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Indonesia News Digest 14 – April 9-16, 2010

Actions, demos, protests...

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Actions, demos, protests...

Students call for elimination of legal brokers

Jakarta Post - April 14, 2010

Semarang – Students affiliated with the Indonesian Muslim Students for Unitary Movement (KAMMI) demanded the police rid the system of case brokers, locally abbreviated as markus.

They rallied Monday from the city's central fountain to the Central Java Police. They carried cones and laid down flowers to symbolize their wish for the police office to clear of legal brokers.

KAMMI head of the Semarang chapter Arief Eka Atmaja said that people hoped for legal supremacy in Indonesia.

"People's aspirations should be heard," Arief said "However, the freezing of many court cases in Central Java shows that judiciary institutions are not functioning well."

The students orated in front of the building gate before they were allowed in.

Police spokesman Comr. Gen. Djoko Erwanto said investigations into several cases were underway. "They need time to process, however. We ask students and others to help supervise investigations," he said.

Traders protest 'uncontrolled growth' of modern markets

Jakarta Post - April 14, 2010

Rana Akbari Fitriawan, Bandung – Around 150 traders grouped under the association of traditional kiosks and markets (Pesat) staged a rally on Monday in Bandung, demanding the government heed their "marginalization" with the rapid growth of modern markets across the city.

Before staging the rally in front of the Gedung Sate building, the official administrative provincial office, the protesters vented their grievance at an Indomaret minimarket on Jl. Suropati by attaching to its door a poster that read "This minimarket is sealed because it violates PP No 112/2007 on zones and operating hours".

"We have been calling for help for the past four years but the government keeps turning a deaf ear," protester leader Usep Iskandar Wijaya said. Usep said the administration had been inconsistent with Presidential Decree No 112/2007 on the protection of traditional markets.

Vice President Boediono's statement that modern markets were allowed to operate 24 hours a day was deemed a breach of the decree that also stipulates the operating times of modern markets.

He said the condition of traditional kiosks and markets was continuing to decline because of the uncontrolled influx of modern markets in the region.

Around four years ago, he said, traders at traditional markets could earn between Rp 4 million and Rp 5 million a day. With more and more minimarkets operating, however, this had decreased by up to 60 percent. "Some can only make around Rp 250,000 a day."

The protesters urged West Java provincial and Bandung municipal administrations to issue bylaws to protect traditional markets. "Otherwise we will seal more minimarkets," Usep said. The protesters called on the Vice President to withdraw his statement on the operating hours of modern markets.

No less than 60,000 traders are said to be operating in 40 traditional markets across Bandung municipality.

Separately, the secretary of the association of retail business' (Aprindo) of West Java, Henri Hendarta, said the sealing of the minimarket was baseless, especially if the minimarket had a license to operate 24 hours a day.

He expressed concerns regarding the reported condition of the traditional market traders. However, he said, his association could do nothing about it because the authority to issue such licenses was in the hands of the government.

"The government should be more prudent before issuing a license, for example by conducting field surveys. A minimarket cannot be established within a 500-meter radius of a traditional market," he said.

He added that there were at least three minimarkets that had licenses to operate around the clock, namely Alfamart, Indomaret and Circle K. Hendri said there were around 400 minimarkets, 49 supermarkets and six hypermarkets across Bandung.

"I think it's difficult for supermarkets and hypermarkets to operate 24 hours a day, especially because of the high operating costs and limited number of customers," he said.

Ethnic Chinese community clash with local government in Tangerang

Jakarta Globe - April 13, 2010

Clashes have broken out outside the headquarters of the Tangerang Public Order Agency in Banten during a demonstration by members of the Benteng Chinese community who are protesting against local government attempts to evict them from their homes.

About 1,000 members of the poor and marginalized community have been resisting the administration's and the Public Order Agency's (Satpol PP's) attempts to force them from their homes in Lebak Sari Village, Neglasari. The government has been attempting to evict the community since last year, arguing that they own the land.

The plan affects 350 families, totaling 1,007 people. Tuesday's demonstration had been conducted peacefully until a protestor reportedly threw a rock at a Satpol PP officer, resulting in the ongoing standoff. There have been no reports of injuries at this stage.

Members of the community are descended from Chinese laborers who were brought to the area by Dutch colonialists in the 18th and 19th centuries.

Though they have lived at Kampung Lebak Sari for centuries and have assimilated well with local people, hundreds of years later many still do not posses government identification cards and they have no political rights.

Eddy Halomoan Gurning, a lawyer from the Legal Aid Institute who is representing the community, told Detik.com that during the 2009 legislative and presidential elections, most could not vote because they had been unable to obtain ID cards.

"They have to undergo complicated administration procedures to have ID cards or any other documents, including birth certificates or marriage certificates," Eddy said.

Drums cheer on protesting Benteng residents

Tempo Interactive - April 13, 2010

Ayu Cipta, Jakarta – Residents of Benteng, Tangerang used various ways to show their rejection of the eviction that will be carried out by the local police today. To encourage the protestors, they beat on drums and pans.

Hundreds of residents of all ages wore red headbands. Instead of feeling sad, they sang songs.

Diana Ginting, 45, despite having a hoarse voice, led the group. They formed a barricade and cried "Say no to eviction! Don't back out although the excavator is here."

Muhamad Isnur from the Legal Aid Foundation Jakarta instructed the crowd to hold hands from the first row and all the way back. "Will you back out if 1000 troops come?" he asked. The ladies shouted "No!".

Until this news went to print, the people were placing blockades and held hands to form a chain.

Aceh

Secular Indonesia outraged over Aceh mob justice

Agence France Presse - April 9, 2010

Indonesia on Friday promised a full investigation into the public humiliation, mob beating and possible caning under Islamic law of two people suspected of having an adulterous tryst.

The offences allegedly took place Wednesday after a 36-year-old teacher and a 28-year-old housewife were accused of having extramarital sex in Aceh province, where religious police enforce Shariah or Islamic regulations.

They were dragged from the woman's home by an angry mob, paraded naked through their village, tied to a post and beaten almost to death, and now face nine lashes each in public, police said.

It is the latest incident to expose the conflict between local Shariah provisions and rights enshrined in the secular constitution of the world's most populous Muslim-majority country.

"This is a barbarous crime and obviously against our rule of law," an official at the justice and human rights ministry said. "We will order police to launch an immediate probe and to take firm and concrete action against the perpetrators."

Nearly 90 percent of Indonesia's 234 million people are Muslims, but the vast majority practise a moderate form of the religion.

National human rights commission chairman Ifdhal Kasim urged President Susilo Bambang Yudhoyono to clarify that rights guaranteed under the constitution take supremacy over local regulations, including religious ones.

"This can be a bad precedent for other regions which have similar tendencies and which try to put religious values above the country's constitution," he told AFP. "The directive should mention that Indonesia is a secular country and everything should be based on the constitution."

Deeply Islamic Aceh adopted partial Shariah law in 2001 as part of an autonomy package aimed at quelling separatist sentiment.

Last year the outgoing provincial government passed the Qanun Jinayat, a bill allowing adulterers and other religious offenders to be put to death by stoning. It has not been signed into law by Governor Irwandi Yusuf and officials in Jakarta have asked for it to be withdrawn.

West Papua

Three police injured in tribal row in Papua

Jakarta Globe - April 15, 2010

Armando Siahaan – A violent tribal conflict between two groups in Kwamki Lama, a village in Mimika district in Papua, erupted again on Thursday, leaving three police officers injured a day after the killing of a resident.

The clash occurred following the attack on Kalelo Kogoya, a resident of Kampung Karang Senang, who was struck by 20 arrows allegedly released by a group from another village on Wednesday night. Dozens of people immediately gathered at the victim's house, and went on guard, some with their traditional battle equipment.

On Thursday morning, one of the groups fired arrows at the police officers trying to secure the area, injuring Chief Brig. Kanisius on his chest and Brig. II Antar on his left hand, according to Mimika Police Chief Senior Adj. Commissioner M Sagi.

The two injured officers were taken to different hospitals, the Mitra Masyarakat Hospital and the Timika Regional Public Hospital, he said.

Earlier that day, an intelligence officer from the Mimika Police, Kanis Jehabut, was also shot by an arrow while his unit was conducting house-to-house searches in Kwamki Lama for weapons. Two residents were caught in possession of bows and arrows.

Despite the brawl, the situation in Kwamki Lama was in general still under control, Sagi said. About 60 police officers were mobilized to handle the conflict in Kwamki Lama, around 5 kilometers from Timika town, he added.

It was reported that both groups have been on standby in their respective areas since Thursday morning, equipped with bows and arrows, chopping knives and other sharp objects.

The clash on Thursday was the second round of a similar conflict in Kwamki Lama earlier this year.

In January, two groups from a single tribe were involved in a violent conflict that left at least three people killed and dozens injured.

According to Ferry Marisan of Elsham, a human rights group based in Papua, the origin of the conflict can be traced back as far as last year, when a woman from the Damal tribe was raped by someone who was also from the tribe. This split the tribe into two groups, causing a war within the tribe. The tribe, which was originally based in the mountains, brought the war to Kwamki Lama.

In January, the tribal clash was settled through a traditional ceremony. However, the warring tribe decided to stay in the village instead of returning to their own area.

Ferry said he suspected it was the group from the Damal tribe that committed the attack on Wednesday night. However, Ferry said this may not be a continuation of the January conflict because the victim was someone from a different tribe.

"I fear that the conflict has changed from an internal conflict within a tribe, into a conflict between tribes," Ferry said.

Regarding the attacks on the police, Ferry explained that according to local tradition, when there is a tribal war, no third parties should meddle in the affair. "That's why [the police officers] were attacked," he said.

[Additional Reporting by Antara.]

Group queries Australia's avoidance of Papua

Radio New Zealand International - April 15, 2010

The Australia West Papua Association has questioned why an Australian parliamentary delegation which is visiting Indonesia this week is not visiting Papua region.

The Association's Joe Collins says that despite the frequent bilateral visits between Australia and Indonesia since the Rudd government came to power, none of these delegations has visited West Papua or Papua provinces. He says it's as if Papua is a no- go area.

The Association says it believes the situation in Papua could deteriorate further and that now is the time for the Australian government to be urging Jakarta to resolve key issues of concern in Papua.

An Australian delegation, led by Australia's Secretary for the Pacific, Duncan Kerr, is in Indonesia as part of regular official exchanges.

Bodies of shooting victims brought home

Jakarta Post - April 15, 2010

Nethy Dharma Somba, Jayapura – The remains of three people, who were shot and killed by an armed group in Bremele village, Mewulok district in Puncak Jaya regency, were transported to the Papuan capital Jayapura Wednesday.

The victims – Abdullah, Elimus Ramandey and Hans Ramandey – were employees of PT Modern Group, and were working on the 25- kilometer Mulia-Mewulok highway project when they were shot and killed on Tuesday. About 13 kilometers of the road has been completed.

The company's engineer, Ardi, told reporters at the Sentani Airport that his colleagues were shot on their way to the construction site.

"Three people approached the workers and shook their hands. At that time, two other men appeared and started shooting. Three of my colleagues died on the spot and the rest of us ran for our lives," he said.

Another employee, Paingot Sirait, was shot but managed to escape, has also been evacuated to Jayapura to undergo surgery. Two others escaped unharmed.

"Paingot was shot three times. After he was shot, he ran and fell in a ravine. He was found around 2 kilometers from the scene," Paingot's brother Rudi said in Jayapura.

Ardi said that based on accounts of those who were able to escape, the assailants wore civilian clothing and carried government-issued guns and traditional weapons, such as axes, machetes and bows and arrows. The armed group also torched two trucks, a car, two bulldozers and an excavator.

"The total material losses is estimated at Rp 6 billion [US$660,000)," said Ardi. "Construction work has to be suspended because our heavy machinery has been damaged."

Papua Police spokesman Comr. Agus Rianto said police were currently pursuing the assailants. "They have not yet been caught," he briefly told The Jakarta Post.

So far five people have been killed by unidentified people in Puncak Jaya, including Papua Police Mobile Brigade member Sahrul Mahulau, 23, who was killed on Feb. 15.

Gunmen kill two in Papua

Jakarta Post - April 13, 2010

Jakarta – Two people were killed when gunmen approached a group of workers in the remote Papua regency of Puncak Jaya at 11.00 a.m. on Tuesday.

The dead were identified as Hans Ling Satya and Elemus Ramanday, who are PT Modern employees, kompas.com reported.

Four workers who escaped the incident were said to be safe and at a nearby police mobile brigade post, but another worker is still missing and was last seen heading to the nearby forest. The gunmen also set to fire three cars.

Papua Police Insp. Gen. Bekto Suparto has not provided an explanation about the case, but Agus Bemei, who reported the case to police, said the killers had three firearms and three grenades.

Dutch NGO pushes for action over sick Papuan political prisoner

Radio New Zealand International - April 12, 2010

The Netherlands-based advocacy group Foundation Pro Papua has written to the Dutch Minister of Foreign Affairs about its concern for the health of a Papuan political prisoner in Indonesia.

Filep Karma, who is serving a fifteen-year jail term in Jayapura for unfolding the Papuan national flag in 2005, is reported to have been suffering from a serious prostate infection since last year.

However a number of human rights activists say that management at Abepura prison is still not allowing Mr Karma access to medical treatment.

Foundation Pro Papua has called on the minister, Maxime Verhagen, to encourage Indonesian authorities to allow the prisoner access to treatment.

He visited Indonesia last year when he spoke of the country's possible pioneering role in the field of human rights and democratisation.

The Dutch NGO says Mr Verhagen should remind Indonesia of its potential human rights role again.

NZ should do more over Papua issue, says author of new book

Radio New Zealand International - April 12, 2010

An author of a new book about peacebuilding in Indonesia says governments like New Zealand's can and should do more to help resolve the problems of the Papua region.

The book, 'Anomie and Violence: Non-truth and Reconciliation in Indonesian Peacebuilding', says international leadership on the Papua question is essential to avert catastrophe and end almost 50 years of conflict that has claimed tens of thousands of lives.

Professor John Braithwaite's book says that ongoing repression and exploitation in Papua is feeding deep resentment and alienation among the indigenous people. He says regional players like New Zealand cannot continue to ignore it.

"New Zealand has done some very good things in the past but like many governments has given up (on) a problem that's been there for fifty years, seems insoluble. But one day it will either explode into something really awful or it will be resolved. It won't drift forever. So to just let it sit there and fester is a very irresponsible position for western diplomats to take."

Papua 'ready to explode'

Melbourne Age - April 11, 2010

Tom Hyland – Indonesian Papua risks erupting in bloodshed, with huge loss of life and disastrous consequences for Indonesia and Australia, a new book warns.

The book, by respected Australian academics, says Indonesian and international leadership is essential to avert catastrophe and end almost 50 years of conflict that has claimed tens of thousands of lives.

It says Indonesian President Susilo Bambang Yudhoyono has failed to stand up to his generals who foment the conflict, while Canberra's diplomacy has been "insipid", despite the potential consequences for Australia.

"Unless there's a positive approach to dialogue, it's a matter of when, not if, an eruption of violence occurs," Professor John Braithwaite, who led the research behind the book, told The Sunday Age.

The book, Anomie and Violence: Non-truth and reconciliation in Indonesian peacebuilding, characterises conditions in West Papua and Papua provinces as a "dangerous calm", with repression and exploitation feeding deep resentment and alienation among indigenous people.

The repression includes torture, rape and sexual mutilation so gruesome that the academics agonised over publishing details.

The extent of repression has not changed, despite the democratic transformation of Indonesia since the fall of the Suharto dictatorship in 1998 and local autonomy promised to Papuans in 2001.

The ANU academics contrast Dr Yudhoyono's failure to to deal with the Papua conflict with his successful role in ending other internal conflicts, especially in Aceh.

They warn of growing Papuan support for armed conflict to wrest independence from Jakarta, which won control of the territory in 1969 after what is is now widely acknowledged as a fraudulent vote.

Drawing on research in Papua, they say many young highlanders declare they are ready to die, while members of the pro- independence Free Papua Organisation, the OPM, see no option but to take up arms.

They quote an OPM fighter saying the organisation hoped to provoke a "Super Santa Cruz" to draw international attention to their cause – a reference to the Indonesian army massacre in Dili's Santa Cruz cemetery in 1991, a decisive event in East Timor's independence struggle.

An eruption of violence would likely result in an exodus of refugees to Australia, creating a crisis in relations between Jakarta and Canberra.

Such a scenario would be a "lose-lose-lose" situation for Dr Yudhoyono, Prime Minister Kevin Rudd and the people of Papua, "who would suffer untold loss of life and liberty".

While the OPM is militarily ineffective, it had the capacity to "kill a lot of Indonesian soldiers and police in the highlands", triggering massive retaliation. Only "visionary preventive diplomacy" can prevent renewed war, the book warns.

This should involve Jakarta, Canberra, Washington, the EU and church and other groups in Papua in promoting a peaceful resolution of the conflict.

While Dr Yudhoyono is a "decent man and a peacebuilder", he was unwilling to stand up to "homicidal elements" in the military most responsible for the conflict.

Nor was the international community willing to show leadership. "Australian diplomacy has been especially insipid in this regard," the book says.

Professor Braithwaite said Australian diplomats seemed unwilling to confront the potential disaster on Australia's doorstep. "It's terribly depressing that Australian diplomacy has been so feeble," he said.

There was, however, pressure from sections of the US Congress, leading to the prospect of President Barack Obama raising the issue when he visits Jakarta in June. "This is a great opportunity for Obama and Yudhoyono to do great things together," Professor Braithwaite said.

Human rights/law

Kopassus chief asks public to forget its dark past at anniversary

Jakarta Globe - April 16, 2010

Markus Junianto Sihaloho & Nurfika Osman – Amid human rights activists' demands for it to face justice, the Army's elite force marked its 58th anniversary on Friday by calling for the public to forget about the litany of its past alleged atrocities.

Speaking to journalists after the anniversary celebration in Jakarta, Maj. Gen. Lodewijk Paulus said the allegations of past rights violations were a "psychological burden."

He added that the public should "no longer associate" the force, which is known as Kopassus, with historical atrocities. "Honestly, it has become a problem and people just keep harping on them," he said. "It's not fair."

Papang Hidayat, head of research and development at the Commission for Missing Persons and Victims of Violence (Kontras), lambasted the unit's attitude toward the alleged crimes and said it would never be viewed differently unless it adequately addressed the allegations.

"We still question the credibility of Kopassus, as the unit has never been subjected to real justice," he told the Jakarta Globe.

Kopassus is accused of being behind the disappearance of 13 activists during the turbulent years leading to the downfall of Suharto.

Papang said the unit's attempt to ignore the allegations of human rights abuses would only result in a vicious spiral of new officers inheriting and passing on the burden of being associated with them. "It will burden future generations and become an albatross for Kopassus, unless proper justice is served," Papang said.

Lodewijk claimed the unit was undergoing a thorough reform, with officers alleged to have committed rights violations now subject to a military tribunal and a civilian prosecution. However, the policy is not retroactive, so past violators are not affected.

Lodewijk said the unit had hired a trainer from Norway to instruct its officers on human rights and how to treat combatants and non-combatants, but did not say exactly how the force would address past violations.

"It'll be very useful for us, particularly during conflicts," he said. "We're committed to increasing our professionalism, solidity and readiness ahead of any threat."

The entire Kopassus unit is banned from receiving US military education or training, following allegations of its involvement in a number of atrocities. The United States says it will only lift the ban if the government prosecutes the officers allegedly involved in past abuses.

The Human Rights Watch has also said Kopassus officials had not been held responsible for human rights abuses during the 24 years that Indonesia occupied East Timor, including the 1992 Santa Cruz massacre.

In his remarks during the ceremony, Army Chief Gen. George Toisutta said Kopassus had always been a key component of the military and played a crucial role in defending the country's sovereignty.

But he also said the changing times had brought new challenges and threats. "So keep up your good performance," he said. "Only through good training can you maintain and even improve your skills as an elite force."

Toisutta did not address the allegations of rights violations.

Judicial review could lead to retrial of Muchdi in Munir case

Jakarta Post - April 16, 2010

Jakarta – The ongoing Judicial Commission examination team review of the Munir assassination case trial of former National Intelligence Body deputy Muchdi Purwopranjono indicates the judges may have violated the judicial code of conduct, thus rendering their acquittal verdict void.

"The original verdict didn't include the testimony of two key witnesses, Budi Santoso and As'ad," said Achmad Dardiri, of the Judicial Commission expert staff, at the National Commission of Human Rights office in Jakarta on Friday.

If the Judicial Commission rules that the judges were found to be delinquent in their ruling, Muchdi Purwopranjono can face trial again on charges of complicity in the September 2004 death of human rights defender Munir S. Thalib.

Dardiri explained that judges must follow the legal procedures stipulated in the Criminal Law Procedure Code (KUHAP); otherwise their verdicts would be classified as unqualified. "The heaviest sanction for judges making unqualified verdicts is permanent discharge," Dardiri said.

Muchdi Purwopranjono was acquitted of the murder of Munir on Dec. 31, 2008. Another defendant, Pollycarpus Priyanto, was convicted of the killing and is serving a 20-year jail term.

Death toll from 1984 massacre at Tanjung Priok still uncertain

Jakarta Globe - April 15, 2010

Ulma Haryanto – The area where the violence took place on Wednesday was also the site of massive human rights violations on Sept. 12, 1984, when troops shot into a mob of Muslim protesters, leaving a still-unknown number of people dead.

Taking place at the height of the iron-fisted rule of authoritarian former President Suharto, the protest was sparked by a sermon at a small mosque, As Saadah. At a time when sermons at mosques were routinely monitored, local cleric Abdul Qodir Jaelani spoke against the Pancasila state ideology that the government wanted adopted by all mass organizations. Although recognizing the existence of "one God," the ideology gave equal footing to all religions.

The fiery sermon followed an incident at the mosque two days earlier, when a reportedly non-Muslim army sergeant entered the mosque without bothering to take off his shoes and confiscated what he said were "incendiary" pamphlets. Angry local residents burned his motorcycle. The military reacted quickly, arresting four of the mosque's caretakers.

The evening following the sermon, hundreds of Muslims marched to the local district military command demanding the release of the four caretakers. The mob quickly swelled on the way, reaching the thousands.

Their request was ignored, and at around 11 p.m. they surrounded the military station. Soldiers suddenly began to fire on the crowd.

The precise number of fatalities has never been known but various estimates have put the death toll in the hundreds. The leaders of the protest were arrested and brought to courts, which sentenced them to long terms in prison on charges of subversion.

According to a report by the Commission for Missing Persons and Victims of Violence (Kontras), the National Commission on Human Rights (Komnas HAM) investigated the incident in 1998, after the fall of Suharto's New Order. In 2004, Maj. Gen. RA Butar Butar was sentenced to 10 years in prison and Capt. Sutrisno Mascung to three years for their roles in the so-called Tanjung Priok massacre. Others accused received lesser sentences.

One year later, a judge released Butar Butar and Sutrisno, and finally the Supreme Court released all defendants on appeal. Subsequent attempts by victims' families to seek compensation have yielded no results.

Indonesia activist abused after tax fraud comments

Tempo Interactive - April 9, 2010

Eko Ari Wibowo/Joniansyah, Jakarta – Indonesian NGO activist monitoring police performance reported on Friday (9/4) abuse sent at his private residence following series of telephone threats, which came after his sharp comments against the police force amid continuous legal scandals that involved the police.

Johnson Panjaitan one of Indonesia Police Watch advisor said his house had been attacked with animal manure early on Friday, prompting his wife to file report with the police.

"Maybe it was because of my statements on TV," Johnson said at the office of a local rights group, Imparsial. He further said that terror calls had came prior to the attack and that some of his neighbors said people had came seeking information about him and his residence.

Another pro-democracy group, Setara said the incident stressed the need for legal instruments to protect human rights activism. Member of the group, Hendardi said the terror should not deter human rights activists from launching thir criticism, but on the contrary should reinforce their campaign.

The National Police has been in constant tremor for the past six months due to series of crime offenses that implicated its personnel, from the assassination that involve former anti-graft boss Antasari Azhar, conspiracy against the Corruption Eradication Commission, Bank Century bail out scandal, and the latest tax fraud case, which have failed so far to topple General Bambang Hendarso Danuri.

Rights group: 80 percent of detainees tortured

Jakarta Post - April 9, 2010

Jakarta – A survey conducted by the Indonesian Legal Aid Institute Foundation (YBHI) recently found that about 80 percent of detainees in the country suffered from acts of violence under police investigation.

"Based on our survey, about 70 to 80 percent of detainees suffered from violence while under police detention," YLBHI chairman Patra M Zen said on Friday.

He said marginalized groups who did not understand the law and did not obtain proper legal aid were prone to the act of violence.

Therefore, he suggested that the bill on legal aid, which was being deliberated at the House of Representatives, accommodate legal aid for poor people.

The rights group also asked the President to allocate funds and facilities for legal aid and consultation at all state detention houses and penitentiaries.

Labour/migrant workers

Indonesian workers send home Rp 100 trillion

Jakarta Post - April 9, 2010

Wasti Atmodjo, Denpasar – Indonesian migrant workers overseas sent Rp 100 trillion in remittances to their families in their hometowns in 2009, data shows.

The head of the National Agency for Placement and Protection of Indonesian Migrant Workers (BNP2TKI), Moh. Jumhur Hidayat, said Bank Indonesia recorded money transfers of Rp 82 trillion in 2009.

"This amount excludes cash the workers brought during holidays," Hidayat said on the sidelines of an Indonesia-Malaysia migrant worker meeting in Kuta on Wednesday.

The agency's data showed that 4.3 million overseas Indonesians worked in the manufacturing, healthcare and hospitality sectors throughout Asia. They also work in households and agriculture.

The agency estimated that 1.3 million illegal Indonesia migrant workers also worked in these countries.

Hidayat said Indonesian migrant workers received salaries ranging from Rp 5 million to Rp 25 million per month.

In early 2010, Indonesia will send 300,000 workers to a number of countries including 200,000 to Malaysia.

Representatives from the two countries and 57 large-scale companies attended the third meeting between Indonesia and Malaysia on migrant workers.

"Every company here needs at least 500 skilled Indonesian workers. We have to tap this golden opportunity to send skilled people," Hidayat added.

Indonesian Deputy Ambassador to Malaysia Tatang B. Razak said there were 1.1 million Indonesian workers in Malaysia. Around 800,000 of them are employed in the formal sector.

"Malaysia enforces a policy of one foreign worker for every local one. In reality, Malaysia has limited manpower," Razak said.

However, he said, Indonesia must improve the quality and skill of its migrant workers to compete in the global employment market.

Malaysia employs 2 million migrant workers, mostly Indonesian. The rest come mostly from Nepal, India and Vietnam.

Environment/natural disasters

'Graft at work' in Lapindo mudflow probe

Jakarta Globe - April 15, 2010

Fidelis E. Satriastanti – The Indonesian Forum for the Environment has handed over to the antigraft commission further evidence that it claims points to corruption in the handling of the Sidoarjo mudflow disaster.

In December, the environmental group, known as Walhi, submitted its preliminary findings to the Corruption Eradication Commission (KPK) indicating possible graft in the dropping of a probe into PT Lapindo Brantas, which is widely believed to have caused the disaster, and in the appropriation of relief funds from the state budget.

In March 2006, mud began spewing from a fissure near a gas drilling well operated by Lapindo, a company under the umbrella of the Bakrie group, controlled by the family of then Coordinating Minister for People's Welfare Aburizal Bakrie. The ensuing mudflow inundated hundreds of hectares of land, leaving thousands of people homeless.

"We want to ask the KPK about its follow-up progress on our first report and also to present three new pieces of evidence that indicate something amiss in the police's decision to drop the case," Walhi's mining campaign manager Pius Ginting said on Thursday.

The East Java Police halted its probe into the case in August, citing a lack of witnesses to confirm any link between the mudflow and drilling activities at Lapindo's Banjar Pandji I well.

Pius said what was irregular about the investigation was the amount of time police and prosecutors spent bouncing the case dossier back and forth between them, the absence of a police site survey as mandated by the Attorney General's Office and the citing of previous cases in Lapindo's favor as precedents for dropping the probe.

In 2008, the South Jakarta District Court rejected Walhi's claims that Lapindo was guilty of causing environmental damage in Sidoarjo.

"The reasons given for dropping the case were too weak," Pius said. "Their first reason was that the dossier had gone back and forth four times between police and prosecutors. There's no limit to how many times a dossier can go back and forth. It's just standard procedure. They should have been more serious because the incident caused the country Rp 5 trillion in losses and caused 300,000 families to lose their homes."

He added that the police's citing of previous cases filed and lost by environmental groups against Lapindo as precedents was "too weird."

"At the time, we had filed a civil suit, which only requires formal proof," he said. "But the case handled by the police was based on criminal charges, which requires material proof obtainable only from institutions with higher security clearance, such as the KPK and the police. As an NGO, we don't have the access or the equipment to delve deeper, but they can."

Pius said the slew of irregularities indicated a case broker at work. "We are convinced there was a case broker and corruption involved in the issuance of the government order to drop the case against Lapindo," he said.

KPK spokesman Johan Budi said the commission was not authorized to probe the police's decision to drop a given case.

"We don't deal with law enforcement procedures," he said. "It's not within the KPK's jurisdiction to check whether the decision to drop the case was valid. But if they can show proof that one party gave money to another, then we can step in."

[Additional reporting by Antara.]

SBY's new strategy on illegal logging an improvement - activists

Jakarta Globe - April 14, 2010

Fidelis E. Satriastanti – After deriding President Susilo Bambang Yudhoyono's call to go after the "mafia" involved in illegal logging last week, some environmentalists are now applauding his decision to assign the Judicial Mafia Eradication Task Force to help tackle the issue by targeting legal system flaws that block convictions.

"Illegal logging is a serious crime, meaning that it's an organized crime," said Rhino Subagyo, executive director of the Indonesian Center for Environmental Law. "It has very complex elements, including corruption, money laundering and environmental disasters. It cannot be handled just by one institution, like the KPK [Corruption Eradication Commission], because they are only equipped to deal with corruption issues."

In 2005, Yudhoyono issued a presidential instruction involving 12 ministries, the Attorney General's Office, National Police, Army, State Intelligence Agency (BIN), governors and district heads. The instruction was meant to herald the start of a concerted campaign against illegal logging, but resulted in few convictions among hundreds of cases.

Critics took his April 7 announcement as a sign that his previous efforts to halt illegal logging had been a complete failure

"There's nothing wrong with the instruction as it had a good purpose: To ensure his subordinates coordinated with each other to make sure the massive policy movement supported the action. But its implementation turned out to have little effect because too many conflicts of interest between sectors and ministries caused them to only halfheartedly [execute the instruction]," Rhino said.

One of the most visible examples of lack of coordination and conflict of interest, Rhino said, was when the police closed active investigations into 13 major pulp and paper companies in Riau that were allegedly committing serious violations. "That is a blatant example of a dispute between the forestry ministry and police," Rhino said.

Indonesia currently has about 10 percent of the world's remaining rainforests, but officials estimate the country has lost over 10 million hectares to illegal logging. Indonesia Corruption Watch estimates state losses from the practice could be as high as Rp 30 trillion ($3.33 billion).

Hariadi Kartodiharjo, a forestry expert at the Bogor Institute of Agriculture, said the missing link in addressing illegal logging lies in the justice system, where the Ministry of Forestry rarely wins cases.

"We already have the institutions who are in charge, but they don't effectively work because there's something wrong in the legal process, including at regional levels," Hariadi said, adding that the country's legal system has not revised its burden of proof requirements for environmental and forestry cases, making it difficult to obtain convictions against large-scale illegal logging enterprises.

"Illegal logging cases are treated like regular criminal acts, where they require eyewitnesses to really see that someone chopped down the trees. It's obvious that there is a gap [in the law] between everyday rationality and legal rationality. You can't eradicate illegal logging within the conventional system," he said.

However, Hariadi said, the task force should not busy itself with policy matters, which are supposed to be the domain of the government, including permit issues, but should rather focus on aggressively targeting illegal logging's major players.

"Just use intelligence data and information and aim at one big target, whether in Sumatra, Papua or Kalimantan, because many players in illegal logging are actually the [legitimate companies], considering that it's actually an expensive business that only those with lots of money are able to join in," he said.

Mas Achmad Santosa, a member of the anti-mafia task force, said the team was assigned to fight organized criminals operating in the forestry sector, meaning that they will be working in the context of legal enforcement.

"We will be there to help ministries to deal with the 'bottleneck' concerning plenty of failed illegal logging cases as a result of the legal process. Our job is to seize on any indications that those failures are being caused by case brokers," Mas said.

Government regulation to allow businesses in peatlands

Jakarta Post - April 15, 2010

Adianto P. Simamora, Jakarta – The government is drafting a regulation on peatland protection that would allow businesses to utilize the areas despite mounting calls for a moratorium to conserve the areas to prevent the release of emissions.

Article 16 of the draft regulation stipulates peatland areas could be used for at least 10 purposes including, pastures, plantations, fisheries, residential, mining and transmigration areas.

It says any people operating businesses in peatland areas should manage a minimum water level to prevent fires that would lead to the huge release of emissions into the atmosphere.

"The regulation aims to minimize damage to peatland ecosystems," Masnellyarti Hilman, deputy minister for environmental damage control at the Environment Ministry told reporters on Wednesday. "It would be wrong if we were prohibited to utilize peatland."

The draft, which has been submitted to the ministry's legal and human rights affairs, says peat domes with thickness of more than 3 meters would be categorized as protected areas and would be restricted.

It also stipulates that businesspeople should set aside 30 percent of its peatland area to be restored.

Currently, the government has no specific regulation on peatlands, which are believed to contain huge stocks of greenhouse gas.

The ministry predicted Indonesia has 30 million hectares of peatland mostly in Sumatra, Papua and Kalimantan.

A number of plantations currently operate on peatland.

A study by the the National Development Planning Agency (Bappenas) last year recommended a moratorium on peatland conversion to meet pledged emissions cuts to tackle climate change.

Bappenas predicted damaged peatlands contributed to about 1 billion tons of the carbon dioxide (CO2) emissions per year, half of the country's total emissions.

Indonesia has pledged to cut emissions by 26 percent by 2020 to help slow the effects of climate change. Activists said opening peatlands risked the release of huge amounts of CO2 into the atmosphere.

Wetlands International asked the government to review the draft on fears it would only encourage people to open business on peatland.

"It is not in line with the government's commitment to cut emissions," I Nyoman Suriyadiputra from Wetlands International said.

A study from Wetlands said that Kalimantan, with 5.8 million hectares of peatland could store some 40 gigatons of CO2.

It said that Central Kalimantan alone, with 3 million hectares of peatland in Kapuas, Ketingan and Kahayan Hilir regencies, has the capacity to store 22 gigatons of emissions.

"One effective way to reduce emissions in Central Kalimantan is by blocking canals to prevent fires," he said.

The Greenpeace earlier protested the destruction of peatlands in Riau, which they say stored around 2 gigatons of carbon, with peat layers of more than 15 meters.

Pollution deprives them, eviction plan makes it worse

Jakarta Post - April 15, 2010

Irawaty Wardany, Jakarta – Hundreds of fishermen in Marunda, Cilincing, North Jakarta, are facing doubtful job prospects.

They can no longer rely on their skills as heavy pollution at Jakarta Bay has been said to make it hard to catch fish for a living.

Along with possibly losing a reliable source of income, they are facing the threat of losing their homes since the city administration has said it plans to clear the coastal area where the squatters have been living for years to make way for other industries.

"Several months ago, we could not fish due to heavy pollution of the water," fisherman Ngkim told The Jakarta Post on Tuesday. The 50-year-old Ngkim said he did not know where the pollution came from. He only knew that the pollution prevented him from catching fish.

Jakarta Bay, where 13 rivers dissect, has long been known as a dump site for the city as people throw out household trash into rivers. Many industrial plants have also been reportedly dumping their unprocessed and toxic waste into rivers. Ismail, another squatter, said many of his neighbors gave up their fisherman jobs and turned to informal jobs.

"Heavy pollution has significantly reduced our income. Many of us are now plant workers or have opened small cigarette stalls," said the 49-year-old former fisherman, who worked for one year at a shipping company nearby and is now an ojek (motorcycle taxi) driver.

Pollution is not the only behemoth that impacts one fishermen as the administration plans to transform the area into a logistics hub under the US$2 billion Special Economic Zone project. Deputy Governor Prijanto said earlier his administration would employ local residents as workers in the project.

Ngkim said he had no idea on how he would earn money for his family if he was evicted from the area because the only skill he possessed was fishing.

"Even though the administration said it would employ locals, what can I do? I am illiterate and I am getting older," said the father of six. "I don't think there will be positions for [unskilled] people like me."

Greenpeace protest camp destroyed in suspicious fire

Jakarta Globe - April 11, 2010

Budi Otmansyah, Pekanbaru (Riau) – Arson could be behind the razing on Sunday morning of a camp set up by Greenpeace in the middle of the Kampar peninsula to help protect against deforestation, the camp's caretaker said.

"The camp burned down early in the morning [on Sunday]. We could see the fire and smoke from across the river," said Syamsudin, a 67-year-old resident of Teluk Meranti village who serves as the caretaker of the camp.

"I and other villagers went to that camp and tried to put out the fire but without success. Instead it just kept getting bigger and uncontrollable, causing main building and musholla to completely burn down," he said, adding that the fire lasted for around one hour.

The 20- by 50-meter Climate Defenders Camp was established in October in Teluk Meranti village, Pelalawan district on the Kampar peninsula, which environmental groups say is threatened by massive exploitation of peat bogs.

In November, Greenpeace handed over the camp, made with coconut trees and dried leaves, to local people to manage.

Syamsudin said he had not seen anything suspicious when he left the camp on Saturday night.

"I usually sleep in the camp but last night I had to tend to a sick family member. I remember that I left the camp in a clean and neat condition. Even the Greenpeace banner in front of the camp's entrance was placed nicely," he said.

"However, when the camp was on fire I noticed that the camp had already been torn apart. The Greenpeace banner had already been ripped all over."

He said he suspected arson behind the fire. "There are people, villagers, who favor the companies, who have been staking out the camp over the past few days," he said.

The camp served as a base for protests against deforestation in the district by forestry companies that activists say flout national conservation laws.

Demonstrators have specifically targeted Asia Pulp and Paper, a Sinar Mas subsidiary that Greenpeace has accused of being responsible for clearing away an immense amount of forest land over the last three decades, and Singapore-based Asia Pacific Resources International Holdings Limited (APRIL), the world's largest pulp and paper producer, which has been granted a huge concession covering most of Kampar's 400,000 hectares.

Greenpeace staged two controversial protests in the area, one of which involved activists chaining themselves to excavators owned by APRIL, which led to the deportation of their foreign members and the arrest of Indonesian activists.

Zulfahmi, forest campaigner for Greenpeace South East Asia, said the group would leave the investigation into the fire in the hands of the police and urged legal action if the investigation revealed that the camp was deliberately burned.

"If there is evidence that it had been set on purpose, we want the police to investigate that," Zulfahmi said.

However, Pelalawan police chief Ari Rahman Nafarin said his office had not received any complaints about the fire.

"I haven't heard about it. There was no report from Greenpeace," Ari said. "If there's any official complaint then we will go through with an investigation. At the moment, we'll still need to check the site that was reportedly burned," he said.

Sinar Mas should prove all plantations sustainable: Activists

Jakarta Post - April 12, 2010

Adianto P. Simamora and Evi Mariani, Jakarta – Activists have called the steps a palm plantation giant was taking to clear itself of Greenpeace Indonesia's accusations that it destroyed protected rainforests insufficient.

By looking only into the plantations highlighted in Greenpeace's report, and not all of its plantations, PT Sinar Mas Agro Resources and Technology's (SMART) actions will not halt deforestation, Greenpeace campaigner Bustar Maitar said over the weekend.

Last week, SMART announced it had hired two independent consultants, Control Union Certification (CUC) of the Netherlands and the British Standards Institute Group (BSI) to verify the allegations.

The issue emerged after Greenpeace released photographs to the international community of Sinar Mas clearing rainforests in protected areas. It also released a video linking destruction of orangutan habitats in the forests with the palm plantation and Swiss food giant Nestle, which buys palm oil from Indonesia, among other from SMART plantations. Consequently, Nestle and a number of other buyers including Unilever have suspended future purchases of crude palm oil from SMART.

"What they're doing is inspecting only two sites mentioned in our reports," Bustar said. He added that Sinar Mas was never transparent about the size of its palm plantation concessions, leading to suspicion from Greenpeace that what they had uncovered might be only the tip of the iceberg.

"First they need to be open about their concession, then they need to prove that none of their plantations are displacing forests," he said.

Palm plantations have been the target of criticism from social and environmental groups at home and abroad due to problematic practices such as converting rainforests and peatland and alleged poor labor conditions.

Recently, a coalition of activists renewed calls for the government to ban any further expansion of oil palm plantations, including in border areas with Malaysia.

Ari Munir from the Network for Participatory Mapping (JKPP) said that about 500,000 hectares of plantations in border areas in Kalimantan harmed forests and peatland. "The government has never taken any action to punish companies," he said Tuesday.

Activists from Greenpeace Indonesia, the Indonesian Forum for the Environment (Walhi), Forest Watch Indonesia (FWI) and the Alliance of Archipelagic Indigenous People (AMAN) have repeatedly issued similar calls for a moratorium on oil palm plantation expansion.

"We will continue with our campaign to press the government to impose a moratorium until the authorities start taking action," Walhi climate campaigner Teguh Surya said.

Greenpeace earlier sent a letter to President Susilo Bambang Yudhoyono asking the government to withdraw the 2009 decree allowing plantations to convert peatland with a depth of less than 3 meters.

The National Development Planning Agency (Bappenas) in its study recommended a moratorium on peatland conversion to meet Indonesia's pledged emission cuts to tackle climate change.

It says peatland conversion contributed 1 billion tons to carbon dioxide emissions per year, half of the country's total emissions.

The Association of Indonesian Palm Oil Producers (Gapki) accused the foreign environmental groups of continuing campaigns against the country's production of crude palm oil by using green issues to hamper exports.

Gapki executive director Fadhil Hasan claimed that most of the 7.3 million hectares occupied by palm oil plantations were located in conversion forests allocated by the government.

Fadhil added that only 300,000 hectares of palm oil plantations were in peatland area. Gapki represents 250 palm oil producers.

Quit stalling, enforce the law: Greenpeace

Jakarta Post - April 9, 2010

Adianto P. Simamora, Jakarta – Greenpeace Indonesia staged a rally at the Environment Ministry on Thursday, demanding Environment Minister Gusti Muhammad Hatta speed up law enforcement against violators to avoid further environmental damage.

Greenpeace also handed over evidence on environmental violations by palm oil plantations and pulp and paper companies, which they said damaged forests in Kalimantan, Sumatra and Papua.

"We hope the ministry accelerates the implementation of the environment law to improve the country's environmental condition," Greenpeace Southeast Asia forest political campaigner Yuyun Indradi said.

It was the first rally held at the ministry since Gusti took office last year. Gusti had left the ministry an hour before the Greenpeace rally, saying he had to accompany Vice President Boediono.

The 2009 Environment Law gives strong mandates to the ministry, including arresting violators of the law, in order to protect the environment. But the law remains ineffective with no government regulations issued to implement it.

Greenpeace has called on the government to impose a moratorium on palm oil expansion to protect forests and to meet the government's target to cut carbon emissions by 26 percent by 2020.

"As a start, the ministry, together with President Susilo Bambang Yudhoyono, must instigate an immediate moratorium on deforestation and mandate the full protection of peatland," Yuyun said.

Greenpeace handed over documents allegedly showing how peatland in Kampar, Riau, was drained for business purposes. "Such practice is not in line with the government's commitment to cut emissions," he said.

Activists from the Indonesian Forum for the Environment (Walhi) and Mining Advocacy Network (Jatam) have repeatedly criticized the ministry for dragging its feet on law enforcement.

Gusti acknowledged the poor environmental record and the destruction of forests including in Kalimantan, Java and Sumatra.

In Kalimantan, the ministry uncovered small-scale mining companies operating without permits. However, none of the companies have been charged.

The environment law stipulates that anyone violating standards of waste water, emissions and noise levels could face a maximum sentence of three years in prison and Rp 3 billion in fines. The law also requires businesses to secure environmental permits before they can get a business license.

The Energy and Mineral Resources Ministry and oil and gas lobby groups have requested a two-year delay in the implementation of the law, saying tightened standards for emissions and waste water levels would hurt oil and gas production.

NGOs collect logging data for SBY's taskforce

Jakarta Post - April 9, 2010

Adianto P. Simamora, Jakarta – Several environmental NGOs met Thursday to compile data on illegal logging activities at the request of the President, who has ordered sterner action against the environmental threat.

The NGOs included Greenpeace Indonesia, WWF Indonesia, Forest Watch Indonesia, Sawit Watch Indonesia, Conservation International, Tropenbos Indonesia, the Nature Conservancy and the Center for International Forestry Research.

"We asked them to supply data on illegal logging. This will be a good chance for the activists to help the government battle illegal logging," Agus Purnomo, special assistant on climate change to President Susilo Bambang Yudhoyono, told The Jakarta Post on Thursday.

Agus said he would compile a list of measures to combat illegal logging and hand it to Yudhoyono when the President returned home from his trip to Vietnam.

President Yudhoyono ordered the presidential taskforce against judiciary corruption to launch an investigation into illegal logging syndicates before he left on his visit to Vietnam for the ASEAN Summit, which will discuss climate change issues.

The President said illegal logging was still rampant due to corruption within the forestry sector.

Indonesia, the world's third-largest forest nation, home to about 120 million hectares of rainforest, has never passed a special law on illegal logging.

In 2005, the President issued an instruction tasking 18 departments under the Coordinating Political, Legal and Security Affairs Ministry to combat illegal logging.

A working group was then set up to monitor and evaluate illegal logging, but it has yet to publicly announce the names of any major perpetrators. The Forestry Ministry has repeatedly claimed the number of illegal logging cases has dropped since former minister M.S. Kaban left office.

Forestry Minister Zulkifli Hasan said his office had set a target of reducing illegal logging cases to 12 or less per year. The latest data shows 700 cases were reported in 2008.

The ministry predicted the country suffers financial losses of at least Rp 30 trillion (US$3 billion) per year due to the crime.

US-based Human Rights Watch said Indonesia had suffered $2 billion in potential tax losses between 2003 and 2006 due to illegal logging Indonesia Corruption Watch together with other activists from Walhi and Sawit Watch Indonesia earlier asked the Corruption Eradication Commission to investigate corruption in the forestry industry.

Environment Minister Gusti Muhammad Hatta agreed illegal logging remained rife in the country, adding that some forest concession holders were allegedly involved in illegal logging activities.

"Before taking office, I found a number of concessionaires conducting illegal logging on their own land. They cut down big trees even though this violated their annual working plan," he said.

He said concessionaires were allowed to cut down a maximum of 80 percent of trees in their concession areas.

The 2009 Environmental Law invests the Environment Ministry with the power to revoke business permits for companies seen to be damaging the environment.

Executive director of Greenomics Indonesia, Elfian Effendi, said that Yudhoyono's recent order to tackle illegal logging proved that the 2005 presidential instruction had accomplished little in the last five years.

Women & gender

Website for women in politics launched in Indonesia

Jakarta Post - April 16, 2010

Jakarta – The International Knowledge Network of Women in Politics (iKNOW Politics) launched its website, iknowpolitics.org, in Indonesia on Thursday to provide a forum for women to learn about politics from other countries' experiences.

Creators said the website aimed to increase the participation and effectiveness of women in political life by stimulating dialogue, creating knowledge and sharing experiences.

The website, available in English, Arabic, Spanish and French, provides free content such as a library with 3,000 academic papers, news reports, discussion forums and consultation with women political experts.

The content of the website is contributed by members, experts and five partner organizations: the International Institute for Democracy and Electoral Assistance, the Inter-Parliamentary Union, the National Democratic Institute, the United Nations Development Program and the United Nations Development Fund for Women.

iKNOW Politics regional coordinator Tristanti Mitayani said the website was the place for women around the world to share their political experiences and look for knowledge and information.

"The website offers women a place to learn about politics without a classroom," she said, adding that the website would be useful for women who were committed to starting in politics, but who did not have sufficient information about politics and political campaigns.

She added that they could consult with experts or other women around the globe about these things in the website's discussion forums.

"I wish the website had been around when I was still involved in politics," National Mandate Party (PAN) and former House of Representatives member Tristanti said.

She added that the ultimate constraint for women in the legislature was the stereotype that women were incapable of taking part in politics because the place for women was at home.

Women's Empowerment and Child Protection Minister Linda Amalia Sari said that sources of information such as the website were important, but that the most important thing to do was to improve women's capability to utilize information technology.

"There are many women in remote areas with no access to sources of knowledge and information such as the Internet," she said, adding that the government, community and private sectors should work together to provide that access.

Linda said the government should also work with NGOs to train women on gender-related issues to improve their political awareness and participation.

"A real democracy will be achieved when there is equal involvement from both men and women in politics," she said.

She emphasized that more women needed to enter the legislature to advocate effectively on issues related to gender equality. (rdf)

Refugees/asylum seekers

Indonesia praises Kevin Rudd's new asylum-seeker policy

Agence France Presse - April 12, 2010

Indonesia says Australia's decision to stop processing asylum seekers from Afghanistan and Sri Lanka will be "positive" for the region's fight against trafficking.

Foreign ministry spokesman Teuku Faizasyah said the tough new policy, which has been condemned by rights watchdogs and refugee supporters, would have a direct impact on the movement of undocumented migrants around Southeast Asia.

"It will have a positive impact on the region, not just one particular country... it could be Indonesia, Malaysia or Thailand," he told AFP, referring to other countries with entrenched people trafficking syndicates.

"This is definitely a clear message to those who try to smuggle migrants, that they are only offering false hopes because there's nothing visible on the horizon," he said.

"For the network of smugglers, they will now have to think twice about sending migrants to Australia."

Critics have called Australia's move last week a knee-jerk reaction to political pressure over border security ahead of elections, but Faizasyah said Canberra gave it a lot of thought.

"What Australia has done is a process of evaluation and discussion. They must have gone through discussions and a period of thinking this through," he said, adding that the full impact would not be felt for "weeks or months".

He refused to speculate on how the hundreds of Afghan and Sri Lankan migrants in Indonesian detention centres would react to the news that they had no chance of being accepted as refugees in Australia.

In the most high-profile case, about 200 ethnic Tamil Sri Lankans who were intercepted on their way to Australia in a boat in October are refusing to leave a Javanese port until they are allowed to resettle in Australia.

Health & education

Maternal health targets hard to accomplish

Jakarta Post - April 14, 2010

Jakarta – To achieve improved maternal health, in pursuit of the Millennium Development Goals (MDGs) involves overcoming several hurdles, with the maternal mortality rate still at 2.28 per 1,000 live births.

The National Development Planning Agency aims at 1.02 per 1,000 by 2015.

Nina Sardjunani, National Development Planning Agency deputy minister for human resources and cultural affairs, said that this fifth objective as part of the MDG cluster of social objectives could not be achieved by 2015.

"The target to reduce maternal mortality rates by three-quarters between 1990 and 2015 is off track," she said on Monday during a public discussion on MDGs in Jakarta.

The high maternal mortality rate in Indonesia is caused by several factors, including the fact that delivery is not always handled by professional health workers.

"There are no professional health workers, such as doctors and midwives, in remote areas," she said.

Although data indicates that the percentage of births attended by professional health workers increased from 38 percent in 1992 to 74 percent in 2008, the situation remains far from ideal.

"Filling this gap is to be addressed by giving more attention to providing professional human resources," Nina said.

Another problem causing the much higher rate of maternal mortality in Indonesia, as compared to its neighbors Malaysia and Singapore, is gender inequality.

Minister of Women's Empowerment and Child Protection, Linda Amalia, said that women were not the decision makers in matters of maternal health.

"Normally, they wait for their husbands or parents' decisions," she said.

She cited the example that most wives would not dare go to the midwife for delivery without being accompanied by their husbands. "The wife will wait for the husband who is working in the field and this could cause the death of the wife."

Other factors cited as causing the high maternal mortality are lack of transportation, lack of easy access to proper facilities, giving birth too often or at too young an age, and the patriarchal attitudes entrenched in the culture.

Nina Sardjunani also explained several strategies to accelerate the achievement of the MDG goals for maternal health, such as providing obstetrics health workers and increasing the role of the Integrated Service Posts in improving the health of mothers and children. (map)

Bank Century inquiry

Lawmakers urged to be patient over Century case

Jakarta Globe - April 15, 2010

Armando Siahaan & Markus Junianto Sihaloho – The House of Representatives should let law enforcement agencies do their job first before using its so-called right to express an opinion, seen as a first step toward impeaching Vice President Boediono, on the Bank Century bailout investigation, a lawmaker and an analyst said on Wednesday.

On Tuesday, five lawmakers from different factions initiated a move to use the House's right to voice an opinion in an apparent effort to impeach Boediono for his decision to approve the state-funded bailout when he was central bank governor in 2008.

However, Deputy Speaker Priyo Budi Santoso, a member of the Golkar Party, said lawmakers should wait for the conclusion of investigations into the Century bailout, as was recommended by the full House last month.

"Although I'm not forbidding any lawmakers from using their right, for now, I think we should give the government time to follow up our recommendations on the case," Priyo said. He said the right to express an opinion was a tool that may used only in emergency situations.

"When we feel that the government is not doing anything in following up our recommendations, then we may use the right," he said.

Arya Fernandes, a political analyst for consulting firm Charta Politika, said the lawmakers should give the Corruption Eradication Commission (KPK) more time because there was no indication that the antigraft body was moving slowly in its investigation of the bailout.

On Tuesday, KPK spokesman Johan Budi said the commission would soon summon and question both Boediono and Finance Minister Sri Mulyani Indrawati.

Separately, Taufik Kiemas, the chairman of the People's Consultative Assembly (MPR), said that for now it would be better for lawmakers to channel their demands on the case through a monitoring team, an independent team established by the House.

Arya said such a team would enable the lawmakers to monitor the case while allowing the KPK to do its job free from political pressure. "It is important to show the public that the House is not trying to attack the government," he said. The call for the right implies that the case has switched from the legal to the political realm, he added.

However, Ari Dwipayana, a political analyst from Gadjah Mada University in Yogyakarta, said the lawmakers should push for the right to express their opinion because the KPK was already working under political pressure. He said that following the House vote on the Bank Century bailout, the president gave a speech that defended the bailout, which must have influenced the KPK.

"It is the constitutional right of the lawmakers," he said, adding that the lawmakers should push for both the establishment of a monitoring team and the right to express an opinion.

However, both Arya and Ari agreed that the realization of the right would be an uphill battle. "The party constellation has changed since the plenary vote. Political parties are no longer calling for the right to express an opinion," Ari said, adding that the current composition of the House made it nearly impossible for the right to be approved.

In order to use the right, the lawmakers would need to secure the signatures of 25 members for the request to be tabled at the plenary meeting. It would then need to be endorsed by a minimum of three-quarters of the total number of lawmakers present in a plenary session attended by a minimum of 75 percent of the total number of legislators.

The Democratic Party has 148 lawmakers, or more than one quarter of the House's 560 members. "If the Democrat faction decides to boycott the meeting, everything is over," Ari said.

Indonesian lawmakers scheme again to impeach vice-president

Jakarta Globe - April 14, 2010

As the Corruption Eradication Commission prepares to summon Vice President Boediono and Finance Minister Sri Mulyani Indrawati over the bailout of Bank Century, a group of lawmakers on Tuesday initiated what is likely to be a symbolic move to use the legislature's so-called right to express an opinion, the first step toward impeaching Boediono.

Johan Budi, the spokesman for the commission, also known as the KPK, said the body planned to question all officials from the Financial System Stability Committee (KSSK), including Sri Mulyani and Boediono, who at the time of the bailout was the governor of the central bank.

"We will soon conduct an inquiry on all officials of the KSSK and Bank Indonesia in connection with the Bank Century scandal," Johan said, adding that the KPK had yet to schedule Sri Mulyani's and Boediono's questioning.

Meanwhile, five of the nine lawmakers who initiated the House of Representatives inquiry into the Bank Century rescue late last year, and who have long sought to oust both the vice president and the finance minister, on Tuesday began gathering the 25 lawmaker signatures needed for the right to express and opinion initiative to be discussed at a House plenary session. As a presidential appointee, Sri Mulyani cannot be impeached.

Lawmakers have complained that the KPK was moving too slowly in the case. Neither Boediono nor Sri Mulynai have been charged with any crime linked to the bailout, and the dispute continues to be fiercely political.

Golkar Party lawmaker Bambang Soesatyo said the group had also filed a judicial review with the Constitutional Court over the law requiring that the right to opinion be backed by three- quarters of the number of lawmakers present in a plenary meeting, which must be attended by a minimum of three-quarters of the total sitting legislators. The regulation makes it almost impossible to realize a successful impeachment motion.

The Democratic Party has 148 lawmakers, more than a quarter of the House's 560 seats, and analysts say that is more than enough to scuttle any impeachment attempt at the plenary level. "We want the right to only need approval from two-thirds of lawmakers," Bambang said.

Bambang and at least two other initiators of the Century inquiry also slammed on Tuesday what they called the criminalization of their group, which the media has dubbed the Team of Nine.

Mukhamad Misbakhun, a Prosperous Justice Party (PKS) lawmaker who was behind the Century inquiry, said a National Police decision to name him a suspect for allegedly using a fictitious letter of credit to access Bank Century funds was a result of his criticism of the government during the House probe.

Another of the nine, Andi Rahmat, also of the PKS, said he had predicted government retaliation against the inquiry team. "I think this is not a good political culture for us," Andi said.

Meanwhile, House Speaker Marzuki Alie, a Democrat, said that the House Consultative Committee, the coordinating body among the House parties, will soon discuss setting up a special team to push law-enforcement agencies to follow up on it recommendations in the Century case.

Instigators of Century probe told to watch their backs

Jakarta Globe - April 11, 2010

Markus Junianto Sihaloho – The naming of Prosperous Justice Party lawmaker Mukhamad Misbakhun as a suspect is a warning to the eight other lawmakers who pressed for the House of Representatives' inquiry into the Bank Century bailout, a Democrat lawmaker said on Sunday.

"One of the team members is now a suspect. I'm afraid suspicion will fall on the other team members," Ruhut Sitompul said.

Misbakhun, who helped initiate the House probe that ruled the bailout illegal, has reportedly been named a suspect for allegedly using a fictitious letter of credit to access Bank Century funds.

"But please note that the naming [of Misbakhun as a suspect] is not revenge; it's law enforcement," Ruhut added, though he acknowledged that his party, the main defender of the controversial Rp 6.7 trillion ($743.7 million) bailout, stood to benefit most from this turn of events.

Officials of Misbakhun's party, known as PKS, could not be reached for comment on Sunday, but have previously said they would not interfere to protect him.

Speaking on condition of anonymity, a police source told the Jakarta Globe on Sunday that "Misbakhun was referred to as a suspect in the letter that had been sent to the president" last week.

The source was referring to a letter seeking President Susilo Bambang Yudhoyono's permission to summon Misbakhun as a suspect. According to the law, the police must seek the president's permission before summoning a legislator.

Ruhut said Yudhoyono would not reject the police request. "From the start, Pak SBY has stated that the police must investigate the case. And we all know that he has a strong commitment to anticorruption [efforts]," Ruhut said.

But a National Police spokesperson, Chief Comr. Zulkarnaen, said he had not yet received any information from the detectives handling the case regarding Misbakhun's status.

Misbakhun also appeared to be in the dark. "There has not been any official information given to me regarding my status," he said. "I have told the National Police everything. There is nothing fictitious about my letter of credit."

According to Century dossiers obtained by the Globe, the letter of credit was endorsed by Bank Century majority stakeholder Robert Tantular, who was later sentenced to five years in prison for banking crimes and defrauding Century customers.

The endorsement enabled PT Selalang Prima Internasional, which is majority-owned by Misbakhun, to obtain a $22.5 million credit on Nov. 19, 2007, to finance the import of plastic.

The credits were given even before any collateral was submitted to the bank. It was not until Nov. 27, 2007, that Misbakhun submitted a deposit of only $4.5 million as collateral.

A year after the deal, Misbakhun began defaulting on his debt because he said the import deal went sour after his business partner in the United States backed off due to the global financial crisis.

By this time, Bank Century had been taken over by the government and Rp 6.7 trillion in bailout funds injected.

Sri Mulyani boycott threats fizzle out

Jakarta Globe - April 10, 2010

Armando Siahaan – The threats had been long and loud, but in the end, they were all bark and no bite.

Finance Minister Sri Mulyani Indrawati presented the revised 2010 state budget to House of Representatives Commission XI on Friday as a threatened boycott by a handful of lawmakers still fuming over the 2008 Bank Century bailout failed to materialize.

Just weeks after an inconclusive and politicized probe into the bailout ended with President Susilo Bambang Yudhoyono affirming his support for Sri Mulyani and Vice President Boediono, the apparent targets of the House investigation, the best the defeated lawmakers could muster were three walkouts – none of them even members of Commission XI, which handles finance matters.

After the House probe ended, lawmakers from Golkar and other parties that pushed for her ouster from government threatened to ban Sri Mulyani from the House, a move that went nowhere after the president took responsibility himself for the Century bailout.

On Friday afternoon, Bambang Soesatyo of Golkar, Desmond Mahesa of the Great Indonesia Movement Party (Gerindra) and Erik Satrya Wardhana of the People's Conscience Party (Hanura) told the commission that Sri Mulyani, who is in charge of the budget, should not present it because the House special committee had found her responsible for the bailout.

Golkar's Harry Azhar Aziz, who chaired the hearing, dismissed the recommendation and allowed the finance minister to proceed. He said a budget hearing was not the place to debate Bank Century. In response, the three lawmakers, who had no role in the hearing, walked out.

The almost comical boycott seemed only to strengthen Sri Mulyani's position. She survived several weeks of the special committee probe, starting in December, by insisting that she and Boediono, the central bank governor at the time of the 2008 bailout, had approved the Rp 6.7 trillion ($743 million) lifeline for the ailing lender to save the banking system from collapse.

The respected technocrat is now presiding over a surging economy, a booming stock market, a strengthening currency and growing interest from foreign investors drawn to the country's political stability and vast domestic market.

Sri Mulyani seemed relieved that the threat of a boycott was over and the hearing went forward. "The most important thing is that the state budget has been discussed," she said, adding that the discussion was crucial to clarify and sharpen the government's macroeconomic assumptions to bring them up to date.

Viva Yoga Mauladi, a commission member from the National Mandate Party (PAN), said: "Legally speaking, we have to use the innocent-until-proven-guilty principle. Before there is a verdict from law enforcement, [Sri Mulyani] has the authority to represent the government in the hearing."

The House special committee had called on police and other agencies to carry out an investigation into the Century bailout. No charges have been filed against Sri Mulyani or Boediono.

Viva Yoga said the boycott effort should not be perceived even as an official stance of the parties involved, since other members did not join in. Yorrys Raweyai of Golkar told the commission that Bambang's recommendation did not represent the party's stance.

Bambang said Sri Mulyani's appearance "set a bad precedent," as the special committee had said the bailout was illegal.

Burhanuddin Muhtadi, an analyst with the Indonesian Survey Institute, said the walkout might be part of a broader Golkar strategy given its fraught relations with the Yudhoyono government despite being an ostensible member of the ruling coalition.

By joining the hearing but also trying to embarrass Sri Mulyani, "Golkar is playing a game of two-faced politics," Burhanuddin said. "There will be more of this in the future."

[Additional reporting by Dion Biasara.]

Graft & corruption

Shadowy Syahril named a suspect and arrested

Jakarta Globe - April 15, 2010

Farouk Arnaz – The man controversial former chief detective Comr. Gen. Susno Duadji has called a powerful case broker operating at police headquarters was declared a corruption suspect by the National Police on Wednesday and arrested.

"We are charging him with multiple offences on corruption, bribery and money laundering," said National Police spokesman Insp. Gen. Edward Aritonang.

He was referring to Syahril Johan, who has been described as being a former diplomat, a businessman and a one-time consultant to the Attorney General's Office. He has been questioned by police ever since he returned to the country from Singapore on Tuesday, accompanied by a mid-ranking police officer,.

Syahril's lawyer, Hotma Sitompul, said his client was an active intelligence agent at the State Intelligence Agency but that he will retire this year. "He is of much merit to this country when he helps this country to search for people or their illegal wealth," Hotma said.

That might explain how Syahril reportedly obtained various postings at the Foreign Ministry and the Attorney General's Office and his ability to operate at police headquarters as a consultant for the National Police anti-drug department.

Susno told a House of Representatives committee last week that a powerful case broker he identified by the initials SJ was active at the headquarters, had very close links to a former deputy national police chief and was known to all top brass there.

Edward said that Syahril was immediately arrested after being declared a suspect. He said that among the evidence police gathered against Syahril were "wiretapped conversations between him on his phone and another actor. There were several names involved in this case who we will all summon as witnesses or suspects. However, I cannot yet make their identities public because the investigation is still ongoing."

Syahril was charged with violating the anticorruption law because "he was promising" money to some police officers, Edward said. He declined to provide further details, including when asked whether Susno was among those promised money by Syahril.

However, National Police chief Gen. Bambang Hendarso Danuri said earlier on Wednesday that the police would probe allegations that Susno was among those taking bribes while he was serving as the National Police chief of detectives. "God willing we will prove it," he told the Jakarta Globe but refused to elaborate on Susno's case. "Just wait."

Another police spokesman, Sr. Comr. Zulkarnaen, acknowledged that there was not yet any proof that Syahril had transferred money to Susno. "But we are still searching for evidence to prove it, if any, including by confronting Johan with Pak Susno," he said.

In a text message to the Jakarta Globe on Wednesday, Susno admitted that Syahril had promised him money. "But I refused it," he said.He did not answer when asked why he did not arrest Syahril when he tried to bribe him.

The vocal former chief detective has said that while he knew Syahril, there was nothing improper in his relationship with him. "It is impossible because I exposed his identity to the public. I am not stupid enough to commit suicide [by revealing the relationship]," he said.

The Attorney General's Office on Wednesday maintained that no prosecutors had any link with Syahril despite his brief tenure at the office between 1999 and 2000.

[Additional reporting by Heru Andriyanto.]

Poor memory and denials plague bribery trial

Jakarta Post - April 14, 2010

Arghea Desafti Hapsari, Jakarta – Forgetfulness, rebuttals and claimed ignorance of events seem to plague the hearing of the multimillion dollar bribery case that has implicated many former lawmakers, with witnesses tarnishing court proceedings with poor answers that have irritated the panel of judges.

Top brass Golkar politician Paskah Suzetta, also a former state minister for national development planning, repeatedly rebutted all allegations against him in Tuesday's hearing, including denying ever having received traveler's checks worth Rp 600 million (US$60,000) from defendant Hamka Yandhu after the election of Miranda Swaray Goeltom as a central bank deputy senior governor in 2004.

Paskah was then the chairman of the House of Representatives' Commission IX overseeing banking and financial issues, which was responsible for the election process. He refuted previous testimony of of an employee at a car dealer that he had bought a Honda CRV using cash and five traveler's checks.

"The car was purchased with the money I got from selling my son's [Suzuki] Escudo, his savings and donations from my other children," he said in Tuesday's trial of Hamka, a former lawmaker from the Golkar Party, at the Corruption Court.

Hamka is accused of receiving traveler's checks worth Rp 7.35 billion from a third party to support Miranda's election. He allegedly kept 45 sheets of the checks he received for himself. The checks were worth Rp 2.25 billion. He distributed the remaining checks to 11 members of the commission from the Golkar faction.

The case has also implicated 19 politicians from the Indonesian Democratic Party of Struggle (PDI-P), four from the United Development Party (PPP) and another four from the Indonesian Military/National Police faction.

Another witness, Baharuddin Aritonang, a former Golkar legislator and former member of the Supreme Audit Agency, also refuted the earlier testimony of his staffer that he had asked the latter to cash in checks worth Rp 200 million. Baharuddin allegedly received seven sheets of checks worth a total of Rp 350 million. This, too, he denied.

But the hearing on Tuesday was in for more confusing moments as another witness, Sumarni, a secretary of amnesiac businesswoman Nunun Nurbaeti, took to the stand.

A Corruption Court justice called Sumarni "Miss Forgetful" after she repeatedly answered questions with "I don't remember". "I don't remember if it was Ibu Nunun or another [male] director at the company that had asked me to cash in the traveler's checks," Sumarni said.

The secretary at Nunun's PT Wahana Esa Sembada was referring to 20 sheets of traveler's checks worth Rp 1 billion she cashed in 2004. Nunun allegedly arranged the delivery of the traveler's checks worth a total of Rp 24 billion to 39 lawmakers after Miranda's election.

Another judge asked Sumarni, "When the person instructed you to cash in the checks, was the voice a woman's or a man's?" The question again resulted in another "I forgot" answer, sending a wave of laughter through the audience at the trial.

Judges, bewildered by her answers, determined to bring Nunun to testify before the court to confront the testimony from these two witnesses. Nunun, who is now in Singapore, has missed several court summons due to her illness. A judge told the prosecutors, "One way or another, bring Nunun to this court".

In previous hearings, Miranda, who took the stand as a witness also gave the judges "I don't remember" as her answer to many questions.

She said she forgot whether she was the host or the guest in a meeting at a South Jakarta hotel where she gave a presentation to several PDI-P lawmakers. She replied in a similar vein to a question why she had meetings only with PDI-P and military/police factions but not with Golkar.

PDI-P legislator Panda Nababan, who stood witness earlier, also answered "I cannot recall" when asked whether he was a guest or host at the same meeting. He also repeatedly replied "I don't know" to the questions, prompting the panel of judges to order him to "contemplate" his answers.

Police extortion leads family to goat shed

Jakarta Globe - April 11, 2010

Nivell Rayda, Indramayu (West Java) – Darmi is no Gayus Tambunan, whose case is gripping the nation and opens the door to bring corrupt officials to justice, but she is a living symbol of just how powerful and heartless the so-called judicial mafia can be.

For the past month Darmi, 35, and her six children – from 18 months to 13 years of age – have been living in a 1.5-by-2-meter goat shed and surviving on the generosity of their neighbors after a rogue police officer allegedly extorted money from her in exchange for dropping murder charges against her husband, Kadana, 40.

"My husband was at the wrong place at the wrong time. He passed a rice field one afternoon and discovered that its owner had been brutally murdered," Darmi told the Jakarta Globe. "The victim's family saw my husband at the scene and reported him to the police."

She said the incident led to a series of shakedowns by Adj. Insp. Nana Sudana, a young police officer assigned to the Indramayu precinct.

"My friend [at the police station] is ready to beat your husband up," Darmi said Nana told her. The officer "promised to keep my husband from being beaten up if I provided Rp 6 million."

But the officer did not stop there, she said. "The following week he contacted us again, this time asking for Rp 3 million more for the prosecutors' office," Darmi said, adding that eventually she paid more than Rp 14.3 million ($1,590) in bribes.

Kadana's brother Chasnawi, 50, said that just to visit Kadana in the Indramayu penitentiary where he was detained, the family had to pay at least Rp 150,000 per visit. "If I didn't do that, I could forget about seeing my brother," he told the Globe.

For a farmer's wife like Darmi, the amount she had to pay in bribes was devastatingly high. She said she had to sell her house, a simple four-by-five-meter wooden structure on 50 square meters of land, for only Rp 10 million, along with every-thing else she had, in a desperate effort to cope with the officer's demands.

The house, made from tree bark and used lumber, was covered in woven bamboo barely thick enough to protect the family from rain and the cold of the night. But it was a far cry from the goat shed she now occupies. Even for a goat, the condition of the shed is not ideal, she said.

During the day, Darmi and her family have to endure the scorching heat, while at night she struggles to keep them warm amid constant leaks. For several weeks they slept on a plastic mat, trying hard to ignore the smell of the goat that once occupied the shed, she said.

It was not until recently that her neighbors donated two mattresses for the family to sleep on.

All this they suffered in the belief that the murder case would go away. But on Tuesday, Kadana and his family were surprised when the Indramayu District Court found him guilty of murder and sentenced him to seven years in prison.

"Kadana was outraged," Chasnawi said, after which the family decided to report to the Judicial Mafia Eradication Task Force.

On Thursday, the team transferred Kadana and invited his family to Jakarta. Task force secretary Denny Indrayana, who visited Darmi on Friday along with several officials from the National Police, said the team promised Kadana and his family protection and contacted the Witness and Victim Protection Agency (LPSK).

"The case serves as an example that poor people like Kadana are the true victims of the judicial mafia. Case brokers do not care if a person is rich or poor, they ruthlessly suck a person dry," Denny said.

The head of the Indramayu precinct, Adj. Chief Comr. Nasri Wiharto, said the rogue officer had been arrested and was charged with violating Article 378 of the Criminal Code on extortion, which carries a maximum sentence of four years behind bars.

"We will conduct both an internal investigation over allegations of misconduct and a separate criminal investigation. We will ensure that whoever is involved will be punished," Nasri said.

"We are still investigating all allegations against the suspect. Based on other reports, this is not the first time Nana has committed abuses of power and acts of extortion."

Finance ministry under fire for graft reforms

Jakarta Globe - April 10, 2010

Armando Siahaan – The recent case of tax official Gayus Tambunan showed that bureaucratic reform at the Ministry of Finance had failed, with high remuneration packages at the tax office doing nothing to curb cases of graft, politicians and analysts said on Friday.

Andrinof Chaniago, a public policy expert from the University of Indonesia, said the government needed to effectively address chronic problems ingrained within the ministry before it proceed with its reform program.

"The ministry failed to identify the actual sickness and therefore they got themselves the wrong cure," he said, referring to the ministry's claim that higher wages was one way to curb corruption.

Andrinof pointed out that the ministry's main problem was in tackling the mentality of its rogue officials. "Employees at the ministry are corrupt, lazy and opportunistic," he said.

Gayus, a middle-ranking tax official who was found to have Rp 28 billion ($3.1 million) in his bank accounts, made headlines last month when he was controversially acquitted of embezzlement by a district court and then fled the country to Singapore. Bribes to police are now suspected in his acquittal, and he is once again facing corruption charges.

Finance Minister Sri Mulyani Indrawati implemented bureaucratic reforms in 2007, which included remuneration packages totaling Rp 4.3 trillion in benefits for about 62,000 employees at the ministry.

The level of compensation varies, depending on workers' field and position. Officers at the Directorate General of Taxation, Directorate General of Customs and Excise and Capital Market and Financial Institution Supervisory Agency (Bapepam-LK) receive the biggest pay packages.

Lawmaker Agun Gunandjar Sudarsa, from the Golkar Party, said that not only did the high salaries fail to fix the problems with graft in the ministry, but it also fueled jealousy from other government agencies.

For example, he said, the head of the tax office had lucrative bonuses that other directorate generals did not, such as additional work allowances.

Moreover, Agun said the variation in remuneration packages within the Finance Ministry itself was bound to result in resentment between departments and even between staff members.

Drajad Wibowo, deputy chairman of the National Mandate Party (PAN) and a former member of House Commission XI, which oversees financial and banking affairs, said the reforms at the Finance Ministry had clearly been unsuccessful.

"The ministry failed to create an internal control mechanism that works," he said, adding that efforts to monitor graft had been inadequate. "Let's not forget that it was not the Directorate General of Taxation that uncovered or revealed the corruption by Gayus."

Drajad said that President Susilo Bambang Yudhoyono should re- evaluate the ministry's performance in light of the recent corruption cases and review its reform policies.

"The government has spent a lot of money on remuneration, but there is still a lot of corruption cases going on," he said, adding that even with the high salaries, the ministry still failed to reach its revenue targets. "The gap between the government's targeted tax revenue and the actual revenue is still very wide."

In addition, Drajad claimed that the ministry had also failed to remove the bureaucracy plaguing its operations. "It still takes a long time to get things done," he said.

'Mr. X' real rogue behind Indonesia's tax woes: Susno

Jakarta Globe - April 9, 2010

Farouk Arnaz – A defiant Comr. Gen. Susno Duadji on Thursday fired another salvo at the National Police, accusing the force of having studiously avoided implicating the real actor in the scandal surrounding rogue tax official Gayus Tambunan.

Addressing a hearing with House of Representatives Commission III, which oversees laws and legislation, the former National Police chief detective said the Gayus investigation had failed to touch "the real actor," whom he identified as "Mr. X."

"There is a real actor, the mastermind, who is still untouched by the law," Susno said. "He is a civilian, not a police general, but has the ability to influence law enforcement to take it easy on Gayus."

He said the man was so powerful that he could influence not only the police but also state prosecutors and judges. Susno declined to identify the man, but as a clue said he played a role in solving a case related to an arowana fish farm in Pekanbaru, Riau, a year ago.

"Everyone at the National Police, including the current National Police chief detective, Comr. Gen. Ito Sumardi, knows about this man," he added.

A police source close to the investigation told the Jakarta Globe that Susno was referring to businessman Syahrir Johan.

"This man has power because we know that in the last elections he donated money to some presidential candidates," the source said. Another police source said Johan was a close friend of a former National Police deputy chief and used to come almost daily to the latter's office until he retired.

Susno's laywer, Henry Yosodiningrat, confirmed his client was referring to Johan. "Yes, he was, but Pak Susno could not make it public because we have to uphold the presumption of innocence," he said.

Golkar Party lawmaker Bambang Susatyo earlier this month identified Johan as a suspected case broker active at National Police headquarters.

Susno, who appeared at the House accompanied by his lawyer and a medical team to ensure his food was not poisoned, said his only motive for coming out with his revelations was to get at the truth.

"I don't have any motive but the truth. I don't want to be National Police chief or even the chief of the Corruption Eradication Commission [KPK]," he said, adding that he would reject those positions if they were offered.

He also said he was ready to face the consequences of his revelations, adding that his son and grandson "would be proud if I died while promoting the truth."

Susno acknowledged that he was not "100 percent clean," but challenged anyone "to prove that I am corrupt." He also said he was seeking legal protection from the House commission.

"Even though I am not physically threatened, I feel that my career will soon end," he said, predicting the police would fire him on the pretext that he had breached the code of ethics.

Susno said Gayus was a mere actor in the tax embezzlement case, while Batam businessman Andi Kosasih, who is also facing charges, was "a puppet."

"There is still a mastermind at large and the National Police must prove their claim that they will take firm action against anybody involved in this case," he said.

Susno said he realized just before leaving his post as chief detective last November that his investigators had not handled the Gayus case properly and had called for it to be reopened. He said he also found out just four days before leaving his post that the new director of economic crimes had unfrozen Gayus's accounts.

"I reported this to the National Police chief and the National Police spokesman but they did not do anything," Susno said.

National Police spokesman Insp. Gen. Edward Aritonang declined to comment on Susno's claim.

Police challenge Susno Duadji to present proof of 'Mr. X'

Jakarta Globe - April 9, 2010

The National Police's chief of detectives Comr. Gen. Ito Sumardi on Friday denied knowing the identity of "Mr. X," whom former chief of detectives Comr. Gen. Susno Duadji said was the real judicial mafia at the National Police.

"Before we name a person as a case broker, we have to prove it first. As a law enforcement agent, I don't want to make reckless accusations. It would be very unwise if I made a wild guess on who Mr. X is. I'm not fond of guessing games," Ito was quoted as saying in Kompas.

A defiant Susno on Thursday fired another salvo at the National Police, accusing the force of having studiously avoided implicating the real actor in the scandal surrounding rogue tax official Gayus Tambunan. He made the statement during a hearing with House of Representatives Commission III, which oversees laws and legislation.

"There is a real actor, the mastermind, who is still untouched by the law," Susno said. "Everyone at the National Police, including the current National Police chief detective Comr. Gen. Ito Sumardi, knows about the man."

A police source close to the investigation told the Jakarta Globe that Susno was referring to businessman Syahrir Johan.

On Friday Ito challenged Susno to prove Syahrir was Mr. X. "If Susno has the proof to back up his statement, he is welcome to present it to the public," Ito said.

Ito gave the same response to the allegations that former deputy National Police chief Comr. Gen. Makbul Padmanegara was also a big case broker at the National Police. "Does Susno have the proof on Pak Syahrir and Pak Makbul? Pak Syahrir is only Pak Makbul's good friend," Ito said.

'Drunken fighter' Susno rolls with the punches

Jakarta Globe - April 9, 2010

Anita Rachman – If he felt shock at being needled instead of complimented for his whistle-blowing efforts, Comr. Gen. Susno Duadji did not show it as lawmakers on Thursday grilled him about his motives for revealing a Rp 28 billion corruption scandal involving a mid-ranking tax officer.

In questions laced with sarcasm, lawmakers on House of Representatives Commission III overseeing legislation affairs demanded to know why the former National Police chief detective had waited until now to tell everybody about a powerful case broker at police headquarters.

"You have spoken out against your institution [the National Police] here and there. You even wrote about it in your book. How can you really contribute to strengthening the name of your institution, an institution that made you a general?" Susaningtyas Nefo, Handayani Kertapati and Sarifuddin Sudding from the People's Conscience Party (Hanura), asked Susno.

Lawmaker Ruhut Sitompul, from President Susilo Bambang Yudhoyono's Democratic Party, went as far as to call Susno a drunken fighter.

"Why are you revealing this list of case brokers now? You should have done this a long time ago. I am sorry, but you seem to be just a drunken fighter," Ruhut said.

Earlier, Ruhut asked Susno to change out of his police uniform, saying the commission still had too much respect for the force.

Just five months ago, the same commission members were full of praise for National Police headquarters, after its top generals, including National Police Chief Gen. Bambang Hendarso Danuri and Susno, managed to convince them they were not wrong in failing to detain Anggodo Widjojo, the businessman then suspected of playing a major role in fabricating a bribery case against two deputies of the Corruption Eradication Commission (KPK).

Susno fought back tears at that earlier hearing, denying he had received Rp 10 billion ($1.1 million) in bribes from tycoon Boedi Sampoerna, the biggest client of the failed Bank Century.

Susno could only smile as lawmakers took broadsides at him on Thursday, asking him if he was making these revelations now only because he had lost power.

"He is like someone on death row. He sings and tells us about cases, hoping to be given a life sentence instead," lawmaker Nudirman Munir, from the Golkar Party, told the Jakarta Globe.

After Susno gave his testimony, some lawmakers demanded he name the powerful case broker within the National Police. Others said Susno could only do so at a closed session or he risked defaming the person.

Sitting beside Susno was his lawyer, Henry Yosodiningrat. "I whispered to him, 'Do not fall for the bait. Do not be foolish or you could find yourself slapped with a defamation suit,'?" Henry told the Globe.

Commission III chairman Benny K Harman, from the Democratic Party, said the commission planned to summon top officials from the National Police and the Attorney General's Office in relation to Susno's testimony.

"Susno says [case broker] Mr. X is not a police general but he is close to the generals. We will summon the National Police chief," Benny said.

War on terror

Embassy attack suspect arrested

Associated Press - April 12, 2010

Indonesian police have arrested a key militant strategist involved in a 2004 bomb attack on the Australian Embassy.

Abu Musa was arrested with five others suspected of ties to a new terror group based in the western province of Aceh.

The six were arrested in Medan, the capital of nearby North Sumatra province, after police spotted a suspicious vehicle parked near a city landmark in the pre-dawn hours with several men inside.

The men fled on foot as police attempted to search the van, but Musa was found inside with signs of a previous gunshot wound to his hand, said a police official. The 35-year-old Musa, a suspect in the embassy attack, was wounded in his hand during a firefight with police in Aceh last month.

Four suspects were later arrested in raids on several locations near the vehicle, and a sixth was found hiding in a mosque, provincial police chief Major General Oegroseno said. Police were still looking for two others.

The unnamed police official said all six were on the government's militant watchlist. He identified one as Yusuf Arifin, 25, who he said received military training in the southern Philippines before going on to work in a new paramilitary training camp in Aceh that authorities raided in February. The other four were wanted in connection with a failed plot to assassinate Indonesian President Susilo Bambang Yudhoyono last year, the official said.

Major-General Oegroseno said the six will most likely to be flown to national police headquarters in Jakarta for questioning.

"They were taken into custody for further investigation by counterterrorism police," he said. "An investigation is still going on to determine if they are part of the terror group in Aceh."

That group calls itself al-Qa'ida in Aceh, and police say it is a splinter of Jemaah Islamiyah, a south-east Asian offshoot of al- Qaida blamed for deadly bombings in Indonesia in recent years.

Terrorism expert Al Chaidar, a lecturer at Malikussaleh University in Aceh, said, if Musa was among those arrested, it would be a significant achievement for police because he was an expert strategist with JI who later helped set up the al-Qa'ida in Aceh camp that police raided in February. Police have since killed seven alleged militants in raids in Aceh and on the main Indonesian island of Java.

The greatest prize for authorities so far has been Dulmatin, a master bomb-maker who was shot dead last month near the capital, Jakarta. He had been wanted for making and priming one of the bombs that killed 202 people, 88 of them Australians, in Bali island in 2002.

Islam/religion

Christian group still stranded after 3 months

Jakarta Post - April 9, 2010

Hasyim Widhiarto, Jakarta – Three months after the Bekasi administration sealed off the small plot of land where they had been conducting church services, members of the Filadelfia Huria Kristen Batak Protestant (HKBP) group are still in limbo as to whether they can proceed with the construction of a new church there.

"Nothing has actually changed," HKBP spokesman Tigor Tampubolon said Thursday.

Three months ago, the administration sealed off a 1,000-square- meter plot of land in Jejalen Jaya subdistrict, on which the HKBP had planned to construct a new church.

Since the closure, hundreds of Christians from the area have attended regular services on the bare plot of land and in the adjacent street. "Currently, we run our service from 9 a.m. until noon just as we used to, but now we're outside," he said.

Before the closure, a group organized by the Muslim Communication Forum (FKUI) had come out to protest every time the Christian group was conducting a service on the land, arguing that a church would be an insult to the village's Muslim majority.

Rather than organizing talks involving the two sides, Bekasi Regent Sa'duddin sealed off the land without prior notification.

Tigor said his group had filed a lawsuit against the regent's decision with the Bandung State Administrative Court last week after efforts to involve the administration came to nothing.

"This is not about winning or losing, it's about opening the eyes of the public and the government to religious bigotry in the country," he said. He added that HKBP had hired 12 lawyers to fight the administration's decision.

Lawyer Thomas Tampubolon, who leads the congregation's legal defense team, said there was no reason the congregation could not win the dispute.

"The congregation had actually obtained approval to establish the church from more than the stipulated number of residents," he said. "We are hoping the court's judges will bear this fact in mind."

Last year, the Bandung court overturned a decision by the mayor of Depok to revoke a building permit to build an HKBP church in his municipality.

According to a 2006 joint ministerial decree, a new house of worship must have the backing of at least 90 percent of local residents of the same faith and 60 percent of local residents of different religions.

For nearly 10 years, members of the Filadelfia HKBP held services in homes of the congregation. In 2007, the group collected enough money to purchase a plot of land in Jejalen Jaya subdistrict where they would build their church.

However, construction never began because the Bekasi regent ignored their request for a construction permit for more than a year.

In October 2009, after securing permission from the Jejalen Jaya subdistrict head to hold services on their empty land, the Christian group built an 8-by-10-meter semi-permanent building to store service items.

However, the congregation was met by protests from residents who claimed the congregation had no right to practice their faith there.

Politics/political parties

Mega problems ahead for PDI-P without new leader - Analysts

Jakarta Globe - April 9, 2010

The Indonesian Democratic Party of Struggle faces a perilous road ahead after voting to stick with Megawati Sukarnoputri as chairwoman, political analysts warn.

Political lecturer Arbi Sanit, from the University of Indonesia, said on Friday that the party had learned nothing from the failure of Megawati's previous five-year term.

As expected, the Indonesian Democratic Party of Struggle (PDI-P) congress in Bali on Thursday unanimously elected Megawati to lead the party until 2015. She has been at the helm since the party's inception in 1998.

"We're all living in an entirely different political landscape now," Arbi said. "Under Suharto's administration, she may have won people's hearts because people could see the repression perpetuated by Suharto's New Order regime in her persona. But that was the past. This is not today's political setting."

Arbi said the future would be slightly brighter if the party's top position had been passed on to former secretary general Pramono Anung, now deputy speaker of the House of Representatives. "With Pramono, I think the party would move forward faster than with Megawati," he said.

Arbi said if the party's elite did not begin adapting to the political landscape, their followers would abandon them. He said even though the new party lineup was an attempt at succession, the young party executives would listen only to Megawati.

"Megawati is still seen as the party itself. But she does not have the capacity to lead and bring the party toward a promising future, like getting more followers or expanding its political enclaves," Arbi said.

Ikrar Nusa Bhakti, from the Indonesian Institute of Sciences (LIPI), disagreed, saying that Megawati was the only choice the party had because only she was "consistent and firm about staying out of the government and being a balancing power."

He said the new lineup served the need to rebuild the PDI-P as a people's party, pointing out the elected executives were all tried and tested.

Ikrar said Megawati had made a tactical move in choosing Tjahjo Kumolo as secretary general because he had been an effective politician when active in the Golkar Party.

"Tjahjo may not be born out of the PDI-P but Megawati must have seen his commitment to, and understanding of, Sukarno's ideology," Ikrar said,. He added that it was not Megawati but Sukarno who was considered the real "soul" of the party.

Ikrar said the 2014 presidential election would be the PDI-P's biggest test because if the party put forward Megawati as its candidate "it will be suicidal."

Abdul Gafur Sangadji, a political analyst at the University of Indonesia, said the 2009 presidential election confirmed Megawati was no longer a magnet for voters. He said the party had to come up with a new figure if it hoped to win the 2014 race.

"The problem with the PDI-P is that the party executives rely too much on the charisma of Megawati, for she is still seen as Sukarno's daughter, inheriting his blood and ideology," Abdul said.

PDI-P's refusal to join coalition may hurt Democrats

Jakarta Globe - April 9, 2010

Armando Siahaan & Markus Junianto Sihaloho – Megawati Sukarnoputri's defiant statement that the Indonesian Democratic Party of Struggle will remain in the opposition rather than joining the ruling coalition will adversely affect President Susilo Bambang Yudhoyono's Democratic Party, analysts said on Thursday.

Karel Harto Susetyo, a political analyst for consulting firm Charta Politika, said now that Megawati's party, also known as PDI-P, was off the table, it would weaken the Democrats' bargaining position among the opposition bloc and the dissenting parties in the coalition itself.

During the House of Representatives vote on the Bank Century inquiry last month, the ruling coalition was essentially fractured when Golkar, the Prosperous Justice Party (PKS) and the United Development Party (PPP), all key members of the coalition, turned against the Democrats and found that the rescue was illegal.

The dissent sparked speculation that the Democrats would reconfigure the coalition by ousting the rebellious parties and forming a partnership with the PDI-P.

The likelihood of such a scenario was strengthened by reports that key PDI-P figures such as Taufik Kiemas, chairman of the party's advisory board and husband of Megawati, were considering the unlikely merger.

But the possible partnership was effectively quashed at the PDI- P's national congress on Tuesday, when Megawati said the party would remain in opposition to the Democrat-led government.

Karel said that this could hamper Yudhoyono's agenda, including efforts to pass bills in the House, Karel added that the most immediate impact would be felt in relation to the ongoing tax debacle. The arrest of rogue tax official, Gayus Tambunan has led some factions in the House, including Golkar and the PKS, to propose the launch of another special committee, this time to investigate the tax system.

"This whole tax thing will be a prolonged case," he said. "This is something in which the Democrats will have no control over the outcome."

Karel said Golkar and the PKS might try to capitalize on this by pursuing a goal that they failed to achieve during the Bank Century saga – ousting Finance Minister Sri Mulyani and Vice President Boediono.

"In the end, they will target Sri Mulyani," he said. "Once it enters the House, everything will be politicized and it will be hard for the Democrats" to assert their influence.

Political researcher Sunny Tanuwidjaja, of the Center for Strategic and International Studies, said that the PDI-P's unwillingness to join the coalition would be a concern for the Democrats. However, Sunny said that it would still be possible to gain PDI-P support by making concessions such as appointing officials endorsed by the party.

But on Thursday, following the inauguration ceremony of Megawati as the party's chairwoman, Taufik released a statement that indicated his dissatisfaction over the party's pledge to remain in the opposition, but apparently he still held out hope "The [coalition] door is not actually closed," he said.

PDI-P Megawati keeps old faces for key posts in party

Jakarta Post - April 9, 2010

Hans David Tampobolon, Denpasar – Megawati Soekarnoputri officially won the re-election as the Indonesian Democratic Party of Struggle (PDI-P) chief Thursday, but fell short of party promises to promote young figures to the second highest post.

Instead, Megawati, who will lead the party for the third successive five-year term, handpicked seasoned politician Tjahjo Kumolo as the party's secretary-general, replacing Pramono Anung who now holds no structural position.

Indonesian Survey Institute (LSI) political analyst Burhanuddin Muhtadi told The Jakarta Post that Megawati's decision to appoint a senior figure as her closest aide could cost the party dearly in the 2014 general elections.

"The party veterans were blamed for the party's poor showing in the last two elections. In the context of the PDI-P's internal affairs, the failure to appoint a new face for the second highest post will be perceived as an inability by the party to develop new leaders," he said.

"The decision is bad advertising for stakeholders outside the party, and this could lead to a further decline in the party's popularity."

Hopes were high prior to the formation of the new central executive board that young figures such as Maruarar Sirait and Ganjar Pranowo would be given keys to the party's inner circle.

Burhanuddin said he had expected Maruarar to be appointed secretary-general, which he said would make a difference.

"Maruarar is from Sumatra, where he could be a potential vote getter. The PDI-P has traditionally fared poorly in Sumatra," he said. Taufik Kiemas, Megawati's husband, People's Consultative Assembly speaker and the PDI-P chief patron, is from South Sumatra.

Yunarto Wijaya from political research institute Charta Politika said the PDI-P should have demonstrated a more serious commitment to its agenda of growing new leaders, which he said would support its bid to play an opposition role.

"The growing public distrust in the PDI-P is mainly caused by Megawati who persistently refuses to acknowledge her declining popularity," he said. "The PDI-P should have encouraged new people to take a leading role because they will bring new hope to the people."

Research Institute of Democracy and Welfare State chief Fadjroel Rahman said young blood was key to maintaining the party's check and balances role in the opposition.

"The opposition needs a strong ideology and must not be trapped by pragmatism. Growth of new leaders will save the party, because it will breed young leaders with fresh ideas and skills. The PDI-P will crumble because it rejects this concept," he said.

Fadjroel said Tjahjo's appointment would plunge the party deeper into pragmatism due to his being implicated in an alleged bribery case in the election of Miranda Goeltom as Bank Indonesia senior deputy governor in 2004.

PDI-P senior politician Panda Nababan, however, said growth of new members was taking place in the party. "Only seven of the 20 executives in the central board are old faces. Our new structure is promising," he said.

Regional elections

Rise of family political dynasties threaten regional elections

Jakarta Globe - April 15, 2010

Armando Siahaan – Clear signs of an unhealthy democracy continue to crop up in regional elections, an analyst said on Thursday.

Members of family political dynasties continue to monopolize power in the regions, revealing a scarcity of qualified candidates and limited political knowledge at the regional levels, he said.

Yunarto Wijaya, a political analyst at Charta Politika, said that as the country continued to embrace political dynasties, top posts in regions were exploited by these families, even as regional autonomy allows the people to elect the leaders of their own regions.

"This creates a legitimized feudalism that monopolizes the region," Yunarto said, adding that certain politicians continued attempts to extend their tenures by appointing relatives or family friends as puppets.

"It is possible that a regional leader appoints a relative because he has served two terms, the tenure limit, and appoints someone from his family, while still playing the role of de factor leader," he said.

As witnessed in some regional elections, an obvious trend had emerged where a relative of an incumbent vies either to replace him or her or to seek another position at a different district but within the same province.

Children have been known to fight for positions their parents currently occupy. In Way Kana district of Lampung, for instance, Agung Ilmu Mangkunegara is running to replace his father, Tamanuri. In Sragen, East Java, Yuni Sukowati hopes to replace her father, Untung Wiyono, the current district head.

In a similar case, Andika Wibawa is vying for the position of deputy district head in Pesawaran, Lampung. His father, Andy Achmad Sampurna Jaya, was former district head of Central Lampung.

Other examples include those linked to Banten Governor Ratu Atut Chosiyah. Her younger sister Ratu Tatu Chasanah is running for deputy district head in Serang, while her sister-in-law, Airin Rachmi Diany, is gunning for a post in South Tangerang.

In Riau, a man and his wife have similar political aspirations. Aida Ismeth Nasution is running for the governor's seat, which is currently occupied by Ismeth Abdullah, her husband.

In any one of these cases, Yunarto said, the principles of meritocracy may be defied, but a candidate with a family dynasty backing him or her has a higher probability of winning the election than candidates without such affiliations. "The popularity of these families is usually higher than that of the other candidates," he said.

Moreover, the level of political awareness in these regions is very low, he said. Combine this with the popularity of the candidates' families, and it increases the likelihood of a bandwagon effect, where the people will vote for a candidate not because he or she is qualified, but merely on the basis of public appeal.

"The people are more likely to vote for a familiar face – in this case, a relative of an incumbent," he said.

Yunarto said that to some extent political parties were to blame. He said the phenomenon showed that parties had failed to regenerate cadres and produce competent leaders.

When political parties fail to provide a strong candidate, these families will exploit the absence of competition. "Political parties are responsible for educating the public about how to judge a good leader," he said.

[Additional reporting by Antara.]

Government announces new law to bar celebrities from office

Jakarta Globe - April 16, 2010

Camelia Pasandaran – In what is sure to be a highly controversial move, the Ministry of Home Affairs is moving to increase eligibility criteria for political candidates in a move clearly aimed at preventing celebrities from running for office.

"The 2004 Regional Governance Law requires regional heads to have good moral standards," Home Affairs Minister Gamawan Fauzi said at the Presidential Palace complex on Friday. "If they are proven to have committed adultery, they will be banned from" attempting to contest the elections.

Under the current law, there are already 16 requirements that must be met for a person to run, including possessing a high school diploma, never having been imprisoned for a crime punishable by more than five years in jail and being at least 30 years of age.

However, with a number of racy celebrities – including Julia Perez – who have admitted to having little political experience throwing their hats into the ring for this year's 224 regional and municipal elections, the government is taking further steps.

"We're going to add another requirement for candidates to have enough experience in government or in civil organizations," Gamawan said. "This is to avoid people who know nothing about how to lead a region suddenly become district head just because of popularity."

Gamawan, however, denied suggestions the new requirement plan had been triggered by the celebrities announcing their intentions to contest this year's polls.

The new requirement will be added to the revisions of 2004 Regional Governance Law that is being drafted by government. It is expected to soon be submitted to the House of Representatives.

Julia, known for her sexy persona, created an immediate stir after she announced that she was hoping to become the next district head of Pacitan in East Java. Pacitan is the hometown of President Susilo Bambang Yudhoyono, who is known for conservative views of anything sexual.

Julia, also known as Jupe, has previously stated that she has much to learn about politics but is willing to learn.

Julia Perez says attempted ban an attack on democracy

Jakarta Globe - April 16, 2010

Cameron Bates – Celebrity Julia Perez has lashed out what she considers a government attempt to prevent her from contesting the elections for the head of Pacitan, President Susilo Bambang Yudhoyono's home district.

"It's directed at me," the actress and musician told the Jakarta Globe just hours after Home Affairs Minister Gamawan Fauzi told journalists that the government was amending eligibility criteria to make it tougher for potential candidates to run for office.

Though denying the new laws that require candidates to have "enough experience" in politics were aimed at celebrities, Gamawan said the measures were "to avoid people who know nothing about how to lead a region suddenly become district head just because of popularity."

Julia, also known as Jupe, told the Jakarta Globe in flowing English that the tactics were "not fair." "We live in an era of democracy. People have the right to become politicians," she said. "This is supposed to be a democracy. If the government is saying that then clearly this is not right."

Julia maintained that she had secured the backing of eight parties at the district level, including the People's Conscience Party (Hanura), the Great Indonesian Movement Party (Gerindra) and the National Awakening Party (PKB) and the National Mandate Party (PAN), and was "100 percent serious" about contesting the elections.

She said she had formed a campaign team and would visit the city of Pacitan on April 25 for the first time. "This is my mission, to get closer to the people and to visit the tourism objects," she said. Gumawan says its not a popularity contest.

Golkar, Democrats bury hatchet in muddy politics

Jakarta Post - April 10, 2010

Indra Harsaputra and Agnes S. Jayakarna, Sidoarjo, East Java – In contrast to the recent rift in the coalition and despite the outcry over the mudflow disaster, the upcoming regency elections in Sidoarjo, East Java, have seen the Democratic Party and Golkar Party joining forces to back candidates from the much-criticized Lapindo Brantas Inc.

The mudflow started in 2006 following drilling activities under Lapindo; however the Supreme Court has declared the firm not guilty for the disaster which has displaced some 40,000 residents.

The Democratic Party declared its support for an executive of Lapindo set to run in the upcoming Sidoarjo regency elections. In Surabaya, the same party has formed a coalition with Golkar to back a pair running in the local mayoral election.

In his trip to the mudflow site last week, President Susilo Bambang Yudhoyono instructed the company, to speed up its compensation payments to victims.

The firm is controlled by the Bakrie Group under former chief people's welfare minister Aburizal Bakrie, now the Golkar Party chairman. The President's statement was seen as a further sign of cracks in the coalition.

The Democratic Party, of which Yudhoyono is chief patron, recently declared its support for Lapindo public relations and social affairs vice president Yuniwati Teryana, who is set to run in the election.

Sidoarjo Democratic Party executive secretary Dawud Budi Sutrisno said Yuniwati had been endorsed by party chairman Hadi Utomo and regional executive board secretary Amir Syamsuddin on March 2, prior to Yudhoyono's visit to the area.

"As party members in the region, we are obliged to respect the decision and intend to win the elections," Dawud said Friday.

Yuniwati's campaign team leader Asip Hasani said the pair would announce their plan to run in mid April.

Bambang Prasetyo Widodo, operational director of PT Minarak Lapindo Jaya, in charge of the compensation payments, is also set to enter the elections scheduled for July 25. Bambang has gained support from Golkar, the Great Indonesia Movement Party (Gerindra) and the National Awakening Party (PKB).

Minarak commissioner Gesang Budiarso, who has announced his nomination, has yet to obtain a political vehicle despite his position as East Java Golkar Party secretary.

A political observer from Surabaya, Haryadi, said friction between the parties did not affect regional politics. "Yuniwati is seen as capable of providing a large sum of money," thus gaining support of the Democratic Party, he said.

Legislation & parliament

'Lazy councilors' won't pass as many bylaws as targeted

Jakarta Post - April 12, 2010

Indah Setiawati, Jakarta – There is no way the City Council will be able to legislate 38 bylaws this year, given the councilors' notorious work ethic and lack of experience, says the Indonesian Forum for Budget Transparency, or Fitra.

"The council will never reach the target because the councilors are lazy," Fitra investigation and advocacy head Ucok Sky Khadafi said Sunday in a statement made available to The Jakarta Post.

"They prefer traveling out of the city for so-called 'comparative studies' rather than deliberating bills."

The 38 bills scheduled for passage this year comprise 23 revisions and 15 new ones. During the 2004-2009 period, the City Council deliberated and revised all of 59 bills over five years.

Councilors for the 2009-2014 period have listed 101 bills to be passed by the end of their tenure.

Ucok said many bylaws, once passed, remained "paper tigers" because the city administration failed to enact them, often citing a lack of funding from the city budget. In addition, the city consistently fails to educate the public about newly passed bylaws, he said.

Ucok also pointed out the physical preparation ahead of the enactment of the regulation. "After a bylaw is passed, the city usually doesn't support it with the proper infrastructure," he said.

He cited the non-smoking bylaw, saying the city did not build smoking rooms in public places to encourage the implementation of the bylaw.

Even as councilors spout their ambition target for legislation, critics point out such a large number will cost a lot to deliberate. Ucok said according to Fitra's observation, there was no standard budget allocation for passing a new bylaw or revising an existing one.

"For instance, the budget just to draft the zoning bill was Rp 1.1 billion [US$115,800], and to draft the women and children protection bill was Rp 294.3 million," he said.

He added the budget to publish a peer-reviewed academic paper – a prerequisite for drafting a bill – varied among city agencies.

Ucok said the academic paper on regional tax at the city's tax office cost Rp 500 million, much more than the paper on the organization management of miscellaneous institutions, which cost Rp 131.5 million.

He said the spending did not stop there, as there were also allocations for two activities: Finalizing the draft bill, and educating the public. Fitra data shows finalizing the bill on regional development cost the city Rp 800 million.

The key bills and bylaws up for legislation or revision this year include the 2007 bylaw on poultry control, which is scheduled to be enacted this year; the 2009 bylaw on regional health, and the bill for the 2030 spatial plan, which has sparked controversy for not including key sectors of the public in its discussion.

Jakarta Regional Legislation Board (Balegda) chairman and City Council Deputy Speaker Triwisaksana was confident the council could meet its target.

He played down criticism that the council had set itself too big a target, saying the House of Representatives had a more ambitious legislation target of 50 bills. "Unlike in the previous [City Council's] period, we will discuss two to three bills together during plenary meetings," he said.

Triwisaksana added the legislation board would form a special team to process a bill made according to the commissions. This method, he said, would ensure efficiency.

Press freedom & censorship

Court questions AGO criteria on book bans

Jakarta Post - April 15, 2010

Jakarta – During a judicial review hearing on Wednesday, Constitutional Court judges questioned the AGO on its criteria for public order disruption under the 2004 AGO law on the monitoring and controlling of the publication of books.

Darmawan, whose book Enam Jalan Menuju Tuhan (Six Paths to God) was banned in Dec. 2009, filed a request for a review recently to contest Article 30 of the 2004 Attorney General's Office (AGO) Law, covering the AGO's authority to maintain public order.

The law stipulates that the AGO has the authority to monitor the circulation of printed materials. "What are the criteria for disrupting public order?" Constitutional Court judge, Harjono, asked the AGO.

He said the criteria had to be clear as to whether there were changes from the previous 1963 Law on Circulation of Printed Materials that could disrupt public order.

"The AGO determines criteria for public order disruption," Moh. Amari from AGO said, adding that the law defined disrupting public order as any act that contradicted the laws or general norms in society. It also prohibits attempts to disseminate Communism, Marxism, Leninism and atheism.

Public order disruption is defined as an actual threat in which there is a consequence or precipitation of an event. The impact of the book has to be proven before banning a book, the panel said.

The procedure involved in issuing a ban on a book took a long time, Amari said. The process begins when people report to the AGO that a book could disrupt public order or the AGO determines this on its own. A special section of the AGO subsequently processes and studies the report or findings. After that the sub-directorate of supervision of mass media forms a team to find and test elements that could disrupt public order. The process is then submitted to a clearing house.

"The clearing house, which comprises representatives from the prosecutor's office, the police, the military intelligence agency, the State Intelligence Agency and the Communications and Information Ministry, as well as civilian experts, will then decide whether to ban the book or not," Amari said.

Beisides Darmawan's, the AGO recently banned Dalih Pembunuhan Massal: Gerakan 30 September dan Kudeta Soeharto (Pretext for Mass Murder: The September 30 Movement and Soeharto's Coup d'Etat) by John Roosa; Mengungkap Misteri Keberagaman Agama (Resolving the Mystery of Religious Diversity) by Syahrudin Ahmad; Suara Gereja Bagi Umat Tertindas Penderitaan: Tetesan Darah Cucuran dan Air Mata Umat Tuhan di Papua Barat Harus Diakhiri (The Church's Voice for Suppressed People: Blood and Tears of God's Congregation in West Papua Must be Ended) by Cocrateze Sofyan Yoman; and Lekra Tak Pernah Membakar Buku, Suara Senyap Lembar Kebudayaan Harian Rakjat 1950-1965 (Lekra Never Burns Books, Harian Rakjat's Cultural Page's Silent Voice 1950- 1965) by Rhoma Dwi Aria Yuliantri and Muhidin M. Dahlan.

Darmawan said his book had no content that could disrupt public order, since it was only about his life experience of finding God.

Leonardo Johannes Rimba, who was testifying for the petitioners, claimed that he, as a scholar of political science in the 1980s, had experienced difficulty in accessing textbooks because Soeharto had banned them. (ipa)

Vague articles in information law gives rise to concern

Jakarta Post - April 14, 2010

Jakarta – Press and law experts worry that the vagueness of the 2008 Freedom of Information Law, which will take effect in late April, will have a negative impact on press freedom.

A member of the Press Council, Wina Armada Sukardi, said on Monday in a discussion at the Press Council office in Jakarta that some of the articles could possibly criminalize the work of the press.

He cited Article 51, which stipulates that institutions or persons using information in an "unlawful manner" would face one year in prison and/or a maximum fine of Rp 5 million (US$544). "There is no fixed definition of 'unlawful manner' so the press will be prone to criminalization," he said.

Another speaker at the discussion, Mas Ahmad Santosa, a member of the Judicial Mafia Taskforce, said that there were also some requirements in the law that could make its implementation difficult.

"The person or institutions demanding information have to state the purpose of their request for information," he said. He continued that the law also gave room for public institutions to reject requests if the information had not been documented.

Mas Ahmad said that another factor that would hinder the implementation of the law was that some public officials considered transparency a threat to their positions.

"Openness is considered a threat toward the status-quo for certain groups of people, mostly corrupt officials," he told the discussion.

The chairman of the Information Central Commission, Ahmad Alamsyah Saragih, said many public institutions were not ready to apply the law, like regional administrations.

"To date, only seven public institutions are now seriously preparing standard operating procedures for implementing the law in their offices," he said.

These are the National Police, the Health Department, the Supreme Court, the Constitutional Court, the Central Java administration, the Transaction and Reports Analysis Center and the Development Finance Comptroller, he said.

Bagir Manan, former Supreme Court chief justice, now the chairman of the Press Council, reminded the public that the Freedom of Information law should be applied with responsibility and integrity.

"This freedom is 'freedom to benefit others' not 'freedom for the sake of freedom'," he said. He also warned the press not to become trapped in euphoria and breach the content of the law.

The law exempts some types of information, which are not the subject of transparency, such as information that endangers the country, information related to individual rights and information that could lead to unhealthy business competition.

"We don't want this law to be the source of disharmony and catastrophe in the future," Bagir said. (rdf)

Tanjung Priok clash

Public order agency under fire over fatal clash

Jakarta Post - April 16, 2010

Indah Setiawati and Irawaty Wardany, Jakarta – The national rights body is demanding the government review the function of the Jakarta Public Order Agency following allegations of misconduct in Wednesday's fatal clash.

"The function of public order officers is to guard government offices, but they have become enforcers of bylaws," Nur Kholis, the deputy head of the National Commission for Human Rights (Komnas HAM), said Thursday.

He said it was not appropriate to deploy public order officers to the front line of law enforcement, a role that should be restricted to police.

Data from the city administration showed that as of Thursday, the Koja uprising in North Jakarta claimed the lives of three public order officers and injured 128 people.

The clash was triggered by a land dispute between state-owned port operator PT Pelindo II and the self-proclaimed heirs of revered Muslim figure, Arif Billah Hasan bin Muhammad Al Haddad, known as Mbah Priok, whose grave used to be at the memorial complex.

The disputed 5.4-hectare area consists of a 20-square-meter memorial complex and a 300-square-meter area with illegally set up buildings and is located on a 145-hectare plot in Koja, which Pelindo says it owns.

The city previously stated that they would not dismantle the memorial but only take down the illegal buildings that serve as shrines. Residents reacted angrily to the decision because they considered the move an insult to Islam.

Home Minister Gamawan Fauzi said Thursday that the government would evaluate the public order agency regulation. "The evaluation is aimed at identifying flaws," he told Antara news agency.

During a visit to the memorial site Thursday, Governor Fauzi Bowo attempted to quell the anger of Koja residents by promising he would not remove the memorial complex.

"Instead, this place will be declared a city heritage protected by a gubernatorial decree I will issue later," Fauzi told area resident representatives.

At City Hall, Deputy Governor Prijanto said the city had not decided on whether to dismiss Harianto Badjoeri, the head of the public order agency, as the city would wait on the result of the planned investigation.

On Thursday, Prijanto mediated at a meeting between Pelindo and area residents. Pelindo president director R.J. Lino said the company agreed to build an access road on Jl. Ciampea in Koja to serve as the entrance to the memorial complex so that traffic heading to Koja Container Terminal would not be disrupted by visitors to the memorial.

He also agreed to a discussion on Friday with residents and mediated by Komnas HAM over the land dispute.

Hanafi Rustandi, president of the Indonesian Sailors Union (KPI) and chairman of the Asia-Pacific branch of the International Transport Workers' Federation (ITF) said traffic heading to the memorial was a stumbling block to Koja Container Terminal's attempts to fulfill the ISPS Code, a set of rules guaranteeing International ships' safety and access to terminal facilities, issued by the International Maritime Organization.

He said Pelindo was pressured by investors to request the city remove the memorial.

Tanjung Priok clashes bad for image, business of Indonesia's ports

Jakarta Globe - April 16, 2010

Wednesday's rioting and bloodshed at Tanjung Priok, sparked by an apparent misunderstanding over the fate of the historic tomb of an 18th-century religious leader, highlights the volatile fault lines of religion and poverty that have given the country a reputation for instability and incipient chaos.

The televised mayhem in Jakarta's main port area left government officials and business leaders scrambling to explain what happened, while acknowledging that the area itself is fraught with the potential for further unrest. While the immediate economic impact is limited, the melee added to the port's already dodgy reputation among international insurers.

Coordinating Minister for the Economy Hatta Rajasa said on Wednesday that he hoped the clashes, which claimed the lives of three public order officers and injured more than a hundred, would have no negative repercussions for the economy, according to the Antara news agency. "I hope there will be a settlement soon," Hatta said.

Noting that Tanjung Priok's Koja Container Terminal is the main gateway for goods in and out of the country, Hatta urged negotiations to ease the tensions in the neighborhood over the tomb and clarify the intentions – still unclear – that the North Jakarta government has for it.

In another report, however, the National Maritime Institute (Namarin) responded to the violence by raising the risk assessment for doing business in Tanjung Priok Port, a move likely to raise shipping insurance costs, according to Antara.

"The violent clash in Koja [North Jakarta] on Wednesday... raised the level even higher. In the long run, [Tanjung] Priok Port's international reputation as an export and import gate will plummet," Namarin director Siswanto Rusdi said in Jakarta on Thursday, Antara reported.

Siswanto said that in a meeting last November, the Joint War Committee, a London organization that analyzes shipping risks, had listed maritime regions in Indonesia as "war risk zones" that might pose dangers to domestic or international ships.

Siswanto said Tanjung Priok Port had a number of potentially volatile issues, including a land dispute over the Koja Container Terminal that involves hundreds of families. "The potential is there" for more trouble and social conflict, he said. "The rule of law is uncertain in [Tanjung] Priok."

Johnson W Sutjipto, chairman of the Indonesian National Shipowners Association (INSA), said the fighting only halted port operations for a few hours and he hoped there would no lasting fallout. "There was not much of a delay because the Transportation Ministry took immediate steps to respond," Johnson told the Jakarta Globe.

He said the case would affect a government plan to ask the JWC to cancel its risk alert for Indonesian ports, including Tanjung Priok. Johnson said ports in Belawan, Balikpapan and Natuna were also categorized as risky because of the potential for social unrest.

Wednesday's clashes will automatically postpone plans to propose dropping the risk level for all the nation's ports. As a result of the JWC assessment, Johnson said, shipowners faced higher insurance rates.

Namarin's Siswanto told Antara that a number of studies had concluded over the years that Tanjung Priok was unfit as a port largely because of the social tensions and complex landholding issues.

"The problem is, the government and PT Pelindo II [the port operator] insist on developing Tanjung Priok, leading to efforts to expand the area and acquire more land, which raises the potential of precipitating social conflict."

Siswanto predicted that as Tanjung Priok's competitiveness decreased, potential investors would be reluctant to transport their goods through the port.

"I heard indications that foreign investors in TPK [the Koja Container Terminal], like Hutchison Whampoa, have taken steps to leave Tanjung Priok," he said.

The immediate problem, said Purbaya Yudhi Sadewa, chief researcher at the state-run Danareksa Research Institute, is for the government to calm the community.

"If the government continues with repressive actions, it will send a bad signal. Authorities opted for mediation, which is wise," Purbaya said.

The stock market did not fall after the fighting, Purbaya noted. "Investors think this is only a local incident. This is not something like what is happening in Thailand." (JG, Antara)

Anarchy at Tanjung Priok leaves a trail of destruction

Jakarta Globe - April 15, 2010

Nivell Rayda, Arientha Primanita Dimas Siregar – What began as a misunderstanding evolved into a conflict that turned Tanjung Priok port into a war zone on Wednesday.

At about 6 a.m., some 2,000 public order officers, known as Satpol PP, began arriving in convoys at the tomb of Habib Hasan bin Muhammad Al Hadad, also known as Mbah Priok, in the Koja area of Tanjung Priok, according to city spokesman Cucu Ahmad Kurnia, who spoke during a news conference at City Hall.

Two excavator machines accompanied the officers. Cucu said they were there to remove illegal buildings, including the gate to the tomb complex, which did not have permits.

But about 400 residents, apparently thinking that Satpol was there to destroy what they believe to be a sacred tomb, were waiting for them at the gates, armed with sickles and machetes.

For several tense minutes, the two groups held their ground, taunting each other, waiting for the other to attack.

Shortly before 7 a.m., chaos erupted. It remains unclear who initiated the violence – demonstrators claimed Satpol officers targeted two teenagers who broke ranks, while officials say protesters cast the first stone.

The standoff quickly became a riot. Protestors threw Molotov cocktails and rocks at the officers, injuring many. One officer nearly lost an arm while another was reportedly slashed across the stomach. The authorities retaliated, injuring a number of rioters, many of them critically.

Shortly after the fighting started, about 700 Jakarta Police officers arrived on the scene.

Television footage showed a mob running amok. Several Satpol officers in full protective gear and armed with shields and batons were shown repeatedly beating a resident.

Other images showed residents, many of whom wore motorcycle helmets for protection, kicking and throwing rocks at an injured Satpol officer lying on the ground.

By early afternoon, after police used tear gas and pepper bullets in attempts to disperse protesters, the situation had calmed slightly. But the lull didn't last long.

At around 2 p.m., at nearby Koja hospital where several of the injured had been taken, clashes broke out again. This time the number of rioters had increased to at least 1,000.

Wanda Hamidah, a member of the Jakarta Provincial Legislative Council (DPRD), told the Jakarta Globe that Satpol officers were uncontrollable, attacking several legislators at the scene. "If a DPRD member can get punched by Satpol, how about the people? Satpol was just so brutal," Wanda said.

One such civilian was 25-year-old Amin, who told the Globe that he and his father and brother were delivering water to some of his friends who were guarding the tomb site at around 2 p.m. When the riots broke out again, they tried to hide behind a structure near the harbor.

But a public order officer saw them and shouted that they were rioters. He said his father was grabbed and immediately punched. "I hugged my father to protect him. But I was pulled off and punched by Satpol, too," he said.

"They pulled off my clothes until I was almost naked. Fortunately, one police officer ordered me to put on my clothes. Then they tied a rope around my hands so I could not do anything while they kicked and punched me."

They were only saved, he said, when other angry local residents came to their rescue. Amin was taken to the hospital with an open wound on his head, while his father's face was severely bruised.

Others were simply in the wrong place at the wrong time.

"I was just trying to get home when the riot broke out. I was stopped by a police officer and he told me to go to the police station," Ruli said as he was leaving Koja hospital.

"I tried to tell him that I was only passing by. Out of nowhere his colleagues hit me in the right temple and again at the back of my head."

Muhammad Nuril, 15, said he wasn't even from Jakarta. "I heard on the news that the cemetery I often visit would be moved. I felt motivated to come from Tangerang," he said.

Nuril said he was hit in the face with a baton by a police officer, who smashed his glasses. Fragments of the glasses cut his left eye and his vision was partially impaired, he said.

At about 4 p.m., the enraged mob upped the ante. At Koja hospital, several local residents were seen patrolling the halls with wooden sticks, looking for wounded Satpol officers.

The hospital staff would not reveal the identities of the public order officers they treated, evacuating them by sea to an undisclosed location.

Other rioters conducted a sweep of the vehicles stuck in the massive traffic jam along Jalan Raya Koja, searching for police or public order officers and forcing motorists to show their identity cards.

Rioters also began looting the offices of the Tanjung Priok port and destroying vehicles owned by Satpol and the Jakarta Police.

Relative calm returned to the area in the evening, but the fires continued. The burned vehicles were stripped for spare parts and scrap metal.

By the end of the day, two Satpol PP officers had been confirmed dead and 144 others injured – 10 police officials, 69 public order officials and 65 locals. In addition, 59 official vehicles had either gone up in flames or been severely damaged, including a police water cannon vehicle that was set on fire.

Brutality by public order officers reflects military past

Jakarta Globe - April 14, 2010

Nurfika Osman – Poorly trained and poorly paid, public order officers, better known as Satpol PP, at times commit acts of brutality, experts admit, but their services are still in demand.

"We need them as our society still does not understand rights and obligations, such as the use of unoccupied lands," Henny Warsilah, a sociologist at the Indonesian Institute of Sciences, told the Jakarta Globe.

However, Henny agreed that Satpol PP should be trained not to use force. "There should be reform of the Satpol PP's training curriculum. They need to learn moral and social issues, as they are dealing with society," she said.

Rights activists have repeatedly called on the government to break up all municipal public order agencies and review public order bylaws in light of repeated acts of violence by the officers.

"It is our view that human-rights violations by public order officers toward minority groups and the poor, including street vendors, buskers, transvestites, women and children, violate the Constitution," Poltak Sinaga of the Indonesian Legal Aid and Human Rights Association said in a recent public discussion at the Legal Aid Institute Foundation.

Poltak cited 21 cases of alleged violence at the hands of public order officers dating back to 2004, some of them resulting in deaths.

Poltak said three teenage buskers died last month after being chased down by Satpol PP. In another case, Irfan Maulana, 14, died in January 2007 after being severely beaten by nine public order officers, but not a single officer was apprehended.

There was more violence at Tanjung Priok on Wednesday and Tangerang on Tuesday.

Allegations of abuse come from various parts of the country. Satpol PP was accused of being behind the deaths of five civilians in Pasuruan, East Java, over a land quarrel in Alas Progo in 2007, together with the Armed Forces. Satpol PP was blamed for injuring nine merchants in Kendari, Southeast Sulawesi, in a market raid last year.

"Human rights are violated when people die in their raids, and such cases need to be brought to the courts for justice," Henny said.

But, she said, the repressive action Satpol PP used to maintain order was a reflection of the country's decades under a militaristic regime.

"This is a sociopolitical phenomenon. We should look at our history. In the past, repressive actions were used by government authorities to control the public in order to maintain stability and help to develop the country," she said.

"Those regimes saw society as their enemy, and this contributes to anarchy," she said. "Militaristic characters need to be removed from the Satpol PP."

However, Imam Prasodjo, a sociologist at the University of Indonesia, told the Globe that not all blame should fall on Satpol PP.

"They are just officials who do their jobs based on the orders of their superiors. They are just poor people who are forced to fight society. Who wants to be a Satpol PP? I do not think anyone will say yes," he said.

Satpol PP officers are often poorly trained junior high school graduates who are paid Rp 300,000 ($33) a month.

Indonesia begins search for blame after bloody port battle

Jakarta Globe - April 15, 2010

Arientha Primanita & Nivell Rayda – President Susilo Bambang Yudhoyono on Wednesday ordered a thorough investigation into the bloody clashes between residents and public order officers in North Jakarta that left at least two people dead and more than 100 injured.

In a live statement on nationwide TV, Yudhoyono ordered "a comprehensive investigation on the clashes be held, to know precisely what caused them and the background of the problem."

The strife began on Wednesday morning, involving about 2,000 public order officers (Satpol PP) and hundreds of residents of the Koja subdistrict near Tanjung Priok port. Many of the residents were armed with machetes and sickles as well as Molotov cocktails.

The residents apparently mistakenly believed the Satpol officers were there to tear down the tomb of Habib Hasan bin Muhammad Al Hadad, a revered 18th-century ulema known as Mbah Priok. City officials said they were there to demolish several buildings surrounding the tomb for which there were no permits, including the gate to the tomb complex.

Jakarta administration spokesman Cucu Ahmad Kurnia said late on Wednesday that at least two people, both Satpol officers, had been killed.

The city administration said the violence, which was broadcast live on local news, left 144 people injured, seven of them critically. The casualties included 10 police officers, 69 public order officials and 65 residents. A total of 66 vehicles were damaged.

Yudhoyono ordered a halt to the demolition and called on all sides to be properly consulted before it resumed. The president also ordered the City Council to pay for the medical treatment for everyone injured in the clashes.

Ferrial Sofyan, the speaker of the City Council, said on Wednesday that the council leadership had discussed the violence and would summon Jakarta Governor Fauzi Bowo today or tomorrow to "ask for his responsibility."

In a statement, Fauzi said the city was not planning to raze Mbah Priok's tomb. "I highlight that there is no intention to remove the tomb. We know that it's sacred for the people," he said. "We even want to make a monument and widen the area to make it more attractive for visitors."

Cucu said the city administration had informed the residents of the plan, but they had "misinterpreted" it, incorrectly assuming the tomb itself would be moved. City officials said three notification letters had been sent since Feb. 16.

Deputy Governor Prijanto apologized for the trouble and urged people not to be provoked to violence. He added that the removal of the gate had been postponed indefinitely.

The fighting ended late on Wednesday afternoon after about 300 members of the hard-line Islamic Defender's Front (FPI) arrived at the scene to mediate between the two sides as well as protect the tomb.

"What happened has happened. Now it is time for peace and to restrain ourselves from further rioting," FPI chairman Muhammad Riziq said, following a meeting with local elders and the family of Mbah Priok. "Basically [the FPI] agrees that this is not only a sacred site but a historic landmark."

Several officials immediately criticized what was seen as Satpol officers' excessive use of force. Last week, several groups protested against the municipal force, demanding that it be disbanded and claiming that it routinely violated the human rights of the capital's most vulnerable residents.

Cucu told a news conference at City Hall that Satpol officers could not restrain themselves after they were attacked.

Triwisaksana, deputy chairman of the City Council, said the clash resulted from Satpol's method of eviction, which he said favored force over dialogue.

"The agency must learn from the police, which has field negotiators and an intelligence division," he said. He added that the Satpol chief should have ordered his men to withdraw when the clashes first erupted.

Ida Mahmudah, head of the City Council's Commission A, which oversees government issues, said she had urged Fauzi to remove Satpol chief Harianto Badjoeri, adding that the council needed to evaluate the agency's performance.

In an interview, Harianto told Metro TV that Satpol officers were only enforcing the law, adding that the agency suffered losses in the clashes.

History of land disputes sullies the sacred plot of Mbah Priok

Jakarta Globe - April 15, 2010

Ulma Haryanto & Arientha Primanita – Wednesday's violent clash between the North Jakarta municipal forces and Muslim residents in Tanjung Priok centered around the former tomb of an 18th- century Muslim ulema, a site considered as sacred to his heirs and followers.

Habib Hasan bin Muhammad Al-Haddad, or Mbah Priok, was born in Palembang in 1727 before sailing to Java to spread Islam in 1756.

According to local lore, the Dutch bombarded his boat with cannon fire before he managed to land in North Jakarta, then part of the Dutch colonial city of Batavia.

The cannon balls missed their mark but later a big wave hit the boat and overturned it. His body washed ashore and when people found him, a rice pot, known in the Malay lingua franca of the time as a periuk was found next to him.

It is believed that the finding of the pot led the area where Habib's body was found to be called Tanjung Periuk, or the Peninsula of the Pot, which later became known as Tanjung Priok.

Because of his legendary struggle to propagate Islam, Habib was viewed as a respected Muslim figure and over the centuries, his tomb became a pilgrimage site.

On March 18, the North Jakarta municipal authorities announced that, after issuing three warning letters between February 16 and March 9, they intended to proceed with clearing the land surrounding the tomb.

The city said that it had promised to leave the grave site untouched but would clear away buildings around it, including the site's entrance gate. Port management company PT Pelindo II, one of the claimants of the land, wants to acquire it for road and railway tracks to the port.

However, the message that spread through the community via leaflets, text messages and Facebook was very different, saying that the government was planning to demolish the sacred tomb.

Mbah Priok graveyard, a 20-square-meter building with an adjoining 300-square-meter pavilion, is located on land under dispute between Pelindo II and other parties claiming as his theirs.

The heirs of Mbah Priok claimed that they held rights to the 54,000-square-meter plot, as stipulated by an old Dutch certificate issued in 1934. However, city authorities had issued a title to Pelindo for the same piece of land in 1987.

The Mbah Priok heirs sued the port company in 2001, but the North Jakarta District Court ruled in 2002 that it Pelindo held rights to 1.45-square-kilometer parcel, saying that the Dutch property certificate's origin was unknown.

Deputy Governor Prijanto said on Wednesday that, based on the ruling, the land belonged to Pelindo, the state-owned firm that manages the port in Tanjung Priok.

"The disputed land based on the certificate issued by the National Land Agency and the court verdict belonged to the company and the heirs did not propose appeal to the court," he said.

Prijanto said Pelindo had paid compensation to the heirs of Mbah Priok of Rp. 2.5 billion ($277,500) and 5,000 square meters of land.

Governor Fauzi Bowo pointed out on Wednesday that the Jakarta Park and Cemetery Agency had moved the remains of Mbah Priok to the Semper cemetery in North Jakarta in 1997.

Ida Ruwaida Noor, a sociologist from the University of Indonesia, told the Jakarta Globe that the city administration should have weighed the socio-cultural aspect of the eviction before acting. "[The Mbah Priok heirs] would want to maintain their land, even though it's illegal," she said.

Armed forces/defense

Military businesses handover by August

Jakarta Post - April 15, 2010

Bagus BT Saragih, Jakarta – The Indonesian Military (TNI) pledged to finish the transfer processes of its businesses worth Rp 3.2 trillion (US$320 million) by the end of August, Deputy Defense Minister Lt. Gen. Sjafrie Sjamsoeddin said on Wednesday.

"We have finished the preparation stages. In the near future, we will enter the implementation controlling phase," Sjafrie told a seminar at the Defense Ministry office.

The current hand over processes are being carried out by the TNI business transfer supervision team, comprising officials from the TNI and Defense Ministry.

Representatives from the Finance Ministry, Cooperatives and Small and Medium Enterprises Ministry, State-Owned Enterprises Ministry, and Justice and Human Rights Ministry, are also in the team. Secretary to the team, Brig. Gen. Ali Yusuf, expressed optimism that the transfers would finish in August.

"However, if we fail to meet the deadline, the Finance Ministry would take over remaining businesses. We will leave them under Finance Ministry authority," Ali said.

The decision to end military businesses was made in October 2004 when the House of Representatives issued a law to end TNI businesses.

The law stipulated a five-year deadline to implement this. In 2009, then defense minister Juwono Sudarsono said the pro-cesses would finish by October last year. The government failed to do this.

President Susilo Bambang Yudhoyono later issued a decree five days before the deadline, postponing the date for an indefinite period.

Most military businesses, set up since the New Order era, are cooperatives or foundations. According to Ali, the team has so far made a list of 1,321 cooperatives, 53 firms, 23 foundations, and 1,175 other subsidiaries leasing state properties for commercial purposes.

The Defense Ministry shows the total gross assets of these business units totaled up to Rp 3.2 trillion (US$355.2 million) with an annual profit of about Rp 268 million. However, Ali said the total assets being transferred to the government would be lower than these figures.

"It will depend on the ownership status of each asset. For example, the government will not take over assets of some cooperatives and foundations which belong to individual TNI members, not to the TNI as an institution. "We will ensure these cooperatives and foundations are in compliance with existing regulations," he explained.

Critics have said that military businesses were a vehicle for members of the military to amass personal wealth.

But, Sjafrie denied that the transfers of these businesses would slash the gross income of TNI officers. "The welfare of military personnel is the responsibility of the state," he said.

Sjafrie admitted that current salary of military officers were relatively low. "We hope the program to increase remuneration will end the problem soon.

In the TNI, the lowest level personnel are prioritized to benefit from the improved remuneration program," Sjafrie said. Critics have said that military businesses were a vehicle for members of the military to amass personal wealth.

Military has blood on hands but brought stability: Book

Jakarta Globe - April 13, 2010

Armando Siahaan – The Indonesian military might have concealed the truth regarding its role in a number of armed civil conflicts, but it did help the country's transition from a conflict-prone state to today's relatively peaceful nation, according to a new book published by the Australian National University.

John Braithwaite, one of the authors of "Anomie and Violence: Non-Truth and Reconciliation in Indonesian Peacebuilding," said that following the fall of Suharto, "Indonesia suffered an explosion of religious violence, ethnic violence, separatist violence, terrorism, and violence by criminal gangs, the security forces and militias."

The book, the first in a planned series by the ANU based on a 20-year study of global peacebuilding efforts, studied six civil conflicts that marred Indonesia in the early days of the reformation era, including in Aceh, Maluku and Papua.

Braithwaite said that in general, these conflicts have now subsided largely due to the role of the Indonesian Armed Forces (TNI).

The book argues that the 1997-98 Asian financial crisis that led to the downfall of Suharto's dictatorship resulted in a government power vacuum.

It says that the military became a central player, interfering in civilian government and muddying power relations, but in the process helping to end a number of conflicts between various groups.

"Ultimately, resistance to Suharto laid a foundation for commitment to a revised, more democratic, institutional order," Braithwaite said. "Yet the peacebuilding that occurred was not based on things like truth seeking and reconciliation efforts, as would be widely expected. Rather, it was based on non-truth, sometimes lies, and yet substantial reconciliation."

The book argues that the military was frequently untruthful in its involvement in conflicts. Braithwaite said there were times when the military decided to solve conflicts on its own authority, without the knowledge and the approval of the government.

The author said the military was frequently the cause of the armed conflict. "And in some cases different factions of the military and the police fought one another," he added.

Braithwaite referred to the long, devastating civil conflict between Christians and Muslims in Maluku as an example.

Military officers and former officers "were in the background providing resources to different sides of the conflict depending on their loyalties and their business and political agendas," the book said. "The military also played role in mobilizing the fighters and escalating the tension."

In a number of cases, Braithwaite said that in places like Ambon, the positive story is that in the latter stages of the conflict the military moved from being part of the problem to being part of the solution.

"The military began to prevent conflict when they refused to take sides but insisted on putting out any spark of conflict as soon as it was lit, whichever side lit it," Braithwaite said.

He then used the long-running separatist conflict in Aceh as another case in point. Braithwaite argued that the military in Aceh contributed to solving the conflict by withdrawing and allowing a dialogue about the peace process to proceed.

However, one of the problems that the book raised was that there was no truth and reconciliation process. In the end, it was also the military who played a significant role in ending the conflict, but it did so without revealing the truth about its involvement.

"The most important investigation into the causes of the Maluku violence was never made public," Braithwaite said. "Perhaps this was because it fingered the military. But I do not know the truth of this because the truth was not made public.

"This poses a real challenge to restorative justice theories of peacebuilding, and also common sense understandings of how conflicts are resolved and peace is fostered."

Economy & investment

Worries as rupiah breaks through 9,000 to dollar

Jakarta Globe - April 13, 2010

The rupiah hit its highest level since July 2007 on Monday as foreign investors continued to snap up Indonesia's financial assets, leading some exporters to express concerns about its strength.

The rupiah touched 8,997 versus the US dollar in morning trade before weakening to 9,014. It rose along with international markets on news that Greece's debt crisis was easing, making riskier assets more attractive.

The Jakarta Composite Index surged 1.3 percent to close at 2,881.3, rising for the first time in three days.

Darmin Nasution, acting governor of Bank Indonesia, urged exporters not to worry, saying the appreciation was temporary.

Analysis & opinion

SBY, Obama could be partners for peace

Jakarta Globe - April 14, 2010

John Braithwaite – US President Barack Obama's forthcoming trip to Indonesia is an opportunity to congratulate President Susilo Bambang Yudhoyono for the considerable success he has had as a peacebuilder. He was a worthy Nobel Peace Prize nominee for his contribution to peace in Aceh, and made admirable contributions to building peace in Ambon and Poso, among other places. Unfortunately, he could never be a worthy Nobel winner because of the situation in West Papua. Obama's visit is also an opportunity to confront the failure to grasp the need for peacebuilding in Papua.

In the aftermath of a series of shooting incidents around the giant US-operated Freeport mine, the human rights and militarized violence situation in Papua is as bad today as it has been for years. And it has been continuously bad for half a century. Young men in the highlands grow increasingly cynical of prospects for a genuine dialogue with Jakarta as a troop surge moves in.

If Yudhoyono could show West Papua the same strong leadership and support for a peace dialogue that he showed in Aceh and Ambon, he would deserve greatness in the history of his country. At present, he appears more like a pawn of the Indonesian military in his timid approach to peacebuilding in Papua. This is a sad contrast with how firm his approach was to move the military from being part of the problem to part of the solution in places like Aceh and Ambon.

Presidents Obama and Yudhoyono have much in common. As the world's biggest Muslim-majority country, and a very successful one in reducing extremist violence, Indonesia can work with the US to accomplish a great deal as peacemakers to end the era of violence across the Muslim-Christian divide around the world. Indonesia has a prominence today it never before had as one of the three largest democracies in the world and the most important Muslim member of the G-20.

Obama, by his own admission, is a Nobel Laureate who has yet to earn that distinction through his deeds. A bold initiative on Papua could be the first step toward both leaders working together to be genuinely worthy of the Nobel in a sequence of initiatives to unite the Christian and Muslim worlds.

Indonesia suffered an explosion of religious violence, ethnic violence, separatist violence, terrorist violence, and violence by criminal gangs, the security forces and militias in the late 1990s and early 2000s.

By 2002, Indonesia had what seemed to be the worst terrorism problem of any nation in the world. All these forms of violence have now fallen dramatically. How was this accomplished? What drove the rise and the fall of violence? Why has Papua been allowed to be such a disturbing exception to this overall picture of progress?

Emile Durkheim's anomie theory is used to explain these developments in a new book I co-wrote with Valerie Braithwaite, Michael Cookson and Leah Dunn called "Anomie and Violence: Non- Truth and Reconciliation in Indonesian Peacebuilding."

Sudden institutional change at the time of the 1997-98 Asian financial crisis and the fall of former President Suharto meant the rules of the game were up for grabs. Ultimately, resistance to Suharto laid a foundation for a more democratic order.

The peacebuilding that occurred was not based on the high- integrity, truth-seeking and reconciliation model preferred by most western thinkers on peacebuilding and transitional justice. Rather it was based on non-truth, and even lies, but genuine reconciliation. This poses a challenge to restorative justice theories of peacebuilding with which I have been associated as a scholar.

Gotong royong is an example of a core tenet of Indonesian philosophy meaning mutual aid or "joint bearing of burdens," as scholar Clifford Geertz puts it, or "reconciliation through working on shared projects." In many pockets of Muslim-Christian conflict in Indonesia this has meant in practice that Christian communities help rebuild mosques they razed during a conflict or Muslims work side by side with Christians to rebuild burned-out churches.

Since our non-truth yet reconciliation conclusion was first reported in talks to restorative-justice conferences in the United States, we have had an interesting reaction from US Christian leaders on how American restorative justice efforts might actually learn from Indonesia's experience. They reflect that in circumstances where a criminal shuns remorse and refuses to confront the truth of his crime, a first step toward truth, remorse and rehabilitation might be to have the criminal work to help his victims recover. There may indeed be scope for learning from gotong royong in Obama's Chicago. Non-truth and reconciliation may be a stepping stone toward truth, justice and reconciliation in both the East and the West.

[John Braithwaite is an Australian Research Council Federation Fellow and founder of RegNet at the Australian National University.]

Book/film reviews

Book offers new hope for rights violations victims

Jakarta Post - April 16, 2010

Jakarta – For decades, the song Genjer-genjer sent shivers down the spines of those who heard it, especially listeners born in the 1980s.

The song, which told the story of the genjer (lettuce) plant that gained popularity during times of extreme poverty due to its abundance amid high food prices, is for many synonymous with memories of generals slain during a political tragedy in 1965 and depicted in a propaganda film, Pemberontakan G30S PKI (September 30 Coup by the Indonesian Communist Party).

Genjer-genjer was said to have been one of the party's propaganda songs and was played in the film, which graphically detailed scenes of torture allegedly committed by PKI members. However, on Thursday, cheers accompanied the song, which was belted out by four women, the oldest more than 80 years old.

They were singing at the launch of a book titled Penghancuran Gerakan Perempuan: Politik Seksual di Indonesia Pascakejatuhan PKI (The Destruction of the Women's Movement: Sexual Politics in Indonesia after the Indonesian Communist Party Downfall), penned by Saskia E. Wieringa.

Two of the women have been arrested and held in isolation in various locations as political prisoners because they were accused of being affiliated with Gerwani, the 1960s women's organization, and the murder of six generals between Sept. 30 and Oct. 1, 1965. The two accusations were closely linked with the communist party.

"I was a reporter. I supported [then president] Sukarno. I wasn't even in town when [the murders and alleged coup attempt] happened," Sri Sulistiawati, one of the singers, said.

Nevertheless, she was captured, tortured with electrocution and held in a prison in Bukit Duri, Jakarta, for years.

The four women, along with perhaps thousands of others, continue to seek justice in the form of a state apology and clearing their names, along with that of their family's.

Yoseph Adi Prasetyo from the National Commission of Human Rights (Komnas HAM) said that these people were victim of crimes against humanity.

To this day, the victims, along with their families, still experience discrimination and claim they are denied their civil rights.

The nation should reinstate their rights, apologize and make sure that this does not happen again, he said at the event. Yoseph added that some of the victims had been denied ID cards and were ousted from their posts as civil servants.

There are no official reports on the number of people murdered during the consequent government uprising against alleged communists, but estimates range from 500,000 to 2 million.

Komnas HAM established an ad hoc team to investigate the crimes and has worked on the task for two years. "We have questioned at least 350 people. We are in the final stages of the draft report," team leader Nur Kholis said. He added that the report would be sent to the Attorney General's Office.

The book, which contains the stories of the women in Gerwani and others who were tortured due to alleged affiliations with the 1965 incident, will play a large role in the fight. "We will use it as one of our sources in the report," Nur Kholis said.

Wieringa, a scholar at the University of Amsterdam, researched the women's movement, the foundation for the book, from 1982 to 1985. (dis)

Soeharto's role in '49 offensive questioned

Jakarta Post - April 16, 2010

Ridwan Max Sijabat, Jakarta – A new book is challenging the long-held claim that Soeharto was the initiator of the historic March 1, 1949, offensive to retake Yogyakarta from the Dutch colonial administration.

According to Serangan Oemoem (or General Offensive), written by Eka Hartoto, the offensive was initiated by Col. Bambang Sugeng, then commander of the Army Division III overseeing security in Central Java.

The book was launched here on Wednesday in a ceremony attended by Lt. Gen. (ret) Prabowo Subiyanto – Soeharto's son in law, businessman Hasyim Djojohadikusumo, Soeharto's former deputy Try Sutrisno, and historians Soekotjo Tjokroatmodjo and Batara R. Hutagalung.

History books written during Soeharto's 32-year-rule cite him as the initiator and leader of the offensive on Yogyakarta, which was then the capital of Indonesia. A film about Soeharto's role in the campaign was produced during his reign.

Batara said facts surrounding Soeharto's role in the 1949 event had been twisted and he called for the Yudhoyono government to rewrite history.

"Soeharto, who was a lieutenant colonel at that time, led the offensive that involved some 2,000 Army personnel, but the decision to launch the strike was made by Col. Bambang Sugeng," said Soekotjo, himself an Army lieutenant when Bambang was appointed Army chief by former president Sukarno in 1952.

Batara and Soekotjo were but two of many historians who have asked the Defense Ministry and the Education Ministry to rewrite history books so as not to mislead younger generations.

"Like books on the disputed Sept. 30, 1965, communist coup, the ones on the General Offensive must be rewritten. History teachers should use alternative books to allow students to learn the truth," he said.

The biography also discusses Bambang's military and diplomatic career. The book says Bambang took the initiative to launch the offensive to retake Yogyakarta from the Dutch colonial government which refused to recognize the 1945 Indonesian proclamation of independence.

The Dutch sent founding president Sukarno to exile in Bengkulu. By controlling Yogyakarta as capital of the republic, the colonial government had an excuse to reject a UN resolution recognizing Indonesian sovereignty.

After the General Offensive, Sukarno promoted Bambang as Army chief in 1952, a position he held until 1955, with the role of settling internal conflicts in the Army.

After retiring from military service, Bambang was appointed as ambassador to the Vatican, Japan and Brazil consecutively. Born in Magelang, Central Java, in 1913, Bambang died June 24, 1977.


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