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Indonesia News Digest 36 – September 23-30, 2010

News & issues

Q! Film Festival Actions, demos, protests... West Papua Military ties Human rights & law Freedom of expression & press Politics & political parties Labour & migrant workers Environment & natural disasters Health & education Graft & corruption War on terror Extremist & hard-line groups Ethnic & communal conflicts Freedom of religion & worship Sex & pornography Land disputes & evictions Legislation & parliament Jakarta & urban life Armed forces & defense Judiciary & legal system Police & law enforcement Mining & energy Analysis & opinion

News & issues

Disbelief after Tifatul's tweets poking fun at gays and HIV

Jakarta Globe - September 30, 2010

Nurfika Osman, Jakarta – Insulting, offensive, disappointing and illogical – just a few of the words used to describe Communications and Information Technology Minister Tifatul Sembiring after yet another Twitter faux pas.

The minister raised the hackles of gay rights activists with a series of homophobic tweets sent out on Wednesday night, in which he blamed "perverted sex acts" for the spread of HIV/AIDS.

In one tweet, he quoted a passage from the Koran that told of Allah "smiting [homosexuals] with rocks from a burning land."

Another of his tweets, ostensibly meant as a joke, broke down the acronym AIDS into "Akibat Itunya Dipakai Sembarangan," or "What you get for sticking your penis just about anywhere."

Not everyone, however, thought the joke was funny. Merlyn Sopjan, the head of the Malang Transsexuals Association (Iwama), told the Jakarta Globe on Thursday that as a minister and someone in an influential position, Tifatul should not have posted such tweets.

"He should be more careful about the words he uses, because not all people will treat such harsh opinions as a joke," she said. She added that his remarks "insult those living with HIV/AIDS. I'm very disappointed that such a polemic could come from a minister."

Ricky Gunawan, the program director of the Community Legal Aid Foundation (LBH Masyarakat), told the Globe that Tifatul should have used his tweets to educate his followers about HIV/AIDS, not to rant.

"Tifatul is a member of the KPAN [National AIDS Commission], and as a minister he's wholly responsible for matters of information and communication," Ricky said.

"Logically, he should have tweeted useful information about HIV/AIDS, but the comments he made instead were misleading, strongly prejudiced, and stigmatized those living with HIV/AIDS."

Tifatul's religious and moral take on the disease was unacceptable because he was a public official, Ricky added. "It just goes to show that he doesn't understand the issues of HIV/AIDS," he said.

Ricky added that the remarks hurt not only those in the gay community, but also transgenders and intravenous drug users – all high-risk groups for HIV infections.

In response to the uproar caused by his comments, Tifatul posted another tweet on Wednesday night: "Since when are we forbidden to comment on Twitter? Please act like an adult and stop judging."

The minister first waded into the HIV/AIDS quagmire in June when he linked the country's rising rate of infections to growing access to pornography, which he said led to increased promiscuity and transmission of the virus. He also said the money used for HIV/AIDS programs could be better spent elsewhere.

"Every year the state spends Rp 180 billion [$20 million] to deal with the problems caused by [sex outside of wedlock], such as the spread of HIV/AIDS," Tifatul said at the time.

"The budget could actually be reduced and the money allocated for other things that are beneficial to the country."

Indonesia rejects proposal to subject girls to virginity tests

Agence France Presse - September 28, 2010

Jakarta – The Indonesian government on Tuesday dismissed a provincial lawmaker's proposal to force teenage schoolgirls to undergo virginity tests before they can enter state schools.

Women's Affairs Ministry official Wahyu Hartomo said such tests would violate basic human rights and potentially harm the health of young women.

"That kind of test violates human rights and will have serious psychological impacts on students," he said. "It is more effective for our generation to receive moral education from their parents at home, especially with the [bad] influence from the Internet."

Lawmakers in Sumatra island's Jambi province have agreed to drop the idea, which was proposed by local parliamentarian Bambang Bayu Suseno, Hartomo said.

Suseno believes girls should be required to pass virginity tests before they can enter state-funded high schools, citing concerns over pre-marital sex among teenagers in the Muslim-majority country.

Indonesian officials are struggling to balance the country's rapid modernisation, especially the runaway growth of Internet use, with traditional, mainly Muslim values.

President Susilo Bambang Yudhoyono has signed a controversial Anti- Pornography Law, backed filters against online pornography and warned that a "frenzy" of Internet use could tear the nation apart.

Earlier this year police entered classrooms to check teenage students' mobile phones for evidence they had downloaded celebrity sex clips that went viral on the Internet, causing a national scandal.

SBY slammed for clothing, furniture allowance

Jakarta Post - September 25, 2010

Erwida Maulia, Jakarta – President Susilo Bambang Yudhoyono has come under public scrutiny for the second time this week after a budget watchdog disclosed his "lavish" spending on outfits and furniture.

Indonesian Forum for Budget Transparency (FITRA) investigation and advocacy coordinator Uchok Sky Khadafi said in a press statement Thursday that the President received Rp 839 million (US$22,800) from the 2010 state budget to buy new outfits and Rp 42 billion to renew his furniture.

The disclosure of the spending comes only a few days after FITRA's announcement that the President was the largest spender of state funds for overseas working trips compared to other state institutions.

"With the amount allocated, imagine the kind of furniture that will garnish his residence. This is a very lavish behavior showing no sensitivity to the lives of the poor," Uchok said.

He added that the Rp 839 million a year clothing allowance meant the President could afford to spend Rp 16 million on outfits every week. "This is very ironic, considering that those in extreme poverty can hardly buy one item of clothing every year."

FITRA, which claimed it sourced the figures from the State Secretariat's 2010 budget, also criticized the Presidential Palace for the Rp 60 billion renovation of the State Secretariat office building, which is located inside the Palace complex in Jakarta.

The watchdog also slammed a Rp 49 billion allocation for the procurement of road blocks around the Palace complex, and Rp 52 billion for financing VVIP security measures for the President, including plans to further increase this to Rp 81 billion for 2011.

"The national secretariat of FITRA is concerned about this as the President is obviously spending state money in a lavish manner while poor people suffer," Uchok said.

"The President has also been hypocritical: He always asks that people save, yet he himself fails to do the same with the state budget," he added.

FITRA asked the House of Representatives' Commission II overseeing home affairs and state appa-ratus to demand an explanation over the President's use of the state budget and to reduce it when necessary.

State Secretary Sudi Silalahi, however, has been quick to deny FITRA's claims by questioning where the NGO obtained their data. "Why on earth would the President need a budget for clothes, furniture and that sort of stuff?

The President has never used [the state budget] for his own personal interests. The NGO's data is absolutely incorrect," Sudi was quoted as saying by news portal kompas.com.

Earlier this week, FITRA claimed the President used Rp 179 billion for overseas working visits in 2010 alone, arousing much public criticism. It said, however, that it could not expect the House to take the President to task as legislators themselves were the second-highest spenders of the state budget on overseas working visits, many of which have been called unnecessary by critics.

Sex video not hurting candidate in Lombok

Jakarta Globe - September 25, 2010

Fitri, Lombok – Who cares about sex tapes? Not Central Lombok residents, apparently. Suhaili Fadhil Thohir, who starred in a five-minute sex video uploaded on YouTube in May, is well on his way to winning the second round of regional district head elections.

With Lalu Normal Suzana as his running mate, Suhaili is facing the tandem of Lalu Gede Muhammad Ali Wira Sakti and Lalu Elyas Munir Jaelani.

According to a quick count by the local Election Supervisory Committee (Panwaslu), Suhaili had secured 59.38 percent of the votes, while Lalu Gede was far behind at 40.7 percent.

The district elections were generally peaceful on Thursday, but were marred with allegations of cheating. Serijaya, the Panwaslu chief in Central Lombok, said his team had received four reports, with one indicating money politics had been used by Suhaili's camp, which allegedly gave Rp 10,000 each to voters.

Suhaili's team, on the other hand, reported that Ali Wira Sakti's team distributed cigarettes and roosters to voters.

Meanwhile, Suhaili's sex tape case is still being investigated by the Central Lombok Police to determine if the tape's distribution is a criminal violation.

In another scandal tied to sex videos, Peterpan frontman Nazril "Ariel" Irham remains behind bars while awaiting trial for allegedly violating the Anti-Pornography Law. The sex videos, purportedly Ariel with celebrities Luna Maya and Cut Tari, were circulated online in June, resulting in a national scandal.

Watchdog growls over Yudhoyono's alleged wardrobe

Jakarta Globe - September 23, 2010

Nivell Rayda & Camelia Pasandaran, Jakarta – The rumbling voices of opposition to lavish spending by the government grew louder on Thursday when a watchdog claimed the president was budgeted a Rp 893 million ($100,000) clothing stipend for 2010.

The Indonesian Forum for Budget Transparency (Fitra) said the allocation was part of the Presidential Palace's Rp 203.8 billion budget, as stated in the House of Representatives' budget implementation document (DIPA), which details government spending authorized by the legislature.

"This is truly insensitive to the millions of poor people who can't even afford to buy new clothes once a year," said Uchok Sky Khadafi, the advocacy coordinator for Fitra.

Uchok added that the palace had been allocated Rp 42 billion for furniture, Rp 60 billion to renovate the State Secretariat building, Rp 49 billion for security blockades and Rp 52 billion for the president's security detail.

The claim comes amid criticism of overseas trips by House legislators, which have been dismissed as wasteful junkets by watchdogs.

However, State Secretary Sudi Silalahi, a close aide of President Susilo Bambang Yudhoyono, called the wardrobe claim baseless, saying the president used his own money to buy clothing.

"You can ask the head of the Presidential Palace or you can ask me," Sudi said at the palace on Thursday. "Either way, there's no such budget for clothing."

Uchok said the wardrobe budget "allows the president to spend Rp 18 million a week on clothes," and urged the House to remove the stipend from the 2011 budget and slash other proposed expenses by as much as 50 percent.

"The money should be allocated to more useful things such as job creation schemes or to postpone the proposed electricity rate hike," Uchok said. "The reallocation of the budget would not only be meaningful but would create a sense of social justice for the people."

Fitra this week took the government to task over the Rp 19.5 trillion budget for official trips this year, which the government plans to increase to Rp 20.5 trillion for 2011.

The group said the travel budget was shared by 13 state institutions, and included Rp 179 billion for presidential trips and Rp 170 billion for trips by members of the House. The palace has proposed an additional Rp 2 billion for the president's travels, Fitra said.

The group previously criticized Yudhoyono in July for wasting money on trips abroad. The president spent more than Rp 813 billion of state funds on trips between 2004 and 2009 – or about Rp 162 billion a year.

Q! Film Festival

Q!uestions surround gay film festival, rumors of more protests

Jakarta Globe - September 30, 2010

Jessica Harkins, Jakarta – Indonesia's embattled Q! Film Festival continued on Thursday despite rumors of more protests and accusations that it dodged permit requirements to hold the festival.

Though festival organizers are going ahead with film screenings scheduled for Thursday, they have had to cancel Q! Gossip, a debate due to be held tonight, because some participants have withdrawn.

The topic for the debate was to be Queer vs. Media, a discussion on how the media represents the gay, lesbian and transgender community. Festival organizer John Badalu would not say why the participants had pulled out.

He said Jakarta Police had not received any notification that there would be protest activity today, although he had heard rumors there would be demonstrations at Erasmus Huis and the CCF.

The hard-line Islamic Defenders Front, as well as a small group of student protesters from the University of Indonesia have demonstrated against the festival.

Earlier on Thursday, Arie Budiman, head of Jakarta's Tourism and Culture Department said his organization had not received a proposal for the event, meaning the festival had not received the appropriate permits to go ahead. Beritajakarta.com quoted Budiman as saying the event would be stopped.

Badalu told the Jakarta Globe the festival never asked for permits, but it did submit a letter to Jakarta Police about the planned festival. He said it considered the festival events "private screenings" as they were for a limited audience and were free of charge.

FPI browbeats 'liberal infidels' over hosting gay film festival

Jakarta Globe - September 29, 2010

Jessica Harkins, Zaky Pawas & Ismira Lutfia, Jakarta – Fresh from protests against the presence of two churches in Bekasi, the hard-line Islamic Defenders Front has now turned its wrath on a gay and lesbian film festival.

On Tuesday, more than 100 members of the group, also known as the FPI, demonstrated at various foreign-run venues hosting screenings during the two-week Q! Film Festival, which opened on Friday.

A spokesman for the French Cultural Center (CCF) on Jalan Salemba Raya in Central Jakarta told the Jakarta Globe that the protesters – dressed in white robes and turbans, and shouting anti-gay slogans – had gathered outside the center to demand it cancel its participation in the festival.

But the Jakarta Police were quick to remind the public, including the FPI, against violence, saying personal freedoms must be respected. "The important thing is we live together side by side in peace and not interfere with one another," spokesman Sr. Comr. Boy Rafli Amar told reporters on Tuesday.

He added that as long as pornography was not being shown, the police had no problems with the films. "We do not know what movies are being shown. If they contain pornography, that is forbidden of course," he said. "However, if it simply shows the lifestyles of homosexuals or gays, must we really ban this?"

John Badalu, the festival's director, said he was not concerned about safety because the necessary precautions had been taken. "We anticipated this," he said, adding that the FPI had sent each venue a warning letter prior to the festival. He added he was discussing the developments with the venues and festival partners.

In a written statement, the FPI warned the cultural centers involved "not to take advantage of the Indonesian people's hospitality" by organizing "deceptive events that contradict the Constitution and Indonesia's religious and Eastern values."

The group also said "liberal infidels" backed by foreign funding had repeatedly tried to legalize same-sex marriage on the pretext of human rights, freedom and equality.

Hartoyo, an activist from Ourvoice, a gay, bisexual and transgender rights group, told the Globe the FPI's protests were fine as long as they did not turn violent.

"They have the right to believe that the festival is a sinful thing, but they should channel their objections appropriately by filing a complaint with the police," he said.

"Let the authorities process the case through legal channels to determine if the film festival really is against the law." Hartoyo urged the FPI to accept the decision of the authorities, although he said he doubted whether the police would be able to deal with the issue fairly.

"The thing is, the police are afraid of the FPI and can't take a firm stance against the group," he said.

Gay & lesbian community call for support after film cancellation

Jakarta Globe - September 29, 2010

Jessica Harkins, Jakarta – Indonesia's embattled gay and lesbian film festival has been forced to cancel another screening, this time at the Kineforum, the Jakarta Arts Council's cinema, for security reasons a day after members of the Islamic Defenders Front launched demonstrations.

Organizers of two-week Q! Film Festival, which opened on Friday, however, insisted on Wednesday that the event would continue and called for support.

In a statement on its Web site, organizers say the festival will continue with the support of its sponsors, including the venues that have been targeted by FPI protesters.

"That this festival is part of our bid to the public to raise awareness about human rights, particularly from the perspective of gender and sexuality in the human identity... If there are parties who are not in line with the idea of this festival, we advise them to express their thoughts through discussion forums or to initiate a forum such as a festival... that allows the exchange of ideas without fear," the statement said.

More than 100 University Indonesia students, meanwhile, added their voices to those of the hard-line Islamic Defenders Front (FPI), demonstrating outside the GoetheHaus on Wednesday afternoon to demand the festival be scrapped. Jakarta Police were at the venue to ensure the safety of attendees, organizers said.

In the interests of safety, festival organizers have also canceled tonight's scheduled filming of Take Cong Out, a show where men compete to date each other in front of a live studio audience. The filming has been replaced with a screening of the film Pyuupiru, which has featured at a previous festival.

As of 1:20 p.m. the festival's official Twitter feed said scheduled events at Erasmus Huis and the French Cultural Center (CCF) on Jalan Salemba Raya in Central Jakarta would go ahead as planned. One film screening was abandoned on Tuesday.

Islamic hard-liners protest gay and lesbian film festival

Jakarta Globe - September 28, 2010

Jessica Harkins, Jakarta – More than 100 members of the Islamic Defenders Front launched protests against foreign-run venues participating in Indonesia's gay and lesbian film festival on Tuesday.

A spokesman for the Centre Culturel Francais in Salemba Raya, Central Jakarta, told the Jakarta Globe that the protesters – wearing white robes and turbans and shouting antigay messages – had gathered outside the center to protest against the two-week Q! Film Festival, which kicked off on Friday.

The representative said the hard-line group, also known as the FPI, were demanding the center abandon its participation in the film festival. The center was awaiting a directive from the festival organizers before a final decision was made, he said.

Q! Film Festival director John Badalu confirmed the demonstrators had moved from the CCF to the GoetheHaus and then on to the Erasmus Huis, where films and other events were also expected to be screened.

He said he was not concerned about safety, as security precautions had been taken. "We anticipated this," he said, adding that the FPI had sent each venue a warning letter. Badalu is currently meeting with the venues and festival partners to discuss the developments.

A representative from the Dutch government-affiliated Erasmus Huis said they were informed about the expected protests on Tuesday morning.

"The FPI just arrived at 12:10 p.m. We expected them at 9 a.m. this morning. We have contacted police and now the management are currently holding a meeting."

The FPI, on its Web site, said it was fighting to stop the campaign of "adultery, homosexuality and lesbianism in Indonesia" disguised as the gay and lesbian film festival.

They said the film festival was a tool to convert Indonesian youth to become gay and lesbian. "So join us in fighting the endorsers of adultery and sinful acts who have castrated the Indonesian government by using foreign powers and the false pretext of human rights."

Gay film festival opens in Indonesia

Agence France Presse - September 24, 2010

Arlina Arshad, Jakarta – A gay film festival hailed as the biggest in Asia and the only one in the Muslim world kicks off in Indonesia on Friday, hoping to draw 15,000 viewers to screenings and fringe events.

In its ninth annual edition, the Q! Film Festival (www.q-munity.org/) will showcase 150 films from more than 20 countries, including France, Japan and the Philippines, highlighting such issues as gay rights and HIV/AIDS.

Festival director John Badalu said organizers did not expect public opposition but prefer to keep the event low-key due to the "stigma against gays" among conservative sections of the mainly Muslim population. "We don't want to publicise the event in the mainstream local media as they're still very conservative," Badalu said.

Social networking sites such as Twitter (twitter.com/Qfilmfestival) are abuzz with chat about the event, however, signalling it has already achieved one of its chief aims – to "let people know that the queer community exists in Indonesia", he added.

Indonesian Muslims are often categorized as "moderate" but such generalizations, favoured by Western diplomats, upset religious and other minorities who have to endure the daily opprobrium of Islamic conservatives.

In March, a regional gay and lesbian conference was forced to cancel when scores of Islamic radicals stormed the venue and reportedly went from room to room hunting participants.

A month later, Islamic vigilantes burst into a civil rights awareness session for transsexuals held by the National Commission for Human Rights and sent the participants fleeing in panic.

Homosexuality is technically legal in the country of 240 million people but it remains a taboo, especially among the 80 percent of the population who are Muslims.

Lawmakers in deeply Islamic Aceh province last year voted to make homosexuality punishable by up to 100 lashes under local religious by-laws which the provincial government has refused to approve.

Communications Minister Tifatul Sembiring, chief of an Islamic party, in June implied a link between pornography and HIV-AIDS, and questioned whether state funds used to fight the disease could not be better spent.

"The country has dispersed 180 billion rupiah ($20 million) to curb HIV- AIDS. The budget should actually be reduced so the money can be allocated for other things that are beneficial for the country," he told reporters.

Despite these attitudes, Communications Ministry spokesman Gatot Dewa Broto said the central government had given its assurances that the Q! festival could go ahead.

"We have no objections. As long as the content is not too sexually explicit, not too vulgar, we're OK, we can tolerate it," he said.

"This festival has been taking place for many years already. I'm sure the organizers know the do's and the don'ts and consider the ethical and normative nuances in Indonesia," he added.

Organizers are not taking any chances and have taken steps to ensure the festival takes place without incident. Screenings, which are free, will be held in private clubs and foreign cultural centres in six cities, including Jakarta and Yogyakarta.

International backing also provides a protective umbrella and cosmopolitan legitimacy that radical fringe elements would be reluctant to challenge, Badalu said.

"Funding for the festival comes from foreign groups. We hold screenings at foreign centres. The radicals won't dare to attack us. If they do, it's like attacking several countries at one go," he said.

He said Indonesia's "double standards" on issues of sexuality, morality and privacy left space for events like Q! and what organizers jokingly refer to as the "Q-munity."

"Indonesians are generally tolerant towards gays because you see, people have double standards. Some claim to be religious but surf porn Web sites at home, some say no to piracy but still use pirated goods," Badalu said.

"Anyway, whatever happens, we'll still be around. We can't disappear just like that."

Actions, demos, protests...

Undeterred by arrests, rights activists vow to keep protesting

Tribunnews.com - September 27, 2010

Willy Widianto, Jakarta – Thirty or more demonstrators from the Indonesian Association of the Families of Missing Persons (Ikohi) were arrested by police this afternoon for exceeding the agreed limit allowed for a demonstration at the State Palace.

"Yes, there were 30 people arrested because they demonstrated past the stipulated time of 6pm", said Commission for Missing Persons and Victims of Violence (Kontras) impunity and monitoring Division head Yati Indriyani, when speaking with Tribunnews.com on Monday September 27.

According to Indriyani, the 30 are currently undergoing intensive questioning at the Central Jakarta district police station. "Currently [they are] still being questioned by the Central Jakarta district police over administrative issues", she said.

Included among the 30 arrested people were action coordinator Mugiyanto and Ikohi activists Simon, Chris, Uli and Zezen. "Those questioned included me, Mugiyanto, Simon, Chris, Viktor, Uli, Zezen and so forth", said Indriyani.

Indriyani said further that they will not be intimidated by the questioning of the Ikohi activists by police and the activists will continue to hold protest actions tomorrow until they are able to meet with President Susilo Bambang Yudhoyono. "We will coordinate in more detail, the plan is we will still hold an action tomorrow", she asserted.

Earlier this afternoon, scores of parents of activists abducted in 1997- 1998 and other victims of human rights violations from Jakarta and other parts of the country established a "tent of concern" in front of the State Palace on Jl. Medan Merdeka Utara in Central Jakarta.

They demanded that President Yudhoyono take responsibility for implementing the recommendations of the House of Representatives' special committee on the forced disappearance of 97/98 pro-democracy activists, which to this day the president has failed to respond to.

The plan was for them to establish a tent of concern in front of the Palace and stay there concern until Yudhoyono was willing to come out and listen to their demands in person.

According to the demonstrators, the action was a form of disappointment and distrust on the part of the families of victims over what the government has done up until now, particularly in relation to dealing with the missing persons case.

[Translated by James Balowski.]

Rallies across the country mark National Farmers' Day

Jakarta Post - September 25, 2010

Andi Hajramurni, Makassar – Rallies marked National Farmers' Day and the 50th anniversary of the basic agrarian laws on Friday in South Sulawesi.

In Makassar, students, farmers, activists and workers staged rallies at the governor's office and the South Sulawesi legislative building.

The rally at the governor's office was marred by pushing and shoving between public order officers and demonstrators who tried to force their way into the office to meet Governor Syahrul Yasin Limpo. Both office entrances were tightly guarded, forcing protesters to voice their aspirations in front of the office, causing heavy traffic congestion.

The demonstrators expressed concern over the welfare of farmers and farmhands still living below the poverty line despite their roles in providing food for the people.

"Today, we commemorate Farmers' Day and the 50th anniversary of basic agrarian laws, but the fate of farmers and farmhands in Indonesia remains deplorable," protester Mukhtar said while addressing the crowd.

The protesters also demanded the government discontinue seizures of customary land, especially by the military and police, which eventually led to disputes and forced removals imposed upon traditional communities.

"Stop seizing customary land and stop involving the military and police in land or agrarian disputes because it victimizes civilians," protester Ancu said.

The demonstrators urged the government to form an agrarian agency to implement land reform in Indonesia. They also expressed their opposition to the draft law on land acquisition for development.

They urged the governor to issue policies that would favor farmers, especially women working in the agricultural sector in South Sulawesi.

In Bandarlampung, rallies were staged by the Indonesian Farmers' Union (SPI) and the Street Parliament Alliance. They urged the government to review basic agrarian laws that disadvantage common farmers.

Demonstrators addressed the crowd at three points – the Adipura Monument, the Lampung legislative building and the Lampung National Land Agency. No significant or fundamental land reform changes have taken place in Indonesia, rally coordinator Muchlasin said.

In Blitar, East Java, around 200 people calling themselves Pemanas, or National Farmers and Students, rallied at the Blitar regency administrative office on Friday demanding resolution of land issues in the area.

"Many land disputes have not been resolved and have deprived farmers of farmland," rally coordinator Jaka Wandira said, as quoted by Antara.

Some 35 land disputes remained unsettled in the regency, he said, adding that the disputed areas involved around 2,500 hectares of land located on the slope of Mount Kelud and the southern coast of Java, involving villages such as Nyamil and Serang in Panggungrejo district, and Ngeni and Ngadipuro villages in Wonotirto district.

West Papua

Ministers in flying visit to audit state of restless Papua

Jakarta Globe - September 29, 2010

Camelia Pasandaran & Nivell Rayda, Jakarta – President Susilo Bambang Yudhoyono has dispatched his three coordinating ministers and their officials on a quick trip to Papua as part of his promised audit of conditions in the troubled province.

He told them to use their two-day trip to evaluate the implementation of his 2007 instruction to accelerate development and improve people's welfare in Papua.

Yudhoyono said the central government had to ensure that the necessary programs and policies were being implemented by the governor and the regional governments.

"The evaluation will enable us to see which programs are running well and which are not," he said. "If they are not being run well we must find out who is responsible so that we can tell them they must do better."

Several international and local human rights organizations have charged that development in Papua is slow and uneven and that human rights violations are continuing in the province.

Some local organizations have also demanded a referendum on self- determination for Papua, or even independence, and these demands have been transmitted to the government in Jakarta by the Papuan People's Assembly.

Officials have pointed out that Papua already receives the lion's share of the regional budget. But local organizations say the money is not being used to improve conditions.

They say the central government needs to tackle the issues of rampant corruption and the ever-widening gap between natives and migrants.

Yudhoyono said the three ministers would evaluate the implementation of the special autonomy status that was meant to lead to security, justice and welfare for Papua and West Papua.

"We have chosen the welfare approach to solve problems in Papua and West Papua," the president said. 'But welfare should be backed up by the economy, security and law enforcement in the region."

Yudhoyono has expressed concern about overseas criticism of Papua's development. "So, once more, we want to ensure that the people's welfare and economic development are running well," he said.

"I will receive a complete report on the evaluation to ensure that the future steps of both the central and local governments will be more effective in solving the problems and enhancing our brothers' welfare in Papua."

Leaders in Papua remain skeptical that the evaluation will lead to real action in empowering the people politically and economically, which in turn would help suppress the growing resentment toward Jakarta.

"There have been visits by high-level officials to Papua before but they only ever talk to local government officials and not Papuan elders, academics and nongovernmental groups," Benny Giay, a member of the Papua Presidium Council, told the Jakarta Globe.

He said local officials had not provided these visitors with correct and comprehensive views about the situation in Papua. Benny said Jakarta must talk to every element of society and conduct visits to remote villages.

"People in the mountains and jungles are malnourished, poor, unemployed and have no real access to education," he said. "They are plagued with diseases, while the environment they live in has been destroyed by mining and logging companies."

A report published by the University of Sydney's Center for Peace and Conflict Studies in July said that trillions of rupiah channeled to Papua as part of the special autonomy program was being used to finance the operations of government offices and not on programs to develop social welfare.

Ikrar Nusa Bhakti, a senior researcher at the Indonesian Institute of Sciences (LIPI), said that migrants coming to Papua from Java and elsewhere had better work opportunities and wider access to education than natives, which created social and economic disparities.

But he also said that dialogue with the government may be difficult because of the nature of Papua's decentralized population. "Finding a figure who can be accepted collectively to speak for most Papuans is difficult," Ikrar said.

House says information facilities vital to Indonesian unity

Jakarta Post - September 29, 2010

Jakarta – The House of Representatives urged the government on Tuesday to establish information commission offices across Indonesia in efforts to preserve national unity.

Hayono Isman, the deputy chairman of House Commission I overseeing information, said access to public information was vital to people's trust in each other and the (Indonesian) government.

Particularly important was the establishment of an information commission in Papua, whose indigenous population had overtly rejected Indonesian state rule, Hayono said.

The establishment of the offices is mandated by the law on access to public information, but only a few provinces already have them. Indonesia was facing a rebellion of the Papuan people, he said.

"We need to make Papuans feel that they are [Indonesian] and the commission can play a vital role in this," Hayono said as quoted by tempointeraktif.com.

Hayono said he hoped the information commission offices would do their best to help corruption eradication campaigns. "They should become the engine in the fight against corruption".

US Congressman says Pacific shouldn't turn back on Papua

Radio New Zealand International - September 28, 2010

American Samoa's US congressman, Faleomavaega Eni Faleomavaega says the Pacific should not turn its back on the Indonesian region of Papua.

Last week as chairman of the Sub-Committee on Asia, the Pacific and the Global Environment, Faleomavaega hosted a hearing of the US Congress on the issue of ongoing human rights abuses in Papua.

He says more than 50 Members of the Congress have added their voices to a call for President Obama to make the issue of Papua one of his highest priorities when he visits Indonesia.

Faleomavaega says the nations of the Pacific cannot ignore the reports of human rights abuses from Papua.

"And I just feel that these people are part of our region. As much as I remember many of our Samoan ancestors were missionaries and became ministers and brought Christanity to these Papuan people, so I consider them my brothers and sisters and we should do all we can to help them."

Meanwhile, Indonesia's Ambassador to the US, Dino Patti Djalal, has dismissed the Congress meeting, saying few people attended and the US government shouldn't change its stance.

Faleomavaega says Ambassador Djalal's attitude is typical of Indonesian indifference to the serious concerns raised at the hearing.

Police dispatch 140 personnel to Puncak Jaya

Jakarta Post - September 27, 2010

Jayapura – A new detachment of 140 Mobile Brigade personnel from Bogor, West Java, has been dispatched to Puncak Jaya.

The personnel, who are replacing another 102 who have been on for the past four months, were received by Papua Police chief Insp. Gen. Bekto Suprapto at Sentani Airport on Saturday.

"If there are any disturbances, pursue [the perpetrators] and bring them in," Bekto said.

Four civilians and two police officers have been killed in the Puncak Jaya area in 2010. The local authority have yet to arrest anyone in relation to the deaths.

US concerned about Indonesia's attitude to West Papua

Radio Australia - September 27, 2010

Serious concerns have been raised in the United States about the treatment of West Papuans under Indonesian rule. For the first time a US Congress hearing has been dedicated to the issues affecting the Melanesian province.

Representatives were told of ongoing human rights abuses and heard accusations that Indonesia is failing to grant West Papua the special autonomy it promised 9 years ago. Leading the hearing was American Samoa's Congressman, Eni Faleomavaega, who is also chairman of the US House Committee on Foreign Affairs Subcommittee on the Asia-Pacific and the Global Environment.

Presenter: Helene Hofman

Speaker: Eni Faleomavaega, American Samoa's Congressman

Faleomavaega: To my knowledge this is the first time that the United States Congress has ever held a hearing on the whole question of West Papua, just everything and it's history and how the whole situation came about, especially during the time of the colonial ruling of the Dutch and then how it was militarily taken over by the rulings of Sukarno as well as Suharto by the Indonesian Government.

Hofman: So the US has two main concerns, as I understand it, and one is the push for independence and the other is human rights violations?

Faleomavaega: No, the issue of independence has always been part of the thinking of some of the people among the West Papuans. I have been following this issue now for well over 10 years and I felt that given the number of years that we have been trying to work with Jakarta, especially when it announced that it was going to provide a special autonomy law for the people of West Papua since 2001 and the hope was that to give the people of West Papua more autonomy. Well nine years later, there has not been much movement in granting more autonomy for the people of West Papua. There are those of us who expressed concerns about the rights of the people of West Papua and in that regard, we have been following this issue for a number of years and hopefully Jakarta will be responsive to our questions and our concerns.

Hofman: I understand there has been some issue about the human rights violations as well. I know you for one have been wanting to refer to it as a genocide, something which there is some opposition to in the United States?

Faleomavaega: Well, this has been an issue that has been ongoing. Before East Timor was granted its independence, the Indonesian military tortured and murdered some 200,000 East Timorese. The Indonesian military did the same thing to some 100,000 West Papuans and that's just a real conservative estimate on the killings that took place by the Indonesian military over the years. Some estimates go as high as even 200,000 West Papuans have been murdered and tortured and killed mercilessly by the military. So, yes, there are questions of genocide. I am very, very concerned that this continues and we just wanted to make sure that these people are treated fairly.

Hofman: What can the US do about this? You've had the special hearing now. What is your hope of what might eventuate?

Faleomavaega: Well, our system of government is quite different from the parliamentary systems and in our system Congress is a co-equal branch of the administration and we work together. We all know that Indonesia is the largest Muslim country in the world. It's just recently tried to involve itself in becoming a democracy and all of that we all support. But at the same time, it leaves itself with this legacy of what they have done to the West Papuans, first under the colonialism by the Dutch, now another colony colonise these people again with the promise that they are to be treated as Indonesian citizens. But yet because these people have no cultural, ethnic, historical connection whatsoever to the Indonesians, or you want to say the Javanese, those who live on the mainland of Indonesia. These people are Melanesians and culturally, there is a real, real concern that these people are becoming more and more a minority group within their own lands and their own part of the world and there is some very serious concerns as to what's Jakarta doing about this.

Hofman: But what exactly can the US do? Why would the Indonesians decide to listen to the US?

Faleomavaega: Indonesia doesn't have to listen to the US. But I am sure that perhaps may be other countries of the world will see. Hey, we can say the same thing about apartheid, on the issue of South Africa, what happened to them. If the world did not put pressure on the South African country to change its ways, and of course the bigoted policy of apartheid, nothing ever would have happened and I think what we need to do is to give attention to this in the same way that the United Nations gave attention to the pleas of the problems that the people of East Timor went through.

Hofman: So what's the next step after this hearing?

Faleomavaega: Well, the hearing is part of the process. This is how our American system of government operates. We hold oversight hearings and on the eve of our elections coming up in November, there may be changes in the Congress and we will cross that bridge when we get there and if I get re- elected, I can promise you I will continue raising this issue, not only with Jakarta, but also in the Congress as well as with the United Nations. We need to pay more attention to the problems that the people of West Papua currently face.

Advocate calls on NZ to push 'Bougainville solution' for Papua

Pacific Scoop - September 25, 2010

Geoffrey Bell – New Zealand needs to follow the "Bougainville solution" and facilitate peaceful dialogue between representatives of Indonesia and West Papua instead of supporting the status quo and ongoing repression of West Papuans, says a spokesperson for the Indonesia Human Rights Committee.

Maire Leadbeater of the IHRC has criticised New Zealand's diplomatic role in the latest edition of the New Zealand International Review by saying "there are strong reasons to oppose the aid that is given to the most repressive forces in Indonesian society – the police and the military".

In the review, Leadbeater gives a rundown of New Zealand's historically "private" and "public" positions with Indonesia, and calls for a new diplomatic approach by the New Zealand government.

"There is still time for New Zealand to make a new beginning and put the aspirations of the Papuan people first, before the need to please Indonesia," says Leadbeater.

"This is the moment when the Papuan people urgently need international advocates to support their call for a genuine dialogue that can address all the problems in West Papua including the 'forbidden' topics of political status and West Papua's troubled history."

One of West Papua's strongest advocates, Vanuatu, recently showed its support for West Papuan independence leading up to the Pacific Islands Forum, but the host country's message did not eventuate.

Australia West Papua Association spokesperson Joe Collins says Vanuatu "would have come under pressure from Australia, Indonesia and Papua New Guinea not to raise it at the Pacific Islands Forum".

Clarify position

Vanuatu foreign ministry official Jean Sese did not respond to requests to clarify the country's position regarding West Papuan independence following the PIF meeting.

Leadbeater says while there is currently no offer from the New Zealand government to mediate talks between representatives of Indonesia and West Papua, she is confident New Zealand could draw on similar diplomatic tools which helped to resolve the 10-year Bougainville civil war.

But this may be a long way off as the Minister of Foreign Affairs, Murray McCully, says New Zealand does not support independence in West Papua.

"New Zealand recognises Indonesia's territorial integrity – language which conveys New Zealand's acceptance of Indonesia's sovereignty over all existing territories, including Papua and Papua Barat, consistent with the charter of the United Nations."

McCully says New Zealand recognises Indonesia's territorial integrity because of the "enduring interest each country has in the unity, stability, security and prosperity of the other".

Collins says New Zealand's position is not surprising as most of the world recognises Indonesian sovereignty over West Papua.

"They accept the so called 'act of free choice' no matter that it was a farce, says Collins. "Most countries don't support 'separatism' as a lot of countries have their own minorities and would be worried about their minorities breaking away."

UN Covenant

Bob Corn from the UK-based Aylesbury Group, an arm of Amnesty International, says all governments need to be reminded of Article 1 of the United Nations International Covenant on Economic, Social and Cultural Rights which gives an unequivocal statement on self-determination.

Article 1 states: 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realisation of the right of self- determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

"The New Zealand Government (as well as the UK, USA et al) seem to have ignored, forgotten or somehow have never taken on board a very direct covenant," says Corn.

In response to allegations of genocide in West Papua, McCully says New Zealand supports the full implementation of the 2002 Special Autonomy Law on Papua.

"Under the bilateral development assistance programme with Indonesia, New Zealand also plays an active role in addressing the challenges of poverty and conflict in these regions," says McCully.

Lack of concern

Edmund McWilliams of the US-based West Papua Advocacy Team says: "We need to force our governments to acknowledge that Special Autonomy cannot provide cover for their general lack of concern for what has, and is, transpiring in West Papua."

McWilliams says the West Papua Advocacy Team has been trying to undermine supporters of Indonesian territorial integrity by uncovering fraud, policies, actions and proof of genocide from government officials.

"Our thinking is that getting all this on record will at some point make the position of unquestioning support for Indonesian territorial integrity unsustainable," says McWilliams.

[Geoffrey Bell is a Postgraduate Diploma in Communication Studies student on the Asia-Pacific Journalism course at AUT University.]

Police at fault for deadly incident get sanctions

Jakarta Post - September 25, 2010

Jayapura – Eleven Mobile Brigade personnel blamed for a recent deadly incident in Manokwari have been handed sanctions.

On Sept. 15, a traffic accident escalated into a brawl in which two civilians were killed.

"Four of the 11 were sentenced to 21 days in custody and have had their promotions suspended, and the other seven received 14 days in custody and promotion suspensions," Papua Police spokesman Sr. Comr. Wachyono said Friday.

The incident occurred when a motorist hit a pedestrian and then fled to a nearby police station as a an angry group of residents bore down on him.

The two police on duty attempted to diffuse the situation, but were set upon by the mob. The officers fought back, firing several shots into the crowd, killing two.

US Congress hears of Papua's woes and hopes

Jakarta Post - September 24, 2010

Arghea Desafti Hapsari, Jakarta – Papuans told the US Congress at a hearing on Wednesday of the struggle to have their rights acknowledged by the Indonesian government.

University students who visited The Jakarta Post on Wednesday said hundreds of young Papuan activists would mark the congressional hearing on the resource-rich province's woes and hopes by staging rallies in Jakarta, Makassar, Wamena, Jayapura, Sorong and Biak on Thursday.

In a rare instance of foreign notice of Indonesia's easternmost province, several Papuan activists and academics told the representatives about the state of the province's "special autonomy", the role of the Indonesian Military and the overall political impasse in the area.

The hearing, hosted by the Asia, the Pacific and the Environment subcommittee of the US House Committee on Foreign Affairs, took place on Wednesday afternoon, or Thursday morning in Jakarta.

Salamon Maurits Yumame, a former member of the Democratic Forum for Unitary Papua (Fordem) told representatives that the special autonomy granted to the province in 2001 failed to place Indonesian security forces under the control of elected local and regional leaders. Security forces have a separate command structure and budget, he added.

Henkie Rumbewas, an international advocate for the Australia West Papua Association, told representatives about the deaths of his friends and family members at the hands of the Indonesian Military.

He said he was seven when he saw his father taken away by soldiers for treason. Several years later, his two uncles disappeared without a trace while in military custody. He told of the death of a cousin who had promoted Papuan culture through a music group.

The subcommittee also heard the testimony of Octovianus Mote, a Papuan refugee who now resides in America. Papuans have lost faith in the will of the Indonesian government to resolve long-standing grievances, Octovianus said in a statement.

He said that among the gripes faced by Papuans were autocratic rule by distant officials in Jakarta, security forces that continued to operate with impunity and laws that limited basic political and religious freedoms.

He also criticized the central government for its implementation of regional autonomy. "The distribution of the revenue that has flowed back from Jakarta following the implementation of the autonomy law has been mismanaged. As a result, the primary beneficiaries of the autonomy funds are a group of Papuan elites who hold various positions in the government bureaucracy," he said.

The congressional hearing was initiated by Eni Faleomavaega, who represents American Samoa and has long taken an interest in Papua. Faleomavaega said he thought that Jakarta had waged "genocide" against Papuans, who, in contrast to most Indonesians, are ethnically Melanesian.

"The fact that Indonesia has deliberately and systematically committed crimes against humanity and has yet to be held accountable is indisputable," Faleomavaega said as quoted by AFP.

Indonesian Ambassador to the US Dino Patti Djalal said in a letter to Faleomavaega that he recommended differentiating between parties who cared about the situation in Papua and those who wanted to manipulate the US House of Representatives into supporting separatism in the region.

"What is happening in Papua is just a part of a democratization process that has been taking place all over Indonesia over the last 10 years. Most importantly, self-government and regional autonomy are now going well in Papua," he said as quoted by detik.com.

Henkie said he hoped his testimony would not be a showcase of indigenous people and would prompt firm action from the US Congress and government to end its support of the Indonesian military".

America to probe Papua abuse claims, pushes autonomy

Jakarta Globe - September 23, 2010

Nivell Rayda, Banjir Ambarita & AFP, Jakarta – The United States on Wednesday urged Indonesia to move forward on autonomy for Papua but warned it would not overlook cases of injustice and human rights violations.

Testifying at a congressional hearing in Washington on Wednesday, senior US officials pledged to investigate abuse allegations in Papua but said there was no evidence to back charges of systematic killings of Papuans.

Joseph Yun, US deputy assistant secretary of state for Southeast Asia, said Washington opposed separatism in Papua and West Papua provinces but supported more thorough autonomy.

"If the 2001 Special Autonomy Law can be fully implemented, we believe that a lot of frustration currently felt by Papuans would decrease," Yun said.

"While Indonesia's overall human rights situation has improved along with the country's rapid democratic development, we are concerned by allegations of human rights violations in Papua and continuously monitor the situation."

The congressional hearing was called by Eni Faleomavaega, who represents American Samoa and has a long-held interest in Papua.

In an unusual scene for staid Capitol Hill, the congressman invited Papuans wearing feathered headgear to perform a traditional dance at the hearing's onset.

Faleomavaega said he considered Jakarta to be waging "genocide" against Papuans. "It is indisputable fact that Indonesia has deliberately and systematically committed crimes against humanity and has yet to be held accountable," he said.

Robert Scher, deputy assistant secretary of defense for South and Southeast Asia, said allegations of human rights violations in Papua were taken "very seriously."

"However, we have not yet seen any evidence to suggest that the incidents under discussion are part of a deliberate or systematic campaign" by Indonesia, he said.

The inquiry also heard testimonies from a number of Papuans and academics.

In his testimony, Eben Kirksey, from the City University of New York, highlighted the failure of the special autonomous status granted by Jakarta in 2001 to suppress calls for independence after the fall of former president Suharto in 1998.

He said autonomy had failed to create stability in Papua, instead leaving Papuans marginalized due to lack of education, access to health and equal work opportunity.

Autonomy was designed to create more economic independence and channel a larger share of royalties from the logging and mining industries back to the province.

A recent study by the University of Sydney's Center for Peace and Conflict Studies, however, said funding that was meant for health and education had been swallowed up by public servants' salaries, building projects and even local military operations.

On Thursday, hundreds in Jayapura rallied in support of the hearing, calling for an international-sponsored referendum for the region's independence.

Police closely watched the rally in anticipation of a riot or the raising of the banned Morning Star flag, a symbol of the separatist Free Papua Movement.

US Congress holds open hearing on alleged abuses in Papua

Jakarta Globe - September 23, 2010

Nivell Rayda, Jakarta – The United States Congress on Wednesday held an open hearing on Indonesia's alleged military abuses in Papua as well as the harsh economic, health and social condition of its people.

The inquiry, staged in Washington DC on Wednesday afternoon local time, heard testimonies from a number of Papuans and academics, including Nicholas Simeone Messet, a former member of the Free Papuan Movement (OPM).

Henkie Rumbewas, an international advocate for the Australia West Papua Association told the US Congress, chaired by Congressman Eni Faleomavaega, that the Indonesian military was largely responsible for the deaths of many of his closest colleagues and family members.

Rumbewas, who now resides in Australia, said that he saw his father taken to prison for treason when he was only seven, while two of his uncles were kidnapped by the military after being persuaded to surrender their armed struggle against the Indonesian government.

"The two uncles mentioned above are just examples of many other West Papuans in other areas who lost their lives during Indonesian military operations in the early 1960's," he said, adding that the fate of his uncles was unknown.

However, it was the death of a close friend, Arnold Ap, which sparked him to speak out against human rights abuses in Papua in the international arena.

"The military government saw that Arnold Ap was promoting the Papuan culture and that it was popular among the West Papuan people. In April 1983, Arnold was murdered along with his cousin Eduard Mofu and two other West Papuans in his [music] group," he said in his testimony.

"Their bodies were badly tortured, burnt, and thrown on the beach near the town of Jayapura. The military perpetrators of this crime were promoted following this murder."

In her testimony before the Congress, Eben Kirksey from the City University of New York highlighted the failure of the special autonomous status granted by Jakarta in 2001 to suppress calls for independence after the fall of former president Suharto in 1998.

Kirksey said that the status had failed to create stability in the provinces of Papua and West Papua, instead leaving Papuans marginalized due to lack of education, access to health and equal work opportunities.

Octovianus Mote, president of the Papua Resource Center, said the law stipulating special autonomy, drafted after hundreds of Papuan representatives met former president BJ Habibie in Jakarta in 1999, did not meet aspirations of the Papuans.

"Earlier drafts of the bill contained many specific provisions that were lost in the final version," Mote told the inquiry. "The final autonomy bill kept the status quo with respect to security policy. The police and military forces in West Papua continue to operate without any direct civilian oversight."

Autonomy was designed to give larger economic independence and meant that a large portion of the royalties received from the logging and mining industries were channeled back to the province.

A recent study by the University of Sydney's Centre for Peace and Conflict Studies, however, said money that was supposed to be allocated to health and education expenditure was swallowed up in public servants' wages, in buildings and even in funding local military operations.

Papuan activists held rallies in Makassar, South Sulawesi and Jakarta on Thursday morning as the hearing took place in Washington.

Two students in Wamena, Papua, were arrested on Wednesday afternoon for distributing flyers about the rallies, it was alleged.

United States calls on Indonesia to advance Papua autonomy

Agence France Presse - September 23, 2010

Shaun Tandon, Washington – The United States called Wednesday for Indonesia to move forward on autonomy in its Papua region and insisted it would not overlook human rights as it seeks broader relations with Jakarta.

Testifying in a first-ever congressional hearing on the long-simmering conflict, senior US officials pledged to investigate abuse allegations in Papua but said there was no evidence to back charges of genocide.

Indonesia in 2001 introduced autonomy in Papua but local activists say that the law has half-hearted and not improved their rights.

Joseph Yun, the US deputy assistant secretary of state tasked with Southeast Asia, said that the United States opposed separatism in Papua province and neighboring West Papua but supported a more thorough autonomy.

"If the 2001 Special Autonomy Law can be fully implemented, we believe that a lot of frustration currently felt by Papuans would decrease," Yun said.

"While Indonesia's overall human rights situation has improved along with the country's rapid democratic development, we are concerned by allegations of human rights violations in Papua and continuously monitor the situation," he said.

President Barack Obama's administration has identified Indonesia as a priority, believing its size, democratization and moderate brand of Islam make it an ideal US partner.

In July, the United States resumed military ties with the elite military unit Kopassus, which was involved in many of the darker chapters of Indonesia's past.

Indonesia took over Papua in 1969 and has faced a low-level insurgency. Human Rights Watch says that Indonesian forces have pursued indiscriminate sweeps on villages, sometimes killing civilians, and imprisoned activists for peaceful expression.

The congressional hearing was called by Eni Faleomavaega, who represents American Samoa and has long taken an interest in Papua. In an unusual scene for staid Capitol Hill, the congressman invited Papuans wearing feathered headgear to perform a traditional dance with drums at the hearing's onset.

Faleomavaega said he considered Jakarta to be waging "genocide" against Papuans, who in contrast to most Indonesians are ethnically Melanesian.

"It is indisputable fact that Indonesia has deliberately and systematically committed crimes against humanity and has yet to be held accountable," he said.

Robert Scher, the deputy assistant secretary of defense in charge of South and Southeast Asia, said that the United States takes allegations of human rights violations in Papua "very seriously." "However, we have not yet seen any evidence to suggest that the incidents under discussion are part of a deliberate or systematic campaign" by Indonesia, Scher said.

Faleomavaega said that he did not blame Indonesian President Susilo Bambang Yudhoyono over Papua and voiced support for a US relationship with the world's largest Muslim-majority nation.

"I sincerely believe that President [Yudhoyono] really wants to reach out and help the people of Papua. I also fully understand that he is under constraints – a lot of pressure is coming from other sectors of the Indonesian community," he said.

Appearing before the panel, activist Octovianus Mote, president of the Papua Resource Center, said that the autonomy package was toothless.

"The botton line issue is that civilian officials have failed to establish meaningful and authoritative control over the unruly armed forces, which continue to operate with impunity," he said.

Military ties

Smith defends relations with Kopassus

Australian Associated Press - September 29, 2010

Defence Minister Stephen Smith has defended Australia's involvement in a joint training exercise with Indonesia's controversial special forces Kopassus.

Australia needed to maintain security cooperation with Indonesia, and Kopassus had come a long way from an era of human rights abuses, he said.

The elite Special Air Service Regiment recently conducted a training exercise with a unit of Kopassus responsible for counter-terrorism.

Australia's involvement prompted criticism from Indonesia's National Human Rights Commission which said Kopassus needed human rights not military training.

Mr Smith said Australia was well aware that in the past there had been human rights breaches by people associated with Kopassus.

The practice of Australian governments for a long period of time had been to minimise contact with anyone in Kopassus subject to human rights breach allegations or accusations.

"But Indonesia and Kopassus have come a long way," Mr Smith told Sky News on Wednesday. "We are now dealing with a modern Indonesia."

Australia officially resumed training with Indonesian special forces in 2005 and since then has participated in a a series of activities. That followed an extended break following the breakdown of relations over Australia's role leading the mission to East Timor.

Defence links between Australian and Indonesia had grown steadily through the 1980s and 1990s, mainly between Kopassus and the SASR.

Cooperation with Kopassus has always been controversial because of the organisation's long and well-documented history of killings and abuses in East Timor, Aceh and West Papua.

Home grown criticism of Kopassus forces

Radio Australia - September 29, 2010

Indonesia's National Human Rights Commission has criticised Australian training for the controversial Special Forces unit, Kopassus.

Soldiers from Australia's SAS and Kopassus are wrapping-up counter terrorism training after a hostage rescue exercise on Bali. Australia's commander of Special Forces says Kopasuss is working hard to overcome concern about human rights abuses that have blighted its record. But Indonesia's Human Rights Commission says Kopassus needs human rights training, not combat drills.

Presenter: Matt Brown

Speakers: Nur Khollisnational, Human Rights Commission Vice Chairman; Oktovianus Pogau, Papuan activist

Matt Brown: The National Human Rights Commission was established by the Indonesian Government to highlight serious abuse. In the past it's investigated and found members of Kopassus implicated in major crimes. It says Kopassus is changing.

But vice chairman, Nur Khollis, says the counter terrorism training provided to Kopassus by Australia's SAS isn't part of the solution.

(Nur Khollis speaking)

"I don't think Kopassus needs it right now" he says, "because the most important thing for this highly skilled unit is the knowledge of human rights. This is the main problem in several cases."

(Papuan activists protesting)

Papuan activists, protesting against human rights abuses in their province, have a similar plea.

(Oktovianus Pogau speaking)

"We respectfully request the Australian Government to stop the cooperation with Kopassus", Papuan Student Oktovianus Pogau, says. "Kopassus mistreats people in Papua right now".

(Kopassus shooting exercise sounds)

The Australian training involved close quarters battle yesterday in Bali's international airport as Kopassus soldiers killed mock terrorists with ease and rescued their hostages.

(Kopassus shooting exercise sounds)

Several Australian soldiers were amongst the assault team. Supporters of the training have argued it doesn't legitimise or bolster Kopassus as a whole because it's focused on Detachment 81, the counter terrorism unit. But the idea that it's sealed off from other sections of Kopassus is a fiction.

The ABC has learned that last week, while the SAS was training Detachment 81 for their exercise, another group of officers was in Bali, studying the terrain. They weren't from Detachment 81, they were from Sandi Yudha the much feared covert warfare and intelligence unit of Kopassus.

For decades the unit has targeted separatists and democracy activists alike. And a week ago, in Bali its members were at the airport, preparing the way, mapping the terminal and gathering intelligence for their joint exercise with the SAS.

(Kopassus shooting exercise sounds)

As Kopassus prepares for renewed assistance from the United States military it's reaching out to the National Human Rights Commission for training in civil rights. It's part of an effort to satisfy American conditions on deeper ties.

The Commission is keen to oblige but vice chairman Nur Khollis warns real change won't be easy.

(Nur Khollis speaking)

"I think the most difficult thing to change is the paradigm," he says, "it's about learning, an ethos which develops within an organisation, this takes a long time."

He says the Commission's efforts to bring human rights abusers to justice have been met with a barrier of resistance and inaction, stretching from Kopassus all the way to the President of Indonesia.

Australian, Indonesian military exercise at Bali airport

Jakarta Globe - September 28, 2010

Bali – Soldiers from the Indonesian Military's controversial Special Forces and the Australian Army's Special Air Service held joint antiterror operations at Bali's Ngurah Rai International Airport on Tuesday.

Maj. Gen. Lodewijk Friedrich Paulus, head of the Special Forces (Kopassus) said the location was selected because it was the main gateway for foreign tourists entering Indonesia.

The exercises, involving 50 Kopassus soldiers, 20 SAS troops, six helicopters, dozens of trail bikes and number of Army combat vehicles, centered around the 15 'terrorists' who managed to infiltrate the airport and take a number of people, including foreign nationals, hostage.

The exercise ended when soldiers masquerading as caterers. Paulus said the exercise had been conducted a number of times in both countries.

SAS Commander Maj. Gen. Tim McOwan told the Jakarta Globe that Kopassus was a "professional" outfit. McOwan was quoted by ABC News as saying that the SAS was training Kopassus because it was the best unit to respond to a threat that could claim Australian lives.

"In my experience Kopassus are working assiduously to redress some of their past transgressions," he said, referring to past human rights abuses. Paulus is pressing for urban warfare training in Australia next year, the ABC reported.

Human rights & law

September 30 reconciliation summit planned

Jakarta Globe - September 29, 2010

Markus Junianto Sihaloho, Jakarta – The People's Consultative Assembly on Wednesday announced plans to bring together descendants of those involved in the alleged Sept. 30, 1965, coup attempt, as well as former political prisoners detained in its wake.

The "National Gathering" is planned for Oct. 1 and is to be hosted by the assembly and the Children of the Nation Reconciliation Forum (FSAB). The FSAB promotes reconciliation among those affected by the 1965 tragedy and the anticommunist purges in the years after.

FSAB chairman Suryo Susilo said he hoped the event would promote reconciliation and reduce calls for legal settlements related to the supposed coup and its aftermath. "Indirectly, we are moving on with actual and factual cultural steps, rather than with a settlement through legal procedures," Suryo said.

More than half a million people died during the years of purges against communists and their sympathizers, who were accused by the authorities of having launched a coup that killed six military generals. Hundreds of thousands more were arbitrarily arrested and jailed for years.

"We'll show our commitment that we don't want to be enemies or be in conflict with one another again," said Amelia Yani, the daughter of former military chief Gen. Ahmad Yani, who was slain during the events of Sept. 30.

"What happened to our parents is now in the past. People shouldn't be suspicious of one another when dealing with the 1965 tragedy, because the descendants of the victims are now at peace."

The tragedy has for years stigmatized the families and descendants of communists and their sympathizers.

Families of missing activists still not being given voice...

Kompas - September 30, 2010

M. Hernowo - On September 28, 2009, a House of Representatives (DPR) plenary session decided to accept the recommendations of the Special Committee on Missing Persons on the results of an investigation into the forced disappearances of activists in 1997-1998.

In order to commemorate the decision which was made exactly one-year old on Tuesday September 28, human rights activists together with victims and their families visited the DPR building in Jakarta to demand the implementation of the DPR special committee recommendation. They included, among others, Mugiyanto (an abduction victim who was later released), Toeti Koto (the mother of Yani Afrie, an abduction victim still missing), Nurhasanah (the mother of Yadin Muhidin, still missing) and Utomo Rahardjo (the father of Petrus Bima, also still missing).

They were accompanied by members of the DPR's Commission III for Legal Affairs T. Gayus Lumbuun and Ichsan Soelistio (Indonesian Democratic Party of Struggle faction), Nasir Djamil (Justice and Prosperity Party faction) and Ahmad Yani (United Development Party faction).

Two DPR members from the Greater Indonesia Movement Party (Gerindra) faction, who were also victims of the abductions but later released, Pius Lustrilanang and Desmond J. Mahesa, were not present.

Mugiyanto said that the DPR's recommendations on the missing persons case is in fact complete. The recommendations were to form an ad hoc human rights court, find the 13 activists that are still missing, rehabilitate and provide compensation to the victims and ratify the UN Convention on Forced Disappearances.

"In the short-term the step we are waiting for is finding our 13 colleagues who are still missing", said Mugiyanto. The abducted activists who are still missing are Yani Afrie, Yadin Muhidin, Sony, Herman Hendrawan, Dedi Hamdun, Noval Alkatiri, Ismail, Suyat, Petrus Bima Anugrah, Wiji Thukul, Ucok Munandar Siahaan, Hendra Hambali and Abdun Naser.

"For 12 years we have fought for truth and justice, but have not yet obtained it. We hope that the DPR will continue to monitor what follow up actions are taken by the government on the special committee's recommendations", said Utomo.

Lumbuun said, "We respect and understand your presence. However, our time is limited because we have to take part in the selection of Supreme Court justices at the DPR III commission".

"I won't be able to speak?" asked Koto. Lumbuun answered, "Please, but just for a moment because our time is limited".

Koto, who is 75-years-old, finally spoke. "This [issue] must be fully resolved. President Susilo Bambang Yudhoyono (SBY) must resolve it. He is the Number 1 person here. Don't be afraid!"

Lumbuun explained that the DPR does not have the authority to execute the recommendation. However the DPR would continue to monitor the recommendations of the special committee on missing persons.

"The president might as well just respond, will he or will he not respond to the DPR's recommendations. We hope of course that he will", said Djamil. A similar view was expressed by Ahmad Yani and Soelistio.

Journalists' questions for the victims' families however were cut off by Ahmad Yani who immediately closed the meeting because there was another agenda pending at Commission III, namely the selection of Supreme Court justices.

One year after the DPR's recommendations the situation is still unclear...

[Translated by James Balowski. The original title of the article was "Missing Persons: They still find it hard to speak...".]

AGO to blame for inaction on missing Suharto-era activists

Jakarta Globe - September 29, 2010

Markus Junianto Sihaloho, Jakarta – The Attorney General's Office, and not the president, is to blame for the lack of resolution in the forced disappearance of student activists between 1997 and 1998, a senior Golkar Party official says.

The activists, most of them university students, were believed to have been kidnapped by security forces to silence their protests that would eventually topple the regime of then-president Suharto.

President Susilo Bambang Yudhoyono, a military general at the time of the unrest, has been criticized by rights groups and the activists' families for not doing enough to bring closure to the cases.

On Tuesday, families of the victims held rallies in front of the State Palace to demand the president resolve the cases.

On Wednesday, however, Muladi, a Golkar official and governor of the National Resilience Institute (Lemhannas), said the Yudhoyono administration was committed to resolving past rights abuse cases, as seen by the president's repeated calls to settle the matter.

He said the latest call to resolve the cases, made last year by the House of Representatives, should have been directed at law enforcement agencies, in particular the AGO, rather than the president.

Muladi said a previous report on the disappearances, compiled by the national Commission for Human Rights (Komnas HAM), had already been submitted to the AGO, which had failed to follow up on the findings.

"It's up to the AGO now to prepare the case for prosecution," Maludi said. "This would be a good way to finally find out the fate of all the victims."

He added that once the AGO's preparations were finished, the president could then work on establishing a rights tribunal to try the alleged perpetrators.

However, Muladi stopped short of blaming Hendarman Supandji, the former attorney general, for failing to follow up on the findings. "We hope the next attorney general does something with this case," he said.

The House's recommendations last year also included a call for the government to ratify the UN's International Convention for the Protection of All Persons from Enforced Disappearance.

On Tuesday, Foreign Minister Marty Natalegawa signed the convention in New York. Under the convention, the 84 signatory countries must ban enforced disappearances at all times, including times of war, political instability or other emergency situations.

Marty said signing the convention was part of the government's "vision on human rights issues" and a result of political pressure from civil society groups in Indonesia.

"We will continue this [vision] with the ratification process at the House of Representatives," he said as quoted by state news agency Antara.

Protesters ramping up calls for Indonesian government apology

Jakarta Globe - September 28, 2010

Nivell Rayda & Markus Junianto Sihaloho, Jakarta – Undeterred by their arrest on Monday night, some 50 family members of activists who were kidnapped in 1997 and 1998 took to the streets again on Tuesday to rally outside the State Palace.

Their protest comes a little more than a month after the families demanded a public presidential apology and for President Susilo Bambang Yudhoyono to shed new light on past rights abuses.

Tuesday's protest marked a year since the House of Representatives urged the government to investigate the abuses, including the disappearance of student activists during the May 1998 riots and the shooting of student protesters during a 1998 pro-democracy rally near the Semanggi cloverleaf in Jakarta.

No immediate action has been taken by the government since last year's House recommendation.

Police detained the activists on Monday for questioning. The majority are mothers whose sons and husbands were kidnapped by soldiers. The police said the protesters violated the agreed time limit of the demonstration, which was to end at 6 p.m.

DT Utomo Rahardjo, the father of Bima Petrus Nugraha, a pro-democracy activist believed to have been kidnapped by Army soldiers in March 1998, said he had come from his home town of Malang, East Java, just to participate in the rally.

"I have participated in rallies like this hundreds of times. I have never grown tired of pushing the government to at least locate my son, regardless of whether he's dead or alive," Utomo told the Jakarta Globe.

"I don't ask for the perpetrators to be prosecuted or arrested. I also don't expect whoever is responsible to come forward. I just want to find my son."

The Commission for the Disappeared and Victims of Violence (Kontras) estimated that 24 student activists had been kidnapped at the time. Nine of them, according to Kontras, were released after months of torture while one other was found dead in Solo, Central Java. The remainder, including Bima Petrus, are still missing.

Mugiyanto Sipin was one of the lucky few. He was released after being kidnapped for his fierce criticism of the Suharto regime.

"Ten people came to my house in Klender [East Jakarta] on March 13, 1998. Two of them were in military uniform. I was taken to several places before being taken to Kopassus Headquarters," Mugiyanto said, referring to the Army's special forces unit.

"Two of my friends were already there. I was blindfolded at the time but I could swear I heard the voices of [victims] Nezar Patria and Aan Rosdiyanto. Hours later I heard [the voices of kidnap victims] Andi Arief and Bima Petrus," Mugiyanto said.

"We were interrogated in separate rooms. I was told to lie down on the floor and from time to time I was punched and kicked, even electrocuted."

Mugiyanto was released on June 6, 1998, three months after he was kidnapped and weeks after Suharto resigned as president.

Most of those who were released have since joined politicians like Andi Arief who is now a presidential staff member and Pius Lustrilanang, who is now a politician from the Great Indonesia Movement Party (Gerindra).

"I thought about leading a normal life. But then I met the parents and siblings of my activist friends who are still missing. I felt I had a moral obligation to find out what had become of the rest of my friends," Mugiyanto said.

One year ago today, a House plenary meeting agreed to accept the recommendations of one of its special committees that, among other things, President Yudhoyono must issue a decree to establish an ad hoc human rights tribunal to try those allegedly involved in the kidnappings.

Mugiyanto, who chairs the Indonesian Association of Families of the Disappeared (Ikohi), said the government had done nothing about those recommendations. "What we are concerned about is the fate of those who are still missing. If they are alive, bring them to us. If they have died, where are the graves?" Mugiyanto asked.

Some lawmakers said on Tuesday that they were considering using their political rights to question Yudhoyono, who has still given no response to the House's recommendation. Ahmad Yani, lawmaker from the United Development Party (PPP), said they had several times pressured the government to implement the House's recommendations, to no avail.

"We are considering using our political rights to push the government to do something about the recommendations," Ahmad said. "As an example, we could use the interpellation rights to question the government over the stagnancy."

Arrested rights activists say they will continue seeking justice

Okezone - September 28, 2010

Siti Ruqoyah, Jakarta – Thirty or more people from the Indonesian Association of the Families of Missing Persons (Ikohi) and the Commission for Missing Persons and Victims of Violence (Kontras) who were arrested and taken to the Central Jakarta municipal police station yesterday evening are still being questioned.

"The 30 people are currently making out police investigation reports in relation to the action that took place earlier. It is considered to be a misdemeanor. In all likelihood they won't be question or detained for long", said Kontras coordinator Haris Azhar when speaking with Okezone at the Central Jakarta district police station on Monday evening.

The 30 people were participants in a protest action intending to camp out in front of the State Palace in Central Jakarta with the aim of demanding the fulfillment of a pledge given to victims of violence by President Susilo Bambang Yudhoyono that has still not been met.

"They were evacuated by police officers because they wanted to setup a camp, and because the time [limit] for the action ended at 6pm local time. I'm surprised as to why for something like this they were all taken to the district police. But what else could we do, we just followed procedures", Azhar added.

Azhar explained that before the protesters were evacuated by police, they were approached by a task force staff member to ask what complaint they wanted to convey to the president.

Despite the arrests, Azhar denied that they would stop fighting for the rights of victims of violence to would continue holding protests. "We will continue holding actions even though an incident like this could be repeated," he said. (teb)

[Translated by James Balowski.]

Cases of violence against children increase

Jakarta Post - September 27, 2010

Jakarta – The number of cases of violence against children has increased and shows more sadistic modus operandi, reports the National Commission for Child Protection (Komnas PA).

"This year, the number has increased by 38 percent as compared to last year," the commission chief Arist Merdeka Sirait said in Jakarta on Monday, as quoted by tempointeraktif.com.

Arist said the figure as of September had escalated to 2,044. In 2008, the number was at 1,826 cases, while in the previous year it was 1,510 cases. He predicted that the number would grow by 50 percent.

Freedom of expression & press

Fear of PKI leads to banning books

Jakarta Post - September 30, 2010

Arghea Desafti Hapsari, Jakarta – Indonesia observes the anniversary of the death of seven generals in the 1965 abortive coup, that led to a pogrom against hundreds of thousands of alleged members of the Indonesian Communist Party (PKI).

Forty-five years on, fears of communism linger on in the Attorney General's Office (AGO), still unwilling to revoke laws allowing the government to ban books on Marxism.

The AGO in 2009 banned books, including John Roosa's take on the coup, entitled Dalih Pembunuhan Massal Gerakan 30 September dan Kudeta Soeharto (Pretext for Mass Murder The September 30 Movement and Soehartos Coup d' Etat).

The AGO claimed the book might "disrupt public order" allegedly containing "false information". An AGO official was reported to have said the book was provocative against the Constitution and Pancasila, and communist propaganda.

The AGO also prohibited the distribution of Lekra Tak Pernah Membakar Buku, Suara Senyap Lembar Kebudayaan Harian Rakjat 1950-1965 (Lekra Never Burns Books, Harian Rakjats Cultural Pages Silent Voice) by Rhoma Dwi Aria Yuliantri and Muhidin M. Dahlan.

Books on faith and spirituality were also banned on the grounds that they could spread heretical teaching and cause confusion. The AGO confiscated dozens of history textbooks, particularly those highlighting the Sept. 30 movement, citing fears they could lead to a resurgence of communism.

A historian from the University of Indonesia, Asvi Warman Adam, told The Jakarta Post on Wednesday that Roosa's book offers a new perspective on the history behind the 1965 incident to the public.

"Book banning is no longer a relevant practice today. It is a product of the Sukarno's regime, which survived the new order regime," he said.

He added that after the fall of Soeharto's New Order in 1998, the AGO actually stopped banning books, but started to do so again about 2006.

"There was no book banning through the era president Habibie, Abdurrahman Wahid or Megawati. It was only picked up during President Susilo Bambang Yudhoyono's administration," he said. He urged Yudhoyono to "take responsibility" and put an end to this.

Under Article 30 (3) of the 2004 AGO law, the AGO has the authority to control the circulation of printed material to maintain public order.

This authority is being contested by an author whose book was among those banned in February who requested the Constitutional Court to review the article. The court has yet to decide on the matter.

Asvi said fear of communism is still prevalent among some people. "But what is more visible is that there are attempts made by certain groups to keep the threat of communism alive. They reap benefits by doing so. But this is irrelevant. What danger can it possibly be? Their members are now 80 years old. Just because they believed in communism, does not mean their children would have the same ideology," he added.

Indonesia witnessed in June that the hard-line Islam Defenders Front (FPI) raided and broke up a meeting in a restaurant in Banyuwangi involving members of the House of Representatives committee overseeing health affairs.

The FPI accused the legislators of holding a reunion for former members of the PKI. One of the lawmakers, Ribka Tjiptaning from the Indonesian Democratic Party of Struggle, (PDI-P), is the author of a memoir entitled, I'm proud to be the daughter of a PKI member.

Politics & political parties

Tolerance 'not a priority' for major parties

Jakarta Post - September 29, 2010

Jakarta – Despite a number of recent incidents stemming from interfaith issues in the country, political parties still do not consider it a priority, a discussion heard Wednesday.

Dodi Ambardi, executive director of the Indonesian Survey Institute, said political parties had to deal with and determine their position against a great number of issues such as poverty, foreign affairs and trade.

"The issue on religious tolerance is only one of hundreds of issues occupying the parties. It must compete with other issues they consider to be 'sexier', he said during a discussion held by the Journalists' Association for Diversity (Sejuk). "So, there's only a little probability that they will pay attention to this problem," he added.

Dodi said the only exception to this would be in lead up to the general elections – a time when political parties might see benefit in addressing religious intolerance. "The cycle of the election will determine whether this issue of tolerance will gain much currency."

Dodi said the recent violent attacks against HKPB church leaders in Bekasi indicated that on an individual level, political figures seemed to uphold tolerance.

"But, their individual reactions toward the incident were spontaneous and unofficial. It means their parties do not think there's religious intolerance and a problem with the relationship between religious groups at this moment," he added. (lnd)

Aburizal in 2014, if the polls are right

Jakarta Globe - September 28, 2010

Markus Junianto Sihaloho, Jakarta – Golkar Party chairman Aburizal Bakrie has made the widely expected announcement that he will run for president in 2014 – but only with solid and well-founded popular support.

In response to a reporter's question at a seminar in Jakarta with officials from Singapore's Defense Ministry, Aburizal said he had "not made any firm decisions" but would base his candidacy on opinion polls.

"I'd have to see the results of the surveys first. I'm a pragmatic man," he said. "If they show that I'm less popular than other candidates from Golkar, then the others will get the backing to run, not me. Golkar will only nominate its best members for this country."

His statement comes amid rising tensions between Golkar and the ruling Democratic Party over key issues, such as the candidates for the next police chief and the next attorney general.

On Monday, Aburizal announced that Golkar was calling on the government to raise the budget deficit from 1.7 percent to 2.1 percent of gross domestic product to better fund security services and infrastructure projects.

Analysts say the call puts the government in a compromising position and could potentially chip away at the popularity of President Susilo Bambang Yudhoyono's administration less than a year into its second term.

Golkar and Yudhoyono's Democrats previously clashed over the issue of the Bank Century bailout.

In that case, the president was widely seen as conceding to Aburizal by letting go of his finance minister, Sri Mulyani Indrawati, with whom Aburizal shared a long feud, and by naming the Golkar chief as the head of the ruling coalition's secretariat.

Concern over chamber of commerce chief's link to Bakrie

Jakarta Globe - September 27, 2010

Faisal Maliki Baskoro, Jakarta – After the Indonesian Chamber of Commerce and Industry elected Suryo Bambang Sulisto as its new chairman on Saturday, questions quickly arose over his ties to Golkar Party chairman Aburizal Bakrie and whether he would promote a reform agenda.

The tussle for the leadership of the country's most powerful business body, also known as Kadin, has been part of a wider battle pitting younger reformists against old-guard businessmen who have in the past prospered from an inward-looking investment climate.

The chairmanship of Kadin is also seen as a stepping stone to political influence, with several government ministers having risen to prominence in the group. The last elected chairman, MS Hidayat, left the post to become industry minister last year.

Suryo, 63, is president commissioner of coal miner Bumi Resources, the crown jewel in Bakrie Group, Aburizal's family business empire.

Suryo is also a close friend of the tycoon/politician, whose influence has steadily risen since he won a barely concealed battle against former Finance Minister Sri Mulyani Indrawati this year.

Aburizal, who himself led Kadin from 1994 to 2004, is also chairman of the joint secretariat for President Susilo Bambang Yudhoyono's ruling coalition.

Burhanuddin Muhtadi, a political analyst from the Indonesian Survey Institute (LSI), said Suryo's election reaffirmed the status quo in the face of challenges from younger leaders. "Since a long time ago, Kadin has been very closely connected to Golkar. Nothing has changed."

Suryo edged out Wishnu Wardhana, vice president of coal miner Indika Energy, in the second round of voting. Suryo won the initial voting over four other hopefuls but did not have a majority, forcing the runoff.

Kevin O'Rourke, a Jakarta-based political risk analyst, said Suryo's win was a coup for Aburizal. "As the president commissioner of the Bakrie Group's main operating company, Bumi Resources, Sulisto would significantly strengthen the policy-making influence of Golkar chair Aburizal Bakrie," he said.

Despite his close relationship with Aburizal, business leaders said they expected the new Kadin chairman to be innovative and assist the government in furthering industrial development.

Erwin Aksa, the chairman of the Indonesian Young Entrepreneurs Association (Hipmi), said spurring growth in manufacturing should be a major part of Kadin's agenda in light of pressure from the Asean-China Free Trade Agreement, which came into effect this year.

"The manufacturing sector has been showing signs of growth, but we still have to boost manufacturing in the non-oil and gas sectors," he said.

Hatta Rajasa, the coordinating minister for the economy, called on the new chairman to boost competitiveness and invest more in research and development. "We must build a strong partnership between the government and the business world," he said. "We can enhance cooperation through the public private partnership scheme, and by increasing the role of regional Kadin chapters."

Tensions were high during Kadin's national conference, with police keeping the peace among angry participants.

Ade Sudrajat, deputy chairman of the Indonesian Textile Association (API), said the quarrels did not reflect well on business leaders. "One would hope to see more elegance and maturity from businessmen," he said.

[With additional reporting from Anita Rachman, Reuters and Antara.]

Labour & migrant workers

Watchdog to government: Want to keep workers here? give them jobs

Jakarta Globe - September 24, 2010

Dessy Sagita & Ismira Lutfia – The Indonesian government would prevent Indonesians from working illegally abroad if it provided them with alternative jobs here, the National Commission on Violence Against Women said on Friday.

The call comes after a 26-year-old Indonesian from East Java, identified only as WF, went to Malaysia illegally in February and was found abandoned in a park in Penang last week, allegedly tortured and raped by her Malaysian employers.

An Indonesian ban on sending migrant workers to Malaysia is still in force.

"The fact is that many of these women are breadwinners of their family, therefore even during the moratorium, many of these migrant workers prefer to enter Malaysia illegally," said Yuniyanti Chuzaifah, head of the Komnas Perempuan commission.

Yuniyanti said that if the workers entered a country illegally, it would be a lot harder for the government to provide them with protection. She said commission data showed that more than 2,700 Indonesian migrant workers were deported from Malaysia every month. She said deportation was a serious threat because workers were often left only at the countries' borders.

"If they were dropped off at a country's border, they could easily become subject of human trafficking, because many times those workers do not have enough money to go back to their hometown. In this vulnerable state, the women are also prone to sexual and physical abuse threat." Sri Nurherwati, another member of the commission, said the ban on sending migrant workers should pressure other countries to strengthen their workers' protection system.

"The moratorium gives us a bargaining power, but it has to be a temporary policy only because the government should not ban people from their right to seek work abroad," she said.

Yuniyanti said the government should only send Indonesians to countries which have workers' protection system already in place.

According to the National Commission on Human Rights (Komnas HAM), Malaysia is the country with the biggest number of Indonesian workers, estimated at more than 1.2 million. The figure did not include those who enter the country illegally and without any document.

The commission also reported that at least 1,000 Indonesian workers face legal problems every year and 60 percent of the cases were about unpaid salaries.

Wahyu Susilo, a migrant worker analyst from the International NGO Forum on Indonesian Development (Infid), said the moratorium has been ineffective and has failed to stem the flow of migrant workers to Malaysia since only Indonesia implemented it.

He said the Malaysian government should also ban its citizens from hiring Indonesian domestic workers, before the two countries agree on a new memorandum of understanding on migrant workers.

"Without a ban from the Malaysian side, they would not deny entry to Indonesian workers and it would be business as usual, they will keep hiring them as domestic workers," he said.

Muchamad Cholily, chairman of the East Java chapter of the Indonesian Migrant Workers Union, previously estimated that about 5,000 Indonesians still illegally enter Malaysia to work each month despite the ban.

Infid and Migrant Care, a non government group advocating migrant workers' rights, staged a rally on Thursday in front of the Malaysian Embassy to call on the Malaysian government to forbid its citizens from employing Indonesian domestic workers.

"But we will also write a formal letter [to the Malaysian government] and bring this issue up at the upcoming Asean Summit in October," Wahyu said.

Environment & natural disasters

Permits clear way for forest graft: NGO

Jakarta Globe - September 30, 2010

Fidelis E Satriastanti, Jakarta – Environmental activists have voiced suspicions of forest-clearing permits being issued illegally to palm-oil producers, raising the specter of even more corruption within the industry.

Sawit Watch, a nongovernmental organization, said 18 million hectares of rainforest had been cleared for oil-palm plantations, but only six million hectares had been planted.

It linked the expansion to a government target to boost crude palm oil output to 23 million tons this year, up from 20.3 million tons in 2009.

"We have strong suspicions that with this massive demand for palm oil will eventually lead to forestry related corruption, especially the issuing of permits for forests to be cleared for plantations," Sawit Watch campaigner Edi Sutrisno said on Thursday.

"We've lost around 3.2 million hectares of peat lands to oil-palm plantations already, and most of the permits granted for those plantations were illegal."

He said planters usually bypassed the necessary permit for clearing forests by getting another permit for land release, which changes the status of the land from a forest to a plantation.

"The most common method is to get a land release permit from the Forestry Ministry," Edi said. "That means the land is theirs to manage, and allows them to skip the mandatory step of getting a permit to fell the trees."

He added many oil-palm plantations only submitted an environmental impact analysis after they were already set up, and not before, as required by law.

"Another permit they're supposed to get is a business permit that obliges them to pay tax for exploiting their land," he said. "However, they get around this through backdoor deals with local officials. So that's another loss to the country, this time from taxes."

Febri Diansyah, a researcher from Indonesia Corruption Watch (ICW), said graft in the forestry sector was "very complicated" because it did not always take the form of a straightforward money transactions, but rather of permits issued.

"However, that doesn't mean such cases can't be tried on corruption charges, because they still lead to state losses," he said. "Local authorities who abuse their power in issuing illegal permits can also be charged with corruption."

Febri added another complication was the overlap of regulations between local authorities and the central government.

"ICW has been tracing this corruption trail for a while, and we've discovered there are so many legal inconsistencies between the local and central governments, which makes things very complicated," he said.

"There should be a specific solution for this, which is why we want to remind the KPK [Corruption Eradication Commission] about their commitment to tackle corruption in the forestry sector, one of their four target sectors."

Shorelines may wash away if government does not act: Experts

Jakarta Globe - September 30, 2010

Ulma Haryanto, Jakarta – The government's lack of comprehensive strategy in preventing erosion along the country's coastlines will pose a threat to the livelihoods of those living along the shore, a Public Works Ministry official said on Thursday.

Making the situation worse is the high population growth rate and unsustainable groundwater extraction by industry.

"Twenty percent of Indonesia's shores were damaged with abrasion, worsened by global warming that will magnify the intensity and magnitude of abrasion and tidal waves," said Mochammad Amron, director general of water resources at the Ministry of Public Works.

Abrasion occurs when waves and tides erode an unprotected shoreline, often leading to tidal flooding.

The ministry is prioritizing artificial sea defenses, such as the sea wall built on the shores of the popular tourist site Marunda in North Jakarta. "The walls would be made of concrete; aside from that we also need to build tetrapods as wave breakers to prevent abrasion," he said.

Although Jakarta's shores are not the priority for the sea defense budget this year, Amron told the Jakarta Globe that the national government would conduct an extensive study in partnership with the Dutch government, seeking ways to protect the capital's shores.

"The budget is at a minimum. We can only afford reconstruction along 19,860 kilometers of coastline while Indonesia has approximately 95,000 kilometers," he explained.

The public works ministry gives higher priority to flood mitigation projects such as the West and East Flood canals. This year's budget for the project amounts to Rp 164.2 billion ($18.4 million).

"Of course we need more money; in the medium term, up to 2014, we plan to construct sea defenses along 300 kilometers and rehabilitate 50 kilometers" nationwide, he added.

Meanwhile, Yayat Supriyatna, an urban planning expert from Trisakti University, warned the threat of rising sea levels due to global warming in the coming years should not be taken lightly.

"Researchers forecast best, medium and worst-case scenarios. In 20 years, the sea level could rise between eight centimeters, 17 centimeters and 27 centimeters, respectively," he said.

The situation will correspond on the volume of rising sea water caused by global warming and the following land subsidence. "The key is to start building sea walls and pumps to get the water back out to the sea," he said.

Separately, Ubaidillah, chairman of the Indonesian Forum for the Environment (Walhi), called on the government to pay more attention to providing natural coastal barriers by adding mangrove forests, instead of only installing sea walls made of concrete.

"These trees were scientifically proven to significantly prevent abrasion and tidal floods. They also provide stability to the soil and serve as a habitat for fish and other plant and animal species," he said.

Walhi also suggested that at least 30 percent of the "defense belt" along Jakarta's 32-kilometer shoreline came naturally. "The only thriving mangrove forest in Jakarta is the one in Muara Angke, which can only protect the areas around it, so this isn't enough," Ubaidillah said.

Activists call for presidential ban on deforestation

Jakarta Globe - September 29, 2010

Ismira Lutfia, Jakarta – Environmental activists have called on the government to abandon its business-as-usual approach to granting forestry concessions and suggested an action plan to implement a moratorium on new concessions.

Under an agreement signed by Indonesia and Norway in Oslo in May, Indonesia pledged to stop issuing new logging permits for peatland and primary natural forests between 2011 and 2013.

The agreement will see Norway provide a $1 billion fund for Reducing Emissions from Deforestation and Forest Degradation (REDD) schemes in Indonesian forests.

On Tuesday, Giorgio Budi Indarto, coordinator of the Civil Society Forum for Climate Justice, said the government should use the implementation of the moratorium as an opportunity to re-evaluate its "inconsistent policies" between forest conservation and exploitation.

"The government can begin by freezing the issuance of new logging and mining concessions, and appointing independent bodies to review previous concessions," he said.

To ensure the moratorium can be put into effect, Giorgio said, the government must issue a presidential decree to serve as a legal reference for a logging ban.

However, he warned that the decree should not be treated as a "final target but as part of a process that we have to go through to achieve zero deforestation."

The next step, he said, would be for the government to compile a list of forest areas assessed by their ecological value, and to reclassify forest allocation.

Last, the government must resolve social problems stemming from deforestation that affect local communities, Giorgio said. "The locals have to be taken into account, including their indigenous right to benefit from the forests," he said.

But Yuyun Indradi, a political campaigner for Greenpeace Southeast Asia, said that he was pessimistic that Indonesia would be able to achieve its commitment to reduce emissions by as much as 41 percent, a pledge made by President Susilo Bambang Yudhoyono last year.

"The implementation of the moratorium in the field so far hasn't provided any guarantees that there will be any reduction in emissions," he said. "It looks like the government really lacks the intention to slow the pace of deforestation and reduce emissions."

Greenpeace slammed for using 'false data' on Sinar Mas: Report

Jakarta Globe - September 27, 2010

Fidelis E. Satriastanti, Jakarta – Greenpeace on Monday rejected allegations of using "false and misleading information to attack a company's credibility," after an independent study questioned the environment watchdog's data.

International Trade Strategies Global, also known as ITS, conducted a peer-review on Greenpeace's report, "How Sinar Mas is Pulping the Planet."

The report was launched in July 2010, highlighting the environmentally devastating actions of one of the world's leading pulp and paper companies, Asia Pulp and Paper, also known as APP, owned by Sinar Mas.

"The evidence shows that Greenpeace provided quotes that don't exist, maps that show concessions that don't exist, and used source material with high margins of error that was cited as absolute fact," said Alan Oxley, chief executive office of the Melbourne-based ITS Global on the press release.

Oxley said the Greenpeace report was highly misleading and indefensible. In addition, the audit stated that a map in the Greenpeace report shows four concessions which don't exist.

"Sadly this is not an isolated incident. Greenpeace has exaggerated claims in the past. When we see reports like this with such obvious factual inaccuracies it makes us call into question the real Greenpeace agenda, risking the greater good to achieve its own political ends."

However, Bustar Maitar, team leader of Greenpeace SouthEast Asia, retaliated saying that the reviews were not independent considering the reviewer was allegedly paid by the company. "If they claim it's an independent report, it's a joke because Alan Oxley is speaking as an APP representative," Bustar said.

Concerning the maps, he said the maps were based on data drawn from the government and the company's internal sources. "So, if they said that those maps don't exist then they should have corrected the government and their own sources," he said.

Scientists say forest moratorium needs action

Jakarta Post - September 25, 2010

Jakarta – Local and international experts say the planned forest moratorium sounds good in theory, but remained skeptical of the actual implementation of the US$1 billion policy.

Signing a letter of intent (LoI) with Norway in May, the Indonesian government decided to halt issuing new permits to convert natural forests and peatland for two years beginning in 2011. Under the agreement, Norway would pay Indonesia for carbon emission it obtained through preventing deforestation.

On its own, the policy is good, but it needs to be matched with "real actions", the Indonesian Institute for Sciences (LIPI) Center for Innovation director Bambang Subiyanto said.

"The moratorium is acceptable, but it will not be effective if certain important issues remain unresolved," he said, adding that the main issues surround the local communities' land-clearing habits.

Big companies' compliance was easier for the government to monitor compared to the more sporadic activities of small-scale oil palm growers, Bambang said.

"Our problems lie in how to provide them with the technology and economic alternatives that would empower them," he said. "Their skills and their entrepreneurial abilities must be refined so they can take advantage of their local resources."

The "politically preoccupied" government lacks a scientific research model for addressing the challenges of policy implementation, he said.

"The government has never organized a serious meeting with researchers from various disciplines to discuss issues," he said, adding that the absence of such collaboration resulted in overlapping policies.

"The government's commitment to moving under a single top-to-bottom chain of command is a key to implementing the moratorium successfully," he said.

The outlook of Indonesia's entrepreneurs, who often preferred a merchant mentality rather than focusing on "improving quality, efficiency and product research", also needed to be challenged, Bambang said.

"The businessmen expect profits the day after they make investments," he told The Jakarta Post.

Okamoto Masaaki, a scientist from Kyoto University performing research on the political and economic aspects of Indonesia's oilpalm industry, said the policy's success rate would depend on President Susilo Bambang Yudhoyoyono's commitment to implementing it.

"It can be done if the government collaborates with local administrations that are ready to run with the policy, instead of simply pointing out who should be included," he said. "The government must sanction local administrations that fail, perhaps by cutting their allocation funds."

Clearing forests for oil palm plantations was unnecessary because there was still room to increase the low productivity of Indonesia's existing cultivated land, Okamoto said. "But businessmen will surely oppose this idea," he said. "Clearing land is cheaper and the timber will fetch far bigger profits."

The oilpalm business consortium decried the policy, saying they needed more land to expand their businesses because of the increasing demand for palm oil.

Exhaustive tests must be carried out on peatland during the moratorium to provide data on its effects on carbon emissions, Kyoto University peatland researcher Mamoru Kanzaki told the Post.

Together with Malaysia, Indonesia reaps huge revenue by supplying nearly 90 percent of palm oil world wide. This revenue is an essential economic driver in both nations.

However, the push to export more palm oil comes at the expense of clearing forests and converting peatland to oil palm plantations, which aggravates global warming by releasing rich carbon emissions deposited in the earth, Kanzaki said.

"No one knows exactly how much carbon comes from peat swamps after development," he said. "If the value turns out to be high, it means it's time to slow down development."

Non-government organizations are at odds with businesses, and demand the government make the moratorium permanent.

The government has proceeded with the moratorium plans because of an increase in global awareness of the urgency to mitigate climate change.

Indonesia plays a critical role in maintaining the global climate because of its high rainfalls. This means changes in the archipelago's climate can offset global climate changes, Kobe University climatology researcher Manabu D. Yamanaka said.

However, Indonesia is also sensitive to climate change, he said, adding that the government understands this very well and is making efforts to increase its capacity to cope with potential impacts of climate change. (gzl)

Activists say ministry may miss environment law deadline

Jakarta Post - September 24, 2010

Adianto P. Simamora, Jakarta – The Environment Ministry may miss a deadline for implementing the 2009 Environmental Law on schedule, activists agreed.

The law, which was deemed crucial for the Environment Ministry to stop environmental damage, requires that 12 regulations be approved by Oct. 3. As of this week, no regulations have been issued.

Legal expert Mas Achmad Santosa and Indonesian Center for Environmental Law head (ICEL) Rhino Subagyo said the failure was due to Environment Minister Gusti Muhammad Hatta's poor leadership.

"The environment minister must take a resolute step in drafting government regulations," Mas Achmad told reporters on the sidelines of an environmental permit workshop on Thursday. "The minister should show leadership, manage his deputies and finish the draft government regulations."

Mas Achmad said that the ministry could no longer bow to demands from other sectors to delay implementation of the law. Rhino agreed, saying that a lack of synergy among deputies at the ministry has hampered deliberations on the regulations.

The environmental law was passed on Oct. 3, 2009 as the second environment-related law during the tenure of former minister Rachmat Witoelar. There are also currently no regulations to implement the waste management law that was issued in 2008, he said.

Ministry Civil Enforcement Division head Vivien Rosa Ratnawati said that it would be difficult to meet the Oct. 3 deadline. "We hope the draft government regulations on environment permits will be brought up at interdepartmental discussions next week," she told reporters.

Under the draft, a single environmental permit will replace 10 existing licenses that govern the disposal of liquid waste into water or water sources, use of waste water for land applications, temporary storage of hazardous water, collecting hazardous waste, processing hazardous waste, disposal of liquid to sea and other areas.

Gusti said in the workshop's opening speech that it was not an easy job to merge the 10 existing licenses.

The law on the environment stipulates that an environmental permit may be used as requirement for obtaining or maintaining a business license, as previously reported.

Project developers must obtain an environmental impact analysis document (Amdal) to obtain an environmental permit. Permits can be issued by the ministry, governors, regents or mayors, depending on the scale of a project and the location of the companies.

The environment minister is responsible for issuing permits to companies operating in more than one province or to businesses dealing with security affairs.

Upstream oil and gas regulator BPMigas previously called on the ministry to delay implementation of the law, saying they were not prepared to adopt technology needed to lower the temperature of waste water.

Indonesia's Sinar Mas censured by palm oil watchdog

Reuters - September 23, 2010

Jakarta – An industry body for sustainable palm oil has made its first public censure of a member, saying Indonesia's Sinar Mas Agro Resources & Technology breached its principles and may face sanctions.

Sinar Mas Agro Resources & Technology, also known as SMART, last month released an independent audit after Greenpeace alleged SMART bulldozed high conservation value forests and damaged carbon-rich peatlands. The audit gave SMART a mixed score card, highlighting some instances in which Indonesia's environmental laws were breached.

The Roundtable on Sustainable Palm Oil, also known as RSPO – an industry body of planters, green groups and consumers – said on its Web site its grievance panel had written to SMART and Golden Agri censuring the firms for the breaches uncovered by the audit. SMART is a member of the RSPO but Golden Agri-Resources is not.

"In its letter to SMART and GAR, the panel finds there has been serious non-compliance with the RSPO code of conduct, specifically a failure by SMART to work towards implementation and certification of the RSPO principles and criteria," it said.

In particular, RSPO principles on social and environmental impact assessments and peatland management have been infringed, it said.

"Members who have been found to not be in compliance and who continue to be in non-compliance with the RSPO regulations could ultimately face sanctions, including the suspension and, eventually, the termination, of their membership of the RSPO."

The comments may be a blow to SMART's aims to win back big palm oil buyers including Burger King, Nestle and Unilever, who have said they will stop buying from SMART because of environmental concerns.

The RSPO also urged GAR to stop publicly suggesting it was in the process of obtaining RSPO certification. "GAR is not a member of the RSPO, nor has the RSPO yet received a membership application from the company. The Panel encourages GAR to submit a full and complete application for membership," the statement said.

SMART said in a statement it would work toward the requirements set by the RSPO, including environmental impact assessments and conservation of deep peatlands.

Enormous amounts of climate-warming gases are released when deep peatlands are disturbed, and the deforestation of Indonesia's extensive tropical forests led the World Bank to name it the world's number three emitter in a 2007 report.

"We take the feedback of our stakeholders very seriously and this applies to the concerns of the RSPO, whom we are in touch with," said Daud Dharsono, President Director of SMART.

Golden Agri referred queries to the SMART statement. SMART and Singapore- listed Golden Agri are controlled by the Widjaja family that founded Sinar Mas, a group with interests from plantations to property and finance.

Greenpeace welcomed the RSPO's statement, saying RSPO should follow up on its reprimand by expelling SMART within four weeks if the company does not take action.

"Greenpeace is calling on other companies, like Cargill, to follow Unilever, Nestle and Kraft's lead and cancel its palm oil contracts with Sinar Mas until it stops destroying rainforest and carbon rich peatlands," said Greenpeace activist Bustar Maitar.

Health & education

Indonesia faces big challenges in promoting safe sex

Jakarta Post - September 25, 2010

Dina Indrasafitri, Jakarta – As it marks World Contraception Day (WCD), Indonesia has to face the disheartening fact that it is lagging behind in its family planning targets and the nation's teens are still seeking abortions.

A 2008 survey covering 65 million young people revealed that reportedly 21 percent of teenagers who had engaged in sexual activity have had an abortion, National Family Planning Agency (BKKBN) director for the Family Planning Services chief Setia Edi said.

The survey, which was conducted in 33 provinces, also revealed that 63 percent of teenagers had engaged in sexual activities, he said Thursday during a conference on World Contraception Day, which is observed every Sept. 26th.

In addition to the widespread hazards associated with illegal abortion practices, Indonesia has also lagged behind its national target to increase the contraceptive prevalence rate as part of its family planning program.

"We only reached an increase of 1.3 percent over a period of five years. The targeted increase is actually 1 percent each year," Setia Edi said, adding that the rate is reminiscent of that of a decade ago.

Family planning plays a vital role in determining maternal safety and child health, both of which are targets of Indonesia's 2015 Millennium Development Goals.

Indonesia is not on track in meeting its maternal health goal to reduce the maternal mortality rate by three quarters of the 1990 figure before the 2015 deadline. In 2007 the rate still stood at 228, while the required 2015 target is a little over 100.

Indonesia is also having trouble meeting another target: controlling the spread of HIV/AIDS and other infectious diseases, said Nila Moeloek, President Soesilo Bambang Yudhoyono's special envoy for MDGs.

Despite the alarming rate of sexual activity among unmarried teenagers, the agency would not provide contraception – including condoms, which is the only tool with the ability to prevent both pregnancy and the spread of sexually transmitted diseases, Setia Edi said.

BKKBN would instead focus on providing teens with information on the risks of sex and the importance of family planning. "We have counseling groups, consisting of teenagers, who will spread the information," Setia Edi said.

World Contraception Day was launched in 2007, and this year's theme is "take responsibility," according to the USAID website. The WCD is a worldwide campaign to improve awareness of contraception and facilitate young people to have the ability to make informed decisions on sexuality and reproductive health, the www.your-life.com website said.

"WCD 2010 focuses on the need to encourage young people to take responsibility for contraception to prevent unplanned pregnancy or sexually transmitted infections," the website said.

However, the WCD observance in Indonesia might take on a different form, Setia Edi said. "Other countries might allow their [unmarried] teenagers to use contraception, but we have religion and traditions that do not allow teens to use them," he said.

Asia Pacific Council on Contraception representative Biran Affandi disagreed, saying that unmarried teenagers should be given access to contraceptives. "If a teenager wants a contraceptive, the doctor should provide it," Biran said, adding that providing contraception to those who need it is part of a doctor's duty to care for patients.

Lawmakers to sue over tobacco activists' claims

Jakarta Globe - September 23, 2010

Anita Rachman, Jakarta – Three lawmakers named by anti-tobacco activists as having been declared suspects by the police over the omission of a clause on tobacco in the 2009 health bill plan to sue the activists.

The chairwoman of House Commission IX overseeing health issues, Ribka Tjiptaning, from the Indonesian Democratic Party of Struggle (PDI-P), and former Golkar legislators Asiah Salekan and Mariani Baramuli, said on Thursday that they had been falsely accused.

"We are going to sue the people who have reported us to the police several times and who have named us as suspects. They said we allegedly received hundreds of billion of rupiah. That is not true," Ribka said.

"We will sue Hakim Sorimuda Pohan and Kartono Muhammad for defaming us." The three women's legal adviser, Sirra Prayuda, said the file would be submitted today.

Hakim, a former Democratic lawmaker and Commission IX member now working with the Coalition Against Corruption of the Anti-Tobacco Clause (Kakar), said on Monday that the National Police had told him the three had been named suspects.

Kartono, an antitobacco activist and former chairman of the Indonesian Doctors' Association (IDI), backed Hakim's statements. Both are vocal critics of the government's tobacco policy.

On Wednesday, Kakar presented reporters with letters from the National Police that did mention Ribka, Mariani and Asiah as suspects. However, National Police Chief of Detectives Comr. Gen. Ito Sumardi rejected the allegations, saying that the letters could have involved "a typo" error.

Asyiah said neither she nor the other two women had deleted the article, which classified nicotine as an addictive substance. However, she said the tobacco growers' association had asked the House to drop the clause.

"That was only a discourse, because to drop a certain article, we have to get the agreement from all factions," she said. Sirra said the letter issued by the National Police was premature as none of the lawmakers had been summoned or questioned by police.

Umar Wahid, who coordinated discussion on the health bill, said former Health Ministry inspector general and current ministry adviser Faiq Bahfen had given the original draft to Ribka and it did not have the clause stating nicotine was an addictive substance.

The committee added the clause, which was included in the bill passed by the House, and he believed it was removed by a computer "mistake" when the committee passed the bill to the government. "I think it was an honest mistake," Umar said.

Faiq and senior health official Budi Sampurno have already been questioned.

Kartono Muhammad said he did not have a problem with Ribka's defamation suit but added that he had never mentioned names. "If it's about defamation, why don't they sue the National Police? It was the police who named them suspects, it was in the letter from the National Police," he said.

Graft & corruption

'Brokers inside' AGO ensure the status quo

Jakarta Post - September 30, 2010

Jakarta – Much-needed reform at the Attorney General's Office (AGO) is being held off by a reciprocating culture of nepotism and corruption that has bled into the institute's recruitment and promotion procedures, fostering an anti-outsider sentiment that serves the interests of a select few, former prosecutors say.

Former AGO prosecutor and spokesperson Suhandoyo said the institution did not implement its well drawn up recruitment and promotion policies.

"In practice, people sometimes 'slip in' names of promotion candidates, even though these candidates are not of sufficient rank for the new position," he said. It is common for AGO staff to rely on friendship and manipulation to secure promotion from their superiors, he said, adding that similar antics plagued the recruitment process.

"That's why there are many 'brokers', both insiders and outsiders, working through the employee review department," he said. He said it was even possible for AGO workers to bribe their way to a promotion.

Former prosecutor and Attorney General's Commission chief Amir Hasan Ketaren said the AGO did not have comprehensive information about prosecutors' career track records in its employee database.

"There is minimal transparency for prosecutors' track records," he told The Jakarta Post. The database lacks information about prosecutors' work performance, including critical data relating to case win/loss records and history of disciplinary action, he said.

"The records only state the positions the prosecutor has held, but no details are included," he said, adding that the commission had urged the AGO to improve its employee database.

Asep Rahmat Fajar from the Indonesian Legal Roundtable said corruption within the AGO was behind the agency's resistance to being led by an outsider.

The President has the prerogative to choose a career or non-career prosecutor to be the next attorney general but prosecutors at the office have openly declared they would resist rule by an outsider.

"Promotions and transfers based on like and dislike can be advantageous at times for certain people," he said. "The presence of outsiders will give rise to a process of improvements, which will disrupt this culture which has benefited a few."

Public pressure for meaningful reform at the AGO has swelled of late following several recent high-profile bribery scandals that have implicated prosecutors as case brokers. (gzl)

Bakrie trio 'paid me $3 million for tax scam'

Jakarta Globe - September 28, 2010

Heru Andriyanto & Irvan Tisnabudi, Jakarta – Rogue tax official Gayus Tambunan on Tuesday again claimed to have received bribes from companies linked with the Bakrie Group, saying he had received more than US$3 million from three companies in exchange for cooking their tax returns.

"For the three jobs I was paid the equivalent of Rp30 billion on the current exchange rate," Gayus told a South Jakarta District Court hearing, where he appeared as a witness in the graft trial of businessman Andi Kosasih.

Gayus said he got $500,000 for the first job, fixing the tax documents of Kaltim Prima Coal, which had been held back at the Tax Office because of an undisclosed dispute. He said he got the job from brothers Alif Kuncoro and Imam Cahyo Maliki, who reportedly worked as tax consultants.

Gayus said he had requested help from his superior, Maruli Pandopotan Manurung, who had received $1.5 million. Gayus then was asked to settle the tax of Bumi Resources, for which he said he received $500,000.

The third job was to grant leniency under the sunset policy program for Arutmin, which paid him $2 million.

He said he initially kept the money in safe deposit boxes. "But later I deposited the money in bank accounts," he said. Responding to the accusations, Dileep Srivastava, head of investor relations at Bumi Resources, said: "I think Gayus needs to come out with new confessions which he can prove with evidence.

"These are old and oft repeated statements. He who accuses needs to prove it, not the other way around. We have proof that Bumi's tax status is clear and is reinforced by a Supreme Court ruling."

Gayus told the court that when he was declared a suspect based on a report by the Financial Transaction Reports and Analysis Center (PPATK), lawyer Haposan Hutagalung had convinced him he would be able to escape conviction if he paid off the police, prosecutors and the judges. Hutagalung also had said his money would go to top officials at the Attorney General's Office.

Gayus was acquitted of a minor embezzlement charge in a controversial trial on March 12 after he allegedly paid police, prosecutors and a judge billions of rupiah in bribes.

Two policemen, the Tangerang District Court judge, Gayus's lawyers and several suspected case brokers have been named suspects in the case, but the fate of two implicated prosecutors remain unclear.

"I don't know if this is true, but Haposan told me that all AGO deputies got [the money], including former deputy [Abdul Hakim] Ritonga. It's not true, I think," said Gayus, who claimed to have handed Rp20 billion to Haposan to handle his case.

Gayus has been accused of setting up a bogus land purchase agreement with Andi Kosasih to cover up the money. Andi, who was paid Rp4 billion by Gayus, claimed the money was a loan.

"If he said the fund was meant as a loan, please return it to me because I'm in dire need of cash right now," Gayus said to laughter in the court.

Gayus was acquitted of all charges in March after prosecutors set aside the money laundering charge and brought only a minor embezzlement charge involving an account at Bank Central Asia worth Rp370 million.

"As far as I'm concerned, the money in the BCA account was only Rp17 million. I have no idea how prosecutors and police could mention Rp370 million." he said.

AGO refuses to probe prosecutors over graft case

Jakarta Post - September 28, 2010

Jakarta – The new interim Attorney General, Darmono, said Monday he had no plan to follow up on police testimonies implicating prosecutors in high- profile tax evasion cases.

But Darmono, who has temporarily taken up the post of Hendarman Supandji, promised he would resolve cases on human rights abuses, tax evasion and the 1998 riots. Hendarman was removed by the President last week.

Police officers testified that prosecutors Cirus Sinaga and Fadil Regan in the trial of ex-tax employee Gayus Tambunan had dictated the charges against Gayus in his Tangerang trial, leading to his acquittal in March.

Cirus came under intense scrutiny after the police named him a suspect but fellow prosecutors refused to recognize his suspect status, and police hesitated to indict him.

Darmono said police were yet to complete investigation into Cirus's alleged role in verdict fixing, and the new attorney general would not do anything about him until the police come up with convincing evidence.

"Suspect status has not been established yet," Darmono said, adding that the AGO would "subsequently follow up any results the National Police investigation team obtains".

Gayus has admitted bribing investigators, prosecutors, attorneys and judges with part of the Rp 25 billion fortune he amassed from helping companies evade taxes to help secure his acquittal in his previous trial. He has been tried again in South Jakarta on charges of money laundering, embezzlement, abuse of power and bribery,

Police detective Brig. Gen. Raja Erizman testified Cirus issued orders to unfreeze an account and drop charges against Gayus.

But Cirus has remained largely untouched, sparking speculation that prosecutors and investigators were unwilling to probe him because of what he allegedly knew about the high profile Antasari case, in which he was chief prosecutor.

Antasari Azhar, former Corruption Eradication Commission (KPK) chief, was sentenced to 18 years for the murder of a businessman.

However National Police spokesman, Sr. Comr. Marwoto Soeto said the case had been investigated fully, as reported by detik.com. He added that the progress of the tax evasion case would depend on the court's findings.

Darmono said he has asked the deputy attorney general for special crimes to report on the progress of the tax evasion case as well as the online system graft cases.

The online graft case, which allegedly caused Rp 420 billion of state losses, implicates former minister Yusril Ihza Mahendra and businessman Hartono Tanoesoedibjo.

Victims and relatives of victims of human rights violations protested at the AGO Monday, urging prosecutors to resolve long-standing human rights violation cases. The AGO is handling five human rights violation cases, including the May 1998 riots and alleged racist attacks as well as forced disappearances of activists between 1997 and 1998.

Activists from the Indonesian Association of Families of the Disappeared (IKOHI) and Commission for Missing Persons and Victims of Violence (Kontras), with victims, met with prosecutor Domu P. Sihite, from the special crimes unit to discuss the progress of investigations.

"The response was very positive," Yati Andriyani, a Kontras activist, said, though she added the AGO lacked consistency in resolving human rights violation cases. (gzl)

New evidence could prove deputies were framed: KPK says

Jakarta Globe - September 27, 2010

Nivell Rayda – The Corruption Eradication Commission says it has crucial evidence that might confirm that two of its deputy chairmen have been framed.

The commission's chief of graft investigations and prosecutions, Ade Rahardja, said on Monday that evidence obtained from the National Police could clear Bibit Samad Riyanto and Chandra Hamzah.

Bibit and Chandra have been accused of extorting Rp 5.1 billion ($570,000) from businessman Anggodo Widjojo in exchange for halting a criminal investigation into his brother, Anggoro Widjojo, and lifting an overseas travel ban on him.

The case against the deputies was dropped by the Attorney General's Office last year but the Jakarta High Court later ruled it must continue. The AGO is now appealing to the Supreme Court.

The decision to continue prosecuting Bibit and Chandra came just before the Anti-Corruption Court ruled the money never went to the pair but was swindled by middleman Ary Muladi, who claimed to have channeled it to a man identified as Yulianto.

Ade said the commission, or KPK, had obtained Ary's call data records, or CDR, from the National Police, proving that Bibit and Chandra were charged without enough evidence.

"The CDR only contains records of Ary Muladi contacting a lawyer named Eddy Rachman and [reporter] Edi Sumarsono. Ary contacted Eddy Rachman at least 331 times, according to the records," Ade said. "There is no record of Ary contacting myself or any other KPK official."

The police and the AGO had said they obtained 64 wiretapped conversations between Ary and Ade, as well as CCTV footage, that indicated Bibit and Chandra did take the bribe.

But police failed to present the conversations during Anggodo's trial and later said they had only call data records, refusing to disclose whose cell phones were involved.

Ary has said that the Eddy Rachman he contacted so many times was a KPK researcher. But Ade said investigations showed Eddy was in fact a lawyer based in Cakung, East Jakarta.

"Everything Ary said was a lie," a National Police source said on Monday. "There might not even be a Yulianto. We suspect Ary kept all of Anggodo's money for himself.

"There was only proof of 15 money transfers to a person named Eddy Rachman, who [Ary] said worked for the KPK. But again this is false. Eddy is a man we believe is working for Anggodo."

Ade said the new evidence also shed new light on Ary's role in framing the KPK deputies. "Ary told police he met me at the KPK, but his cellphone records show he was in Lebak Bulus," Ade said, referring to an area 15 kilometers from the KPK office.

The Supreme Court announced last week that it would soon hear the AGO's appeal on the prosecution of Bibit and Chandra.

KPK steps up probe into BI bribery case

Jakarta Post - September 27, 2010

Arghea Desafti Hapsari, Jakarta – The antigraft commission is intensifying its investigation into a high-profile bribery scandal surrounding the election of a central bank deputy governor as it attempts to again question an elusive key figure, a move that could lead to suspects being named.

Corruption Eradication Commission (KPK) spokesman Johan Budi said Sunday that the antigraft body planned to summon businesswoman Nunun Nurbaeti for questioning as a witness next week.

"We will send her a letter requesting her presence at a questioning in early October," Johan told The Jakarta Post, adding that the questioning session would take place soon after the letter was sent.

During prior investigations and at the trials of the first four suspects in the case, it was revealed that Nunun distributed Rp 24 billion in traveler's checks – each worth Rp 50 million – to legislators after the election of Miranda Swaray Goeltom as Bank Indonesia deputy governor.

She allegedly did this through middleman Arie Malangjudo, who gave testimony incriminating her in one of the trials, saying that Nunun had instructed him to hand the checks to the legislators.

The KPK last week questioned three employees of Artha Graha Bank as witnesses in the case. Tutur, a teller, is alleged to have received an order placed by PT First Mujur Plantation to purchase 480 sheets of traveler's checks from Bank Indonesia.

In the trials, it was alleged that the checks were ordered by the plantation company. It is still unclear if the company had business ties to Nunun's company.

The Corruption Court, which tried the suspects, failed to bring Nunun in as a witness, despite many attempts by prosecutors and three court summons. Her lawyers said that she was in Singapore to treat an illness that rendered her "severely forgetful".

One of her lawyers, Petrus Balapatyona, pleaded with the KPK to "leave her alone". "As a lawyer, I think that if [Nunun] is sick, then let her be. Just wait until she recovers. If she is disturbed, she may get worse," he was quoted as saying over the weekend by news portal kompas.com.

He added that if KPK investigators did not believe that she was suffering from severe forgetfulness, he would invite the KPK to form a team of doctors to check her condition, on the condition that the KPK's doctors had the same level of expertise and professionalism as Nunun's doctors.

Johan said the KPK would wait for Nunun's response to its summon. He said a team of doctors would make for a second opinion if Nunun insisted that she was sick and therefore could not appear for questioning.

"If she's healthy and appears for questioning, we won't have to assemble a team of doctors," he told the Post.

Petrus said the KPK should not bring Nunun in forcibly.

Whistleblowers will not get immunity, top court rules

Jakarta Globe - September 24, 2010

Nivell Rayda – The Constitutional Court on Friday upheld the 2006 Law on Witness Protection despite fears that it could prevent whistleblowers from unraveling major scandals.

The review of the law was filed by Comr. Gen. Susno Duadji, who has spoken out about corruption in the National Police but at the same time has been named a suspect in two graft cases.

The nine member panel ruled that even a whistleblower deemed indispensable to cases could still be prosecuted if he were involved in the crime.

"The provision does not violate the certainty of law and has ensured a sense of justice," Judge Achmad Sodiki said in the ruling. "A witness worthy of protection does not have ill intentions, such as trying to escape justice. In terms of protection, the person's rights are guaranteed by other laws."

Another judge, Achmad Fadlil Sumadi, said whistleblowers involved in the crime they are willing to expose should only be rewarded with a more lenient sentence for their cooperation and not immunity.

The court was split in its decision. Dissenting Judge Hamdan Zoelva said the law should be changed to encourage more perpetrators to come forward and expose criminal acts.

"The law has prevented the plaintiff Susno Duadji from further exposing acts of corruption. His information could also lead to the prosecution of other cases," Hamdan said. "Law enforcers must first investigate a witness's allegation and ensure that others are brought to justice before focusing on the crimes committed by the witness."

Susno's lawyer Maqdir Ismail agreed with the dissenting judge. "That is what we had hoped for. With the law staying the way it is, no one will want to become a whistleblower because there is little protection for them," he said.

The Witness and Victim Protection Agency (LPSK) had agreed to grant Susno protection at one of its safe houses after the former National Police chief of detectives claimed to have received death threats while in police custody.

The LPSK deemed Susno's testimony indispensable to uncover corruption inside law-enforcement agencies linked to their handling of a money- laundering and tax-evasion case against former tax official Gayus Tambunan.

Susno accused law enforcers of receiving bribes from Gayus in exchange for building a weaker case against him. Gayus was acquitted in March but has been rearrested after Susno's remarks. Gayus is again on trial, this time for bribing law enforcers.

Susno's remarks led to the arrest of two police officers, a judge at the Tangerang District Court and several others. The allegations also paved the way for reforms inside the Directorate General of Taxation. The National Police and the Attorney General's Office also demoted some of their officials in the scandal.

However, police have said they would not hand over Susno because he has been charged with accepting a Rp 500 million ($55,000) bribe to expedite a criminal investigation on behalf of a fish-farm owner in Riau, and also with embezzling Rp 3.8 billion from the West Java gubernatorial election security fund in 2008.

War on terror

Military to support Indonesia's police

Sydney Morning Herald - September 30, 2010

Tom Allard, Jakarta – Indonesia's military will play a greater role in combating terrorism, supporting police on major investigations and responding to attacks, the head of the country's new national counter- terrorism agency says.

However, Ansyaad Mbai said the military's activities would be curbed by regulations, including making them accountable "by civilian law" and restricting their use of firearms.

Mr Ansyaad also revealed, in an interview with the Herald, the armed forces were already involved in tracking militants in Sumatra, where three police were shot dead last week in retaliation for anti-terrorism raids that resulted in 18 suspected terrorists either killed or arrested.

The enhanced position of the military is a significant shift for Indonesia, where the police have dominated counter-terrorism activity since mass casualty attacks emerged in the archipelago with the bombings in Bali in 2002.

But there has been a change of thinking as Indonesia's terrorist threat changes, with militant cells uncovered plotting to attack pillars of the Indonesian state, including the President, Susilo Bambang Yudhoyono, and the police using high-powered weapons as well as explosives.

While the police elite counter-terrorism unit, Detachment 88, would remain in the lead in fighting terrorism, it would be joined on a new taskforce by representatives of the military, Mr Ansyaad said. Asked if it meant the TNI, as the military is known by its Indonesian initials, would have a greater role, Mr Ansyaad said: "Yes, before the TNI was passive."

It's a development that has alarmed human-rights activists and some terrorism analysts, with fears it means a tilt back to the authoritarian ways of the dictatorship of General Suharto. "It is a big concern since the TNI is a combat force," said Al Araf, a human rights activist from Imparsial. "That is why the President must issue basic rules about their role."

But Mr Ansyaad played down the concerns, saying the role of the TNI would be similar to militaries in other countries and that tough regulations were being drafted. "Once they enter the rubric of law enforcement, they will have to follow the regulations on the use of firearms that are used by police," he said.

"They can only be used in an emergency situation and accountability would be based on the civilian law." Mr Ansyaad's agency, known as the BNPT, would have several taskforces answerable ultimately to Mr Yudhoyono.

The TNI would be present on the primary taskforce charged with overseeing and co-ordinating major investigations and responding to attacks. Other taskforces will deal with issues such as countering the ideological message of violent jihadism.

The presidential regulation creating the BNPT allows the TNI to step in where there is a "gap in police capability".

Head of Special Detachment 88 antiterror squad replaced: Report

Jakarta Post - September 30, 2010

Jakarta – The National Police has appointed Sr. Comr. Mohammad Syafii as the head of Special Detachment 88 antiterror squad, replacing Brig. Gen. Tito Karnavian.

Tempointeraktif.com reported that the appointment was written in a Sept. 29 classified letter obtained by reporters.

Tito will chair the National Agency on the Eradication of Terrorism, assisted by North Jakarta former police chief Sr. Comr. Rudi Sufahriadi, and former special eceonomy deputy director Sr. Comr. Petrus R. Golose.

City Police chief detective Sr. COmr. Idham Azis will work as Syafii's deputy. However, National Police spokesman Insp. Gen. Iskandar Hasam said he had yet to know the mutation. "I'll check it," he said.

According to the letter, Sr. Comr. Ike Edwin will be promoted as the director for corruption crime division and Sr. Comr. Mochammad Iriawan will become the supervisory dicector for the security agency.

Indonesian militant hurt by bicycle bomb blast

Associated Press - September 30, 2010

Jakarta, Indonesia – An Islamic militant was critically injured when a homemade bomb strapped to the back of his bicycle detonated prematurely Thursday before he reached his apparent target – a police post outside Indonesia's capital. No one else was hurt.

Police spokesman Col. Boy Rafli Amar said a letter found in the 38-year-old man's back pocket said he was seeking "revenge for the infidels who killed Islamic fighters". "We will hunt you even if you run into the clouds," the note, written on two pages, said. "Your death is certain."

The low-explosive device, packed with ball bearings and nails to maximize the impact of the blast, apparently went off accidentally when the suspect was 100 yards (meters) from the police post in Jakarta's industrial suburb of Bekasi.

Indonesia, a secular nation with more Muslims than any other in the world, has been battling terrorists since 2002, when militants linked to the Southeast Asian network Jemaah Islamiyah started attacking Western nightclubs, restaurants and embassies. More than 260 people have been killed, many of them foreign tourists.

A new homegrown terror cell discovered in Aceh province in February, however, has shifted tactics, targeting the country's moderate leaders and its security forces for joining a US-backed crackdown on militants. Scores of suspects have been arrested since then and more than a dozen killed.

"This is revenge against you, the devil's allies, who kill, sentence to death, and arrest the Muslim fighters," said the note carried by the man, who suffered wounds to the face and neck. "We are ready to die for this noble religion."

Last week, heavily armed Islamist militants stormed a police precinct on Sumatra island, fatally shooting three officers.

TNI commander welcomes initiative to co-handle terrorism

Jakarta Post - September 27, 2010

Jakarta – Newly appointed Indonesian Military (TNI) commander Adm. Agus Suhartono has positively welcomed a plan to join the newly established National Antiterrorism Agency (BNPT).

Agus said it would allow his staff to offer their extensive skills in the fight against terrorism.

"We really hope that a political decision will allow us to join the BNPT," he said at the House of Representatives in Jakarta on Monday, as quoted by tempointeraktif.com.

Police chief Gen. Bambang Hendarso Danuri had previously announced an initiative to invite the TNI to join the antiterrorism agency.

Army must play part in battle on terrorism: Lawmakers

Jakarta Globe - September 23, 2010

Aidi Yursal & Zaky Pawas, Jakarta – Lawmakers visiting the site of Wednesday's terrorist attack on a police post in Medan, North Sumatra, said they wanted the armed forces to be involved in the fight against terrorism.

The nation has so far mostly relied on the National Police's Densus 88 counterterrorism squad.

Bukhori, a member of House Commission III on legal affairs, said on Thursday that terrorism was everyone's enemy and efforts to eradicate it could not only rely on just one institution.

"Security is our common need. All institutions should be involved, including the society," he said at the Hamparan Perak Police station, the target of the attack. Bukhori, of the Prosperous Justice Party (PKS), also said the commission would evaluate the performance of the Densus 88.

Edi Ramli Sitanggang, another member of the commission, said the assessment would include whether the squad was following the proper procedures when engaging suspects in gunfights.

The commission said it would summon National Police Chief Gen. Bambang Hendarso Danuri to appear on Tuesday to give a briefing on the attack.

Edi agreed the Army should also be involved in the fight against terrorism and said the public should report suspicious activity in their neighborhoods.

North Sumatra Police Chief Insp. Gen. Oegroseno said he would not be seeking more personnel or weapons for precinct stations but would ask the local administration to revitalize neighborhood night patrols. He also would enlist local neighborhood figures to help guard the post.

Oegroseno dismissed speculation the attack was meant to undermine his image or that there was no coordination with Densus 88. He said the squad was cooperating well with local police, including in this week's raid that killed three police officers.

The lawmakers also visited the home of Marwan, one of two terrorist suspect wounded in a weekend police raid in Pulo Agas, just two kilometers from the police station.

Marwan, a member of the local chapter of the hard-line Indonesian Mujahedeen Council, and his in-law, Yono, were shot by officers on Saturday night. Police believe the raid on their station was in retribution for the Pulo Agas raid.

Marwan's wife, Ruswanti, told the lawmakers that two men had come to the house to see her husband but he was not at home. She had fetched Yono from his home and gone to talk to Yono's wife at the latter's home.

Ruswanti said she then heard loud noises that sounded like firecrackers coming from her house. When she went back, Yono and the three men were no longer there and the house was in a shambles, with traces of blood.

Attack on police called revenge for terror raids

Jakarta Globe - September 23, 2010

Farouk Arnaz & Heru Andriyanto, Jakarta – Armed men who attacked a subdistrict police station in Medan in the early hours of Wednesday, killing three officers, are linked to the group that committed a bloody bank heist in the same city, police said.

"They are linked to the CIMB Niaga bank heist. They demonstrated a similar pattern of attack and they seemed to be well-trained," National Police spokesman Insp. Gen. Iskandar Hasan told the Jakarta Globe.

National Police Chief Gen. Bambang Hendarso Danuri said raids by the elite Densus 88 antiterror police unit in North Sumatra on Sunday prompted the revenge attack. The weekend raids left three suspects dead while 15 others were arrested.

According to Bambang, the suspects are connected with an Aceh-based terrorist group, and were also responsible for a spate of robberies in the region, including the deadly Aug. 18 CIMB Niaga robbery.

"At first they targeted foreigners, then they robbed to get money to finance their movement and now they have gathered the courage to attack a police station," he said.

Security experts were also quick to speculate that Wednesday's attack was in revenge for the three men killed in Sunday's police raids.

"In my opinion, this is outright retaliation. There is an ideology called qishas, or an eye for an eye," security expert Noor Huda Ismail said.

Intelligence analyst Dynno Cresbon said the attack was most likely masterminded by terror fugitive Abu Tholut.

"The attack fits the style of Abu Tholut, who always deploys a group of men with assault rifles," Dynno said. "In this regard, he differs himself from Noordin Moh Top or Azahari who preferred to recruit suicide bombers."

"The Abu Tholut group sees police as their target, and that isn't a recent thing. Remember the attack on a police post in Purworejo [Central Java] in April. He is believed to have been responsible for that attack too," he said.

Al Chaidar, a terrorism expert from Malikussaleh University in Aceh, said the attack carried Tholut's signature, but he doubted that it was motivated by revenge.

"Abu Tholut has the skills for guerilla tactics and robbery. But I think the series of attacks involving his group were born from careful planning," Al Chaidar said, adding that the preparations for the early morning raid on the police station would probably have taken months. "It won't be surprising if they expand their attacks to military targets," he warned.

[Additional reporting from Kinanti Pinta Karana & Candra Malik.]

Extremist & hard-line groups

Hard-liners allege HKBP church forged ID cards

Jakarta Post - September 24, 2010

Jakarta – The Bekasi Muslim Congress (KUIB) said it would report the beleaguered HKBP Pondok Timur Indah church to the police for allegedly forging the identity cards of local residents to gain a church building permit.

"They borrowed 100 identity cards from local residents without telling them of the purpose," KUIB secretary Shalih Mangara Sitompul said, as quoted by tempointeraktif.com.

Shalih said that the KUIB would give the police hard evidence of the allegations. KUIB, which said it represented Bekasi Muslims, denied attacking the Christian congregation on Aug. 8.

HKBP Pondok Timur Indah members told the police that 20 members had been injured on Aug. 8 in the fifth attack on the congregation.

Bekasi Police chief Sr. Comr. Imam Sugianto said Thursday there no HKBP members had been hurt.

The year-long conflict between the church and Muslim hard-liners peaked on Sept. 13 when attackers stabbed a church elder and injured its minister.

Hizbut Tahrir denounces HKBP, demands Islamic state

Jakarta Post - September 23, 2010

Jakarta – Hundreds of Hizbut Tahrir Indonesia members rallied at the Hotel Indonesia traffic circle in Central Jakarta on Thursday to support a regulation on houses of worship and implementation of sharia.

The hard-line Islamic group activists unfurled posters to denounce followers of Batak Christian Protestant Church (HKBP) for failing to comply with a joint ministerial decree on development of places of worship, which requires a congregation to seek approval from local people's consent if they wish to build a house of worship.

"HKBP commits treason against the state," read posters displayed by the Muslim group activists.

The demonstrators asked the government to strictly implement the decree so as to avoid conflicts between people from different faiths in the country.

An attack on HKBP leaders in Bekasi, West Java on Sept. 12 has sparked a controversy over whether the decree is needed or not in the country which claims to uphold religious tolerance and mutual respect.

The Hizbut Tahrir activists also renewed calls for implementation of sharia and formation of an Islamic state, despite the fact that the People's Consultative Assembly has declared the pluralistic state of Indonesia already final. The demonstrators said minority groups would be protected under an Islamic state.

Ethnic & communal conflicts

'Sensationalism' fanning the flames of conflict

Jakarta Globe - September 30, 2010

Nurfika Osman, Jakarta – The propensity of Indonesian news media, particularly on television, for highlighting dramatic conflicts is not helping promote peace and pluralism, experts said on Thursday.

"The kind of journalism we have loves highlighting drama instead of emphasizing the spirit of peace and multiculturalism, without looking at its effect on our diverse audience," said Agus Sudibyo, of the Technology Aesthetics and Science Foundation (SET), which promotes pluralism, freedom of information and media democratization. "Media should not serve as a conflict intensifier. It should give something positive to our diverse community," he added.

Agus was speaking at the Television Journalism Awards for Peace and Multiculturalism in Jakarta on Thursday. The awards recognized Trans7 for featuring the plight of families from East Timor and East Nusa Tenggara who meet in border areas to maintain their relationship, and DAAI TV for its report on a Sundanese-Chinese musical group.

The awards were organized by the SET Foundation, USAID-Serasi and the Union of Indonesian Television Journalists (IJTI).

Prominent Indonesian director Garin Nugroho cited the coverage of Wednesday's vicious brawl outside a Jakarta court house, in which three victims had their limbs hacked off, as an example of inappropriate coverage.

"Our television environment is not healthy as the parts of events they air are the violent ones and, sadly, they air them repeatedly," Garin said. "This is a threat to the virtue of unity of diversity in Indonesia, our people always see symbols of violence on television."

Wednesday's brawl was the latest in a recent spate of local violence, including tribal clashes in East Kalimantan that have left five dead, communal violence in West Nusa Tenggara and a spike in interfaith conflict that saw two protestant church leaders attacked in Bekasi.

Competition, Agus said, contributed to this divisive media culture. "Capitalism and consumerism are to blame for this condition," he said

Separately, Dadang Rahmat Hidayat, the chairman of the Indonesian Broadcasting Commission (KPI), said journalism in Indonesia must evolve beyond base sensationalism.

"We have not reached the level of journalism that has responsibility and ethics by promoting peace and multiculturalism," he said, adding that many things still needed to be done to fix the journalism industry in the country, especially television.

The organizers said they hoped the award could reset the path for Indonesian media, away from sensational reporting and toward thoughtful dialogue.

"We hope this award will be able to encourage more people who work in media to promote peace and multiculturalism as media have a big role in building this value," said Imam Wahyudi, the chairman of IJTI. "Media should not be provoking violence in the society."

Two killed, policeman shot as anarchy hits Jakarta blowfish trial

Jakarta Globe - September 29, 2010

Heru Andriyanto, Jakarta – Two men reportedly died in a brawl and a policeman was shot in front of the South Jakarta District Court where the trial relating to the over a deadly Blowfish nightclub fight was taking place. Witnesses said they saw two bodies in gruesome conditions.

"The brawl erupted on the street between two camps of the Blowfish case, one camp opened fire and the other awaiting, stood at another end of the street carrying machetes," a witness told the Jakarta Globe on condition of anonymity.

"We saw a man was shot and as he died, his opponents stabbed his body with machetes," he said. "There were two bodies on the street, one's head was crushed and the other one had a gunshot wound," the witness said.

The brawl was related to the conflict between supporters of the suspects and the victim in the previous hearing.

"They have firearms, they have to be arrested. They fired shots but the police ran away, you must arrest them all," a friend of the victims told South Jakarta Police Chief Sr. Comr. Gatot Edy.

Police are still attempting to negotiate with the warring camps. The police beefed up security by deploying more than 200 officers around Jalan Ampera, South Jakarta, where the court is located.

A few minutes before the brawl, a police officer named Lambua WW rushed into the court room and shouted that he had been shot. "I heard a gunshot and suddenly my hand was bleeding, I have no idea who fired the shots," he told the Globe.

Powerful politicians, security officials behind deadly clashes

Jakarta Globe - September 30, 2010

Markus Junianto Sihaloho & Heru Andriyanto, Jakarta – A leading figure in the eastern Indonesian community residing in Jakarta has alleged that powerful puppet masters were behind the deadly clashes outside a court house in the capital on Wednesday.

In disturbing scenes that far removed from Indonesia's status as a member of the G-20 major economies, two rival gangs fought each other in pitched battles with firearms and machetes. Three people were shot and hacked to death, a dozen people injured, three police offices suffered gunshot wounds and public vehicle vandalized during the anarchy on Jalan Ampera Raya in South Jakarta.

Robert B. Keytimu, of Ambonese ethnicity, said "certain people" in power were behind the clashes between an Ambonese gang headed by John Kei and a rival Flores group.

He said it was suspicious that police had failed to foresee and prevent the deadly brawls leading to allegations that senior politicians or members of the security forces were intent on stoking violence.

"There must be intellectual actors behind the brawl. I cannot elaborate on who they are. But the police must focus on arresting them," Robert said after a closed-door meeting with La Ode Ida, deputy chairman of the Regional Representative Council.

La Ode Ida said the DPD would mediate the two groups involved in the brawl by inviting them to a meeting that would likely be held on Oct. 3 or Oct. 4. La Ode said the meeting was aimed at calming the situation by bring the two groups together to discuss the issues.

"We will bring them to find solutions over the problems between themselves. We hope, in the future, they can prevent themselves from being involved in similar fights," he said.

The fight broke out as two people from the Flores ethnic group were about to stand trial for their role in a brawl in April at the Blowfish nightclub in South Jakarta where two people died.

April's incident pitted the Flores group against a rival gang from Ambon, Maluku, both of which were vying for control of security and protection rackets in South Jakarta.

The South Jakarta District Court, meanwhile, has refused to bow to threats of violence by the groups of thugs and says it will continue with the trial.

"The trial should stay in the court to show independency in the case. If we moved the trial venue to the police station, it would spark allegations that we offered protection to a particular side," said Kamari, security coordinator with the court.

On Wednesday, Kamari said he was considering moving the trial to the South Jakarta District Court. He said security would be increased.

Indonesia police deploy unit to Tarakan after ethnic riot

Jakarta Globe - September 29, 2010

Anita Rachman, Jakarta – Following a deadly riot that resulted in a man's death, National Police Chief Gen. Bambang Hendarso Danuri said that he had already sent officers from the Mobile Brigade or Brimob unit to secure Tarakan, East Kalimantan.

"At 3 a.m., we deployed officers from the Brimob Headquarters in Kelapa Dua [Depok] and have reported the latest development to the president," Bambang said at the House of Representatives on Wednesday.

The situation in Tarakan remains tense after a riot broke out between the local ethnic groups of Tidung and Bugis. All the police would say is that the riot, which resulted in the death of a 50-year-old man named Abdullah, revolved around an extortion attempt. A group of men also burned down the house of the man they identified as the alleged murderer.

Bambang said that the police was doing everything they could to stop the violence. "We have also gotten assistance from the military to secure the area and we have met with local figures and ethnic leaders from both sides to stop the violence," he said.

"We are evacuating people and taking preventive measures to stop violence from reoccurring. I ask everyone not to be provoked," he added.

S Widjanarko, a military spokesman, confirmed the evacuation. "People are taking shelter at military bases around Tarakan," Widjanarjko said.

"In evacuating the locals, the military is not taking sides. We are only trying to give people a sense of security and the local police has requested that we help in securing the area to prevent the conflict from getting bigger," he added.

South Sulawesi Governor Syahrul Yasin Limpo called out to Bugis ethnic in East Kalimantan, especially in Tarakan, to keep their feelings in check.

"I hope the tension in Tarakan will decrease and the conflict will not get bigger. I ask the Bugis people in Tarakan to control your emotions and not be provoked. Please be safe," Limpo said on Tuesday night.

Freedom of religion & worship

Intolerance 'on the rise' among Muslims

Jakarta Post - September 29, 2010

Jakarta – Religious intolerance among Indonesian Muslims has increased in the last 10 years, a new study shows, indicating a link with the rise of Islamic fundamentalism in the country.

The survey results were announced Tuesday by the Center for the Study of Islam and Society (PPIM), an independent research center at the State Islamic University (UIN) in Jakarta.

The findings confirmed the results of previous surveys by other study groups.

PPIM executive director Jajat Burhanudin said his center's study was conducted nationwide between 2001 and 2010, each year surveying different groups of 1,200 Muslim men and women aged 17 and above, mostly elementary and junior high school graduate from various backgrounds.

"The study used several indicators to measure tolerance such as the level of objection among Muslims to non-Muslims teaching their children in public schools, and to plans by non-Muslims to building houses of worship," he said.

The survey showed that non-acceptance levels among the surveyed Muslims toward the construction of churches and other non-Muslim religious buildings in 2010 was 57.8 percent, the highest ever recorded since 2001 (40.5 percent).

In 2010, around 27.6 percent of those surveyed said they did mind if a non-Muslim taught their children at school, a 6.2 percent increase compared to 2008 (21.4 percent), but still lower than in 2007 (33.5 percent).

Jajat, who teaches Islamic history at UIN, said the statistics showed that in the past 10 years, intolerance among Muslim Indonesians appeared to have risen, especially in the case of construction of places of worship for non-Muslims.

The Indonesian Communion of Churches (PGI) said that in Greater Jakarta alone, at least 11 churches and Christian institutions were either destroyed or sealed off between January and August this year.

"We also tracked how this trend correlates with the rise of Islamic extremism. This means the more intolerant a Muslim is, the more likely that person is to support a fundamentalist agenda," Jajat said.

He added that extremist ideology was widespread given the lack of strict standards and policies on mitigating the negative impacts of fundamentalism since the end of the authoritarian New Order regime.

A number of Islamic boarding schools still see teachers using "emotional appeals" in teaching students about non-Muslims, Jajat said.

The instructors, he continued, were acting independently of any Muslim association, making it hard for the government to monitor them. The Islamic hardliners, Jajat said, shared the same goal of trying to make Islam the basis of the state.

The study also revealed that 31.4 percent of respondents in 2008 supported chopping off the hand of a convicted thief as a legal form of punishment. This was an increase from 28.9 percent in 2001.

Jajat said he hoped that through these findings, the government would formulate policies aimed at building a more tolerant society.

Commenting on the survey, International Conference of Islamic Scholars secretary-general Hasyim Muzadi said, "The level of interreligious tolerance among Indonesian Muslims is high. However, there are cases in which religion is pitted against ethnicity; that is the root of emerging interreligious problems."

Among instances of religious violence was the Sept. 12 stabbing of two church leaders in Bekasi, West Java.

Hasyim, also former Nahdlatul Ulama chairman, said religious minorities, including Muslims in Christian-majority areas, should be more sensitive when building houses of worship.

"They need to make full use of interreligious forums and local authorities should provide alternatives for the minority if locals rejects their proposal to build a new place of worship," he said. (tsy)

Government to maintain disputed religious decree

Jakarta Post - September 30, 2010

Jakarta – Religious Affairs Minister Suryadharma Ali said on Wednesday that the government would maintain the controversial joint ministerial decree on establishment of places of worship despite fierce objections from minority groups.

Suryadharma, an Islamist United Development Party (PPP) politician, said the decree issued by the Religious Affairs Ministry and Home Ministry in 2006 would stay as it is and no revision is envisaged.

"The government is considering upgrading the decree so that it will be more strongly legally binding," he said in Yogyakarta where he attended a World Zakat Forum conference as quoted by Antara news agency.

The decree is fiercely disputed by minority religious groups who often cannot build their places of worship because they cannot meet the requirements, especially the consent of the local religious majority in the particular area.

Suryadharma said that if the decree were revoked as some have been demanding, there would be chaos because citizens would take the law into their hands.

Government urged to pass law on interfaith harmony

Jakarta Post - September 23, 2010

Apriadi Gunawan, Medan – Academics, religious leaders and students in North Sumatra have called on the central government to immediately issue a law regulating on inter-religious relationships.

The call was made Tuesday following recent attacks on houses of worship, which were viewed as having the potential of sparking interfaith violence.

"As a pluralistic country, Indonesia needs a law regulating inter-religious life," Jhon Tafbu Ritongam, the academics spokesman, said in a joint forum in Medan at the School of Economy of the North Sumatra University (USU) on Tuesday.

Ritonga, dean of the USU School of Economy, said the law on interfaith relationships should be issued as a guidance for people of different faiths in maintaining harmony.

As an economist, Ritonga compared interfaith regulations with the regulation of market economies, which have clear and complete rules governing its implementation.

According to Ritonga, the further the economy of a country improves, the more complete and detailed the rules are. He said that to overcome a financial crisis, a bank should have a protocol to resolve the issue to avoid having a negative impact on other banks and the economy.

"In interfaith life, there should also be a protocol to resolve issues and conflicts that could extend to the community," said Ritonga.

Ritonga added that in terms of building and maintaining harmony, they could learn from the market economy system which provides freedom as well as rules. He said rules, such as bans on monopolies, oligopolies, monopsonies and cartels must be imposed to maintain healthy competition.

In response to the attacks on houses of worship, Ritonga said it was detrimental in an economic perspective. "Obviously, it is a disadvantage to the economy because the yields of development have been destroyed," he said, adding that, according to economic perspectives, the presence of houses of worship was part of trade principles that benefit everyone.

Ritonga added that interfaith issues had echoed across the globe, from the US to Lomban Lobu village in Humbang Hasundutan regency, North Sumatra.

He said in the US, Reverend Terry Jones opposed plans to build a mosque near Ground Zero in New York, by threatening to burn the Koran, while a report in the Internet said a mosque in Lumban Lobu was set on fire in July this year. According to Ritonga, the reports are the actions of individuals that could extend to community issues, and escalate into interfaith conflict.

"Personal actions that escalate into inter-religious issues negatively impact the economy on a local, national and even international scale. If this is allowed to happen, it could damage the community, the state and mankind," he said.

Akmal Tarigan from the North Sumatra State Islamic University said religion currently was no longer an inner reflection for its adherents but had become a sort of organization. As a result, he added, religion often sparks conflicts of interest triggered by negative sentiments.

He said the condition also influenced religious life and led to misbehavior in practicing religion, such as attacking houses of worship. "We should base religion on its spiritual values and not as a trigger of conflict of interests," said Akmal.

Sex & pornography

Minister hints at reward for Indonesia's citizen porn patrollers

Jakarta Globe - September 27, 2010

Ismira Lutfia, Jakarta – The Ministry of Communications and Information Technology wants to employ the public as an ally in the battle to eradicate Internet pornography.

Communications Minister Tifatul Sembiring on Monday said the ministry would reward citizens who report porn sites to them, though it was unclear what they would receive.

Gatot Dewa Broto, the ministry spokesman, told the Jakarta Globe that they had yet to discuss details of the scheme but it would take into account the quantity of one's complaints lodged to the ministry's call center for offensive content on the Internet.

The ministry can be reached by telephone at 02138997800 from 9 a.m. to 2 p.m., or by sending an e-mail to aduankonten@depkominfo.go.id.

"We forward those complaints to the Internet service providers and we would consider giving a reward based on the success rate," he said, adding that so far the ministry has managed to identify and block a significant number of porn sites with the help of complaints lodged by the public.

Tifatul claimed on Monday that the ministry has blocked 90 percent of the pornographic Web sites on the Internet.

However, several such sites were still available, including the ones the ministry claimed were blocked in Indonesia since the eve of Ramadan, such as Playboy.com, 17tahun.us, youporn.com and porn.com.

The banned sites were chosen based on lists of most-accessed sites on the ministry's filtering system, as well as from Alexa.com, which ranks Web traffic.

Gatot acknowledged that the ministry's efforts still had loopholes because keywords pinpointing online porn keep changing. "It's a challenge for us since many non-porn related words are now also used as keywords," he said.

Peri Umar Farouk, the resources coordinator of Jangan Bugil Depan Kamera (Don't Get Naked in Front of a Camera), which was one of the 10 civil organizations that backed Tifatul's war on pornography, demanded that the ministry be more open about the mechanism it uses to block Internet sites.

Peri said he was not sure about system the ministry was using because the most popular porn sites are still accessible.

"I think the ministry should publicly announce an accountable list of offensive sites and report it back to the public which ones have and have not been blocked," Peri said.

"Don't just ask the public to report and then leave them unaware of what happened to their complaints," he added, saying the government should compile a list of Web addresses it deemed offensive.

He also cast doubt on the effectiveness of the ministry's call center as part of its effort to protect Indonesian citizens from offensive Internet content.

"The government could adapt China's strategy to list and block those porn sites, as [China] has been able to make 15,000 porn sites inaccessible," Peri said.

[Additional reporting from Antara.]

Tifatul asks public to report internet porn to government

Jakarta Globe - September 27, 2010

Jakarta – Indonesia's Communication and Information Minister Tifatul Sembiring is adopting a new strategy in his ongoing crusade to rid Indonesia of Internet pornography.

"We will keep on blocking pornographic contents with various innovations, such as giving special rewards to members of the public who report porn sites to us," Tifatul said during an event in Bandung, West Java, on Monday.

He did not say what the rewards were and was not asked if the campaign would in fact encourage people to search the Internet for pornography before reporting offensive material to the ministry's porn hot-line.

Tifatul claimed that his ministry had successfully blocked 90 percent of the pornographic Web sites on the Internet, adding that Internet service providers updated their lists of banned content three times a day.

Most sites the minister has previously said he is targeting, however, are still available.

Tifatul's porn net 'full of holes', ministry concedes

Jakarta Globe - September 23, 2010

Ismira Lutfia, Jakarta – Got porn? You will now, ever since the much- vaunted block on a host of Web sites deemed offensive by the minister of communications dissipated sometime in the past month.

Some of the sites blocked by six major Internet service providers on the eve of Ramadan, including Playboy.com, 17tahun.us, youporn.com and porn.com, are now as accessible as the housewives who answer the door for the proverbial pizza delivery guy.

The formerly banned sites were chosen based on lists of most-accessed sites on the ministry's filtering system as well as from Alexa.com, which ranks Web site visits. Tifatul Sembiring, the minister of communications and information technology, at the time of the ban boasted to having censored 80 percent of "offensive" Web sites.

But on Thursday, Gatot Dewa Broto, a spokesman from the ministry, conceded the campaign against pornography "still has loopholes here and there," adding that efforts were ongoing and evaluated monthly.

"Quantitatively, many of those porn sites are still accessible since they have been reworded, and all the feedback we receive will be forwarded to the Internet service providers," he told the Jakarta Globe. He added the ministry would also seek clarification from the ISPs on "their commitment to continue blocking the sites" that it deems offensive.

Hadi Supeno, chairman of the Indonesian Commission for Child Protection (KPAI), said the campaign for a pornography-free Internet was a Herculean task because it was a "complex and deeply rooted" problem. He said one of the main shortcomings of the program was government regulations that were "not bold enough to wage war in blocking porn sites."

"I think it requires a collective, supportive policy from the government, not just from the Communications Ministry," he said, adding that the government should also be prepared to seriously negotiate with ISPs to enforce the ban.

Hadi said the Communications Ministry was taking the right approach on the issue, but needed more support from other arms of the government. "We also need more human resources such as IT experts to deal with this problem, and this is something we lack," he said.

However, the best protection for children and teenagers against pornography still came from family, Hadi said, which meant parents needed to be Internet literate.

"They're the ones who can provide the best guidance for their children on what makes for acceptable viewing on the Internet," he said. "The government should also be more proactive in providing [home-based] filtering software."

Land disputes & evictions

Land brokers turn people's dreams into nightmares

Jakarta Post - September 24, 2010

Ika Krismantari, Jakarta – Some people have given up on the dream of owning land in Jakarta due to financial constraints, but many more pursue the dream through land brokering services, with unexpectedly tragic results.

Land brokers promise to help find affordable property as well as offer the additional service of processing the necessary land documentation with reduced red tape.

But the public may have to be careful with these services as not all brokers harbor good intentions.

Unlike official land and property agents, these middlemen work through word of mouth, selling plots of land at cheap prices by claiming that the land belongs to locals, whereas the ownership of the land is actually under dispute or the land has been sold to other parties.

Jakarta's nightmarish land certification system has made brokering common in the city, with some people taking advantage of loopholes to dupe buyers, leaving them with no money and no land.

The National Land Agency (BPN) claims that almost 31 percent of the land in Greater Jakarta was not registered, giving rise to thousands of land disputes.

Sutrisno almost fell victim to a land broker when he found out that ownership of the 170-square-meter plot of land he bought two years ago in Cinangka, Depok, was actually under dispute. "People came to my house claiming to be the owners of the land," he said.

Sutrisno, who works as caterer, was told that his land was located in an area whose ownership had been under dispute for decades. Three companies claim rights to the land.

Sutrisno said he became worried and realized that he had spent Rp 200 million (US$22,400) – years of savings – to buy the land.

"I asked the broker to clear up the problem. Fortunately, he did by convincing other claimants that my land was not part of the disputed area," Sutrisno said, showing a statement from local officials and companies acknowledging his ownership of the plot.

Many others, however, have not been as fortunate. Onny Hendryanto has not received any certificate from her broker despite having already paid Rp 54 million for a plot of land in Pulo Gebang, East Jakarta, in 2005.

"The BPN said they couldn't issue the certificate because the land was already registered under someone else's name," he said. His broker reportedly sold the land to different parties and forged documents with the help of relevant officials.

The director for Rapid Agrarian Conflict Appraisal, Nur Amalia, said these crimes were not the work of a single con man, as the middlemen were usually assisted by insiders. "They need to process the papers, which cannot be done without the approval of local officials," she said.

Munawar, a middleman operating in Cinangka, confirmed this. He said he used to work as a clerk in a subdistrict office and maintained good connections and networks in the area to assist in his job. "It only took two days to get all the documents done," Munawar said.

He declined to say how much he earned from his service, but told The Jakarta Post that he could land multi-billion rupiah transactions.

Tips to avoid being conned in land deals

1. Buy land directly from the owners.
2. Check the authenticity of land certificates with local officials and with the National Land Agency (BPN).
3. Use official land brokers.
4. Don't be tempted by cheap prices. To determine the real value of the land, check the official market value of the land at the local tax office.

Lousy records, red tape, lands in trouble

Jakarta Post - September 23, 2010

Ika Krismantari, Jakarta – A century-old mess in the land certification system coupled with corrupt officials and opportunistic local people have exacerbated conflicts over land ownership in Jakarta, taking its toll on poor people.

The end of Dutch colonization introduced fresh air for the new country but created a major headache for the new state, to resolve unsolved land ownership problems.

The colonial system bequeathed a Dutch agrarian system, dividing land ownership into two types – state and private. But many land ownership claims remained unrecorded.

So when the government wanted to start managing the agrarian sector in the 1960s, it had to face a hard work on certification, a process that is still incomplete.

"Many land plots in the capital are still uncertified. This is the main reason why there are so many land disputes in the city," agrarian law professor at the University of Indonesia, Arie Hutagalung said.

Despite decades of implementing the certification process, the Jakarta office of the National Land Agency (BPN) has only managed to register 69 percent of land areas in the city, leaving the rest prone to conflict.

No recent data on land disputes in Jakarta is available, but the latest media report estimates at least 120 reported disputes filed in 2007.

Conflicts usually revolve around two or more parties claiming ownership of the same land. Conflicting parties can be individuals, companies or government agencies. Some city land disputes have ended in deadly clashes. Most victims are poor.

The bloody Koja clash in April is an extreme example where a land dispute ended in tragedy. This happened when the authorities clashed with locals over enforcement of a land purchase while locals believed that the site in question was the last resting place of an historical Muslim preacher Mbah Priuk.

The attempt to claim the site for state seaport operator PT Pelindo, which claimed to have purchased the land led to an incident with three people killed and 200 injured.

The director for Rapid Agrarian Conflict Appraisal, Nur Amalia blamed the government for failing to enforce clear regulations.

"People may still encounter problem even with certified lands, if they find there is more than one certificate...BPN has its own weaknesses," she said, referring to corrupt officials that might forge land certificates and sell them to people.

Nur Amalia believes there would be no land crimes if the land agency could apply good governance in the land registration system.

"Everybody has gone online nowadays. Why can't they apply this technology in the system? It will be effective to combat misappropriation if people can check the land status online," she said.

However, BPN head Joyo Winoto said earlier that the agency would soon be able to resolve more than 3,500 land disputes this year.

The agency recorded almost 7,500 cases throughout Indonesia in 2009.

Legislation & parliament

Construction of new DPR building postponed

Jakarta Globe - September 30, 2010

Markus Junianto Sihaloho, Jakarta – In a surprising but likely welcome turn of events, the House leadership announced on Thursday that the construction of the controversial new building for lawmakers would be postponed.

House of Representatives Speaker Marzuki Alie said no construction would be done this year as the budget for the project may be decreased further after undergoing another review.

The announcement was made after a closed-door meeting between the Household Affairs Committee (BURT) and the House's Secretariat General technical team, which has been tasked with reviewing the plan.

The technical team made recommendations to lower the new building's total budget from Rp 1.8 trillion ($200 million) to Rp 1.3 trillion ($145 million).

"We hope they can decrease it to around Rp 1.2 trillion ($135 million)," Marzuki said. "We have ordered the team to conduct another review to decrease the budget again."

He explained that the original budget was drawn up by the Public Works Ministry based on a price list regulated by a ministerial decree. "We urged them to use actual prices," he said, adding that this would result in big savings.

And although the building design would not be revised, the House speaker demanded the reduction of the interior design budget. "Furniture from the current building could be relocated to the new building. It could save us a lot of money," he said.

Marzuki added the new review would take time. "I said firmly that the new building should not be built this year," he said.

The cancellation of the construction must officially be agreed upon in a plenary meeting first, however. As soon as the technical team finished its review, Marzuki said all House factions would meet and make the final decision.

"It's not a problem for the House leadership if the plan was postponed until next year, he said. "And even if the plan is totally aborted, then it's not a problem, as long as all factions agree with it and it's decided through a plenary meeting." He added there is a possibility that the plan can be canceled.

Marzuki's announcement came two days after he said that the construction will push through and will start in October. Marzuki had previously defended the House's resistance to changing the plan by saying the building design had been decided upon before he was elected speaker in 2009.

The plan outlined a new 36-story building that would provide spacious 120- square-meter office suites for each lawmaker. News of the building having a special floor for recreation with a swimming pool and a health spa had sparked public outrage.

Study tours are junkets for legislators, critics say

Jakarta Globe - September 30, 2010

Nivell Rayda & Armando Siahaan – Antigraft activists on Thursday demanded that the House of Representatives put a stop to overseas comparative studies, suggesting that the visits were nothing more than extended leisure trips.

The Indonesian Forum for Budget Transparency (Fitra) said that lawmakers were allocated Rp 122 billion ($13.6 million) for official overseas visits in the 2010 state budget, a 30 percent increase over the 2009 figure.

"The information [allegedly] gathered by these lawmakers is widely available online and in libraries in universities across Indonesia. My son is in junior high. Even he could produce a better report on his school field trip to the Kalibata Heroes Cemetery than the lawmakers who have spent billions traveling overseas," Fadjroel Rachman of the Anticorruption Civil Society Coalition said on Thursday.

The watchdog obtained the data from the House's budget implementation document [DIPA], which details authorized spending by the legislature.

The documentation from Fitra states that for each bill being deliberated, the respective House commission would send delegations to two countries for seven days each, with each group consisting of 13 lawmakers and two secretaries.

"However, the output of the studies and the impact of those studies on the deliberations of bills are appalling," Ronald Rofiandri of the Center for Law and Policy Studies said.

Ronald said that since House members were inaugurated exactly a year ago, they had managed to make 19 overseas studies to 14 different countries.

"The House traveled to Sweden and New Zealand to deliberate the horticultural bill. Upon returning, they only produced a two-page report, and this report depicted how shallow the quality of information they had gathered, and how insignificant the trips were for the deliberation process," Ronald said.

He also claimed that the previous House had made numerous trips as well. "The last House made 143 trips overseas during their 2004-2009 terms. Only three reports were ever produced. One of the reports was only a single page long and that included their schedule," Ronald said.

Ronald added that the schedules of the trips were also problematic. "Some trips, like the one to China [for the purpose of] the social welfare bill, were conducted at a very early stage, even before any deliberations for the bill had been scheduled. Meanwhile, for the immigration bill, the trip was conducted too late, after the working committee had been dismissed."

Deputy House Speaker Anis Matta said the House leadership had agreed that all overseas trips should be explained to the public through a press conference before and after the trip. Anis also said that House speakers had asked the secretariat general to review some bills that may not need comparative studies abroad.

Indonesia's house of representatives gets an 'F' for fail: NGO

Jakarta Globe - September 30, 2010

Anita Rachman, Jakarta – An "F." That, according to a respected Indonesian nongovernmental organization, is the report card for the country's heavily criticized House of Representatives after a year-long assessment.

Sebastian Salang, coordinator of Concerned Citizens for the Indonesian Legislature (Formappi), released its annual assessment of the House, also known as the DPR, on Thursday and graded six key areas, namely legislating, budgeting, monitoring, performance of the House commissions, aspiration absorbance and the House Ethics Council.

"Procedurally, they had held meetings and monitoring. But when we look at the results... they have been doing a poor job that is far beneath expectations," Sebastian said. "They got an F."

He slammed the House and the sitting group of legislators for passing just eight bills since they were sworn in on Oct. 1 last year, with only one of the bills listed on the he National Legislation Program (Prolegnas).

There was no chance the House would meet its target of enacting or amending 70 bills by the end of the year, he said.

He also lambasted legislators for criticizing the government simply to increase "their budgeting position" for their own vested interests and slammed the House for spending 52 percent of its Rp 1.22 trillion ($137 million) budget on international and domestic travel.

"I am afraid that if we don't warn them, next year they will spend 70 percent of their budget on travel, he said."

He said the Ethics Council had received 22 reports so far this year but most had not been processed. The House is regarded as one of Indonesia's most corrupt institutions.

Who needs Google when a costly and inaccurate study tour will do?

Jakarta Globe - September 25, 2010

Anita Rachman, Jakarta – Firman Soebagyo, the deputy chairman of House Commission IV on agriculture, said on Friday that lawmakers had submitted two reports on agriculture study trips to New Zealand and the Netherlands.

The reports, however, were sparse. The account of the New Zealand trip was explained in seven pages, and the Netherlands report a mere two pages. Both contained little more than overviews on the countries' achievements and regulations on agriculture and horticulture.

The report on New Zealand contained information on who the legislators met in the country and what they learned, while the report on the Netherlands only contained six points in total, with five of those being explained with a single paragraph each. The report said the legislators met sources in three Dutch institutions and visited a flowers auction.

Firman said the report had taught him that "the Netherlands is the second- biggest agricultural exporter" in the world.

He also claimed that as a commission leader, he was able to glean new information from the reports and that he was "certain" that the visits would help the deliberation of the Horticulture Bill that has been prioritized by the commission.

"It is different when you get the data from the Internet compared to when you get it by yourself," he said. "But we couldn't meet as many people as [we wanted] because we are the guests. We are stealing their time, so they decide, not us."

Firman said the reports will be discussed in a meeting with the government to deliberate the proposed bill.

Eryanto Nugraha, executive director of the Center for Indonesian Law and Policy (PSHK), said a good report cannot be judged from the page numbers alone, "but remembering how many billions they spend, I don't think that is appropriate."

According to the Forum for Budget Transparency (Fitra), the House was allocated Rp 170.3 billion ($19 million) in the current budget for overseas trips, although House Deputy Speaker Pramono Anung said the figure was only Rp 107 billion.

Each legislator receives Rp 20 million to Rp 25 million ($2,200 to $2,800) per week for study trips, and an additional Rp 20 million "representation fee" just for participating, the forum said.

Rully Chairul Azwar, deputy chairman of Commission X, overseeing education, who went on a tour of South Africa to learn about the Scout movement there, said his team's report was not ready to be published.

"It was only for four days, and our agenda was so full... We can explore more when we go directly to the field," Rully said. He said the commission chose South Africa because the Scouts were founded there.

Again, if Rully had bothered to conduct an Internet search on the Scout movement he would have found that the Scouts originated in the UK, although its founder Robert Baden-Powell was inspired by events that occurred in South Africa while he was serving with the British Army during the Second Boer War.

Members of Commission III, overseeing legal affairs, who went to the Netherlands in July to study a system that does not use clemency, presented a report containing an overview and materials from the Netherlands Ministry of Justice, including its structure and copies of a ministry presentation.

Jakarta & urban life

Drying underground may someday drown Jakarta

Jakarta Globe - September 27, 2010

Ulma Haryanto & Arientha Primanita, Jakarta – Like the hundreds of thousands of other repeat flood victims in the capital, Andi and Sudarmati have no furniture on the ground floor of their home in Pondok Labu, South Jakarta, along the Krukut River.

"When I first moved here in the '90s we bought a television set, refrigerator and sofa. A couple of months later, the floods came. Our electronics were destroyed," Sudarmati said.

In what has become a regular ritual in Pondok Labu, residents evacuated on Friday night after the Krukut overflowed following heavy rains. Waters reached up to two meters high. "The water receded around 9 p.m., we got back to our homes shortly after that and started cleaning up," Andi said.

The river was dredged in June, and some families have built small dikes surrounding their homes to protect them from surging water. But asked if they wanted to live somewhere else, Sudarmati answered: "I am used to the floods."

The flooding, along with the recent collapses of a road and embankment, point to the neglected problem of land subsidence in the capital, experts say.

They blame groundwater extraction by factories, hotels, shopping centers and other developments, as well as backyard wells, for causing the land to sink by an average of 5 to 10 centimeters a year.

With limited green space in the capital, rainwater cannot easily be reabsorbed into the ground, which in turn increases dependence on dikes and pumps.

According to Firdaus Ali, executive director of the Indonesian Water Institute, the worst-hit areas are sinking by as much as 26 centimeters a year. Some areas have already sunk between one and two meters over the past few decades.

Some experts have said that North Jakarta could be washed off the map completely by 2050.

The city uses 532 million cubic meters of groundwater per year, or 46 percent of known supply, according to the Indonesian Green Institute. It is replenished at a much slower rate.

Private households in Jakarta are prohibited from drawing groundwater, although many do so to avoid paying for utilities.

The administration is trying to get more people to connect to the main supply, and has raised the fee for groundwater use sevenfold since last year for the 4,000 registered commercial and industrial users – from Rp 3,300 (37 cents) per cubic meter to Rp 23,000 – in a bid to limit the amount extracted.

Wealthy households will pay up to 16 times more, from Rp 52 to Rp 8,800 per cubic meter.

However the capital's profit-oriented economic policies, including the boon from groundwater extraction taxes, have been blamed for the city's reluctance to deal with the problem.

Iwan Setiawandi, head of Jakarta's Tax Office, denied that the city administration was entirely at fault, saying that extraction of groundwater was inevitable.

He added that the capital's revenue from groundwater was ninth on the list of the city's top 10 primary revenue streams. The target revenue fro groundwater taxes is Rp 150 billion this year. As of September, it had raised Rp 110 billion.

Jakarta to embrace 12 million vehicles by 2011

Jakarta Post - September 27, 2010

Jakarta – Jakarta Police have predicted that about 12 million motor vehicles will burden the capital's roads by 2011.

"The number of vehicles on Jakarta's streets tends to increase every year," the police's Traffic Management Center coordinator Comr. Indra Jafar told Antara state news agency Monday.

The 12 million vehicle estimate did not include public transportation vehicles, which had reached almost 860,000 units so far, he added.

Indra said the number of motor vehicles had reached 11.3 million, of which 8.2 million are motorcycles.

The capital has a total of 7,650 meters of road with a 0.01 percent annual growth rate, while the motor vehicle growth rate is 0.26 percent per year.

With such a margin, Indra said he was concerned traffic jams would be much worse in the future.

Jakarta sinks as soil degrades, sea surface escalates

Jakarta Post - September 27, 2010

Jakarta – In addition to traffic woes, Jakarta is under threat of soil degradation and rising sea surface levels, experts say.

Geology research conducted at the Bandung Institute of Technology (ITB) revealed that the soil surface in 23 areas in Jakarta had sunk by between two and 12 centimeters per year during the 1997-2007 period.

The soil in the western and northern areas of Jakarta had sunk by between five and 12 centimeters per year, researcher Hasanuddin Z. Abidin said.

"Soil in Jakarta's central and eastern areas was sinking at an average annual rate of five centimeters, while some of Jakarta's southern areas were dropping by between two and four centimeters per year," he added, as quoted by kompas.com.

Another researcher, Safwan Hadi, calculated that with given a one centimeter escalation of the sea surface each year, Penjaringan, Pademangan, Ancol, Pluit and Kamal Muara sub-district will be inundated with sea water by 2050.

Armed forces & defense

New TNI commander vows to close military businesses

Jakarta Post - September 29, 2010

Jakarta – Newly-installed Indonesian Military (TNI) commander Adm. Agus Suhartono vowed Tuesday to carry on the TNI reforms, including speeding up efforts to terminate the military's much-criticized involvement in business activities.

President Susilo Bambang Yudhoyono installed the former Navy chief as military commander replacing Gen. Djoko Santoso at the State Palace on Tuesday. The Navy is now led by Vice Adm. Soeparno, who was inaugurated by Yudhoyono along with Agus.

Agus, who promptly secured the House of Representatives' approval during a "fit-and-proper" test interview on Monday, is the second admiral to be appointed as military commander after Widodo Adi Sucipto, who served from 1999 to 2002 under former president Abdurrahman Wahid.

Before then, the TNI leadership was dominated by the army. "The takeover of military businesses is now underway. We have been working on this," Agus told reporters after his inauguration.

The Blitar-born admiral declined, however, to set a target as to when military business reforms would be completed, saying the task should not be carried out by the TNI alone. "We have to work together to finish this," he said.

Human rights groups and military analysts have long voiced concerns over the military's businesses activities, which they say were the roots of many cases of human rights abuses and corruption.

The 2004 TNI Law imposes a five-year deadline for the government to take over all businesses owned and run directly or indirectly by the military.

But President Yudhoyono issued a decree five days before the expiry, postponing the target date for an unspecified period. The decree, mandating the setting up of a national team on military business takeovers, has been decried by rights groups as inadequate for failure to dismantle the armed forces business network.

By 2007, the military had 23 foundations and more than 1,000 cooperatives as well as owning shares in 55 firms and leases on thousands of government properties.

Official data valued these gross assets at Rp 3.2 trillion (US$358 million) at the end of 2007 with annual profits of Rp 268 million.

Agus said the military was ready to help the police fight terrorism, but swiftly added their involvement should be in accordance with a regulation now being discussed at the National Antiterrorism Agency (BNPT).

"We are still deliberating the draft regulation. I hope there will be better synergy between the TNI and the National Police in the future," he said.

The army's special forces (Kopassus) the navy's Detachment Jala Mangkara and the airforce's Detachment Bravo have been prepared to combat terrorism. "We have always been ready. It now depends on how we use them. We have the capability," Agus was quoted as saying by Antara.

National Police chief Gen. Bambang Hendarso Danuri said last week that the police would involve the military in its fight against terrorism.

He made the statement following the brazen armed attack on the Hamparan Perak police station by unidentified gunmen who are believed to be members of a local terrorist network and also linked to recent bank robbery in Medan.

Hard tasks for new Indonesian military chief

Jakarta Globe - September 28, 2010

Armando Siahaan & Markus Junianto Sihaloho, Jakarta – As widely expected, the House of Representatives has unanimously approved the president's sole candidate, Navy Vice Adm. Agus Suhartono, as the new chief of the Indonesian Armed Forces.

House deputy speaker Priyo Budi Santoso confirmed Agus would replace the retiring Gen. Djoko Santoso during a plenary session on Monday.

But Mahfudz Siddiq, chairman of House Commission I for defense and foreign affairs, which had vetted the new chief's candidacy, said that the approval was conditional on his addressing a number of priority areas as outlined by the commission. Topping his to-do list would be continuing reform efforts within the military, Mahfudz said.

Other priorities included streamlining the military's organizational structure; further integrating the Army, Navy and Air Force under one command; continuing the government's takeover of the Armed Forces' business assets; and implementing a more transparent and objective recruitment process.

"The most important thing is to implement the doctrine of trimatra terpadu," Agus said after the plenary session, referring to the integration of the three forces under a single line of command.

The commission also ordered the new chief to maintain the neutrality of the Armed Forces in both national and regional elections. Agus has repeatedly vowed to remain politically neutral.

In light of the recent border dispute with Malaysia, the commission also urged the military to fortify the country's maritime border, and also "areas vulnerable to separatist movements."

Agus said that in dealing with the border conflict with neighboring Malaysia, the military would take prudent and measured actions and not be easily provoked.

Mahfudz said Agus should also encourage the growth of the country's defense industry. The commission even urged both the government and legislature to allocate more funding to the Ministry of Defense.

Nurul Arifin, a legislator from the Golkar Party, urged Agus to focus on improving the welfare of the country's soldiers, who, according to her observations, were "in a worrying state."

Diaz Gwijangge, a Papuan lawmaker from the Democratic Party, reminded Agus that more attention was needed on the issue of human rights violations in the troubled province, where the military has frequently been criticized for its use of violence.

"In terms of Papua, what needs to be considered is the approach to human rights, and the military is committed to improving in that area," he said, adding that further training for soldiers on human rights issues was important.

Mahfudz said Agus had an exemplary record in fostering human rights and the National Commission on Human Rights (Komnas HAM) last week confirmed Agus had not been involved in any past violations.

Yunarto Wijaya, an analyst from Charta Politika, said the military chief's appointment had been smooth because he was an apolitical figure. By contrast, key positions at the Corruption Eradication Commission (KPK), National Police and Attorney General's Office, might hold more political interests, he said.

Andi Widjajanto, a military analyst from the University of Indonesia, said the Armed Forces, unlike the police, was not affected by internal divisions.

"So it's easier for the president as well as the House to choose a military chief rather than a police chief because it's less divisive – there's only a small risk of resistance," he said. "It's different with the police, where the president must be very careful to choose a candidate who will not cause problems."

But Andi also said the former Navy chief's appointment would not automatically mean more focus on maritime defense, arguing the military was firmly focused on becoming an integrated armed forces. "It means they won't give special attention to any specific service, development will be integrated at all levels," he said.

Agus Suhartono named head of Indonesian military

Jakarta Globe - September 27, 2010

Armando Siahaan, Jakarta – The House of Representatives on Monday approved Navy Vice Adm. Agus Suhartono as the new head of the Indonesian Military.

Priyo Budi Santoso, deputy speaker of the House, also known as the DPR, said the appointment was unanimous.

The approval followed a fit-and-proper-test process by House Commission I for defense, which backed the sole candidate nominated by President Susilo Bambang Yudhoyono.

Mahfudz Siddiq, chairman of Commission I, said they approved Agus provided he continue to reform the military, also known as the TNI, strengthen the defense industry and increase security in border areas.

Agus said he would focus on "Trimatra Terpadu," which is integrating the Army, Navy and Air Force under an overarching chain of command.

Agus was declared clean of corruption cases and human rights violations following verifications by the Corruption Eradication Commission (KPK) and the National Commission on Human Rights (Komnas HAM) a day before the fit and proper test.

Agus will replace retiring Gen. Djoko Santoso next month.

PKS asks Indonesian military to change policy forbidding jilbab

Jakarta Globe - September 23, 2010

Armando Siahaan, Jakarta – The Islamic-based Prosperous Justice Party (PKS) has indicated that its support of the proposed new head of the Indonesian Military depends on the military allowing female servicewomen to cover up with head scarves and long-sleeved clothing.

Speaking during the House of Representative's vetting of Navy Vice Adm. Agus Suhartono, the only candidate for the top job in the military, also known as the TNI, PKS lawmaker Yoyoh Yusroh asked that Agus amend TNI regulations that prevented women from wearing jilbab.

"If possible, women [serving in the military] should be allowed to dress according to their religion," Yoyoh said. She said that many women were put off the prospect of joining the military because of the prohibitive policy and fears their religious identity would be weakened, she said.

Responding, Agus said the military would consider the idea. "This needs to be reviewed and this will be a consideration for us," he said.

Judiciary & legal system

Indonesian watchdogs question records of judicial picks

Jakarta Globe - September 27, 2010

Nivell Rayda & Anita Rachman – Five candidates for the Judicial Commission have questionable track records and the House of Representatives must not select them, antigraft watchdogs warned on Monday.

Declining to divulge names, the Coalition for Judiciary Monitoring said there were nominees whose wealth was inexplicably high for people in public office.

"The matter of wealth was mentioned during interviews before the selection committee. Although we noted that the candidates did not provide satisfactory answers, the committee nominated them anyway," Maria Louisa, from the Indonesia Legal Roundtable, said on Monday.

"There is also a potential conflict of interest, as one of the candidates has a relative in the Supreme Court, the very body the commission is supposed to be monitoring. And some of the candidates have never declared their assets as required by law."

Dimas Prasudi, from the Research and Advocacy Center for Judiciary Independence, said: "What we can say is there are two active judges running for the commission – both are problematic."

The two judges are Supreme Court Justice Abbas Said and South Jakarta District Court Judge JMT Simatupang.

A selection committee nominated 14 candidates last week to fill seven seats on the commission, known as the KY, following a series of screening procedures that began in June. The candidates will face the final stage of the selection process before House Commission III, which oversees legal affairs.

Muji Kartikarahayu, deputy chairwoman of the Consortium for National Legal Reform, said the House should reject the nominees with questionable records.

"The fate of the KY, in fact the entire legal system, rests on the House of Representatives to choose only the best of the best," she said. The groups said they would submit their findings to House Commission III. "The selection committee has done an appalling job by nominating these people despite knowing about their track records, so it is up to the House to act on our data," Muji said.

Meanwhile, a House plenary session on Monday decided to discuss revising the law on the Judicial Commission. Tjatur Sapto Edy, deputy chairman of House Commission III, from the National Mandate Party (PAN), said the revised law would give the commission more authority.

"The crucial revision concerns giving the Judicial Commission the authority to dismiss unethical judges. At the moment, it is the Supreme Court which has the power to dismiss judges; the Judicial Commission just gives recommendations," he said.

"When a judge is proven to have violated the code of ethics, the Judicial Commission can directly dismiss him, without having to wait for the final criminal charge process, as the situation is today."

Tjatur said it would also strengthen the Judicial Commission's monitoring of judges by building local networks. "With the new set of regulations, our Judicial Commission will soon have teeth," he said, adding that House Commission III will discuss the revision in the next two weeks.

Police & law enforcement

Political game is behind police chief naming: House

Jakarta Post - September 28, 2010

Hans David Tampubolon, Jakarta – The House of Representatives speaker, Marzuki Alie from the Democratic Party, says that each faction within the legislative body has its own favorite man for the national police chief post.

"Each faction at the House wants their supported man to become the new police chief. That kind of game is a common practice in politics," Marzuki told reporters in Jakarta on Tuesday.

Marzuki added that President Susilo Bambang Yudhoyono was well aware of the political game behind the appointment of the new police chief. "However, SBY [Yudhoyono] will not be affected by the factions. SBY will be the one naming the candidates, not the House legislators," Marzuki said.

Two names have been speculated in the media as the possible replacement for Gen. Bambang Hendarso Danuri, set to retire on Oct. 10, as the police chief. The names are Com. Gen. Imam Sudjarwo and Com. Gen. Nanan Soekarna.

Critics doubts Darmono competence to lead AGO

Jakarta Post - September 27, 2010

Jakarta – Critics doubt that Deputy Attorney General Darmono will be able to lead the Attorney General's Office (AGO), now that Hendarman Supandji has left.

The Indonesian Court Monitoring Society deputy chairman, Hasril Hertanto, said that, after evaluating Darmono's career, he had seen no evidence of a good track record.

"I have no confidence that he can lead the AGO," he said as quoted by tempointeraktif.com. "He has not done anything special during his career."

Darmono had yet to elaborate on his vision in regard to the future of the AGO too, he added. "He just said he would improve the AGO. Well, that's only to be expected" Hasril said.

Indonesia Corruption Watch researcher Donal Faris said Darmono's record on the judicial mafia taskforce was not good.

Darmono now holds the position of acting attorney general. He is tipped to replace Hendarman as attorney general.

Talented line-up of outsiders as choice for new AGO

Jakarta Globe - September 26, 2010

Jakarta – President Susilo Bambang Yudhoyono is considering who will replace Hendarman Supandji as the AGO chief. The following are the names of those from outside the Attorney General's Office who have surfaced as potential candidates.

Busyro Muqoddas

The outgoing chairman of the Judicial Commission is now a strong nominee to serve on the respected Corruption Eradication Commission, or KPK. Antigraft activists see him as the right person to lead the AGO, should he lose his KPK bid.

Born in Yogyakarta on July 17, 1952, Busyro is known as a fierce critic of the Supreme Court. He was involved in verbal spats with former chief justice Bagir Manan as many of the Judicial Commission's calls to act against rogue judges were ignored by the top court.

Busyro is a law graduate of the Indonesian Islamic University and holds a master's degree from Gadjah Mada University in his hometown.

Bambang Widjojanto

He is in a head-to-head competition with Busyro for antigraft commission leadership.

A native of Jakarta, Bambang is a renowned human rights campaigner who has spent much of his time providing legal help to the poor and marginalized, while being a member of various legal aid agencies. He won the Kennedy Human Rights Award in 1993.

Born on Oct. 18, 1959, Bambang is also active in nongovernmental groups such as the Commission for Missing Persons and Victims of Violence (Kontras), the National Judiciary Reform Consortium (KRHN) and the Indonesia Corruption Watch.

He graduated from the law faculty of Jakarta's Jayabaya University in 1984 and completed his postgraduate degree in the UK in 2001. He now teaches law at Trisakti University.

Bambang rose to public notice when he led the defense team for two KPK deputy chairmen who were facing controversial criminal charges late last year.

Todung Mulya Lubis

One of the country's top lawyers, Todung has won international recognition as a leading antigraft campaigner. He chairs Transparency International Indonesia.

As a lawyer, he once represented Time magazine in a defamation suit filed by the Suharto family, as well as many top multinational corporations in legal disputes with Indonesian authorities.

After graduating from the faculty of law at the University of Indonesia in 1974, he continued his study at the Institute of American and International Law, Dallas (1977), Boalt Law School, University of California, Berkeley (1978 and 1990) and Harvard Law School (1988).

Born in South Tapanuli on July 4, 1949, Todung is also known as a productive writer on legal affairs and has published several books and written many articles for various newspapers and magazines. He recently declined an offer to join Yudhoyono's Democratic Party.

Yunus Husein

The chairman of the anti-money laundering agency, the Financial Transaction Reports and Analysis Center (PPATK), always keeps a low profile in front of the media, despite his broad knowledge about suspicious money flows to state officials.

Rarely does he comment on high-profile graft scandals after the agency reports to police and the AGO. In a May hearing with lawmakers, Yunus admitted he had no courage to lead the KPK because "there are too many graft-ridden officials who are powerful in this country."

Yunus was born on Dec. 29, 1956, in Mataram, West Nusa Tenggara. He is a 1981 law graduate from the University of Indonesia and earned his doctorate from the same university in 2003 and a masters from the American University, Washington, in 1986.

The Indonesia Corruption Watchdog named him as a potential candidate to lead the AGO. Yunus is now also serving on the presidential-sanctioned Judicial Mafia Eradication Task Force.

Harkristuti Harkrisnowo

She is the director general of human rights at the Ministry of Justice and Human Rights, her first post with the government after spending most of her career as a rights campaigner and criminal law expert.

Born in Bogor, on Jan. 25, 1956, Harkristuti graduated with a law degree from the University of Indonesia and led the university's Center for Human Rights Studies. She earned a PhD from the College of Criminal Justice at the Sam Houston State University, Texas.

Mas Achmad Santosa

Another law graduate from the University of Indonesia, he was largely an unknown figure until the president appointed him as the acting deputy chairman of KPK last year. His involvement with the state law agency has mainly been behind the scenes.

Mas participated in the government reform team for the AGO and the Supreme Court, had a spell as the expert staff coordinator for then attorney general Abdurrahman Saleh and was an adviser for Partnership for Governance Reform in Indonesia.

Mas was born in Jakarta on March 10, 1956, and earned his master's degree from York University.

Attorney general dismissal lauded

Jakarta Post - September 26, 2010

Dicky Christanto, Jakarta – Bureaucrats and activists hailed President Susilo Bambang Yudhoyono's decision Friday to uphold a Constitutional Court ruling by removing Hendarman Supandji from his post as attorney general.

The dismissal was based on the Court's decision to partially grant a judicial review requested by former minister and graft suspect Yusril Ihza Mahendra, who said Hendarman's tenure had ended with that of the President's first Cabinet in 2009.

Court chief justice Mahfud MD said he was "certain from the start" the President would uphold the ruling by dismissing Hendarman. "The President has always said that as the guardian of the Constitution, he would obey the verdict," he said.

Mahfud added that the President had taken time to reach the decision because he wanted to "comprehensively study the verdict".

The Court issued the verdict on Wednesday, two months after Yusril requested a review on contentious articles in the 2004 Attorney General's Office (AGO) Law, which state that the President had the prerogative to appoint and dismiss the attorney general, and that the attorney general was part of the Cabinet.

"The President issued the decree on Friday afternoon after he had studied the verdict and confirmed it with me," Mahfud said.

Constitutional Court justice Akil Mochtar said the President's move, although late, was a good step forward in defending the rule of law in Indonesia.

On Saturday afternoon, Hendarman held a press conference at his house, where he said the President's decision to dismiss him with honor was a "great relief".

"I'm not just a 100 percent relieved, but 2,000 percent. I hold no grudges. I guess that from now on I'm going to live my life happily with my family," he said, adding that he had himself told the President that it was better to uphold the Court ruling.

Deputy attorney general for supervision Marwan Effendy said the President's decision would not negatively impact on the work of the AGO. "The handling of corruption [cases] will go on," he was reported as saying by news portal kompas.com.

Yudhoyono appointed Darmono, a former deputy attorney general, as acting attorney general on Friday. Darmono said he would carry out his responsibilities to the best of his abilities "so that I can fulfill the President's and the people's hopes".

Judicial Mafia Taskforce member Mas Achmad Santosa said the acting attorney general's tasks were similar to the attorney general's. "The only difference is that the acting attorney general's tasks will be temporary," he told The Jakarta Post, adding that the President would appoint a new attorney general as announced beforehand.

The President was seeking a replacement for Hendarman, whose tenure would have officially ended next month, prior to the Constitutional Court ruling.

State Secretary Sudi Silalahi said the government was committed to speeding up the process of appointing a new attorney general. He said the President had several candidates, including eight prosecutors nominated by Hendarman.

Two candidates fighting it out for a key seat at the Corruption Eradication Commission (KPK), Bambang Widjojanto and Busyro Muqoddas, have also been touted as possible nominees.

Mugiyanto, an activist from the Indonesian Association of Families of the Disappeared (Ikohi), said the selection of a new attorney general would be a good start to improving the country's human rights record.

"The AGO has always been the weakest link in the handling of serious human rights violations," he said. "They have systematically refused to deal with human rights cases, paying only lip service to the concept of human rights," he said. (gzl)

Ruling on Hendarman riddled with politics: Ruhut

Jakarta Post - September 24, 2010

Hans David Tampubolon, Jakarta – President Susilo Bambang Yudhoyono's Democratic Party spokesman, Ruhut Sitompul, said he suspected political motives were behind the Constitutional Court's ruling that led to immediate termination of Hendarman Supandji's tenure as the attorney general.

Ruhut told a discussion at the House of Representatives that former justice minister Yusril Ihza Mahendra, who had questioned Hendarman's legality as the attorney general, might have an insider within the court's panel of judges that made the ruling go in his favor.

"One of the judges is Hamdan Zoelva. How come nobody mentioned this?" Ruhut said of the former politician from the Crescent Star Party (PBB), which was founded by Yusril.

Politicians vying for seats at the Constitutional Court must quit politics.

Constitutional Court chief Mahfud MD said after a court hearing on Wednesday that Hendarman was no longer legitimate as the attorney general as a result of the verdict.

Ruhut said Mahfud, former minister and National Awakening Party politician, might have a vested interest to make a name for himself politically.

"He [Mahfud] was once touted as a possible presidential candidate. Maybe he wants to stand on equal grounds with SBY [Yudhoyono]," Ruhut said.

Mining & energy

No electricity rate hike as Indonesian government gives in

Jakarta Globe - September 25, 2010

Ririn Radiawati Kusuma, Jakarta – The government has agreed to demands by the House of Representatives to scrap plans to raise electricity rates again next year.

The reversal came early on Friday after a marathon debate with lawmakers on the House's Commission VII, which oversees energy issues, ran past midnight. Earlier that night, the government had agreed to limit the rate increase to 5.4 percent, instead of the planned 15 percent hike. However, lawmakers opposed to another rate hike refused to yield, and eventually the government gave in.

The decision is a blow to power utility Perusahaan Listrik Negara, which sorely needed the hike because its subsidy in the 2011 state budget will be reduced by 25 percent to Rp 41 trillion ($4.6 billion).

The now-aborted rate increase would have generated Rp 12.7 trillion in revenue, but lawmakers and the government suggested that PLN could make up some of the shortfall through cutting Rp 8.1 trillion in operating costs.

The government in March said it was keen to eliminate by 2014 fuel and electricity subsidies, which together totaled Rp 111.9 trillion this year.

The International Monetary Fund last week warned that the energy subsidies, unless phased out completely, posed a threat to the nation's ability to sustain high economic growth, especially given an expected decline in national oil production revenue in coming years.

However, the House has resisted efforts to do away with the subsidies and raise electricity rates, with lawmakers frequently calling on PLN to instead improve its efficiency.

With a few exceptions, the utility has endured losses for years because the government forces it to sell electricity below generating costs, making up much of the deficit with annual subsidies. PLN's losses have limited development of the country's power grid and frequent blackouts have been the result.

Hatta Rajasa, the coordinating minister for the economy, on Friday declined to comment on the abandoned rate hike, saying only that raising electricity rates was always the government's last option.

"The government will try to boost efficiency by using coal and gas instead, and cut the electricity power loss," he said.

The House in June approved a government request to raise electricity rates for industrial users by 6-15 percent, and up to 18 percent for affluent residential customers. However, many industries had complained the rate hikes were effectively 40 percent – a fact acknowledged by the government – and some companies reported even steeper rises in their power bills.

Ahmad Erani Yustika, an economist with Indef, said the decision not to impose a rate hike next year intended to relieve industrial burdens and help boost exports.

"The industrial sector has been shocked with the electricity rate hike of 15 percent in 2010. The government wants to calm the market down," he said.

Ahmad said the government should borrow more to finance infrastructure, noting that its deficit-to-GDP ratio was well within acceptable limits. "They have to be brave," he said.

Independent energy analyst Fabby Tumiwa said the decision to let rates stand would hamper development of the country's power generating capacity, noting that PLN needed more money to invest in power plants.

[Additional reporting by Dion Bisara.]

Government agrees to scale back 2011 electricity rate hike

Jakarta Globe - September 23, 2010

Ririn Radiawati Kusuma – Under pressure from lawmakers, the government on Thursday offered to reduce next year's proposed electricity rate hike from 15 percent to 5.4 percent. The smaller increase would force power provider Perusahaan Listrik Negara to make steep cuts to its operating costs.

Members of the House of Representatives Commission VII, which oversees energy issues, argued that it was not necessary to raise rates. In a compromise, the government offered the smaller cut, but no final agreement was reached.

But even with an abbreviated rate hike, the size of the proposed electricity subsidy in the 2011 draft budget would be maintained at Rp 41 trillion ($4.6 billion), a 25 percent decrease from the 2010 subsidy. The reduction would force PLN to cut costs by Rp 8.1 trillion, according to Energy Minister Darwin Zahedy Saleh.

Darwin said the state utility would be forced to cut costs by converting diesel-powered generating plants to use cheaper natural gas and trimming maintenance, human resources and administrative budgets.

PLN had said it would need a Rp 53 trillion subsidy to meet its current operating budget.

The government is eager to reduce fuel and electricity subsidies to relieve their burden on the state budget – the subsidies total Rp 111.9 trillion this year. In March, the government said it planned to eliminate all fuel and electricity subsidies by 2014.

On Wednesday, however, the government and House agreed to raise the quota on subsidized fuel for public consumption next year, while keeping the value of the subsidy unchanged.

The International Monetary Fund last week warned that the government must eliminate energy subsidies in order to sustain high economic growth, especially given an expected decline in national oil production revenue in coming years.

However, the House has been less eager to cut the subsidies, and lawmakers have frequently called on PLN to cut costs instead.

With a few exceptions, the utility has operated at a loss for years because the government forces it to sell electricity below generating costs. PLN's losses have hampered development of the country's power grid and resulted in frequent blackouts.

Many lawmakers have criticized the plan to raise power rates, saying PLN should instead improve efficiency and complete long-delayed infrastructure to add 10,000 megawatts of generating capacity through its fast-track program.

According to Darwin, PLN said it would be able to slash costs by up to Rp 2.53 trillion a year when three gas fields in Sumatra begin production in 2011, providing additional fuel to power plants. It can also save up to Rp 2.3 trillion once the floating storage receiving terminal to be operated by Pertamina,

Perusahaan Gas Negara and Nusantara Regas opens in West Java. The terminal will make it easier for power plants to receive fuel.

Electricity analyst Fabby Tumiwa said converting power plants from diesel to gas should yield big savings for PLN, and said such savings were within reach. "The government has made the right move. When PLN becomes more efficient, the subsidy will no longer be needed," Fabby said.

Meanwhile, Sustainable Development Indonesia analyst Drajad Wibowo said PLN remained too inefficient, and that it was unprepared for subsidy cuts.

He said PLN would be forced to lower maintenance costs, in turn increasing the likelihood of outages and accidents. "It's just like suicide," he said.

Analysis & opinion

Constructive communication for Papua

Jakarta Post - September 30, 2010

Neles Tebay, Abepura, Papua – The central government under the leadership of President Susilo Bambang Yudhoyono is committed to continue establishing constructive dialogue with Papua.

This commitment was made public through President Yudhoyono's state address on Aug. 16, 2010.

It seems that the central government has already recognized the necessity of having communication between the Jakarta-based central government and Papuans.

This government commitment for constructive communication for Papua needs to be supported not only by all parties in Jakarta and Papua, but also by the international community. For there has been no constructive communication between the indigenous Papuans and the central government.

The government and the Papuans are used to talk about each other. They sometimes even attack and accuse each other through the media. However, they talk to each other. They never engage in peaceful discussion.

As a result they never understand each other. Each party demands understanding from the other party. Sometimes they blame each other for misunderstanding. Prejudice and distrust makes relations between the two parties even worse.

We know that there is regular communication between the President and the governors of Papua and West Papua provinces.

There is also some level of communication between the coordinating political, legal and security affairs minister with the members of provincial legislative councils of the two provinces.

All these communications can be categorized as internal communications within the government. They should not be called communications between the government and indigenous Papuans. For the government officials who meet with the central government do not represent indigenous Papuans, but their regional governments.

A constructive communication as meant by President Yudhoyono should happen not just among the representatives of the central and local governments but the representative of the central government and Papuans. This communication is sorely needed today in order to build trust between the two parties.

But what is most needed is strong support from all parties to make sure this discourse happens during Yudhoyono second term. In order to begin the communication between Jakarta and Papua, President Yudhoyono needs to appoint a person who has the President's full trust to represent the government in discussions with the Papuans.

The appointed person will be put in charge of maintaining and directing communication with the Papuans. The appointment will be helpful in that it will give the Papuans clarity on exactly who they are to communicate with.

Otherwise, anybody making their way from Jakarta to Jayapura or Manokwari could claim to be and introduce themselves as the government's official representative appointed by the President.

Therefore the appointment of the government representative would not only be the first step toward the constructive communication with the Papuans but also an embodiment of the government's commitment to opening communication.

It is clear that nothing will happen unless the President appoints somebody to take charge of communication with the Papuans. Someone who can take the initiative to open dialogue.

Without this appointment, Yudhoyono's commitment to constructive discussions with Papua will be an empty promise. It will be the same as the promise Yudhoyono made in 2006, when he announced the government would settle the Papuan conflict through dialogue, a promise that to this day remains unfulfilled.

The international community will recognize the government commitment for communication with the Papuans only if President Yudhoyono appoints someone to be in charge of the communication.

Welcoming the government initiative for constructive communication, the Papuans should organize themselves and begin moving toward the selection of their representatives.

The central and regional government should not select persons among the indigenous Papuans as their representative for the communication. For the Papuans, customary council (Dewan Adat Papua/DAP) will select persons representing the indigenous Papuans.

The Customary council may select around three widely Papuans widely trusted by the indigenous community to be their legitimate representative.

The selection of the Papuans' representative will help Jakarta know with whom the government's representative can communicate with. The selection of a representative will, in turn, help to discuss the framework of an agreement over the dialogue.

The team representing the Papuans and the government can discuss together on the goals, objectives, agenda, mechanism, facilitator, mediator, ground rules, and other necessary things for the constructive communication. They can jointly prepare the ground upon with as constructive communication can be built up.

They can then produce a framework agreement for the constructive communication between the government and the Papuans. Once a framework of agreement is agreed by both parties, they can begin with the constructive communication.

[The writer is lecturer at Fajar Timur School of Philosophy and Theology in Abepura, Papua.]


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