.com/features/Indonesias-Jokowi-Makes-a-Questionable-Appointment0822.html

Infrastructure boom: For what and for whom?

Jakarta Post - August 22, 2016

Ah Maftuchan, Jakarta – The acceleration of infrastructure development is the key program of President Joko "Jokowi" Widodo and Vice President Jusuf Kalla.

However, despite the enormous budget allocation for infrastructure, how it is going to leverage human development in all forms remains an important question.

Simply boosting giant projects should not be the aim of infrastructure development; rather, the goal should be the enhancement of basic public services to increase access to quality health services, education and economic rights.

Decent and well-equipped classrooms, accessible and safe health facilities, real and high-quality vaccines and bridges and roads to improve rural people's livelihoods should also be the aim of the infrastructure program.

Many of the current administration's infrastructure-related policies are based on Nawacita, Jokowi's nine priority programs, which aim to increase productivity and competitiveness. Increased spending in infrastructure is seen as vital to that end.

Realized funds for infrastructure reached Rp 189.7 trillion (US$14.42 billion) in 2015, more than double the 2010 allocation. In 2016, budget allocation for infrastructure rose again to Rp 313 trillion or 8 percent of the total state budget.

Nonetheless, many infrastructure projects have not been optimally implemented. The government has indeed inaugurated many new ports in eastern Indonesia and airports in several regions.

But in another case, the government has kicked off the operation of the Pejagan-Pemalang toll road on June 16 without a proper supporting system.

As a result, massive traffic jams trapped motorists and caused many deaths during the Idul Fitri homecoming exodus or mudik recently. This highlighted the fact that infrastructure development has not yet been integrated with surrounding facilities, nor have proper scenarios been forecast.

In addition, the progress of infrastructure development has not been paced up either – note the long delays to launch the new Terminal 3 at Soekarno-Hatta International Airport.

The facts indicate at least two big issues. First, a lack of national capabilities to develop infrastructure timely, according to financing and executing.

Second, participation of both the community and private sector in boosting infrastructure projects. Participation in infrastructure is considered only to relate to land acquisition and public-private partnerships (PPPs). These problems make infrastructure development not timely and too top-down.

There are two agendas that should be revealed: The purpose of infrastructure and the users of infrastructure. Infrastructure is intended to accelerate economic growth, but also aims to make public services more affordable.

Sachs (2005), in his seminal work, The End of Poverty, indicated that the government's task was to invest in public goods and services, such as essential health services and education. If the conditions are met, people can access basic needs, and these two things are important to eradicate the cycle of poverty.

In economic terms, according to Ray (2016), a number of construction companies have booked huge profits from infrastructure programs.

Companies, especially state-owned firms such as Wijaya Karya, Adhi Karya, Waskita Karya and Pembangunan Perumahan, have posted a 40 percent rise in construction contracts. This shows a situation where the benefits of infrastructure are more likely to be reaped by big enterprises, not small and medium-sized ones.

Warung makan or small restaurants along the Pantura northern coast highway suffered significant economic losses after the opening of the Jakarta-Brebes toll road.

The government does not seem to have a scenario in place to anticipate this problem, a scenario that should have been planned before such a large infrastructure project began, as part of the project's social and environmental impact assessment.

The question is, if the focus of the government's infrastructure development is on constructing large infrastructure facilities to enhance competitiveness and economic growth only, then whither the role of infrastructure in the provision of basic rights for the citizens?

This requires a paradigm change for the Jokowi-Kalla administration regarding infrastructure. Constructing major infrastructure must be equally important to constructing public infrastructure to meet citizens' basic rights. If the paradigm does not change, infrastructure development will simply boost disparity between citizens.

In the health sector, providing safe and accessible puskesmas or community healthcare centers as a first level service must be prioritized. Quality health services are still rare in Indonesia's least developed regions.

Patients must travel long distance to reach the nearest health centers, which are often ill-equipped and lack medical workers. This leads to high mortality rates.

In the education sector, a lot of classrooms are shaky and many access roads are blocked, hindering students from accessing knowledge and improving their capabilities.

Hampering access for these students in the least developed regions means exacerbating disparity between the rich and poor regions' human development quality.

It is often said that government lacks the resources to finance infrastructure projects. Priorities must be made. The priority of infrastructure should be social development.

This requires a humble decision from the government, because social infrastructure might be less of a lighthouse, more of a fundament for long-term human development investment.

The Sustainable Development Goals (SDGs) jargon of "no-one left behind" and "people-centered development" are a strong basis for development actors to ensure that people reap the benefits of infrastructure development.

How to go about this? Government should use a bottom-up approach in infrastructure development, to put people's rights as the first priority. In other words, government should facilitate collaborative action in infrastructure issues.

Co-planning, co-financing and co-governing with people, government and the private sector is critical, in order to prevent the benefits from being enjoyed only by a small group of people or companies.

[The writer is a public policy analyst and executive director of Perkumpulan Prakarsa (the Center for Welfare Studies)]

Source: http://www.thejakartapost.com/news/2016/08/22/infrastructure-boom-for-what-and-whom.html

Executions: RI disregards its own laws

Jakarta Post - August 20, 2016

Raynov Gultom, Jakarta – Recently, the Attorney General's Office (AGO) held another round of executions and, similar to last year's executions, all those executed were drug offenders.

Hours after the executions, Attorney General M. Prasetyo reiterated that other countries should respect the sovereignty of Indonesian law, denying any appeals from countries concerned about the imposition of the death penalty in Indonesia.

The fact that the death penalty exists in our law is not in question, but this does not necessarily mean that the death penalty has always been implemented flawlessly. In fact, given that the criminal justice system is human-made, it is inherently prone to human error.

In the days leading up to the execution, serious unfair trials and miscarriages of justice experienced by those to be executed were raised by lawyers, family members and human rights groups. And now we have something more: an unlawful execution.

Outcries over the latest executions came from rights watchdogs, which identified two main errors. First, at least two out of four of the executed – Seck Osmane and Humphrey Ejike – had pending clemency decisions.

According to the Article 13 of the Clemency Law, an execution of a prisoner who has filed a clemency petition cannot be carried out before the President has issued a presidential decree on the clemency decision.

Article 7 paragraph (2) of the same law previously regulated that one could lodge a clemency petition one year after one's court decision was declared final and binding.

However, only last June the Constitutional Court declared that such a limitation was not in accordance with the 1945 Constitution and therefore revoked the article.

At that stage, neither of the two prisoners had filed clemency petitions until a few days before the executions. It seems obvious that legally speaking, both Seck and Humphrey still had a right to clemency and could not be executed before the President had made a decision over their petitions.

Second, the AGO violated the law on execution procedures, which regulates that executions cannot be carried out until 72 hours after a prosecutor notifies the condemned prisoners. All 14 death-row prisoners received their notification on July 26 around 3 p.m.

This meant that the executions could only be conducted, at the earliest, on the afternoon of July 29. In reality, the executions took place in the early hours of that day. Given these two violations, it seems clear this latest round of executions was unlawful.

International communities have taken up these violations and condemned them. The UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, for example, called on Indonesia to put a moratorium in place, defining Indonesia as the "most prolific executioner in Southeast Asia". Is this the international image that Indonesia wants to project?

European and Australian governments have also raised concerns over allegations of unfair trials, despite no European or Australian nationals being listed for execution. This demonstrates that their appeal to Indonesia to halt the execution is not a matter of defending their own nationals, but rather a matter of universal principle.

A distinguished Islamic philosopher from Oxford University, Professor Tariq Ramadan, has also sent an open letter to President Joko "Jokowi" Widodo. He enlightened the President on how sharia sees the death penalty. He argues that "rahmah [compassion] is an absolute necessity, an essential principle, an imperative duty, even if there is no doubt and all the conditions are gathered".

Despite the serious flaws and international criticisms, the AGO appeared adamant about its position on executions. Prasetyo has repeatedly said that other countries must respect the sovereignty of Indonesia's law.

Talking about such sovereignty, the attorney general himself has violated Indonesian law with those infringements. How can we expect foreign countries to respect our sovereignty of law if the law enforcers themselves blatantly disregard it? That seems to be a paradoxical position and a hypocritical standing.

This legal calamity can go on no longer. President Jokowi must stop any further executions. Thorough evaluation of death penalty cases by an independent team established by the President is imperative.

In the meantime, while the team is reviewing all death penalty cases, Indonesia must implement a moratorium with a view to abolishing the death penalty for all crimes.

This third round of executions has shown us that even where an execution is "legal", it does not mean that it is not intrinsically problematic. Further, it potentially kills an innocent person. How many innocent lives must we end until we stop this senseless killing?

[The writer is a legal fellow at Reprieve UK, based in Jakarta. Reprieve UK advocates for worldwide abolition of the death penalty.]

Source: http://www.thejakartapost.com/news/2016/08/20/executions-ri-disregards-its-own-laws.html

Wiranto and low trust in Papua

Jakarta Post - August 18, 2016

Hipolitus Yolisandry Ringgi Wangge, Jakarta – Trust is the most crucial factor for a state dealing with regional dissatisfactions that turn to conflict. And the absence of this vital prerequisite for constructive engagement is clear to see when there have been no truly genuine and consistent efforts to build it.

Trust, or the lack thereof, is a significant challenge faced by the newly appointed coordinating political, legal and security affairs minister, Wiranto.

Since President Joko "Jokowi" Widodo selected the former New Order general Wiranto to replace another retired general, Luhut B. Pandjaitan, as chief security minister, one long overdue matter to be immediately addressed is the Papua problem.

Two prominent issues so far are the internationalization of the Papua issue across the South Pacific under the Melanesian Spearhead Group (MSG); and the unresolved human rights issues and serious underdevelopment in Papua.

Those two issues were addressed by Luhut during the past two years, but there are no obvious signs that results have been forthcoming. A key concern is that Wiranto will take the same stance as his predecessor.

The Papuan international campaign has been massive in the last decade, particularly in the South Pacific. Nonetheless, for years the government has not adopted any comprehensive strategy to deal with the issue. In contrast to the South China Sea dispute, internationalization of the Papua issue has attracted little public discussion.

During his short tenure as a coordinating minister, Luhut made certain efforts to deal with the internationalization of the Papua issue.

His last visit to Papua and trips to England and Australia clearly sent a message not only for the central government and Papuans, but also for the international community. Yet such efforts have had little effect on Melanesian communities in the South Pacific, the main supporters of an independent "West Papua".

To contain the international campaign for Papua in the South Pacific, Luhut traveled to Papua New Guinea (PNG) and Fiji, two proponents of Indonesia's "internalization" of the Papuan issue.

Using economic diplomacy, specifically ad hoc economic assistance and bilateral agreements, the primary objective was to defuse the Papua issue in the Pacific – particularly thanks to the United Liberation Movement of West Papua (ULMWP), which was granted observer status in the MSG in 2015.

In exchange for Jakarta's support, PNG and Fiji successfully contained ULMWP's lobbying to attain full membership status at the MSG meeting last month in Honiara, Solomon Islands, and they will make a similar effort at the MSG Meeting next month in Port Villa, PNG. The whole objective of such efforts is to keep the Papua issue on the sidelines in the South Pacific region.

The other three members of MSG, namely the Solomon Islands, Vanuatu and the Kanak National Socialist Liberation Front, are in favor of the West Papua campaign. Melanesian communities tend to sympathize with the struggle of Papuans.

Wiranto is unlikely to pursue a different path. As a former military commander who dealt with regional disputes in the early days of Reformasi, there is little chance for a breakthrough on the internationalization of the Papua issue.

The defensive diplomacy of the past, and its concomitant denials of the human rights violations that brought Papua to international attention, will seemingly remain the prominent approach.

Another prominent agenda item during Luhut's short period was addressing human rights violations in Papua. Accordingly, he formed a special task group to discuss and find solutions to the issue.

This group comprises officials, human rights activists and Papuan figures. Three cases have been categorized as human rights violations and received much attention: the Wasior incident in 2001, the Wamena incident in 2003 and the Paniai shooting in 2014.

The inclusion of only these cases has drawn criticism from Papuans, since many past human rights cases have been overlooked.

Among the incidents that have been deliberately ignored by the government are the massacres in the 1970s, including a military operation in 1977-1978 that cost many indigenous lives, and a dozen shootings in various cities in Papua. The Third Papuan's People Congress in Jayapura in 2011 has also been off the government's radar.

The three cases chosen by the task group have another shortcoming, which is the most important one: the lack of the perspective of the victims, particularly Papuans who have been treated unfairly by security forces.

There is not sufficient room for victims' families to counter the arguments of the security apparatus, which has often labeled Papuans as separatists simply because they expressed their political and cultural rights in public.

This omission is amplified by the government's resistance to holding a dialogue to discuss Papua's issues more comprehensively, from historical to environmental problems.

Furthermore, Wiranto with his negative reputation on human rights, such as the incidents in East Timor in 1999, will hamper his ministerial performance and programs to deal with gross human rights violations in Papua.

Wiranto was closely related to the Biak Massacre in July 1998, which claimed over 100 Papuan lives, when he was the armed forces commander and defense minister. His reputation contrasts with the long-overdue spirit of reform needed to deal with human rights issues in Indonesia's easternmost region.

The appointment of Wiranto is another sign of the Jokowi administration's unwillingness to comprehensively address the sensitive problems in Papua, rather than its standard sole reliance on development programs.

The President's unwillingness will be perceived as another half-hearted gesture by most Papuans and will exaggerate the problem of trust between Papuans and Jakarta.

[The writer is a researcher at the Marthinus Academy, Jakarta.]

Source: http://www.thejakartapost.com/news/2016/08/18/wiranto-and-low-trust-papua.html

Wiranto: war criminal or political moderate?

New Mandala - August 18, 2016

The former general juggled the interests of reformers and hardliners during a turbulent time for Indonesia. But this important legacy is being overlooked, writes Terry Russell.

Wiranto, the man at the helm of the Indonesian military in the troubled years of 1998-2000, was inaugurated on 27 July 2016 as Indonesia's new Chief Security Minister.

Some people have opposed this appointment, arguing that Wiranto planned or at least allowed horrific human rights abuses in 1998-2000. Certainly some horrific crimes against civilians occurred under Wiranto's watch. But could he also be viewed as a political moderate who helped steer Indonesia through a difficult period as the Asian Financial Crisis threatened to tear the nation apart?

In 1998 I was living in Jakarta during the riots of May and the mass protests of November. That year, the value of the Indonesian rupiah had collapsed to 17,000 rupiah per US dollar, compared to just 2,400 rupiah per dollar in June 1997. Calls for East Timorese, Acehnese and West Papuan independence were becoming louder. Ethnic conflict was breaking out in many parts of Indonesia.

Rumours of high-level political rifts and impending coups circulated daily. Religious rifts were emerging even in the capital city and the word 'balkanisasi' (balkanisation) was part of the Indonesian lexicon. All of Wiranto's actions, or inaction, at that time needs to be viewed within the context of a nation that was close to disintegration.

The biggest crime, though not the only crime, of which Wiranto is accused relates to the devastation wrought by the Indonesian military in East Timor in 1999. From January-September 1999, at least 1,200 civilians were murdered in East Timor by Indonesian security forces or their proxies and many thousands more had their homes looted and burnt.

The Indonesian government-sanctioned commission of inquiry into human rights abuses in East Timor (KPP HAM) concluded, "Armed Forces General Wiranto as Armed Forces Commander is the party that must be asked to bear responsibility." Similarly, three years later UN investigators filed an indictment on behalf of Timor-Leste, but noted:

"Wiranto is the only man in this indictment against whom we don't have evidence of personal participation, by which I mean we don't have evidence of the things he said or orders he gave, which directly led to the establishment of militias. But throughout the whole period, he had command authority."

Both inquiries assumed that a normal military chain of command was functioning in Indonesia in 1999.

But a deeper analysis of context raises questions about how much Wiranto was in control of his security forces in 1999 and whether he may have been forced to compromise with Suharto-era hardliners in order to hold Indonesia's military together.

In 1999, Wiranto was a man under siege. Serving concurrently as Defence Minister and Chief of the Armed Forces, he was the man leading serious post-Suharto reforms in the military. In November 1998, he had reduced the military's automatic allocation of 75 seats in the nation's 500-seat parliament to just 38.

In April 1999, he had formally separated the military from the police force, as part of a move to help the military focus on external rather than domestic threats. Around the same time, he ordered that 3,000 military personnel who had been seconded to local government administration positions during the Suharto era either resign from the military or resign from their local government administration positions. In addition to these reforms, he was being asked to provide security for a referendum that might separate East Timor from Indonesia.

He turned 52 in 1999, so many generals that were technically under his command were significantly older than him. Their feelings were expressed publicly by retired Colonel Gatot Purwanto in early 1999, criticising Wiranto as, "A man who has spent too much time carrying other people's briefcases and who knows nothing about the sufferings of the ordinary soldier." As Wiranto pushed through reforms, there is no doubt he would have been generating angst amongst some hardliners.

But at the same time, he also faced another source of resistance from within the military – elements within the Special Forces (Kopassus). In June 1998, he had overseen the demotion of former Kopassus commander Prabowo Subianto, who also happened to be Suharto's son-in-law. Wiranto had then overseen a probe into Prabowo's role in the disappearance of human rights activists in May 1998 – a probe that led to Prabowo's complete ousting from the military in August 1998. In April 1999, the same probe sentenced 11 members of Kopassus to jail terms of up to 22 months.

Wiranto's own military background was in the infantry, so he did not have strong connections into Kopassus. Kopassus, which at that time was also implicated in fomenting the riots of May 1998, was a particularly unruly element of Indonesia's military. Wiranto had Prabowo's ally, Major General Muchdi Purwoprandjono, replaced as chief of Kopassus, however throughout 1999, Wiranto would have remained wary of a backlash from elements from within Kopassus.

There were still more divisions. Ever since the 1980s, there had been growing factionalism within Indonesia's military. Officers were vying for promotion by aligning themselves with an Islamist faction, known as ABRI Hijau, or a secular faction, known as ABRI Merah-putih. Prabowo had been a key member of the Islamist faction and Wiranto had been steadily gravitating towards the secular faction.

It is said that when Wiranto initially proposed a Christian general, Luhut Panjaitan, to become the new head of Kopassus in mid-1998, the ABRI Hijau faction was strong enough to block this choice. By January 1999, Wiranto had eased ABRI Hijau loyalists such as Fachrul Razi and Zacky Anwar out of key positions, replacing them with ABRI Merah-putih loyalists. Wiranto had chosen a path of demoting some opponents and compromising with others instead of a violent purge of the military.

The gulf that opened between these factions in 1998-1999 was real. So real that it remained a gulf right up to the presidential election of 2014, where the Islamist faction, including retired generals Kivlan Zen and Sudrajat, lined up behind Prabowo. The secular faction, including retired generals Wiranto, Luhut Panjaitan and Hendropriyono, lined up behind Joko Widodo (Jokowi). Throughout 1999, Wiranto would have been wary of a backlash from the Islamist faction. To deem Wiranto in full control of Indonesia's armed forces in 1999 is to misread the context.

East Timor was not the only conflict zone in Indonesia that Wiranto was dealing with in 1999. Communal violence had broken out in Kupang, West Timor in November 1998. Further ethnic violence had broken out in Poso, Central Sulawesi in December 1998, and in Sambas, West Kalimantan in January 1999. These all fed upon ethnic rivalries to control local government positions or local economic resources in the wake of the power vacuum that followed Suharto's resignation.

Most of these were quickly subdued, but throughout 1999 Indonesia's military would have remained on alert. In August 1999, as Indonesia's military prepared to 'safeguard' the referendum in East Timor, it was also preparing 7,000 security forces personnel to launch Operation Sadar Rencong II against separatists in Aceh province, dealing with new communal clashes on Batam Island and dealing with ongoing communal violence in Maluku Province. With so many flashpoints, Wiranto may not have been heavily involved in the planning around East Timor.

Evidence points to General Feisal Tanjung and Major General Zacky Anwar Makarim as the architects of the human rights abuses in East Timor in 1999. Wiranto, willingly or unwillingly, played more of an accomplice role. General Feisal Tanjung, who was serving as Coordinating Minister for Politics and Security in 1999, had been the Armed Forces Chief before Wiranto so he was very well connected. He also happened to be a key member of ABRI Hijau and a former Kopassus commander. To help prevent a backlash from Kopassus and the ABRI Hijau faction, Wiranto desperately needed to keep Feisal Tanjung on side.

It seems that Feisal Tanjung wanted to lead the military's strategizing on East Timor in 1999 and that Wiranto, willingly or because he had no choice, gave him a free rein. When Australian Prime Minister Howard advised President Habibie to plot a long-term path towards a referendum in East Timor, it was Feisal who chaired the key 25 January 1999 meeting that discussed Howard's letter. It was Feisal, who had been involved behind the scenes during the Act of Free Choice in West Papua thirty years earlier, who chaired a March 1999 meeting that discussed the wording of the special autonomy proposal for East Timor.

Major General Zacky Anwar, who was sent to East Timor in April 1999 to oversee the referendum process, was said to report to both Wiranto and Feisal Tanjung. However, Zacky Anwar's relationship with Wiranto may not have been particularly strong because Wiranto had eased him out of a key position only months before. On 11 May 1999, when Zacky Anwar finally gained an official role in East Timor, it was as a member of P40KT, a team set up by Feisal Tanjung to 'Secure and Make a Success of the East Timor Special Autonomy Ballot. In fact, secret communications intercepted by Australia's Defence Signals Directorate show that most of Zacky Anwar's reporting was to Feisal Tanjung. In effect this by-passed the formal chain of command.

After the UN mission arrived in East Timor in June 1999, Feisal continued to wield influence. A leaked 3 July 1999 Indonesian military document called for a large-scale coordinated plan for evacuation from East Timor and destruction of vital installations. The plan was written by Major General Garnadi, who worked under Feisal Tanjung in the Coordinating Ministry for Politics and Security. Wiranto played a role in sourcing funding for the militias, attending many meetings related to strategising for East Timor, and misrepresenting what he really knew when he spoke in media conferences. Feisal Tanjung appears to have been the mastermind.

Academic Geoffrey Robinson, who was in the UN compound in Dili in the June-September 1999 period, noted one claim that, "General Wiranto tried to order the withdrawal of the militias to West Timor before the ballot, but was unable to make his order stick in the face of opposition from within the TNI." He admitted there remained doubt as to, "whether the post-ballot violence was ordered through the normal chain of command or not."

One day Indonesians may learn how the chain of command really operated in East Timor and in other crimes of the 1998-2000 period such as the Jakarta riots and Trisakti shootings of May 1998, the Biak massacre of July 1998, or the Ambon conflict of 1998-2002. If it is later revealed that Wiranto was an instigator of these crimes, or even that he could have prevented them without facing a backlash from within the Indonesian military, he deserves full condemnation, and should be made to answer for his crimes. But if he simply failed to stop human rights abuses because the chaotic context of 1998-2000 forced him into political compromise with hardliners, that is a lesser sin.

Indonesia got through the difficult years of 1998-2000, transitioning from a dictatorship to a peaceful democracy rather than to disintegration. Wiranto, who juggled the interests of reformers and hardliners in the military, is a more complex person than the one-dimensional figure painted by human rights activists.

[Dr Terry Russell worked as a teacher and aid practitioner in Indonesia for 15 years. He is currently based in Australia, working in the international aid sector (with an organisation that has no involvement in Indonesia).]

Source: http://www.newmandala.org/wiranto-war-criminal-political-moderate/

Indonesian women: Their choices, 'destiny'

Jakarta Post - August 16, 2016

Faiza Mardzoeki, Jakarta – Indonesia has now been independent for 71 years. What has been achieved, especially for women?

The first thing to note is that there is no discrimination against women in the 1945 Constitution, which refers to "all the people of Indonesia".

Since the first elections in 1955, women have had the right to vote. Nobody questioned that. No surprise then that women have played roles on the battlefield and in politics, and also in education, although there is still great inequality.

Besides a female president, Megawati Soekarnoputri (2001-2004), several Cabinet ministers, a governor, regents and mayors have been women.

However, many women who grew up during the 32 years of the New Order have suffered from new conservative pressures. These are the "Golkar children", products of the period when Soeharto's Golkar party was everywhere.

My father was a civil servant and thus my mother was active in the Dharma Wanita women's organization of the bureaucracy, which was mandatory for civil servants' wives.

Her position in the organization followed her husband's position at work. These wives were also active in the Family Welfare Movement (PKK). The PKK was active from the capital right down to the neighborhood level.

The PKK teams, comprising community leaders' and officials' wives, organized various activities e.g nutrition counseling for families, services for mothers, babies and children and so on. All these activities defined women as creatures of the domestic realm.

School was another place where we were indoctrinated with conservative ideas. We were taught how women, through PKK and Dharma Wanita, were pillars of the state and pioneers for the motherland.

Even our greatest progressive female thinker Kartini, who was way ahead of her time at the turn of the century, was turned into a symbol of such conservatism, a figure demure in her traditional dress, depicted as the ideal feminine daughter.

At the time there was another ugly depiction of a certain kind of woman. This story was told through what was said about Gerwani (Indonesian Women's Movement). We were taught that Gerwani was an organization of evil women, associated with the Indonesian Communist Party (PKI), who were of low morals and who tortured captive military heroes by cutting their genitals. So politically active women, as distinct from domestically serving women, were bad.

However they never gave us Gerwani material to read for ourselves or allowed us to meet a Gerwani woman. This scary picture of Gerwani and these women meant that just hearing the word Gerwani silenced us.

Despite more women moving into politics and higher education, the New Order experience continued to define women as essentially creatures of the domestic space. So not once did I hear at school or anywhere about the individual woman and her rights. The word rights (hak) was not in the lexicon of the woman who was to be the servant of the family and the state.

When Soeharto fell in 1998, with great political turmoil fuelled by, among other things, student and peoples' demonstrations, including women through groups like Suara Ibu Peduli (Voice of Concerned Mothers), the situation changed.

One product of this activist ferment gave birth to the movement for a 30 percent quota of women in political parties and the parliament. There was only minimal opposition from the patriarchy as women's votes were important. Another product of the reformasi period was the establishment of the National Commission on Violence Against Women.

In the public sphere, Indonesian women have made many positive achievements. But let's look at the everyday problems still encountered by many.

If you are a woman under the age of 30, you will often encounter the question, "Are you married yet?" To not be married is still seen as something strange and unnatural: an avoidance of a woman's natural destiny.

This continues even as there are more women who don't marry, or decide not to have children, especially in big cities like Jakarta.

This aggressive assertion that a woman has a natural destiny to which she must conform to not only impacts the unmarried woman, but also those who have married.

How many times will somebody, another woman usually, suddenly start caressing one's tummy: "Something inside, yes?" A married woman whose tummy is not a "six-pack" can often incur this invasion of physical territory.

Relating to each other as one womb to another, rather than as one human to another, is assumed to be something natural among many women.

All these behaviors are imposed from childhood, with women themselves having no say in accepting them or not. Women are still defined as the wife or the mother; someone who is aware of the limits imposed upon her by her alleged natural destiny.

Friends who have chosen to remain single or have no children are often motivated by their commitment to work, their profession or other endeavors. They are often the backbone of families and often sustain even the extended family.

They realize how difficult it is to materially support a family and meet the needs of children in today's world, especially when living in big cities. So, consciously, they choose to have just one child or not to have children at all.

We see it too in a broader context, how thousands of women are "permitted" to fly to distant lands to work. They leave their children and their husband and his extended family to earn a living for their family. Family, village, country; all gladly accept the contributions from the labor of these women without ever questioning how the state works. And still, it is the man/husband who is positioned as the family head who determines the "policy" of family life.

And so, the first question to a woman should not just be: Sudah kawin belum? (Are you married yet?) but "Where are you working?" or "What are you doing these days?" as would be asked of a man.

As long as women are seen as having a narrowly defined kodrat or natural destiny, they will not be able to enjoy fundamental freedoms. Only when women are fully seen as equal human beings, defined only by what they are able to do and achieve, will they have real rights: freedom to work, freedom from violence and sexual harassment and freedom from a sexist culture.

Only then will our Constitution have real meaning.

[The writer is a playwright, a director and a theater producer and co-founder of Institut Ungu (Purple Institute, Women's Art and Cultural Space).]

Source: http://www.thejakartapost.com/news/2016/08/16/indonesian-women-their-choices-destiny.html

Rights in the firing line

New Mandala - August 16, 2016

Ken Setiawan – After the latest round of executions, and with the death penalty seen as a justified response to drug-related crimes, is there any hope for human rights reform in Jokowi's Indonesia?

Indonesia's most recent executions have brought the total number under the presidency of Joko Widodo ("Jokowi") to 18.

Jokowi's willingness to implement the death penalty is a break from the informal moratorium by his predecessor, Susilo Bambang Yudhoyono, and is also in clear contrast with Indonesia's previous average of executions – fewer than two each year over a 30-year period.

Supporters of the death penalty in Indonesia have justified the executions based on the challenges the country faces in combatting drugs and state sovereignty, as well as by claiming that capital punishment does not violate international law.

Supporters have pointed at Article 6(2) of the International Covenant on Civil and Political Rights (ICCPR), ratified by Indonesia, which states that "in countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes."

Indonesia's use of this article to support capital punishment ignores that the ICCPR was adopted in 1966. On top of this, the article was a compromise between abolitionist states – at that time in the minority – and states that retained the death penalty.

Since the adoption of the ICCPR, international standard-setting pertaining to the death penalty has evolved. Limitations have been placed on capital punishment. Over time, more states have taken steps to abolish the death penalty, a development reflected in the second Optional Protocol of the ICCPR on the abolishment of the death penalty, which entered into force in 1991 but which Indonesia is yet to ratify.

Indonesia does not follow this global trend – at least not for now. Even the deep flaws of Indonesia's laws and legal process, especially in cases where the death penalty has been sought, have not held Jokowi back from going ahead with executions – another clear violation of international standard-setting.

But the bottom line is that Indonesia's use of the death penalty denies individuals their most fundamental human right: the right to life, enshrined not only in international law but also in Indonesia's Constitution.

Human rights organisations, both in Indonesia and abroad, have expressed their outrage over the executions, pointing at Indonesia's human rights obligations. Amnesty International has, for instance, argued that the Jokowi presidency was supposed to be a new start for human rights in Indonesia.

Arguments such as these appear to refer to the nine-point priority agenda put forward by Jokowi and his deputy Jusuf Kalla during their campaign, which included law enforcement and human rights.

Closer reading of this point reveals that "human rights" are referred to in the context of finalising land conflicts, the "protection of children, women and other marginalised groups", and settling past human rights abuses (a rocky process that is now even more doubtful following the appointment of retired General Wiranto as Coordinating Minister of Political, Legal and Security Affairs).

As such, the death penalty has been absent from the start as a human rights issue, and instead is considered crucial for the eradication of drugs in Indonesia – a point that is included in the Nawa Cita (nine priorities) discussed above as part of the law enforcement agenda.

From this perspective, the death penalty is considered a justified response to a serious crime, and thus as a matter of enforcement of criminal law rather than a human rights issue. This is in line with widespread popular support for the death penalty.

It is also worth remembering that this nine-point priority document was a campaign promise and therefore does not automatically translate to actual policy.

The absence of the death penalty in human rights policy is also evident when considering the National Action Plan on Human Rights (RANHAM), which sets out the strategies and key priorities in this area across all relevant government sectors for the 2015-2019 period.

While the RANHAM includes the right to life as one of the listed priorities, this has been interpreted within the categories of public health and the environment, particularly where they affect the disabled and other vulnerable groups.

Jokowi's emphasis on social welfare is an example of this interpretation, and these issues certainly warrant immediate attention. However, from a human rights perspective this understanding is narrow, as it glosses over the civil and political issues associated with the right to life – not only the death penalty, but also extrajudicial killings which occur in conflict areas, and the prevalence of torture which may lead to a violation of the right to life.

The fact that the death penalty is not a part of current human rights policy, reflects how capital punishment is overwhelmingly perceived in Indonesia both in society and among the political elite; that is, as a method to punish crime.

Considering the strong support for what has been labelled 'penal populism' it seems unlikely that a moratorium on the death penalty, let alone abolition, will be on the cards soon. In addition to these societal attitudes, a 'coincidence of interests' has also played a key factor: a state body that has always supported executions (BNN, the National Narcotics Agency), an attorney general looking to silence his critics, as well as a president in search for political gains.

But is it all doom and gloom?

While it looks like Jokowi will not change his mind on the death penalty, the resumption of executions has triggered renewed debates on the practice.

These have not only been spurred on by abolitionist NGOs and civil society groups, such as the Alliance of Human Rights Lecturers (SEPAHAM). Last year, the National Human Rights Commission Komnas HAM, spoke out against the death penalty whereas previously the organisation refrained from making such a statement. Members of the political elite are speaking out against the death penalty too, including former president BJ Habibie.

These developments show that while for the time being the politically dominant position is in support of the death penalty, this view is not necessarily shared by everyone and increasingly contested.

In the long run, this may contribute to a changes in human rights perceptions and policies where the right to life is comprehensively addressed and ultimately respected.

[Dr Ken Setiawan is McKenzie Postdoctoral Fellow at the University of Melbourne's Asia Institute.]

Source: http://www.newmandala.org/rights-firing-line/