Kinanti Pinta Karana – Tifatul Sembiring, the minister of communications and information technology, has been acknowledged as Indonesia's most famous politician by a Web site that gauges an individual's popularity based on their social networking reach.

Famecount.com, which considers Facebook, Twitter and YouTube presence, put Tifatul in 24th place for his 207,264 Facebook fans and 237,495 Twitter followers.

He came in behind Malaysian Prime Minister Najib Razak, at 19th, but ahead of Malaysian opposition leader Anwar Ibrahim, who is ranked 35th. US President Barack Obama tops the list.

Tifatul's social networking popularity owes much to his proclivity for controversial statements. At a prayer meeting in November 2009 in Padang, West Sumatra, which was devastated by a tsunami two months earlier, he blamed the disaster on immoral TV shows. "Television broadcasts that destroy morals are plentiful in this country and therefore disasters will continue to occur," he said.

In October 2010, he raised the hackles of gay rights activists with a series of homophobic tweets in which he blamed "perverted sex acts" for the spread of HIV. In one tweet, he quoted a passage from the Koran that told of Allah "smiting [homosexuals] with rocks from a burning land."

The minister also courted international ridicule following an incident that would later be known as "Handshake-Gate." It began with a statement he wrote on Twitter, days before a state visit by Obama to Indonesia, that he would never shake hands or touch a woman to whom he was not related.

However, during the state reception for Obama and his wife, Michelle, Tifatul was seen leaning forward eagerly to accept the US first lady's handshake and bowing deferentially, in scenes that were parodied on the US late-night show The Colbert Report and covered by online news portal The Huffington Post.

Central Java school flies the flag, Despite FPI jeers

Jakarta Globe - July 19, 2011

Hangga Brata, Karanganyar, Central Java – The second of two Islamic schools mired in controversy for refusing to carry out mandatory flag- raising ceremonies that they deemed idolatrous finally complied on Monday.

Rina Iriani, the Karanganyar district head, said the students and teachers of the Al Irshad Junior High School carried out the ceremony on Monday morning, after holding a practice session on Saturday.

"The controversy is over. The students and teachers are now willing to hold the flag-raising ceremony on a regular basis," she said. "It took some time and a lot of discussions to get them to comply, but in the end it turned out well for all of us."

The school, along with the Al Albani Islamic primary school, came under widespread criticism last month for refusing to carry out the ceremony including the singing of the national anthem, which it said was tantamount to idol worship and hence against Islamic teachings.

However, the flag-raising ceremony and singing of the national anthem are mandatory for all schools nationwide, whether religious or secular. A 2008 decree from the National Education Ministry requires all schools to hold the ceremony on Mondays and national holidays.

Officials at the Al Albani school began complying with the requirement in the middle of last month, shortly after Rina threatened to shut down both schools.

School officials had previously justified their refusal to comply by referring to a leaflet issued by a top official of the Indonesian Council of Ulema (MUI), which said saluting the flag was considered heretical.

Monday's flag-raising ceremony at Al Irshad proceeded under the watch of local police and military leaders, but was marred by attempts by members of the hard-line Islamic Defenders Front (FPI) to interrupt the proceedings.

The FPI protested with loud chants and yells from outside the school compound before being silenced by a military commander.

Students said it was awkward having to carry out the ceremony for the the first time.

"It looked so funny when the ceremony leader gave out the command to form a line," said Sindu Prayogo Utomo, a student at the school. "I was trembling when we had to sing 'Indonesia Raya.' And at several points I forgot the lyrics to the anthem."

East Java district to issue dress code for Ramadan

Antara News - July 19, 2011

Less than two weeks before the fasting month of Ramadan begins, locals in Pamekasan district, East Java, are being encouraged to dress "properly" to respect the holy month, including while exercising.

"People should wear clothes that are aligned with the holiness of Ramadan, including for those who participate in aerobic sessions at the public park every Sunday," Pamekasan district head Kholilurrahman said on Tuesday.

The district government has said it will issue official instructions related to the Ramadan dress code, however, it is unclear what sanctions could or would be imposed on residents deemed in violation of the code.

"There are also number of other things we want to tell the people in the instruction letter," Kholilurrahman said.

Food sellers in the district will be advised to close their businesses during the day in keeping with the month's fasting requirement for Muslims, he said, and nightlife establishments such as karaoke parlors will be closed for the entire month.

"We will revoke the business permits of any places which disobey the instruction," Kholilurrahman said.

Aceh

Parties propose rescheduled gubernatorial election in Aceh

Jakarta Post - July 23, 2011

Ridwan Max Sijabat, Jakarta – Political tensions were expected to calm gradually in the once-restive Aceh after parties agreed to accept nominations of independent candidates on the condition that the gubernatorial election would be rescheduled.

In a meeting with the Aceh and Papua Desk at the House of Representatives, all local and national party functionaries in Aceh retracted their protests against the Constitutional Court's controversial verdict on independent candidates to prevent the regulatory conflict from igniting into a greater conflict.

Mawardi, spokesman for the local and national parties, said the Acehnese didn't want any more conflicts that would bring more heartache to Acehnese people. Therefore, all parties agreed to the Constitutional Court's proposal and accepted the nomination of independent candidates, but they insisted that the election, slated for Nov. 14, 2011, must be rescheduled to amend the bylaw on local elections.

On the eve of the gubernatorial race, political conditions intensified as current Governor Irwandi Yusuf said he would seek reelection for a second term, which was not allowed under the 2006 Aceh Administration Law.

The law said that independents could only run once to allow former Free Aceh Merdeka (GAM) fighters and politicians who had not yet joined a party to run in the 2006 election.

By request of Acehnese people supporting Irwandy's reelection, the Constitutional Court annulled the bylaw limiting independents to the first direct election in 2006.

Abdullah Saleh of the Aceh Party and Karimun Usman of the Indonesian Democratic Party of Struggle said the Aceh provincial legislature on Wednesday had rejected the Constitutional Court's verdict and parties had previously agreed to boycott the upcoming election.

"We don't want the current regulatory dispute to turn into a social conflict that would make Aceh a killing field again. We have to show our statesmanship for the sake of the Acehnese people," said Karimun.

Abdullah said the parties called for the election to be rescheduled to allow the provincial legislative council adequate time to amend the bylaw.

"We have proposed that the election be postponed for two to four months, or six months at the longest," he said, adding that his party, which won 50 percent of the votes with the Irwandy Yusuf-Muhammad Nazar ticket in the 2006 election, would nominate current Vice Governor Muhammad Nazar in the next election.

Deputy House Speaker Priyo Budi Santoso, who headed the Aceh and Papua Desk, appreciated the Acehnese politicians' statesmanship and pledged to coordinate with the government – especially the coordinating political, legal and security affairs minister and the home minister – to listen to the parties' political aspirations.

"We will make contact with the two ministers to follow up the Aceh parties' political aspirations and we will ask the home minister and the General Election Commission (KPU) to make adjustments in line with implementing the election steps in the province," he said.

Independents were only allowed one term in 2006 to accommodate GAM members
Parties agree to accept independent candidate nominations as long as election is delayed
Acehnese want to prevent conflicts that could lead to more bloodshed

West Papua

Soldier killed in another ambush in Papua

Jakarta Globe - July 21, 2011

Banjir Ambarita – An Indonesian soldier was killed in an ambush at Puncak Jaya district in Papua on Thursday.

The incident took place when a group of armed men ambushed a military security squad patrolling Angin village at 9.30 a.m. One of the soldiers, First Private Lukas Yahya Kafiar, was shot in the head and died instantly.

A military spokesman in Papua, Lt. Col. Inf. Ali Bogra, said the identity of the attackers was still unconfirmed. "We are still doing the investigation and we are chasing the perpetrators, believed to be members of a separatist group," he said, referring to the Free Papua Movement (OPM).

First Private Yahya's body was flown to the military headquarters in Jayapura – A military ceremony will take place before the body is handed over to the family for burial.

It was the second attack against military personnel in Papua this month. On July 6, three soldiers were shot during a clash with unknown attackers in Kalome village, Tingginambut district. The ambush occurred as a group of Indonesian Military (TNI) officers patrolled the village.

Low-ranking soldiers indicted over torture, killing in Papua's Puncak Jaya

Jakarta Globe - July 21, 2011

Banjir Ambarita, Jayapura – A military tribunal in Papua indicted three low-ranking soldiers on Wednesday for the killing of a civilian in Puncak Jaya district last year.

The defendants were identified as First Sgt. Saut Sihombing, Second Pvt. Hery Purwanto and Second Pvt. Hasirun. All three serve in the Army's Nabire Infantry Battalion, as did four soldiers sentenced in November for torturing two civilians in the village of Gurage in the same district.

That incident resulted in international condemnation after a video of the torture was posted on the online video-sharing site YouTube in October.

Military prosecutor Capt. Jem C.H. Manibuy charged the three defendants in this latest case with torture. They are accused of beating and shooting to death a civilian, identified as Kinderman Gire. The killing occurred near a military checkpoint in the village of Illu on March 17 last year, just two weeks prior to the Gurage incident.

The indictment says Saut, Hery and Hasirun accompanied a civilian convoy that was delivering food supplies to Mulia, the capital of Puncak Jaya district, around 10 hours by road from Wamena, Jayawijaya.

Kinderman, according to the indictment, stopped the convoy near Kalome village in an attempt to extort gasoline from the driver of one of the vehicles.

Saut disembarked from his vehicle and approached Kinderman who was with another civilian, Pitinus Kogoya. The indictment says that Kinderman then said, "I am not afraid of the military. I have 30 friends in the mountains and they are armed," suggesting that Kinderman was a member of the separatist Free Papua Movement (OPM).

Kinderman and Pitinus were then beaten while being interrogated by Hery and Hasirun, the indictment says. Pitinus was able to escape by jumping down an embankment.

The military tribunal was told that Kinderman tried to grab a rifle from Hery, who reacted by firing at Kinderman. The shot hit Kinderman in the chest, killing him instantly.

Saut said he reported the incident to his superior, Sudarmin, who told the three not to say anything about the shooting. The three soldiers took Kinderman's body to their vehicle before dumping it in a river from a bridge in Tingginambut subdistrict, the indictment says.

The Papua Customary Council (DAP), however, disagreed with the Army's version of events. It said Kinderman was a local priest and had no ties to the OPM.

"He was waiting for a delivery from Wamena, so when a convoy approached he immediately went up to check for his package," DAP member Markus Haluk said. "There are thousands of innocent civilians in Papua accused of being OPM to justify military tortures and killings. This trial is just for show, like the previous one."

Languages on Papua vanish without a whisper

Agence France Presse - July 21, 2011

Who will speak Iniai in 2050? Or Faiwol? Moskona? Wahgi? Probably no one, as the languages of New Guinea – the world's greatest linguistic reservoir – are disappearing in a tide of indifference.

Yoseph Wally, an anthropologist at Cendrawasih University in Jayapura, Papua, keeps his ears open when he visits villages to hear what language the locals are speaking.

"It's Indonesian more and more. Only the oldest people still speak in the local dialect," he said. In some villages he visits, not a single person can understand a word of the traditional language. "Certain languages disappeared very quickly, like Muris, which was spoken in an area near here until about 15 years ago," he said.

New Guinea is home to more than 1,000 languages – around 800 in Papua New Guinea and 200 in Indonesian Papua – but most have fewer than 1,000 speakers, often centered around a village or cluster of hamlets.

Some 80 percent of New Guinea's people live in rural areas and many tribes, especially in the isolated mountains, have little contact with one another, let alone with the outside world. The most widely-spoken language is Enga, with around 200,000 speakers in the highlands of central PNG, followed by Melpa and Huli.

"Every time someone dies, a little part of the language dies too because only the oldest people still use it," said Nico, the curator of Cendrawasih University's museum.

"In towns but also eventually in the forest, Indonesian has become the main language for people under 40. Traditional languages are reserved for celebrations and festivals," said Habel M. Suwae, the regent of Jayapura district.

In PNG, under the influence of nearby Australia, English has spread, though it has found it hard to penetrate some tribes, particularly those in the isolated highlands.

The authorities are sometimes accused of inaction or even favouring the official language to better integrate the population, particularly in Indonesian Papua.

But according to Hari Untoro Dradjat, an adviser to the Indonesian ministry of culture, no matter what measures are taken to promote traditional languages in schools, "it is almost impossible to preserve a language if it is no longer spoken in everyday life".

Despite his pessimism about the future, Wally the anthropologist believes art and culture can stop Papuan languages being forgotten.

Papuans love to sing and celebrate and they must do these things in their traditional languages, Wally says – this way young people "will want to discover the language to understand the meaning of the songs".

Instead of saving languages on the way to extinction, some researchers want to preserve a record of them – a difficult task when many are exclusively oral.

Oxford University has launched a race against the clock to record Emma, aged 85, Enos, 60, and Anna, also 60, who are the three last remaining Papuans who speak Dusner.

More than 200 languages have become extinct around the world over the last three generations and 2,500 others are under threat, according to a Unesco list of endangered languages, out of a total of 6,000.

Kontras urges government to rethink strategy in Papua

Jakarta Post - July 20, 2011

Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) says the government needs to evaluate its military operations in Papua, as more soldiers and civilians are injured by gunfire.

"We know there are threats from separatists. However, if we use a military approach to solve the separatism problem, we also have to evaluate the approach's impact on civilians, especially children," Kontras Coordinator Haris Azhar said on Wednesday.

He said that the government might evaluate the military operation, but it still had to solve the security problem.

"We need a guide for conducting military operations that reduces the number of victims, especially civilian victims. Evaluations will also contribute to handling the security problem in Papua," he said.

Haris said that the dialogue approach, which was accepted by all Papua citizens, would help handle the security problems in Papua, especially those caused by separatists.

A series of armed conflicts ignited in Papua recently. On June 25, five people allegedly from the Free Papua Movement (OPM) attacked First Brig. M. Sumar Yazin in Mulia Airport, Puncak Jaya regency, Papua. On July 5, people from the OPM attacked soldiers patrolling Kalome village, Puncak Jaya regency.

Another fight between the military and the OPM in Kampung Kalome on July 12 injured a mother and three children. A gunfight a day later in Monia village, Tingginambut district, left five soldiers wounded.

Military dismisses report of woman and children shot by soldiers in Papua

Jakarta Globe - July 19, 2011

Banjir Ambarita, Jayapura – The military denied allegations that a woman and three children were shot and wounded during operations to combat suspected separatists in Papua's Puncak Jaya district.

Matius Murib, deputy head of the Papua branch of the National Commission on Human Rights (Komnas HAM), said on Monday that the incident occurred on July 12 during a shoot-out in the restive subdistrict of Tingginambut.

Exchanges of fire between soldiers and guerrillas from the separatist Free Papua Organization (OPM) have flared up in the area over the past two weeks. Initial reports said three soldiers and a civilian had been wounded, although the military later revised that figure to five soldiers.

Matius said reports were now coming in that four civilians were shot in the crossfire, including a woman, Dekimira, 50, and her son, Jitoban Wenda, 4. The other victims were identified as their neighbors, Dimison Wenda, 8, and Dekimin Wenda, 3, all of whom were reportedly shot in the legs.

"If it's true that innocent civilians were shot and injured, then it's highly regrettable that this happened," Matius said.

There were also reports that hundreds of residents of Kalome village had fled their homes in the wake of the shooting, for fear of getting caught in the middle of another firefight, he added.

However, Maj. Gen. Erfi Triassunu, head of the Cendrawasih Military Command, which oversees operations across Papua, said that while the military could not confirm whether there had been any civilian casualties in last week's exchange of fire, the likelihood was low.

"You seriously believe that in a remote and isolated area like that, with such hostile terrain, there would be people living there? Much less kids running around playing?" he said. "Honestly, I'm lost for words. This is the first time I've heard of this."

Erfi confirmed that there had been a shoot-out, sparked by gunmen hiding in the heavily forested area.

"Our soldiers at the time were on a routine patrol to guard other soldiers carrying out social welfare programs," he said. "All of a sudden, they were fired upon by unknown gunmen, so of course they fired back, which is in accordance with procedures. But we'd be very surprised if there were any civilian casualties, because what would anyone be doing in such an area?"

He said the gunmen were believed to be members of the outlawed OPM, which for more than three decades has waged a low-level insurgency against the government in Papua.

"The armed groups operating in Puncak Jaya appear to be very well trained," he said. "They always manage to shoot on target, despite the difficulty of the terrain. Our soldiers have a difficult time countering them, because they often can't see where the shots are coming from." The OPM group involved in last week's shoot-out was believed to be of around 20 men armed with AK-47 or M-16 assault rifles, Erfi said.

"From the bullets that were extracted from the wounded soldiers, it's likely that those were the guns they were using, as well as perhaps home- made firearms," he said.

Human rights & justice

Clinton: Indonesia can be democratic role model

Associated Press - July 24, 2011

Matthew Lee, Associated Press, Nusa Dua – US Secretary of State Hillary Rodham Clinton is urging Indonesia to promote democracy in Myanmar and countries in the Middle East and North Africa in the throes of upheaval.

She says its successful transition from dictatorship and status as a vibrant Muslim-majority democracy make it an ideal role model for both Myanmar and the Arab world.

In meetings with senior Indonesian officials on Sunday in Bali, Clinton said the country's recent history "provides an example for a transition to civilian rule and building strong democratic institutions." She said Indonesia has made significant strides toward democracy and shown that Islam and democracy can co-exist.

"In the year of the Arab Spring, there has never been a better moment for Indonesians to share what they learned from their own transition to democracy with the people of Egypt, Tunisia, and other nations that are now on that same difficult journey," Clinton said.

Indonesia, a nation of more than 237 million people, was ruled since the end of World War II by dictators Sukarno and Suharto. Suharto was ousted in a popular uprising in 1998. The world's most populous Muslim nation, Indonesia emerged from decades of authoritarian rule just over 10 years ago. Its history could show the Asian nation of Myanmar the way toward democracy.

"Indonesia's own recent history provides an example for a transition to civilian rule and building strong democratic institutions," Clinton said during a news conference with Indonesian Foreign Minister Marty Natalegawa.

Myanmar's new civilian government, which took over late last year after a half-century of military rule, needs to make "concrete, measurable progress" in bringing about democratic reforms if it wants to win the confidence of the international community, Clinton said earlier in the week.

That includes releasing more than 2,000 political prisoners and holding meaningful dialogue with its political opponents.

Military's fears stalling Rome statute ratification: Expert

Jakarta Post - July 21, 2011

Jakarta – The Indonesian military continues to misunderstand the Rome Statute of the International Criminal Court (ICC), with the result that Indonesia still has not ratified the international convention, an analyst says.

Marzuki Darusman, the executive director of the Human Right Resource Center for ASEAN, said the government had already expressed its intention to ratify the statute, but that the military's fears about the ramifications of adopting the convention had stopped the House of Representatives from deliberating the convention.

"They are yet to understand that the Rome Statute will only be applicable for actions in the future after a party signs it, not for human rights violations in the past," Marzuki said on Thursday during an event held by the National Commission for Human Rights and the coalition for ICC.

The Rome Statute will be a basis for the establishment of an independent international court for legal proceedings of extraordinary crimes like genocide, crimes against humanity, war crimes and crimes of aggression.

Marzuki cited that in 2008 the government had planned to ratify the statute. "However, there have been difficulties since the military's concerns that the court will hold a trial over violations in the past was transferred to the Defense Ministry. Then, there was a debate within the government," Marzuki said.

Bhatara Ibnu Reza, an expert member of the coalition for the ICC, said that the statute would help Indonesia improve its protection of human rights.

"It will set new rules of engagement for the military to avoid violations of human rights. It will also give a distinction for trials of war crimes, which is actually not in the area of the military court. A war criminal could be a civilian, or military officers could also be victims," Bhatara said.

Indriaswati D Saptaningrum, the director of ELSAM, a non-governmental organization taking part in the coalition, said that Indonesia had no reason to delay the ratification of the statute.

"The Rome Statute does not ask the ratifying country to give annual reports like in other international covenants," she said. Therefore, she said, the military had to change their perception of the statute so that the government could ratify it immediately.

The coalition has called on the government to ratify the statute in 2013. (rcf)

Nine soldiers in death case get light sentences

Jakarta Post - July 21, 2011

Kupang – Nine soldiers tried for beating to death Charles Mali, 17, a detainee at the Military Batallion 744 headquarters in Atambua, East Nusa Tenggara (NTT), were all sentenced to less than one year in prison.

The verdict was read by head of the panel of justice Lt. Col. Sugeng Sutrisno at the Kupang Military Court on Tuesday afternoon.

First Sgt. Agus Ariyadi was handed down 11 months and 20 days in prison, Second Sgt. I Made Dwi Arimbawa 9 months and 20 days, Chief Pvt. Usman Katmir 9 months, Chief Pvt. Lalo Ijaswadi 10 months and 20 days, First Pvt Komang Suwiriten 8 months and 20 days, First Pvt. Bambang Ariwibowo Lofa 8 months and 20 days, Second Pvt. Hendra Suryadinata 9 months and 20 days and Second Pvt. Frengkino Roylamos Goncalues 9 months in jail. Second Pvt. Eusthatekus Dena Dopo received 12 months and was to be dishonorably discharged in part for his previous involvement in another crime.

Chief judge Sugeng said the defendants had been found guilty of beating the detainee to death.

Rights group calls on Clinton to address injustice during Indonesia trip

Jakarta Globe - July 20, 2011

Lauren Zumbach – Human Rights Watch has called on US Secretary of State Hillary Clinton to focus on military abuses, freedom of expression and religious minorities' rights during her visit to Indonesia from Thursday to Sunday.

In a statement released to Clinton on Tuesday, the rights group's deputy Asia director, Elaine Pearson, criticized the United States for failing to promote action to address "military atrocities" despite the fact that closer military ties between that country and Indonesia were to be "a reward for better behavior by Indonesian soldiers."

The plan to increase military cooperation was announced last year during a visit to Indonesia by then-US Defense Secretary Robert Gates.

"This is an important opportunity for Clinton to speak publicly about the need for genuine reform," Pearson said in the statement, which described cases like the May 2010 torture of two farmers in Papua.

Though soldiers were captured on video kicking the victims and touching one's genitals with a piece of burning wood, none of the soldiers were charged with torture, instead receiving eight- to ten-month sentences for "disobeying orders."

In addition to concerns over military abuses, the letter asked Clinton to address Indonesian laws inhibiting free expression and the continued imprisonment of over 100 activists.

Pearson added that laws against dissent and attacks on religious minorities were "getting worse," citing attacks on Ahmadiyah mosques in the wake of President Susilo Bambang Yudhoyono's 2008 decree restricting the Islamic sect's activities.

"If the US really wants to support Indonesia as a rights-respecting democracy, then Clinton should not shy away from stressing the importance of rolling back practices that undermine freedom of religion and speech," Pearson said.

Mother of mob violence victim still fighting for justice

Jakarta Globe - July 19, 2011

Dessy Sagita – The mother of a teacher at an Islamic boarding school in Indonesia who was burned to death two years ago after he was accused of impregnating a female student is still seeking justice for her son.

"Two years after my son's death, his reputation is still tainted," Endang Sri Maryati told the Jakarta Globe. "People still think of him as an adulterer. Meanwhile, I've lost my home, my livelihood."

After meeting with the National Commission on Human Rights (Komnas HAM) on Monday, Endang said she had come to Jakarta to demand justice for her son, Muhammad Zarkasyi.

She called on the leaders of the Al Fatah Islamic boarding school in Magetan, East Java, to meet with her and to honor its promise to pay for her house, which was burned down during the mob attack.

In early 2009, a group of male students abducted Zarkasyi and beat him, forcing him to confess that he had impregnated one of the female students at the school. Zarkasyi quit the school after the brutal attack and began selling cellular phones and phone credit vouchers.

In April that same year, a group of Al Fatah students attempted to burn down Zarkasyi's house. Neighbors, however, managed to put the fire out.

The group return to Zarkasyi's house the following month, poured gasoline over him and set him alight. Zarkasyi died of his injuries and his house and store were burned to the ground.

After his death, 14 people were brought to trial and sentenced to between one and four years in jail. Endang said most of those convicted in the murder had since been released from prison, while three suspects, including the alleged ringleader, remained at large.

"My son had not seen the girl for more than eight months, how could he have gotten her pregnant? It was strange," Endang said. "One year is too lenient for murdering someone in the most inhumane way imaginable.

"The girl who was allegedly impregnated by my son has also disappeared. She never answered the court's summons to testify," she added.

Zainal Arifin, a lawyer from the Jakarta Legal Aid Foundation (LBH), said efforts to mediate with Al Fatah leaders had come to a dead end. He said school officials had been avoiding Endang and even refused Komnas HAM's offers of mediation.

Endang, meanwhile, is also seeking action from the Ministry of National Education and the Ministry of Religious Affairs. "I want to know how the boarding school was allowed to teach violence to their students," she said.

Representatives from both ministries, who also attended the meeting on Monday, promised to look into the curriculum and monitor the school.

"My demand is clear," Endang said. "I want Al Fatah's officials to rehabilitate my son's name and to pay for our house, and I won't stop until they agree to meet me."

She has been living at the office of the Commission for Missing Persons and Victims of Violence (Kontras) for the past 20 days and said she would stay in Jakarta until she received a satisfactory answer from the school.

Kabul Supriyadhie, a commissioner from Komnas HAM, said Al Fatah had ignored two previous requests for mediation, but did not elaborate on when the school was contacted.

Political parties & elections

Dems take no action to fix image

Jakarta Post - July 24, 2011

Ridwan Max Sijabat, Sentul – There have been few signs of concrete action by Democratic Party politicians during their two-day working meeting to repair the party's image that has been tarnished by graft allegations.

Instead, party chief patron President Susilo Bambang Yudhoyono and party chairman Anas Urbaningrum focused more on their concerns over what they called attacks on the party ahead of its 10th anniversary celebrations in September.

Addressing 5,300 party members, Yudhoyono acknowledged the party still had weaknesses but he again accused the press for using minor issues and rumors as their sources in the past two months.

"Despite its young age, the party has recorded two consecutive victories in the 2004 and 2009 general elections and I am convinced we can manage the problems and pass the test well," he said.

Yudhoyono admitted there were some party members who violated the party's code of ethics and the law and he vowed to take action against them. He also stressed the importance of party unity to face the "test" and said he would defend any "attacks" on the party. He also called on party members to be committed to implementing clean, "smart" and "polite" politics.

He said attacks on the party and the test it faced were linked to the "impolite" and "foolish" political behavior of a small group of party members, including former treasurer and fugitive graft suspect Muhammad Nazaruddin.

Apart from Nazaruddin, many other party members have been implicated in graft scandals, but have not been named suspects or faced trial. Several other members are serving prison sentences for their role in graft cases.

The corruption allegations implicating Democratic Party politicians have made headlines in the past few weeks, especially after Nazaruddin claimed he had funded Anas' winning bid to be party chair last year. Anas has repeatedly denied the accusation.

On Friday, Yudhoyono called on Nazaruddin to return to Indonesia, but later in the evening Nazaruddin told MetroTV in an interview he had evidence of the involvement by other party members in graft cases.

Anas said in his speech at the working meeting he was also concerned about the "attacks" on the party. "The test I face is far lighter than that faced by [Yudhoyono] and I will learn much from him about how to pass [this test]," he said.

There was almost unanimous approval of Yudhoyono's opening remarks by party officials, who said they felt encouraged to strengthen party unity and prepare for the 2014 general elections.

Jafar Hafsah, the head of the Democratic Party at the House of Representatives, said the party would rely on law enforcement officers to deal with law-breaking members and highlighted the importance of better relations with the media.

Deputy party chairman Johni Allen Marbun and legislator Angelina Sondakh – both of whom are implicated in graft cases – said they were not perturbed by Yudhoyono's statements, adding they placed their trust in the courts to prove their innocence.

However, there remain strong calls for Anas to step down. The secretary of the party's Central Java branch, Dani Sriyanto, interrupted the meeting and demanded Anas step down to save the party.

Centre for Strategic and International Studies (CSIS) political analyst J. Kristiady criticized the meeting, saying Yudhoyono's speech was mere rhetoric as the President had either failed or refused to punish wayward party members and to restructure the party and his administration to improve accountability to the public.

Nazaruddin drowns out SBY's 'come home' plea

Jakarta Globe - July 23, 2011

Arientha Primanita & Febriamy Hutapea – Just as President Susilo Bambang Yudhoyono broke his silence on the Muhammad Nazaruddin case on Friday and urged the rogue former Democratic treasurer to "come home," his plea was drowned out by a barrage of excuses and accusations by the fugitive himself in another television interview.

As if to taunt his former boss, Nazaruddin appeared in a recorded Skype conversation to further detail his accusations against his party.

Wearing a straw hat and speaking from what appeared to a bare bungalow room, he detailed the many accusations he had made against a host of democrats, including chairman Anas Urbaningrum.

But he also startlingly claimed he had recently escaped an assassination attempt by two men. "There are two men after me and I have been shot at... The shot almost hit my head, but thank God I escaped. There are also [people] guarding me," he said in the interview with freelance journalist Iwan Piliang broadcast on Metro TV on Friday evening.

Nazaruddin, who went underground after leaving for Singapore on May 23, insisted he really was overseas and played a phone ringtone that many had heard in the background of an interview aired on television earlier this week. Rumors had swirled after the Tuesday broadcast that the sound had been a jingle from an Indonesian bakery vendor, meaning Nazaruddin might in fact be in the country.

He wanted the Corruption Eradication Commission (KPK) to probe two graft cases linked to sports projects from which he said Anas and many other Democrats had received money. "I really am abroad. I will return if the KPK opens up the case of the athletes' village and the Hambalang stadium," he said.

He provided more details of his accusation that Anas's bid for the chairmanship of the Democratic Party had been funded by money from the state budget.

"The public knows Anas did not have the backing of SBY," he said of the situation in the run-up to the election of the party chair.

"All the money was collected from the state budget fund," he said, detailing that the money came from contributions linked to the distribution of several construction projects, including the athletes' village in Palembang and the Hambalang sport stadium in Bogor.

He also repeatedly waved a flash drive that he claimed contained a detailed list of who received money, how much and from whom during the party congress when the election took place. "Anas won because of money, and this cannot be denied," he said.

Anas was no longer the same person he had known and helped since 2004. "I feel hurt, he has destroyed my family. I have enjoyed not a single rupiah from state budget money, or what's more, allocated to the athletes' village. Not a single rupiah," he said.

Yudhoyono had earlier in the day sought to salvage his party's image ahead of a national coordination meeting in Sentul City this weekend by calling on Nazaruddin to "come home to the country and as a good citizen please follow legal process with the KPK and the police."

Yudhoyono, the Democratic Party's patron, said Nazaruddin's many statements in the media implicating various Democrats and anti-corruption officials in graft scandals had left party members confused and suspicious of one another.

Anas has denied the allegations and said the attacks were part of a larger game by political players seeking to discredit him. He had said "certain groups are using Nazaruddin to commit a character assassination" against him, but did not elaborate.

Dems' vow to 'clean up' party challenged

Jakarta Post - July 20, 2011

Bagus BT Saragih, Jakarta – Democratic Party executives must follow through President Susilo Bambang Yudhoyono's vow to clean up his party by imposing strict sanctions to all corrupt and problematic members in the upcoming national coordination meeting, an observer says.

A political observer from the Indonesian Survey Institute, Burhanuddin Muhtadi, said on Tuesday that party chairman Anas Urbaningrum must be brave enough to "overhaul" his party which had been burdened by a range of scandals by its members.

"Dismiss all troublesome members without exceptions, not only those whose names frequently appear in the media, like [former treasurer] Nazaruddin and [party executive] Andi Nurpati. This is important for the party if it still wants to gain significant votes in the 2014 polls," he said.

The party has been gearing up to hold a national coordination meeting, scheduled for July 23 to July 26 in Sentul, Bogor regency, West Java.

Ramadhan Pohan, a Democratic Party executive, said the meeting would certainly be a good opportunity to clean up the party.

"It is now being processed by the party chairman who has been preparing to consolidate [the party] comprehensively. There will be strict sanctions for members who have been indisciplined or violated the law," he said.

The ruling party has been burdened with a series of criminal allegations by its members, ranging from document forgery to high-profile corruption.

Among them is lawmaker and dismissed party treasurer Muhammad Nazaruddin, who is now a graft fugitive.

Nazaruddin, who has been named a suspect by the Corruption Eradication Commission (KPK) for his alleged role in the graft surrounding construction of the athletes' village for the upcoming SEA Games, has become a thorn in the side of the party after leaving the country and claiming that several party members were involved in the shady deals.

Muhammad Jafar Hafzah, the head of the party's faction at the House of Representatives, said the party had been planning to clean their ranks in order to repair the party's image.

"There will be strict penalties to members who violate our internal code of conduct or are not disciplined," he said.

Unlike similar meetings in the past, the next national coordination meeting will involve not only representatives from all 32 provincial chapters but also from hundreds of party offices at city and regency levels across the nation.

According to Jafar, an estimated 4,700 party members nationwide would attend the meeting.

"The main agenda at the meeting will be to evaluate the party's and the government's performance over the past year, particularly on economic issues," he said, denying speculation that the meeting would be used to oust Anas' chairmanship.

Jafar confirmed the agenda to clean the party was an implementation of Yudhoyono's order which had been included in the President's official statement made at his residence in Cikeas, West Java, earlier this month.

Dozens of Democratic Party members have been implicated in graft cases but party officials have yet to execute internal punishments against them.

Troubled Dems

Muhammad Nazaruddin (lawmaker/dismissed party treasurer), graft fugitive
Andi Nurpati (party executive), allegedly masterminded an election document forgery
Jhoni Allen Marbun (lawmaker/party executive), allegedly took bribes in several government projects
Amrun Daulay (lawmaker), a graft suspect
Muhamad Nasir (lawmaker/Nazaruddin's relative), implicated in several of Nazaruddin's cases
Djufri (lawmaker/head of party's West Sumatra chapter/former Bukittinggi mayor), a graft suspect
Murman Effendi (Seluma regent/head of the party's Bengkulu chapter), graft suspect
Angelina Sondakh (lawmaker), allegedly received bribes in the athletes' village case
Mirwan Amir (lawmaker), allegedly received bribes in the athletes' village case
Max Sopacua (lawmaker/party deputy chairman), implicated in a 2007 corruption case at the Health Ministry
Robert Edison Siahaan (former Pematang Siantar mayor), graft suspect
Agusrin Najamuddin (Bengkulu governor), former graft defendant
Sukawi Sutarip (Semarang mayor), graft suspect
Andrias Palino Popang (former Tana Toraja vice regent), graft convict
Satono (East Lampung regent), graft suspect
Yusak Yaluwo (Boven Digoel regent), graft convict

[Source: The Jakarta Post.]

Parties reject independent candidate, threaten boycott

Jakarta Post - July 18, 2011

Hotli Simanjuntak, Banda Aceh – Sixteen political parties in Aceh, two of them local parties, have called for the rescheduling of the gubernatorial election and have threatened a boycott if the Independent Commission for Elections (KIP) fails to meet their demands.

The election is scheduled for October, but the protesting parties want the ballot to be postponed until January next year, citing that security conditions were not conducive due to differences between the executive and legislative bodies over a regulation on whether or not independent candidates would be allowed to run in the poll.

"If Aceh election goes ahead, the consequences are that political parties will not nominate candidates for governor, regents or mayors," Indonesian Democratic Party of Struggle (PDI-P) cadre Karimun Usman said on Friday.

The political environment has grown increasingly tense, partly due to altercations between incumbent Governor Irwandi Yusuf and his former political vehicle, the Aceh Party, which has representatives in the provincial legislative body along with 15 other parties.

Aceh is the only province allowed under election law to have local parties contest provincial legislative seats following the 2005 Helsinki Peace Agreement between Jakarta and the now-defunct Free Aceh Movement (GAM), then under the leadership of Irwandi.

While his popularity helped the Aceh Party beat the other five local parties in the 2009 legislative election, Irwandi and the Aceh Party are on opposing sides prior to the next election. Now that he has split with his party, Irwandi is pursuing a second term by running in the next election as an independent candidate.

The Aceh Party, supported by 15 other parties, is seeking ways to bar his candidacy by helping draft a bill, a clause of which stipulates that a candidate must be nominated by political party. The bill has not yet been enacted because Irwandi has refused to sign it.

The 16 political parties signed a letter in Banda Aceh on Friday to be sent to President Susilo Bambang Yudhoyono and the KIP for postponement of the election.

The signatories were the Aceh Party, the Aceh Sovereignty Party (both local parties), the Democratic Party, the Golkar Party, the Prosperous Justice Party (PKS), the National Mandate Party (PAN), PDI-P, the Indonesian Party of Justice and Unity (PKPI), the Crescent Star Party (PBB), the National Awakening Party (PKB), the Patriot Party, the People's Conscience Party (Hanura), the Star Reform Party (PBR), the Pelopor Party and the Great Indonesia Movement Party (Gerindra).

Aceh Gerindra branch secretary Mukhlis Muchtar said that with the executive and legislative bodies still differing over election regulations, the KIP should postpone the election in order to stem possible grass roots political conflicts.

"I'm sure the election will be disputed in the future because of lack of clarity in the legal foundation," Mukhlis said.

Brigadier General Sumardi, a military officer in charge of domestic politics, said that the demand by political parties for the election to be postponed would unlikely be consented because of the absence of a legal basis. He said elections would be held despite the threat of a boycott.

"The election can be postponed only under emergency conditions, such as destabilized security, disasters and lack of funds," he said, adding that only the KIP could propose an election postponement.

He said the KIP could use previous regulations, based on Aceh administration law, to organize the election. He added a legislative rejection of independent candidates was legally unacceptable and would contradict the Constitutional Court (MK)'s ruling.

Social organisations & NGOs

Nahdlatul Ulama marks 85 years of moderation and tolerance

Antara News - July 18, 2011

As the country's largest Islamic organization celebrated its 85th anniversary on Sunday, religious and national leaders vowed to tackle the rising tide of Islamic radicalization and to keep religion out of politics.

In a speech before thousands of Nahdlatul Ulama faithful at Bung Karno Stadium, NU chairman Said Aqil Siradj said the group had a key role to play in preventing radicalization.

The organization, he said, was founded to promote an interpretation of Islam that could benefit the people, "not an Islam that was radical, extreme or terrorist". "NU is characterized by moderation, balance and tolerance," he said.

The organization in no way condoned recently uncovered attempts to turn Indonesia into an Islamic state, he added. "Indonesia is not a country based on religion or ethnicity, but a secular nation."

Said Aqil also said the group would not get involved in politics or foment unrest against the government, but stressed that it would continue to be critical of policies it deemed not in the people's best interest.

President Susilo Bambang Yudhoyono, who also addressed the gathering, backed Said Aqil's statements and highlighted the need for NU to support the stability of his administration. "We need to stand united, and not create an unstable political environment," Yudhoyono said.

Religious Affairs Minister Suryadharma Ali, meanwhile, praised NU for its sustained and important role in shaping a largely tolerant Muslim society over the decades. "NU's services to the people have been outstanding, both during the struggle for independence and now," he said.

The importance of the organization in developing the country could not be stressed enough, he added, calling on NU to step up its efforts to that end.

Thousands of NU supporters from across the country were bused in for the anniversary celebrations, causing massive traffic jams in Senayan and surrounding areas.

Before the start of the celebrations at 9 a.m., traffic to Senayan was backed up for several kilometers, stretching all the way up Jalan Sudirman to the Hotel Indonesia traffic circle in Central Jakarta.

The chaos was not limited to the streets, though, with scenes of jostling and pushing as thousands of men, women and children tried to crowd into the stadium. There were several reports of people fainting amid the crush.

Labour & migrant workers

Doubts over impact of migrant worker plan

Jakarta Globe - July 23, 2011

Ismira Lutfia – Activists have welcomed a new policy that may allow the direct hiring of Indonesian migrant workers by prospective Malaysian employers, but they insist the mechanism must be tightly supervised by the government.

By cutting out recruitment and placement agencies, Malaysian authorities have effectively cut costs for local employers. The move may also relieve Indonesian workers, and their families, from the considerable fees often charged by the agencies. According to The Straits Times, Malaysian agencies can charge up to 8,000 ringgits ($2,689) in fees.

"This is a win-win solution for both workers and employers," said Muhammad Iqbal, head of the Indonesian Migrant Workers Union (SBMI).

Iqbal said that any work agreement based on this new policy should be endorsed by the Indonesian Embassy in Kuala Lumpur to ensure that the worker's arrival and working terms were properly recorded and monitored.

Jamal, from the Indonesian Migrant Workers Union (SBMI), stated that placements through agents did not guarantee that workers were protected. "The new policy is fine as long as the Indonesian Embassy verifies the employer's credentials and checks the workplace," he said.

Malaysian employers have largely agreed to the move, stating that it will cut hiring costs in half and give them the flexibility to chose their own maids, according to reports in The Straits Times.

But the Indonesian Workers Association (ATKI) warned that the new regulations could leave migrant workers vulnerable for human trafficking. "This is quite dilemmatic and the government must be ready to implement stricter supervision," said Retno Dewi, chairwoman of the ATKI.

The policy should be extended to recruitment agencies in Indonesia as well, Retno said.

But the policy may have little impact on the hiring of migrant workers. The move to cut Malaysian placement agents was not part of a memorandum of understanding signed between Indonesia and Malaysia, said Suhartono, spokesman for the Manpower and Transmigration Ministry.

According to Suhartono, the decision was one-sided. Job orders for Indonesian maids would still have to come from Malaysian agents who send requests to Indonesian placement agencies. "Indonesian agents will not be able to send workers without job orders from Malaysian agents." he said.

Claims of abuse at West Java Nike plant rejected

Jakarta Globe - July 21, 2011

Ulma Haryanto – The head of the workers' union at a Converse factory in Sukabumi, West Java, dismissed on Wednesday a recent report by The Associated Press alleging rampant rights violations.

"We have no idea where they got the report. It's slander," Doni Sudarsono, head of the union at Glostar Indonesia, told the Jakarta Globe.

AP reported last week that dozens of workers at the factory, which produces Converse sneakers for Nike, claimed "supervisors throw shoes at them, slap them and call them dogs and pigs."

Glostar Indonesia, according to Doni, is owned by the Taiwanese Pou Chen Group and is the only Converse factory in the area, meaning it was the factory referred to by AP. As far as I'm concerned, we haven't seen such abuses [as claimed in the report] for a long time now," Doni said. He added that he had led the union for the past four years, the same length of time the factory has been producing Converse sneakers.

Doni said that while the union was not powerful, it was vocal whenever there was inappropriate conduct at the factory. "In previous incidents, whenever anyone, including [foreign] bosses, treated workers inappropriately, we protested and most of them had to return to their home country," he said.

Iwan Ridwan, the head of Sukabumi's manpower office, told the Globe on Wednesday that even though there was labor friction in the area, his office often sided with the workers.

"I won't deny that there are imperfections in the management [of factories]," Iwan said. "We are not supposed to take sides [in resolving disputes], but for nationalism's sake, we side with our workers."

"It might have happened in the past, but mediation talks between companies and unions have worked," he continued, adding that he has headed the office since November.

Iwan said the office always took immediate measures to resolve labor disputes, especially those involving foreign management. "If bosses behave badly toward local workers, we act quickly," he said.

Glostar Indonesia workers receive the highest wages in the area, Iwan said, although they do not exceed the regional minimum wage of Rp 850,000 ($99) a month.

"The maximum period for a contract worker is three months, and afterward they will receive permanent employment," he continued. "Wages are a very sensitive issue here. "If the workers feel that the company is cheating, we can expect that big demonstrations will follow," Iwan added.

Environment & natural disasters

Just off Jakarta, an island of trash

Asia Sentinel - July 22, 2011

Once renowned for its pristine beaches, Untung Jawa Island, just an hour's boat ride from Jakarta, is now known as "trash island." With hundreds of tons of styrofoam, plastic and the occasional dead body washing ashore, the locals have had enough.

Untung Jawa is part of the Thousand Islands, a string of 105 tropical islands in Jakarta Bay. Once a popular tourist destination, thirteen heavily polluted rivers that flow from Jakarta harbor out to the islands mean they are now being hit by daily waves of trash.

Between the island's two harbors hangs a 100-meter-long net designed to trap the mountain of styrofoam and plastic that pours in every day. Untung Jawa village chief Eko Suroyo says the net is only moderately effective.

"Because there is so much trash we use this net to prevent trash from coming ashore. It doesn't always work, but at least we can minimize the amount of trash," the village chief said.

An average of 100 tons washes up on the island, he said, made worse every day by strong easterly winds that carry more rubbish from the bustling metropolis of nearly 10 million people, whose sewage system is almost non- existent. Eko says the situation has reached a crisis point.

"No wonder the mayor of Thousand Islands calls this an island of trash! Any kind of trash is available here," he said. "From mineral water bottles, instant noodle packages, sandals, and even a dead body. Yes, a dead body! Once we had two dead bodies floating ashore in the same week!"

The smell of rotting, salty trash fills the air in Untung Jawa even with the 11 official beach cleaners working hard all day.

"Sometimes we have to swim out into the water to collect trash. Sometimes there are jelly fish that sting us and sometimes I step on nails or glass. That's the risk involved of being a cleaning officer," said a beach cleaner named Ali.

Rusli, another beach cleaner on the island, which has a population of about 2,000, says tourists often ask him where the rubbish comes from. "The trash is constant. We've tried our best to clean the beach, and then another wave comes and brings more and more trash," he said. "I really worry about what the tourists think of our island."

Fellow rubbish collector Ali says it's bad for business. "Tourists complain whenever they want to swim or play water sports. They ask why there's so much trash on the island. I tell them it's not our trash, this is from Jakarta," he says.

For others, the waves of rubbish are an opportunity. Fifty-three-year-old Samin used to be a fisherman but now survives by collecting and selling bottles to local recyclers.

Samin makes just $1 per kilogram but his neighbor Numpati makes $150 a month by turning the trash into recycled handbags and laptop bags. "I just looked around to find new models and styles for my bags," Numptai said. "Recently I have been inspired by the bags I see actresses carrying."

Numpati said she learned how to make the bags in a government training session and now sells them to tourists, in exhibitions and even in the Netherlands. There are, however, mounds of rubbish on Untung Jawa that can't be recycled and most of it ends up in a government-run incinerator.

"We get up to 10 or 20 tons of trash a day, but I can only burn around one ton a day," said the incinerator operator, Suherman. "If I push the machine too hard, it breaks. So after working for one hour I give it a rest for about half an hour and then start it up again"

With the constant waves of trash, village chief Eko says the governments of Jakarta and West Java should do more to stop the rubbish at the source.

"I don't ask too much, just prevent the trash coming to our island. If it stops, we can grow our tourism industry. These provinces have to take this seriously. We have to change our mind-set; the ocean is not a huge trash can. Oceans and rivers are our future."

Fire razes protected forest in North Sumatra

Jakarta Post - July 21, 2011

Apriadi Gunawan, Karo, N. Sumatra – Fire has destroyed hundreds of hectares of protected forest over the last three days on the slopes of Mount Sipiso-Piso, located near the Lake Toba resort area in Tongging village, Merek district, Karo regency, North Sumatra.

As of noon Wednesday, there was no sign of the fire abating. The fire is believed to be sparked by people intending to clear the forest. A limited number of fire trucks and rough terrain hampered firefighting efforts.

Strong winds contributed to the quick spread of fire, which has spread to nearby residents' farms.

Local resident Sinar Munte said the forest fire began on Tuesday. He said many residents feared the massive fire could threaten their farms.

"We are afraid the fire will quickly spread to our farms. There is no sign the fire will recede as of now," said Sinar, adding residents living around the area did not have the resources to help douse the fire.

Sinar added residents believed it was sparked by particular parties who wished to clear land for plantation.

Sinar said forest fires were an annual occurrence in the mountainous area, especially during the dry season.

"Forest fires take place almost every year but the government seems incapable of overcoming the problem," he added.

Head of the Karo Firefighting Unit, Suang Karo-Karo, said that his unit had dispatched several fire trucks to the fire site, and acknowledged that his men were facing difficulties extinguishing the flames.

"The fire is out of control, while we only have equipment that can douse the outskirts of the fire," said Suang.

The Indonesian Forum for the Environment (Walhi) North Sumatra chapter executive director Syahrul Isman alleged that the fire was intentionally sparked by certain parties to make way for new plantation.

"Such a mode of operation is common because it is cheap and quick. Forest destruction from fires is detrimental to the sustainability of flora and fauna," Syahrul said.

He added that Walhi was puzzled that the government had turned a blind eye to the recurrent fires on Mt. Sipiso-Piso. He said the current forest fire reminded him of a fire in the same location two years ago that damaged 300 hectares of protected forest.

"The government should take a firm stance and have the courage to address forest fires on and around Mt. Sipiso-Piso, failing which the protected forests will deplete in the not-too-distant future," said Syahrul.

Hotspots detected in the country's land and forest area have grown in number over the last few days as people and forest companies began land clearing amid the absence of law enforcement, activists warn.

WWF Indonesia recorded hotspots hit the highest number ever with more than 1,519 as of July 15, 2011, mostly in the provinces of Riau, North Sumatra, West Kalimantan and Central Kalimantan.

"It is likely that smoke from land and forest fires in Indonesia will hit Malaysia and Singapore. It is only a matter of time unless the government takes serious action now," Hariri Dedi, head of forest fire management at WWF, said late last week.

WWF detected some 1,960 hotspots in the whole month of June, from 1,113 the previous month.

Health & education

Children call for anti-tobacco, anti-alcohol campaign

Jakarta Post - July 24, 2011

Arya Dipa, Bandung – Indonesian children voiced their health concerns by urging the government to increase cigarette prices and intensify anti- tobacco and anti-alcohol campaigns.

The demand was conveyed during a congress in Bandung on Saturday in commemoration of the National Children's Day.

On behalf of 300 participants, Rizky Aulia from Jambi and Kurdiyan from Lampung read seven recommendations from the four-day congress. "We wanted the regional administrations to establish no-cigarette zones in public places," they said.

The children also demanded the government guarantee free health coverage for children nationwide and improve facilities for all schools "regardless the status of the schools, either public or private".

The children also called for improvement of information and technology facilities, especially in isolated areas across Indonesia. "We want the government to protect children from exploitation and violence," they said.

The children hoped that the government would establish a national communication forum so they could stay in touch with their peers from various regions.

The declaration had been scheduled to be read before President Susilo Bambang Yudhoyono during the national celebration in Ancol, North Jakarta. However, the planned reading was dropped due to the President's schedule.

The national commemoration itself was finally officiated by Vice President Boediono while Yudhoyono attended his Democratic Party national coordinating meeting in Sentul, south of Jakarta. The schedule change resulted in the boycott of the celebration by the National Commission for Child Protection.

"The declaration had been made by the children during the congress and it would have taken only five minutes to read it," said commission chairman Arist Merdeka Sirait when describing the reasoning behind the boycott.

The declaration was also scrapped last year only minutes before the designated time. Commission advisory council head Seto Mulyadi said at the time that the dismissal was due to the children's critical opinions regarding smoking restrictions.

During the celebration in Ancol, Boediono pointed out that Indonesia had not been successful in lowering the infant-mortality rate. "The government should improve health services," he said, as quoted by Antara news agency.

This year's commemoration was also aimed at raising awareness of children's rights and the importance of "holistic integrated" child development to ensure children's welfare and protection.

The government has been criticized by several organizations, including UNICEF. UNICEF said that there are no cities in Indonesia that have complied with its "child friendly city" criteria, adding that the closest to compliance was Surakarta, Central Java.

Among other conditions dictating fulfillment of child rights include services that support child growth, supporting child participation in the family, community and society.

The Australian Embassy in Jakarta also commemorated the day, addressing the juvenile justice system as one of the main challenges. In hopes of improving the system, the embassy has funded six organizations focusing on child rights.

Under Indonesia's prevailing system of law, child offenders are often tried as adults. "As is the case anywhere in the world, child offenders should not be treated the same as adult criminals. The system needs to protect their well-being," Australia's deputy Indonesia mission chief Paul Robilliard said.

The embassy has funded the Indonesian Legal Resource Center, the Jakarta Legal Institute, the Indonesian Legal Institute, the Children's Legal Aid Institute in Aceh and the Child Protection Agency in East Java to help ease problems faced by child offenders. (lfr)

Politicians side with tobacco industry: ICW

Jakarta Post - July 20, 2011

Jakarta – The Indonesia Corruption Watch (ICW) has accused politicians, community leaders and local governments of being in thrall to the tobacco industry to perpetuate the industry's interests.

ICW director of public services Ade Irawan said the ICW suspected some cigarette companies of holding sway over politicians and local officials in Malang, Kediri and other cities in East Java.

"The Malang regional head had a non-formal agreement with the tobacco industry during the election in order to oblige the employees to vote for him," he said during his presentation at the Alliance of Independent Journalists' (AJI) workshop in Central Jakarta recently.

AJI was organizing a workshop titled, "Revealing relations between politicians, the government and the tobacco industry", and would give Rp 20 million (US$2,342) in fellowships to journalists to investigate the relations between the government and the tobacco industry.

Ade said the relationship patterns between the industry and the government included campaign donations, additional salary and new facilities.

Regional head candidates in Kudus, Central Java, were visiting tobacco companies during the election period to support them in their campaigns, he told the workshop's audience.

He added that all subdistrict heads in Kudus were getting an additional salary of up to Rp 2 million per month.

Kudus is known as "Kretek City" because about 75 percent of the population of 800,000 are employed by the kretek (clove cigarette) industry, and there are almost a quarter of a million workers – almost all of them women – who hand roll the cigarettes.

The industry also had special relations with religious figures and universities. "The industry often finances medical checkups for religious figures," Ade said.

According to information released by AJI, even the newspaper of the Democratic Party and President Susilo Bambang Yudhoyono, Jurnal Nasional, was financed by one of the family members of the largest Indonesian tobacco company, PT Sampoerna Tbk.

In return, the industry wanted the government to form regulations in favor of the industry. "For example, some regional heads were issuing permits to convert farmland into tobacco fields," Ade said.

Coordinating People's Welfare Minister, Agung Laksono, last May said the government would not approve the new draft of a government regulation on tobacco control in the near future.

Agung confirmed that the government would not make regulations that could harm specific community groups, in this case the tobacco industry, employees and the farmers.

The draft regulation is an implementation of the 2009 Health Law that mandates tobacco products are addictive substances that require further monitoring.

The Indonesian cigarette industry contributed about Rp 57 trillion in taxes to the government in 2010 and accounted for almost 1 percent of the country's GDP, a sharp increase from the Rp 55 trillion in 2009 and Rp 36 trillion in 2006.

According to the National Social and Economic Survey, the number of smokers in Indonesia reached 80 million in 2010, up from 34 million in 1995.

The survey also revealed that smoking among young men aged 15 to 19 years old increased to 38 percent from 17 percent during the previous period. (drs)

Concern in Indonesia over withdrawal of AIDS drugs

Jakarta Globe - July 20, 2011

Dessy Sagita – As someone living with HIV, Chacha said he was concerned by reports suggesting his much-needed antiretroviral medication may soon be harder to come by.

Chacha, not his real name, said he feared that potential changes to the supply of some patented antiretroviral drugs, which are provided free of charge or generously subsidized at many hospitals, would make them even more difficult to obtain.

"I've experienced it once before when stocks ran out at the hospital in Serang [in Banten province] where I usually get my ARVs," he said on Tuesday. "So I had to borrow the medicine from a friend."

Although people living with HIV/AIDS commonly borrow medicine from one another in Indonesia, Chacha said it was not something he wanted to do.

"If you borrow money from your friend and pay it back on time, they probably won't mind that much," he said. "But when it comes to ARVs, the other person needs the medicine as much as you do, so you can't afford to not repay them on time."

Chacha's concerns, and those of thousands of other Indonesians – UNAIDS estimates that there are 300,000 people living with HIV in Indonesia – stem from a report released on Monday by humanitarian aid group Medecins Sans Frontieres.

MSF reported that some major pharmaceutical companies had "abandoned HIV drug discount programs in middle-income countries," including Indonesia.

"Tibotec/Johnson & Johnson exclude all countries classified as 'middle- income' from their price reductions; Abbott excludes low-income and lower middle-income countries from discounts for one of its drugs; and ViiV (Pfizer GlaxoSmithKline) no longer offers reduced prices to middle-income countries," the group said in a press release on its Web site.

"In a reversal, Merck has now announced that it will no longer issue price discounts for 49 middle-income countries for its new drug raltegravir. This move leaves out countries with large numbers of people living with HIV/AIDS, such as India, Indonesia, Thailand, Vietnam, Ukraine, Colombia and Brazil.

"This development comes on the heels of a number of developing countries being excluded from last week's agreement between drug company Gilead and the new Medicines Patent Pool, which aims to increase access to affordable ARVs by negotiating licensing that can be used by generic manufacturers."

Rico Gustav, treatment and advocacy officer for the Bangkok-based Asia Pacific Network of People Living with HIV/AIDS (APN+), said a potential price increase would severely affect access to ARVs and put patients in an even worse predicament, especially in Indonesia, where many of those living with HIV/AIDS were underprivileged to begin with.

"We do appreciate the intellectual property concerns of these pharmaceutical companies, but ARV sustainability is a major public health issue, and interrupted supply could cost someone their life," he said.

Rico added that APN+ and other international HIV/AIDS advocacy groups would push the United Nations to take a stand to protect the stability of HIV drug prices. "We have to come up with a solution that will benefit the pharmaceutical companies without jeopardizing the lives of millions of people living with HIV/AIDS," he said.

Aditya Wardhana, a prominent HIV/AIDS activist, blamed the uncertainty over ARV supplies on the low domestic production of generic drugs.

"Why can't Kimia Farma produce the drugs in larger volumes for the whole country, so we don't have to depend on donors and imported drugs?" he said, referring to the country's largest state-owned pharmaceutical company. "If the major producers stop the discount programs, prices will skyrocket and the even stability of supplies will be uncertain."

He stressed that ensuring ARV sustainability was key to stopping the spread of HIV infections.

"People are so caught up in developing HIV/AIDS cures, but they overlook the fact that routine ARV treatment prevents new infections, even better than condoms." Sri Indrawati, the Health Ministry's director general for pharmaceuticals, said only, "There have been no holdups so far in the supply of ARVs, but we will see how it goes."

Chacha, meanwhile, said that if the new policy did result in a long-term shortage of free or subsidized ARVs, he would have no choice but to pay for more expensive patented ARVs.

"I'm only a social worker, I have a wife and a young daughter," he said. "I can't afford to spend millions of rupiah each month just for my medicine."

Gender & sexual orientation

Amnesty urges police to investigate attack against transvestites

Jakarta Globe - July 19, 2011

Dessy Sagita – A global human rights group criticized Jakarta police for its failure to investigate the attack on a human rights training session for a group of transvestites in Depok, West Java, last year.

In an open letter to Jakarta Police Chief Inspector General Untung Suharsono Radjab, Amnesty International's Asia Pacific Deputy Director Donna Guest expressed her concern over the police's slow investigation into the case and failure to prosecute those who were involved in the attack.

Guest said in a statement that Amnesty International is concerned that the Indonesian authorities may not have taken adequate steps to prevent or stop the attacks in April 2010. Video footage taken during the attack clearly showed some police officers were present when the attack began but did not do anything to stop the Islamic hard-liners from forcefully dissolving the training session.

Amnesty International demanded the police conduct a thorough investigation and prosecute the perpetrators immediately as the incident was an affront to human rights principles.

Sr. Comr. Baharuddin Djafar, a spokesman for the Jakarta Police, said any group has the right to express its opinion of or concerns about police performance.

"It's an old case, so I have to look into it first to know how far the case has developed, but Jakarta police always does its best to solve any case," he said.

In May 2010, a group of transvestites attended a civil rights training session at the Bumi Wiyata Hotel in Depok. The event was sponsored by the National Commission on Human Rights (Komnas HAM).

Police were unable to stop a group of Islamic Defenders Front (FPI) hard- liners from bursting into the room where the training session was being held, panicking about 25 transsexuals present and forcing the civil-rights training session to shut down.

The FPI's Depok chapter head, Idrus Al-Ghodri, said the training should be halted because it recognized the transsexual community. Idrus said his organization also believed the organizers had not asked permission from local community leaders, the Depok city authorities and the police.

Graft & corruption

Petty corruption is alright: Senior prosecutor

Jakarta Post - July 21, 2011

Jakarta – East Kalimantan Prosecutors Office head Faried Harianto said on Thursday that petty corruption is acceptable and should not be investigated. He urged all public officials to play smart so as not to be caught.

"[Public] officials should be smart, don't let it [corruption] be detected. I am not saying it is allowed. Law enforcers should be wise; petty corruption is alright. A little mark up shouldn't be a problem," Faried said as quoted by tribunnews.com on Thursday.

He was talking at a briefing titled "Corruption Prevention Efforts" in front of Berau administration officials.

He said his office would only handle corruption cases involving large sums of money. He said to investigate such small cases would cause state loses. "In the Corruption Court, the operational fees of prosecutors can reach hundreds of millions of rupiah to attend a trial in Samarinda.

If the corruption took place in Berau for example, the prosecutors would need to go back and forth to investigate and interrogate witnesses, whereas the corruption amount is only Rp 20 million," he said.

Kontras says no to death penalty in corruption bill

Jakarta Post - July 20, 2011

Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) has called on the Law and Human Rights Minister to eliminate the death penalty provision in the anti-corruption bill (RUU Tipikor) currently in deliberation.

Kontras cited that the Law and Human Rights Minister Patrialis Akbar said on Tuesday that death penalty for corruption was stipulated in the bill.

Kontras said the death penalty did not respect the right to life and would be ineffective as a corruption deterrent. It said the clause would also hinder efforts to repatriate corruption fugitives hiding abroad, as well as their assets.

"The failure of the handling of corruption cases in Indonesia is because of politics as well as the bad service and bureaucracy of the Indonesian legal system," Kontras Coordinator, Haris Azhar, said on Wednesday.

Kontras proposed improved law enforcement and property reporting for public officials to combat corruption in Indonesia. (rcf)

KPK, finance ministry chase down tax-dodging fuel firms

Jakarta Globe - July 19, 2011

Ulma Haryanto – Indonesian Antigraft officials revealed on Tuesday that they were working with the Finance Ministry to attempt to recover Rp 1.6 trillion ($187 million) owed in unpaid taxes by 14 oil and gas companies.

"We will summon any government officials from whom we need information," said Busyro Muqoddas, the chairman of the Corruption Eradication Commission (KPK). "Our research and prevention department is continuing to assess ways to recover state assets."

The probe, focused for now on the tax office, was based on a meeting last month with Hadiyanto, the Finance Ministry's director general of state assets, regarding the recovery of funds owed to the state.

Busyro said the KPK had so far identified Rp 1.6 trillion owed by 14 oil and gas operators, but the nongovernmental Indonesia Corruption Watch claimed on Monday that 33 such firms had racked up $583 million in back taxes since 2008.

Asked about the difference, the KPK chairman said the probe was still in progress. "We're still studying the industry and ways to improve the [revenue collection] system," he said.

Firdaus Ilyas, ICW budget coordinator, said the watchdog's investigations were based on 2010 data from the Supreme Audit Agency (BPK). He said operators tended to refuse or dispute payment because of the number of different ways that the tax calculation could be interpreted.

"Even though the formula for calculating the tax is simple, it's up to the government to show the political will to go after these tax arrears," he said.

He called on the KPK to fully investigate the case. "In the midst of depleting oil and gas reserves, the KPK has to supervise and follow through if they find any [attempted bribery of tax officials by the companies] in the settlement of tax liabilities."

ICW chairman Danang Widoyoko added that the government should use its power over the oil and gas firms to recover the unpaid taxes. "It's possible that foreign pressure or corruption is weakening the government's bargaining position," he said. "The KPK needs to see what's behind this tax problem."

Denny Indrayana, a member of the Judicial Mafia Eradication Task Force, agreed that tax regulations needed to be better enforced, given the importance of oil and gas taxes as a source of revenue for the state.

"The KPK, the task force and tax investigators routinely communicate with one another other," he said. "Our goal is that whenever there's a violation, we can act immediately."

He also said he was satisfied with the work of the tax department under Finance Minister Agus Martowardojo and his predecessor, Sri Mulyani Indrawati. "But the tax system is not perfect yet. It needs improvement," Denny added.

The tax office has been under a cloud after the case of Gayus Tambunan, a former mid-ranking official, revealed massive fraud and a deeply ingrained network of brokers and officials accommodating corporate tax cheats in exchange for bribes.

Nazaruddin officially fired from Democratic Party

Jakarta Globe - July 18, 2011

Markus Junianto Sihaloho – Corruption fugitive Muhammad Nazaruddin has been fired from the Democratic Party.

Democrat Ramadhan Pohan confirmed that President Susilo Bambang Yudhoyono, the party's advisory board chairman, had agreed to the course of action.

Ramadhan also rejected a claim by Nazaruddin that he had already resigned from the party. "We haven't received any resignation letter from Nazaruddin."

Nazaruddin, who fled to Singapore on May 23, has been implicated in several corruption cases. He is being sought primarily for his role in a graft scandal involving the construction of the Rp a Rp 200 billion ($23.4 million) athletes' village in South Sumatra for November's Southeast Asian Games.

For helping a bidder win, he allegedly received a 13 percent cut, or about Rp 26 billion.

Terrorism & religious extremism

Frightening portrait emerges of a school in a web of terror

Jakarta Globe - July 23, 2011

Nivell Rayda – Its controversial leader, Abu Bakar Bashir, has been locked up inside a heavily fortified detention facility in Jakarta, but hard-line group Jemaah Ansharut Tauhid seems to have been anything but aimless without him.

About 1,700 kilometers away from Bashir's jail cell, hidden behind the walls of the Umar bin Khattab Islamic boarding school in the district of Bima, West Nusa Tenggara, his radical views were apparently alive and kicking.

As more details about the school have come out in the last few days, the emerging picture raises questions about just how much sway Bashir's ideology still has and how far it has spread.

Law enforcement officials believe a plot was brewing inside the school to attack the police, who many of Bashir's followers hold responsible for what they see as their leader's unjust arrest and conviction.

Inside the school's compound and in the surrounding area, police have found dozens of pipe bombs, eight Molotov cocktails and a stash of swords, arrows and machetes. Police also discovered maps of a local police station and details about its security system.

The school first garnered national media attention on July 2 – just two weeks after Bashir was convicted for supporting a terrorist training camp in Aceh – when a student was accused of killing a police officer.

Sixteen-year-old Sa'ban Uma allegedly pulled out a bayonet and stabbed First Brig. Rokhmad Syaiffudin repeatedly, killing the 29-year-old instantly. Sa'ban claimed to be a member of JAT, and JAT officials confirmed that the school was affiliated with the group.

Less than two weeks later, an explosion in Umar bin Khattab's compound killed the school's treasurer, Firdaus. The blast was believed to have been caused by a homemade bomb that detonated prematurely.

It is difficult to say exactly what the 45 students – most in their teens – were learning at the school, but it was evidently more than Koranic verses.

"JAT is like a stopover for former militants with agendas of propagating jihad," terrorism analyst Noor Huda Ismail said. "As a legitimate organization, it is more far-reaching than Al Mukmin."

He was referring to Bashir's school in Ngruki, Central Java, which is believed to be a recruiting ground for militants and has been linked to the Jemaah Islamiyah terrorism network.

"We have guys like Uqbah visiting the school, people like Abu Tholut, preaching to the young about jihad, and yes, Bashir himself too," Ismail said. "These die-hard militants and recidivists have toured the country visiting JAT-affiliated schools."

Police have so far arrested nine people, including the school's principal, Abrory M. Ali. On Monday, a police source said Abrory had confessed to taking part in a paramilitary training camp led by wanted fugitive Santoso, alias Abu Wardah, the alleged mastermind behind a shooting that killed two police officers in Central Sulawesi in May.

The police source said Abrory learned how to use weapons and build bombs at the camp in Poso, Central Sulawesi.

Abrory took over the school after his predecessor, Mujahidul Haq, also known as Uqbah, was arrested last December for raising funds for the terrorist training camp in Aceh. Uqbah, a member of JAT, was arrested in Bima. Uqbah and Abu Tholut are being tried for the Aceh camp case.

Tholut was convicted for his role in a 2001 bombing at a shopping plaza in Central Jakarta that wounded six. He served five years of an eight-year sentence before being released for good behavior. Tholut also saw combat in Afghanistan and helped train Islamist militants in the southern Philippine region of Mindanao.

"Police should monitor other schools affiliated with JAT," said Taufik Andrie, a terrorism expert at the Institute for International Peace Building.

"Abu Tholut, Uqbah and Bashir are shifting their tactics from secretly recruiting people and training them to be combatants to teaching radical ideologies," he said. "You can't charge someone for teaching an ideology, but the concept of jihad is instilled in the minds of their students."

Taufik said that Tholut used to have a fixed preaching schedule at a number of schools and mosques associated with JAT. "There's Bima, another one in Bekasi [West Java], Surabaya [East Java], Solo [Central Java] and Palu [Central Sulawesi]," he said.

A team from the National Police counterterrorism unit is pursuing two men suspected of constructing explosives inside the boarding school in Bima. "We are hunting Anas and Hari. Both of them were bomb makers together with the late Firdaus," Insp. Gen. Anton Bachrul Alam, a spokesman for the National Police, said on Thursday.

When Bashir was convicted last month, his followers vowed to continue his teachings. "Densus [88], God's wrath be upon you," JAT members shouted after the verdict, referring to the National Police's elite counterterrorism unit.

But since the blast in Bima and subsequent police raid, JAT has tried to distance itself from acts of terrorism. "Abrory left JAT years ago and so has Abu Tholut," said the group's spokesman, Sonhadi.

On Thursday, Abrory's lawyer, Achmad Michdan, said the allegations against his client were "trumped up" and claimed that reports indicated the school blast had involved a stove, not a bomb. "There were no damaged walls, no hole in the floor, no collapsed roof parts," he said. "We suspect this is all engineered."

[Additional reporting by Farouk Arnaz.]

Government responsible for spread of religious radicalism: OIC

Jakarta Post - July 22, 2011

Jakarta – Independent Permanent Human Rights Commission of the Organization of the Islamic Cooperation (OIC) from Indonesia representative Siti Ruhaini Dzuhayatin said Islamic radicalism in Indonesia is not merely the responsibility of Muslims.

"The government should also be held responsible over the spreading of religious radicalism in this country, for they have failed to provide state welfare. Poor people are more easily dragged toward radicalism," she said.

She added that among the key players that could contribute to reducing radicalism was the House of Representatives. "When the House manages to do its work, then the possibility of reducing radicalism is huge," she said.

OIC is an international organization consisting of 57 member states. The organization attempts to be the collective voice of the Muslim world (Ummah) in its efforts to safeguard the interests and ensure the progress and well-being of all Muslims.

OIC, the second largest international organization after the United Nations, was established in Rabat, Morocco, in 1969.

Dozens of bombs found in Indonesian boarding school

Agence France Presse - July 19, 2011

Police found more than two dozen home-made bombs in eastern Indonesia following an explosion last week inside an Islamic boarding school suspected of being a bomb factory, a spokesman said on Tuesday.

After the blast that killed a suspected terrorist, police raided the Umar bin Khatab school in West Nusa Tenggara province and ended a three-day standoff on Wednesday with students and teachers armed with swords, machetes and sticks. Police later found the home-made bombs, but did not say exactly when.

"The 26 pipe bombs were defused," national police spokesman Anton Bachrul Alam told reporters. "They planned to use the bombs to attack police stations."

Police said that the school was linked to radical cleric Abu Bakar Bashir, who was jailed for 15 years last month for funding a terrorist group that was planning attacks against Westerners and political leaders.

Most of Indonesia's 200 million Muslims are moderates, but the country has struggled to deal with a radical fringe of extremists who have carried out numerous attacks including the 2002 Bali bombings that killed 202 people.

Angry extremist group JAT says 'terrorist' tag is unfair

Jakarta Globe - July 19, 2011

Ulma Haryanto – Members of radical Muslim group Jemaah Ansharut Tauhid say they took offense at being labeled terrorists following a weekend incident in which residents of an East Java town vandalized property because they believed it was owned by the group.

Ahmad Arief, JAT's regional secretary for East Java, told the Jakarta Globe on Monday that police officers had repeatedly tried to frighten the public by labeling his organizations as hard-liners.

"In Surabaya and in Malang, officers went to the public and told them that our events are filled with hard-liners and terrorists," he said. "The mosques and the event organizers have become scared."

But Ahmad said his organization, which was founded by convicted terrorist Abu Bakar Bashir, would continue its work. "This is a test for us," he said. "People are slandering us by calling us terrorists."

His remarks came after dozens of villagers in Mojokerto went on a rampage, vandalizing a property they believed was the branch office of JAT.

"We don't want our neighborhood to be labeled a stronghold for terrorists, so we destroyed the fences so any activity in the lot would be visible to residents here," a villager, M. Imron, was quoted by Antara news agency as saying on Sunday. He said the residents also destroyed a shack on the property.

"So before a terrorist camp was established, we chose to destroy the place first so it wouldn't disrupt the peaceful environment here," Imron said.

Ahmad said the site was not JAT's branch office, but acknowledged the damaged property belonged to a former member. "It was not a JAT office, but rather it was a property owned by Sutrisno," Ahmad said, a former member of the organization.

Ahmad said he and several other JAT members went to the location on Sunday to investigate the case and said the attack was caused by a personal dispute. "It was triggered by a feud between Sutrisno and another resident named Ali Imron," he said.

Sutrisno's first wife is related to Ali, who provoked other residents when Sutrisno wanted to take a new wife, Ahmad said. The relationship between M. Imron and Ali Imron is not clear. "Sutrisno used to be an active [JAT] member until six months ago when he violated the organization's policy," Ahmad said.

Sutrisno told Antara he planned to run a business on the land and had no intention of setting up an Islamic school. "I can't accept the accusations by residents that we are involved in terrorist activities," he said.

NU's 'Densus 99' looks to take on the extremists

Jakarta Globe - July 18, 2011

Fidelis E. Satriastanti – The youth wing of the country's largest Islamic group announced on Sunday that it had formed a special unit aimed at countering radicalization and terrorist threats, and would even take up the job of defusing bombs.

The unit from Ansor, the youth offshoot of Nahdlatul Ulama, is called Banser Densus 99, short for Multipurpose Front Special Detachment 99, in a nod to Densus 88, the National Police's counterterrorism unit.

Nurson Wahid, Ansor's chairman, said with social problems leading to radicalization growing ever more complex, the group saw an urgent need to set up a group to address these issues.

"Densus 99 is tasked with educating the public and conducting prevention campaigns against radicalization," he said. "Densus 99 will also educate the public not to be provoked by radicals."

Nurson said the unit was initially started in Cirebon, West Java, but had since grown and now had branches in the Central Java cities and districts of Solo, Klaten, Sukoharjo, Sragen and Karanganyar.

"We're targeting to establish a Densus 99 branch in 17 regions," he said. "So far we only have 204 members with Cirebon still our largest branch. But in future, we expect to have 99 personnel in each region, which will be in accordance with the 99 names for God."

Nurson said Densus 99 would receive training from the police and develop skills such as martial arts proficiency and the ability to defuse explosive devices. But he added it would not go as far as launching raids against suspected terrorists.

"That's the job of Densus 88 to conduct raids or attacks," he said. "We're not going to do that. Our job is more of a self-security one. Our task is to enlighten the public and educate them. Our members include various people, mostly preachers and religious leaders, who will provide that education."

But Noor Huda Ismail, a security analyst from the International Peace Building Institute, criticized the formation of the unit, saying NU should be focusing on preventing its own Islamic boarding schools from being infiltrated by radicals, rather than taking up "confrontational tactics" with the establishment of Densus 99.

"It would be more effective for them to focus on the NU members who used to be devout, moderate Muslims but who have since become more radical," he said. "Any attempt to use force to counter radicals could prove to be a losing prospect."

Noor added that while all initiatives from civil society groups to prevent terrorism should be lauded, they needed to be accompanied by effective actions.

National Police spokesman Brig. Gen. Ketut Untung Yoga Ana agreed that the role of religious organizations in tackling terrorism was through education and deradicalization efforts.

"Only law enforcement agencies have the authority to enforce the law," he said, adding that police would not train civilians in specific skills such as defusing bombs.

Freedom of religion & worship

Ombudsman comes through for embattled Bogor church

Jakarta Globe - July 19, 2011

Chrestella Tan – The Bogor administration has been given 60 days to reopen the embattled GKI Yasmin Church, after a government oversight body declared the mayor guilty of "maladministration."

The Indonesian Ombudsman, which is tasked with overseeing public services, said Bogor Mayor Diani Budiarto must annul his previous decision to revoke the church's building permit.

"The Bogor mayor didn't show any commitment to implementing the Supreme Court ruling," said Budi Santoso, a member of the body. He was referring to a decision by the court that ordered the church's building site reopened.

"The measures taken by the Bogor mayor represent more of a sociological approach that is not related to the court's ruling," Budi added

The Bogor administration had issued a building permit for GKI Yasmin in 2006, but revoked it two years later, alleging that the church had falsified the signatures required to obtain it. Church members have been forced to hold services on the sidewalk ever since.

In December, the country's top court ruled in favor of GKI Yasmin, annulling the revocation. The city, however, refused to comply for fear that it would spark unrest, and instead offered an alternative location for the church. On March 11, the Bogor mayor revoked the church's building permit for a second time.

During a meeting on Monday with members of the Bogor administration, the West Java government and the Home Affairs Ministry, the ombudsman chastised the city for ignoring the Supreme Court ruling.

"This ignorance could be classified as negligence with regards to the law," Budi said. "Every action taken by the Bogor mayor must be in compliance with the Supreme Court decision." Budi added the mayor's decision to revoke the building permit in March could be classified as "maladministration."

The 60-day deadline to annul the decision is effective from Monday, Budi said. He added that the city government, the provincial government and the ministry were all bound to follow the ombudsman's recommendations.

Bambang Gunawan, the Bogor city secretary, said after the meeting that they were ready to implement the ombudsman's decision.

"God willing, we will follow up on this and try to implement this," he said. "And if we face any obstacles in implementing the recommendations later on, we will consult with the ombudsman. We'll try to do our best."

Under the 2008 Ombudsman Law, the Indonesian Ombudsman can report state agencies that fail to implement its recommendations to the president or the House of Representatives.

Obstructing investigations by the ombudsman is a crime that carries a punishment of up to two years in jail. The United Nations has written to the Indonesian government expressing "concern" about the increasing number of reports of violence and discrimination against religious minorities, specifically mentioning the GKI Yasmin case.

Governance & bureaucratic reform

Secured by the law, civil servants have 'the courtesy' to be lazy

Jakarta Post - July 18, 2011

Bagus BT Saragih, Jakarta – It is common knowledge that poor performance has been the major hindrance of government administration in Indonesia.

Civil servants, particularly those at regional levels or small offices, busy playing computer games or chatting with each other, have angered citizens who queue to wait for their services. Arriving late and going home early is also an everyday regularity.

The government has vowed reform since the fall of the Soeharto regime, during which civil servants were seen as another tool of authoritarian power.

Change, however, seems to be difficult than simply bringing down a dictator. More than a decade after the plug was pulled on the Soeharto era, civil servants are still the navel of inefficiency that has constrained and handicapped the country's progress.

University of Indonesia public policy observer Andrinof A. Chaniago said the country's bureaucratic culture is the first factor to blame for the poor work ethic of many civil servants throughout the country.

"The reform agenda must start from the recruitment system," he told The Jakarta Post on Saturday. "It is because the 'unreformed' system makes them feel secure in their jobs and disregard performance," Andrinof said.

Administrative Reforms Minister E.E. Mangindaan recently announced that at least 88 state bodies are under evaluation regarding poor performance, potentially causing Rp 14.9 trillion (US$1.74 billion) in 2010 in state losses, because most of the funds were allocated to pay salaries.

Among the institutions cited are the Indonesian Sugar Council and the National Aeronautics and Space Council.

A woman working for the Indonesia Sugar Council, whom the Post met at her office during work hours on Thursday may be a good example. She played down the plan that the council would be merged with the Agriculture Ministry because most of its functions were on the list of the ministry's jobs.

"Why should I worry? If I were a private worker, maybe I should – but I am a civil servant," the woman said while eating her meal at her desk.

Dismissal of civil servants before retirement only occurs under extraordinary circumstances. No Indonesian law or regulation cites any possibility of dismissing a civil servant deemed to be performing poorly or having failed to meet minimal competency standards.

The 1999 State Employment Law stipulates that a civil servant who is charged with a criminal offense carrying punishment of more than four years in jail, or is absent for six months without explanation, can be dishonorably dismissed.

The law also says that a civil servant can be honorably dismissed if he or she has a physical or mental problem, or due to "restructuring of state bodies".

The law refers to the obsolete 1979 Government Regulation on Dismissal of Civil Servant, which has actually been revised in 2008, but only on the articles about pension age, for elaboration to those points.

According to the regulation, if a reorganization of state bodies leads to a budget windfall for civil servants in a certain unit, the government moves to reallocate excess to other units.

If such movement is not possible, indulgent civil servants can be honorably dismissed while reserving rights to pension payments. In most cases, however, civil servants living in blatant excess are almost never dismissed, Andrinof said.

Based on that precedent, the closure and merger of low-performing, non- structural bodies may not significantly save many state funds, as most members and staffers of such bodies are civil servants who will very likely be moved to other state work units. Andrinof said he could understand if terminations would not significantly cut state expenditures.

Andrinof approved Mangindaan's decision and suggested that the move be followed with reforming other aspects of the bureaucracy reform agenda.

Andrinof also said a plan to temporarily stop civil servant recruitment recently announced by Finance Minister Agus Martowardojo would not necessarily lead to better and more effective governance.

"A moratorium on civil servant recruitment is OK, but it must be followed by reforming the recruitment system," he said, citing that even today, many still rely on connections and bribes to be hired as civil servants.

Golkar Party lawmaker Chairuman Harahap said the House fully supported the government's bureaucratic reform efforts. He also shared Andrinof's opinion, saying that "restructuring state organizations must not be done partially".

Ganjar Pranowo of the Indonesian Democratic Party of Struggle (PDI-P) said that stopping civil servant requirements should exclude the education sector. "It is fact that many schools are still lacking teachers."

Government bodies

Four nonstructural bodies to be closed

1. Interdepartmental Committee in the Forestry Sector
2. National Book Council
3. National Regulatory and Management Body for Housing and Settlement
4. Coordination and Management Body for Improving the Social Welfare of Disabled People

Six nonstructural bodies to be merged with other bodies:

1. National Committee for the Elimination of the Worst Form of Hazardous Work among Children
2. National Law Commission
3. Indonesia Sugar Council
4. Integrated Economy Regions Development Board
5. National Aeronautics and Space Council
6. Indonesia Development Council of the Eastern Region

Other nonstructural bodies:

1. The National Commission for Elderly People
2. Poverty Eradication Committee
3. Regional Autonomy Advisory Council
4. Food Security Council
5. National Research Council
6. Indonesia Maritime Council
7. Kemayoran Area Management Board
8. National Film Advisory Board
9. National Committee for Measurement Units
10. Strategic Industry Development Council

[Source: Administrative Reforms Ministry, The Jakarta Post.]

Legislation & parliament

'Out of time' a familiar refrain from lawmakers

Jakarta Globe - July 23, 2011

Anita Rachman – House of Representatives Speaker Marzuki Alie was expected to read out a brief end-of-year report before the close of the plenary session on Friday – marking the end of this legislature's second year in office.

Instead, Marzuki, saying he was out of time, simply handed out copies of his speech, which noted the challenges faced by the House, and asked lawmakers to read it themselves.

Lawmakers had already come under fire at the start of their second year. From accusations of plain incompetence and laziness to serious corruption allegations, there was never a shortage of criticism and scandals involving the institution or its members.

In his speech, Marzuki conceded the public had a poor perception of the legislature. He was concerned, he said, about the results of a recent news poll that showed how little trust the public had in the House.

"The three functions of the House – budgeting, monitoring and legislating – are still viewed as not being optimal by the people," he wrote. The House's working performance, Marzuki said, was being monitored by the public, "especially the legislative function."

While he reasoned that the House, as powerful an institution as it was, still did not have enough structural and administrative support, he concluded that lawmakers should answer the challenges they faced.

Ignatius Mulyono, chairman of the House Legislation Body, argued that the legislature had actually shown an improvement in its second year.

In its first year, lawmakers only managed to pass 13 bills. "But in the second year, we passed 17 bills and three laws on budgets," Ignatius said. "Making laws is difficult, it's not like running a company here."

Ignatius said by the end of the year, the House was expected to pass 17 more bills, making it 35 for 2011, "much better than last year, although our target is 70 laws."

Ronald Rofiandri, from the Center for Indonesian Law and Policy Studies (PSHK), said that while the number of bills passed was indeed higher this year, there had not been a corresponding improvement in the quality of laws.

The problem, he said, was that there was still no limit on the amount of time allowed for deliberations and poor coordination between the government and House created delays.

Sebastian Salang, from the Concerned Citizens for the Indonesian Legislature (Formappi), said its second year should have presented a golden opportunity for the House to show the public it had improved on its lackluster first year. But they failed to do so.

"Since they've admitted their weaknesses in their report, I don't think it shows any progress from the first year, in legislation, monitoring and budgeting," he said.

Ronald said the House had been beset by political bickering, citing several occasions when party factions dug in their heels on important issues. "And people have doubts on their monitoring teams. There have been no concrete results," he said, referring to the committees looking into the tax mafia and Bank Century bailout.

Sebastian said he hoped for a significant improvement in the lawmakers' third year, "because after that, they will busy campaigning for the next election."

Ethnic & communal violence

Jakarta puzzles at weekend of brawls

Jakarta Globe - July 18, 2011

Zaky Pawas & Chrestella Tan – Parts of Jakarta resembled an urban battlefield over the weekend, with by far the worst outbreak of street brawling yet and damage caused across the city.

With at least seven separate street fights recorded in different areas of the capital on Saturday and Sunday, the recent spate of street violence seems to be escalating, and police now say they are at a loss as to how to contain it despite experimenting with CCTV cameras in trouble spots.

On Saturday night, two groups of high school students fought in front of the Bulungan Sports Hall in South Jakarta. "Both attacked each other with planks of wood. Three students were hurt," Jakarta Police spokesman Sr. Comr. Baharudin Djafar said.

More fights broke out early on Sunday shortly before 4 a.m., including at Jalan Raya Pasar Minggu in South Jakarta; Jalan Otto Iskandardinata in East Jakarta; Jalan Panjang Kebon Jeruk in West Jakarta; and Johar Baru in Central Jakarta.

In the Johar Baru incident, two groups of youths were seen pelting each other with rocks, bottles and planks of wood, then returned in the afternoon for a second round at about 5 p.m. "Even though there were remarkably no casualties, these fights did result in damage to private property and public facilities," Baharudin said.

The causes of the fights were still unclear on Sunday night, but the discomfort of the recent hot weather as well as the long-term effects of increased social friction from Jakarta's rapidly growing population and rising cost of living were all thought to be contributing factors in the recent escalation of street fighting.

So far this year, police have recorded at least 35 fights in Greater Jakarta: 20 in the city and 15 in Bekasi. Last year, there were a total of 74 cases, a jump from 16 in 2009, Baharudin said.

The worst of the fighting came just two weeks ago when a huge brawl involving scores of combatants armed with crude weapons and Molotov cocktails broke out near the busway shelter in Pasar Rumput, South Jakarta. Police had to use tear gas to control the mob during that incident.

Pasar Rumput in particular has seen frequent fights between members of rival communities separated by the West Flood Canal. Most of the riots are sparked by disputes over "trivial issues" such as football results, kite competitions and pigeon races, authorities have said.

In the wake of the latest violence, Jakarta Governor Fauzi Bowo ordered five security cameras installed in the area, similar to ones installed in Johar Baru. But these cameras have not yet been effective in preventing brawls, Baharudin said.

"It's because there is insufficient lighting at the location of the brawls, since they generally occur at night," he explained.

Baharudin said that to prevent the brawls, the police were conducting 24- hour patrols in the affected areas. "In Johar Baru, we have at least 10 police officers on guard," he said. "However, the sites of the brawls keep changing and tonight we have around 40 personnel on patrol."

Ganda Upaya, a sociologist from the University of Indonesia, said police had done too little to prevent the brawling. "They have changed their role into mediators. So instead of going through the proper legal process, they only settle for a truce between the brawling groups," he said.

According to Ganda, the incidence of riots was escalating in Jakarta because of a myriad of social problems, "from unemployment to poverty". "Jakartans have a fast-paced life, which causes friction. There are also a lot of groups forming, such as school A, B or C," he said.

Ganda said the members of these gangs focused on solidarity within their particular social group. "And then, either by social or financial status, they create exclusivity that stops them from accepting people from any other groups," he added.

"Surveillance cameras are useless when law enforcers are not firm enough. There should be tough legal sanctions. We also need to provide some social facilities that can help these youths do positive things."

Social security & welfare

Thousands rally to demand house pass social security bill

Jakarta Globe - July 22, 2011

Ronna Nirmala – Around 5,000 people rallied in front of the House of Representatives on Friday to demand lawmakers ratify pass the much- discussed and delayed social security bill.

The number was far lower than the 35,000 people labor leaders had earlier said were coming.

The thousands of protestors, drawn largely from the ranks of labor unions in the Greater Jakarta area, yelled, chanted and participated in a mass prayer in the hopes of convincing the House to pass the bill, which seeks to provide universal social security coverage.

President Susilo Bambang Yudhoyono and top House officials recently agreed to delay the passage of the important bill, saying that more time was needed to discuss it and iron out disagreements over several complex issues, including the merging of four state-run insurance agencies into one body.

Fajar Murdaningsih, a worker at Yamaha Music in Cibitung, West Java, said on Friday that she and 36 coworkers arrived in Senayan in a rented bus to show their dedication to seeing the bill, also known as BPJS, passed quickly.

"For a laborer like me, who has a limited salary, I cannot go to a hospital if I don't have money for a down payment. If I don't bring money they [hospital officers] won't serve me."

Fajar said that although her employer gave her insurance through the state-run Jamsostek scheme, the coverage was limited and prohibitively complicated to use.

Nuki Afriatno, a student from the University of Indonesia, was taking part in the rally as part of the struggle to secure the rights of future workers.

"As a member of the young generation, I have to join in defending the rights of many people," he said. "Moreover, I may be part of them in the next three years. I'm going to work also, so what I did today is for my future also."

During the middle of the rally, which started at around 10 a.m., Rieke Diah Pitaloka, a committee member from the Indonesian Democratic Party of Struggle (PDI-P) and migrant worker activist, emerged from the House building to show her solidarity with the protestors.

"I left the plenary because I heard there are thousands of people yelling in front of this building to voice their demands on the social security bill," she said to the crowd.

"There are so many parties who had promised their voters in elections years ago, promising that they would fight for laborers' rights, but then after they got the chairs in the DPR [legislature], they seemed to forget what they had promised to their voters, and I don't want to be like them. That's why I'm here."

Rieke also said that she would try to speak to House Speaker Marzuki Alie to convince him to speed up discussions on the bill.

Ministries afraid of losing their slice of pie: Legislator

Jakarta Globe - July 18, 2011

Markus Junianto Sihaloho – The main obstacle to the immediate passage of a long-awaited bill on social security is the government's reluctance to relinquish control of four lucrative state-owned insurers, a legislator said on Sunday.

Rieke Dyah Pitaloka, a member of the House of Representatives' special committee deliberating the bill on the Social Security Organizing Body, said the eight ministries involved in deliberations had yet to agree on a proposal to merge the four companies into one, called the BPJS, to manage social security.

"The ministries can't agree on the new structure of the BPJS," the Indonesian Democratic Party of Struggle (PDI-P) lawmaker said. "I think it's caused by the fact that they stand to lose control of the state-owned companies once they're merged into the BPJS."

She said the fact that the companies were each in charge of managing huge amounts of funding, which would slip out of the ministries' reach if the merger went through, was not lost on the House.

One of the companies, Jamsostek, which is in charge of insuring workers, managed Rp 98 trillion ($11.5 billion) in premiums in 2010, Rieke said. Two others – Asabri, which insures members of the armed forces, and Taspen, which covers civil servants – handle similar amounts of money, she said.

"But none of them is transparent enough to tell customers what they do with that money," Rieke said. "I have all the data that they've never published.

"How could they place their customers' money into Bank Century?" Rieke added, referring to the bank that was controversially bailed out in 2008 following massive embezzlement of customers' funds by bank executives.

By merging the state insurers into the BPJS, she went on, "the new management will run on clear regulations and will be transparent to the public."

Faisal Basri, an economist from the University of Indonesia, said the government was obliged to provide social security for all citizens.

He stressed that a social security system covering all citizens needed to be implemented immediately because it would insulate citizens from the negative implications of a progressively liberalized economic system.

Faisal added that universal coverage systems had already been in place in other countries for years now, meaning Indonesia had been left far behind.

He also criticized the government for treating social security as a heavy financial burden rather than an obligation. Such a system, he argued, could be started with only Rp 25 trillion in the first year, with progressively more funding made available over the next few years.

"I can't understand whyt he government has money to build a bridge over the Sunda Strait, but nothing for social security," he said.

Judicial & legal system

Judicial watchdog likely to get power to seek wiretap on rogue judges

Jakarta Globe - July 20, 2011

Anita Rachman – The Judicial Commission could soon have the authority to demand the tapping of the phones of errant judges after the House of Representatives voiced its approval of the proposed measure.

Tjatur Sapto Edy, the head of the House working committee tasked with deliberating amendments to the 2004 Judicial Commission Law, said on Tuesday that both the House and the government had agreed to strengthen the body and give it more authority to police the country's judges.

"Under the proposed amendments, the Judicial Commission can request a wiretap from law enforcement institutions on the phones [of judges implicated in ethical violations]," he said. "It will get full access to all information obtained from such taps."

He said the amendments were scheduled for passage at a plenary session of the House on Thursday. Before then, the working committee is expected to meet with Justice Minister Patrialis Akbar one final time to discuss the provisions, but Tjatur said there would likely not be any changes made in the meeting.

Under the amendments, the Judicial Commission would have to provide strong evidence of violations by the judges in question before it could seek a wiretap from either the police or the Corruption Eradication Commission (KPK).

The commission would also be required to inform the judge's court about the wiretap request – a requirement that legislator Eva Kusuma Sundari conceded could be counterproductive to what would be essentially a sting operation.

However, she said there would be an ethics council to monitor the entire process and ensure that courts did not try to intervene or tip off the judges to the request.

Eva said that the strong evidence required to seek a wiretap would help assure that innocent judges would not be spied upon. "We've opened the door to the Judicial Commission to better carry out its mandate," she said.

Judicial and antigraft activists have long called for the commission to be given greater powers to investigate and punish errant judges, including those suspected of taking bribes in return for favorable rulings or handing down unreasonably light or heavy sentences.

Police & law enforcement

Public think police are corrupt, thugs: Survey

Jakarta Post - July 20, 2011

Jakarta – A survey conducted by the human rights watchdog Imparsial found that there is a widespread public perception that the police frequently use torture as a weapon against suspects and convicts.

The results of the survey indicated that 49.4 percent of 500 respondents in Jakarta believed that the police tortured people.

Imparsial researcher Gufron Mabruri said that the one-to-one interviews with respondents showed that "the police had yet to successfully eradicate their brutal image". "The respondents say that they still hear stories about torture by police during investigations," he said.

The police are most brutal when handling civilians who have been found guilty, he said, adding that "criminals should also be treated properly".

He said the reports of torture showed that the police had yet to reform themselves and create a new image as protectors of civilians and enforcers of human rights. This behavior breached the United Nations Convention against Torture, which had been ratified by the Indonesian government in 1998, Gufron went on.

Apart from violating human rights through torture, 40 percent of the respondents also said that the police were too slow in dealing with sectarian, ethnic, racial and inter-group issues.

Most respondents rated police performance on human rights issues as far from satisfactory, but their main criticism was of the police force's failure to eradicate corruption.

Recently, the public has been strongly demanding that the police move more quickly in investigating high-ranking police officers whose bank accounts allegedly contained billions of rupiah.

According to investigative media reports, the "fat" bank accounts from unknown sources indicate that police are colluding with state officials in corrupt practices.

Another Imparsial researcher, Cahyadi Satriya, said that 74.8 percent of respondents stated that the police were major perpetrators of corruption. "After years of struggling to show itself as a better state institution, the tainted image of the police as a corrupt body remains," he said.

The survey reported that only 11.20 percent of respondents believed that the number of corrupt practices inside the institution had decreased.

Apart from high-level corruption cases involving billions of rupiah, Cahyadi said that the most common form of corruption in the police force centered on the issuance of driver's licenses. The survey indicated that 75.80 percent of all respondents said they had encountered corruption in this service.

The survey, which was conducted through a multi-stage random sampling process between June 17 and July 4, showed that 61.2 percent of respondents were dissatisfied with many aspects of the police's performance. The margin of error for the survey was estimated at 4 percent.

Imparsial senior researcher Rusdi Marpaung said that public dissatisfaction with the police should be taken seriously by the institution. The survey reported that 86.80 percent of respondents believed that police officers should get more anti-corruption education and 83.60 percent said the officers should get more human rights training. (lfr)

Better protection promised for whistle-blowers

Jakarta Globe - July 20, 2011

Ulma Haryanto – In a rare display of unity, top law enforcement officials on Tuesday agreed to give better protection to whistle-blowers, recognizing them as an integral part of the country's fight against crime, especially corruption.

Abdul Haris Semendawai, the chairman of the Witness and Victim Protection Agency (LPSK), said it was important to discuss a system of rewards so that people were "willing to cooperate with law enforcers to punish greater crimes."

Supreme Court Chief Justice Harifin Tumpa, National Police Chief Timur Pradopo, Justice and Human Rights Minister Patrialis Akbar, Attorney General Basrief Arief and Corruption Eradication Commission (KPK) chairman Busyro Muqoddas joined Abdul to sign a statement on the protection of whistle-blowers.

Providing security for whistle-blowers is important in order to uncover corruption and other serious or organized crimes such as terrorism, money laundering or illegal logging, Abdul said.

"The Supreme Court will issue a directive soon, and based on a presidential instruction, there will be a joint ministerial decree by December 2011," he said. "The Supreme Court's directive will refer directly to Article 10 of the 2006 Law on Witness and Victim Protection," Harifin said, explaining that the article allowed judges to demonstrate leniency for whistle- blowers.

Denny Indrayana, secretary of the Judicial Mafia Eradication Task Force, which also attended the meeting, added that his team, together with the LPSK, used the opportunity to push for a revision of the 2006 law. "Through the joint agreement and an international seminar we hope that we have helped law enforcement officials understand the issues and speed up the revision process," Denny said.

Abdul said that revision of the law would include details on reduction of sentences, such as pardons or parole, appropriate treatment for defendants and the criteria to be fulfilled to be considered a whistle-blower.

"The Supreme Court is responsible for providing recommendations to the president on pardons," Harifin said. "We will provide recommendations on whistle-blowers based on their role. We are still drafting the directive, hopefully it will be ready in August."

Patrialis, meanwhile, said his ministry would do all it could to strengthen the legal protection of whistle-blowers. "The ministry will push for the revision of the law to be included in the 2012 Prolegnas [National Legislation Program]," he said. "The president has also given a serious attention to this matter."

The Justice and Human Rights Ministry, Patrialis said, would also push for a revision of the Criminal Procedural Code to ensure whistle-blowers received special treatment in court. Abdul said the LPSK was in the process of seeking leniency for the whistle-blower in the Miranda Goeltom Bank Indonesia bribery scandal.

The man who went public in the case, Agus Condro Prayitno, a former lawmaker from the Indonesian Democratic Party of Struggle (PDI-P), is serving a 15-month jail sentence for accepting a bribe in exchange for voting for Miranda as a Bank Indonesia deputy governor in 2004.

"He has requested to be detained somewhere close to his family, which is in Central Java," Abdul said. "We have also frequently conveyed our recommendations to the Justice and Human Rights Ministry for a remission."

AGO punishes 118 prosecutors since January

Jakarta Post - July 19, 2011

Jakarta – The Attorney General's Office (AGO) has dismissed and demoted 24 prosecutors and 94 others were punished for abusing their authority, lack of discipline or other violations.

"They have demonstrated a lack of discipline and have abused their power, among other violations," Deputy Attorney General Darmono said on Monday as quoted by tempointeraktif.com while speaking during a hearing with the House of Representatives Legal and Human Rights Commission.

Darmono explained that the 118 prosecutors who were punished were involved in 19 cases of insubordination, 129 cases abuse of authority and 11 cases of "disgraceful" acts. For those cases, 13 prosecutors were demoted and 11 were dismissed.

Darmono said he would improve internal supervision within the AGO by surprise inspections of regional offices to monitor the performance of his subordinates. Darmono added that he had inspected 31 offices in various regions from January to July 2011.

Intelligence & state security

Foreigners must be watched: lawmaker

Jakarta Post - July 20, 2011

Dicky Christanto, Jakarta – A lawmaker said that the government should improve how it monitors foreigners' activities in Indonesia to prevent espionage.

"We need to be sure that these foreigners will do us no harm in the future. That is why we need to be extra careful," Effendy Choirie from the Nation Awakening Party (PKB) said on Wednesday.

He then said, without elaborating, that he had witnessed many foreign intelligence operations aimed solely at bringing down the country. He added that there were some NGOs that worked for foreign interests.

"Thus, there is no other way than bringing strict rules to monitor foreigners' activities. We could use the hand of law enforcers and the intelligence agency to do the monitoring," he said.

Ex-spy chief criticizes government-proposed intelligence bill

Jakarta Post - July 19, 2011

Bambang Muryanto, Yogyakarta – The bill on intelligence currently deliberated within the House of Representatives is flawed because it focuses more on the State Intelligence Body (BIN) and not on the functions of intelligence, a former spy chief said.

Speaking in Yogyakarta over the weekend, former BIN head A.M. Hendropriyono said that such a condition would lead to a repetition of past intelligence mistakes, such as dishonesty and case engineering.

"The bill must be reconsidered," he told The Jakarta Post after attending a discussion at the Muhammadiyah office in Yogyakarta.

Mufti Makarim of the Institute for Defense Security and Peace Studies (IDSPS) said that the bill was filled with articles that endanger civil rights. Among other articles was one stating that the intelligence agency is a government body and not a state body.

"We are concerned that the body will pay more attention on the government's interests and not on the state's interests," Mufti told a discussion on the bill recently held at the Gadjah Mada University campus compound. If that is the case, he said, there are potential violations against the civil rights that have been protected by a civil rights covenant.

Other endangering articles, according to Mufti, are those regarding the intelligence body's authority to conduct in wiretapping and arresting individuals without permission from the appropriate justice institutions, lack of functional control and the absence of a complaint mechanism, both for victimized people and for intelligence officials receiving orders to kill.

Mufti said he was not against the law on intelligence. "What we are against is that the intelligence bill that does not promote professionalism, is not accountable and does not guarantee the people's security," he said.

Scholar Arie Sujito of Gadjah Mada University's School of Social and Political Sciences said that the undemocratic bill on intelligence was a civil failure in defense and security reforms. "Since the reform era, all presidents have failed to reform defense and security in terms of democratization," Arie said.

He blamed the condition on the chaotic political problems that the ruling government is facing. "The bill comes when the regime is in chaos and this has been made as a basis for the formulation of the bill, article by article. It is therefore not placed in the frame of the people and state relationship," he said.

Providing an analogy, Arie said that the bill was prepared similar to someone preparing a way of dealing with a fire. As such, it lacks the mapping of problems and may contradict other laws. "We have a democratic law on public information, but at the same time we also have an undemocratic bill on intelligence," he said.

Arie reminded that intelligence must serve the state and not the government. "The bill must strengthen civil society and is not counterproductive or against democracy," he said.

Criminal justice system

Sarong thief verdict raises doubts on justice

Jakarta Post - July 19, 2011

Indra Harsaputra, Pamekasan – The Pamekasan District Court sentenced a woman to time served on Monday. Her crime was stealing a used sarong valued at Rp 3,000 (35 US cents).

Presiding judge Rendra Yozar said that Amirah, 30, was sentenced to the time she spent in pre-verdict detention, three months and 24 days, to deter her from breaking the law in the future.

"This verdict means that [Amirah] will be freed from jail by midnight. We hope Amirah will be able to work again to support her 10-year-old son," Rendra told The Jakarta Post over the telephone after the verdict was issued.

Amirah, a resident of Sokon village in Pamekasan regency on Madura Island in East Java, has been detained since March 26, after she was reported to the police by her employer, Mariyem, 41, for stealing the sarong.

The housemaid previously told the court that she stole the garment along with some rice to feed her child.

Amirah, whose husband died when her son was three years old, was tried under Article 362 of the Criminal Code for theft, which carries a maximum sentence of five years' imprisonment.

She burst into tears as the verdict was read, while her brother, Mohammad, 43, got on his hands and knees and kissed the ground while proclaiming "God is Great." Amirah said she would not repeat her mistake and hoped that she could find a job after her employer fired her.

The trial attracted the attention of many members of the public who have questioned the speed of the judicial system when dealing with petty thefts committed by poor Indonesians – and its apparent lethargy when investigating a legion of corruption allegations involving of vast amounts of state money.

Critics say that the idea of justice for all remains elusive in Indonesia, despite the Constitution's promises. Equality before the law has become empty rhetoric, according to those critics, who have opined that the gap between ideals and reality has widened as evinced by media coverage of the nation's criminal justice system.

The Amirah case is only the latest in a series of trials that has exposed the unequal nature of Indonesian jurisprudence. The trials show that the forces of law and order are ready to attack the common person (wong cilik). Corrupters, however, steal billions from the state and yet walk free. Only ordinary people are brought to justice.

In one such similar case, the Kediri District Court in East Java levied 15-day suspended sentences on Basar Suyanto, 45, and Kholil, 49, in December 2009. Their crime was the theft of a watermelon valued at Rp 30,000. Their sentence was lighter than the 70 days sought by prosecutors.

Basar and Kholil took the watermelon from the farm of Darwati, a resident of Ngampel Mojoroto in Kediri. The pair, who said they stole the fruit because they were thirsty, were brought to justice by Second Insp. Marwan Susanto and Gaguk Prambudi – both of whom were relatives of Darwati.

The defendants alleged that the two police officers and the farmer held them at gunpoint, beat them and then stripped them naked. Basar and Kholil allege that they were then taken to the Mojoroto Police station and named suspects without being questioned.

In a third case, Minah, an elderly woman in Banyumas, Central Java, was tried for theft in November 2009. Her crime was stealing three cacao fruits valued at Rp 1,500. Her sentence, 45 days in jail, was suspended.

However, the court said that the mother of seven and grandmother of more would have to serve her full sentence if she committed a similar crime within three months of her conviction.

Minah, a resident of Darmakradenan village in Ajibarang district, stood trial without an attorney. She said she took the cacao fruits in September to grow plants from the seeds.

Mining & energy

House votes to increase fuel subsidies despite plans to cut program by 2014

Jakarta Globe - July 22, 2011

Dion Bisara – The House of Representatives approved on Friday a hefty 35 percent increase in fuel subsidies amid speculation that the government was planning to raise subsidized fuel prices this year.

Under the bill, the government will spend an additional Rp 33 trillion ($3.8 billion) on fuel subsidies this year, despite plans to cut funding entirely by 2014.

The revised 2011 budget raised energy subsidies across the board, earmarking Rp 127.9 trillion for fuel subsidies and Rp 65.6 trillion for electricity subsidies – a 61 percent increase over last year's budgeted electricity funds. The revised budget totals Rp 1,320.8 trillion, up from original forecasts of Rp 1,229.6 trillion.

The government had proposed a Rp 120.8 trillion budget for fuel subsidies earlier this month. That amount was 35 percent higher than the original budgeted amount of Rp 96 trillion. Electricity subsidies were also lower, set at Rp 40.7 trillion in the original budget.

Critics called the move short-sighted, explaining that rising fuel prices would only drive fuel subsidies higher in the coming years. "In the long run, oil prices will keep increasing and such inaction would burden us further," said Marwan Batubara, executive director of the natural resources think tank Indonesian Resources Studies.

Marwan said President Susilo Bambang Yudhoyono was unlikely to risk raising fuel prices in the current political climate. "This has nothing to do with the economy of the poor," Marwan said. "The momentum is just not right for the government."

Yudhoyono's popularity has faltered amid recent graft allegations targeting senior members of the president's Democratic Party.

In the short term, the House could impose an additional vehicle tax on motorists to recoup some of the money spent on subsidies, Marwan said. "But for the long term, the government has to come up with a reliable scheme that can channel the subsidy to the poor directly," he said.

According to a World Bank report released earlier this year, the top 10 percent of the population receive Rp 135,000 in fuel subsidies per capita, while the poorest 10 percent receive Rp 23,000.

And any move to increase fuel subsidies only distorts the budget's structure, said Milan Zavadjil, a senior resident representative of the International Monetary Fund in Indonesia. "Fiscal policy needs to be re- oriented away from subsidies and toward infrastructure and social spending," Zavadjil said in a written statement on Friday.

Economy & investment

Clinton urges Indonesia to reduce trade barriers

Agence France Presse - July 24, 2011

US Secretary of State Hillary Clinton on Sunday urged Indonesia to cut tariffs, saying trade between the two countries lagged behind others in Southeast Asia.

She said the country of 240 million people was the biggest economy in the 10-member Association of Southeast Asian Nations but its trade with the United States was well short of where it could be.

"While Indonesia is the largest economy in Asean, trade between our two countries lags behind others in the region," she said during a meeting with Indonesian Foreign Minister Marty Natalegawa and other officials.

"Last year America's trade with Indonesia surpassed $20 billion, but it hit $40 billion with Malaysia. So we want to collaborate on ways to reduce tariffs and other barriers."

Clinton on Saturday attended a gathering of Southeast Asian entrepreneurs alongside Indonesian Trade Minister Mari Elka Pangestu, at the end of a hectic week of regional diplomacy on the resort island of Bali.

She said Indonesia was a "natural choice" for a summit of young entrepreneurs, as a major democracy in a "dynamic region that is increasingly at the heart of global commerce and growth". But she said its potential was being tied down by red tape and legal uncertainty.

"The United States wants to work with you to bring down these barriers," she said. "That means reducing the time it takes to open a business here in this region... Improving the business climate by protecting intellectual property rights."

She cited rampant copyright piracy as a clear deterrent to innovation in Indonesia, a member of the G20 group of rich and developing nations. "If you come up with a good idea, it should be protected so that you can then make the most of it and spin it off into who knows where it might go," she said.

At her meeting with Natalegawa, she noted Indonesian commitments to reduce its carbon emissions and said the United States wanted to work with Jakarta to "spur sustainable growth".

She also looked ahead to President Barack Obama's visit to Indonesia – his childhood home for four years in the late 1960s – for the East Asia Summit in November.

Washington and Jakarta could use the summit to advance their "most important shared concerns" such as maritime security, disaster readiness and nonproliferation, "including working toward a denuclearised Korean peninsula".

Clinton arrived in Bali on Thursday to attend a series of meetings culminating in the Asean Regional Forum security dialogue on Saturday. She leaves for Hong Kong later Sunday.

Indonesia set to be region's car king

Jakarta Globe - July 22, 2011

Faisal Maliki Baskoro – Indonesia looks set to overtake Thailand as home to the largest automotive industry in Southeast Asia on the back of its rising middle class, an automotive industry executive said on Friday.

Johnny Darmawan, president director of Toyota Astra Motor, told attendants at Indonesia's largest motor show that the automotive industry was doing well and could become the biggest market in Southeast Asia "soon."

"With a huge population of 240 million people coupled with a rising middle class with a per capita income exceeding $3,000, we believe Indonesia could be the biggest automotive industry and market in the region," he said.

Johnny said Indonesia's automotive industry recorded a strong performance over the past 18 months.

Hatta Rajasa, the coordinating minister for the economy, said Indonesia could overtake Thailand as the region's automotive hub. "We have to be optimistic that our automotive industry can be the biggest in the region, beating Thailand," he said.

Indonesia produced 650,000 cars last year and 384,000 cars in the first half of 2011, Johnny said, citing data from the Indonesia Car Industry Association (Gaikindo). It sold 764,000 cars last year.

"In the past five years, the automotive industry consistently outperformed economic growth. Last year it grew by 10.1 percent, contributing 6.98 percent of [gross domestic product]," Johnny said.

"In terms of taxes and other state revenues, the industry contributed Rp 80 trillion [$9.4 billion] last year. The contribution could be even bigger if we include related industries such as the component industry, leasing and the insurance industry."

In Southeast Asia, Indonesia is home to 31 percent of production, just behind Thailand's 32 percent. Globally, Indonesia's represents 1 percent of the industry.

Its surging middle class and low borrowing costs have boosted consumer spending on new cars and motorcycles. Typically, Indonesian consumers finance 80 percent of their car and motorcycle purchases with bank loans.

Bank Indonesia, which forecast the economy to grow by as much as 6.8 percent this year, has kept its key interest rate – the benchmark for lending – at 6.75 percent, providing room for automotive financiers to give a relatively affordable rate.

The 19th Indonesia International Motor Show, themed "Green Sustainable Technology," will run until July 31 at the at Jakarta International Expo at Kemayoran. Johnny said Gaikindo aimed to attract 300,000 visitors to the event.

The optimism of the Astra executive and government officials was given some justification by consumers at the event, such as Ardi Nur, a 30-year-old restaurant owner in Jakarta. Ardi said he was looking for a new multipurpose vehicle, and was prepared to spend Rp 500 million.

"I am making more money this year and I am planning to sell my old car and buy a new one," he said. "Even though cars are getting more expensive, I am making money and confident about my future."

Analysis & opinion

The NII inside out: A sociologist goes undercover

Jakarta Globe - July 24, 2011

Lisa Siregar – Dewi Triana found herself sitting cross-legged in a small room listening to sermons denouncing Indonesia and exhorting her to help make the country an Islamic state. But Dewi wasn't looking to overthrow the government; she was going undercover to learn the secrets of the outlawed Indonesian Islamic State (NII).

Indonesia is facing an identity crisis of sorts. Islamic fundamentalism is seen making inroads here, eroding support for the country's inclusive state philosophy, Pancasila. People point to regional bylaws requiring Islamic dress and mobs of Muslims shutting down churches and closing bars as proof that the country is losing its pluralism.

It is against this background that the NII and the Al Zaytun boarding school in Indramayu, West Java, allegedly affiliated with the movement and seen as a breeding ground for radicals, have re-emerged as hot topics of discussion. The movement has been around for decades, but now its stated goal of establishing an Islamic state here seems someone more of an actual threat to some people.

Dewi, a sociologist who graduated from the University of Indonesia, decided to look beyond the headlines to find out what the NII was really about after a few of her friends were recruited by the organization.

She went undercover in the group in 2008 and 2009 and turned her findings into a book, "Mengapa Saya Memilih Negara Islam" ("Why I Choose an Islamic State"), which was released last month.

In the book, Dewi shares her firsthand accounts of the NII's recruitment methods and details interviews with six former members of the organization. Perhaps her most surprising finding was that the NII is hardly the threat to the state that is portrayed in the media.

The movement recently made headlines after the head of the Al Zaytun boarding school, Panji Gumilang, faced allegations of treason. However, the police have dropped plans to arrest Panji for plotting against the state, saying they could only charge him with falsifying documents related to the school.

NII's clandestine operations and controversial views have turned it into something of a boogeyman for many Indonesians, who view it much as they do the regional terrorist network Jemaah Islamiyah. "When my mom found out I was going undercover with NII, she became hysterical," Dewi said.

Her first point of contact with the organization was through Ken Setiawan, founder of the NII Crisis Center, a support group for former NII members. Ken put Dewi in touch with six former members willing to tell the stories of how they were recruited by the movement.

Dewi discovered the group typically targeted college students who were living away from home, had recently moved to the city, had few friends and a relatively weak understanding of Islam.

"NII also usually does background checks to make sure their intended recruit is not related to anyone from the police, Army or intelligence agencies," Dewi said.

In January 2009, Dewi joined the East Jakarta branch of the NII, covering Bekasi, Tangerang and Banten. She said the process for becoming a member was surprisingly simple.

First, she had to stay overnight at a boarding house in a discreet location. The leaders at the boarding house gave long sermons to the recruits, preaching again and again about the sin of living in a non- Islamic state.

"They said God would not accept our prayers because we prayed in a dirty land," Dewi said.

The leaders discouraged members from performing the five daily prayers expected of Muslims, saying efforts to reach God would be in vain until Indonesia accepted Islam as the basis of the state. At the end of the day, Dewi and the other new recruits were asked to recite the organization's own version of the shahada, the statement of faith required to convert to Islam.

Then came the matter of money. Dewi was asked to pay Rp 750,000 ($88) as a registration fee, although she only paid Rp 500,000, saying it was all the money she had. The leaders suggested that she pay monthly fees of around Rp 200,000 to support the NII's activities.

"They said it was a form of alms to cleanse us of our sins and showed us verses from the Koran to justify it," Dewi said.

For those concerned about being able to make the payments, the NII leaders had a few suggestions. They said the students could ask their parents for money, saying they needed it to buy books or fix broken electronic gadgets.

The money, they said, was for the Al Zaytun boarding school, where they eventually intended to establish the new capital of the Indonesian Islamic state. But aside from collecting recruits and cash, Dewi said the NII did not appear to be actively pursuing a political agenda.

One member said Al Zaytun's Panji planned to run for president, but admitted this rumor had been around since 2003. Other members were involved in political parties, but the group itself did not have an organized political front.

"I can understand how they might become militant, but on the whole, NII members seem to blend in quite well with society," Dewi said. "Basically, the main task of being a member of NII is to recruit new members and raise funds."

After a few months, Dewi slowly began to detach herself from the movement. She stopped attending meetings and made excuses whenever they phoned her. She said she was never harassed, even after her book came out.

"I think I picked the right branch to join," Dewi said. According to her, members of the movement's South Jakarta branch have reported finding it much more difficult to quit and being constantly hounded to return to the fold.

Dewi concluded that the image painted of the NII in the media as a threat to the state was exaggerated. Instead of pushing a violent agenda for the establishment of an Islamic state, she said the group was more concerned about presenting itself as a mature movement with a deep concern for the lack of Islamic foundations in the Indonesian government.

With its attention focused on members and money, she said, the NII was not an ideological threat to the state.

['Mengapa Saya Memilih Negara Islam' ('Why I Choose an Islamic State'). Dewi Triana, Mizan Pustaka. 265 pages. In Indonesian.]

The Thinker: Our cheating ways

Jakarta Globe - July 22, 2011

Stephanie Riady – This past May the national education minister proudly announced a staggering 99.2 percent passing rate for students taking the national exam. Through a string of recent revelations by parents, catalyzed in Surabaya by whistle-blower and now-famous mother Siami, we now know how this result came to be.

As accounts in recent weeks have highlighted, teacher-induced cheating is rampant within the nation's education system. There are instances of teachers forcing high-achieving students to share answers with their peers, and of giving students answers via cellphone prior to the exam. Some have even read out answers to students during the exam.

So how did some of Indonesia's teachers – who should be the nation's highest role models – turn out to be the biggest cheaters? The answer may be a combination of high-stakes testing and low supervision, taking place in a culture of systemic corruption.

During the national exams, the future of a school and everybody it employs is at stake. Teachers and administrators are under enormous pressure to get students to perform. For one thing, student test scores determine how much extra funding – if any – schools will receive. If students perform well, schools will have more money to spend, and may even boost their chances to be selected as an "RSBI," or exemplary school, entitling them to a Rp 200 million ($23,400) grant and allowing them to charge school fees. Teachers themselves often directly benefit as well, such as through promotions or additional work opportunities.

On top of this, test scores bolster the school's reputation, which becomes a source of pride and a major selling point to attract a larger and more talented pool of students. Low-performing schools, on the other hand, may see enrollment numbers dwindle over time. Mothers like Siami who threaten a school's pride run the risk of being chased by mobs of teachers, parents and students.

While high-stakes testing provides the incentive to cheat, a lack of supervision allows it to take place. The examination process itself is full of loopholes that make cheating possible. Each year, students and teachers still have access to test answers, largely via government insiders who sell them. Teachers can easily give students answers during the exam, or gain access to students' exam papers after they have been handed in. Furthermore, Indonesia lacks any sophisticated statistical or scientific mechanism to detect cheating on the part of teachers.

To make matters worse, in cases where evidence of cheating is found, accountability watchdogs like the National Commission for Child Protection (Komnas Anak) have been reluctant to dish out consequences and fire the culprits responsible. Investigation has been slow, guilty teachers have been given second chances and students in the same classroom as cheaters have not been forced to retake the exam. In a country like ours where systemic corruption is prevalent, such measures are crucial to prevent others from repeating the same mistake.

Many teachers, activists and education experts have responded by blaming exams and the undue pressure it places on teachers and students. In their view, the problem lies with the unhealthy nature of exams. But this is as problematic as saying that we should scrap the political system because of corrupt politicians. If recent revelations of teacher-induced cheating says anything, it is that the system needs more, not fewer, accountability measures.

To be sure, there are many ways we can tweak our current education system to reduce the pressure to cheat. One of the strongest criticisms against the national exam is that it imposes one standard of learning for the entire country regardless of obvious differences in quality of education. Alongside this is the criticism that exams detract from the real purpose of education. Since teachers are pressured to have their students do well on the national exam, they teach to the test and focus on rote memorization. Critics call for alternative ways of evaluating students, such as through a portfolio or projects-based model.

Although these concerns are legitimate, a standards-free education system is not an option in a country with more than 32 million students. The government needs an objective and affordable way to measure student progress – and as the experiences of other countries have shown, exams, when crafted rightly, can serve this end well. Educators should embrace it, and authorities should consider new ways of devising accountability measures to ensure that teachers do not end up breeding a new generation of cheaters.

[Stephanie Riady is a graduate of the Teachers College at Columbia University.]

Tax drama in Indonesia

Asia Times - July 18, 2011

Sara Schonhardt, Jakarta – A long-running tax saga is keeping this summer's Hollywood blockbusters out of Indonesian cinemas and drawing new negative attention to the country's often dysfunctional and corrupt regulatory environment. ` The film freeze began in February when the Motion Picture Association of America (MPA), which controls Hollywood's six big studios, including Columbia, Paramount and Disney, began to boycott an unusual royalty scheme that would have forced them to value films before they had earned any box office revenue.

The MPA's regional office has argued that the decision to levy the tax was unfair because it took advantage of a loophole in World Trade Organization regulations. To complicate matters, the royalty fee came just after Indonesia's tax office notified domestic film importers that they owed around US$2.6 million in years worth of unpaid taxes.

Previously, film importers paid taxes on the physical length of a film, but according to a long-overlooked rule the government also has the right to collect tax on each film's earnings. Some speculate that the royalty tax was the government's way of going after importers who have not fulfilled their tax obligations.

What began as a mere political blunder has since opened suspicion about the MPA's support for monopolistic practices since the rights to import Hollywood films belong to only one company, Cineplex 21, which also owns more than 80% of Indonesia's 600 theaters.

In apparent response, the Finance Ministry has agreed to recast its royalty policy. On July 14, local media reported that issues with customs, royalties and income tax were solved and only "technical" issues remained.

But Finance Minister Agus Martowardojo says big-name titles like the latest Harry Potter and the Deathly Hallows won't be showing on screens any time this summer until the importers agree to pay their taxes or the Hollywood exporters find other local distributors.

Losing out

In recent weeks, six new film importers have applied for permits with the customs office. A preliminary review by officials, however, revealed that they all share an address with the two importers tied up in tax court, Camila Internusa Film and Satrya Perkasa Esthetika Film.

Of the nine licensed importers, Camila and Satrya, the two with ties to the major studios fall under Cineplex 21's umbrella. The others import mostly independent b-grade productions from Korea, Thailand or India's less star- spangled Bollywood.

The customs office says it will need to determine who will be the ultimate beneficiary of an import license before it grants new permits. Ananda Siregar, the head of Indonesia's only other major cinema, Blitz Megaplex, says it would be political suicide if officials gave a license to an importer and found out later the money was actually flowing back to Cineplex 21.

He believes importers have refused to budge partly as a negotiating strategy, and partly because they have something to cover up. He also questions why the studios have not sought out alternative distributors, and why they have not shown more anger toward the importers who charged them a fee for the taxes that they appear not to have paid in full.

In its defense, the MPA has said it would rather send its films elsewhere since Indonesia, which accounts for roughly 1% of its annual revenues, is not a big enough market to justify a protracted battle over unclear regulations.

Figures for Indonesia's total annual box office take vary between $90 million to $150 million, slightly below Singapore but twice as big as Thailand. Given the country's population of 240 million and a growing middle class, the MPA should be eager to cash in on the potential there for large profits, Siregar said.

"In my opinion they're just not neutral. Commercial success is not their number one priority."

Studio representatives, meanwhile, say they are open to importing through other agents, such as Omega, the one importer newly approved by the customs office. They say they will resume imports of foreign films as soon as they clear up tax issues with the authorities.

With the two big importers refusing to budge in tax court, the studios grouped under the MPA have few alternatives. They can appoint a distributor not associated with Cineplex 21 or they can lobby to create their own distributor, which would require the government to open up its so-called "negative" investment list that currently blocks foreign investors from the creative industry, including film-related sectors.

Officials say the MPA has expressed reluctance about dealing with importers it's not familiar with. Siregar explains that an importer has to pass an acid test before it can form a contract with the major studios.

His requests and queries to the major Hollywood studios have gone largely unanswered, as have calls from the media. Blitz, which earns around 18% of the country's total box office sales, would like to begin importing. Siregar says its reputation proves it is capable of distributing films across Indonesia, and that at least some access would be better than nothing.

Empty seats

Fears that Cineplex 21, once tied to the power family of former president Suharto, could go bust are unlikely to pan out. But local malls and cinemas are now suffering significant losses. The head of Indonesia's cinema union says theaters have reported a 60% drop in revenue in the five months since the ban took effect.

Many independent cinemas are in danger of closing permanently. Blitz has shortened its operating hours and closed some screens on a rolling basis. "As a cinema owner, I'm suffering," Siregar said.

Officials at the Ministry of Culture and Tourism, which is responsible for the film industry, said reducing the number of imported films would help to "safeguard" the nation's culture and provide support to the local film industry.

Local film buffs scoff at that official line, saying Indonesian films cannot compete with Hollywood action hits. Indeed, sales of black-market DVDs are on the rise, say sellers.

Those with money, meanwhile, are flying to nearby Singapore and Malaysia to catch the latest releases. Tour groups are taking advantage of the freeze by organizing theme-based trips, such as two-day "Transformers Tours" to see the latest Michael Bay sci-fi flick. Meanwhile, the empty theaters here are a reminder of Indonesia's dysfunctional regulatory environment.

[Sara Schonhardt is a freelance writer based in Jakarta, Indonesia. She has lived and worked in Southeast Asia for six years and has a master's degree in international affairs from Columbia University.]