"God will punish us by sending another great earthquake and tsunami if we don't uphold and enforce sharia [Islamic law] in this land," says a resident of Banda Aceh.

This well-educated man, who prefers to remain anonymous, was referring to a series of bylaws known as qanun that effectively have been applied in the province since 2005. According to the Asia chapter of the Human Rights Watch (HRW), which announced the results of its most recent survey on Wednesday, the enforcement of a bylaw on clothing requirements and another on relationship between genders robs people, especially women and those of the lower and middle classes of their rights.

The research, conducted from April to September this year, involved more than 80 respondents, including rights abuse victims, such as women, as well as locals and government officials throughout the province widely known as the Mecca's Terrace.

HRW deputy director for Asia, Elaine Pearson, said, "[The two bylaws] deny people's rights to make their own decisions about who they can meet and what they can wear. The bylaw and their selective enforcement are an invitation to abuse."

Since 2002, Aceh's legislature has issued five qanun including the two. The other three are on alcohol consumption, alms and gambling. Pearson added that the bylaws did not seem to apply to the military and people who had high social status.

The HRW cited several cases of abuse, including the rape of a young woman by sharia police officers during her detention and aggressive interrogations.

There are currently 6,300 official sharia police officers in Aceh, who have strong grassroots support. According to the HRW, officers often act on their own as vigilantes.

"These officers easily arrest men and women who are simply eating in food stalls, riding on motorcycles or carrying out routine activities for the smallest perceived infractions. Although the bylaws do not differ between genders, most of the people arrested are women," Pearson said.

She added that many of the women were arrested for wearing jeans or other relatively tight clothing.

Last year, sharia police arrested more than 800 people under the bylaw regulating proper conduct between genders and more than 2,600 under the bylaw regulating Islamic clothing.

HRW coordinator for research Christen Broecker went into detail on the report of Nita, the 20-year-old college student detained and raped by sharia officers.

Nita, not her real name, told the HRW that sharia police arrested her and her boyfriend in January 2010 while they were taking a shortcut through a coconut plantation in Langsa, East Aceh, to pick up Nita's younger sister after school.

"When my mom came to get me [from the sharia police office] at 7 a.m., I was crying. The head lecturer at my campus, Doni, was there to scold me. A sharia police officer told him that I had been caught [on an isolated road on a motorcycle] with my boyfriend. He told my mom and me that I should be stoned to death. I said, 'Sir, I was only trying to look for a shortcut and why should I be stoned for that? What about the officers who raped me last night," she said.

Two of the three accused officers were convicted and sentenced to eight years in prison in July 2010, while one remains free.

Broecker said that it was hard to learn who victims were and to find those willing to testify on abuse. "Our report cites four cases of abuse under the bylaws but we are certain there are many more. They are afraid to testify and there isn't any official institution for these victims to report cases," she said, adding that people who had enough money could hire lawyers.

She said that the HRW recommended in the report that the government should support local NGOs and establish legal aid institutions so that abuse victims from lower- and middle-class households could come forward and receive help. The HRW is urging the Aceh Council to revoke both of the bylaws and the Aceh governor to stop violent acts by sharia police officers.

The report also shows that most government officials do not agree with the two bylaws. However, the sharia bylaws are heated issues that could have a direct political impact. The HRW report can be found on its website, www.hrw.org. (rch)

Aceh officials hit back at HRW report

Jakarta Globe - December 2, 2010

Nurdin Hasan & Nivell Rayda, Banda Aceh & Jakarta – Aceh's deputy governor and Shariah Police chief have dismissed a critical report on the province from an international human rights group, calling it exaggerated and based on factual errors.

Human Rights Watch on Wednesday released a report slamming the autonomous region's Shariah-inspired bylaws and the abusive methods used by the Shariah Police, particularly against women.

The 89-page HRW report urges the central government to intervene and repeal at least two bylaws in Aceh, the broadly worded "seclusion" bylaw and another on dress codes, which it says are often abused and selectively applied.

The seclusion bylaw makes association by unmarried individuals of the opposite sex a criminal offense in some circumstances, the report says, while the dress code imposes onerous restrictions on women.

The HRW report also details evidence that the bylaws are selectively enforced, being rarely if ever applied to wealthy or politically connected individuals.

"In Aceh, there is no specific qanun [Islamic bylaw] on clothing requirements as mentioned by the HRW report," Muhammad Nazar, Aceh's deputy governor, told the Jakarta Globe in Banda Aceh.

"Before the HRW conducted research into these issues, they should have studied the foundations of the regulations. The clothing requirement is regulated via an article in Bylaw No. 11 of 2002 on the implementation of Islamic faith and prayers. Both Muslim men and women must cover their aurat [private parts of the body] – that's it, nothing more. It is not its own law."

Nazar said the HRW had "exaggerated" the situation in Aceh in its report. "What is actually applied in Aceh is moderate Islam," he said. "There is not a single article in our bylaws that violates human rights."

The HRW said the two bylaws in question violated both Indonesia's Constitution and international human rights law, adding that Aceh was the only province in the country that was authorized by national law to adopt laws derived from Islam.

The bylaws singled out by the group are among five Shariah-inspired regulations adopted in Aceh on issues ranging from gambling to charitable giving and Islamic rituals. "Please mention even a single law that has been violated through the implementation of Shariah in Aceh," Nazar said. "Whatever has been done in Aceh is in accordance with the national law that has acknowledged Aceh's special status.

"Members of this HRW team had met with me before the release of this report. In that meeting, I explained to them the problems I had found with the report and yet they still published it. All parties, whether Indonesian or foreigners, must respect the implementation of Shariah law in Aceh, because the implementation reflects the desires of the Acehnese."

The HRW report draws particular attention to the fact that women are overwhelmingly the target of reprimands by the Shariah Police. According to the group, its researchers spoke to several women in Aceh who said they had been harassed by Shariah Police officers because of the dress code or seclusion bylaw.

Among those interviewed for the report was a woman identified only as Rohani. She told the HRW of an incident last year during which members of her community detained and beat her 17-year-old daughter's boyfriend because he had visited her house for an hour after dark – even though Rohani and her younger daughter had been at home at the time. The villagers, according to the report, then attempted to compel the couple to marry.

In response to the allegations outlined in the report, Aceh's Shariah Police chief, Marzuki Abdullah, told the Globe that it would sue the HRW if it found the report was not based on facts.

"We will first thoroughly study the report. If they have written things that are not in line with facts, we will sue them because we always work in accordance with the law," he said.

"Do not defame us. It is a lie that any officer of mine has forced couples caught violating Shariah to marry each other. If we catch them, normally we lecture them not to do it again."

The Langsa District Court in East Aceh in July sentenced two members of the Shariah Police to eight years in prison each for the rape of a 20-year-old student. The victim had been in detention, for allegedly engaging in an immoral act, when she was raped.

Human Rights Watch condemns Indonesia's 'abused' shariah laws

Jakarta Globe - December 1, 2010

Jakarta – Two local Shariah laws in Indonesia's Aceh province violate rights and are often enforced abusively by public officials and even private individuals, Human Rights Watch said in a report released today.

The organization, in a press release, also urged the country's central government and the Aceh provincial government should take steps to repeal the two laws, Human Rights Watch said.

The 89-page report, "Policing Morality: Abuses in the Application of Sharia in Aceh, Indonesia," documents the experiences of people accused of violating Shariah laws prohibiting "seclusion" and imposing public dress requirements on Muslims.

The "seclusion" law makes association by unmarried individuals of the opposite sex a criminal offense in some circumstances. While the dress requirement is gender-neutral on its face, in practice it imposes far more onerous restrictions on women. The report also details evidence that the laws are selectively enforced – rarely if ever applied to wealthy or politically connected individuals.

The laws are among five Shariah-inspired criminal laws adopted in Aceh on issues ranging from charitable giving, to gambling, to Islamic ritual and proper Muslim behavior.

The two laws singled out in the report are applied abusively and violate both Indonesian constitutional protections and international human rights law, says Human Rights Watch. Aceh is the only province in Indonesia explicitly authorized by national law to adopt laws derived from Islam.

"These two laws deny people's right to make their own decisions about who they meet and what they wear," said Elaine Pearson, deputy Asia director at Human Rights Watch. "The laws, and their selective enforcement, are an invitation to abuse."

Shariah police officers have interpreted the broadly worded "seclusion" law to prohibit merely sitting and talking in a "quiet" space with a member of the opposite sex to whom one is not married or related, regardless of whether there is evidence of intimacy.

Serious abuses under the law documented by Human Rights Watch include aggressive interrogation; conditioning the release of suspects upon their agreement to marry; and in one case, the rape of a woman by Shariah police while they held her in detention.

Shariah police officials told Human Rights Watch that they sometimes force women and girls to submit to virginity exams as part of the investigation.

Members of the community also identify, apprehend, and punish suspected violators on their own initiative, as permitted in certain circumstances by Aceh's local laws. In several cases, community members arbitrarily determined that people were guilty of "seclusion," and assaulted the suspects, beating them severely or burning them with lit cigarettes while apprehending them.

The community members were not held accountable for these offenses. Some of those accused, however, faced penalties, including forced marriage, expulsion from the village, and arbitrary fines, determined by traditional leaders with no semblance of due process.

One woman, Rohani, described a 2009 incident in which members of her community apprehended and beat her 17-year-old daughter's boyfriend after he came to visit her for an hour at night, even though Rohani and her younger daughter were at home. The community then attempted to compel the couple to marry. The Shariah police and regular police detained the pair, but not the attackers, overnight for investigation. Rohani was later told by representatives of the community that she should hand over certain goods as punishment for her daughter's offense. Rohani complied, but no one in the community was held accountable for assaulting her daughter's boyfriend.

"Shariah police too often investigate alleged infringements unprofessionally or abusively and then demand inappropriate, and ultimately illegal, resolutions like trying to force couples to marry," Pearson said. "The government also needs to rein in vigilantes who commit abuses against 'seclusion' suspects."

Women constitute the overwhelming majority of those reprimanded by the Shariah police under the law requiring Islamic attire. While the law requires men to wear clothing that covers the body from the knee to the navel, it requires Muslim women to cover the entire body, except for hands, feet, and face, meaning that they are obligated to wear the jilbab (Islamic headscarf). The law also prohibits clothing that is transparent or reveals the shape of the body.

Human Rights Watch spoke to several women in Aceh who had been stopped by the Sharia police during patrols or at public roadblocks established to monitor compliance with the dress code. The Sharia police recorded their personal details, lectured them, and threatened them with detention or lashing if they repeated their behavior.

Both the Seclusion Law and dress requirements run afoul of well-established international human rights law. Under international treaties that Indonesia has ratified, consensual association – of a sexual nature or otherwise – between adults in private is a protected aspect of the right to privacy. Aceh's ban on "seclusion" similarly violates the right to manifest one's religious beliefs freely and the right to freedom of expression. It gives rise to lasting negative effects, particularly for women accused of violations, who suffer enduring stigmatization. Aceh's Islamic clothing requirement violates individuals' rights to personal autonomy, expression, and to freedom of religion, thought, and conscience.

Human Rights Watch called on Aceh's provincial legislature to repeal both laws. In the meantime, the Aceh governor should stop Shariah police from arresting and detaining people suspected of "seclusion," and police should investigate and prosecute violence by those attempting to enforce the laws.

President Susilo Bambang Yudhoyono should order the home affairs minister to review all local laws that claim to promote morality, Human Rights Watch said. The president should also petition the Supreme Court to review the compatibility of the Seclusion Law and law on dress requirements with the Indonesian Constitution and national law. Human Rights Watch noted that a number of other local governments in Indonesia have looked to Aceh's laws as a model.

"The Aceh government should repeal laws that contravene international standards and investigate and prosecute all acts of violence," Pearson said. "People in Aceh should have the same rights as Indonesian citizens everywhere."

West Papua

Jakarta's credibility at stake over Papuan torture case, says HRW

Radio New Zealand International - December 7, 2010

Human Rights Watch says Jakarta is in denial about the widely-publicised case of Indonesian troops allegedly torturing two Papuan men.

The Indonesian military has dismissed claims that five soldiers tortured two Papuan men in May, despite the online release of a graphic video in which the genitals of one of the victims are burnt.

Ambassadors from both Australia and the US have urged Indonesia to pursue the case, and comments from Australia's Prime Minister this week have also added pressure on Jakarta over the issue.

The deputy director of Human Rights Watch's Asia division, Phil Robertson, says Indonesia's credibility is at stake.

"You know the credibility of engagement by a number of governments like the US and Australia (with Indonesia) are also on the line because they have said in the past that through engaging with the Indonesian armed forces that they can reform them, they can make them more respectful of human rights. This video is a clear test case and so far the Indonesians are failing the test."

Papuan military urged to probe Indonesian torture videos

Jakarta Globe - December 7, 2010

Banjir Ambarita, Jakarta – The Papuan chapter of the National Commission for Human Rights (Komnas HAM) has called on the local police and military to immediately investigate the alleged torture of Puncak Jaya residents by military personnel.

While the military has already held a tribunal for a torture case that took place in March this year, no investigation has yet been conducted into another torture case that was recorded on video and widely circulated on the Internet in May, causing international outrage.

The video depicted members of the Indonesian military interrogating civilians on the whereabouts of weapons used by the Free Papua Organization (OPM).

The civilians were shown tied up on the ground, with a large blade held against one man's face. Another video showed a man in military uniform burning a Papuan man's genitals with a smoldering stick.

"The victims are still alive [and able to testify] so we asked the Papuan military chief to investigate this case thoroughly," deputy of the Papuan chapter of the commission, Matius Murib, said after a meeting on Monday.

The video footage was screened during the meeting attended by Papuan military commander Brig. Gen. Erfi Triassunu and the province's deputy police chief Brig. Gen. Ungguh Cahyono.

According to Murib, the military chief said the video screening at the meeting was the first time he had seen the second video that allegedly involved military personnel in the Puncak Jaya district. He declined to give any further comment regarding Komnas HAM's request for an investigation.

In a previous case involving footage recorded on a mobile phone camera in March 2010, four soldiers were sentenced to five months in prison for beating unarmed civilians, while their commander, Second Lieutenant Cosmos, was sentenced to seven months for allowing his subordinates to physically abuse and degrade the civilians. All five have appealed the verdict.

Meanwhile, head of the province's Justice Ministry, Nazaruddin Bunas, said the government has not yet made a final decision on whether to move political prisoner Filep Karma to the maximum security Nusa Kambangan prison in Central Java following a riot at Abepura prison on Friday.

Filep, along with Buchtar Tabuni and three other prisoners, were moved to a police detention center after the riot. Filep is now staging a hunger strike in protest.

"Filep must take responsibility for the incident," Bunas said. "[Filep and Buchtar] ransacked the Abepura prison. That is a criminal act; that is why they are now being interrogated by the police."

Hundreds of inmates at the Abepura Penitentiary in Papua rioted on Friday to protest over the shooting of fellow prisoner Hiron Wetipo, who escaped and was killed in a raid on the same day.

The prisoners shattered windows and destroyed fixtures and furniture after jail officials refused to identify the officer who shot Hiron, who had fled with five other inmates early on Friday.

During the riot, Bunas said his office had requested mediation assistance from the Papuan chapter of the human rights commission to talk with the angry inmates. However, when Matius Murib arrived at the scene, he was pelted by rocks by the mob, Bunas said.

Papua military weigh up bomb attack, no new troops deployed

Jakarta Globe - December 7, 2010

Markus Junianto Sihaloho, Jakarta – Despite increasing tension in Papua following the bombing of a military officer's house, the Army announced on Tuesday that it was not planning to deploy additional troops to secure the area.

The newly-appointed Army Spokesman, Colonel Wiryantoro said that they are still collecting and assessing information regarding the security situation.

For the Army, it's not clear yet who and what was behind all the unrest, he said. "We are still gathering information, but have yet to introduce any new policy," Wiryantoro said.

A military officer's house in Jayapura, Papua, was bombed at around 2 a.m. on Tuesday. Jayapura Police suspect that the bombs were Molotov cocktails after they found broken glass at the scene.

The house, located at a military housing complex in Bucen VI, North Jayapura district, belongs to Maj. J.B. Jatmiko. No one was reported injured. Jatmiko told news portal Okezone.com that he was asleep when he heard an explosion at his front door.

"When I went out to see what had happened, the front door was already on fire," he said.

Minutes later, another explosion was heard from the rear of the house. Jatmiko and his neighbors fought to extinguish the flames for more than two hours. Police said the case was still under investigation and no suspects have been named.

It was the second incidence of violence in Papua in the span of three days. On Saturday, a man was killed at the Mulia Old Town Market in the Puncak Jaya district. Four unknown gunmen burst into a cafe and shot dead Muhamad Amas, 37.

Papua shootings continue, police blame separatists

Jakarta Globe - December 5, 2010

Banjir Ambarita, Jayapura – A diner was killed on Saturday in the latest in a series of shooting incidents that have swept Papua in the past week. Authorities blame separatist guerrillas for the attacks.

Saturday's shooting occurred at 7:30 p.m. at the Mulia Old Town Market in the Puncak Jaya district, where four unknown gunmen burst into a cafe and shot dead one of its customers, identified as Muhamad Amas, 37. Witnesses said Amas, a motorcycle-taxi driver, had been at the cafe with five friends at the time.

They said the gunmen appeared suddenly from the thick jungle on the fringe of the market and fired rounds of shots in the cafe before immediately fleeing back into the dark jungle. Police say Amas died after being shot five times.

A local resident, who declined to be identified, said she had been at home at the time when she heard gunfire from the nearby Cafe Coklat. "I was startled because there were so many shots in such quick succession," she said.

Papua Police spokesman Sr. Comr. Wachyono on Sunday said it appeared that the gunmen had intended to target a group of soldiers, two of whom were from the Army's Special Forces Unit (Kopassus), but had missed.

"The attackers opened fire with AK-47 assault rifles, and the soldiers fired back with their handguns," he said. "However, the attackers managed to escape into the dark of the jungle."

Police have since recovered two spent casings and a magazine cartridge for an AK-47, as well as a magazine cartridge for a military-issue Pindad SS-1 assault rifle, left behind by the gunmen.

Wachyono said police were still hunting down the attackers, believed to be members of the Free Papua Organization (OPM), an armed separatist group.

He said Saturday's shooting occurred in a situation of heightened security in Papua, with two extra platoons from the National Police's Mobile Brigade having recently been transferred from Jakarta. The transfer was prompted by four similar armed attacks on Nov. 28, in which one person was killed and six injured, including a 10-year-old boy.

The recent attacks occurred near the Nafri landfill in the provincial capital of Jayapura, only hours apart. In each incident, the victims were ambushed by a group of five heavily armed gunmen hiding in the thickets near the landfill.

Police have since arrested five suspects for the shootings and seized Pindad SS-1 rifles believed to have been used in the attacks. The escalation of shooting incidents is believed to be linked to the OPM's 45th anniversary, which fell on Dec. 1 this year.

In a related development, two OPM members serving time at Abepura Penitentiary in Jayapura were on Sunday transferred to the Papua Police detention center following a riot at Abepura on Friday.

Filep Karma and Buktar Tabuni were transferred along with three other prisoners for questioning about their role in the riot, reportedly sparked by the death of escaped inmate and OPM member Hiron Wetipo.

Abepura chief warden Liberty Sitinjak denied reports that Filep was on hunger strike in protest over Hiron's death, but said Filep and Buktar had been "contributing to the climate of general unrest at the prison."

'Not enough evidence' in Papua torture case

The Australian - December 4, 2010

Peter Alford, Jakarta – President Susilo Bambang Yudhoyono's officials insist that soldiers responsible for a vicious torture incident in West Papua will be brought to justice.

The military administration says, however, its investigation is at a standstill. The Defence Ministry says there isn't enough evidence to prosecute the case, in which six TNI soldiers were videoed torturing two civilians in Puncak Jaya district on May 30.

"We have processed the first case (an earlier, less extreme filmed incident, for which four soldiers were punished last month), but in the second case there's not enough evidence; there's no witnesses," Defence Ministry spokesman Brigadier General I Wayan Midhio said.

"The two videos were investigated together – one can be brought to justice and the other cannot."

However, Foreign Ministry spokesman Michael Tene repeated yesterday that Dr Yudhoyono had "made it very clear this case is unacceptable... we will continue to ensure this case is thoroughly investigated".

Julia Gillard, who on the eve of her visit here last month accepted his assurance of a "full and transparent investigation" – and a warning that other governments should not interfere – also continues to profess confidence in Dr Yudhoyono. The Prime Minister told reporters yesterday "he personally wants to see the appropriate action taken about this matter. He wants to see any wrongdoers brought to justice."

However, the Australian and US embassies in Jakarta, since Ms Gillard's visit, have told senior Indonesian officials of their government's unhappiness with the military's investigation of the shocking May 30 incident.

In the video, apparently taken from a TNI mobile phone and later shown around the world on YouTube, one of the two tortured civilians, farmer Tunaliwor Kiwo, had his genitals burnt.

Mr Kiwo escaped the soldiers three days later and has been in hiding since, although he has given accounts of his ordeal to Komnas Ham, the Indonesian Commission on Human Rights and the Papuan Customary Council.

Komnas Ham's Papuan team is independently investigating the Puncak Jaya incident. "As long as they have the will, the problem is technical and we can help," said team leader Matus Murib, who interviewed Mr Kiwo this week.

One killed, eight arrested in messy raid in Papua

Jakarta Post - December 4, 2010

Nethy Dharma Somba, Jayapura – A man was shot dead and eight others arrested Friday in an operation by the Jayapura Police and Wira Yakti Military Command to apprehend the perpetrators of a shooting incident in Nafri, Abepura, on Nov. 28.

The manhunt commenced on Thursday and the dead suspect, identified as Miron Wetipo, was killed at around 00:30 a.m. local time.

"Miron was shot for resisting arrest. Security personnel fired warning shots, which he did not heed, so they were forced to shoot to immobilize him," Jayapura Police chief Adj. Sr. Comr. Imam Setiawan said.

Imam said the joint team raided the area because of reports that the firearms used in the shooting incident in Nafri were stashed in a house there. The eight people arrested were taken into custody for questioning.

Authorities claim to have recovered two boxes of ammunition at the scene. "Members of the team used a metal detector to find the ammunition buried in the dirt floor of the half-built house," Imam added.

While raiding the house, he said, they heard a gunshot and later led a pursuit in the direction of the sound, where five men appeared and attacked them. "One of the five men, Jack Mabel, was shot and arrested. Three others got away," Imam said.

The Papua office of the National Commission on Human Rights (Komnas HAM) criticized the violent methods employed by authorities and the extraprocedural killing.

"The reasons behind the killing of Miron Wetipo were unclear. It's time to stop violence as every person has the right to life," Papua Komnas HAM deputy chief Matius Murib said in a text message to The Jakarta Post.

Komnas HAM also received a report on the Dec. 1 shooting incident in Bolakme, Jayawijaya regency, in which two civilians, Atili Wenda, and Melius Tabuni, 46, were shot.

In a press statement, Murib urged police not to shoot at civilians when conducting operations, but to use persuasive measures and uphold human rights.

Canberra continues push on Indonesian Papua abuse case

Jakarta Globe - December 3, 2010

Jakarta – Australian Ambassador Greg Moriarty has been ordered to raise his nation's concerns about Indonesia's stalled investigation into the alleged torture of two Papuans by members of the military, a media report said on Friday.

On its Web site, ABC Radio reported that a spokesperson for Prime Minister Julia Gillard said she "remains concerned that there be a full and transparent investigation" and that Australia would "continue to make our expectations regarding this issue clear with the Indonesian government."

The broadcaster reported that the issue was "shaping up as a true test of the extent of military reform, of Australia's influence and of the Gillard government's handling of an issue that has long bedevilled relations with Indonesia."

Days after a 10-minute video, which showed five soldiers allegedly torturing two Papuan civilians, caused an international uproar after it was posted to YouTube, President Susilo Bambang Yudhoyono instructed the newly appointed chief of the Armed Forces, Adm. Agus Suhartono, to investigate.

A court-martial was also promised. However, the military went on to try four other soldiers in an unrelated and less serious case of abuse in Papua from March.

When asked for comment on Friday, Foreign Ministry spokesman Michael Tene reiterated Yudhoyono's assurance that the government would not tolerate what the alleged soldiers did in the video, saying that the state was committed to continuing the investigation regardless of outside pressure.

"We have acted and the Foreign Ministry is always willing to keep updating other countries on the progress of the investigation," Michael said.

The Australian Embassy, when contacted by the Jakarta Globe, referred media inquiries to the Department of Foreign Affairs in Canberra.

Subversion accused In Indonesia's Papua awaiting legal representation

Radio New Zealand International - December 3, 2010

Nine Papuans arrested and charged in Jayawijaya in Indonesia's Papua last month on subversion charges are experiencing difficulties in finding a defence lawyer.

They were arrested for raising the Morning Star flag and are in custody at the Wamena District Police station.

TAPOL reports the Head of the Papua Provincial Police Information Section Senior Commissioner Wachyono as saying the nine has requested a lawyer but he could not be contacted and they still have no legal representation.

He said police were working with the Jayapura Legal Aid Associat ion in order to find a lawyer.

Escaped inmate's death sparks riot in Papua prison

Jakarta Globe - December 3, 2010

Banjir Ambarita, Jayapura – Hundreds of inmates at the Abepura Penitentiary in Papua rioted on Friday to protest over the shooting of a fellow prisoner who escaped and was killed in a raid the same day.

The prisoners shattered windows and destroyed fixtures like chairs and tables after jail officials refused to identify the officer who shot Hiron Wetipo, who had fled with five other inmates early on Friday.

Dozens of officers from the National Police Mobile Brigade (Brimob) rushed to the scene to restore order, according to Nazaruddin Bunas, head of the Justice Ministry's Papua office.

Additional help was sought from the National Commission on Human Rights (Komnas HAM), he said.

Nazaruddin said Buchtar Tabuni, a convicted separatist rebel and the riot leader, had demanded that authorities name Hiron's shooter. "They didn't give in to his demand, so the riot broke out," he said.

Adj. Sr. Comr. Imam Setiawan, chief of the Jayapura Police, said Hiron and his group had gone into hiding in Tanah Hitam, Abepura subdistrict.

They were found by a joint police and military team looking for alleged separatists who launched a series of attacks along Jalan Raya Abepura on Sunday.

Suspecting Hiron's group of having a weapons cache in their hideout, officers fired warning shots and moved to arrest them. "However, the fugitives resisted and the officers shot one of them, [Hiron], in self- defense," Imam said.

Four of the convicts – identified by authorities as Urbanus Mabel, Marnus Togodli, Paro Kosay and Yohanis Elokpere – managed to escape, while a fifth, John Wandik, was arrested.

There have been three reported cases of prisoner escapes from Abepura Penitentiary this year.

In May, 18 prisoners took advantage of an ongoing riot by correctional guards to make their getaway. Two were recaptured. A month later, 26 inmates escaped after guards failed to show up for work over a labor dispute. In October, two more prisoners broke out. Authorities have failed to arrest the escaped convicts.

Military continues crackdown in Indonesian Papua

Jakarta Globe - December 2, 2010

Nivell Rayda & Banjir Ambarita, Jakarta – At least one person has been reportedly killed in raids in Papua as the military steps up its search for members of the separatist Free Papua Movement (OPM), which marked its 45th anniversary on Wednesday.

Markus Haluk, a member of the Papuan Customary Council (DAP), the largest nongovernmental organization in Papua and West Papua, told the Jakarta Globe on Thursday that Wendiman Wenda, a 55-year-old farmer, was killed outside his house.

He said that Wendiman was shot while working in his garden in Yambi village, Puncak Jaya district, on Sunday, shortly after returning from church. "The military was patrolling the area and assumed he was an OPM member," he said. "Wendiman was not a separatist. He was just a farmer."

A neighbor, Piron Moribnak, said the soldiers had shot Wendiman from a distance. "They called out to him, but he was hard of hearing and they were a ways off, so of course he didn't hear them and he didn't respond," he said. "That's when they opened fire." Neither the Puncak Jaya Police nor military officials in Papua could be reached for comment.

In Wamena district, the West Papua Media Alerts Web site reported that two people had been killed in a similar raid there on Thursday. However, Markus said the two had survived but were in critical condition. "We're still trying to gather more information on the two incidents because both areas are so remote," he said.

The two men reportedly shot in Wamena have been identified as Asili Wenda and Elius Tabuni. Lemok Mabel, chairman of the DAP's Baliem Valley chapter in Wamena, said neither man was an OPM member or sympathizer.

Adj. Sr. Comr. I Gede Sumek Jaya, chief of the Jayawijaya subprecinct police in Wamena, denied there had been a shooting in the area on Thursday.

Puncak Jaya and Wamena districts, believed to be hotbeds of support for OPM leader Goliat Tabuni, have seen intensified military operations in recent years, resulting in numerous reports of alleged human rights abuses against civilians.

Military operations in Papua have come under close international scrutiny this year after a video showing soldiers torturing two civilians in Puncak Jaya was posted on the Internet. The video was recorded on the cellphone of one of the soldiers and was taken on May 30.

Indria Fernida, deputy chairwoman of the Commission for Missing Persons and Victims of Violence (Kontras), said the abuses would only stop once the government repealed its ban on the Morning Star and Benang Raja flags, used by separatist groups in Papua and Maluku, respectively.

"The ban has been abused by the military to justify the killing and torture of civilians," she told the Globe.

"It also inhibits freedom of expression because both flags have significant cultural meaning for the locals. The government must address the core problem and seek political means to resolve the turmoil, and not see everything as a security issue and stigmatize Papuans as separatists."

Poengky Indarti, executive director of the human rights group Imparsial, said the military had shown no indication that it would abide by the UN Convention Against Torture, which Indonesia has ratified.

"The only way for human rights violation to stop is for the government to enact an amendment to the military tribunal law," she told the Globe.

The proposed amendment stipulates that all soldiers involved in criminal acts would be tried in civilian courts, while military tribunals would be reserved for acts of insubordination or administrative violations.

Indonesian press slammed for buying military's line in torture trial

Jakarta Globe - December 2, 2010

Ismira Lutfia, Jakarta – Human Rights Watch on Thursday chastised the media for propagating misleading news that five soldiers caught on tape torturing two Papuan men had been summarily court-martialed.

Elain Pearson, deputy Asia director for New York-based HRW, said "the media was led to believe" by military officials that the soldiers had been court-martialed. Instead, personnel from another abuse case were tried.

"The media people got confused because of the misleading statement from military officials," she said, adding both local and international media had been bamboozled.

The case centers on a 10-minute video, believed to be filmed in May, that showed the soldiers beating the two men, apply a burning stick to the genitals of one, and pressing a knife against the neck of the other.

The video caused an international uproar when it was posted on YouTube in October, prompting the Indonesian military to promise a swift court-martial of the soldiers in question.

However, the tribunal that was later convened tried four other soldiers filmed beating a group of unarmed civilians, also in Papua.

That incident, of which images were also posted on the Internet, was believed to have occurred in March. The soldiers involved were sentenced to between five and seven months in prison in November.

The military has since said the torture issue should be dropped, but has refused to acknowledge that the more severe case was never brought to court-martial.

Previously, Army spokesman Brig. Gen. Soewarno Widjonarko said that as far as the Army was concerned, the soldiers accused of violence against Papuans had been court-martialed and sentenced to detention.

"The most important thing is that there has been punishment," he said. However, he declined to acknowledge that the tribunal in question did not deal with the May case, but on the less-serious March incident.

The confusion and inaccuracies in media reports on the court-martial have been attributed to the remoteness of Papua and foreign news organizations not being allowed into the region.

Imam Wahyudi, chairman of the Indonesian Television Journalists Association (IJTI), said the sheer difficulty of getting to Jayapura, where the court- martial was held, was a major problem for TV journalists who needed to be at the scene in order to get footage of the tribunal.

"Bad weather and difficult access to places in Papua often force us to treat the statements issued by security officials as the truth, because we just don't have access to the primary source," Imam said.

He added this problem can be dealt with by properly ascribing quotations – in this case to stress that the report is based on an official's account of the issue at stake.

However, Imam said journalists should not take official statements for granted and must try harder to get to the primary source, though he reiterated it is not always easy to get verification for all stories.

"That's why attribution is important – to provide a clear reference of whose version of the story we're reporting," Imam said.

He added that reporting on security issues in Papua was now not as difficult as in the pre-reformation era, when the entire province was declared an area of military operations."

Human rights & law

279 killings, 113 Indonesian deaths by Malaysian police horrify activists

Jakarta Globe - December 7, 2010

Jakarta – Malaysian rights activists on Saturday demanded action over the "horrifying" number of killings by police, including 113 Indonesians out of a total of 279 killed over the past decade.

"These are extrajudicial killings. The numbers are very significant. It is a major shock to us," R. Sivarasa, a human rights lawyer and opposition lawmaker, told a press conference organized by leading rights group Suaram.

The group cited police data produced during a recent trial that showed 279 alleged criminals, including 61 ethnic Malaysian Indians, 42 Malay Muslims and 113 Indonesians, were shot dead over a period of nine years from 2000, leading to charges that certain ethnic groups were being particularly targeted. Nine people were killed by the police in 2000 and the number surged to 88 in 2009.

N. Surendran, an activist with Lawyers for Liberty, said police were too quick to open fire. "There is a sense of shock and horror among the public. People are upset. Without a doubt the police force has members who are trigger-happy, with a culture to shoot to kill," he said.

Surendran urged the Malaysian government to intervene and "urgently put an end" to the killings, calling 279 deaths "excessively high."

The Indonesian Embassy in Kuala Lumpur, when contacted by the Jakarta Globe, said that it was not aware of the report. However, Choirul Hadi, from the Indonesian Migrant Workers Union (SBMI), said he had heard information about Indonesian migrant workers who were shot dead by the police in Malaysia.

"They were shot after being suspected of smuggling drugs," he told the Globe, although he could not provide any numbers. He did question the self-defense claim from the Malaysian police, since the victims were not "high-level smugglers but only couriers who did not carry weapons."

Earlier this year, a team from the National Police traveled to Malaysia to investigate the case of three migrant workers allegedly shot to death by Malaysian police in March.

Dai Bachtiar, the Indonesian ambassador to Malaysia, said he had received reports that the three workers – identified as Musdi, Abd Sanu and Muhlis – had been shot by police.

They were reportedly driving a sedan and crashed it into a police car. Malaysian media have reported that Selangor Police Chief Khalid Abu Bakar said the three Indonesians were shot on March 16 because they had threatened police with weapons.

Meanwhile, Indonesian and Malaysian officials discussed migrant worker issues during the two-day meeting of their joint commission for bilateral cooperation in Bali.

The Foreign Affairs Ministry's director general for Asian Pacific and African affairs, Hamzah Thayeb, said on Tuesday that officials from both countries stated their commitment to solve problems with migrant workers together, by agreeing to try to collect data on all Indonesians working in Malaysia.

"Unfortunately, most Indonesian workers who are facing legal problems or are being abused by their employer in Malaysia are actually illegal workers. That's why we find it difficult to locate them or provide services to them," Hamzah said. (AFP & Antara)

Freedom of information

'Blackmail' clouds path to freedom of information

Jakarta Post - December 6, 2010

Bagus BT Saragih, Jakarta – The Supreme Audit Agency (BPK) has stopped publishing online reports, to the dismay of freedom of information proponents. The agency said the state institutions it audited had complained that it was "too open".

BPK provided reports through the Internet even before the 2008 Law on Freedom of Information was implemented this year. The law has compelled many state institutions to open online access to public information like court verdicts, police investigation reports and public tenders.

But reports of blackmail prompted the agency to close the online access, requiring information seekers to submit official letters to obtain a hard copy of reports.

A public relations staffer of BPK, who requested anonymity, said, "The state institutions have been complaining that we were too open. [The institutions] said the reports had been used to blackmail them," the source said recently.

Activists called the audit agency's decision a setback amid efforts of other state institutions to comply with the law by providing easy access to their public information, Agus Sudibyo, a Press Council member who was a researcher involved in the formulation of the law, expressed disappointment at the agency's decision. "Why should they be afraid of blackmail? The reason is not acceptable," he said Sunday.

Although the agency still offers offline access, the bureaucracy was not in line with the spirit of openness, Agus said. "The principle of openness is efficiency, ease and relevancy."

The law requires all public institutions, including the government at all levels, as well as political parties and state-owned enterprises, to periodically release all information under their authority and appoint special staffers to manage and distribute information and documents.

Agus said a document could be used in blackmail only if it contained irregularities like details of budget misuse or other incriminating information. "Credible and accountable institutions will never see freedom of information as a blackmail threat."

He suggested that state bodies report any blackmail threats to the police instead of reducing access to public data, which was counterproductive to transparency.

Transparency International Indonesia (TII) secretary-general Teten Masduki said having freedom of information after 30 years of an "opaque" regime was not easy, but it was important to maintain it to end corruption among state officials.

Ahmad Alamsyah Saragih, the chairman of the Central Information Commission (KIP), the official body with legal authority to settle information disputes, said KIP had received requests from "dubious" organizations and individuals, which might look to extort state officials.

"However, we're not allowed to reject any requests. We processed the requests anyway," he said.

Ahmad said the commission was preparing a regulation to filter requests without clear purposes. "It's not for limiting access to public data. But with the resources we currently have, we should prioritize requests coming from the end users of the requested documents," he said.

He added many other institutions had shown progress in complying with the law. The Supreme Court and the National Police have improved their online information, he said.

The Public Works Ministry, in collaboration with the Corruption Eradication Commission, launched an online portal providing detailed information on road projects nationwide.

Transparency law fails to remove veil on Indonesia budgets

Jakarta Globe - December 1, 2010

Markus Junianto Sihaloho, Jakarta – Two years after the Freedom of Information Law was passed, the vast majority of state institutions have still not complied by making their budget implementation documents available to the public, a study has found.

The study, carried out by the Indonesian Forum for Budget Transparency (Fitra), USAID and the Partnership for Governance Reform (Kemitraan), sought to obtain the budget implementation documents (DIPA) of 69 ministries and other government bodies.

However, the list was truncated to only 28 after the Finance Ministry and the Supreme Audit Agency (BPK) ordered the researchers to withdraw their requests to various institutions.

Maulana, a Fitra researcher, said on Wednesday that of the 28 institutions queried, only 13 made their DIPA available. These included the State Secretariat and the trade, agriculture and transportation ministries. Even then, Maulana said, the published documents tended not to be complete.

She said the DIPA from the State Secretariat was missing two pages, which provided details of the procurement of cars for state officials.

Among law enforcement agencies, only the Corruption Eradication Commission (KPK) made its DIPA available, while the Supreme Court, the National Police and the Attorney General's Office all denied the researchers' request.

Among legislative bodies, only the Regional Representative Council (DPD) complied, while the House of Representatives and the People's Consultative Assembly (MPR) did not respond to the request, Maulana said.

"We conclude that for almost all government institutions, making the DIPA public is still a nightmare prospect, even though it's required by the law," he said.

However, the most surprising development was that the two institutions widely credited for championing budget transparency had called for the study to be cut short, he said. "The Finance Ministry and the BPK are supposed to be role models for budget transparency," Maulana said.

Ahmad Alamsyah Saragih, chairman of the National Information Commission, which monitors state institutions' compliance with the Freedom of Information Law, said there was no reason for officials to withhold the DIPA of any public institution.

"The offending officials can be sued for denying access to such information, because there's no regulation forbidding the DIPA from being published," he said.

However, he said his commission had discussed with the president the issue of officials withholding data, and had agreed it would be better to mount an education campaign rather than punish the officials in question.

Eva Kusuma Sundari, a legislator with the House Financial Accountability Body, said it was understandable that some institutions were wary of publishing their DIPA, because the data could be used to rig procurement projects.

She added that even among officials, there was a reluctance to share sensitive information. However, she agreed there should be greater budget transparency, in line with the law, with the Finance Ministry setting the example for other institutions.

She said the ministry was the recipient of a World Bank fund to improve access to state budget documents and make them available from the Finance Ministry's Web site.

"I spoke with Sri Mulyani [Indrawati], the finance minister at the time, about the matter, and she assured me she would implement [the Web site] in the near future," Eva said. "If, however, there's no such implementation, I'll support Fitra if it chooses to sue the ministry for violating the Freedom of Information Law."

Politics & political parties

Major Indonesian parties are 'crowding rivals off political stage'

Jakarta Globe - December 5, 2010

Armando Siahaan, Jakarta – Major political parties are taking advantage of their position at the House of Representatives to draft laws that would limit the participation of new and smaller parties, analysts said on Sunday.

"Political parties currently in power at the House are creating regulations that would secure their own interests," said Tommy Legowo, of the Concerned Citizens for the Indonesian Legislature (Formappi). "These parties want to make sure there's less competition."

He was referring to at least two bills currently being deliberated at the House and that are aimed at tightening the requirements for parties seeking to participate in the general elections and enter the House.

The House Legislation Body is finalizing a draft amendment of the 2008 Political Parties Law. The government and the House has not yet reached a final consensus on the draft, which essentially outlines stricter requirements for the establishment of a political party.

The initial House-backed draft stipulates that any new party must have at least 1,000 co-founders and have initial cash assets of Rp 1 billion.

The government is seeking a lower number for founding members, at 625, but is proposing that they be spread across three-quarters of the country's 33 provinces. Under the original law, it takes only 50 co-founders and Rp 100 million to establish a political party.

"The current law is already quite moderate, it accommodates many sides," Tommy said. "But increasing the number of founders to 1,000 is just a way of ensuring less competition for the big parties."

Home Affairs Minister Gamawan Fauzi previously said that stricter requirements would be in line with the broader effort of strengthening the presidency, which has frequently been fragmented by the large number of parties at the House.

At the same time, legislators are working on an amendment to the 2008 Legislative Elections Law, which includes a proposal to increase the minimum requirement number of total votes a party must win to be represented in the House, also known as the legislative threshold.

The current threshold, 2.5 percent, has managed to limit the number of parties in the parliament to nine. A proposed doubling is expected to further cut the number of parties.

Smaller parties are already busy finding ways around the proposed changes, including by joining a bigger party or building alliances with other parties.

Yunarto Wijaya, a political analyst from Charta Politika, said both laws were needed to improve the country's legislative system, with fewer parties translating into less opposition to government programs and policies.

"These laws would only benefit the large parties in the House," he said. But he added it would be difficult not to accuse major parties of curbing the participation of minnow parties, "since they're the only ones with the ability to make political decisions."

Yunarto said a national forum should be held to discuss the law that would regulate the political system in the long run.

He added the forum should involve political parties both inside and outside the House. "The forum should discuss not just the 2014 elections, which are already near, but maybe the 2019 polls onward," he said.

Indonesian legislators voice doubt on role of presidential staff

Jakarta Globe - December 3, 2010

Markus Junianto Sihaloho, Jakarta – As talk of a possible cabinet shake-up continues, there are now calls from the House of Representatives for the president to replace members of his special staff who have failed to produce as expected.

Irgan Chairul Mahfiz, secretary general of the House faction of the United Development Party (PPP) – a member of the ruling coalition – said on Thursday that the presidential staff, like ministers, should be held responsible for the government's performance.

The PPP lawmaker used several recent controversial statements by President Susilo Bambang Yudhoyono to highlight what he said was the need for a more professional team of presidential staff members to keep their boss out of trouble.

He pointed to the controversy the president stirred up when he questioned the direct appointment of the sultan of Yogyakarta as the governor of the province.

"Rather than being embroiled in politics, special staff members should pool their resources and think about relief efforts in disaster areas such as Mentawai, Wasior and Yogyakarta," he said. "Besides evaluating the ministers, I hope the presidential staff is also evaluated."

An official from another coalition party, Golkar, also said the president needed to take a closer look at his staff. Bambang Susatyo, deputy treasurer of Golkar, said his party would urge the president to evaluate his staff, especially those dealing with the eradication of the judicial mafia.

He said the Judicial Mafia Eradication Task Force had been virtually nonexistent during the controversy swirling around Chandra M. Hamzah and Bibit Samad Rianto, the deputy chairmen of the Corruption Eradication Commission (KPK) who have faced what are widely believed to be trumped up criminal charges.

Bambang added that the six-member task force said it had received thousands of complaints from the public about judicial corruption, but appeared to have done nothing in response.

"It confusing to the public. Are they working only for publicity, or actual working on legal enforcement?" he said. "If the task force members are only seeking popularity, then the president should disband the body."

Andi Anshar, from the National Mandate Party (PAN) agreed, saying the government should instead concentrate on supporting the police, the Attorney General's Office and the KPK.

He said the work of presidentially appointed teams like the task force overlapped with law-enforcement bodies, causing confusion. "I think, with the new police chief, the new attorney general and the new KPK chairman appointed, it's time to dismiss the task force," he said.

But Saan Mustofa, deputy secretary general of Yudhoyono's Democratic Party in the House, said the task force and presidential staff members were needed to accelerate work at government bodies, particularly those involved in law enforcement.

"We have not yet asked the task force members to reveal the results of their investigations into the judicial mafia, but that is certainly not a reason to fire them," he said.

Aside from the Judicial Mafia Eradication Task Force, the president has at least 10 other special task forces and teams dealing with issues ranging from the environment to regional autonomy.

Elections

Cut costs of Indonesia's regional elections, activists say

Jakarta Globe - December 7, 2010

Anita Rachman, Jakarta – A budget watchdog has called for greater cost- cutting measures to stop regional elections from getting too expensive but warned against following through with a government proposal to appoint rather than elect certain leaders.

The Indonesian Forum for Budget Transparency (Fitra) said on Tuesday that better budget management and scrapping unimportant posts was the key to limiting the cost of elections.

"The funding for regional elections should come from the state budget only, not from both the state and regional budgets," said Yuna Farhan, the Fitra secretary general. "Based on simulations in our research, the costs of regional elections can brought down by as much as 50 percent."

Fitra's research comes in response to a proposal by Home Affairs Minister Gamawan Fauzi, first aired in August, that governors be appointed by provincial legislators rather than through direct elections. This would mark a return to the old system of appointing governors, which was only abolished in favor of direct elections with the onset of the reform era in 1998.

Gamawan's argument was that with progressively more authority being devolved to district heads and mayors, governor elections were beginning to cost more than they were worth. The government also cited the rising trend of vote-buying by candidates as a major concern.

However, Fitra has argued that stripping the vote from the people and handing it over to regional legislatures would only shift the practice of vote-buying to a new stage, and not eradicate it.

"Based on our research, we've come to several conclusions that should be considered for future elections," Yuna said, adding the group would submit its findings to the Home Affairs Ministry, Finance Ministry and House of Representatives for consideration.

Fitra's research, supported by the Asia Foundation and AusAID, found one way to cut the cost of regional elections would be to reduce or even eliminate some unimportant posts, such as those for subdistrict voting officials (PPS), whose only job is to help organize the polling.

Yuna said that if all polling commission members and activists were properly trained, they would not need any PPS staff to help out on polling day. Fitra also suggested that regional administrations draft a standard budget for election commissioners to follow.

The group added that the commissioners should also optimize the final voter lists so there would not be any multiple entries or errors that could result in electoral disputes, which would only drive up the cost of the election.

The group's research was based on studies of elections in 11 districts and cities, including North Lombok, Bandung, Surabaya, Medan, Ogan Ilir, Solok, Bengkalis and Manado.

Arif Wibowo, a member of House Commission II overseeing domestic affairs, agreed it is important to find ways to make regional elections cheaper.

"We shouldn't be so hasty about giving power back to the regional legislatures," he said, further suggesting that regional elections could be cheaper if held simultaneously.

Labour & migrant workers

Workers strike over wage hike they say is too low

Jakarta Post - December 3, 2010

Jakarta – Thousands of workers in and around an industrial estate in East Jakarta went on a daylong strike on Friday over the new monthly minimum wage announced for the capital.

Striking workers brought much of the Kawasan Berikat Nusantara industrial estate to a standstill with their action.

The Jakarta administration last month announced a monthly minimum wage of Rp 1.29 million ($140) for next year, a 15.8 percent increase from the current minimum wage of Rp 1.12 million. Labor unions criticized the increase as too low while employers complained it was too high.

During Friday's action, the workers said the new minimum wage still fell short of the Reasonable Living Cost Index (KHL), which for Jakarta is pegged at Rp 1. 4 million a month this year.

Aan, 34, who took part in the action, said the strikers included members of the Metal, Electronics and Machinery Industries Union (SP-LEM).

After demonstrating inside the industrial estate, the protesters formed a convoy of motorcycles, minibuses and vans and traveled to City Hall in Central Jakarta, causing massive traffic jams.

Deded Sukendar, head of the Jakarta Manpower and Transmigration Agency, said last month that the new minimum wage would take effect on Jan. 1 and would apply to unmarried workers.

"That figure represents the main salary, but most employers will also provide transportation and meal allowances, so the take-home pay will likely be higher than that," he said.

Companies that cannot afford to pay their employees based on the new figure, he said, can apply for an exemption from the administration.

"But we'd need to really examine whether such companies are really financially incapable of complying," he said, adding that not all companies would be considered for exemptions. "They'd have to submit their financial audits for us to study."

He also said that with the 15.8 percent increase, the minimum wage in Jakarta would, for the first time in two years, surpass those in satellite cities Depok, Bogor and Bekasi.

Mas Muanam, from the Jakarta Workers Union (Aspek), said after the new minimum wage was announced that the workers' demand that it be based on the KHL was outweighed by the financial considerations of employers.

"During discussions, the wage council concluded that if the minimum wage was raised to the same level as the KHL, most companies would go bankrupt," he said.

A day before the new minimum wage was announced on Nov. 27, thousands of workers demonstrated near the Kawasan Berikat Nusantara industrial estate, causing traffic to back up for several kilometers. They were demanding a 26 percent increase in the minimum wage. (Antara, Jakarta Globe)

Migrant workers prey to human trafficking

Jakarta Post - December 2, 2010

Kupang – Thousands of Indonesian migrant workers from East Nusa Tenggara have fallen victim to human trafficking practices given the fact that they were recruited through illegal procedures, an NGO for advocacy says.

The Foundation for Advocacy, Elimination and Anti-Employment of Children put the number at 14,800 who were reported to be working in Malaysia, Saudi Arabia and Singapore.

It said the consequences of illegal recruitment by illicit work agencies were that workers failed to obtain legal and security protection during their overseas endeavors.

"Their knowledge limited, many migrant workers have fallen victims to persecutions by their employers," foundation coordinator Teda Littik said in Kupang on Wednesday. The foundation called on the migrant workers recruitment and distribution agency PJTKI and the government to ensure the workers had enough training and competence to minimize their being subject to violence.

Indonesia urged not to turn backs on abused workers

Jakarta Globe - December 1, 2010

Ismira Lutfia, Jakarta – The task of helping migrant workers who suffered abuse at the hands of their employers does not end after they've been brought back home, women's rights activists said on Wednesday, as they called on the government to provide better support for these victims.

"The government and society in general should be more friendly and helpful when it comes to repatriated domestic workers who encountered violence or sexual abuse and return with unwanted children," the head of the National Commission on Violence Against Women, Yuniyanti Chuzaifah, said in a panel discussion on migrant workers organized by the Jakarta Foreign Correspondents Club.

Maids, she said, sometimes return with unwanted children as a result of being raped by their male employers.

Various shocking cases of migrant worker abuse continue to fill news pages, creating outrage in a country that has at least 4.3 million citizens working abroad who last year remitted $6.6 billion.

At least 1.2 million of them are working in neighboring Malaysia, where several cases of abuse last year led the government to impose a ban on sending migrant workers.

In one of the most recent cases, a Malaysian couple was arrested for burning their Indonesian maid with a hot iron and scalding water, with the husband also accused of raping the woman repeatedly.

Another 1.2 million Indonesian workers are estimated to be in Saudi Arabia, where worker Sumiati was tortured for three months. Sumiati's case was so horrifying that Women's Empowerment Minister Linda Gumelar herself flew to Saudi Arabia to look into the case.

Yuniyanti also called on the government to hold accountable the receiving countries where the domestic workers encountered the abuse by involving them in the maids' recovery. But she and other activists emphasized that protection and preventing these cases from happening should still be the priority.

"The current regulations on migrant workers are not protection-oriented but business-oriented," Choirul Hadi, the secretary general of the Indonesian Migrant Workers' Union (SBMI), said at the same discussion.

He said recruitment agencies only talk to job seekers about the good financial prospects of domestic workers abroad and put aside information on their rights or what actions they should take in case they have problems in their workplace.

Yuniyanti said lengthy and costly procedures for getting documents and completing the recruitment process in the job seekers' respective regions often lead them to deal directly with recruitment agencies in big cities.

Some agencies use or accept fake documents just to be able to send someone abroad. SCTV reported that Sumiati, who comes from Dompu in West Nusa Tenggara, was listed as a 23-years-old by the agency that sent her to the Middle East, while she was actually 18 years old at the time (three years below the required age).

The information came from Dompu Police, who examined Sumiati's elementary and senior high school certificates.

Indonesian workers struggle for basic rights

Direct Action - November-December 2010

Zoe Kenny, Yogyakarta – A labour dispute is unfolding in this Central Java city that highlights many of the intransigent problems Indonesian workers face under the neoliberal government of Susilo Bambang Yudhoyono (SBY). What should have been an easily resolved minor labour dispute has developed into an ongoing campaign that has involved public meetings, blockades, occupations and street demonstrations and has resulted in the formation of a new union and city-wide labour solidarity network.

The dispute began on August 30, when 42 security guards employed at one of the major shopping malls in Yogyakarta, Sapphir Mall, were sacked by PT Primanusa Purnama, an outsourcing company contracted by Sapphir Mall to provide security services. The sacking was not legal because PT gave only oral notification of the end of their employment. PT also failed to pay one month and 16 days of salary as well as the usual Ramadan holiday pay.

New union formed

The workers took independent action, shutting down Sapphir Mall for two days in late August. On September 2 a meeting was held between the United Movement of Labour Indonesia (PPBI) and the security workers to form a new union, Security Workers Union (SPK). While the dispute was also being heard by Yogyakarta's industrial relations mediator, the SPK-PPBI launched an independent campaign for PT Primanusa and Sapphir Mall management to meet their obligations to the workers. As a result of the campaign, which involved the workers continuing to turn up for work to show that the sacking was illegal, public meetings and protest actions occurred in Yogyakarta and at Sapphir Mall.

The campaign has also been the catalyst for the creation of a new multi- sector united front, Committee of Labour Struggle Yogyakarta, composed of 12 organisations including students', women's and other labour organisations and with approximately 1000 members. On October 7 and 8, the SPK-PPBI blockaded the entrance to Sapphir Mall for two days, an action that attracted a lot of media attention, including international media. As a result of the campaign, the Sapphir management has agreed to pay the workers the full amount owing. Other workers at Sapphir Mall have been inspired by the struggle and as a result other workers have expressed interest in joining the SPK.

While the initial demand of the campaign has been met, the workers are still in limbo over their future employment. They will be continuing to campaign to secure their employment and livelihoods for the future.

Daniel Ariessandi, secretary of PPBI Yogyakarta, told Direct Action: "We will continue to oversee this process and solidarity of all elements of society, especially the workers, because labour issues are important for the country's economy. The welfare of the workers is an important responsibility of central government to the regions, and also determines the quality of life of the whole community. To all the poor people of Indonesia, especially the workers, we always call for solidarity between us, because the problems we face today may also be experienced by our brothers. Without unity in the independent popular organisations, we will become an easy target for the employers, who are taking as much profit as possible. We also must not simply hand over our fate to the state apparatus, because of the government's failure to take care of its people is starkly evident everywhere.

"We must always remember that our fate is in our own hands; we must face our problems alone. Welfare must be fought for. If we fight for consciousness and are willing to unite with other oppressed people, our struggle will become stronger, because history teaches that nothing can beat the unity of the people."

The case at Sapphir Mall highlights the extremely vulnerable condition of the majority of workers. According to an August 13 Jakarta Post article, out of a workforce of more than 97 million, 60 million work in the "informal" sector, which is a euphemism for being officially unemployed but scraping a living from a variety of odd jobs. The unemployed do not receive any subsidies or payment from the government, so these jobs are often the only thing preventing complete destitution.

SBY's support for the ASEAN-China Free Trade Agreement (ACFTA) will exacerbate these problems. The Indonesian economy is underdeveloped, lacking the technology, technical expertise, capital and productive capacity to compete with products from more industrially developed countries. Thus the outcome of the ACFTA will be the further dominance of Chinese-manufactured goods in the Indonesian market. In the textile industry alone, which currently supplies only 22% of the Indonesian textile market, 1.2 million workers have already been threatened with lay-offs.

Rising prices

Furthermore, the government is also making basic survival more difficult. Most recently it increased the electricity tariff by 10%, which will have a flow-on effect on the price of nearly all commodities. The government has not announced any plans for increasing the minimum wage, which is already inadequate to meet basic needs.

Beyond the immediate demands of the workers at Sapphir Mall, the SPK-PPBI is also raising broader national political demands about the conditions of life for the majority of Indonesians: demanding salary increases of 100% or decent wages for all workers, free education and health insurance, old age benefit for all workers and cancellation of the increase in the electricity tariff.

Ariessandi said: "Every campaign must raise the national and international political issues, as this is the only way that workers in struggle will be radicalised to make the connection between their own struggles and the national political situation and the need to get rid of the government and elite political parties that exist now, which have failed to help the people prosper.

"We want to convince the workers, peasants, urban poor, students and the union movement that they can wage resistance and form a government for the poor people."

Please send messages of support to: Society of Indonesian Labour Movement: Secretariat, JL. Laksda Adi Sucipto, Kledokan I, Blok D, No. 19A, Catur Tunggal, Depok, Sleman, Yogyakarta. Phone: 0274-489719/08561169852 (Daniel, secretary PPBI, Yogyakarta). Email: ppbidiy@gmail.com.

Environment & natural disasters

Survey shows Indonesian acceptance of nuclear power on the rise, Batan says

Jakarta Globe - December 5, 2010

Ismira Lutfia, Jakarta – A recent poll claims that public acceptance of government plans to build a nuclear power plant has increased.

The poll, conducted by the National Nuclear Energy Agency (Batan) in November, showed that 59.7 percent of 3,000 respondents in Java and Bali did not object to the establishment of a nuclear power plant.

Ibnu Hamad, a mass communications expert appointed to conduct the survey for the agency, said the figure showed a three percent increase from 56.7 percent public acceptance found in a similar poll conducted in May.

"The remaining percentage showed that 25.5 percent of respondents rejected, while 14.8 percent abstained" from voting on the issue, Ibnu said.

He added that the number of respondents who rejected the plan also increased from the previous poll's result which showed that 24.6 percent of respondents were against the establishment of a nuclear power plant.

The figure, according to Ibnu, is the result of a more systematic public campaign conducted by Batan over the past three months to inform the public why the government plans to build a nuclear power plant, despite strong opposition from environmentalists and nongovernmental organizations.

However, Ibnu, who is a mass communications professor at the University of Indonesia, acknowledged that the poll findings could not represent the viewpoint of the Indonesian population in general, given that it was conducted only in 22 cities across Java and Bali.

"But if we consider that the highest electricity demand is concentrated in these two islands, I think the result is representative enough to be a reference for the government in its plan to build a nuclear plant," he said.

Batan chief Hudi Hastowo said in October that the agency had signed a memorandum of understanding with the Bangka-Belitung provincial government regarding plans to build two nuclear power plants worth Rp 54 trillion ($6 billion) on Bangka.

Herman Agustiawan, a member of the National Energy Council, also said the government planned to build a 10,000 megawatt plant in west Bangka and an 8,000 megawatt plant in south Bangka.

Batan spokesman Ferhat Aziz said the poll result could serve as "a boost" for the agency to lay out the organizational infrastructure for the plan. However, he said a real stimulus would be a "go nuclear" public statement from President Susilo Bambang Yudhoyono.

"If the president says 'go nuclear,' all related government officials would surely clear the way for the plan to go ahead," said Sutaryo Supadi, a nuclear scientist from the Energy and Environment Awareness Society.

Djarot Wisnubroto, a deputy for development of nuclear material cycle technology at Batan, said that Indonesia was already being left behind by its regional neighbors, such as Vietnam and Malaysia.

KPK warns ministry about problematic loopholes

Jakarta Post - December 4, 2010

The Corruption Eradication Commission (KPK) urged the Forestry Ministry to close 17 loopholes in its regulatory set-up to anticipate further abuse of forestry licenses and illegal logging.

KPK deputy chairman M. Jasin said the loopholes included vague regulations and the absence of one assessment and monitoring institution that oversaw forest management activities in regions, including providing forestry licenses.

"We call on the ministry to revoke the ministerial decree on forest area criteria within six months and the ministerial regulation on forest area status and function within a year," Jasin said at a press conference Friday after meeting with Forestry Minister Zulkifli Hasan.

The KPK also advised the ministry to develop a self-assessment mechanism to diagnose regulatory weaknesses.

The commission said the loopholes opened the door to illegal logging, forest conversions and other destructive activities that cost the state Rp 452.4 billion (US$50.2 million).

Jasin said the root of the potential graft traps lay in the 1999 Forestry Law, which sets out an unclear definition of forest areas. The law later spawned vague forestry planning regulations that opened the door to practices of nepotism, including condoning the practice of illegal logging and illegal mining.

"The KPK will seek out violations of forestry licenses, in which corruption and bribery cases occur," Jasin said, adding that other violations such as illegal logging would be subject to criminal charges.

For example, he added, many forestry licenses in East Kalimantan many were granted by local officials without the ministry's consent. The KPK also found four different maps on forest areas and zoning, allowing forestry permit violations.

"We need a single map outlining the state of our forests, including forestry planning, to provide a solid reference to all stakeholders," Jasin added. As a cornerstone to deliver systemic improvement, the KPK said, it expected the ministry to take action by Dec. 24.

Zulkifli said the Forestry Ministry would heed the KPK's recommendations, adding that the many practices of illegal logging were proof that his office was prone to corruption.

"We have been exploiting our forests for 40 years. We will submit a draft action plan before Dec. 24," he said, adding that he supported reform to alter the regulations.

The 2002 KPK Law grants the antigraft body's authority to assess the administrative management system in all state institutions, allowing the KPK to recommend a better system if it finds the system is vulnerable to corruption.

It also instructs the KPK to file a report to the President, the House of Representatives and the Supreme Audit Agency if its recommendations are ignored. "I agree that we need to bring culprits to court if there are violations of forestry and mining regulations," Zulkifli said. (ipa)

Environment Watch: Activists hit out at coastal damage

Jakarta Post - December 3, 2010

Nana Rukmana, Cirebon, West Java – Fishermen and conservationists have expressed outrage at the widespread damage to ecosystems on the northern coast of Cirebon, blaming the damage on illicit mangrove deforestation and uncontrolled industrial development.

Coordinator of an NGO called Environmental Protection Volunteer (Rapel), Aan Anwarudin, said only 5 kilometers of mangrove forests remained intact on Cirebon's 53 kilometer-long coastline. "The rest has been damaged by illegal logging," he said.

The forests have also been damaged by the development of coastal shrimp and fish farms, according to Labor and Environmental Foundation's Cirebon director Yoyon Suharyono.

Mangrove forests reduce coastal erosion by reducing the force of waves and the reach of tides. "Mangrove forest damage has allowed the sea to pound away at the beaches, causing erosion. Coastal erosion will worsen further if reforestation efforts are not undertaken," Yoyon said.

The destruction of mangrove forests has also hit fishermen who catch fish that live in the shallow water environment of mangroves. "Environmental damage has caused fish and crabs in the coastal areas to become scarce. The damage to the mangrove swamps has caused damage to their habitat," Yoyon said.

Abdurrahman, 40, a fisherman in the Waruduwur fishing settlement in Mundu district, Cirebon, said most traditional fishermen in Cirebon used 1-meter-wide, 3-meter-long boats that could only operate in shallow waters close to land. "It is hard to find fish and other marine resources now due to the damage to the mangrove forests," he said.

Also to blame for the environmental damage, he said, were large-scale industrial developments that did not embrace environmental conservation. He specifically singled out the Kanci coal-fired steam power plant (PLTU) as a cause of environmental damage.

"The construction of the Kanci PLTU plant has sped up the damage to the coastal ecosystem which subsequently affects the lives of fishermen and other coastal communities," Aan said.

The drop in sea catches has also dealt a blow to home industries, such as makers of terasi, or shrimp paste, in a number of villages in Mundu and Astanajapura districts. "Many people living along the coast have lost their means of living. Their numbers could reach around 400 families," Aan said.

Aan named coastal communities that had been directly affected by the PLTU project. "The negative impacts could expand to other coastal areas densely populated with fishing communities, such as in Gebang and Losari districts. The condition is obviously a cause for grave concern," he said.

The Kanci PLTU plant, located on the coast in Kanci Kulon village, Astanajapura district, Cirebon, was built in 2007, on a 100-hectare plot of land.

Officials and analysts say Greenpeace's 'lies' are imperialistic

Jakarta Globe - December 2, 2010

Markus Junianto Sihaloho & Nurfika Osman, Jakarta – Analysts and government officials on Thursday accused the environmental group Greenpeace of fabricating its data on environmental destruction in Indonesia, and have called for the group to defend its claims.

In the discussion "Menguak Dusta Greenpeace" ("Revealing Greenpeace's Lies"), participants said there were strong indications of double standards in the organization's work, influenced by the political and financial interests of its donors.

The discussion was held to promote a newly published book of the same title, written by Syarif Hidayatullah, a lawyer for plantation and mining interests.

Agus Purnomo, the presidential adviser for environmental affairs, said that while Greenpeace had raised many worthwhile issues, many of its reports of environmental damage "use fake data to harm the target country."

He cited in particular one of the group's latest reports, "REDD Alert: Protection Money," which raises doubts about Indonesia's commitment to REDD, the UN-backed scheme to reduce carbon emissions from deforestation and forest degradation.

Agus said the report falsely implied the Indonesian government planned to clear more than 63 million hectares of forest by 2030 to make way for pulp, oil palm, mining and renewable energy operations.

He also took issue with another part of the same report in which Greenpeace warned that a $1 billion deal with Norway on REDD Plus initiatives was prone to corruption.

"Where's the money that has been misappropriated? We know nothing about it," Agus said. "All the claims are fake and the writers must clarify them before the House of Representatives and the government."

Boni Hargens, a political analyst from the University of Indonesia, accused Greenpeace of employing double standards, given that its main donors were major foreign companies. He questioned why Greenpeace "always fights hard to limit the expansion of palm oil plantations in Indonesia, but not in other countries."

He said the organization was also notably silent on the Indonesian operations of foreign firms such as miner Freeport and ExxonMobil, an oil major. "These are double standards – just another form of modern imperialism imposed on third-world countries like Indonesia," Boni said.

Syarif said his purpose in writing the book was to "reveal Greenpeace as an agent for multinational companies trying to disrupt local industries." He accused the organization of mounting "black campaigns" to harm local industries, such as by lobbying foreign financial institutions and donors to refuse loans to Indonesian-based plantation companies.

Syarif also refuted what he said was Greenpeace data showing that Indonesia was the world's third-biggest emitter of carbon dioxide after China and the United States. He cited the World Bank's World Development Indicators 2010 report that he said showed Indonesia was 19th overall on the global list.

However, the WDI 2010 clearly puts Indonesia a solid fourth, behind China, the US and Russia. The country is also in the top 10 for emissions of methane and nitrous oxide, two other greenhouse gases.

Syarif said his book featured several statements criticizing Greenpeace made by Indonesian politicians, activists, businesspeople, academics, and even Patrick Moore, an early member of the group. "There are strong reasons for the government to ban Greenpeace from entering Indonesia, and even suing them for their black campaigns," Syarif said.

Basuki Eka Purnama, a legislator from Bangka-Belitung province, said that while he was a district head there, he frequently saw Greenpeace protest against legitimate local logging and mining firms, while ignoring the illegal operations.

"They only bark when there's a local company with the potential to compete against a large foreign firm," he said. "Local palm oil, pulp and mining companies: those will always be their targets."

Greenpeace on Thursday denied all the accusations, calling the book an attempt to discredit the organization. "They're trying to discredit us in a ridiculous way," said Yuyun Indradi, a Greenpeace Southeast Asia forest campaigner. "Our reports are based on research with clear references that they can check."

He said his group was not driven by any political or financial motivation in carrying out its various campaigns. "We're not financed by any companies or governments," Yuyun said. "We're not linked to any political party. We're driven purely by our mission, which is to help save the environment."

He said Greenpeace was preparing a rebuttal to the allegations raised in Syarif's book and considering further actions.

"We'll respond as soon as possible, by next week at the latest," he said. "While we can rebut them, maybe we should just ignore them. Our people are smart. They know what's been going on so far regarding environmental degradation and what's behind it."

Poverty Watch: Hardship looms for Merapi refugees rebuilding lives

Jakarta Post - December 1, 2010

Slamet Susanto, Yogyakarta – Freed from the threat of volcanic eruptions, Merapi's refugees must now face the ordeal of rebuilding their lives. Refugees are leaving evacuation centers and returning to homes where their livelihoods have almost been annihilated.

The Volcanic Technology Development and Research Center (BPPTK) has reduced the danger zone's radius, prompting thousands of refugees to return to their villages on Merapi's slopes.

During the eruptions, which began on Oct. 26, evacuation centers in the four affected regencies – Sleman, Boyolali, Klaten and Magelang – held as many a 320,000 refugees. But now those refugees are facing an uncertain future because of Merpai's effect on the local economy.

Residents of Merapi's slopes are confronting the prospect of poverty as the eruptions paralyzed the area's economy, especially the agriculture, fishery and tourism sectors. "We have spent everything and no longer have any savings. Now we have to start from scratch," Hadi Sunaryo from Manggungsari, Sleman, said.

Sunaryo, 62, and his family had previously earned a living through their snakefruit and vegetable farms, but their crops were destroyed by volcanic ash from the eruptions. "We will plant more crops to earn a living, but it will take three months before we can harvest. Until then, we don't know how we will survive," he said.

Thousands of people living on Merapi's slopes cultivated snakefruit, but because of the eruptions, 14,000 hectares of Sleman snakefruit farms are facing harvest failure.Losses are estimated at up to Rp 3 billion (about US$333,000).

Conditions in Magelang regency, Central Java, are also cause for concern as 2,500 hectares of snakefruit trees were destroyed by the eruption. Tree branches had broken under the weight of thick volcanic ash. Damages are estimated at Rp 6 billion, with recovery taking up to three years.

The fishery sector is facing the same conditions. Hundreds of thousands – if not millions – of fish died, including brood stock such as gurame, catfish, nila and carp. It could take years for fish stocks to recover.

"We have to start from scratch as we don't have anything left. Luckily, our home was not badly damaged and we can still live there," resident Nunung Wibowo said.

Mudiono, a resident of Kedung Sriti, Sleman, said he spent all his savings to support his family while living at the shelter for a month. He did not work while at the shelter, so he did not make any money.

"We have to start over again," he said. Mudiono still has Rp 4.5 million remaining from the sale of his two cows.

Residents still depend on their dairy cows and snakefruit farms, but they hope the government will help them until their activities bear fruit. "We have run out of food. We hope the government will give us rice so at least we can eat while we rebuild our lives," Mudiono said.

Health & education

Condom-shyness hampers Indonesia's battle against HIV/AIDS, minister says

Jakarta Globe - December 3, 2010

Camelia Pasandaran, Jakarta – The government has blamed the increase in HIV/AIDS infections across the country partly on reticence about condom use that is the norm here.

Health Minister Sri Endang Sedyaningsih, speaking at an event on Friday to commemorate National Health Day, said the issue was complicated by the fact that promoting condom use could be seen as tantamount to condoning casual sex, which is widely frowned upon in the Muslim-majority country.

"It's such a big problem that even saying the word 'condom' is difficult," she said. "We don't support casual sex – and as much as possible it's best to avoid it – but we should consider the high number of housewives being infected by their [promiscuous] husbands."

As of September this year, there were an estimated 50,352 people in Indonesia living with HIV, according to Health Ministry data. Of those, 22,726 had full-blown AIDS. Almost half of the total, or 47.8 percent, were between the ages of 20 and 29. The number of new infections this year alone was 4,173.

The highest number of AIDS cases were in Papua, Bali and Jakarta, whereas the highest number of HIV infections were in Jakarta, East Java and West Java.

Other government officials have raised concerns of the impact of the disease on the younger generation, and have called for more effective awareness campaigns to curb the trend.

"It's worrying that the number of AIDS cases is dominated by those in the productive age range of 15 to 39 years, who account for 78.8 percent of cases," Agung Laksono, the coordinating minister for people's welfare, said on Friday. "The number of HIV infections spreading through heterosexual relations is also increasing."

Vice President Boediono said public awareness of the disease needed to be raised in a more effective manner to target young people. "Our focus should be to prevent them getting infected by unwanted diseases," he said.

"Public education should be focused on the young generation, mainly through health education. This should be integrated into the national school curriculum to raise students' as well as teachers' awareness."

The vice president also said the underlying causes for the overall increase in infections needed to be investigated. "The increase shows exponential progression, not just linear progression, and this requires attention," he said. "Some people have said the official figures are only the tip of the iceberg. I hope it's not that bad."

Sri said that while the number of new HIV/AIDS cases in 2010 did not mark a significant increase, she warned that most cases went undetected. The solution to curbing the increase, she said, is to target the transmission of the disease through mainstream prostitution and other forms of heterosexual relations. "We need to engage the men," she said.

"We'll also campaign in schools because students' current awareness is very poor. The information will be adopted into the reproductive health education syllabus, and will include issues such as sexually transmitted diseases like HIV/AIDS."

Panicked transvestite beauty queen hopefuls flee FPI raid

Jakarta Globe - December 2, 2010

Rahmat, Makassar – Dozens of panicked transvestites were sent fleeing for safety after Indonesia's militant Islamic Defenders Front raided a drag- queen contest to mark World AIDS Day on Wednesday.

Ten minutes before 50 transgender competitors were expected to begin the contest in a function hall owned by the Indonesian Military (TNI) in Makassar, South Sulawesi, dozens of members of the Islamic Defenders Front (FPI) and Majelis Darul Mustafa Makassar raided the premises and demanded the event be halted.

Habib Abu Bakar Hamid, the head of MDM, mounted the stage to address the crowd and say the contest contravened Shariah law.

"This activity is not part of the Shariah and for the good of the people, we demand the event to be stopped," he said, adding that a drag queen contest was an immoral act. "We want to keep ourselves from doing haram [forbidden] acts," he said.

Contest organizer Tiara Bachtiar said at first she was determined to put up a fight against the unwanted visitors but was forced to give up due to the panic caused among the contestants.

She deplored the raid, saying the event was an attempt to disseminate information about safe sex and the dangers of HIV/AIDS. "There was going to be an session to show the people ways to prevent contracting HIV/AIDS," Tiara said.

Activists boycott commemoration of World AIDS Day

Jakarta Post - December 2, 2010

Imung Yuniardi and Yuli Tri Suwarni, Semarang/Bandung - A number of HIV/AIDS activists boycotted on Wednesday the commemoration of the World AIDS Day on Dec. 1 in Semarang, Central Java.

The boycott was launched on consideration that the commemoration, which was launched in 1988, consisted mainly of ceremonial programs which spent a large amount of funds that could actually be used for treatment.

"What people with HIV/AIDS needs more is affordable treatment services, continuation of the services but not ceremonial programs," she said.

Yvonne said that several activists in other countries also protested such a commemoration at a time when thousands could have access to medication.

Internationally this boycott was initiated by the National Association of People Living with HIV/AIDS in Nepal, she said.

Head of HIV/AIDS team at Kariadi Hospital Muchlis AU. Sofro disclosed that the number of HIV carriers in Central Java reached up to 10,000 in line with rough calculations. "But the official data said there were only 3,176 people [with HIV/AIDS] as of September 2010," he said.

In Bandung, West Java, HIV/AIDS status disclosure has increasingly become a social dilemma, which is difficult to solve to curb the spread of the virus. The West Java AIDS Prevention Commission (KPAD) has registered an upward trend in the number of HIV infection cases on housewives and children under 15 years old.

Secretary of West Java KPAD Riadi said that the number of people with HIV/AIDS in West Java reached 5,536 as of June 2010. There were 148 cases of babies who were infected with HIV during the labor process from couples infected with HIV/AIDS, he said.

At least 500 senior high school students staged a rally under the theme "Stop AIDS" in front of Bandung Indah Plaza, where Bangun Mayor Dada Rosada was present.

Dozens of Hizbut Tahrir Indonesia activists, mostly wearing black robes, conducted a long march from Gedung Sate to Bandung City Hall.

The activists presented their critical stance on various HIV/AIDS campaigns and urged all circles to stop propaganda on sexual promiscuity. They unfurled banners which read, among others, "HIV/AIDS the Waste of Capitalism", "Stop Free Sex", "Throw Away Gays" and "Crush Transgenders". In Kediri, East Java, the local administration is forming a bylaw which obliges commercial sex workers and their customers to use condoms.

Head of Kediri Health Office Adi Laksono said Wednesday that the bylaw would be enacted following a finding, which said that prostitution was the source of HIV/AIDS. "In the period between 1996 and 2010, the number of people with HIV/AIDS in Kediri reached 206, of whom 20 died.

However, the plan was opposed by Jauharal Nehru, head of Roudlotul Ulum Muslim boarding house, because he said it would legitimize prostitution. "We will gather masses to turn down the bylaw," he said.

[Indra Harsaputra contributes to this article from Surabaya.]

Sex workers at the forefront of disease prevention

Jakarta Post - December 1, 2010

Tifa Asrianti, Jakarta – Female sex workers are often blamed for the HIV/AIDS epidemic, but in reality many of them become champions of safe sex by encouraging patrons to use condoms, sometimes at the risk of physical abuse.

Erry (not her real name), a female sex worker at a nightspot in Tamansari, West Jakarta, said she asked all her clients to use condoms. The establishment she works in also features several stickers in each room promoting condom use.

However, she added, not all patrons agreed to the request, some even got violent. "Sometimes they are in a rush, and other times they say they are clean so they don't need to use a condom. Then I say that they may be clean, but I am not, and I can infect you," the 24-year-old said.

If the client still refused to use a condom, Erry said, she would leave the room. However, sometimes the clients hit the girls.

Erry's colleague "Tari" was beaten by a client for asking him to use a condom. "In the end I complied so he would stop beating me," the 18- year- old said.

Nafsiah Mboi, the secretary-general of the National Commission on HIV/AIDS Prevention said condom usage among high-risk groups in Indonesia remained low because men were reluctant to use them.

To achieve its Millennium Development Goals (MDGs) by 2015, 65 percent of high-risk people in Indonesia should use condoms, the commission said. Recent statistics showed that condom usage in Indonesia only reached 30 percent of high-risk people.

"There are several regional administrations that issued a bylaw requiring sex workers to promote condoms to their clients. But the law enforcement is weak. It is the same case across most of Asia, except in Japan," she said.

The commission said male clients who refused to use condoms posed a danger to their spouses. Estimates of the spread of HIV/AIDS from 2000 to 2025 show that male clients and their spouses were the two groups experiencing the fastest growth rate of HIV/AIDS because husbands and wives rarely use condoms during intercourse.

To increase the use of condoms, the commission has been conducting HIV/AIDS campaign programs in key communities. The programs includes distributing condoms, stickers and leaflets on the importance of condom use. Ajianto Dwi Nugroho, the commission's media specialist, said the commission worked with high-risk groups to get their feedback.

"We asked the sex workers if they could understand the leaflets, if we needed to change the typeface or colors. We also designed the leaflet to be foldable so clients could carry it in their pocket to read later," he said.

Jhon Everson, the manager of a nightspot, said he welcomed the campaign as he understood the severity of the HIV/AIDS situation in Indonesia. He said he learned about HIV/AIDS in 2004 when an NGO came to the area and disseminated information on the disease.

Jhon said his company provided condoms for the sex workers. "We also work with an NGO to give the girls regular health checks. If one of our girls falls ill, we give her a few days off and she seeks medical help," he said.

Jhon also agreed to leave leaflets in the hands of his workers, who will distribute the leaflets each client. The leaflet contains 12 facts, debunking myths surrounding condom use, including fears that using condoms reduces virility and that condoms have pores, and are thus not reliable protection.

He admitted that the campaign had not spread to all high-risk groups because nightspots were profit-oriented, and any activity that could reduce income would be avoided. "Also, most businessmen are afraid of being found out or being caught in police raids. Of around 100 entertainment spots here, only 50 will run the HIV/AIDS campaign," Jhon said.

In 2004, the commission said there were 2,682 HIV/AIDS cases. As of June 2010, there were 68,927 HIV-positive people and 21,770 others had contracted AIDS. As the number of cases continues to rise, the number of women getting infected is also increasing.

The Health Ministry said that as of December 2009, 3,525 women had HIV/AIDS, among them 1,970 housewives and 604 female sex workers. In 1989, only 2.5 percent of people with HIV/AIDS in Indonesia were women, a figure that had shot up to 25.5 percent by 2009.

Pre-marital sex is a fact of life, teens say

Jakarta Post - December 1, 2010

Hans David Tampubolon, Jakarta – Scores of Jakarta's youth have adopted a more liberal view of pre-marital sex, confirming findings by the National Family Planning Agency (BKKBN) that teenagers in the city were sexually active.

Some of the teenagers interviewed by The Jakarta Post on Tuesday said they were not concerned about engaging in a pre-marital sexual intercourse and had lost their virginity early in their teens. "I believe it is up to every individual to decide whether they should stay virgin until they get married.

Being a virgin has nothing to do with morality," 20-year-old university student Rara (not her real name) told the Post in Central Jakarta. But for teens, sexual intercourse can be complicated. "Sometimes a person loses their virginity out of love. For others, it's about money. It's a personal choice and society should not make judgments based on this," she said.

A friend of Rara, Febri took a different path. She has chosen abstinence and would only engage in sexual intercourse after getting married. Despite her stance, she said, she would respect the decision made by her peers about being sexually active. "I will not pass moral judgments about people who engage in sexual intercourse early," she told the Post.

For some high school students, virginity is not a big deal. Dimas Hidayat Lubis, a 15-year-old student from a state vocational school in South Jakarta, said it was a personal choice. "I think it is important to stay a virgin until you are married. But everyone has the freedom to choose," he said.

Stacy Louise, a university student in South Jakarta, said putting a premium on virginity was the hallmark of a conservative society. "Society sets standards, but it should not be used to measure people's morality," she said.

Virginity is a malleable concept, she said. "One's virginity can be lost not only through consensual sexual intercourse, but also through accident or rape."

Late last week, BKKBN head Sugiri Syarif said more than half the teenagers in Jakarta had engaged in pre-marital sexual intercourse. He put the figure for Jakarta at 51 out of every 100 teenagers.

The figure for Jakarta was lower than in other cities, such as Surabaya (54 percent) and Medan (52 percent). Teenagers accounted for 800,000 of the 2.4 million abortions conducted in Indonesia every year, according to the survey.

While the majority of teenagers may not see virginity as a serious issue, society in general seems to be fixated by it.

There has never been a short supply of clinics in the capital offering hymen reconstruction surgery. In South Jakarta, such clinics can easily be found in Tebet and Kalibata. Having the procedure done costs between Rp 4 million (US$440) and Rp 6 million.

A recent sex scandal involving a famous Muslim preacher-politician generated rumors that the cleric wanted to have intercourse with a girl who only agreed if he paid for her hymen reconstruction surgery. The Muslim preacher denied any wrongdoing in the case.

Indonesian teachers 'encouraged' to educate students about sex

Jakarta Globe - December 1, 2010

Nurfika Osman, Jakarta – Sex education will be "integrated" into Indonesian classrooms for the first time as the nation faces up to an increasing number of HIV/AIDS cases in the country, including a growing number of young women.

National Education Minister Muhammad Nuh said on Wednesday that the ministry intended planning to begin HIV/AIDS education for school students, whose knowledge of the dangers remained low. He dodged a question regarding whether the lessons would include condom use.

"We are going to encourage teachers to teach their students about HIV/AIDS and how we can prevent it," Nuh said. "We are not going to have a new subject on this matter, but this issue will be integrated into biology classes, sports classes, religion classes and sociology classes."

Based on a Central Statistics Bureau survey in 2010, only 14.3 percent of Indonesians aged 15-24 were knowledgeable about the disease, well below the 70 percent target needed for Indonesia to achieve its Millennium Development Goals.

Nuh said that the ministry also planned to train teachers so they each had comprehensive knowledge about AIDS. "We are planning to have training of trainers for teachers so that this is going to run effectively," he said.

The Ministry of National Education is this year responsible for raising AIDS awareness. It has about 200 campaigns in place.

In October, Nuh launched a sex education initiative for blind and deaf children but he has previously been criticized for rejecting a proposal to include sex education in the curriculum of state schools.

In 1989, women accounted for just 2.5 percent of all people living with HIV/AIDS in the country, according to the National Commission on AIDS (KPAN). By 2009, however, they made up 25.5 percent of cases. And this number is likely to increase further as gender-based violence continues to rise.

The commission predicts HIV prevalence among Indonesians aged 15 to 49 will increase to 0.37 percent in 2014 from 0.22 percent in 2008, while the number of people with HIV/AIDS will increase to 541,700 in 2014 from 371,800 in 2010.

Nafsiah Mboi, the secretary of the commission, told the Jakarta Globe on Wednesday that the target was "too ambitious" but if the government and civil society groups worked together a 50 percent figure could be achieved by next year.

She said students should be more familiar with condoms and the use of condoms. "Condoms shouldn't be a taboo."

Decentralization poses threats to public healthcare

Jakarta Post - December 1, 2010

Rita A. Widiadana – It has been almost 10 years since the Indonesian government imposed Law no. 22/2002 on decentralizing government functions and authorities to regional administrations, including healthcare.

The idea was brilliant. Yet, surveys and studies on some basic health indicators and people's access to public health services show conditions are deteriorating.

What has gone wrong with the implementation of the decentralization of the health sector? Since the law was enacted, the World Health Organization (WHO) has been skeptical of the policy.

"Decentralization has considerably weakened the unified national health system including the once established disease surveillance system as well as public health programs," WHO reports. It is not surprising that communicable diseases that were supposed to be eliminated are reemerging.

Polio and leprosy cases are reemerging, striking children and adults as well. Animal-borne diseases including avian influenza and rabies are also spreading.

Rabies is one of the most deadly diseases that has begun to spread across Indonesia recently. The outbreak of rabies has affected 24 of the country's 34 provinces, and claimed 143 lives a year on average. Before 1997, only five provinces were affected by rabies.

The current handling of the rabies outbreak in Bali is an example of the challenges of health decentralization.

Ngurah Mahardika, a professor of virology at the University of Udayana in Denpasar, lamented that the provincial administration faced difficulties in promptly addressing this epidemic and implementing measures to track the disease since it first emerged in November 2007.

Lack of coordination between provincial and regional health officers has escalated the number of victims, and has widely spread the disease to all regencies on the island. The disease has claimed 103 lives. Dog bite cases stood at 68,000 over the last two years.

"Rabies has spread so uncontrollably from one regency to the next. Weak health policies and unclear prevention and eradication concepts have worsened the problem," Mahardika said.

Bali had previously pledged to deal with the disease by using its own financing and expertise. However, in the end, the province needs help from other institutions including the ministry of health, WHO, and World Society for Protections for Animals.

Hasbullah Tabhrany, a public health expert, identified a number of problems faced by provinces in implementing the health decentralization system. "Decentralization in the health sector has widened the gap of availability of healthcare services and facilities in urban and rural areas." Tabhrany said previously.

The system also poses threats to public access to essential public health services such as maternal and child health, immunization, health promotion, disease surveillance, disease prevention and control including response to epidemics.

In addition, there were concerns that the existing huge gaps in the distribution of human and financial resources could widen further across provinces and across cities and districts within each province.

Dinnie Latief, an expert in health decentralization at the Health Ministry, said in a public seminar that many local authorities had limited understanding of health issues.

Many of the elected heads of provinces and regencies as well as legislators lacked knowledge and understanding about health issues, she said. It was reported that many governors, regents routinely resorted to populist notions of free healthcare as a vote buying strategy.

Few of these politicians or their senior bureaucratic advisors are looking beyond the next election to determine what is needed to improve the performance of the health system and the health of their people.

Decentralization has also affected the number of medical professionals working in regencies.

Until the late 1990s, the Health Ministry was obliged to deploy newly graduated doctors to remote districts as part of its mandatory service program. Under the decentralization system, the deployment of medical professionals is in the hands of provincial and regional authorities.

"In one village, a health community center Puskesmas was run by a former lurah, or subdistrict village head, instead of a doctor or a health professional," she added.

In the remote region of Ende in East Nusa Tenggara, a regent reported that 28 community health centers shared just four doctors. Given these circumstances, it is difficult to expect basic public health functions such as disease control and combating malnutrition.

Adang Bahtiar, chairman of the Indonesian Association of Public Health Experts, urged the Health Ministry to develop a clear guideline on the roles of central, provincial and district health authorities to avoid confusion. "The ministry should open a wide network with international agencies and donors to support health services in provinces and districts."

However, provincial and district authorities must improve their human resources, technical and financial capacities in handling health issues in their respective areas. It is a huge task to monitor and control health issues in 440 regencies and municipalities across the archipelago.

Graft & corruption

Indonesian police going after Gayus's suspected Bakrie broker

Jakarta Globe - December 5, 2010

Farouk Arnaz, Jakarta – The National Police will send officers to Surabaya, East Java, to hunt down the mystery man who allegedly worked as a go-between for rogue tax official Gayus Tambunan and Bakrie Group companies, a police official told the Jakarta Globe on Sunday.

"We'll dispatch officers from our anticorruption unit to look for Imam Cahyo Maliki," said the source, speaking on condition of anonymity. "We understand he's mentally ill and being treated at a psychiatric hospital in Surabaya."

The source added it was important to question Imam in order to clarify claims by Gayus that he took bribes from the companies, partly-owned by the family of Golkar Party chairman Aburizal Bakrie, in exchange for tax breaks.

"We've summoned Imam twice before to appear for questioning, but he has failed to comply," the source said. "We haven't been able to name him a suspect yet due to the lack of evidence, but in order to assure the public that we're taking this case very seriously, we need to go after him."

Imam's name was first mentioned by Denny Indrayana, a presidential adviser. He said Gayus had told him that Imam had helped arrange the transfer of up to $7 million in bribes from the Bakrie companies, including miners Kaltim Prima Coal, Arutmin and Bumi Resources.

Gayus also claimed he had been helped in his dealings with the Bakrie companies by an insider at one of the firms, identified only as Deni, according to Denny.

Imam's older brother, Alif Kuncoro, was sentenced to 18 months in September for bribing a police officer to not name him a suspect in Gayus's original embezzlement trial.

Gayus's lawyer, Adnan Buyung Nasution, welcomed the plan to track down Imam and unravel the case: "[Otherwise] we'll never know for sure where Gayus got his money from," he said.

Police confused, KPK plays passive on Gayus

Jakarta Post - December 4, 2010

Bagus BT Saragih, Jakarta – The National Police have been changing their tune on opening their investigation of the Gayus Tambunan case, while the antigraft body is observing as a passive audience, refusing to make the first move to take over the case.

Elites at the National Police conveyed contradictory statements on the case Friday. National Police chief detective Comr. Gen. Ito Sumardi insisted that the case exposure meeting on the Gayus case should be restricted to police detectives. "The National Police chief has issued an order. It is an internal matter as stipulated in the police law," Ito told reporters.

The statement was contradictory to the force's earlier invitation for the Corruption Eradication Commision (KPK) and the Judicial Mafia Taskforce to attend the meeting. Only hours after Ito's statement, National Police spokesman Insp. Gen. Iskandar Hasan denied his statement.

Citing a confirmation from Ito's deputy, Insp. Gen. Dikdik Maulana, Iskandar said detectives would invite the KPK, the Attorney General's Office (AGO) and the Financial Transaction Analysis and Report Center (PPATK) to attend Gayus' case exposure meeting scheduled for next week. "However, the Judicial Mafia Taskforce will be excluded," Iskandar said.

KPK deputy chief Mochammad Jasin shrugged off the fickle police attitude, saying it was not important. The KPK was still waiting for more information about the case exposure from the police, he told reporters.

Jasin said the KPK would not push the police to allow the commission take over the case. "It might trigger rifts between law enforcement institutions. That would not be good," he said.

Gayus, a former low-ranking tax official, has been widely publicized for his notorious – albeit still alleged – judicial and tax mafia felonies. He has been standing trial for allegedly bribing law enforcers and a judge using part of a Rp 100 billion (US$11.1 million) fortune of funds he illegally amassed from corporate taxpayers.

Pressure has been mounting for the police to hand over the case to KPK after public trust of the police slid following Gayus' illegal jaunts away from the National Police's Mobile Brigade detention center in Depok, West Java.

The trust went further downhill on the heels of Gayus' hearing last week, where a bank witness said money in one of Gayus' accounts was only Rp 16 million, not Rp 395 million as the police previously claimed to have seized.

Critics also slammed the results of police investigations into the alleged judicial corruption surrounding Gayus' embezzlement investigation, saying the police let too many people go free, including several high-ranking police officers and powerful corporate executives.

Jasin said the KPK had yet to decide if the commission would probe the Gayus cases. "We are still gathering information and will study the case, but it is not yet an investigation. We don't want to push it too hard, because we are afraid we would lose the chance to gain more information," he said.

Jasin reiterated that the possibility for the KPK to investigate the Gayus cases remained open. "If we find evidence of corruption [during the police investigation], the KPK could work alone, without the police." Amid all the criticisms and pressures, the police detectives held a case reconstruction of the flow of illicit money going to Gayus. Police went to three places where Gayus allegedly negotiated and received cash bribes from middlemen as compensation to help several companies manipulate their tax obligations.

The police claimed their efforts were proof of their seriousness in probing Gayus' taxation mafia ring.

Indonesia Corruption Watch (ICW) coordinator Febri Diansyah said he was disappointed in both the police and the KPK. The police's fickleness allowed for suspicions that something was foul inside the force, while the KPK should have been more decisive, he said. (ipa)

Indonesian judicial mafia busters 'a liability,' critics say

Jakarta Globe - December 3, 2010

Heru Andriyanto, Jakarta – Just weeks ahead of its first anniversary, the Judicial Mafia Eradication Task Force is facing mounting calls for disbandment amid criticism that it has done nothing more than "hold press conferences" and protect the interests of the ruling coalition.

"The thing it knows how to do best is hold press conferences," said Haris Rusli from Petisi 28, a group of legal activists from various backgrounds, but all critical of the government.

Petisi 28 lodged an unsuccessful motion asking the Supreme Court to disband the task force but recently, several politicians also jumped on the bandwagon.

The United Development Party (PPP) has officially requested the task force be disbanded because "it focuses merely on image building, while law- enforcement tasks require concrete actions," the party said late last month.

Eleven months since its establishment, how much has the six-member task force to rub out the so-called judicial mafia – a term referring to case brokers who have effectively choked the country's legal system – actually accomplished?

Weak force?

President Susilo Bambang Yudhoyono issued the presidential decree forming the task force on Dec. 30, 2009, shortly after he declared war on the judicial mafia when he assumed office for the second time in October last year.

The task force is chaired by Kuntoro Mangkusubroto, who previously headed the government's post-tsunami relief coordinating body in Aceh. Other members are presidential adviser for legal affairs Denny Indrayana, Deputy Attorney General Darmono, high-ranking police official Insp. Gen. Herman Effendi, environmental law expert Mas Achmad Santosa and Yunus Hussein, chairman of the Financial Transactions Reports and Analysis Center (PPATK).

Unlike police and prosecutors, however, the task force is not authorized to take concrete action. It is limited to giving recommendations to the president on how to proceed with reforms in the institutions in question.

And therein lies its weakness, Haris said. Because the task force is an ad hoc body by nature and was established by a presidential decree, it is not powerful enough to serve as a watchdog over agencies like the police and the attorney general's office that are more firmly grounded.

"The task force works without a clear pattern," added Romahurmuzy, secretary of the PPP faction in the House of Representatives. "With the police, the AGO and the KPK having new chiefs, it's time to disband the task force."

Little action

This is why, according to Haris, all the task force has been able to do is make headlines, but there aren't many concrete deeds.

The task force made grabbed the media spotlight this year when it paid unscheduled visits to prisons and found how high-profile convicts like Arthalyna Suryani, who is serving four and a half years for bribing a prosecutor, could live remarkably luxurious lives in cells furnished with all amenities.

But after the blazing media coverage of the prison inspection, the task force members were unable to prevent the leisure Bali trip of another high-profile detainee, Gayus Tambunan, who has been held since they helped facilitate the return from Singapore, where he had fled to evade graft charges.

Although the Gayus case has now evolved into a major scandal with police officers, lawyers, a judge and even a prosecutor either named a suspect or already jailed, observers say it failed to provide momentum to uncover the so-called judiciary mafia in courts, the National Police and the AGO.

No further action has been taken against major companies who allegedly evaded taxes by bribing Gayus.

Cherry-picking?

Haris also accused the task force of favoritism: criticizing scandals outside the State Palace but turning a deaf ear to government-linked cases such as the Bank Century bailout scandal. "It has largely served to mask the hypocrisy in law enforcement – as if the government was seriously combating crime," he said.

Lawmakers in the House's legal affairs commission have criticized the task force for not carrying out its responsibilities.

Trimedya Panjaitan from the Indonesian Democratic Party of Struggle (PDI-P) and Bambang Soesatyo from the Golkar Party have said the task force should be dissolved immediately because its members have been too busy exploiting the Gayus case and because it had become more of a liability than an asset to law enforcement.

"When a task force serves mainly as a stage for its members to gain personal fame, it should be disbanded immediately because that's not the goal of its establishment," Bambang said.

Golkar was also displeased by task force reports of alleged involvement in the Gayus scandal of companies belonging to the party's chairman Aburizal Bakrie.

Gayus has repeatedly claimed that he received massive amounts of money from Bakrie Group companies, including Bumi Resources, and he is alleged to have met with Aburizal during his controversial Bali trip. The task force denied it was behind the allegation.

'We're still needed'

Task force member Darmono, who is also a deputy attorney general, dismissed opinions that the task force was ineffective, saying on Friday that its existence is needed to assist the nation's law-enforcement agencies.

Another task force member, Mas Achmad Santosa, said he preferred to ignore the criticism as long as his team continues its work for "a good cause."

"We don't need to respond, because we need to keep moving forward," he said. "We work for a good cause and we never intervene in the legal proceedings. The bottom line is we have to uncover the judicial and tax mafia."

Battered police begin to trace Gayus' illicit money trail

Jakarta Post - December 3, 2010

Jakarta – The National Police on Thursday began reconstructing the flow of illicit money going to Gayus Tambunan, in a move that could lead police to naming businessmen who bribed the rogue taxman to avoid paying taxes.

Police went to three places where Gayus allegedly negotiated and received bribes in cash from middlemen as compensation to help several companies settle their tax problems.

Gayus, accompanied by one of his lawyers, Indra Natan Kusnadi, was also brought by detectives to reconstruct the scene in the three locations: the Menara Peninsula Hotel in West Jakarta, Cempaka Mas Apartment building in Central Jakarta, and Dapur Sunda restaurant in South Jakarta.

"This is an effort to trace where he got the money that we discovered," National Police spokesman Insp. Gen. Iskandar Hasan said.

The now notorious Gayus, a former low-ranking tax official, is on trial for bribing police, prosecutors and a judge to help him escape graft charges. He testified that he had illegally amassed up to Rp 100 billion (US$11.1 million) from dozens of corporate taxpayers, Rp 25 billion of which he spent to secure an acquittal in his first trial last year.

The police reopened the investigation into Gayus in March, but they have so far not probed the companies that allegedly bribed Gayus, sparking allegations that the police force was still swayed by political power.

The police have frequently defended against the criticism, saying that "Gayus could never remember where he got the money from". However, police documents obtained by The Jakarta Post revealed that Gayus had told detectives when, where, how, and from who he received Rp 28 billion.

Also on Thursday, antigraft activists gathered at the Corruption Eradication Commission (KPK) urging the commission to take over the investigation instead of police.

Among the activists were Transparency International Indonesia secretary- general Teten Masduki, University of Indonesia communications expert Effendi Ghazali, former police general Bambang Widodo Umar, and antigraft researcher Zainal Arifin Muchtar.

The police have frequently defended against the criticism, saying that Gayus could never remember where he got the money from.

Indonesian president says war on graft far from won

Jakarta Globe - December 2, 2010

Camelia Pasandaran & Nivell Rayda, Jakarta – President Susilo Bambang Yudhoyono said on Wednesday that although progress had been made in the fight against corruption, it was not enough and more aggressive efforts were needed to rid the country of graft.

Speaking at a national conference on corruption, Yudhoyono cited surveys by Transparency International that found Indonesia's Corruption Perception Index had improved to 2.8 in 2010 from just 2 in 2004 – with 0 being the most corrupt and 10 the least. "The 2.8 is an increase and the highest achievement in Indonesian history – but you and I, we're not satisfied," he said.

Indonesia Corruption Watch's deputy coordinator, Adnan Topan Husodo, said the increase, which he called minor, was a dismal result from Yudhoyono's six years in office. "Rising from 2 to 2.8 over the course of six years is not an achievement," he said. "At this rate, when will Indonesia be free from graft?"

In addition to corruption by regional heads, Yudhoyono said graft at institutions managing large budgets for procurements was also still high, mainly because of illegal markups. Another problem, he added, was tax- related corruption.

"We should also prevent and eradicate corruption in law-enforcement institutions," the president said. "If we want to clean a dirty floor, we should make sure that our broom is clean."

Yudhoyono also called on the customs and tax offices, and big state enterprises that contributed significantly to the state coffers, to redouble their corruption-eradication efforts. "I warn you once again, maintain your integrity and restrain yourself from committing corruption," he said.

New efforts are needed to stamp out corruption once and for all, he said, including regulations to limit the opportunities for people to engage in graft. "We should ensure that the regulations and the monitoring systems become more effective," he said. "We need to close all the loopholes that could be abused by people to violate the law."

ICW's Adnan, meanwhile, said the president needed to take radical measures to restructure some government agencies from top to bottom. "So far, bureaucratic reform at public offices has only involved better remuneration, without any improvement to the corruption-prone system," he said.

Adnan said the Corruption Eradication Commission (KPK) also needed be strengthened, and more powers given to government watchdogs like the National Police Commission.

Hasril Hertanto, a legal expert at the University of Indonesia, said Yudhoyono already had all the tools he needed to effectively combat corruption. "Now is the time to establish the proper mechanisms so that civil society and the public at large can make use of the law to monitor the government's spending and performance based on the spirit of transparency and accountability," he said.

Utama Kajo, head of public policy at the Indonesian Chamber of Commerce and Industry (Kadin), said corruption was the biggest problem facing the nation. "With rampant corruption, Indonesia still managed to get 5 percent annual economic growth – imagine if it was free from corruption," he said.

"Employers would gladly raise wages if only their income was not eaten up by illegal fees. We'd gladly make our products more affordable if only competitors didn't bribe their way to securing government projects or permits."

KPK announces new whistle-blower system for anonymous informants

Jakarta Globe - December 1, 2010

Jakarta – Anyone who wishes to submit information about corruption allegations to Indonesia's Corruption Eradication Commission can now do it discreetly using the antigraft agency's new whistle-blower system.

"It is an online service on KPK's Web site which can be accessed by the public to report any information on corruption," the commission's deputy chairman M Jasin said at the opening of the National Conference of Corruption Eradication (KNPK) in Jakarta on Wednesday.

The system can also be accessed directly on this address: http://kws.kpk.go.id. It is available in English. The page allows potential whistle blowers to submit their information discreetly.

It is the fifth such conference held by the commission, also known as the KPK. This year's theme is "Corruption Eradication Through the Whistle- Blower System Mechanism."

President Susilo Bambang Yudhoyono, who gave a speech after the opening, said he appreciated the efforts made by the KPK to fight corruption in Indonesia. "The world knows that corruption still happens in Indonesia but the world also knows that Indonesia is carrying out an aggressive anticorruption campaign," Yudhoyono said.

He also called on state institutions to fight mark-up practices to prevent corruption. "We have to stage a war against mark-up practices. The state has lost thousands of trillions because of it," he said.

M Jasin supported Yudhoyono's statement. "Based on KPK data, mark-up practices are still the most common modus operandi for corruption," he said, adding that state institutions should be more transparent in their budget management and spending.

War on terror

Indonesian terrorists targeted 'infidel' oil execs

Jakarta Globe - December 6, 2010

Farouk Arnaz, Adi Mulya & Heru Andriyanto, Jakarta – Terrorists planned to attack executives of an international oil company in Riau province as well as tourists visiting Anak Krakatau volcano in the Sunda Strait, a police source said on Sunday.

The source, who spoke on condition of anonymity, said police learned of the plan while questioning 27-year-old terrorist suspect Fadli Sadama, who was arrested in October in possession of firearms in Malaysia.

A team of seven investigators went to Malaysia to question him last week, and he was brought back to be detained in Jakarta on Saturday.

In the questioning, the source said, police learned Fadli was planning to "ambush, kidnap and kill expatriates or whoever is seen as an infidel" at oil company Chevron Pacific Indonesia in Riau.

Fadli told police he was the commander of a cell in a terrorist network led by Toni Togar, currently serving 20 years in a North Sumatra prison for his involvement in the 2003 Marriot hotel bombing in Jakarta, and as such, "is free to decide on targets."

Fadli reportedly met with Toni in prison while serving time for his involvement in the 2003 Lippo Bank heist in Medan, in which two bank employees were killed. Fadli was released in July.

The source said the Riau capital of Pekanbaru was Fadli's hometown, and he had surveyed the location, as well as the Sunda Strait, in planning attacks.

"The target was not tourists staying in cottages or hotels, but those on small boats around Mount Anak Krakatau," the source said. "Its like a random target. Whatever tourists they meet, they'd capture."

Comr. Petrus Golose, director of the National Anti-Terrorism Agency (BNPT), told a news conference on Saturday that Fadli was plotting acts of terrorism in Pekanbaru and the Anak Krakatau area, without providing details.

Fadli, who is believed to have been a courier for slain terrorism suspect Noordin M Top, is also suspected of plotting to attack a prison in Pekanbaru in the hope of capturing the chief warden to exchange him for Toni's release.

Police had been searching for Fadli in connection with the Aug. 18 heist of a CIMB Bank in Medan in which an officer was killed.

Fadli, said to also be connected to terrorist networks in Malaysia and Southern Thailand, was caught in Johor, Malaysia, with two handguns that he said he had planned to smuggle into Indonesia. He is believed to have already smuggled in five guns.

Meanwhile, two bombs found near Yogyakarta last week shared unique traits with a bomb found in the camp of an outlawed armed group in Aceh, a separate police source has said.

The bombs were found separately in Central Java and Yogyakarta on Wednesday. Neither detonated. Police said one had a faulty timer, and the other was defused.

"We are very sure that these bombs were part of a terrorist plot. The composition of the bombs resembles that found in the militant training camp in Aceh," said the source from the National Police's Gegana bomb squad. He said both used aluminum detonators of the same size and form, tipped with white cement.

On Friday, police arrested a man in Bima, on the island of Sumbawa. The man, identified only as AH or MJ, is suspected of helping finance the training camp in Aceh by sending Rp 20 million ($2,200) to a man named Ubaid, also known as Luthfi Hudairoh, currently on trial for his alleged role as an organizer of the Aceh camp.

Slow Indonesian Bashir prosecution raises doubt about case

Jakarta Globe - December 5, 2010

Heru Andriyanto, Jakarta – Firebrand Muslim cleric Abu Bakar Bashir has been detained for four months, but his trial on charges of funding a terrorist training camp in Aceh seems to be getting no closer to opening.

The Attorney General's Office over the weekend returned his files to the police for "improvement." The files are needed by the prosecutors to prepare the indictment against him. "We have examined the documents but we returned them to police and told them to improve their case," AGO spokesman Babul Khoir Harahap said.

The conclusion, Babul said, was reached at a meeting held at the AGO's general crimes unit last Wednesday to examine the case. "We returned the documents to the police's antiterror unit, Densus 88, and we gave them two weeks to complete the documents," Babul said.

The slow investigation against Bashir appeared to back some people's suspicion that the police did not actually have strong evidence to slap terror charges on the elderly cleric, the attorney for Bashir said on Sunday.

"If police really had a case against Bashir, supported by convincing evidence and testimony, he would have been tried in his first month in detention," said his lawyer, Achmad Michdan.

"This case has been controversial since the beginning, because the arrest of Bashir was conducted in a way that went against principles of human rights."

Bashir was arrested in a daylight ambush by the antiterror unit on his vehicle convoy in West Java on Aug. 9.

He was suspected of involvement in the paramilitary training of an armed group in Aceh, illegal possession of arms, providing a shelter for wanted terrorist suspects and concealing information about perpetrators of terrorism.

He was charged under the anti-terrorism law, which carries the death sentence.

Police have said Bashir harbored Dulmatin, also known as Joko Pitono, thought to have been one of the masterminds of the 2002 Bali bombings that killed 202 people. Police killed Dulmatin in a raid earlier this year.

Bashir, 72, was first arrested in the wake of the Bali bombings and stood trial for treason and immigration offenses, amid growing suspicion that he was the spiritual leader of the shadowy terror group Jemaah Islamiyah, said to have links with Al Qaeda.

The court acquitted him of treason but found him guilty of the immigration offense. After serving 20 months of his three-year sentence, Bashir was released thanks to sentence cuts awarded by the government.

He was immediately rearrested on charges of involvement in the nightclub bombings on the resort island and the 2003 suicide bombing at the Marriott Hotel in Jakarta, and sentenced to two and a half years for conspiracy in the 2002 Bali bombings. He served two years.

Bashir runs a Muslim boarding school near Solo, Central Java, and is the founder of Jama'ah Ansharut Tauhid which advocates the imposition of Islamic Shariah law in the country.

Densus 88 involved in Malaysia terror arrest as East Java bombs found

Jakarta Globe - December 2, 2010

Farouk Arnaz, Jakarta – Indonesia's antiterror police detachment is coordinating with its Malaysian counterparts on the recent capture in Johor of an Indonesian militant suspected of planning an attack in Indonesia, police said on Wednesday.

In a separate incident, police defused two bombs on Wednesday just before they were about to explode in police posts in the Central Java district of Klaten.

In Malaysia, Fadli Sadama was arrested on Oct. 13 while traveling on a bus to the state of Johor with two revolvers in his possession, a source close to the elite Densus 88 antiterror unit told the Jakarta Globe on condition of anonymity.

The 27-year-old suspect is accused of involvement in a violent armed bank robbery in Medan in August and of attempting to smuggle weapons into Indonesia.

"We dispatched seven police investigators to Malaysia on Tuesday to question Fadli Sadama," the source said. "He has told us how the Medan terrorist network under [jailed bombing suspect] Toni Togar... was expanding its capability by recruiting new members," the source said.

Media reports have said Fadli served prison time for his involvement in the Lippo Bank heist in Medan in 2003 in which two bank employees were killed. Fadli had also confessed to smuggling five assault rifles into Indonesia, the source said.

Malaysia's The Star daily reported that Fadli was planning to use the weapons to attack an Indonesian prison holding Toni Togar, believed to be the mastermind of the August Medan bank robbery that left one policeman dead and two guards wounded.

Toni, also known as Indrawarman, is serving a 20-year sentence at Pematang Siantar Penitentiary in North Sumatra for the 2003 Marriott Hotel bombing in Jakarta, which killed 12 people.

Another police antiterror source told the Globe separately that the squad was also closing in on a man living in West Nusa Tenggara who they believed to be involved with the financing of an armed training camp in Aceh linked to hard-line Muslim cleric Abu Bakar Bashir. He declined to give more details.

Meanwhile, Agence France-Presse on Wednesday reported the discovery of two bombs that were placed in separate boxes containing plastic bottles filled with gasoline, at police posts in Klaten.

"When we found them around 8 a.m. today the timers were already on, but our antiterror squad managed to defuse them," National Police spokesman Iskandar Hasan said on Wednesday. No suspects have been named so far.

Freedom of religion & worship

Jakarta police help repel attack on Ahmadiyah mosque

Jakarta Globe - December 4, 2010

Arientha Primanita, Nivell Rayda & Zaky Pawas, Jakarta – A group of about 50 people, dressed in white robes and wielding weapons, attempted to attack an Ahmadiyah mosque in South Jakarta early on Friday morning, but they were chased off with help from police officers.

Firdaus Mubarik, spokesman for the South Jakarta branch of Ahmadiyah, said the congregation was warned by police of the impending attack.

A number of members, along with three police officers, stood guard over the Al Hidayah Mosque off Jalan Ciputat Raya in Kebayoran Lama, South Jakarta. "At 12:37 a.m., 50 people came to the mosque wearing white clothing and wielding sharp weapons like samurai," he said.

Firdaus said the police fired six warning shots, causing the group to scatter. "The whole incident took about 10 seconds. It was recorded on our CCTV."

The footage showed the group was mostly made up of teenagers armed with wooden canes and iron bars. One assailant tried to pick up a rock while another attempted to climb the gates before the pack panicked and fled. Seconds later, police and civilians were seen chasing the mob away.

One man from the group was detained and taken to the Kebayoran Lama Police station. Jakarta Police Chief Insp. Gen. Sutarman pledged firm action against the perpetrators.

The damage from the attack was fairly minor, but pluralism advocates are more worried about what the attack means. "This is proof that intolerance is really happening in the capital," said Ismail Hasani, a researcher for the Setara Institute for Peace and Democracy, which recently released a survey showing that 45.4 percent of respondents from Greater Jakarta wanted the Ahmadiyah, a minority Islamic sect, disbanded.

Mob attacks Ahmadiyah mosque in South Jakarta

Jakarta Globe - December 3, 2010

Jakarta – In the latest example of religious intolerance in Indonesia, a group of unknown people attacked an Ahmadiyah mosque in South Jakarta early on Friday morning.

The sword-wielding assailants smashed the windows of the Al Hidayah Mosque on Jalan Ciputat Raya in Kebayoran Lama and left. No injuries were reported.

Mubarik, spokesman for Jakarta's Ahmadiyah community, confirmed the attack. Police are yet to comment.

In October, a mob of hundreds ransacked and burned down houses, schools and a mosque in Cisalada village, home to 600 followers of the minority sect, which is deemed deviant by many mainstream Muslims.

Last November, a group of conservative Muslims held a rally at an Ahmadiyah mosque in North Jakarta.

Indonesian team to move Ahmadiyah out of Lombok

Jakarta Globe - December 1, 2010

Fitri, Mataram, West Nusa Tenggara – Authorities in West Lombok district have formed a special team to supervise and relocate members of the Ahmadiyah sect, an official said on Wednesday.

M.S. Udin, an assistant to the district chief, said officials meeting on Tuesday evening agreed to set up a nine-man team to deal with the minority Islamic group, whose members were forced out of Gegerung village in Lingsar subdistrict by mainstream Muslims opposed to their beliefs.

Udin said the team would oversee the sale of Ahmadiyah property and make sure the sect members received compensation.

The team will also begin the process of moving Ahmadiyah families. It is currently looking at a proposal to move them to the coastal Sekotong subdistrict. He said the Ahmadis would also be required to report to officials whenever they returned to the village to work their fields.

"It would be impossible to restrict them from making a living by working their own land. Many of them still own land in [Gegerung's] Ketapang hamlet," he said.

"But to be safe, they should report to the [security] coordination post that they are returning to Ketapang – not to live [there], but to work their fields."

"These Ahmadis are still convinced they will be able to return to Ketapang and that there will be no problem," Udin added. "But if residents heard they were back, there would be new problems, destruction of property and more."

Tuesday's meeting of officials was held in Mataram, the capital of West Nusa Tenggara, and was attended by Ahmadiyah leaders, security officials, prosecutors and district heads.

In addition to Udin, the nine-man team will include representatives of the National Land Agency (BPN), the district secretary, head of the district's assets unit, the Lingsar subdistrict chief, the Gegerung village head and security officials.

Zaini Arony, the head of West Lombok district, will meet with the Ahmadis – who have been living in temporary shelters since being chased from their village – – to discuss the relocation plan.

Zauji, the head of the Ahmadiyah's provincial chapter who attended Tuesday's meeting, said the group's members wanted "legal clarity" on the issue of the destruction of their homes and assurances that they would be protected from further violence and intimidation.

"Whatever the decision, it will have nothing to do with the organization. [Officials] will have to deal with the Ahmadiyah members directly," he said. "We will leave it to them to decide."

Zulhair, an Ahmadi who has lived in a hajj transit building in Mataram since 2006, said he wanted to go home. "If I could, I want to return to my house in Ketapang. That is my personal wish."

He said it was difficult for Ahmadis to trust an administration that had repeatedly failed to protect them from attacks.

Many mainstream Muslims view Ahmadiyah as a deviant sect because they believe its members recognize the sect's founder, Mirza Ghulam Ahmad, as the last prophet.

Islam & religion

The rise Of Indonesian atheism

Jakarta Globe - December 5, 2010

Marcel Thee – Embedded within Indonesia's constitution are the following two lines: "all persons have the right to worship according to their own religion or belief" and "the nation is based upon belief in one supreme God."

Placed side by side, it's almost as if those two lines take on a new meaning. Feel free to worship however you choose, but make sure you choose to worship.

However one interprets it, there is no question that inter-religious conflict is on the rise in Indonesia. Recent confrontations over faith have been allowed to turn the ideal of tolerance on its head with violent and ugly results.

And while finding common religious ground among those of different faiths has always been a delicate dance, it seems there are some people who are interested in changing the tune entirely.

In greater numbers than ever before, they are standing up and doing the unthinkable: they are proclaiming that they no longer have any religious faith at all. They are members of a small community of non-believers, otherwise known as atheists, and it seems that many of them are no longer content being silent.

More and more Indonesian non-believers are taking a stance against what they perceive is an archaic and repressive system.

Of course, this being Indonesia, these outspoken non-believers are still relatively few and many choose to mull their rational queries quietly in their own minds rather than submit themselves to becoming outcasts and freaks in their own neighborhoods, communities and even among their own families and friends.

Still, despite the overwhelming odds, the rank of non-believers is growing – largely thanks to the Internet which offers an anonymous meeting place where non-believers can gather without the fear of reprisal.

By utilizing social networking tools such as blogs and Facebook groups, Indonesian non-believers are discovering that there is a considerable amount of like-minded people in the country.

Some of these social networking-based collectives include Indonesian Atheists, Indonesian Freethinkers and Indonesian Atheist Community, just to name a few.

Most of the Web sites are run by outspoken, young men who do not shy away from letting it rip with some of the most lively and heated discussion boards on the Internet.

Most of the sites also have a fair share of scholarly articles on topics related to atheism and like-minded beliefs including universalism, existentialism, agnosticism, and the like.

Whatever you call it, the sheer number of people visiting these sites indicates that they have become a gathering ground for all sorts of people and opinions, most of which fall squarely into the less-than-conventional category by Indonesian standards.

Graduate School student Karl Karnadi is a 27-year-old non-believer who co- founded the online community Indonesian Atheists and has become an outspoken proponent of atheism. After two years of existence, his online group has more than 400 members.

Karl explained the process of building an online community as a means of "survival" for Indonesian non-believers, calling his site "a safe haven."

"We share stories regarding the difficulties and discrimination we face for being non-religious and we support and console each other. The discussions, debates, sharing and learning process that we receive from our community makes us stronger and, therefore, better able to deal with discrimination we face in our daily lives," Karl said.

For Karl, the rules set up by Indonesian establishments are senseless and forceful. He is baffled by laws that make religion a prerequisite to being a an official member of the society.

"One would wonder why we have to be a member of a religion before we can marry. We are similarly forced to choose a religion on our ID cards. By law, we cannot publicly criticize a religion or religious beliefs in general," Karl said. "I refuse to submit to such restrictions which I view as a clear violation of my human rights."

Qosbil Alc, who co-founded Indonesian Atheists along with Karl, said he holds no personal disdain for religion or religious groups. What he dreads are fundamentalist groups' increasing hold on the country.

"I regret the existence of those fundamentalist groups who, since the Reformation Era began 12 years ago, have increased their influence on the country's politics," he said.

Like most Indonesian non-believers, both Karl and Qosbil had religious upbringings. Karl was raised in what he refers to as "a very religious" Christian household, while Qosbil came from an "un-harmonious" Muslim family.

"At some point in my life I began to read a lot about science, skepticism, rationality and about the many diverse types of religions in the world. What I found out was that, while there are many religions out there, they all basically consist of the same dogma and teaching that says you should not question anything that religion tells you," Karl said.

Qosbil said that prior to the worldwide spread of social networking Internet sites like Facebook, he had to endure the baffled queries of family members and friends who considered him a Muslim but did not understand why he never went to the mosque on Fridays or took part in fasting.

Rizky Tanuwijaya, 22, is an active member of various online communities including Indonesian Atheists. He fancies himself an existentialist, which means he does believe in a spiritual god but does not consider himself a "pure atheist."

Raised as a Hindu, Rizky found himself unable to stop questioning his faith as he grew older. "When I was a child, I was taught ancestral beliefs, which consisted of worshipping Bodhisattvas and the like," Rizky said.

Once he discovered books written by the likes of Christian existentialist Soren Kierkegaard as well as Jean Paul Sartre, Nietzsche and Jacques Derrida, Rizky decided to put his religious days behind him.

To say the least, spreading the word is an uphill battle. Even a cursory glance at the message board of any of the online community shows that for every intelligent back-and-forth or urbane discussion, there are 10 posts that defame, threaten and insult.

Karl understands where such derision for atheism springs from, and he is out to face it head on. "Religion in Indonesia is definitely on the rise. There are even movements to make Indonesia a country of Sharia law," he said.

Karl argues that those who think that religious teaching is the solution to all problems are wrong. He claims that all one needs to do is look at the recent tension between Christian and Islamic factions in Jakarta.

According to Karl, the incorporation of religious law into the government (which includes the Anti-Pornography Law and many Sharia-inspired regional laws in various provinces and cities) would "exacerbate the religious tension between Muslims and non-Muslims."

For Karl, the issue goes back to the danger of bowing down to religion- based laws which "lead the country to a system of deluded policy making."

Karl said his main fear is that public policy will one day be made based not on fact, but on blind obedience to holy scriptures. "That is a great danger to Indonesia that all of us have to prevent."

For Karl, Qosbil and the other non-believers and alternative-thinkers, living in a religious country like Indonesia will never be without its challenges. But they also all firmly believe that the benefits of being an atheist in Indonesia outweigh the hardships of being considered outcasts.

"The reality is, the more you learn and question things, the harder it becomes to believe in religious dogma," Karl said. "One can choose to believe in something because they were taught to believe in it. But I choose to keep questioning things because I want to progress. This is my path to a happy life."

Regional autonomy & government

Immunity clause for Indonesian governors met with skepticism

Jakarta Globe - December 7, 2010

Camelia Pasandaran, Jakarta – Governors from across the country are seeking immunity from prosecution over any policies issued by their administrations, but critics warn the move could be a misguided one.

Speaking at a summit of the governors' association in Bandung, West Java, Jakarta Governor Fauzi Bowo said on Tuesday that the group wanted the immunity clause included in an amendment of the 2004 Regional Administrations Law.

"This relates to legal problems over authoritative discretion, in that some governors have been sued over policies they issued," he said. "Several recommendations or policies, including those issued in gubernatorial decrees, are considered to favor certain parties. The fact is that they don't, but then they get followed up with reports and lawsuits that end in criminal charges."

Fauzi added the call for immunity was made to ensure that administrative policies "are viewed proportionally."

However, Home Affairs Minister Gamawan Fauzi said the immunity should not be applicable in the case of policies from which the governors had clearly benefited personally. "Policies issued to enrich oneself or others are purely wrong."

Muhammad Mustafa, an expert in white collar crime from the University of Indonesia, told the Jakarta Globe that an official should not face criminal charges for any policies unless they caused state losses. "However, there should be a certain standard to define it, otherwise various regional administrations will set up their own definitions," he said.

He added that policies that helped improve public services should never be used as grounds to charge a governor. "When public service gets better and the obstacles to that service are eliminated, the governor should not be sanctioned for the policy behind it," he said.

Arif Wibowo, a legislator from the Indonesian Democratic Party of Struggle (PDI-P), criticized the immunity proposal.

"There are policies that go against the Constitution and laws, and policies that abide by them but still benefit certain parties," he said. "For instance, handing out money from the regional budget to the needy might be good and considered a public service, but if it happens during campaigning for regional elections, it's plain wrong."

He added that granting the governors immunity would only allow them to act irresponsibly. "If a policy goes against the law or the Constitution, the governor that issued it must be punished," Arif said.

He said the House of Representatives would likely reject the proposal once it started deliberating the amendment to the 2004 law.

New order-style elections for Indonesian governors get 2nd look

Jakarta Globe - December 6, 2010

Armando Siahaan, Jakarta – Critics are wary of official discussions that could see an end to direct elections for governors, who would instead be appointed by regional legislatures, the same system that was used during the three-decade rule of authoritarian President Suharto.

President Susilo Bambang Yudhoyono and Jakarta Governor Fauzi Bowo were among the officials discussing the possible return of that New Order system. Since the implementation of the 2004 Regional Governance Law, heads of provincial government have been elected directly by voters.

"Most of the governors believe that democratic elections are possible via the legislative councils. It has become a matter of efficiency," Fauzi said.

Hadar Gumay, chairman of the Center for Electoral Reform (Cetro), said on Sunday that returning to the old system would revive a number of problems. "The results of such elections were often not in line with the wishes of the people," he said.

Hadar said allowing provincial legislative councils (DPRDs) to elect governors would make governors beholden to the councils, resulting in policies that benefitted lawmakers more than the people. "In the past, many of those elected by the DPRD were oriented toward the short-term interests of the lawmakers," he said.

Direct elections, he added, were more effective in curtailing money politics, or the buying of support, which he said remained a major problem. "With direct elections, the candidates would have to pay hundreds, thousands or even millions of voters," he said. "While a DPRD election would allow them to hand over money to just dozens of DPRD members."

In the long-term, limiting people's participation in gubernatorial elections could hinder their wider interest in politics, which could result in low voter turnout in other elections, he added.

Taufiq Hidayat, a Golkar Party legislator, has warned that indirect elections could lead to regional political oligarchies. Some provinces are strongholds for particular parties, he said, and a return to the old system would again give these parties unchallenged dominance.

The policies of such provinces could then be controlled by party leaders at the national level, he said, damaging the spirit of regional autonomy. "If you want the people to care about politics, you have to make as much room as possible for public engagement," he added.

Ganjar Pranowo, deputy chairman of House of Representatives Commission II, which oversees home affairs, said allowing provincial legislative councils to elect governors should only be considered under certain conditions.

"It should only be allowed if the government gives a limited amount of responsibility to governors, such as coordinating district heads or mayors," the Indonesian Democratic Party of Struggle (PDI-P) lawmaker said. "And only when the concept of regional autonomy is district or city heavy, and not provincial heavy."

The government is preparing an amendment to the 2004 Regional Governance Law, including regulations on the extent of a governor's authority.

However, Ganjar acknowledged there were still flaws with the current system of direct elections. "It was assumed back then that direct elections would mean less money politics," he said. "But as we see, bribery still takes place in many forms."

He proposed tighter regulations on direct elections. "First, there must be a limit to how much each candidate can spend for a campaign," he said. But more important, he said, is that the nature of campaigning must be changed so that there is less focus on street rallies and billboards and posters.

Instead, he said, campaigns should focus on debates among candidates, organized by election bodies such as the General Elections Commission (KPU), on regionally relevant issues. He also recommended tougher prerequisites for candidates.

In August, Home Affairs Minister Gamawan Fauzi mooted the idea of having governors elected by regional lawmakers. He argued that more and more regional power had devolved to district heads and mayors, and that gubernatorial elections cost more than they were worth.

Yogyakartans amass in show of resilience

Jakarta Post - December 6, 2010

Slamet Susanto, Yogyakarta – Thousands of Yogyakartans assembled on Sunday along the famous Jl. Malioboro in a mass gathering symbolizing their resilience in the face of the destruction brought upon them by Mount Merapi's weeks-long dose of epic volcanic eruptions, and to show they were ready to receive tourists again.

The street was closed down for the gathering where hundreds of tumpeng (a cone of rice served with side dishes) were laid out on a 1-kilometer stretch of road as a symbol to God of their appreciation for being given the strength to endure the disaster.

Yogyakarta Governor Sultan Hamengkubuwono X said in his speech at the event that the Yogyakarta people's togetherness and cooperation were the key to bouncing back.

"With togetherness, let's face a better life in the future. Yogyakartans' togetherness is the main factor of revival," said the sultan, who has been in the public spotlight of late following the government's plan to pass a bill on the special status of Yogyakarta that would put an end to the monarchy's current entitlement to the governor's seat.

The Sultan said it was important for Yogyakartans to quickly resume their normal activities.

Yogyakarta Mayor Zudianto said the provincial administration would allocate a bigger budget for promoting tourism, which was badly hit by the eruptions, which killed more than 300 people.

The gathering itself, he said, was supported by the public and private sectors, especially those involved in tourism.

Recent reports showed that tourism accounted for more than 50 percent of the administration's revenue, especially tourism in Sleman regency and Yogyakarta municipality. Tourism also fuels other sectors, such as the handicraft sector.

The Yogyakarta branch of the Association of Indonesian Economists estimated the eruptions had caused Rp 5 trillion (US$555.5 million) in losses, including damage to infrastructure and public buildings and the fisheries and tourism sectors. Yogyakarta's Adisutjipto International Airport was closed down for days due to the eruptions.

After praying together, Mayor Herry asked the people to eat the tumpeng. "By having a meal together we show that we are united in facing any conditions," he said.

Abdul Azis, a Maluku student at the Gadjah Mada University, said activities in the city had returned to normal. "It's safe now, no more volcanic ash," he said.

Meanwhile, Ngatilah, a 57-year-old villager of Bantul, expressed hope that "Yogyakarta would still be normal and remain prosperous just like before the eruptions".

Many people brought home the tumpeng for their families. "This tumpeng was blessed. I will bring it home so that my family is also blessed," said 49- year-old housewife Sri Mujiyati.

Mud floods in the city caused by thousands of tons of mud washed down from the slopes of Merapi by heavy rains forced the authorities to close down the Muntilan-Yogyakarta road at 12:30 p.m. on Sunday, but it was reopened three hours later.

Magelang Regency disaster mitigation agency head Eko Triyono said people living along the city's rivers should stay alert to the possibility of flooding, Antara news agency reported.

The alert status of Mt. Merapi was lowered late Friday, but authorities have repeatedly warned those living on the slopes of the volcano to remain alert.

Government insists on elections for Yogya

Jakarta Post - December 3, 2010

Erwida Maulia and Yuli Tri Suwarni, Jakarta – In the name of democracy, the government is pushing for direct elections of the Yogyakarta governor, disregarding grievances among those determined to retain the special status of the sultanate.

Stepping out from a Cabinet meeting on Thursday afternoon, Coordinating Political, Legal and Security Affairs Minister Djoko Suyanto said the head of the local sultanate would be given special privileges, except automatic appointment as governor.

"The Constitution mandates that a governor, as the head of an administration, is elected democratically," Djoko said Thursday at the Presidential Office.

Djoko's statement added to the uproar over the issue, hours after the President attempted damage control with his "clarification". Djoko added that executive leaders were bound by principle of accountability, thus should be elected by the people.

Under the 1965 law granting Yogyakarta its special status, the heads of the royal houses of Hamengkubuwono and Pakualam are appointed directly by the President as governor and vice governor respectively every five years.

The government wants to amend the law and is finalizing a draft to be proposed to the House of Representatives. The move to amend the law began in 2003 through an initiative by the Yogyakarta legislature. The government then proposed a draft amendment to the House, but only to face deadlock in 2007.

The new draft will include a proposal for the establishment of the Parardhya institution to accommodate the interests of the monarchy. Its members will include the heads of the royal houses of Hamengkubuwono and Pakualam, who will be granted special privileges such as immunity and a veto on gubernatorial candidates.

Speaking before Sundanese nobility in Bandung, West Java, on Thursday, Sultan Hamengkubuwono X said he himself did not support the institution because privileges could revive the old royal system and also contradicted the Constitution.

"If I was involved in graft, I could not be arrested and tried, and this violates democracy and the Constitution, which guarantees the rule of law," he said. He stressed that the sultanate should have privileges, but refused to comment on the government's plan.

"Stop provoking me... Enough!" the Sultan shouted at reporters in Bandung. He said the public could decide by referendum whether the governor of Yogyakarta should continue to be appointed or be directly elected.

President Susilo Bambang Yudhoyono said in a speech earlier in the day that he wanted the bill to be passed into law before the Sultan's term ended in October 2011.

The Sultan, who has served as Yogyakarta governor since 1998, in 2007 expressed his willingness step down from his post as governor, but decided against it after the President granted him a three-year extension in a bid to buy time for the planned amendment.

Yudhoyono said Thursday the bill on the special status of Yogyakarta was crucial to addressing future problems that may emerge in any leadership succession in the monarchy.

"As head of state and the head of the government, I believe Sultan Hamengkubuwono X remains the best person for governor and leader of Yogyakarta for the next five years," the President said. However, he added, the possibility for direct elections should remain open, pending the outcome of the deliberation of the bill at the House.

Indonesian governors vote for no more elections

Jakarta Globe - December 3, 2010

Camelia Pasandaran, Bandung – Many of the nation's governors have agreed that the people shouldn't get the chance to vote them into – or out of – office, saying regional legislators should decide who occupies the posts.

Jakarta Governor Fauzi Bowo, who presided over a meeting of the Association of Provincial Administrations (APPI) on Thursday, reported that of the 22 governors attending, most held the opinion that their positions should be filled by appointment from local lawmakers, and not by direct election.

Deputy governors and provincial secretaries represented the other 11 provinces.

Early in the reform era, governors were appointed by local legislators. But the 2004 Regional Governance Law, passed to encourage decentralization, mandated direct regional elections. Governors, district heads and mayors are now all elected by public vote, but budget strains, vote buying and legal disputes remain major problems.

"Most of the governors here believe that democratic elections could be done via the legislative council. It has become a matter of efficiency," Fauzi said. The governors only expressed this opinion through a discourse. There has been no official vote.

A push by some members of the House of Representatives to do away with direct regional elections was exacerbated recently by the open question of Yogyakarta's regional officials, who have traditionally been appointed by the sultan of the special province, who himself has a hereditary right to governor's seat.

President Susilo Bambang Yudhoyono said on Friday that direct elections were good for Indonesia, but also brought problems. "We are discussing the possibility of using direct elections only for the presidential and vice presidential elections, as well as for district and deputy district heads. For governors, it would not be by direct election. But this is just talk so far," he said.

The other alternative, according to political experts, is to retain direct elections but simplify the system.

The governors also voted to give themselves the authority to sanction regional and district heads who did not comply with central government policies. Until Thursday's meeting, only the courts could compel districts or cities to enact, for example, the government's poverty-reduction programs.

Secession? Yogyakartans talk divorce with traditional status under threat

Jakarta Globe - December 1, 2010

Candra Malik, Yogyakarta – In their own unique way, the people of Yogyakarta, an ancient Javanese cultural hub, expressed on Tuesday their resistance to the government's efforts to require gubernatorial elections in an area where the local population wants the sultan to automatically become governor.

Stickers calling for a referendum began to make their appearance on buses, rickshaws, horse carriages and the walls of houses and buildings on Tuesday.

One sticker reads "Volunteers for a referendum" with a picture of the sultan's traditional soldier, while another reads "The people of Yogyakarta are ready for a referendum."

"We're also handing out these stickers to people driving on the road and anyone who passes by," said Inung Nurzani, one of the volunteers distributing the stickers.

"It's the form of our resistance against the president's statement that Yogyakarta runs a monarchy. The referendum movement is to support the sultan being appointed automatically as governor of Yogyakarta."

On Twitter, Marzuki Mohammad, a documentary film director in Yogyakarta, uploaded a graphic artist's rendition of a Yogyakarta passport to draw public attention to the tension between President Susilo Bambang Yudhoyono and Sultan Hamengkubuwono X, king and governor of Yogyakarta.

According to Marzuki, the Yogyakarta-style passport was a creative form of community resistance against the hegemonic power of Jakarta.

"President Yudhoyono apparently showed a political desire to deny the agreement that has been inked by Sukarno and Sultan Hamengkubuwono IX. For us, it's just like the president is offering a divorce and we are not afraid of that threat," he said.

He was referring to the country's founding president and the current sultan's father who threw his full support behind the republic in 1945. Yogyakarta served as the young republic's capital when the Dutch reoccupied Jakarta during the independence struggle in the second half of the 1940s.

In recognition of Yogyakarta's support for the struggling young republic, Sukarno gave the city the rank of a special province, a status which made the sultan governor of the province for life, with the head of the princedom of Pakualam, which is part of the Yogyakarta sultanate, as his deputy.

The debate on whether the sultan automatically becomes the governor erupted when Sultan Hamengkubuwono IX died in 1988.

Vice Governor Paku Alam VIII became governor and at his demise, Sultan Hamengkubuwono X became governor but only through an election which caused an uproar in Yogyakarta at the time. The sultan overwhelmingly won the governorship and his term is due to end in 2011.

Butet Kartaredjasa, a senior actor known for mimicking the presidents of Indonesia, said he felt comforted by the Yogyakartan's way of voicing opposition.

"It's our style to keep appearing witty and funny in face of the harsh political issues and the disrespect from the president. We are not afraid of the president, but we also would not scare him. He just needs to know that we already have a passport design," he said.

Sitok Srengenge, an internationally-renowned poet living in Yogyakarta, said that if the president wanted to make a political decision, then he had better ask the people first. "His personal opinion cannot be imposed on the people. Moreover, having the sultan as the governor is the will of the people. It's democratic."

Agus Noor, a creative writer, pointed out that like most Yogyakartans, he abides by the local saying of "Pejah Gesang Nderek Sultan" or "Following the sultan, alive or dead."

Franz Magnis-Suseno, a prominent sociologist and political analyst who lived for a long time in Yogyakarta, said that it was important to preserve Yogyakarta's tradition.

"We probably should leave it to the authorities in Yogyakarta to find out what the people there want," he said, adding that decisions should not be made "unilaterally."

However, he said that while the people of Yogyakarta have to preserve their sense of unity under the sultan, his leadership may not necessarily be in the form of the governorship.

At the center of the debate is whether the government will agree to the Yogyakartans' demand that the law automatically grant the sultan the gubernatorial seat. If it does, however, the law would be inconsistent with higher laws that require all governors, like other administrative heads, to be elected.

[Additional reporting from Ismira Lutfia & Kinanti Pinta Karana.]

Legislation & parliament

House divided over an ethics shake-up that was anything but major

Jakarta Globe - December 2, 2010

Anita Rachman, Jakarta – House of Representatives leaders on Wednesday defended what critics said was a half-baked revamp of the body's widely derided Ethics Council, saying that factions were within their rights submitting old or new names to represent them at the council.

The House leaders had promised to change the membership of the council, which has been plagued by infighting and criticized over overseas trips.

However, only the Indonesian Democratic Party of Struggle (PDI-P) replaced its two members in the council. The other parties only partially changed their representatives or simply retained them in their positions.

"The policy [decided during a meeting of House leaders last week] was that all Ethics Council members were to be sent back to their factions, and then it was up to the factions whether or not they wanted to install new members," said Anis Matta, secretary general of the Prosperous Justice Party (PKS), which opted not to replace its sole representative at the council.

On Tuesday, the PDI-P pulled its two new lawmakers from the Ethics Council, Muhammad Prakosa and Sri Rahayu, telling them to skip all of the council's meeting until the other factions installed new representatives.

The Golkar Party only replaced one of its two members while the ruling Democrats replaced one of three. The four parties with one member each – the PKS, the National Mandate Party (PAN), the United Development Party (PPP) and the National Awakening Party (PKB) – simply reinstalled their previous representatives on the council.

Anis said the problem had been resolved since all parties had agreed to pull back their council representatives and put forth new names to replace them.

Priyo Budi Santoso, a deputy House speaker from Golkar, said the parties had abided by the House leaders' decisions concerning the council "It is up to the factions to forward names," he said. "We are sure that the people sent to the council are the best."

Pramono Anung, a PDI-P House deputy speaker, said he would suggest to the House leadership that they ask all of the factions to install all-new representatives on the council.

Anis said he believed the new membership of the council was now final and, if need be, the council could work without the PDI-P's participation. Golkar lawmaker Nudirman Munir, the council's deputy chairman, also said the council could work without the PDI-P.

Nudirman headed a team of seven of the council's nine members in a much- criticized visit to Greece to learn about "ethics," including whether smoking was allowed in the Greek Parliament. Criticism grew even louder after it was revealed the team had spent two days without work in Turkey on their way back.

Jakarta & urban life

Jakarta biting its tongue over food-stall tax

Jakarta Globe - December 4, 2010

Arientha Primanita – Following howls of protest from consumers and vendors alike, the Jakarta administration distanced itself on Friday from a plan to impose a 10 percent tax on food stalls in the capital.

Governor Fauzi Bowo said on Friday that he had instructed the city tax office to review the regulation before enacting it, a move likely to slow implementation to a crawl. He said more study was needed. "I want the policy to be reviewed before imposing it," Fauzi said. "I don't want to make a decision that hurts the little people."

Arif Susilo, the head of the regulation division at the tax office, said it would consider adjusting the income limit higher in order to exempt wartegs (small vendors) from the tax. "We will discuss the right formula and report back to the governor," Arif said.

Public protests quickly mounted when news broke on Thursday that the tax hike would hit the collective lunch box by January. City officials had reasoned that food vendors were part of the city and should pay their share. Vendors countered that they were working hard just to scrape by and the new tax would be an unfair burden.

"My regular customers are construction workers. If I were to raise the prices, where would my business go? To be honest, I am confused as to why they would impose a tax on a food stall like this," Darnawi, a warteg operator, said on Thursday.

The tax would apply to any warteg with annual income of Rp 60 million ($6,660), as well as restaurants, cafes, bars and small catering businesses. The measure is now with the Home Affairs Office on its way to becoming a bylaw after the council endorsed it.

Arif said the city would still look for tax potential from small caterers. "We will make exceptions for small-level catering services as we are still studying the matter," he said.

Triwisaksana, deputy chairman of the City Council, said the policy needed careful study because food-stall customers were mostly middle- to low- income people and the stalls already faced "non-formal" levies in the form of street-level bribes. "The City Council will review the bylaw before implementation," he said. "But we will try to find legislation to make it easier on stall owners."

Triwisaksana said there were more than 20,000 wartegs here that would be affected. "I think most of them can reach up Rp 5 million in income per month. That means the tax would really affect them and the consumers," he said. Husna Zahir, the head of the Indonesian Consumer Protection Foundation (YLKI), called the policy "anti-people."

Eating, she said, is a basic need and in this case, wartegs are a necessity for a great many people. "What is the basis?" she said. "Food stalls don't even have clear financial accounting practices."

Husna said the city could better raise tax revenue by improving collections from high-end restaurants. "Don't burden people with policies that hurt their daily livelihood," she said.

Film & television

On the prowl in Jakarta after dark

Jakarta Globe - December 7, 2010

Rain Chudori-Soerjoatmodjo – "Belkibolang" is a compilation of nine short films and collected scenes created by young, up-and-coming Indonesian directors. The title – a slang abbreviation for a common phrase used to describe Jakarta traffic, "Belok kiri boleh langsung" ("If you want to turn left go directly") – is meant to evoke the endlessly wide open and roundabout nature of the compilation's overarching theme, Jakarta at night.

"The project started when Rico Marpaung made 'Planet Gajah' and Saleh made 'Full Moon,' and I suggested we weave them into a bigger film under the theme nighttime in Jakarta," said Meiske Taurisia, one of the producers behind "Belkibolang."

The compilation film premiered at the 12th Jakarta International Film Festival last week and is scheduled to be screened at several international festivals.

The short films are all set during a single hot Jakarta night. Each short features an interaction between two characters and focuses on the strange situations one might get into while prowling the city after dark.

As a subject, the Jakarta night is vast, yet these microcosmic slices of the capital serve as the only string that connects all nine short films.

The directors were all free to offer their own interpretation of the capital at night, a freedom that resulted in more than a fair share of gritty, humorous and surprising scenes.

The shorts are arranged in a way that attempts to offer a seamless flow from one director's vision to the next. However, while some scenes stand out, others falter by not being that memorable. As a result, the film's flow occasionally founders.

The overall film tends to be at its best during shorts that capture the countless possibilities of a night in Jakarta. During these scenes we can feel the intensity of the connection between the characters and the city.

"Belkibolang" starts with Agung Sentausa's "Payung," a beautiful short depicting a walk in the rain shared by a man and a little girl.

The man is working class, tired and focused on the crushed cigarettes in his pocket; the girl works as an ojek payung (umbrella jockey), her hair wet, her clothes thin and clinging to her body and her skin tanned a deep brown from the sun.

During the pair's short walk we can see the juxtaposition of the two characters – the preoccupied man and the poor but happy girl.

The yellow umbrella acts as a roof connecting them both. The scene unfolds with a nice rhythm, though the short has a few minor editing flaws.

It has no dialogue, but a tinkling melody and the sound of the skips the girl takes through the puddles provide enough warm-hearted atmosphere to wash away the perpetual rain.

In "Mamalia," Tumpal Tampubolon successfully delivers perhaps the most unhinged short of the entire film.

It starts with a man vigorously suckling on a woman's breast until, unexpectedly, he passes out. The woman then rifles through his pockets, stealing his money and wallet.

From this simple plot, Tumpal is able to expand the short into a highly unusual exploration of raw human lust and spontaneity. "Mamalia" develops from a humorous look at the stupidity of animalistic desire to depicting the happiness of a mother and her daughter.

The segment closes in a captivating manner, with the innocent sound of a child singing in the night.

In "Tokek," Anggun Priambodo opts for the quiet of the night. The short opens with a man named Edwin watching a soap opera on television while working on his laptop and phone.

His wife sleeps peacefully on the bed beside him. Suddenly, there is a blackout. As the heat rises, so does Edwin's boredom.

We see him wandering around the dark room, calling his friend and speaking with slow, slurred disinterest and, later, eavesdropping on his neighbors making love. We see how the blackout brings into focus all the restless, repetitive and unimportant things we do in our lives.

The acting is natural and comforting and the plot is simple, but real enough to speak on different levels. Anggun closes the segment with an unexpected twist that acts as a wink and a nod toward the mundane nature of modern life.

Edwin's short, "Roller Coaster," starts in a hotel room with a man and woman splayed out on the bed.

The two, seemingly out of boredom, start playing with their saliva. The atmosphere is not at all erotic or suggestive, and we can sense the comfort level the two characters have in their relationship.

The woman confesses the real motive for bringing them there, and suggests that they undress and see each other nude, for in their long years of friendship this has never happened.

And so, the two friends blindfold each other and undress, the man clumsily feeling for the woman's buttons, and the woman scolding his blundering hands.

"Roller Coaster" offers a fresh look at the vulnerability and awkwardness of the naked body and the curiosity and longing we all know too well.

The segment plays out slowly and beautifully, carried along by the character's uncertainty. The theme of Jakarta at night shows the possibilities that can be achieved by examining small slices of humanity and life.

These filmmakers have captured a Jakarta that is often overlooked – a silent Jakarta, a forgiving Jakarta, a beautifully boring Jakarta that offers up a soft, poisoned breast.

It's these tales of happy prostitutes and naked friendships and lights that die out slowly that make us realize that, for all the hardships of living here, we will be happy to witness another sunrise in this sea of humanity that is Jakarta.

Judiciary & legal system

Experts call for transparency in judiciary

Jakarta Post - December 4, 2010

Jakarta – The Supreme Court and the Attorney General's Office (AGO) should administer better information systems to disclose online statistics of cases they handle to pave the way for judicial reform, experts say.

Both institutions are deemed to have failed to provide comprehensive facts and statistics on cases they handle across the country. They provide data on their websites, but experts doubt it could be used as barometer to assess whether the justice system works, or if it is even capable of providing basic legal services.

They argued that without public awareness of the court system, including its strengths and weaknesses, which can only be obtained through the provision of a comprehensive information system, the judicial system is less likely to improve.

"The lack of availability of reliable statistical judiciary data, especially coming from the two institutions, has hampered the transparency of judicial processes," Judicial Data Center representative Astriyani said during a seminar on Justice Statistical Data Utilization in Policy Making on Monday.

The Judicial Data Center, along with the National Development Planning Ministry and the Indonesia-Netherlands National Legal Reform Program, launched two books on Law Enforcement Statistic 2007 and 2008 to provide a better picture of the Indonesian judicial system.

The books disclose nationwide facts and statistics on the execution of the duties and the authority of the courts, the AGO and the Corruption Eradication Commission (KPK). The information includes cases and investigations, as well as public complaints. The books also contain human resources statistics.

The team of authors behind the books found that information they collected sometimes did not add up. They found data inconsistencies coming from official sources caused by poor reporting mechanisms.

For example, they found that a number of indictment cases from the AGO did not match the trial numbers from the Supreme Court.

Information on court rulings can be used to study the quality of a verdict and its social, economic, cultural and psychological effects on the public, while information on trial processes can be used to monitor the quality of a trial.

Currently, only the Constitutional Court released its hearings sessions to the public and uploaded them on their website. They also logged case statistics on their website, www.mahkamahkonstitusi.go.id.

The KPK, on the other hand, has also disclosed its cases on its website www.kpk.go.id, including the corruption court's verdicts and case profiles, but failed to present them case by case. The recapitulation of these cases is presented in their annual reports, which can be downloaded from the website.

Information about human resources can be used to monitor the track records of judicial staff members, which in turn could serve to improve their performances, an expert said.

Indonesian Press Council chairman and former Supreme Court chief Bagir Manan said that disclosure of such facts and statistics was important for internal assessment of performance and budgeting.

"Therefore, no budget would be wasted and there wouldn't be budget shortages," he said.

Director of law and human rights at the National Development Planning Ministry (BAPPENAS) Diani Sadiawati shared the same view. "Their data input management even for themselves is dreadful, let alone disclosing data on a website. One of the challenges is how to use the data that is actually there," she said.

The Supreme Court and the AGO handle more than 50,000 cases nationwide each year, compared to the KPK, which investigates around 40 cases a year. However, this was not an excuse, experts said.

Former KPK deputy chief for 2003-2007 Amien Sunaryadi said that the KPK had successfully reformed its information system by providing for good human resources and good information technology (IT) people.

"The initiative came from us. Therefore, regardless of the huge number of cases compared to the KPK, both the Supreme Court and the AGO could always use the same approach in reforming their systems," he said.

Former Constitutional Court chief of justice Jimly Asshiddiqie emphasized that good leadership with an excellent sense of management was needed to administer such disclosure.

"The technology is already there; the problem is that no one senses the importance of such information – not to mention many still think there is no urgency in delivering or interpreting such data," he said. (ipa)

'Best of the worst' selected for Indonesian Judicial Commission

Jakarta Globe - December 3, 2010

Anita Rachman, Jakarta – A Bandung professor garnered the most votes on Thursday as the House of Representatives selected seven hopefuls, dubbed "the best of the worst," to sit on the Judicial Commission.

House Commission III, overseeing legal affairs, chose the top seven names out of 14 candidates, and came out with a final lineup.

Eman Suparman, a professor from Padjajaran University, received 51 out of 55 votes from lawmakers. Coming in second was an "unrecommended" Supreme Court justice, Abbas Said, with 42 votes, followed by former legislator Imam Anshori Saleh with 40.

Taufiqurrohman, a former Constitutuonal Court staffer, ranked fourth with 39 votes, followed by academics Suparman Marzuki, Jaja Ahmad Jayus and Ibrahim, who received 38, 37 and 36, respectively.

Those who made the cut will serve a five-year term at the Judicial Commission – which recommends punishments for judges ruled guilty of crime or misconduct – once their nominations are approved by a House plenary.

"This is the best of the worst," said Benny K. Harman, chairman of Commission III and a member of the ruling Democratic Party. "What can we do? The raw materials given by the selection committee are just like that. But the law states clearly that we must choose seven," Benny added. "So, we will still forward seven names for the [Judicial] Commission]."

House Commission III held a two-day fit-and-proper test starting on Wednesday, grilling 14 nominees whose names were submitted by a selection committee formed by the Ministry of Justice and Human Rights. Legislators, however, were not impressed by the crop, with some Commission III members choosing to vote for only four or five candidates instead of all seven.

Earlier in the week, the Coalition for Judiciary Observers (KPP) asked the House to scrutinize four nominees with less-than-shining track records. Among them was Abbas, who was rumored to have amassed an unusually large fortune and a backlog of 600 cases while at the Supreme Court.

Asep Fajar Rahmat, a director of the Indonesian Legal Roundtable, which was part of the observers coalition, said although he was disappointed with Abbas's selection, he understood that the law required someone with a legal background.

Benny, meanwhile, defended the committee's choice, saying Abbas was the only candidate who "had what the Judicial Commission needed". "He knows the workings of a judge best," the lawmaker said. "He has tens of years of experience in the court. Abbas will strengthen the commission."

Nasir Djamil, a Commission III member from the Prosperous Justice Party (PKS), said people should not worry about specific candidates because the Judicial Commission members would work as a team. He said the House would monitor the body to ensure it carried out its responsibilities to oversee the nation's jurists.

Mining & energy

Indonesian businesses fret over subsidized fuel cut

Jakarta Globe - December 2, 2010

Ririn Radiawati Kusuma & Francezka Nangoy, Jakarta – Businesses gave a thumbs down to the plan to cut fuel subsidies revealed on Thursday, with most warning that a ban on cheap gas for all private cars – including for companies – would push production costs up, forcing them to pass the increases along in higher prices for consumers.

"The business sector will bear the brunt of the move," said Sofjan Wanandi, chairman of the Employers Association of Indonesia (Apindo). "Our preliminary assessment suggests that total production costs at Indonesian companies will increase by 1 percent."

He said the distribution costs at Indonesian companies would rise significantly, and that distribution accounted for about 15 percent of total production costs. "That rise will later on be passed on to consumers," he said.

Starting on Jan. 1, 2011, fuel subsidies for private cars would be phased out. Motorists would be prohibited from filling up with Pertamax Premium fuel, which sells for Rp 4,500 (50 cents) a liter, a discount of 45 percent from the Rp 6,500 a liter Pertamax fuel that motorists would have to buy.

Suryo Bambang Sulito, chairman of the Indonesian Chamber of Commerce, Trade and Industry (Kadin) said the subsidy cut would have a visible effect. "Definitely there will be an impact as many cars in the Indonesian companies use subsidized fuel," he said.

He declined to put a number on the economic cost, saying, "on the size of the impact, we have to wait for a response from the association."

Auto retailers will almost certainly feel a direct impact from the move, which is likely to hurt car sales in Indonesia. "We will have to wait and see the effect on sales," warned Dimas Aska, spokesman for Astra International, the nation's largest car distributor.

Dimas said, "the issue will be discussed and analyzed first before company policies are announced." Astra expects to release the first data on the effect on sales in December.

Jefri R. Sirait, general manager of Toyota Rent-a-Car, said that the short-term impact "clearly will affect the customer, but they will slowly adjust to it."

Some 95 percent of TRAC's customers are from businesses such as oil and gas companies. "Our customers have long been switching their fuel consumption [away from Premium] because they are aware that it improves efficiency because they know the quality of each fuel sold in the market," Jefri said.

He voiced optimism that the policy could teach Indonesians to conserve fuel and drive more carefully. "It will make customers more efficient in using cars both in their company and for individual use," he said.

Nissan Indonesia has long anticipated such a move. "In upcoming years, we will largely sell fuel-efficient cars," said Teddy Irawan, the company's marketing director. Nissan hopes to sell 45,000 cars in Indonesia in 2011, up from an estimated 35,000 this year.

But many worry the government's move may cause a short-term inflation spike. "The first impact is to the state budget, but the second is inflation," said Winang Budoyo, an economist at Bank CIMB Niaga in Jakarta.

Bank International Indonesia economist Juniman also warned of a possible increase in consumer prices. "Inflation will rise by between 0.3 and 0.4 points," he said, but noted that level would still be manageable.

Bank Indonesia has forecast inflation of between 4 and 6 percent next year, the same as this year's target. Finance Minister Agus Martowardojo, however, stressed that the subsidy cut had already been factored into the 2011 budget calculations.

Despite the rollback of private subsidies, the government has set aside Rp 95.9 trillion in fuel subsidies for public companies next year, compared with a total of Rp 88.9 trillion this year, Agus said.

[Additional reporting by Shirley Christie.]

Economy & investment

Reporters in ethical hot seat over Krakatau IPO dealings

Jakarta Globe - December 1, 2010

Ismira Lutfia, Jakarta – The Press Council on Wednesday said it could not find evidence that bourse journalists had blackmailed Krakatau Steel in exchange for shares, but they did find that three of them had engaged in what was described as insider trading.

"There have been ethical breaches and professional misconduct by journalists to use their network and information in their attempts to get the shares of Krakatau Steel," Agus Sudibyo, the Press Council's head of ethics and public complaints, said.

The announcement came two weeks after the Jakarta chapter of the Alliance of Independent Journalists (AJI) urged the council to probe allegations that journalists demanded shares from Krakatau Steel in exchange for positive coverage of the company's initial public offering in mid-November.

AJI-Jakarta chairman Wahyu Dhyatmika has said the journalists implicated in the Krakatau scandal had demanded 750,000 shares worth Rp 638 million ($71,000), while another report said they had sought Rp 400 million worth of shares. The Stock Exchange Journalist Forum has denied the allegations, saying they were attempts to defame reporters covering the bourse.

The council said it "so far could not find evidence of blackmailing attempts related to the IPO's coverage by the journalists in question," Agus said. But he said there were reporters who moonlighted as stockbrokers, a conflict of interest that violated Article 6 of the Journalistic Code of Ethics, which says that journalists should not abuse their profession.

He added that the council has summoned all parties involved in the scandal, including the four media organizations whose journalists are implicated in case – Metro TV, online news portal Detik.com, the Kompas daily and the Seputar Indonesia daily.

"The council decided that a journalist of Kompas daily has deliberately attempted to buy the Krakatau Steel shares by using his position and network as a journalist," Agus said, adding that the decision was based on evidence – a BlackBerry messenger conversation between the journalist and the PR firm that handled the Krakatau IPO.

Although the council could not determine if the journalist in question eventually bought the shares, Agus said the attempt already counted as an ethics violation.

Kompas managing editor Budiman Tanuredjo told the Jakarta Globe that the daily "respects the council's decision." He added that the daily has also dismissed the journalist following proof that he had indeed violated the code of ethics. However, Budiman expected that the council would improve its procedure "so that all parties are aware on how the council manage public complaints."

Meanwhile, Seputar Indonesia daily said their reporter had resigned on Nov. 10.

Agus said the council still needs more solid evidence to prove the allegation against a Metro TV journalist, but the news organization has pledged to conduct an internal probe and to issue sanctions if the journalist in question is found guilty.

Bagir Manan, the council chairman, said the council and Metro TV were probing the allegations "cautiously."

Indro Bagus Satrio Utomo, who resigned from news portal Detik.com following the controversy, admitted he had engaged in stock trading and wrote on his Facebook page that he had "no qualms about stating it proud and out loud to everyone."

Analysis & opinion

Torture case tests Indonesia

Sydney Morning Herald - December 4, 2010

Tom Allard, Jakarta – The Australian and US governments have urged Indonesia to bring to justice soldiers who tortured two Papuan men in May, in a case that has emerged as a key test of Indonesia's commitment to the rule of law and the reform of its military.

Ambassadors from the countries – which share a close security relationship with Indonesia – have raised the issue in the past week or so in response to a farcical investigation into the torture, which was captured on video and first revealed by the Herald.

After the video surfaced, coincidentally before the visit of the Prime Minister, Julia Gillard, and the US President, Barack Obama, the Indonesian President, Susilo Bambang Yudhoyono, promised that the perpetrators would soon face trial.

Four soldiers were court-martialled and sentenced to between five and seven months in prison. But it emerged that the men were on trial for an earlier, and far less serious, incident where the unarmed Papuans were kicked and hit with a helmet.

The investigation into the video, which shows Indonesian soldiers repeatedly burning the penis of a Papuan man while he cries in pain, has since stalled, with some senior Indonesian military officials continuing to say that those imprisoned were involved in the torture case.

Australia's chief of mission in Jakarta raised concerns about the case, which was particularly embarrassing for Dr Yudhoyono, given his assurances to Ms Gillard about swift action.

Ms Gillard confirmed the diplomacy yesterday, adding that she was confident Dr Yudhoyono wanted "to see any wrongdoers brought to justice and he's very focused on that".

Meanwhile, a US diplomatic source confirmed that its ambassador in Jakarta, Scot Marciel, had raised the issue with the Indonesian defence minister. "We are not very happy at all with what's going on," the source said.

'Bribe master' taxes Jakarta power players

Asia Times - December 3, 2010

Gary LaMoshi, Denpasar, Bali – An Indonesian tax official who claims he helped some of Indonesia's most powerful companies reduce their tax bills through millions of dollars in bribes provides the latest test case for President Susilo Bambang Yudhoyono's drive against corruption. So far government authorities are failing.

Former tax investigator Gayus Tambunan has become a national anti-hero for his colorful antics over the past year, capped by his holiday getaway last month to the women's pro tennis tournament in Bali while he was supposedly locked up in a Jakarta jail. An usher recognized Gayus and alerted a pair of news photographers. Gayus' Bali disguise – a cheap wig with longish hair parted in the center and Clark Kent-style black framed glasses – inspired both mockery and look alike contests after his photo was splashed across national media.

Gayus said he wanted to meet Russian star Maria Sharapova, who withdrew from the event due injury, but there are reports he met a business tycoon who was also spotted at the tournament. Weekly newsmagazine Tempo ran a cover imitating the logo of the Elizabeth Gilbert's travel memoir to Italy, India and Bali Eat, Pray, Love, using money, chains, handcuffs and Bali's signature frangipani blossom to spell out "Meet, Pay, Rob".

Express checkout

Held in a luxury jail for corruption and other uncommon suspects long believed to have a revolving door, Gayus admitted to bribing the warden with 368 million rupiah (US$41,350) plus 1.5 million rupiah weekly for guards to ferry him by motorcycle to a nearby gas station. From there, his wife or a driver picked up Gayus 68 times since July, an average of three times a week. Gayus said he was just doing what other inmates routinely did.

Gayus originally caught investigators' eyes in March last year. By age 30 he had managed to accumulate bank balances totaling more than $3 million, equivalent to more than 250 years worth of his 8 million rupiah monthly salary. Until reforms under Yudhoyono that began in earnest in 2007, the tax office was a notorious nexus of corruption with tax evasion the norm, lubricated by payments under the table to officials when bills came due. Prosecutors brought charges against Gayus and froze his bank accounts in October 2009 but unfroze them a month later. His trial began in January with prosecutors asking for a penalty of a year in jail.

Sharing the wealth

After a three-month trial, the court founded Gayus not guilty in March. That might have ended the story, except that, within a week of the verdict, former national police chief of detectives Susno Duadji told investigators that Gayus bribed police and court officials to obtain the acquittal.

The Judicial Mafia Task Force – established last year in response to trumped up charges against top members of the surprisingly effective Corruption Eradication Commission (KPK) – announced that it was investigating the case. Gayus fled to Singapore, where he reportedly has assets in the millions of dollars, according to Indonesia's top tax official.

Police and task force members met with Gayus in a Singapore food court and persuaded him to return to Indonesia on March 31. He's been held in custody since then, except for the 68 excursions he has made from jail. His outings apparently included visiting a dentist, since a gap between his top front teeth seems to have been closed since September.

Under questioning, Gayus revealed that he accepted bribes to help more than 100 companies resolve tax disputes. He claimed to have received more than $7 million from major companies that faced potential tax arrears in the hundreds of millions of dollars. Gayus kept some of the money for himself and distributed the rest, he said during the questioning.

Big fish stew

The criminal justice system and Yudhoyono are treating the Gayus case like an unwanted hot potato, or more accurately like a ticking time bomb that needs to be disposed quickly and quietly. But Gayus, with his outrageous claims, his denials followed by a tearful admission that he did indeed visit Bali, and flaunting his wealth with the impunity usually reserved for much bigger fish, is making it very difficult to sweep his case under the rug.

Gayus went on trial last month for bribing law enforcement officials and misusing his authority, with prosecutors claiming he cost the state an estimated 500 million rupiah – a ludicrously small amount since police estimate Gayus' total ill-gotten wealth at 74 billion rupiah. At this week's session, prosecutors presented barely audible recordings of a police interrogation of one of Gayus' former lawyers and Gayus himself speaking with the Judicial Mafia Task Force. The quality of the recordings was so poor that judges ordered the playback stopped. A verdict is expected next month.

Meanwhile, there has been little reported movement in the investigation of Gayus' bribery claims. Police say they have spoken to all of the parties Gayus claims gave him illegal payments and the officials he shared those payments with. But there have been no files passed on to the prosecutors, nor has any suspect been named. Yudhoyono expressed confidence that the police and regular prosecutors can handle the case, even though they let Gayus go free before and are notoriously reluctant to act against politically connected suspects.

KPK deputy chairman Mochammad Jasin said the anti-corruption body is collecting information on Gayus' case. That could set the stage for the KPK to take over the investigation and prosecute the people and companies that allegedly bribed Gayus and his colleagues to illegally evade taxes. Gayus could yet become a key witness in cases with the potential to blow the lid off Jakarta's intertwined corporate and political worlds and push an honest but weak president beyond his comfort zone and towards genuine reform.

[Longtime editor of award-winning investor rights advocate eRaider.com, Gary LaMoshihas written for Slate and Salon.com, and works an adviser to Writing Camp (www.writingcamp.net). He first visited Indonesia in 1994 and has tracking its progress ever since.]

Indonesian president's six years of failure

Direct Action - November-December 2010

Zoe Kenny, Yogyakarta – Thousands of mainly student protesters took to the streets in cities across Indonesia – including Jakarta, Palu, Makassar, Medan, Ternate, Samarinda, Bandung, Surabaya, Yogyakarta and Madura – on October 20 to protest the first year of Susilo Bambang Yudhoyono's second term as president.

While the protests encompassed a diverse array of issues, including women's rights, workers' rights and human rights, all the protests agreed on the utter failure of the government of Yudhoyono (known as SBY) to improve the lives of the vast majority of Indonesians or to dismantle the main institutions of Indonesian politics: the networks of cronyism and corruption that built up during the 30-year Suharto dictatorship and the militarism that dominates Indonesian politics and society.

SBY was first elected in 2004 on a platform of creating jobs and fighting corruption and terrorism. His landslide victory with 60% of votes in Indonesia's first direct leadership ballot represented hopes that he was a genuine reformer. These hopes still survived at the time of his second inauguration in 2009, when he again promised to "improve people's prosperity, strengthen democracy and uphold justice", the Indonesian Survey Institute giving him an approval rating of 85%.

Creating prosperity?

While people's expectations of SBY have fallen – his approval rating is down to 48% – internationally SBY is being lauded for leading Indonesia through the economic crisis "unscathed" and for maintaining "positive growth rates": in 2009 Indonesia posted 4.5% economic growth. Increasingly commentators include Indonesia in the "fast-growing emerging markets" along with Brazil, Russia, India and China.

A BBC report in February talked of Indonesia's "new middle class", whose consumption of locally manufactured products is supposedly driving economic growth and creating millions of jobs, transforming the lives of workers "who have reaped the rewards of this economic growth" and creating a "confident" nation. The report gave the example of Miriam, a 37-year-old factory worker whose "new-found prosperity" has allowed her to educate her children and buy a TV and motorbike for the first time.

Behind this rosy report lies a completely different reality: 140 million Indonesians living on less than $2 a day and struggling to meet basic needs. According to the BBC, it's these Indonesians' responsibility to emulate workers like Miriam; they will have to "climb up and out of poverty" if Indonesia is to "become the next India or China".

By placing the responsibility for Indonesia's economic growth on the individual, the BBC avoids mentioning the negative consequences of the government's policies, which are destroying the livelihoods of the majority of Indonesians. Ultimately SBY is concerned only about continuing to attract foreign investment rather than developing an economy that can fulfil the needs of the people.

SBY has consistently obeyed the dictates of international capital. Earlier this year he followed the example of Western governments by bailing out of one of Indonesia's biggest and most corrupt banks, Bank Century, to the tune of $700 million – four times the original request. Protesters at the time accused the government of making a deal to use some of the money to fund Yudhoyono's re-election campaign.

Two senior ministers, finance minister Sri Mulyani and Vice-President Boediono escaped prosecution in the scandal when SBY stepped in to defend their roles. While SBY was still defending the old networks and cronyism that Suharto built up during his 30-year dictatorship, the chairperson of Bank Central Asia, Eugene Galbraith, said that the "entire banking community" supported SBY's actions because there "was considerable nervousness about banks globally at the time".

In other words, as long as Indonesia has "positive growth rates" and a bare minimum of political stability, foreign investment will continue to flow in. Foreign capital controls 85% of oil and gas exploration, 75% of all direct investment activities, almost 50% of banking assets and millions of hectares of land for the exploitation of oil, coal, minerals, plantations and forestry. SBY is also continuing privatisation of state-owned companies; by 2015 only 25 industries will be government-owned, 110 having been sold off.

Worsening conditions

While SBY was bailing out Century, he was busy removing subsidies on basic commodities. On July 1 he announced another increase in electricity prices. These increases significantly affect the lives of Indonesians. Indonesia has no universal social security system, so the only relief has been one- off payments that are not only inadequate and temporary but have also been undermined by corruption and bureaucracy.

Conditions for workers are worsening. One of the biggest problems is an increase in outsourcing and casualisation of the workforce. Furthermore in 2008 alone, 3 million workers were dismissed, and the situation is set to deteriorate further when the ASEAN-China Free Trade Agreement (ACFTA) comes into effect. The ACFTA will allow Chinese imports to flood the local market, further undermining the weak Indonesian industrial sector. It is estimated that 2-7 million workers will lose their jobs; especially affected will be the textile sector. These workers will be forced into "informal" employment, which already numbers 60 million out of Indonesia's 97 million-strong workforce. These workers have no legal protection, and their incomes are often significantly lower than the minimum wages set by the government, which are already inadequate to cover basic needs, especially in the context of constantly increasing prices.

The minimum wage is set differently depending on the city. At its lowest, it is around 600,000 rupiah (A$68) per month. At 1.1 million rupiah in the bigger cities such as Jakarta and Surabaya, it is still far below the basic cost of living. The Food and Agriculture Organisation estimates that 150 million people in Indonesia are going hungry. SBY's policies of removing subsidies on rice and fertiliser are going to exacerbate this situation.

Furthermore, the government is failing to give people any of the tools they need to improve their situation. As of February 2009, as many as 55.43 million people in the workforce had only a primary school education. During SBY's rule, tertiary education is becoming more elitist and less accessible for the poor. During the 1980s and '90s, the proportion of the poorest students enrolling in university was above 10%, while by 2008 it had dropped to 4.19%; students from the wealthiest section of the population were 32.4%. In 2000 state universities opened special entry lanes that privileged wealthy students and caused a sharp decline in the numbers of poor students. At the same time, the corporatisation of universities is increasing thanks to the Legal Education Entity Law, which also allows foreign capital to control as much as 40 percent of the higher education sector.

Repression in place of justice

A video made public on October 20 showing the torture of two Papuan men – most likely suspected members of the Free Papua Movement – highlights one of the other major failures of the SBY government: the refusal to enforce the civil and political rights of the people. Throughout the country this lack of concern for human rights is manifested in different ways: widespread land and home evictions without adequate compensation; the lack of action in investigating the murder of human rights activist Munir; the impunity given to fundamentalist groups like Front Pembela Islam (FPI – Islamic Defence Front) that have routinely attacked more moderate Islamic communities such as Ahmaddiya as well as events related to the LGBTI community (most recently they threatened to attack the Q! Film Festival in Jakarta, resulting in the cancellation of some scheduled events).

The government has then used the violence of FPI to justify new repressive regulations. A new national police regulation in early October allows police to use live bullets to control demonstrations in "anarchic" situations. While the justification is the FPI's violence, the regulation is clearly aimed at curtailing movements for social change, indicated by the police use of live ammunition at the October 20 protests, while FPI continues to implement its regressive agenda unhindered. According to the human rights monitoring organisation Imparsial, there have been 135 cases of police using "excessive force" since 2005. In October police shot and killed three people in Papua and in September police killed one person and injured 23 people by firing into a protest in Central Sulawesi.