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Indonesia News Digest 36 – September 24-30, 2012

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News & issues

Billionaires club grows fastest in Indonesia

Jakarta Post - September 28, 2012

Mariel Grazella, Jakarta – The billionaires club in Indonesia is set to welcome new members. In its latest "Wealth Report: Asia", Julius Baer, a prominent Swiss private banking group, has identified Indonesia, alongside China and India, as the frontrunners of wealth creation in Asia.

The region is expected to witness the number of high net worth individuals (HNWI) reach 3 million by 2015.

As many as 1.46 million of these HNWIs – defined as those with investable assets surpassing US$1 million, excluding primary residences – will come from China with a total stock wealth of around $9.3 trillion, and 420,000 from India with $2.6 trillion.

"The number of high net worth individuals in Indonesia will increase to around 104,000 individuals in 2015 from 33,000 in 2010," said Stefan Hofer, executive director of emerging markets strategy research at Julius Baer.

Based on the report, the wealth stock of these Indonesians could touch $518 billion by 2015. "Indonesia exhibits the highest growth rate among HNWIs in all the countries we have looked at," Stefan said in an exclusive interview with The Jakarta Post on Thursday.

According to Stefan, the number of high net worth individuals in Indonesia was growing at a rate of at least 25 percent annually, owing to the booming domestic business environment.

While the economies in the US and Europe continued to languish, and as countries such as Brazil ran out of steam, Indonesia posted 6.4 percent growth in gross domestic product (GDP) in the second quarter, slightly higher than the 6.3 percent exhibited in the first quarter.

Noted senior economist Fauzi Ichsan said that wealth in Indonesia had also accrued due to improved property and stock prices.

"There are two sources of riches. First, the valuation effect of higher priced assets, including property and shares, which are currently owned by the rich," Fauzi said, adding that economic growth was the second source of riches.

With a total GDP of $846 billion last year, Indonesia is the world's 16th- largest economy according to data from the International Monetary Fund (IMF).

"The backbone of the Indonesian economy is consumer spending, which generates more than half the total GDP. Hence, stocks of companies catering to household consumption may continue to do well," he said. Stefan added that "improvements in the business operating environment" had acted as a lubricant for businesses.

"Indonesia has made a lot of progress in the regulatory environment, making it easier for businesses to access credit, to register their businesses and so on," he noted. Besides regulatory improvements, an ample supply of labor, the linchpin of a "virtuous cycle", bodes well for entrepreneurs.

Based on the report, 38.3 percent of Indonesians are employed in agriculture, with 42.4 percent and 19.3 percent in the service and industrial sectors, respectively. Meanwhile, around 44 percent of Indonesians are urbanized.

The rising consumption in Indonesia has become a springboard for wealth creation, especially for businesses within the service sector, although commodities, a "traditional" source of wealth for Indonesians, remained an essential driver in riches, Stefan said.

He also noted that "the long-term challenge or goal for Indonesia is to expand the manufacturing sector".

Army pensioners warn of foreign ideologies

Jakarta Post - September 28, 2012

Jakarta – The Retired Army Association (PPAD) is warning the government and society at large over the influx of foreign ideologies that threaten the values of Pancasila among Indonesian youths.

"We need to be cautious about mushrooming transnational ideologies, as they contradict local wisdom and Pancasila," PPAD chairman Lt. Gen. (ret.) Kiki Syahnakri said in Jakarta on Thursday.

According to him, Indonesia today is so "wide open" that foreign ideologies, such as liberalism, capitalism and Wahabism (extreme Islam), which contradict the Pancasila state ideology, can easily take root.

To counter the influx of foreign ideologies, Kiki said, the nation needed to overhaul existing legislation. "Laws should protect [our values]. They should not be too liberal. But our existing laws are too liberal," he said as quoted by Antara news agency.

Kiki claimed the growing number of radical movements across the country was evidence of the impact of foreign ideologies that were being followed primarily by young Indonesians.

Gambling back in Batam to lure neighboring tourists

Jakarta Post - September 25, 2012

Fadli, Batam – More Singaporeans and Malaysians have been spending their weekends in Batam, Riau Islands, over the last few months after the reemergence of gambling-related recreation and gaming centers on the island.

Local authorities have denied that they have revived gambling in Batam, although records show that officials have recently issued 14 licenses for recreation and gaming facilities to revive tourism and to provide entertainment facilities for foreign investors on Batam.

"An increasing number of foreign tourists have been gradually reviving the island's service industry such as hotels, restaurants and transportation, and indirectly generating more job opportunities on the island," Yusfa Hendri, the head of the Batam municipal tourism office, said here on Monday.

Yusfa said that the office had received 30 applications for recreation and gaming center licenses and had issued 30 licenses.

The recreation and gaming centers, which provide gambling machines, have attracted Malaysians and Singaporeans, who are limited to gambling at home to the mountaintop casino in Tanah Genting, Malaysia, and to two recently opened casinos, the Marina Bay Sands and the Resorts World Sentosa in Singapore.

The centers in Batam have also attracted foreign investors to other nearby islands in Riau Islands, such as Bintan and Tanjungpinang.

The police shut down gaming centers in Batam in November 2011, following protests from local Muslim clerics. Gambling in Riau Islands was put to an ostensible end in July 2005, when the National Police was headed by Gen. (ret.) Sutanto.

Yusfa denied that the recreation and gaming centers, which are located in malls and shopping centers, had become gambling sites. The arcades, some of which feature state-of-the-art slot machines, are typically located in shopping malls and open before the majority of other shops and close late in the evening.

At one such gaming center, no children could be observed, only adults who appeared to be foreigners who inserted currency directly into the machines.

Critics say that the local police's apparent tolerance of gambling in the gaming areas was connected to the alleged payment of bribes to government officials and law enforcement officers.

The gaming centers that operate slot machines in Batam are apparently intended to take advantage of tourists from Singapore, which is closer to Batam than Malaysia.

Yusfa said that the tourism office would continue its programs to build recreation and gaming centers to entice foreigners to visit the island and to generate more job opportunities for local residents.

He said that he hoped that the presence of more tourists would increase the revenue and tax receipts of the municipal administration. The arcades contribute up to Rp 1 billion (US$107,000) to the municipality's coffers every month, according to officials.

Meanwhile, the head of the Riau Islands chapter of the Indonesian Ulema Council (MUI), Tengku Asyari Abbas, said the apparent official encouragement of gambling in Batam showed that hypocrisy had become a trait of the people and the government.

Asyari also said that the indecisive nature of the government in upholding the law had allowed gambling to thrive. "The MUI has urged Batam Mayor Ahmad Dahlan to revoke the permits of the gaming arenas due to the negative rather than positive implications. The rules in Indonesia, especially religious rules, prohibit all forms of gambling activities," Asyari said.

Tourist arrivals to Batam plummeted to under 1 million from a high of 1.5 million after former National Police chief Gen. Sutanto banned gambling in the region in 2005.

However, tourist numbers have slowly rebounded after gambling was reintroduced to Batam on a small scale in 2008, when the Batam municipality issued permits to 27 arcades to operate 800 machines.

Actions, demos, protests...

Thousands protest in Jakarta over anti-Islam film

Agence France Presse - September 30, 2012

Thousands of Indonesians on Sunday chanted anti-American slogans outside the US embassy in Jakarta, in the latest protest against a film that sparked demonstrations in at least 20 countries.

At least 3,000 supporters of the Islam-based Prosperous Justice Party (PKS) gathered outside the US mission, but there was none of the violence that erupted there earlier in September, when police clashed with protesters.

Men and women wearing Muslim headscarfs and children assembled outside the building, while hundreds of police stood guard and four water cannon vehicles were at the ready.

The protesters carried banners declaring "My life for the Prophet Muhammad," "Stop the film, Save the Prophet Muhammad" and "Go to hell with the freedom of expression."

"It is very clear now that our real enemy is America," a speaker told the crowd, who shouted "America and Israel are terrorists!"

"Prosecute and jail the filmmaker and revoke the film from YouTube, otherwise we will boycott you America," another speaker told the crowd who shouted back, "Allahu Akbar!" (God is greater).

Jakarta police spokesman Rikwanto told AFP that about 400 police personnel were deployed.

More than 30 people have been killed in violence linked to the low-budget "Innocence of Muslims", produced by US-based extremist Christians. Indonesia, which has a population of 240 million, is the world's largest Muslim-majority country.

About 700 members of hard-line Muslim groups protested earlier in September outside the US embassy, some hurling petrol bombs. Eleven policemen and a protester were injured in clashes.

Christians denounce anti-Islam film

Jakarta Post - September 24, 2012

Dozens of Christians staged a protest on Sunday to denounce the anti-Islam film, Innocence of Muslims, saying that free speech should not be used as an argument to insult a faith held by others.

Members of the Taman Yasmin Indonesian Christian Church (GKI) and the Congregation of Batak Protestant Churches (HKBP) Filadelfia held the protest in front of the State Palace in Central Jakarta in conjunction with International World Peace Day, which fell on Sunday.

"We, Christians, denounce the film because Innocence of Muslims has denigrated Muslims. That should not have not happened," GKI Yasmin spokesman, Bona Sigalingging, said as quoted by tribunnews.com.

Bona said that by insulting the faith of Muslims, the Innocence of Muslims producers had insulted the faiths of all believers around the world.

Separately, members of the GKI Yasmin congregation have staged weekly protests, calling on the Bogor municipal government to uphold the Supreme Court ruling to reopen their church, which was shut down following complaints from locals.

Members of the HKBP have also organized protests to air their grievances over the frequent harassment of their parishioners.

On Saturday, President Susilo Bambang Yudhoyono said in a press conference prior to his departure to speak at the United Nations General Assembly (UNGA) in New York that he would propose the drafting of an international protocol banning blasphemy.

"Indonesia has the moral obligation to make such a call, to propose an international protocol that will prevent any action or initiative that could be categorized as blasphemy," Yudhoyono said.

Yudhoyono will join with other world leaders to address the 67th session of the UNGA at UN headquarters in New York. Yudhoyono will share the podium with other eminent leaders, such as US President Barack Obama, Australian Prime Minister Julia Gillard and Iranian President Mahmoud Ahmadinejad.

Foreign Minister Marty Natalegawa said that another item on Yudhoyono's agenda would be "a proposal to reach a peaceful resolution following the heightening tensions in the Middle East".

In anticipation of protests from Muslim groups in the country, the United States closed all its diplomatic missions in Indonesia on Friday, citing security reasons.

The missions are located in several cities around the country: the US Embassy in Jakarta, the US Consulate General in Surabaya, the American Presence Post in Medan, the US Consular Agency in Bali and the US Mission to the Association of Southeast Asian Nations (ASEAN), also in Jakarta.

In a statement sent to The Jakarta Post on Thursday, the US cited "... the potential for significant demonstrations that might be held in front of these facilities".

Earlier last week, around 200 people from various Islamic groups torched an American flag and tires outside the US Consulate in the country's third- largest city, Medan. Some unfurled banners saying, "Go to hell, America", while others trampled on dozens of paper US flags.

On Tuesday last week, about 100 Muslim students in Makassar, a city in central Indonesia, called for the death penalty against the Innocence of Muslims director, Nakoula Basseley Nakoula.

US fast food outlets vandalized in Makassar protest

Jakarta Globe - September 24, 2012

Rahmat, Makassar – Students protesting against the film "Innocence of Muslims" on Monday targeted several outlets of American fast food franchises in the South Sulawesi capital of Makassar, such as KFC, McDonald's and Pizza Hut.

The protests, held by dozens of members of the Gowa Raya Indonesian Muslim Student Association, began with tire burning actions at the Pettarani- Sultan Alauddin intersection.

But shortly after noon, the protesters began marching and first targeted a McDonald's outlet, where they displayed a banner in front of the entrance demanding the restaurant close down for one week.

They also sprayed graffiti with messages against the United States and President Barack Obama on the walls of the restaurant located along Jalan Sultan Alauddin.

The protesters then marched to a nearby KFC outlet, just some 200 meters away, and repeated the same actions. They then continued on to a Pizza Hut outlet some 50 meters away, damaging part of the fence, before police intervened and disbanded them.

But when the protestors passed the KFC outlet and saw that it was still open, some of them began to pelt the venue with rocks, breaking the glass door as well as some of the glass wall panels. Comr. Ahmad Maryadi, head of the Rappocini subdistrict police, said they already have the identities of the students who engaged in the vandalism.

"We will summon them for questioning soon," Ahmad said, adding that vandalism carries a maximum sentence of seven years in jail.

West Papua

Wamena arrests as Australian-funded anti-terror troops conduct raid

West Papua Media - September 30, 2012

A major raid occurred on Saturday by troops from the Indonesian army (TNI) and Australian-trained Detachment 88 counter-terror unit on activists from the West Papua National Committee (KNPB) in Wamena, according to several credible sources in the West Papuan highland town.

The raid on the secretarial office of KNPB Baliem Region at the Potikelek complex in Wamena, just before 6pm on Saturday night, resulted in the arrests of 8 KNPB members. Sources reported to West Papua Media that at least two platoons each of TNI, D88 and regular Police (arriving in 2 trucks, 11 vehicles and 14 motorbikes) were involved in the raid, with many detainees being subjected to brutal beatings and on-the-spot interrogations by security forces according to independent witnesses.

According to Simon Dabi, the Baliem region chairman of KNPB, the troops "said tomorrow they will return and burn the hut."

"We are not aware of the reason for the arrests, but there's a possibility it could be connected to a scenario that's been created to make out KNPB activists to be terrorists, by connecting us to the recent bombing in Irian Road, Wamena," explained a clearly exasperated Dabi, relayed through KNPB sources.

Those confirmed arrested are:

Grave fears are currently held for the safety of the detainees, who were taken for interrogation to the Wamena Regional Police headquarters under the command of Jayawijaya Regional Police Chief Arivin. Simon Dabi told stringers that the arrest was carried out arbitrarily and without proper legal procedure and those arrested "are at present in an unsafe situation".

West Papua Media repeatedly attempted to seek comment from the operation commander Kapolres Arivin, and written questions were submitted to clarify details of the raid, however, Arivin hung up twice upon answering and then switched his phone off.

The Papua-wide General Chairperson of KNPB, Victor Yeimo, also urged the Chief of Jayawijaya Regional Police to release the KNPB members. "I have just telephoned direct but the phone was unanswered, so I was only able to send an SMS to the Head of Regional Police to insist that the 8 young ones I am responsible for, be immediately released as their action (in arresting the 8) is uncivilized and improper" asserted Yeimo.

KNPB members have reason to be concerned for the safety of their colleagues. On September 23, 6 local youth members of KNPB were arrested, tortured and beaten in arbitrary arrests following an apparently suspicious death of an Indonesian colonist, and then all released without charge. "Having done no wrong, KNPB activists are constantly being chased, arrested, intimidated and killed by NKRI (the Indonesian state)," said Yeimo.

Members of the KNPB have also been subject to an escalating wave of repression by Indonesian security forces across Papua, since the beginning of an anti-violence civil resistance campaign earlier in 2012, in response to a series on mysterious "unknown persons" (OTK) shootings that had killed over 20 people since 2011.

These shootings, widely believed across Papuan civil society to be the work of Kopassus Indonesian special forces creating violence to be used as a pretext for a declaration of martial law, peaked with the brazen daylight execution by Detachment 88 officers of KNPB Jayapura Chairman Mako Tabuni on June 6 this year,

After his appearance on a major report on Australia's ABC TV describing the tactics of the Detachment 88 state terror campaign against Papuan non- violent activists, Victor Yeimo, found himself with other KNPB members on the Daftar Pencarian Orang (Wanted persons list) in a clear retaliation for speaking out to the international community.

In recent weeks, many non-violent activists engaging in peaceful acts of political expression across Papua have been targeted by security forces including those from D88.

Saturday's so-called "anti-terror" raid in Wamena is the first major raid since the former head of Detachment 88 Tito Karnavian was appointed as the new police chief in West Papua. Karnavian loudly promised a new "hearts and minds approach" to reducing violence across Papua, and "vowed to take a grassroots approach to stopping the violence". However, according to Papuan activists across the occupied territory, it seems that the only approach is the intensification of repression of grassroots people.

Activists threatened with jail for over nonviolent march in West Papua

West Papua Media - September 28, 2012

Alex Rayfield – Two West Papuan activists currently in police detention in Yapen Island in West Papua are being threatened with twenty years jail by the Indonesian police for organising a nonviolent march in support of the United Nations International Day of Indigenous People which this year celebrated the role of indigenous media.

Edison Kendi (37 years) and Yan Piet Maniamboy (35 years) from the pro- independence group West Papua National Authority were arrested by Indonesian police on 9 August 2012.

The activists were leading a march of approximately 350 people in support of the International Day for Indigenous People. Police used force to break up the march. According to witnesses they beat up several Papuans and repeatedly discharged their weapons into the air. Sixteen people were arrested at the scene and a laptop, hard disk, modem, digital camera, documents and three Morning Star flags were later seized by police.

Those arrested were subsequently released except for Edison Kendi and Yan Piet Maniamboy who remained in police custody. A local stringer told West Papua Media and New Matilda that Indonesian police investigators Sudjadi Waluyo and Arip Marinto have charged the two men with rebellion (makar) under section 155 of the Indonesian Criminal Code. Both defendants have been told that the police will seek jail sentences of 20 years each.

The controversial charge of makar has come under intense criticism from Papuan lawyers Yan Christian Warinusy from the Legal Aid Institute in Manokwari and Gustaf Kawer and Olga Hamadi from the Commission for the Disappeared (Kontras Papua). The lawyer argues that the charge of makar has been used as a tool of political repression to deny nonviolent activists their right to free speech. The law actually dates back to Dutch times and was used extensively by the former dictator to repress dissent in Indonesia. Suharto was overthrown by a nonviolent student movement in May 1998 but the law has remained on the statute books. Amnesty International and Human Rights Watch have also called for the makar provisions to be struck from the criminal code and all political pisoners in Papua to be released.

The WPNA march was organised to commemorate the International Day of Indigenous Peoples. Ironically the United Nations theme for this year was to celebrate indigenous media. Yapen is extremely isolated. International media is banned in West Papua and local media is censored. So the very fact that story got out in the first place is testimony to the growing power and skill of indigenous media activists in West Papua.

Kendi and Maniamboy told New Matilda and West Papua Media by text message from their jail cell that they want the international community to help them. "We don't want Autonomy or to remain with Indonesia. We want to be free! Don't continue to let us be killed and thrown in jails" they said. WPNA media activist and Governor of Jayapura (under WPNA's parallel political structure), Marthen Manggaprouw said his organisation wants the Indonesian government to negotiate with the independence movement to resolve the conflict. "The basic rights of indigenous Papuans are not respected in West Papua. There is no democratic space for us Papuans. We are criminalised simply for expressing our opinion", said Manggaprouw.

The men number amongst some 100 West Papuan political prisoners currently languishing in Indonesian jails. Although the Indonesian constitution technically guarantees freedom of speech in reality basic rights are routinely denied to the indigenous Papuan population. Papuans calling for genuine political freedoms are vigorously repressed by Indonesian police and military.

[This is the original article to one which appeared in New Matilda.]

New Zealand fund pulls Freeport investment, cites Papua rights offenses

Jakarta Globe - September 27, 2012

Jonathan Vit – New Zealand's public pension fund pulled more than $1 million in investment from Freeport-McMoRan Copper & Gold over allegations of human rights offenses committed by security forces around the company's controversial Grasberg mine in Papua.

The $15.7 billion New Zealand Superannuation Fund announced on Wednesday that it would cease investment in four companies that violate international ethics standards.

The fund raised concerns over "breaches of human rights standards by security forces around the Grasberg mine, and concerns over requirements for direct payments to government security forces by the company in at least two countries in which it operates."

Indonesian security forces have a heavy presence in the restive province, where police and the Indonesian Military (TNI) are ostensibly suppressing a decades-long insurgency waged by members of the Free Papua Movement (OPM).

But Human Rights Watch, citing leaked military documents, has alleged that security forces have targeted everyone from tribal leaders to political activists in Papua. Security forces routinely suppress pro-independence groups in the province, jailing those caught flying the "Morning Star" flag for treason and killing local leaders suspected of being separatists, like Reverend Kinderman Gire and Mako Tabuni, of the West Papua National Committee (KNPB).

Security forces hired by Freeport's local subsidiary also engage in regular firefights with unknown gunmen along a road leading to the mine in Timika, Mimika district. The OPM operates from a base in Puncak Jaya, near the Grasberg mine.

The fund concluded that while Freeport's human rights policies have improved in recent years, the activities of the government forces it employs are beyond the company's control. "This limits the effectiveness of further engagement with the company," the fund said in a statement.

Human Rights Watch applauded the move, calling it "a sound decision indeed." "Businesses are getting more and more conscious about human rights abuses," said Andreas Harsono, a researcher with HRW. "Sound businesses do care about human rights."

A spokesman for Freeport-McMoRan said the company was committed to preserving human rights in Papua.

"We are disappointed in the New Zealand Superannuation Fund's decision to exclude Freeport-McMoRan from its portfolio based on claims of breaches of human rights abuses by PT Freeport Indonesia, a Freeport-McMoRan subsidiary," Eric Kinneberg, external communications director Freeport- McMoRan, said.

"As specifically recognized by the Fund, [Freeport Indonesia] has improved its human rights policies and procedures and the actions of the security forces are outside the company's control."

Indonesian security forces protect the Grasberg mine under a presidential decree, Kinneberg said. The mine, which is considered "a national vital asset," accounts for 1.6 percent of the nation's GDP, according to Reuters figures. The Indonesian government owns about 9 percent of Freeport Indonesia, Reuters reported.

The Indonesian government has also looked to the American mining company to invest in infrastructure in the underdeveloped province.

"From the outset of [Freeport Indonesa] PTFI's operations, the government has looked to PTFI to provide logistical and infrastructure support and assistance for these necessary services because of the limited resources of the Indonesian government and the remote location of and lack of development in Papua," Kinneberg said.

The Ministry of Defense declined to comment on the move. Papua Police and local representatives of the TNI were unavailable for comment by deadline. The fund had $1,062,061 in holdings in Freeport as of June 30.

Japan's Tokyo Electric Power Company, China's Zijin Mining Group and construction and defense firm KBR were also dropped from the fund's portfolio. All four were dropped after the fund decided that they were unlikely to affect any change in their policies.

"In making a decision to exclude a company from our portfolio, one of the tests we apply is whether engagement with the company might realistically lead to sufficient improvements," the fund said. "We have come to the conclusion that further engagement by the Fund with these companies is not likely to be effective. "We would rather focus our efforts on companies where we believe we can make a difference."

The fund's equity portfolio includes shares in more than 6,500 companies. It manages the government pension fund available for all New Zealand residents 65 and older.

Freeport, which runs the largest copper mine in the world at Grasberg, has a market capitalization of $37.29 billion and pulled in $3.17 billion in net income last year.

The Grasberg mine accounted for 19 percent of the company's revenue in 2011, according to Bloomberg. Seventy-three percent of its shares are held by institutions and mutual funds.

Papua police looking for suspects in Freeport mob attack

Antara News - September 27, 2012

Timika, Papua – Police in Papua's Mimika district will use CCTV recordings to help identify members of a 300-strong mob that attacked a Freeport Indonesia office on Friday.

Mimika Police still have not named any suspects in the vandalism of the Freeport office in Kuala Kencana and the arson of dozens of vehicles.

"Witnesses from the company's security offices are still being questioned," Sgt. Maj. Hempi Ona, a Mimika Police spokesman, said on Wednesday. "Freeport has filed a police report and the Mimika district police will seriously follow up on the case."

Aside from questioning witnesses, the police will question family members of David Beanal, the recently deceased Papua affairs manager for Freeport.

On Friday, the angry crowd set fire to two cars and threatened to burn down the Mimika district office of the gold mining company, a subsidiary of mining giant Freeport McMoRan failed to fulfill their demands.

The incident started during a meeting between relatives of David and the company's management.

David's family and the mob that later converged on the office wanted Freeport's absent president director, Rozik B. Soetjipto, to be present at the meeting to discuss their impositions.

Police believe that the perpetrators were David's relatives because the attack occurred simultaneously with a family-held religious service in his honor.

Hempi added that Freeport's office buildings in Kuala Kencana still have police lines encircling them for added security, and that the company has fixed the broken windows.

The office is still closed for business activities, as the police are still gathering data and calculating the material losses incurred from the incident.

Aside from shattering windows, the perpetrators also defaced other office equipment such as desks, chairs and computers.

One of the rioters attempted to set one of the rooms ablaze, but the fire was immediately contained and prevented from spreading to other parts of the building. Additionally, the mob burned dozens of motorcycles along with four cars parked in front of an office building

Throughout the service, people who claimed to represent local residents made their ire known: they urged Freeport to provide employment for Papuans in the company's community development and Papua affairs units, as well as provide promotions for current employees.

House backs new Papuan province

Jakarta Post - September 27, 2012

Deputy chairman of the House of Representatives' Commission II on regional autonomy, Ganjar Pranowo, said that lawmakers would support a proposal for the formation of a new province in the southern part of Papua.

"South Papua should become a priority destination and it meets the requirements for becoming a third province, after Papua and West Papua," Ganjar said as quoted by tribunnews.com.

One of the initiators of the establishment of South Papua, Johanes Gluba Gebze, said the region met all the requirements to become an independent province.

He added that five regencies: Asmat, Boven, Mappi, Merauke and Muyu were ready to be included in the new province. A new South Papua province would cover an area of 119,749 square kilometers, which is rich in natural resources.

Many have said that the setting up of a new province would allow local elites to obtain more funding from the government.

The government is due to raise special autonomy funding for Papua to Rp 4.3 trillion (US$450.5 million) next year from this year's Rp 3.10 trillion, and to Rp 1.8 trillion for West Papua from this year's Rp 1.33 trillion.

Papuan leader gets 8 months for vandalism

Jakarta Post - September 26, 2012

Jayapura – Buchtar Tabuni, 32, human rights activist and leader of the West Papua National Committee (KNPB), was sentenced to eight months in prison for vandalism at the Jayapura Prison in December 2010.

Haris Munandar, chair of the panel of judges assigned by the Jayapura District Court to try the case, said in the court on Tuesday that the defendant was proven guilty of throwing stones at the glass windows of the prison's head office.

Hundreds of riot police were deployed to maintain security at the court as more than 200 Papuans attended the session to show support for Buchtar.

Comprehensive dialogue urgent for Papua

Jakarta Post - September 24, 2012

Margareth S. Aritonang, Jakarta – Activists and rights campaigners have called on President Susilo Bambang Yudhoyono to use his visit to Papua next month to initiate a dialogue with all members of the Papuan community to find a lasting solution to tension in the country's easternmost province.

An activist with the Papuan Peace Network, Theo Hesegem, said the only way to end the violence in Papua was by holding a comprehensive dialogue with all stakeholders ranging from local businesspeople, local administrations, indigenous communities and members of rebel groups.

Theo added that it was high time for the government to embrace members of the Free Papua Movement (OPM) in a dialogue for peace.

"It is corruption that is destroying Papua, not the OPM, which has been condemned as a separatist organization. The central government has intentionally nurtured corrupt practices throughout the country, including in Papua, by not doing anything about it," Theo said.

He said the OPM and other noted figures, including Theys Hiyo Eluay and Mako Tabuni, had struggled against corruption, which had caused injustice to the people of Papua.

Indonesian Institute of Sciences (LIPI) researcher Muridan Widjojo said the OPM had been used as a shield for the government's incompetence in administering the province.

"The OPM has conveniently been used as a scapegoat for the government's reluctance to uphold justice [in Papua]. This has only nurtured respect for the movement among Papuans, who view the OPM as a kind of messiah who will one day deliver them from injustice," Muridan said.

Muridan also called on the government to work harder to end the cycle of violence in Papua or risk dealing with the growing popularity of the OPM.

"Papuans name their children after local rights heroes, such as Mako Tabuni or Theys Hiyo Eluay. It's the way Papuans deal with all the discrimination and injustice they have suffered. Both of them died but their spirits live on," Muridan said.

Theys was killed by members of the Army's Special Forces (Kopassus) on Nov. 10, 2002. Mako, meanwhile, was killed in an ambush by police in June of this year.

Separately, Poengky Indarti of human rights watchdog Imparsial said that Yudhoyono, whose term is due to expire in 2014, was burdened with the task of overseeing the peace process in Papua.

"The President has publicly said that his government is open for dialogue to discuss development in Papua. I think this is the right time for him to do that because soon he will be preoccupied with the 2014 legislative and presidential elections involving his Democratic Party," Poengky said over the weekend.

She said dialogue was now even more urgent, given the Indonesian government's refusal to adopt recommendations to promote human rights in Papua, as suggested by the United Nations Human Rights Council (UNHRC) at its quadrennial Universal Periodic Review (UPR) in Geneva, Switzerland in May.

The UNHRC asked Indonesia to adopt several recommendations on Papua, including to end the impunity enjoyed by members of the security forces who commit human rights violations in the province; to release all Papuans who have been detained for publicly expressing their aspirations; and to ensure free access for foreign journalists to Papua and West Papua.

The government is due to raise special autonomy funding for Papua to Rp 4.3 trillion (US$450.5 million) next year from this year's Rp 3.10 trillion, and to Rp 1.8 trillion for West Papua from this year's Rp 1.33 trillion.

Human rights & justice

1965 victims protest against 'The Act Of Killing'

Jakarta Post - September 30, 2012

Apriadi Gunawan, Medan – A victim of the 1965 anticommunist purges in Medan, North Sumatra, Astaman Hasibuan, raised his voice in protest against the controversial film The Act of Killing, which tells the story of the massacre of Indonesian Communist Party (PKI) members in North Sumatra.

The film leaves out the role of the military, whereas in fact, said Astaman, most of the murders of PKI members in the province were committed by members of the military.

"The film did not involve the military, despite the fact that soldiers carried out the massacres. I voice my protest," Astaman told The Jakarta Post on Friday.

The 72-year-old man said he was about to be killed by the military in 1965, but as he was riding on a truck to Labuhan Deli, he leapt off the truck and dove into a river to save his life. Ever since then, he added, he was hunted by soldiers.

"I was repeatedly caught but was able to escape. However, in 1968, I could no longer run and was locked up in a prison on Jl. Gandhi, Medan, until 1972. Then, I was moved to Sukamulia Prison until my release in December, 1977," he said.

Asked what he had done wrong to be detained for nine years, Astaman said he was unaware of any wrongdoing, but added that perhaps he was detained because he was a member of the PKI's Medan chapter of the People's Cultural Institute (LEKRA). Astaman said LEKRA was not a PKI organization but many PKI members were involved in it.

He added all of the caretakers of LEKRA's Medan chapter had passed away, except him. He said only around 15 victims of the 1965 violence in Medan were still alive today.

"We feel sad when we remember the past. We can't stand recalling the incident. It's enough. Everything is history. Now, we can live in peace," said Astaman, who acknowledged he was once interviewed by Joshua Lincoln Oppenheimer for the making of the film.

Astaman, who acknowledged he had read the film's synopsis, said he was disappointed with the film as directed by Oppenheimer because it was not objective and it tended to blame youths as the murderers of PKI members, although the massacres were carried out by soldiers.

Astaman urged the government to immediately investigate the incident truthfully and restore the good names of all victims.

The North Sumatra branch of the Indonesian Missing Persons Family Alliance (IKOHI) said The Act of Killing, starring Anwar Kongo, showed the killings were carried out without a legal basis.

Suwardi, the head of the North Sumatra branch of IKOHI, said the film demonstrated gross human rights violations had taken place during the 1965 purges.

"The film has indirectly told the world that Indonesia is currently behind in resolving cases of basic human rights violations," said Suwardi, expressing the hope the state would no longer tolerate human rights violations.

The film was screened at the Toronto International Film Festival on Sept. 8. The film was shot in North Sumatra and was directed by Oppenheimer, an American citizen.

The leading actor is Anwar Kongo, 72, who was also present in 1965. The actor acknowledged a massacre against PKI members took place in North Sumatra, but added that PKI members also did the same against youths and Muslim clerics.

Anwar, who was then affiliated with the Pemuda Pancasila youth organization, described the situation during 1965 as quite tense because if Indonesian youths lacked the courage to kill PKI members, they would have been killed instead by the PKI.

Anwar acknowledged the tense situation in the film was dramatized by Oppenheimer and was no longer in line with the original script.

He said Oppenheimer had changed the title of the film from its original title Arsan and Aminah, in reference to the romance between two lovers when the violence broke out. In the film, Anwar said he played the role of Arsan, a Pemuda Pancasila member who falls in love with a Gerwani member named Aminah.

"I felt cheated because I was never informed about the change in title. If I knew, I would not have acted in the film," Anwar said, adding the film was made around nine years ago.

Childhood memories of mass murder in Klaten

Jakarta Post - September 29, 2012

Hyginus Hardoyo – The declaration by the National Commission on Human Rights (Komnas HAM) that the 1965 purge of communists and their supporters was a gross violation of human rights immediately revived my memories of the brutal killings.

As a nine-year-old boy, I saw huge piles of bodies in a remote creek somewhere in Jogonalan district in Klaten, Central Java.

On a chilly morning just before sunrise, I went on foot with my elder brother, relatives and neighbors to try to locate the place where we had heard the gunshots.

In the wee hours I had heard: "Det, det, det, det, det...... det, det, det.." "Ono opo to kae (What's up)?" a relative asked in Javanese. No one answered as everybody had been sound asleep. However, it was surely the sound of gunshots.

When we finally reached the site, far from the villages, we found a creek near a railway crossing piled with bodies, full of bullet holes. In the pools of blood I saw gold teeth flashing from gaping mouths. I thought they might have been screaming in pain. Whitish brain matter was splattered over the bodies, possibly because the alleged communist party members were shot at close range.

People flocked to the scene from every direction. Most were speechless. The only expressions heard were of horror.

As a child, I did not know what was going on. What I heard was that the alleged PKI members were slaughtered before they could kill their opponents – Muslims, Christians and others. One rumor was that the communists had been digging holes in many places to bury any opponents of communism the found after the coup.

I learned much later that after the Sept. 30 events, thousands of people – some estimate between 500,000 and 1 million – who were suspected of being PKI members or their supporters, were slaughtered. Many others were jailed for years without any trial or charges, or forced into exile.

The discrimination against people associated with the PKI continued with the government barring them from becoming soldiers, civil servants and teachers or from any employment at state institutions. Former PKI members and supporters also found it hard to get jobs due to the ex-political prisoner status on their identity cards, while their relatives were similarly stigmatized.

Under former president Soeharto's rule, any discussion and recognition of the mass killings that was different from the official state versions was quickly suppressed.

During the nationwide purge, military officials were believed to have deliberately targeted innocent civilians. Many of the victims actually had nothing to do with the communist party or its subordinates.

In its development the Constitutional Court ruled, in 2004, that former PKI members were allowed to contest elections. Two years later, the government deleted the ex-political prisoner label from identity cards.

The human rights commission has now recommended that the military officials involved in the purge be brought to trial. State officials under the Operational Command for the Restoration of Security and Order (Kopkamtib) led by Soeharto, who served from 1965 to 1967, for example, should be taken to court for various crimes, including rape, torture and killings.

The Commission also recommended that the government issue a formal apology to the victims and their family members – an apology which should be followed by rehabilitation, reparation and compensation.

Now the creek where slaughtered bodies were piled, witness to one of the bloodiest incidents in Klaten, is still functioning as part of an irrigation network. Those who do not know that brutal killings ever took place there pay no attention to it, but a chill runs through me whenever I pass it by.

A life disrupted by a 'PKI' dance

Jakarta Post - September 29, 2012

Bambang Muryanto – For the first time, a state-sponsored investigation has concluded that the 1965-1966 killings following the 1965 alleged aborted coup was a "gross human rights violation". Below are reports by The Jakarta Post's team, following on from yesterday's report from Medan and Jakarta.

The sun was shining brightly on a cool Yogyakarta morning. Sumilah, 60, was preparing her sate stall, "Bu Milah", a six-square-meter space in the Prambanan market in Sleman. She poured the gulai, the spicy coconut soup for the goat meat dish, prepared the fire to grill the sate and hung a big hunk of goat meat. The stall and its owner look pretty much like all the others.

Few would guess that these mundane activities have been part of Sumilah's daily routine since she was released from the Plantungan prison in Kendal, Central Java, in 1979.

On Nov. 19, 1965, Sumilah said she was detained for supporting the soon-to-be outlawed Indonesian Communist Party (PKI), which was blamed for the aborted coup of Sept. 30, 1965. She was one of tens of thousands of people arrested, tortured and held without legal proceedings.

Trying to trace what she did wrong, Sumilah pins it down to her innocent schooldays. "I only danced to Genjer-genjer [a Javanese folk song] at concerts in the village," says the petite woman, who left elementary school after the fourth grade.

At 14, she naturally had no inkling of the rapidly developing political events rocking the country. Events that led in the following decades to the stigmatization of anything linked to the PKI – including the song Genjer- genjer that was associated with Gerwani, the PKI's women's group, which was also later banned.

"I only joined in the dancing because the gamelan music was enticing to dance to," said Sumilah, a mother of two.

As a political detainee for 16 years, she moved from the Wirogunan penitentiary, one of those mentioned in the report on the 1965-1966 killings of the National Commission on Human Rights (Komnas HAM) to Bulu prison in Semarang, and finally to Plantungan prison – where she ate rice for the first time since 1973, after an unvaried diet of corn and sweet potato.

The way she tells it, it is difficult to imagine the emotions that seem to have faded over the decades.

In front of the all-male interrogators, Sumilah said she was constantly tortured and sexually abused. "I was always beaten during interrogation, told to strip with my body being turned over and over as they searched for a mark, I don't know what mark they were looking for," she said flatly.

But the recently widowed Sumilah, says she bears no grudges, saying her life was what the Almighty destined for her.

She had little to say about the commission's recommendations in its report – following a detailed report of its findings, Komnas HAM proposed two options; legal or non legal settlement of the victims' lifelong search for justice.

Sumilah falls silent, and then says she would like an official statement that she did nothing wrong. "I would like the government to pay attention to my life, I need capital for my business." Selling sate was not an easy way to make a living, especially since her husband died, she said.

Yogyakarta is also home to Kristina "Mamik" Sumarniati, 67, who was similarly detained at Wirogunan, Bulu, and then Plantungan prisons.

"I was detained for being an activist of the Indonesian Association of Youth and Students [IPPI] which was considered as an affiliate of the PKI," said Mamik, who sells household goods in the Umbulharjo area. Mamik would have been confused as president Sukarno himself was the source of the IPPI's ideology – but then time and politics were turning against the first president too.

Mamik retells her story in her simple, clean home, occasionally wiping away tears. She says she still feels pain in her chest when recalling her experiences during repeated interrogations from 1965 to 1968. "They stripped me during each interrogation. They burnt my hair."

She cited a life of stigma and discrimination, as she was not even allowed to join the local arisan, the customary monthly community savings meetings. "The stigma is like a death penalty to the 1965 victims," she said. Her husband, who died in 2010, was also a former political prisoner.

However being a victim also became a source of strength, she says. The family survived by selling fried snacks, until they had enough capital to open a small kerosene kiosk, which paid for the children's education. Mamik is skeptical over what can be achieved by the commission's report, saying there was no way the country's leaders would care about people like her, what with the focus on corruption.

Yet, Mamik adds that she does hope the government will come up with something concrete, given the momentum for thousands of innocent people like herself.

Mamik said she was not seeking a complicated legal settlement, particularly given that most of the responsible parties mentioned in the report were now dead.

"I need rehabilitation of my name, as I am sure I'm innocent," Mamik said. She also said that the now elderly victims needed health and old age insurance, having long lived in harsh conditions.

Another victim, Bondan Nusantara, 60, is a leading traditional artist in Yogyakarta – He was stigmatized because his mother, the leading lady of a cultural troupe, was a member of Lekra the cultural group associated with the PKI. Theresia Kadariyah, his mother, star of the Kridho Mardi Ketoprak, a Javanese comedy group, was detained for seven years.

Bondan reflects on what children of the political prisoners went through – shame, anger and isolation for over 30 years

"The main thing is that the government must acknowledge that there were innocent victims," he said when interviewed at Yogyakarta's Cultural Center. He adds that the lifelong discrimination made him a stronger person, and says he is not vengeful.

However, he rejects the commission's recommendation of an ad hoc human rights trial. Such a measure "would be politicized by certain groups", he said. "Then my friends and I would face more difficulties, we'd be accused of 'stirring things up' and reviving the [communist] movement again."

The new post-Soeharto freedoms have encouraged some victims to speak out along with their advocates, in turn leading to loudly expressed fears of a "communist revival".

Government acknowledgement of the state's errors would at least be a first step to reconciliation, says Bondan. "It's time to think of Indonesia's future," he says.

Ignorance helps excuse mass killings

Jakarta Post - September 29, 2012

Ati Nurbaiti – Despite unresolved debates on the details of the power struggle of the 1960s, the arbitrary killings and the detention of hundreds of thousands of people in the mid-1960s to the early 1970s clearly remain unaccounted for. They remain largely excused as a necessary purge of the communist movement.

Ignorance is one factor. Not many Indonesians are aware how thousands of families were scattered as couples were separated, children were left with neighbors in the belief they would be safe during civilian and military operations targeting suspected communists.

Denied all their rights, many could not continue schooling, adding to the difficulty of earning a living. And while Indonesians are used to resorting to family help in hard times, many do not realize that this was impossible for anyone associated with targets of the purge.

"I did not ask my brother for help. I could have put him and his family in serious danger if I even tried to contact him," said one woman whose father was arrested in the 1960s.

Another woman, former activist Lestari, now in her 70s, was among those who fled to Blitar, East Java, around 1967, where she was arrested during Operasi Trisula the next year. She said she left her fifth baby with a woman whose child had died in labor. But, when the raids got more intensive it turned out her daughter, Trisulaningrum, had been left in front of a cemetery gate.

"Maybe they were scared because [the baby] was my daughter," Lestari writes. Luckily, the infant was taken by a soldier. Trisulaningrum is now a teacher, says Lestari. Her story is one of several testimonies in Payung Hitam Keadilan (Black Umbrella for Justice) published last year.

Such publications help to slowly build public awareness of stories that were unknown for decades. Historians also challenge the widely accepted understanding that because the banned Indonesian Communist Party (PKI) was so aggressive with its massive support (ranking fourth with over 16 percent of votes in the 1955 free election), the witch-hunt and killings against them was justified and "spontaneous", in the words of the 1994 government White Paper on the "30 September Movement."

Blitar, East Java, where Lestari and many others were captured, is one questionable example of the PKI's real strength. The military targeted South Blitar, where many landless farmers were known to be supporters of the PKI and the Indonesian Peasant Front (BTI). As Lestari recites, she was one of many arrested on the coast. There was nowhere to run, but to the sea. Despite the fact that 85 percent of Blitar's votes went to the PKI in 1955, researcher Andre Liem writes, armed resistance was another story.

Muyatno, an activist who also fled to South Blitar, told Andre that preparations for resistance were largely limited to the identification of existing caves or makeshift hiding places near rivers, paddy fields and in forests, apart from discussing guerilla methods of other resistance movements in Asia.

Residents were reportedly willing to protect the PKI supporters, leading the local Brawijaya military commander Maj. Gen. M. Jasin to identify the enemy of the operation as the "entire population of Blitar", as a military document on the operation states. The operation therefore had to be backed up by various groups of civilian militia, even though the military had previously replaced 234 village heads with ABRI (military) caretakers.

A media report cited by Andre gave a glimpse of the real PKI strength in Blitar. The army said the operation succeeded in seizing just 37 weapons, including 10 pistols and various old weapons from the Japanese and Dutch occupation period, says the account from 2004 book, Tahun Yang Tak Pernah Berakhir (The Never-Ending Year).

Several historians believe that those who intended to wipe out the aggressive PKI and first president Sukarno who defended it, including Soeharto, knew that its massive support did not equate to its real strength both at the national and local levels.

Historian John Roosa accuses the killings of being a "pretext to mass murder", as the title of his 2006 book states, for those implicated in an easily crushed coup attempt could easily be punished without having to resort to widespread killings. Sukarno's remark that the army was "burning the house to kill a rat" was drowned out.

The rapid eradication of the PKI is lauded in the 1994 government White Paper as "the result of collaboration between the government and the people".

In 2000, Blitar hosted a rare attempt at informal reconciliation between local survivors and participants of the witch-hunt from the Nahdlatul Ulama (NU). Previously, the late president Abdurrahman "Gus Dur" Wahid had apologized as a former NU chairman for the involvement of its youth wing, Anshor, in the killings. But, in the wake of the report of the national rights body released in July this year, Anshor leaders rejected suggestions of a state apology to survivors of the 1960s bloodshed, former political prisoners and their respective families. The PKI killed many NU members too, they said.

Thus historian Asvi Warman Adam says the Blitar initiative is unlikely to be replicated elsewhere, at least until the generation who lived through the 1960s passes on.

Yet former prisoner Sri Sulistiawati, who was also captured in Blitar, says she still hopes for rehabilitation and compensation for the homes of suspected communists seized by the government.

She adds, "My hope is that there is no more violence like in 1965, whether it is politicized, [related to] religion, or whatever... It was enough that we experienced it."

SBY urged to settle cases of forced disappearance

Jakarta Post - September 28, 2012

Margareth S. Aritonang, Jakarta – Families and survivors of human rights abuses have urged President Susilo Bambang Yudhoyono to set up an ad hoc court and bring those involved in human rights violations to justice.

They reminded the President of a House of Representatives (DPR) special committee which, in 2009, issued a recommendation to set up an ad hoc human rights tribunal and search for activists who are still missing.

"One word from the President could uphold justice. He is the person to settle past human rights abuses. The Constitution clearly mandates the President to uphold human rights," Mugiyanto, chairman of the Families of Missing Persons Associations (IKOHI) said in Jakarta on Thursday.

Mugiyanto was kidnapped by military personnel during the 1997/1998 turmoil and was later released alive. "We refuse to forget what happened then. We will keep retelling the story to forever remind the people of the troubles," Mugiyanto said on the sidelines of a discussion on forced disappearances in the country.

According to Mugiyanto, his group will always remind the public of the figures who allegedly masterminded the kidnapping – former leader of the Army's Special Forces Command (Kopassus) Prabowo Subianto, now chief patron of Great Indonesian Movement (Gerindra) Party, and former military commander Wiranto, now chairman of the People's Conscience (Hanura) Party.

"They may deny any role in cases of forced disappearances. They have the right to do so. However, there have been countless documents, reports, or research implicating them. A human rights court is the only way to prove the truth," Mugiyanto said.

On Thursday, the Institute for Policy Research and Advocacy (Elsam) launched a research report of patterns of forced disappearance nationwide from 1965 to the early 2000s. The research shows that more than 50,000 people disappeared during those years, and only a few of them were released alive.

During the 1965 purge around 32,774 people went missing; while some 14 people were recorded kidnapped from 1982 to 1985; another 23 vanished during the Tanjung Priok incident in 1984, and 13 activists disappeared during the 1998 May riots.

Forced disappearances are also recorded outside of Java, for example in Aceh and Papua. Around 163 people were reported kidnapped during the military operation from 1989 to 1998 in Aceh, and other 278 people, 63 of them activists, during the military emergency in the province in 2003.

The research further highlighted the case of Aristoteles Masoka as one of many people kidnapped in Papua, missing presumed dead. Aristoteles went missing after he rode in a car with Papuan leader Theys Eluay before the latter was shot dead by members of Kopassus on Nov. 10, 2002.

According to the research, the majority of those who suffered the forced disappearances were influential at grass root level.

"Some were street sellers who shared their criticisms of social injustices with people they met on the streets. Others were street musicians who told stories or sang songs with similar message," researcher Erlijna said.

Above all, the research confirms other findings on a similar theme, for example that members of the military forces were responsible for most cases, or that such incidents were principally driven by two interests – politics and economics.

"We are trying to tell the story of the cruelty of our military forces in the past. These findings might have been unveiled earlier, but it still important to remind the public so that they will live on," Elsam director Indriaswati D. Saptaningrum said.

National Commission on Human Rights (Komnas HAM) commissioner Yosep Adi Prasetyo said that "the research can be used to complement other research to assure the government that forced disappearance is a historical fact". "It's time for the government to do something about these findings to avoid similar cruelty reoccur in the future," he said.

Komnas HAM's fate in limbo as House stalls selection process

Jakarta Post - September 27, 2012

Margareth S. Aritonang, Jakarta – The future of the National Commission on Human Rights (Komnas HAM) is uncertain as the House of Representatives stalls the election of new commissioners.

Following House feet dragging in the selection process, President Susilo Bambang Yudhoyono last month extended the terms for outgoing Komnas HAM commissioners for three months.

Political factions at House Commission III on law and human rights are debating whether to proceed with selection from 30 proposed candidates, following a lawsuit by one of Komnas HAM's commissioners Syafruddin Ngulma Simeulue, challenging the legality of the process.

"Representatives from each faction have presented their views and we will make a decision next week," Commission II Chairman I Gede Pasek Suardika told reporters after a closed-door meeting on Wednesday.

Four political factions, the Democratic Party, the Indonesian Democratic Party of Struggle (PDI-P), the United Development Party (PPP), and the Prosperous Justice Party (PKS), have called for a speedy selection.

But the Golkar Party, the National Awakening Party (PKB), the Great Indonesian Movement (Gerindra) Party, and the People's Conscience Party (Hanura) have stood against a proposal to go ahead with the selection. These factions argue that they should first deal with the lawsuit.

Commission III deputy chairman Nasir Djamil of the PKS said that the final decision would likely be taken by vote. "We can wait no longer. We must make the decision soon. It's been too long and this is getting more urgent as the House will end its session next month," Nasir said.

Syafruddin has filed a lawsuit against the selection committee itself, its chair former constitutional court chief Jimly Asshiddiqie and several Komnas HAM's commissioners, including chairman Ifdhal Kasim, whom he accused of impropriety in the selection process.

According to Syafruddin, the selection committee had arbitrarily required candidates to provide an undergraduate diploma, a condition that is not detailed in the 1999 Law on the human rights commission. Syafruddin said that the new requirement had disqualified him from seeking a second term as he hold no undergraduate degree.

A source familiar with the selection process however told the Post that Commission III stalled the selection process to protect politicians with poor human rights records campaigning for the 2014 presidential election.

"The House is a political institution. Every move made by lawmakers is political, especially in the run-up to the 2014 legislative and presidential elections," the source said.

Cancellation [of the current selection process] would hamper the work of the commissioners because, given their uncertain status, they have no strong mandate to make important decisions. This will eventually compromise their work, the source said.

In recent months, Komnas HAM has made important findings on some of the country's gross violations of human rights.

In August, the outfit announced that oil and gas company PT Lapindo Brantas, which was controlled by Golkar Party chairman Aburizal Bakrie, was responsible for the man-made disaster Lapindo mudflow in Sidoarjo, East Java.

The rights commission also deemed impacts from the mudflow human rights violations. Earlier, Komnas HAM investigation also implicated Prabowo Subianto, the chief patron of Gerindra party and Wiranto, chairman of Hanura, in the alleged human rights violations in the 1998 May riots.

'Human rights must conform to local values'

Jakarta Post - September 25, 2012

Margareth S. Aritonang, Jakarta – Home Minister Gamawan Fauzi has said that the government is drawing up a regulation that would make it possible for local governments to interpret the universal values of human rights in accordance with local conditions.

Gamawan said his ministry was working with the Law and Human Rights Ministry to draft a joint ministerial decree that would set standards on how to define human rights according to local customs that would be used as the benchmark in drafting bylaws nationwide.

"We have to come up with our own standards so that the implementation of so-called human rights will not contradict religious and cultural values embraced by people in parts of this country who have their own traditions," Gamawan said on the sidelines of a hearing with House of Representatives Commission II on home affairs and regional autonomy on Monday.

He said that in Aceh for instance, the implementation of universal values of human rights must adapt to the sharia imposed in the province.

"Establishing our own context of human rights is really important so that people will not arbitrarily use human rights to justify freedom as they like because people usually condemn the government's attempt to regulate them as a violation of human rights. They forget that they must also respect the rights of others. Article 28 of the Constitution clearly states that our rights are bound by the law," he said.

Gamawan said that there was no such thing as total freedom in the country. "We are bound by the rights of our neighbors," Gamawan added.

Article 28(j) of the 1945 Constitution stipulates that each person has the obligation to respect the fundamental rights of others while participating in the life of the community and the nation.

The planned joint ministerial decree is one of three regulations the Indonesian government offered to set up in response to the recommendations made by the United Nations Human Rights Council (UNHRC) in its quadrennial human rights review in May.

The Indonesian government has rejected the 30 recommendations emerging from the meeting, including a recommendation to revoke laws and regulations that curb religious freedom.

In addition to rejecting recommendations on religious rights, the government also stated in its report to the UNHRC that it was unable to give foreign journalists free access to Papua and West Papua, as proposed by the French delegation during the May meeting.

The Indonesian government has also refused to allow the entry of United Nations special rapporteurs on indigenous people and minority groups into the country. The Foreign Ministry said the government had abided by the Constitution when drafting its response to the recommendations.

National Commission on Human Rights (Komans HAM) chairman Ifdhal Kasim denounced Gamawan's statement, saying that the minister failed to grasp the universality of human rights values.

"The international community has agreed on a standard of human rights to judge the performance of a civilized country. The protection of human rights reflects its acknowledgment of humanity," Ifdhal said.

All local ordinances and national laws should in fact be based on the universal values of human rights because they know no religion, race, gender or sexual orientation, he added.

Ifdhal said that the central government should take action against problematic bylaws. A study by the National Commission on Violence Against Women (Komnas Perempuan) found that as of August this year, 282 bylaws were deemed discriminatory toward women.

"A bylaw that conforms to the universal values of human rights will empower the people instead of oppress them further," Ifdhal said.

Yudhoyono government worst performer in terms of human rights: Elsam

Jakarta Post - September 24, 2012

Jakarta – Rights groups have blasted the administration of President Susilo Bambang Yudhoyono for doing very little to solve past human rights violations, despite being in power for almost eight years.

The Institute for Policy Research and Advocacy (Elsam) said Yudhoyono lagged behind all his predecessors, Abdurrahman "Gus Dur" Wahid, Burhanuddin Jusuf Habibie and Megawati Soekarnoputri, in making efforts to reveal past human rights violations.

Elsam researcher Zainal Abidin said Yudhoyono had not even apologized to families and victims of past human rights cases, a gesture that had been made by his predecessors.

The Habibie administration apologized to victims of Aceh's Military Operation Zone (DOM) and those of the May 1998 tragedy, while Gus Dur had apologized on behalf of the Indonesian government for the violence in Papua. Megawati, meanwhile, went a step further by setting up during her tenure two human rights tribunals: one to address the violence in East Timor (now Timor Leste) in 1999 and the other to address the 1984 Tanjung Priok massacre.

"The Yudhoyono administration is stuck in this inertia. It does not want to reveal the truth, to enforce the law or to restore victims' rights," he said. Zainal said that Yudhoyono had failed in his pledge to make human rights and justice the hallmarks of his administration.

Elsam has recorded that his government has so far failed to set up a Truth and Reconciliation Commission (KKR), although a bill on the institution was passed five years ago.

"The bill is now stuck at the Office of the Coordinating Political, Legal and Security Affairs Minister and no one knows where it will go from there," he said.

Zainal added that the Yudhoyono administration had also failed to set up an ad hoc human rights tribunal, as recommended by the National Commission on Human Rights (Komnas HAM), to deal with a number of human rights violations cases.

The cases comprise the Semanggi I and II riots, respectively in 1998 and 1999; the riots in May 1998; the forced disappearances of rights activists between 1997 and 1998; the 1989 Talangsari massacre; the 1965 anti- communist purge and the summary executions in the early 1980s.

Komnas HAM chairman Ifdhal Kasim said the Attorney General's Office (AGO) had taken no steps to investigate the cases following the commission's recommendations. "We never received any response to our reports from the AGO as it declined to even look at them," he said.

Elsam maintains that at least 43 human rights violations cases took place between 1965 and 2000.

Separately, the chairman of the Commission for Missing Persons and Victims of Violence (Kontras), Harris Azhar, said that Yudhoyono had done very little to bring justice to the families of those who perished in the 1999 Semanggi II shooting.

Ho Kim Ngo, the mother of one of the Semanggi II victims, Yap Yun Hap, said she wished the government would listen to the families' grievances.

Yap, who was a third-year student in the department of electrical engineering at the University of Indonesia (UI), was only 22 years old when he died from a bullet shot from a rifle, allegedly fired by a member of the Indonesian Military (TNI), on Sept. 24, 1999.

Ho, whose husband died from hepatitis two weeks ago, said he had died without knowing who was responsible for his son's shooting.

"The government gave us promises, but none of them have been fulfilled. All we want is justice and the perpetrators brought to court," Ho said during an event held to commemorate the 13th anniversary of the incident.

Elsam's executive director, Indriaswati Saptaningrum, said that Yudhoyono appeared negligent in ordering his minions to follow up on the Komnas HAM recommendations. (cor/nad)

Victims of Indonesian communist purge still waiting for apology

Jakarta Globe - September 24, 2012

Presi Mandari – At 72, Sri Sulistyawati still remembers the day when two Indonesian soldiers placed a wooden plank across her belly and used her body as a see-saw, before she fainted from the pain.

Her tale is a lost footnote in one of the last century's bloodiest atrocities, when between 500,000 and two million suspected communists were killed in purges in 1965 and 1966 under general Suharto, who was toppled in 1998.

After being swept under the carpet for nearly fifty years, those atrocities were this year acknowledged for the first time by the government's own human rights body, providing some solace to victims such as Sulistyawati, whose pain and disgrace have gone ignored for decades.

In an unprecedented move, Indonesia's official human rights body Komnas HAM announced in July that it has found evidence of widespread gross human rights violations nationwide during the purges.

The report, based on a three-year investigation and the testimony of 349 witnesses, urged that military officers be brought to trial for crimes including murder, extermination, slavery, forced eviction, torture and mass rape.

The report demanded that the government issue an apology and compensate victims and their families – a move it said it intends to make despite resistance from retired military commanders and the nation's largest Muslim body.

Sulistyawati lives in a two-storey nursing home in the Indonesian capital Jakarta with a dozen other survivors, mostly women aged between 70 to 90.

"They tied my arms and legs with a rope and dragged me on the ground with my face down for a kilometer to a military post," recalled Sulistyawati, whose crime was being a journalist for a nationalist newspaper that backed the country's first president, Sukarno.

"Two soldiers put a wooden plank on my belly, then got on each end and used my body as a see-saw," she remembered. "I fainted from the unbearable pain and had internal bleeding."

The purge had its roots in the tense Cold War politics that marked the final years of the reign of Suharto's charismatic predecessor Sukarno. He had fostered the outlawed Indonesian Communist Party (PKI) as a political force to balance the power of mass religious organizations and pro-Western generals.

This delicate balance collapsed in September 1965, with an abortive coup – which was swiftly blamed on the PKI. But some historians say the military orchestrated the putsch to tighten its grip on power and wipe out communism thriving in the nation.

'In my dreams, I am reunited with my children'

After enduring four years of torture in detention that included electric shocks and nail-pulling for an alleged communist connection, in 1969 Lukas Tumiso landed in a prison labor camp on remote Buru island in eastern Indonesia.

He would stay there for the next 10 years, together with 10,000 other prisoners. "On the island, we built our own prison, a bamboo hut where we slept at night. We also built our own civilization there," Tumiso, now 73, told AFP, adding that the island was at the time swampland and jungle.

Besides clearing forests with their bare hands to plant rice and cassavas, prisoners also built roads, dams and sewerage under strict military supervision, he added.

In one of the interviews with Komnas HAM, an unnamed survivor said he was jailed with hundreds of other prisoners in a cramped five by 25-meter room.

"It was a place where prisoners were slowly killed. Many only survived for a few months. About a dozen people died every night," said the witness, who was jailed for 12 years on Kemarau island on Sumatra island with his wife.

After the Komnas HAM report was released, President Susilo Bambang Yudhoyono ordered the country's Attorney General Office to follow-up on the findings.

For victims such as Sulistyawati, a formal apology would provide some solace, even if it comes decades late. "People must know that we were innocent, we did nothing wrong. Restore our good reputation, we are not human garbage," she said.

For others such as 81 year-old Lestari, now toothless and hunched over with age, there is the hope that a public apology would help fulfill her dream of reuniting with her children.

In 1979, when she was released from 11 years in prison for being a women's rights activist under the PKI's umbrella, her five children refused to accept her.

"After I was released from prison I went straight to see my kids. But they refused to be with me. They were afraid of being labelled communists," she said.

"In my dreams, I always see myself reunited with my children," said Lestari, whose husband, one of the communist party's leaders, died in his cell while awaiting an execution order, and whose four-year old daughter was killed when soldiers raided her home to arrest her.

Decades of discrimination

During Suharto's rule people suspected of having had links with the PKI suffered decades of stigmatization and discrimination. They were not allowed to become civil servants, teachers, or lawmakers.

After Suharto was toppled in 1998, a new government removed some anti- communist regulations. But spreading the ideology is still considered a crime.

Presidential advisor Albert Hasibuan said in April that Yudhoyono intended to make an apology to families and victims of past human rights abuses, including the anti-communist purges, before his second term ends in 2014.

But retired military commanders and organizations including the country's largest Muslim body Nahdlatul Ulama, which has been allegedly implicated in the purges, have rejected any apology.

The NU's deputy chairman As'ad Said Ali said in August that the identity cards of former PKI suspects had been cleansed of their previous history.

"They must not ask more than they deserve. The mark has been removed from their ID cards, and some of their grandchildren have become lawmakers now. "We can forgive them but we cannot forget. For us, this is a non-negotiable price: No apology or compensation."

Human rights must bow to religious values: Home Minister

Jakarta Post - September 24, 2012

Margareth S. Aritonang, Jakarta – Home Minister Gamawan Fauzi said on Monday that his ministry was working with the Law and Human Rights Ministry to draft a joint ministerial decree to define "human rights" – a definition that will be used as benchmark in drafting bylaws.

According to Gamawan, such a decree is important due to the many definitions of human rights being promoted nationwide.

"We must regulate the definition of human rights so that the implementation will not violate religious and cultural values embraced in certain parts of the country, which have their own traits," Gamawan said on sidelines of a hearing with the House of Representatives Commission II on regional administrations on Monday.

He cited Aceh as an example, highlighting that the implementation of human rights – as is internationally understood – must adapt to the sharia implemented in the province.

The joint ministerial decree is among the three regulations the Indonesian government has offered to set up in response to its refusal to adopt 30 "critical" recommendations by the United Nations Human Rights Council (UNHRC) after a quadrennial human rights review in May.

In addition to the decree, the government has also announced that it will establish a law on human rights friendly districts and finalize the long- awaited truth and reconciliation bill to deal with past human rights abuses.

"People usually condemn the government's attempt to regulate them as a violation of human rights. They forget that they must also respect the rights of others. Article 28 of the Constitution clearly states that our rights are limited by the law. Therefore, there is no such thing as total freedom. We are bound by the rights of our neighbors," Gamawan said.

Article 28(j) of the 1945 Constitution stipulates that each person has the obligation to respect the fundamental rights of others while partaking in the life of the community, the nation and the state.

It further says that in exercising rights and liberties, each person has the duty to accept the limitations determined by law for the sole purposes of guaranteeing the recognition and respect of the rights and liberties of other people and of satisfying a democratic society's just demands based on considerations of morality, religious values, security and public order. (swd)

Political parties & elections

Indonesia's election threshold levels called unconstitutional

Jakarta Globe - September 30, 2012

Pitan Daslani – Indonesia's big political parties are struggling to prevent the emergence of alternative presidential candidates for the 2014 election as political scientists said on Saturday that the current requirements needed to enter the race are unconstitutional.

As the House of Representatives prepares a draft revision to the law on presidential elections for deliberation next month, big parties insisted this week that only the contestants who could win 25 percent of the popular vote or control 20 percent of legislative seats may stand for the office.

But Margarito Kamis, an expert on state administration, said that the law that stipulates the threshold is in violation of the Constitution, which makes no mention of a limit to the number of candidates nor a minimum of support for proposing them.

Margarito explained that Article 6A of the Constitution simply states that presidential and vice presidential candidates shall be "proposed by a political party or coalition of parties that participate in the general election." In the Constitution there is no mention of an electoral threshold, Margarito added.

This means that any political party that can gather a minimum of 3.5 percent of the vote, as required by the law on legislative election, has the right to propose its own presidential candidates.

For larger political parties, this is problematic, as it increases the chances of alternative candidates running and potentially siphoning off votes.

The big three parties – the ruling Democratic Party, Golkar Party and Indonesian Democratic Party of Struggle (PDI-P) – all insist on retaining the election threshold at current levels, despite none of them meeting the 25 percent popular vote mark back in the 2009 election.

In the last election, the Democrats, who currently control 148 seats in the House of Representatives, only got 21 percent of the popular vote, while Golkar's 108 seats came from 14.5 percent of the vote. PDI-P received 14 percent of the vote to get 93 seats in Parliament.

So maintaining the threshold at current levels is itself an ambitious target for these big parties. But that is the only "legal" way to prevent other parties from proposing their own candidates.

Golkar is promoting its chairman, Aburizal Bakrie, for the presidency. Meanwhile, Megawati Sukarnoputri, who chairs the PDI-P, is still the most popular candidate, according to opinion polls. The Democrats do not have a candidate yet, at least for now.

Smaller parties represented in Parliament only gathered 3.8 percent to 7.9 percent of the vote in the 2009 election, effectively shutting them out from putting forward a presidential candidate if the proposed threshold stands.

Spokesman of the Hanura Party Saleh Husin said that in a democratic state there should be no limitations on proposing presidential candidates, as voters deserve to have options that may fall outside the political territory inhabited by the major parties.

Maintaining the current threshold would cripple Indonesia's burgeoning democracy, Saleh said on Saturday.

Similar views were expressed by the Great Indonesia Movement Party (Gerindra). Party spokesman Martin Hutabarat said that the bigger parties were afraid of the "Jokowi effect" eclipsing the popularity of their candidates. He introduced the phrase to refer to some voters' preference for younger and down-to-earth candidates, such as Jakarta governor-elect Joko Widodo, known as Jokowi, who defeated incumbent Fauzi Bowo.

Martin asserted that candidates put forward by bigger parties would be too old to fulfill voters' preferences in 2014, therefore the presidential election threshold must be lowered to 3.5 percent to allow for more candidates, especially younger ones.

"Those big parties don't want to lose face. But lowering the threshold means many alternative candidates will emerge to challenge theirs, therefore they insist it be retained [at its current high level]," Martin said.

"Big parties should not be afraid [of the possibility of their candidates not getting elected] because the primary aim of revising the presidential election law is to improve the state system," he said, adding that "the Jokowi effect should come as a threat to them."

Margarito Kamis agreed with Martin's views, saying that in order to improve the state system, all political parties must elect their leaders through conventions or through the merit system instead of through money politics, so that alternative candidates can emerge at a time when Indonesia is in need of fresh leadership.

None of the political parties have elected their leaders through a convention mechanism. Leaders of the political parties tend to be the financiers, making it difficult to challenge them.

"But we need to force political parties to think about this nation in its entirety, not just think about their respective organizations. Political parties must be able to produce the right leaders," Margarito said.

Gerindra Party will on Monday register a request for judicial review of the election law at the Constitutional Court and Margarito said that he hopes the court will satisfy the request.

Like Margarito, Gerindra politicians also believe that setting the presidential threshold at 20 percent or 25 percent is against the Constitution.

Gerindra spokesman Habiburokhman said on Saturday that the big parties' insistence on a high presidential threshold shows that traces of the dictatorial regime of Suharto are still visible today.

He said the threshold requirement is being directed at Gerindra's chairman, Prabowo Subianto, and other alternative candidates who aim to contest the 2014 election.

Gerindra says relationship with PDI-P is still fine

Jakarta Post - September 28, 2012

Jakarta – The leadership of the Great Indonesia Movement (Gerindra) Party has rebutted suggestions that it has fallen out of favor with the Indonesian Democratic Party of Struggle (PDI-P) over the presidential nomination of the former's chief patron Prabowo Subianto.

"We will still build a coalition after the Jakarta gubernatorial election. We are on good terms with all political parties," Gerindra secretary general Ahmad Muzani said as quoted by tribunnews.com.

Muzani said that no tensions had developed between Gerindra and the PDI-P after the success of their coalition in securing the Jakarta leadership with the election of Joko "Jokowi" Widodo in the gubernatorial election.

Executives of the PDI-P said that it was unlikely that the party would extend a partnership forged with Gerindra following Prabowo's claim that he had contributed the most to Jokowi's victory.

"We've learned our lesson," PDI-P senior politician Taufiq Kiemas said on Monday. Taufiq, the husband of PDI-P chairperson Megawati Soekarnoputri and the speaker of the People's Consultative Assembly, added that "this might possibly end the coalition".

In spite of Prabowo's growing popularity among the electorate, his chances of being elected president in the 2014 election is slim as rival political parties attempt to stymie his candidacy.

Political factions at the House of Representatives have agreed to maintain a law that already places a high threshold for a presidential nomination.

Most major parties have expressed a preference for the current threshold of 20 percent of seats at the House or 25 percent of the popular vote, a preference that could serve to quash Prabowo's ambitions.

Analysts suggest that Gerindra will have problems garnering enough votes to enable Prabowo's nomination as the party has been rocked by recent internal party rifts and lacks a presence in the country's far-flung regions.

Prabowo's chances may only improve if Gerindra forms a coalition with the Democratic Party, Golkar or the PDI-P. Gerindra currently holds 26 of the 560 seats at the House.

Political observer at the University of Indonesia Iberamsjah said Prabowo's poor human rights record could have been a reason for the PDI-P to severe its ties with the former commander of the Army's Special Forces Command (Kopassus). "By partnering with Prabowo, the PDI-P or other political parties could lose voter support," he said.

Phillips J. Vermonte of the Centre for Strategic and International Studies (CSIS) said that Prabowo's lack of bureaucratic experience would be a another challenge for him.

"The job requires knowledge of the bureaucracy. A president must be able to communicate to deal with developmental and administrative issues. And Prabowo doesn't have that skill," he said.

Parties gang up on Prabowo

Jakarta Post - September 27, 2012

Margareth S. Aritonang, Jakarta – Another stumbling block has been placed in the path of Prabowo Subianto's presidential ambitions by rival political parties, with their factions at the House of Representatives agreeing to maintain a law that already places a high threshold for the presidential nomination.

Major political parties at the House have expressed a preference for the current threshold of 20 percent of seats at the House or 25 percent of the popular vote, a preference that could serve to quash Prabowo's lofty ambitions.

"We will propose to maintain the requirements set by the current presidential election law, because it puts reasonable terms and conditions on a candidate to run in the presidential election," Golkar Party faction leader Setya Novanto said.

The Presidential Election Law No. 42/2009 stipulates that a political party or coalition of political parties can nominate a presidential ticket if it secures 20 percent of seats at the House or 25 percent of the popular vote.

Contacted separately, Democratic Party faction leader at the House Nurhayati Ali Assegaf said that her faction would stick to the current presidential election law and emphasized: "Not only is the current law still effective, but also lawmakers did not have much time to deliberate a new law".

Smaller political parties have also thrown their weight behind the major parties' proposal to maintain the existing presidential election law. The National Mandate Party (PAN) has announced its preference for keeping the threshold of between 20 percent and 25 percent.

PAN however said that it would accede to a minor adjustment. "We think that it's unnecessary to revise the 2009 law. The presidential threshold requirement is not a major issue for us because we can always build partnerships with other political parties later," PAN executive Viva Yoga Muladi told The Jakarta Post.

Viva, however, declined to comment on the view that the party's stance on the presidential election threshold was aimed at blocking Prabowo's candidacy.

Speculation was also rife that members of President Susilo Bambang Yudhoyono's ruling coalition had joined forces to block any proposal for amending the 2009 presidential election law, with the sole purpose of closing the door on the candidacy of Prabowo, who has seen his popularity grow in opinion polls.

Earlier, the leadership of the Indonesian Democratic Party of Struggle (PDI-P) expressed its displeasure at the coalition with the Great Indonesia Movement Party (Gerindra) in the recent Jakarta gubernatorial election.

Several PDI-P leaders agreed that the party was unlikely to extend a partnership forged with Gerindra in Jakarta's gubernatorial election following Prabowo's boast that he contributed the most to the victory of the apparent winner, Joko "Jokowi" Widodo.

Analysts are suggesting that Prabowo's Gerindra will only garner a minority of the vote due to internal party rifts and lack of a presence in the country's far-flung regions.

Prabowo's chances may only improve if Gerindra forms a coalition with the Democratic Party, Golkar, or the PDI-P. Gerindra currently holds 26 of the total 560 seats at the House.

Gerindra politicians at the House have long campaigned for the lowering of the presidential election threshold.

"A lower presidential threshold will allow more candidates to join the race. Having said that, the candidacy of our chief patron will give voters more alternatives," member of the Gerindra central board Martin Hutabarat said on Wednesday.

Jakarta election honeymoon over for PDI-P and Gerindra

Jakarta Globe - September 26, 2012

Ezra Sihite – Less than a week after the duo of Joko Widodo and Basuki Tjahaja Purnama won the gubernatorial election in Jakarta, the political parties backing them are already bickering with each other.

The winning pair ran on a ticket jointly backed by the Indonesian Democratic Party of Struggle (PDI-P) and the Great Indonesia Movement Party (Gerindra). PDI-P backed Joko while Basuki had the support of Gerindra.

However, Ahmad Basarah, the deputy secretary general of the PDI-P, on Wednesday aired discontent over Gerindra's contribution to ensuring the pair's victory. "The cooperation with Gerindra was not effective. What was massive was still the PDI-P machinery," Ahmad said.

He said each party's cadres, in the national legislature and regional governments, were given areas in which to raise support for Joko and Basuki during the election campaign, adding that he himself had been assigned the Tambora area of West Jakarta.

He said that far-flung PDI-P cadres such as Agustin Teras Narang, the governor of Central Kalimantan and Cornelius, the governor of West Kalimantan, both came to Jakarta to meet with residents and campaign for the pair. He faulted Gerindra for not mounting a similar effort.

Despite the inadequate contribution, Ahmad said, Gerindra appeared to be banking on the victory to promote its top cadre, founder Prabowo Subianto, as a potential presidential candidate in 2014.

Ahmad also bemoaned the results of a recent survey by Saiful Mujani Research and Consulting, which showed that Prabowo and Gerindra had benefited more from the Jakarta election.

He claimed that as the party that had worked hardest to ensure victory for the gubernatorial pair, it should have been PDI-P that reaped more benefit. "The party will evaluate the cooperative arrangement between PDI-P and Gerindra, or with any other political party," he said.

Prabowo a 'liability' for PDI-P

Jakarta Post - September 26, 2012

Margareth S. Aritonang, Jakarta – Although the presidential election is 17 months away, prospects dimmed for Prabowo Subianto after members of the Indonesian Democratic Party of Struggle (PDI-P) downplayed their alliance with the retired general's Great Indonesian Movement (Gerindra) Party.

Several PDI-P leaders agreed that the party was unlikely to extend a partnership forged with Gerindra in Jakarta's recent gubernatorial election following Prabowo's boast that he contributed the most to the victory of the apparent winner, Joko "Jokowi" Widodo.

"We've learned our lesson," PDI-P senior politician Taufiq Kiemas said on Monday. Taufiq, the husband of PDI-P chairperson Megawati Soekarnoputri and the speaker of the People's Consultative Assembly, added that "this might possibly end the coalition".

Separately, PDI-P secretary-general Tjahjo Kumolo told The Jakarta Post that although Taufiq's statement was personal, it also signaled the future of the coalition. "Pak Taufiq has his own thoughts. I think they're worth considering," Tjahjo said on Tuesday.

Meanwhile, Gerindra secretary-general Ahmad Muzani disagreed with statements that said that Prabowo took advantage of the coalition, arguing that Prabowo had been popular prior to Jakarta's election.

"It's up to the PDI-P to decide the future of the party. We have declared the candidacy of our chief patron [Prabowo] and we will move on," Ahmad said.

Jokowi was backed by the PDI-P and Gerindra in the election in a coalition that evoked the 2009 presidential race, when Prabowo ran below Megawati for the nation's top office. Few believe that such a coalition could be forged for 2014.

Several political analysts said that Prabowo would be a liability for PDI-P in 2014, with one describing the retired general as a "dangerous man". According to Iberamsjah, a professor of politics from the University of Indonesia, Prabowo would be dogged by allegations of human rights violations in the riots that saw the fall of the New Order.

"No one will ever forget the May 1998 riots, when Chinese-Indonesians suffered brutal violence and the many forced disappearances [...] Prabowo is a dangerous man," Iberamsjah told the Post on Tuesday.

Iberamsjah added that Prabowo, as the former leader of the Indonesian Military's (TNI) Special Forces Command (Kopassus), could never wash away his dark past, therefore any party that partners with Gerindra risks losing the election.

Separately, Siti Zuhro, a political analyst at the Indonesian Institute of Sciences (LIPI), said that voters were concerned with the personalities of candidates, including their personal temperaments and family affairs.

"Jokowi's victory in wooing the heart of Jakartans shows us that Indonesians prefer a modest and down-to-earth leader instead of an arrogant one," Siti said.

Siti said that Prabowo's efforts to bolster his image abroad would do little to boost his chances at home. "I think the majority of the public is aware of who he really is. His track record of past rights violations is well known."

On the future of the PDI-P/Gerindra alliance, Iberamsjah and Siti agreed that PDI-P was Gerindra's only potential partner in 2014.

The presidential election bill currently under deliberation requires that parties garner between 15 and 20 percent of the vote in the general election to nominate a presidential ticket. Gerindra could work with smaller parties, although that would raise questions as to whether it could pass the electoral threshold.

"Building a coalition with one of the three big parties – the PDI-P, the Democratic Party and Golkar – is the only way [...]. Meanwhile, the Democratic Party's chief patron [President Susilo Bambang Yudhoyono] knows how dangerous Prabowo is," said Iberamsjah.

Will Joko eclipse Prabowo in the 2014 election?

Jakarta Globe - September 24, 2012

Markus Junianto Sihaloho & Lenny Tristia Tambun – While several analysts say that Joko Widodo's victory in the Jakarta gubernatorial election is boosting Prabowo Subianto's chance of winning the presidency in 2014, others believe that he may have created a challenger that he cannot defeat.

Prabowo, founder of the Great Indonesian Movement Party (Gerindra), was one of the first public figures to nominate Joko and Basuki to run in the Jakarta election, reportedly spending billions of rupiah to help finance the pair's campaign.

He also claimed that he persuaded Megawati Sukarnoputri, chairwoman of the Indonesian Democratic Party of Struggle (PDI-P) to endorse the duo.

Several analysts are convinced that with the gubernatorial victory in the bag, the PDI-P will nominate Joko as its presidential candidate, although it remains a mystery as to whether or not Megawati will decide to give the governor-elect a chance.

However, a survey conducted by Saiful Mujani Research and Consulting that polled 1,000 Jakartans just days before the election found that Prabowo was the most popular presidential candidate at this point, with 19.1 percent of respondents vying for him, followed by Megawati and Golkar Party chairman Aburizal Bakrie with 10.1 percent and 10 percent, respectively.

"The survey shows that Prabowo's electability is increasing," Grace Natalie, chief executive of SMRC, said on Sunday.

Some 25 percent of voters that would elect Joko would also choose Prabowo, while only 13 percent opted for Megawati with the rest remaining undecided.

Grace added that the survey demonstrates that most of potential voters are not aware of Prabowo's allegedly lengthy track record of human rights abuses. "Most residents say they don't know about the accusations against him [regarding] human rights abuses, making the issue irrelevant in the upcoming election," she said.

Political analyst Salim Said said that the survey would convince Prabowo to run for president because it proved that most people were not aware of his past rap sheet on human rights.

"I think the Jakarta election was used by Prabowo as a test; it showed that Indonesians forget easily. If Jakarta residents, who have high levels of education, can easily forget, people from other regions [will, too]," he said.

While the human rights track record issue is important to Prabowo, his main problem, however, is ensuring major political parties support him since the law states that only a party or a coalition of parties with 20 percent of the vote in a legislative election can nominate a presidential candidate.

Gerindra only garnered 4.5 percent of the vote in 2009, far from being enough to nominate him in the upcoming election.

The former general has been trying to convince Megawati and the PDI-P, along with Yudhoyono and his Democratic Party, to support him. He's still waiting, however, despite a recent meeting with Yudhoyono and his coalition with the PDI-P in support of Joko.

Fachry Ali, a political expert from the Indonesian Institute of Science (LIPI), commented that since Joko has won the Jakarta gubernatorial election, the PDI-P has no choice but to pick him as its presidential candidate for 2014.

"All indicators suggest that Joko can win the country's top job. His charisma and popularity is [on par] with Yudhoyono in 2004 or even [US President Barack] Obama in 2008," he said. "Not even Prabowo can match him."

If Megawati decided to appoint Joko as her nominee, Prabowo could technically be prevented from running, he added.

Labour & migrant workers

Indonesia's workers protest against outsourcing, low wages

Jakarta Globe - September 28, 2012

Dessy Sagita – Around 10,000 workers descended on Jalan Rasuna Said and Jalan Gatot Subroto in South Jakarta on Thursday to stage protests against outsourcing and low wages.

The protestors, who came from several areas including Jakarta and Karawang, demanded that Manpower and Transmigration Minister Muhaimin Iskander not ignore his responsibility to fight for workers' rights.

"We demand the government gives a decent wage that's in line with the workers' daily needs. We also demand the government erase outsourcing because it makes the lives of the workers miserable," said Baris Silitonga, the protest coordinator.

The protestors, who were mostly members of the Confederation of Indonesian Workers Unions (KSPI) and the Indonesian Labor Union, threatened to hold a national strike if the government failed to comply with their demands by October.

"We demand that the outsourcing system be erased by Oct. 15," said KSPI president Said Iqbal, while staging a demonstration in front of the Health Ministry. He said 2.8 million workers will hold another strike on Oct. 3 and will close industry centers by force if needed.

Protestors also rejected the requirement for workers to partially pay for health-insurance premiums and share the burden with employers, as recommended by the Health Ministry.

According to Iqbal, 10 million workers in 28 provinces will hold a nationwide strike lasting seven days if the government fails to guarantee health insurance for them and an end to outsourcing by the start of the new year. He added that workers were also threatening to close 12 toll gates in protest in early November.

Iqbal said workers also demanded the government issue a regulation that includes anyone with income the same as or below the minimum wage as the recipients of premium payment assistance (PBI).

All Indonesian Workers Union (KSPSI) president Mudhofir said he distributed a notice to all labor unions in 14 provinces regarding the Oct. 3 national strike plan.

"Our demand is un-negotiable and we will stage demonstrations in all places, including the regional legislative council, mayors and district heads' office," he said.

Iqbal said Health Ministry officials who met with the protestors agreed with the Social Security Action Committee (KAJS) and Indonesian Labor Council's views, and promised to take their demands to the health minister and eight other ministers to be formulated into the government regulation bill and the bill on the Social Security Organizing Body (BPJS),

'Migrant workers need more protection'

Jakarta Post - September 25, 2012

Jakarta – Activists have criticized the government and House of Representatives for failing to provide protection to migrant workers employed overseas in the proposed amendments to the 2004 law on migrant workers.

Migrant Care executive director Anis Hidayah said on Monday that the draft bill carried no provisions that would protect migrant workers from illegal practices committed by recruiting companies.

"The lawmakers appear to forget that it is these companies that extort migrant workers. The draft bill is void [of articles] on the issue and carries no provision on how migrant workers should be treated according to the 1990 United Nations Convention on International Migrant Workers," Anis said on Monday.

Anis also said that the Rp 25 million (US$2,614) that workers had to pay before their departure was too high.

The House endorsed a 1990 UN convention protecting migrant workers and their families in April. The endorsement is expected to give the Indonesian government equal footing in negotiations with receiving countries.

Eni Lestari of the Association of Indonesian Migrant Workers in Hong Kong said most problems affecting migrant workers resulted from bureaucratic red tape.

"The government wants to send as many workers as possible because of the remittances, but it is reluctant to ensure our safety and always shifts the blame to recruiting companies," she said, adding that Indonesian missions abroad also did little to help workers.

"Often when we face problems and file complaints with the Indonesian Consulate, they tell us to file complaints with the private agencies, which ultimately ignore our grievances," Eni said.

She also said that the government had failed to establish a standardized training regimen for migrant workers bound for abroad. "Almost 70 percent of the training that we get in Indonesia is useless in the destination countries," Eni said.

Eni said that what workers needed the most was knowledge on legal issues and social conditions in the countries of destination. "Zero knowledge on those issues definitely affects them psychologically," she added.

According to the Manpower and Transmigration Ministry, remittances from overseas workers reached US$8 billion last year, up 10 percent from 2010, which came from about 6.5 million workers.

Lawmaker Poempida Hidayatullah of House Commission IX overseeing labor, who is also member of the House working committee on amending the Migrant Worker Law, said that what caused the problems was lack of coordination between the Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI), the Foreign Ministry and the Manpower and Transmigration Ministry.

"The protection system and the mechanism for the placement of workers need to be improved," Poempida said. (nad)

National strike to demand abolition of outsourcing, contract labour

Kompas.com - September 24, 2012

Jakarta – Workers from the Joint Labour Secretariat (Sekber Buruh) have agreed to hold a national strike on October 3. They are demanding the abolition of outsourcing and contract labour systems, which they insist harms the working class.

"It's definite, we will hold a national strike on October 3. It won't just be a strike, we will also hold street actions", said Sekber Buruh Presidium Secretary Edi Santoso during a break in a mass meeting attended by hundreds of workers from various labour organisations at the divisional office of the Labour and Transmigration Department in North Jakarta on Sunday September 23.

Prior to the mass meeting, hundreds of workers held a peaceful action in front of the Tanjung Priok port area in North Jakarta. They then held a parade riding motorcycles and city busses that set off for the Sudin Labour and Transmigration office in North Jakarta. The rally was watched over by police.

Santoso called on workers and other participants at the mass meeting not to just remain silent during the strike, but join them in taking to the streets in actions that are planned to take palace at a number of points in the industrial zones of Jakarta and nearby Bekasi.

The call was welcomed by the workers at the mass meeting, who came from a number of labour organisations that are part of the Jakarta Workers in Motion (BJB), an alliance of 18 labour organisations throughout Jakarta.

Santoso said the national strike will be conducted peacefully. "Our demands are the abolition of outsourcing systems and the politics of low wages that do great harm to workers", said Santoso.

The national strike will not just be restricted to the Jakarta, Bogor, Depok, Tangerang and Bekasi, but simultaneous strikes are planed in other cities including Cirebon, Bandung, Batam, Semarang and Surabaya.

"The problem of contract labour systems is a problem for workers nationally and because of this workers must fight it collectively, on a national scale", said Santoso.

Sekber Buruh coordinator Michael said that the group will be consolidating with all trade unions to collectively hold a national strike on October 3. The main demand that will be taken up is the abolition of outsourcing by revoking the articles that justify the system, namely Law Number 13/2002 on Labour.

In addition to this, Sekber Buruh will also be demanding improvements to the reasonable living cost index (KHL) in determining minimum wages as regulated by Ministry of Labour and Transmigration Decree 13/2012, by calling for an increase in the components of the KHL from 60 to between 86 and 122.

"This should [happen] without [us] asking, without [us] demanding it, without the need for a national strike, the government is obliged to undertake the mandate of bringing prosperity to workers", he explained.

BJB coordinator Abdul Rosyid said that they would continue to garner support and coordinate with other organisation and labour organisation alliances.

The BJB is not yet able to estimate how many workers will take part in the national strike, but according to Rosyid, a national strike represents a last resort on the part of workers.

Workers have repeatedly called for the abolition of outsourcing systems but this has gone unheeded. "Efforts at bi-partite negotiations with companies and the government have been undertaken many times", he said.

Rosyid said that Law Number 13/2003 is unable to protect workers. Under contract labour systems, workers' futures are uncertain because they are never promoted to the status of permanent employees. Contract workers also do not obtain other basic rights. "There are many who have worked for years and years, but have still not been promoted to permanent employees", he said. This situation is aggravated by low provincial minimum wages (UMP). Rosyid gave the example of the 2012 Jakarta provincial minimum wage of 1,529,150 million rupiah per month. This wage is no longer adequate because of the high cost of living in Jakarta. "This amount is barely sufficient to stay alive", said Rosyid. (RWN)

[Translated by James Balowski.]

Environment & natural disasters

Forest fires rage in Central Java, East Kalimantan

Jakarta Globe - September 27, 2012

SP/Imron Rosyid & Tunggadewa Mattangkilang, Solo/West Kutai – Forest fires have razed thousands of hectares of land in Central Java and East Kalimantan as an unusually intense and protracted dry spell drags on, officials reported on Wednesday.

In Karanganyar, Central Java, more than 500 hectares of forests and tree nurseries on the slopes of Mount Lawu have been torched since Monday, with the fires still raging as of Wednesday.

Aji Pratama, head of the Karanganyar Disaster Mitigation Agency (BPBD), said the extremely dry conditions and strong winds were fueling the flames and making it hard for firefighters to douse them.

"The fires started in Ngawi district [in East Java] and have spread here because of the winds," he said.

"It's not just the brush and shrubs that are getting burned, but also trees, especially pines."

Much of the affected area on Mount Lawu consists of logging concessions that include pine, acacia and eucalyptus trees.

Sunardi, a resident of Ngargoyoso subdistrict further down the slope, said the ash from the burning vegetation was raining down on residential areas. He added residents were afraid that the fire would reach their homes.

"We're 25 kilometers away from the fires, but you never know with the way the wind's blowing," he said.

Maryono, coordinator of the district emergency response unit, said the size of the scorched area was increasing by the hour, with the fire now encroaching on a community forest.

Rina Iriani, the Karanganyar district head, said fires were not an uncommon problem on Lawu's slopes, but this year's blaze was worse because of the dry conditions and strong winds.

She said she had ordered all hiking routes in the area to be temporarily closed and called on resident's living on the mountain's slopes to help in putting out the fires.

In West Kutai, East Kalimantan, forest fires have razed more than 1,500 hectares of land since Monday. A harsh dry spell has also been blamed for the extent of the disaster there.

Yustinus A.S., head of the district forestry office, said the fires were not believed to be man-made. He said the affected area, on the periphery of the Kersik Luway orchid park, a forest conservation area, had previously experienced severe fires lasting several months in 1987 and 1997.

"Both those previous times we lost around 5,000 hectares of forest. This time it's only around 1,500 hectares, most of which was forest area that was replanted after the 1997 fire," Yustinus said.

He added that firefighters and residents alike were trying to put out the flames and prevent the fire spreading to the orchid park.

Haze from the fire is also causing problems at West Kutai's Melalan Sendawar Airport, where visibility was down to one kilometer on Wednesday, well below the usual three kilometers.

The conditions forced the airport to freeze operations from Wednesday. Suparno, the airport manager, said scheduled flights to Samarinda and Balikpapan had to be canceled because of the haze. "We don't know yet when we can reopen the airport," he said.

Health & education

Indonesian politician says science 'irrelevant' in elementary school

Jakarta Globe - September 29, 2012

Markus Junianto Sihaloho – Comedian-turned-lawmaker Dedi Gumelar on Friday aired his support behind the government's move to erase science and social science from the curriculum of elementary schools.

Dedi argued that elementary school students should only be taught basic education.

"Elementary school is time to build character and a mind-set with an education that emphasizes patriotic values, courtesy, culture and principles of Pancasila," the Indonesian Democratic Party of Struggle (PDI-P) politician said.

Subjects like science, geography and social science, he said, should be taught in higher levels, while high school should provide subjects which serve as the basis for education at the university level, he added.

"That way, elementary school children won't be forced to study as much with all of this irrelevant curriculum. Local content should also be reinforced so that we don't lose our culture or our local language," he said.

Dedi criticized the current curriculum as being modeled after the West, saying it "kills" Indonesian values.

"So let our education produce a civilized society, not just physicists and mathematical geniuses," he said. "Let's understand the values of humanity. That is the core of education."

Dedi said Indonesia should go back to the education system adopted during Dutch colonial rule and shortly after independence, when elementary school students were only taught basic education.

"In kindergarten, learning how to count and read should be prohibited because that's the time to play and know nature empirically," Dedi said. "It is easy to teach children to be smart but we should teach children how to be right."

The Ministry of Education and Culture on Thursday announced that science and social science will be taken out of the elementary school's curriculum next year to provide children with less school time.

The ministry said that the new curriculum would emphasize basic mathematics, the Indonesian language, religious studies and patriotism.

But education observer Arif Rahman said elementary schools should still teach at least the basic concept of science and social science without focusing too much on equations and calculations. "[Students] should know early on what the sun is," he said.

Minister proposes extra religious subject to prevent brawls

Jakarta Post - September 27, 2012

Jakarta – Following two recent school brawls that have resulted in the deaths of two students, Religious Affairs minister Suryadharma Ali put the blame on a lack of religious discussion in schools.

He claims that 90 minutes a week of religious classes, as regulated in the national curriculum from elementary to high school levels, was not enough to indoctrinate Indonesian youth with religious values.

"From our point of view, these rampant student brawls are triggered, among other things, by a lack of hours of religious instruction in school," Suryadharma said as quoted by tempo.co on Thursday. "We will cooperate with the Education Ministry and the Home Affairs Ministry to add extra hours of religious subjects in schools."

The extra hours for religious discussions, he said, can be found by reducing other extracurricular activities or imposed during school holidays. He urged the Education Ministry to pay special attention to schools in remote areas to prevent the violence from from spreading.

Two students have died this week after of two school brawls in Jakarta. On Monday, 16-year-old Alawy Y. Putra, a student at SMA 6, was stabbed to death, allegedly by a student of the neighboring SMA 70 high school.

Two days later,17-year-old Deny Yanuar of SMA Yayasan Karya 66 died during a violent clash between students of his school and those of SMK Kartika Zeni vocational school in South Jakarta. The police arrested FR, a student at SMA 70 in Yogyakarta on Thursday. (swd)

Refugees & asylum seekers

Indonesia jails four more soldiers for people-smuggling

Agence France Presse - September 27, 2012

Madiun, East Java – Four Indonesian soldiers on Thursday were sentenced to between five and six years in prison for helping to smuggle illegal migrants to Australia.

The Madiun district military court in East Java province found them "legally and convincingly guilty" of people-smuggling last December, when an asylum seeker boat capsized en route to Australia, killing over 200 people.

"They had worked together in an organized manner to carry out people- smuggling," presiding judge Muhammad Afandi said.

Second Sgt. Kornelius Nama, 37, was sentenced to six years in jail for helping to plot pick-up points for the migrants and source boats to pick them up from the shore, he added.

Three other officers were sentenced to five years in jail for their role as lookouts, he added. All four were dismissed from the military and fined Rp 500 million ($52,000) each, Afandi said.

Their sentences followed Monday's conviction of Second Sgt. Ilmun Abdul Said, who was jailed six years over the same incident. Said was the first Indonesian military officer in history to be convicted of people-smuggling, according to the judges. Previous convictions involved civilians.

Last December's incident is believed to be the largest loss of life from a sinking of one of the many boats packed with Asian and Middle Eastern migrants who undertake the often perilous voyage to Australia via Indonesia.

Afandi said the four officers each received between Rp 48 million and Rp 75 million for their role.

Nama furiously protested the verdict, yelling "We are all victims. The police are also involved!" as he was handcuffed and led out of the court.

Australia is facing a steady influx of asylum seekers arriving by boat, many of whom use Indonesia as a transit hub and pay people-smugglers for passage on leaky wooden vessels after fleeing their home countries. Hundreds of boatpeople have died en route to Australia this year.

Indonesia jails soldier for people-smuggling

Agence France Presse - September 24, 2012

Madiun, East Java – A sergeant on Monday became the first Indonesian soldier to be convicted of people-smuggling as Jakarta tries to stem the flow of asylum seekers traveling via the country to Australia.

Separately, prosecutors demanded prison terms of seven to eight years for four military officers if found guilty in the same case, when an asylum seeker boat capsized en route to Australia, killing more than 200 people.

Indonesia's House of Representatives in April last year passed a long- awaited law criminalizing people-smuggling.

Second Sgt. Ilmun Abdul Said had been "proven legally and convincingly guilty for helping to smuggle hundreds of illegal migrants out of Indonesia," chief judge Muhammad Afandi told the Madiun district military court in East Java province.

"He is sentenced to six years in prison and fined Rp 500 million ($52,000)... He is also dismissed from the military service." Said, 36, told the court he would appeal the verdict.

Last December's incident is believed to be the largest loss of life from a sinking of one of the many boats packed with Asian and Middle Eastern migrants who undertake the often perilous voyage to Australia via Indonesia. Most of the victims were from Iran and Afghanistan.

Local media reports say that asylum seekers pass through checkpoints and board boats bound for Australia with help from corrupt military or police officials in return for cash. Said's sentence was less than the eight years sought by prosecutors under the new law, which carries up to 15 years in prison.

He was "the first Indonesian military officer in history to be convicted of people-smuggling," Afandi told reporters after the trial. Local media reported previous convictions involving only non-military personnel.

Judges did not spell out Said's role, but in earlier trials chief prosecutor Upang Juwaeni said he "helped to find spots where small boats could come ashore, pick up the migrants and take them to bigger boats waiting at sea heading to Australia." Afandi said the capsized boat was the seventh Said had helped to arrange.

Australia is facing a steady influx of asylum seekers arriving by boat, many of whom use Indonesia as a transit hub and pay people-smugglers for passage on leaky wooden vessels after fleeing their home countries. Hundreds of boatpeople have died en route to Australia this year.

Graft & corruption

Debate intensifies over house plan to curb KPK authority

Jakarta Globe - September 29, 2012

Pitan Daslani, Markus Junianto Sihaloho & Ezra Sihite – A proposal by some lawmakers to strip the Corruption Eradication Commission of some of its powers and make it answerable to another body has sparked an intense political debate.

The proposal is contained in a bill drafted by House of Representatives Commission III – which oversees legal affairs – that amends the 2002 law giving the antigraft agency known as the KPK its powers to investigate corruption cases. Under the bill, the KPK will be denied the authority to conduct prosecutions on its own or wiretap suspects. The agency will also be subordinate to a supervisory body that has yet to be named.

The move to curb the KPK has prompted angry reactions from several quarters, including from former Indonesian Military (TNI) Commander Gen. Endriartono Sutarto, who said in frustration that Indonesia should disband the KPK if the only alternative was to weaken it through legislation.

"If the KPK law should be revised, the purpose should be to give it more power – but not less," Sutarto said. "If the KPK's power were trimmed, it would become a meaningless institution like many others."

Indonesia Corruption Watch spokesman Emerson Yuntho said that if the bill sought to weaken the KPK, his organization would lead a nationwide movement to protect the antigraft agency.

"And ICW will reveal the names of those legislators – who have been insisting on amending the KPK law – to their constituencies so they won't be elected again," Emerson said.

The bill received a mixed reaction from lawmakers. Dimyati Natakusumah, deputy chairman of the House's Legislation Committee, was quoted by media on Friday as saying that he would never approve of any legislation that would weaken the KPK because that would "hurt the feelings of society."

The United Development Party (PPP) politician said that the legislation body has the right to recommend a draft bill be deliberated in a plenary session. But "without the approval from us, no draft bill can go any further."

As controversy over the issue escalated on Friday, the Indonesian Democracy Party of Struggle (PDI-P) reiterated the stance it has held since July, that the time is not right to amend the KPK law. PDI-P spokesman Ahmad Basarah, the only dissenting voice on Commission III, said that if forcibly pushed through, the proposed revision would not be objective or clear.

But fellow Commission III member Ahmad Yani, a spokesman for the PPP, said the public should have an open mind in considering the proposed legislation.

The purpose, he said, is to strengthen the functions of the police and public prosecutors. To do so, the authority to conduct wire tapping and prosecution should be returned to courts and public prosecutors respectively.

But analysts said the argument was illogical given the KPK is a well- established body. As a state institution, KPK reports to the president, the House of Representatives and the Supreme Audit Agency (BPK).

The Golkar Party took a more nuanced position. Spokesman Nudirman Munir said the party believed the KPK should not be deprived of its prosecution and phone taping authority, but that there must be clearer rules surrounding the terms of office of its leadership.

Earlier this month, the National Police withdrew 20 investigators assigned to work for the KPK before their mandated terms expired. The action followed the launching of a KPK investigation into police driving simulator procurement irregularities allegedly involving Insp. Gen. Djoko Susilo, who refused to comply with a antigraft agency summons on Friday.

As the KPK grapples with the search for replacements, it is fighting to defends its powers against legislators who believe it needs to be restrained.

So intense is the political tug of war that KPK chairman Abraham Samad said he would rather quit the job than see his agency weakened by the proposed legislation.

After Abraham made the remark, Constitutional Court chairman Mahfud MD and former Nahdlatul Ulama chairman Hasyim Muzadi visited him to offer moral support.

Mahfud told journalists that he and Muzadi had gone to "pray that Samad be strengthened and not quit the job." Mahfud added that there is no need to revise the KPK law and if it should be amended, the only purpose should be to give it more power.

Before the steps to weaken KPK came to light, the agency had announced that it would soon reveal the names of cabinet ministers involved in graft cases. KPK deputy chairman Bambang Widjojanto said that before the end of the year, at least one minister still in office would be indicted for involvement in graft.

Echoing that statement, Abraham said he did not care whether a suspect was a minister, a military general, or another person of high standing. If the person violates the law, Abraham said, the KPK would take stern and decisive action.

On Sept. 19, former Vice President Jusuf Kalla testified in a parliamentary hearing on the government bailout of Bank Century, which cost the state up to Rp 6.7 trillion ($700 million).

Lawmakers were divided after Kalla's testimony. Some called on the KPK to investigate the case, which would likely involve the nation's top officials, while others insisted that the KPK law should be revised before it could conduct the investigation.

But analysts say the recent actions of House Commission III show that people seeking to curb corruption eradication efforts are powerful enough to persuade lawmakers to propose legislation that would secure their ill- gotten fortunes.

In its decade-long existence, the KPK has enjoyed high public standing as it probed some of the nation's most powerful institutions. A public donations campaign earlier this year raised a substantial amount of money for expanded office space after the House denied a funding request.

KPK, police in new standoff

Jakarta Post - September 29, 2012

Margareth S. Aritonang, Jakarta – The Corruption Eradication Commission (KPK) and the National Police were at loggerheads again on Friday as graft suspect Insp. Gen. Djoko Susilo intentionally skipped a questioning session.

Instead of presenting himself before KPK investigators, Djoko, the key suspect in a case centering on the procurement of vehicle simulators, questioned the KPK's authority to summon him.

Djoko, a former chief of the National Police Traffic Corps (Korlantas), sent his lawyers to the KPK building to state that the case was being handled by the National Police.

This contradicted the National Police's commitment to fully support the fight against corruption. Meanwhile, Djoko's lawyer Juniver Girsang said his client skipped the questioning session because there were still legal problems with the case.

"There are two institutions that are dealing with the case, the KPK and the National Police. This has confused our client over which institution has genuine authority," he said.

"We are awaiting a Supreme Court decision on which institution has the right to proceed with the case," Juniver said. He added that Djoko would report the antigraft body for confiscating police documents in July.

Meanwhile, KPK spokesman Johan Budi said that the KPK would summon Djoko again next week. "We have received a letter from him [Djoko] and our investigators will examine whether or not his reasons comply with the law," he said, referring to the law that allows the KPK to forcefully call upon witnesses or suspects who refuse a third summons.

Johan said that any suspect had the right to file a complaint or question the KPK's authority, but such actions would not affect the investigation. "But we will proceed with the case," he added.

The KPK named Djoko its main suspect in early August and alleged that he had abused his authority to enrich himself and others around him and causing state losses worth Rp 190 billion (US$19.81 million) in the procurement of 700 two-wheel and 556 four-wheel vehicle simulators last year.

Although the KPK was the first institution to take on the case, the National Police insisted on taking control. Law No. 30/2002 on the Corruption Eradication Commission stipulates that other law enforcement institutions must stop investigating a case if the KPK is involved.

Earlier, four officers from Korlantas – Adj. Comr. Wisnu Budhhaya, Adj. Comr. Wandi Rustiwan, Comr. Endah Purwaningsih and Comr. Ni Nyoman Sumartini – also failed to show up at the KPK to testify for Djoko, and argued that their names were spelled incorrectly on the summons letters the antigraft body had sent to the National Police. Later, however, all four attended for questioning.

The National Police recently withdrew 20 of its members who were working as investigators at the antigraft body, which many believed was a move to interfere with the KPK's work on the vehicle procurement case because it had the potential to implicate high-ranking officials within the police.

The KPK's bold moves in its attempts to curb corruption have allegedly raised concerns from members of state institutions, given that the antigraft body has jailed a number of politicians and individuals linked to government agencies.

A move to revise the KPK law, which many believe is an effort to weaken the KPK, is being initiated by the House of Representatives.

Lawmakers plan to axe the KPK's authority to prosecute corruption cases through revisions of the law. The House's legislation body has also proposed to remove the KPK's wiretapping power. (cor)

Moves to 'disrupt' the KPK

House:

Police:

Miranda mystery deepens

Jakarta Post - September 28, 2012

Jakarta – Former senior deputy governor of Bank Indonesia Miranda S. Goeltom was found guilty on Thursday, but the mystery of who bankrolled the bribery scheme to appoint Miranda to the central bank remains.

Miranda was so optimistic that she would be acquitted of bribery charges that on Wednesday she ordered her handler to bring home all her belongings from her cell at the Corruption Eradication Commission (KPK) detention center.

But on Thursday, judges at the Jakarta Corruption Court made a decision that stunned her, handing down a three-year jail term and a fine of Rp 100 million (US$10,427) for her role in bribing lawmakers in 2004. And should Miranda fail to pay the fine she will get an additional three months in jail. Prosecutors sought a four-year jail term.

"I am shocked. I am not guilty and God knows I am not guilty," said Miranda, who appeared stunned by the guilty verdict. Miranda said she would appeal the decision.

Presiding judge Gusrizal said in his verdict that Miranda was guilty of violating Article 5 of Law No. 31/1999 on Corruption (paying bribes to government officials) and Article 55 of the Criminal Code (being complicit in bribery). Gusrizal said that Miranda was guilty of the crime although she had no direct role in it.

"Miranda, together with Nunun, was found guilty of cooperating to commit corruption," he said, referring to businesswoman Nunun Nurbaeti, who has been sentenced to 2.5 years in prison for her role.

The Jakarta Corruption Court also sentenced 28 lawmakers to prison for receiving bribes from Nunun.

A member of the panel of judges, Anwar, said that a number of separate events, involving lawmakers, Miranda and Nunun that took place during the selection process of BI senior deputy governor in 2004, were related.

Miranda held meetings with House of Representatives' members from the Indonesian Democratic Party of Struggle (PDI-P) and the Indonesian Military/National Police faction at Dharmawangsa Hotel and at Graha Niaga, before the "fit-and-proper" BI senior deputy governor test in 2004.

A day before the test on June 8, 2004, Ngatiran, an office boy at Nunun's office, delivered four shopping bags to Ari Malangjudo, Nunun's assistant.

The guilty verdict left the public in the dark over who was the puppet master behind Miranda's selection as BI senior deputy governor.

Court proceedings failed to discover who supplied Nunun with the 480 traveler's checks, worth Rp 24 billion ($2.66 million) to bribe lawmakers to swing their votes for Miranda.

The Jakarta Corruption Court has revealed that the same checks were purchased by plantation company PT First Mujur in 2004 to buy small oil palm plantations in North Sumatra, but the chain of evidence regarding the flow of the checks came to a halt as Ferry Yan, who brokered the purchases, died in 2007.

Many believed Ferry could have revealed how the checks bearing the same serial numbers had found their way into lawmakers' pockets.

The court also discovered that First Mujur president director Hidayat Lukman ordered his finance director, Budi Santoso, to purchase the same checks from Bank Internasional Indonesia (BII) using money from Bank Artha Graha.

KPK spokesman Johan Budi said that investigators would continue hunting for the puppet master. "We will first verify any evidence, even the smallest piece, before making any conclusion," he said.

Johan shrugged off speculation that KPK investigators were targeting Artha Graha and BII officials.

Indonesia Corruption Watch (ICW) activist Donal Fariz said that the KPK should appeal the verdict.

"Not only is the jail term lower than the sentence demand, but the trial failed to reveal the benefactor who supplied the traveler's checks," he said. "The KPK can start by investigating companies or banks that benefitted from [Miranda's] policies," he said. (cor)

Miranda gets three-year prison term

Jakarta Post - September 27, 2012

Jakarta – Judges at the Jakarta Corruption Court have sentenced Miranda Goeltom to three years' imprisonment for bribing lawmakers to elect her as Bank Indonesia senior deputy governor in 2004.

Miranda, according to presiding judge Gusrizal, violated the 1999 Corruption Law's Article 5 (1) on bribery.

"The defendant is proven guilty of bribery and therefore should serve three years in prison," Gusrizal said during a verdict hearing on Thursday in Jakarta.

Miranda is also obliged to pay Rp 100 million (US$10,427) in fines or serve an additional three months in prison. The sentence is lower than the four- year sentence and Rp 150 million fine sought by prosecutors.

Previously, some 28 lawmakers were convicted for receiving bribes in the form of traveler's checks worth a total of Rp 20.85 billion, and businesswoman Nunun Nurbaeti, the intermediary in the case, had also been sentenced to two-and-a-half years in prison.

In response to the verdict, Miranda said she wanted to file an appeal. (cor/riz)

Riau Islands governor promotes ex-graft convict

Jakarta Post - September 27, 2012

Fadli, Batam – The Riau Islands governor has appointed a former graft convict, Azirwan, as head of the provincial maritime resources and fishery office, which has drawn the ire of the Corruption Eradication Commission (KPK).

Azirwan, the former secretary of the Bintan regental administration, was jailed for bribing Amin Nasution, a former legislator of the United Development Party (PPP) and member of House of Representatives' (DPR) Commission IV on agriculture, plantations and maritime affairs, at the Ritz-Carlton Hotel in Jakarta in March 2008. Amin was the first House member to be arrested by the KPK under the leadership of Antasari Azhar.

The KPK seized Rp 4 million (US$440) from Azirwan and Rp 67 million from Amin's car. In return, Amin was expected to help gain approval for the conversion of an 8,000 hectare protected forest in Bintan into a business zone.

The total bribe paid by the Bintan administration to the House, through Amin, was Rp 4 billion. Azirwan was sentenced to two-and-a-half-years on Sept. 1, 2009, but was released mid-2010.

Bintan Regent Anshar Ahmad then appointed Azirwan chief commissioner of the Bintan Enterprises Agency. On March 9, Riau Islands Governor Muhammad Sani appointed him interim Riau Islands Maritime Affairs and Fishery Office head and on Sept. 24, he was sworn in as office head.

KPK deputy head Busyro Muqoddas told The Jakarta Post in Batam on Tuesday that local administrations had the authority to appoint an ex-convict as a public official. However, the KPK questioned how the local administration could appoint someone with such as track record.

"I don't know how he was appointed. The KPK imposed a legal sanction on the concerned person. The issue lies within the local administration. How could this be?," said Busyro on the sidelines of a journalistic anticorruption workshop.

On the same occasion, KPK spokesman Johan Budi, who is familiar with the case, said the KPK could legally ask that a person with a criminal record be dismissed by his or her superior.

"It depends on the Home Ministry. The question is whether or not a corrupt person can hold a strategic position? Has the executive body failed to see that freedom from corruption is deemed a determining factor in choosing an official?" said Johan.

When asked about his office's commitment to corruption eradication given Azirwan's appointment, Riau Islands Deputy Governor Soeryo Respationo declined to comment. "Please ask the Riau Islands Civil Servant Employment Board head about the matter. I don't need to respond to the matter," Soeryo said.

Riau Islands Civil Servant Employment Board head Buralimar told the Post on Wednesday that Azirwan was currently a second echelon official. Technically, his appointment as a public official is the prerogative of the governor and deputy governor.

"My position as an agency head is the same as that of Azirwan. I'm not willing to comment on his appointment. Just ask my superior," said Buralimar. When reached by phone, Azirwan declined to comment.

Military says KPK can use its detention facility without interference

Jakarta Globe - September 26, 2012

Ezra Sihite & Farouk Arnaz – The Corruption Eradication Commission has been assured it will have full control over the detention facility it is currently borrowing from the military.

Indonesian Military (TNI) chief Adm. Agus Suhartono said that although the facility is owned by the military, the antigraft body known as the KPK will supervise the facility and have control over it.

"What [you] need to know is that the asset is owned by the military but the management, supervision, can be run by KPK," Agus said on Tuesday.

He made the remarks following criticism from lawmakers that the KPK should have tried to borrow a detention facility from the police or prosecutors office first.

Speculation arose that the KPK was avoiding police facilities because of the potential for police officers to be held in an ongoing investigation, a move that has the potential to create conflicts of interest among other officers.

Agus said the military will review the Memorandum of Understanding related to the lending of the detention facility to see if it violates the law. If it does constitute a violation, Agus said, the military will regain control of the facility.

"But if it's going to help with the corruption fight, well then let's do something good together," he added.

He said the plan to lend the facility to the KPK should not be seen as a sign of conflict between the KPK and the police, because the fight against corruption is the responsibility of every citizen.

"They [the KPK] has to work together with all elements in the country," Agus said. "That includes the citizens and the military."

Meanwhile, the National Police went ahead and removed 14 of its members who had been working as KPK investigators.

"Fourteen out of 20 investigators whose terms have expired, have reported back to the National Police headquarters," said National Police spokesman Brig. Gen. Boy Rafli Amar. "We're waiting for the rest to report back and we're preparing 20 people to replace them."

The KPK has been lobbying the National Police to not withdraw its 20 investigators, who have been helping the antigraft body solve major cases.

The KPK secretary general visited the National Police on Monday, and is believed to have sought an extension to the assignments of the 20 investigators.

KPK spokesman Johan Budi said that four are senior investigators whose work periods at the KPK have expired. The commission was hoping to keep the remaining 16, because four have been appointed as task force or team leaders, while the remaining 12 were in the midst of other cases. But the KPK's appeal appears to have fallen on deaf ears.

The two law enforcement agencies have long fought over who has jurisdiction to investigate a driving simulator procurement scandal that allegedly involved several police generals and is reported to have cost the state at least Rp 100 billion ($10.5 million) in losses.

The police soon after the KPK began its probe said they were going to withdraw their 20 investigators from the agency, a move likely to hinder its ability to investigate corruption cases.

The police then sent 14 officers, including 10 generals, to the KPK to replace the 20 investigators, but they were all rejected by agency.

The KPK said it was training 20 new investigators in an attempt to replace those who left or will be leaving. That will still leave several cases in limbo. The recruits were to have undergone training through Australian and US law enforcement agencies.

A police officer who declined to be identified said the KPK was being unreasonable in rejecting the officers.

The generals turned down by the KPK included Ronny Frankie Sompie (supervision and investigation bureau chief), Syahrul Mama (South Sulawesi Police deputy chief), Ari Dono (criminal director) and Nur Ali (antigraft director).

After hiatus, KPK resumes probe of Hambalang scandal

Jakarta Post - September 26, 2012

Jakarta – After several weeks, the Corruption Eradication Commission (KPK) has resumed investigation of graft in the construction of the Rp 2.5 trillion (US$265 million) Hambalang sports complex in Bogor, West Java.

Riyadi, a driver for the family of Democratic Party chairman Anas Urbaningrum, was the first to be questioned on Monday night as KPK investigators resumed their probe.

According to the commission's spokesman, Johan Budi, Riyadi was not summoned to provide information on Youth and Sports Ministry official Deddy Kusdinar, the only suspect to have been named by the KPK in the scandal.

"We're launching another inquiry into the same case," Johan said. The investigation would not stop at Deddy, according to Johan, who said that the commission would name other suspects if it later found adequate evidence.

Johan's statement echoed the earlier words of KPK deputy chairman Bambang Widjajanto, who said that Deddy was merely "the first rung of the ladder".

The KPK named Deddy, the chief of the financial and internal affairs bureau of the Youth and Sports Ministry, as suspect in the investigation in July.

The KPK previously summoned Riyadi to talk about a car owned by Anas that was allegedly given to him by state-owned construction firm PT Adhi Karya, the company that won the tender to build the sports center.

Former Democratic Party treasurer and disgraced lawmaker Muhammad Nazaruddin, who was convicted in another graft scandal, has accused Anas of playing a major role in the Hambalang project, which was launched by the Youth and Sports Ministry in 2010.

Nazaruddin testified that Anas accepted a Toyota Harrier vehicle from PT Adhi Karya. Investigators twice questioned Anas in July in connection to the Hambalang scandal and are expected to summon him again.

KPK has also summoned Anas' wife, Athiyyah Laila, who was a commissioner at PT Dutasari Citralaras between 2008 and 2009. The firm was hired as a sub- contractor for the sports center by PT Adhi Karya.

Nazaruddin's statements have implicated several important figures in the scandal, including Anas, Youth and Sports Minister Andi Mallarangeng and several lawmakers on House Commission X overseeing sports and the House budget committee.

Nazaruddin also alleged that Andi told ministry secretary Wafid Muharam that PT Adhi Karya would handle the project.

Johan said that investigators would follow the money in the graft probe and focus on how land certificates were issued and materials procured in the Hambalang project.

Investigators from the KPK raided seven locations in July in connection with the case, including the offices of the Youth and Sports Ministry's planning division in Central Jakarta and Cibubur, construction firms PT Adhi Karya and PT Wijaya Karya and the East Jakarta Public Works Agency.

Investigators have questioned dozens of witnesses about the role of Deddy and up to 10 other potential suspect. However, Johan said that the commission was not scheduled to summon Anas again.

KPK deputy chairman Busyro Muqoddas earlier said that investigators had yet to make a breakthrough in their probe. "In time we will be able to predict what will happen. As for now we make no significant progress yet. The case is ongoing," Busyro said. (cor)

Cabinet secretary irks lawmakers with recording's submission to KPK

Jakarta Globe - September 24, 2012

Rizky Amelia & Markus Junianto Sihaloho – Cabinet Secretary Dipo Alam on Monday gave the Corruption Eradication Commission the recording of a 2008 meeting at the Presidential Palace allegedly convened to discuss the bailout of Bank Century, angering some lawmakers who felt they too should be privy to the tape's contents.

Dipo handed over the recording of an Oct. 9, 2008, meeting of high-level officials and advised legislators interested in the matter to follow up with the antigraft body known as KPK. "[To] the House of Representatives, please ask the KPK," Dipo said, referring to the contents of the recording.

He said he opted to give the tape to the KPK because he deemed the House to be neither a judicial body nor a law enforcer. Dipo said the recording was given to the KPK in the interest of transparency.

The meeting, attended by President Susilo Bambang Yudhoyono, then-KPK chief Antasari Azhar and several other top officials, was allegedly held to discuss the 2008 bailout of the troubled bank.

Other officials in attendance included Supreme Audit Agency (BPK) chief Anwar Nasution, Attorney General Hendarman Supandji, former National Police chief Hendarso Danuri, Finance Minister Sri Mulyani and the state and cabinet secretaries.

Antasari has since denied that the meeting was held to discuss Bank Century, insisting it was instead convened to address the global economic crisis.

The government ultimately committed Rp 6.7 trillion (worth $669.2 million at the time) to prop up the ailing bank and in the years since, many have said that decision and the implementation of the bailout contained irregularities indicative of corruption. The House set up a supervisory committee to look into the irregularities.

KPK spokesman Johan Budi said the commission would provide the House task force studying the case with the recording, but added that "as to whether there is the possibility of handing it over to the House of Representatives or not, what is certain is that the material is needed by the KPK for its investigation."

He said KPK chairman Abraham Samad and his deputy, Bambang Widjojanto, met with Dipo to receive the recording.

But Bambang Soesatyo, a member of the House's Bank Century supervisory team, expressed anger at Dipo's move, saying it reflected an uncooperative attitude from the Yudhoyono administration vis-a-vis the legislature.

"I do not understand why a number of presidential aides tend to be confrontational with the House of Representatives. They do have to serve the president, but their behavior should not destroy the prevailing order," Bambang said.

Bambang, a member of the Golkar Party, acknowledged that the House lacked any law enforcement mandate. But he added that in the context of their supervisory duties, the working units of the legislature had the right to seek and gather evidence.

"In the Bank Century case, for example, the House can even order the state audit board [BPK] to conduct a forensic audit and demand the results be delivered on time," Bambang said.

He said Dipo might hold a different understanding of the legislature's oversight role.

"It is clear that the first one to ask for the recording of the Oct. 9, 2008 [meeting] was the House supervisory team for the Bank Century legal scandal," he said. "Maybe Dipo does not understand the duties of the House supervisory team."

He said his team was charged with "safeguarding" the ongoing probe and therefore had the right to access to the recording as evidence.

Police chief approved graft-ridden driving simulator project: Report

Jakarta Globe - September 24, 2012

National Police Chief Gen. Timur Pradopo has been implicated in the driving simulator graft case that recently sparked off a fresh feud between the Corruption Eradication Commission (KPK) and the police.

Local Tempo magazine obtained a copy of a decree signed by Timur on April 8, 2011, that approved of company Citra Mandiri Metalindo Abadi as the winner of a bid to procure driving test simulators for automobiles. The contract was valued at Rp 142.4 billion ($15 million).

The decree was also signed by a number of other senior officials within the National Police, including the head of the police's Traffic Corps as the initiator of the project, the head of the general secretariat, the National Police chief's assistant for facilities and another assistant for general planning and development.

The National Police deputy chief and the inspector for general supervision are two other officials whose signatures were seen on the decree.

An anonymous source with the National Police told the magazine that any project worth more than Rp 100 billion needed to be approved by the police chief before it could be executed.

National Police Deputy Chief Comr. Gen. Nanan Sukarna and Deputy Chief Detective Insp. Gen. Saud Usman Nasution have refused to comment on the Tempo report, part of which was published on tempo.co on Monday.

National Police spokesman Sr. Comr. Agus Rianto, meanwhile, said the driving simulator procurement deal was fully the responsibility of then Traffic Corps head, Insp. Gen. Djoko Susilo. "The National Police chief was only cc-ed," Agus said.

The KPK began their investigation in the graft-ridden project in July, naming several police generals, including Djoko, as suspects in the case. Djoko is accused of taking a Rp 2 billion kickback to award the contract for the simulator procurement to an unqualified company.

Djoko was serving as the governor of the Police Academy when he was implicated in the case and was discharged from the position in August.

Shortly after the KPK named Djoko a suspect, the police claimed it had already launched its own investigation into the case. A lawyer for the National Police, Otto Hasibuan, claimed that a police detective informed the KPK of the probe in July.

5,500 signatures back KPK to investigate police graft case

Jakarta Post - September 24, 2012

Jakarta – In the midst of allegations surrounding a high-profile graft case centered on the driving simulators procurement project, human rights activist Usman Hamid says that a petition demanding the case be taken over by the Corruption Eradication Commission (KPK) has collected thousands of signatures supporting the KPK to fully handle the case.

Currently, the KPK and the National Police are jointly investigating the case. "As of now, 5,500 petition signatures have been collected," Usman revealed during a press conference held at the Maarif Institute on Monday, as quoted by tribunnews.com.

Even though the petition has received 5,500 signatures, Usman said the amount is actually less than what was hoped for. He said that his camp would continue to gather signatures until they reach 20,000 or more. For now, the petition has been sent to President Susilo Bambang Yudhoyono and National Police chief General Timur Pradopo.

Initially, the petition was rolled out in response to the incident where KPK investigators were obstructed by the National Police investigators while confiscating evidence in the case.

"That incident continued with the recall of 20 police investigators from the KPK by the order of National Police chief," Usman said.

In response to the incident, Usman asked the public to participate in the petition, urging the President to act firmly on the case. "This petition asks the President to reinstate those investigators that were recalled, and for the simulator case to be handled by KPK," Usman cited.

For those who would like to participate in this petition, you may visit www.change.org/serahkankeKPK. (rms/swd)

Terrorism & religious extremism

Kontras says Densus 88 broke the rules during terrorism raids

Jakarta Globe - September 26, 2012

Farouk Arnaz – A human rights group on Tuesday expressed support for the National Police and its anti-terror unit in the ongoing fight against extremism, but also called on it to be legally accountable.

Commission on Missing Persons and Victims of Violence (Kontras) said it protested the arbitrary nature of recent raids against suspected terrorists in several areas of the country.

"Kontras strongly protests the actions of personnel of the National Police's anti-terror special unit, Densus 88, in a series of actions against terrorists in Solo and several other regions in Indonesia," Kontras said in a statement on Tuesday.

The organization said the operations have been ongoing for three months. Kontras acknowledged Densus 88's success in apprehending several terror suspects in a short time, but accused the police agency of not playing by the rules.

"This is proven by the arrests of wrong people, combined with actions to immobilize civilians," the group said. "Actions like these have the potential to prompt more terrorism and are counterproductive to the aims of Densus 88 in fighting terrorism."

It cited the mistaken arrest of Muarifin in July and of Dul Rahman on Saturday. It also pointed to the assault in August of Wiji Suwito, the father-in-law of Solo terror suspect Bayu Setiono.

Kontras said those cases showed that the Densus 88 personnel do not always act according to the rules set by the National Police last year relating specifically to its handling of terror suspects.

The rules, the group said, require a thorough analysis of the suspect and the situation to be made before any raid. Arrests should also abide by the principles of caution and taking into account the safety risks involved.

"Therefore we ask the National Commission on Human Rights [Komnas HAM] and the ombudsman to look at the problem of violence in anti-terrorism operations, conduct a joint investigation and provide corrective actions for the police, especially Densus 88," Kontras said.

Meanwhile, police have released two of the 11 terrorism suspects arrested in recent sweeps in Central Java and West Kalimantan because the law enforcement officers could not find enough evidence to charge them with terrorism.

The two arrested men were Nopem Biarso and Indra Fitrianto. They were released on Monday. Weekend raids uncovered apparent preparations for the production of bombs.

Hard-line & vigilante groups

FPI intent on alcohol raids despite failing in latest stunt

Jakarta Globe - September 25, 2012

Bayu Marhaenjati – The Islamic Defenders Front says it will persist with a campaign to close down all convenience stores that sell alcoholic beverages, after a bid to shut down a 7-Eleven outlet in Pasar Minggu, South Jakarta, was blocked by police on Saturday.

The hard-line group known as the FPI defended its move, proclaiming that the convenience store was selling booze.

FPI Jakarta chairman Salim Alatas claimed that the local residents there were all opposed to the presence of the newly opened store on Jalan Pejaten Raya, which he said was operating without a proper license or the local community's consent.

"It's not only about permits. Selling beer or alcohol is prohibited. That's why we tried to seal it off," Salim said.

The FPI chief said his group planned to cordone off all 7-Eleven outlets and other convenience stores selling alcohol. "All of [them]. Those that sell alcohol will be sealed off," he said.

Sr. Comr. Rikwanto, a spokesman for the Jakarta Police, vowed on Monday that police would prevent any move by the FPI or other groups to take the law into their own hands. "We don't care who it is, we will act against those who break the law," he said.

The incident on Sunday was just the latest example of the FPI acting as the country's morality police. For years the hard-liners have attacked legitimate businesses and people they deem to be violating Islamic law.

On Saturday, a mob of around 20 men from the Jati Padang chapter of the FPI stormed the 7-Eleven outlet at 10:15 p.m. and demanded that the staff shut it down.

Police quickly broke up the illegal occupation, but the group, led by a cleric identified as Herianudin, managed to stick up a poster that read "This building has been sealed off by the people of Pejaten Barat/Jati Padang because it doesn't have a building permit, business permit or approval from the local community."

The FPI members then rode in a motorcycle convoy to a nightclub on Jalan Raya Tanjung Barat. The establishment was closed, but the mob still attempted to get inside. They were prevented from doing so by the police.

Comr. Adri Desas Furianto, the Pasar Minggu Police chief, said on Sunday that the FPI and representatives from the targeted businesses would meet on Monday at the Pasar Minggu subdistrict office to discuss their grievances.

Officials from Modern Putra, owners the 7-Eleven franchise in Indonesia, declined to comment on the FPI's stunt.

Hard-line Muslim groups not ready to accept 'infidel' as Jakarta's leader

Jakarta Globe - September 26, 2012

Pitan Daslani – Joko Widodo and deputy Basuki Tjahaja Purnama's victory in Jakarta gubernatorial election has prompted an open-ended question regarding the Muslim majority's degree of acceptance toward non-Muslim executive leaders.

On one hand the intellectual community has hailed Jakarta's election result as a victory of democracy, pluralism, and meritocracy, given that Basuki's ethnic and religious background did not seem to bother a majority of the voters. Many Jakarta voters opted for him due to his proven track record and vision despite the fact of his "double-minority" status – a Christian of Chinese ethnicity.

"Like it or not, Jakarta can become a barometer for Indonesia," said Iberamsjah, a political expert from the University of Indonesia. "If a non-Muslim can be accepted in the capital, he or she should be accepted across the country. Don't be surprised if more good, quality leaders from the minority groups emerge."

On the other hand, however, pressure is growing within fundamentalist Muslim circles that are unwilling to accept a non-Muslim occupying the mayoralty or gubernatorial chairs to rule a Muslim-majority population.

They say that Joko's victory, which propelled Basuki to prominence in the capital, spells danger for their future propagation efforts. The theory that these fundamentalists are promulgating is that Joko will not serve the full five-year term because he will be nominated by political parties to run for the presidency in 2014. That move would leave Jakarta's governorship in the hands of Basuki.

Likewise, Joko's chair in Solo will be automatically filled by vice mayor FX Rudyatmo, a Catholic who will lead a Muslim-majority population. This is unacceptable to some of the more hard-line Muslim groups. They refer to Basuki and Rudyatmo as "infidels" who should not become their leaders at any cost.

On Monday, the Solo branch of the Islamic Defenders Front (FPI) said that it would set up a Shariah council in Solo to "respond to Jokowi-Basuki's Jakarta election victory."

"Establishment of this council is a clear rejection of [the plan to appoint] FX Rudyatmo as the mayor of Solo," the publication Harian Jogya quoted Khoirul, commander of the Solo chapter of FPI, as declaring.

"Jokowi's victory in Jakarta has caused FX Rudyatmo to be promoted as the mayor of Solo," Khoirul said, calling the governor-elect by his nickname. "We cannot accept being led by an infidel. Muslims cannot be led by infidels. We will form a Shariah council to make Solo a Shariah city."

The FPI leader said that this will lead to making Indonesia a Shariah-based state. The council is to be established within a week's time, he declared. He added that the council will not confront the government of Solo but will "work for the good of Muslims in Solo."

Khoirul explained that after setting up the council in Solo, his organization would set up similar Shariah councils in other areas across Indonesia, beginning with Malang, Purworejo, Purbalingga and Tasikmalaya.

"The peak will be in 2014 when hopefully an imam [religious leader] will emerge to lead... one who is devoted and committed to fully imposing Islamic Shariah," he stated.

His views were supported by Munarman, chairman of the Central Executive Board of the FPI in Jakarta, who said on Monday that the negative implications of Basuki's victory in the Jakarta election included his exercising power over many Islamic organizations in the city.

"There are certain important positions in a number of organizations that must not be occupied by infidels when Basuki becomes vice governor," he said when addressing an audience at Baiturrahman Mosque on Jalan Saharjo, South Jakarta.

Contrary to such radical views, Indonesia's largest Islamic organization the Nahdlatul Ulama (NU) says that religion and ethnicity should never be made an issue in a democratic society.

NU chairman Said Aqil Siradj said that religious and ethnic slurs are no longer suitable in the present-day context of democratic Indonesia and this has been proven by the results of last week's election.

Despite repeated campaigns against Basuki, the majority of voters opted for him and Joko because voters use sound rationale in making their choices, Aqil added.

Quoting Abul Abbas Taimiyah al-Harrani, also known as Ibnu Taimiyah, an Islamic philosopher from Turkey who died in 1328 after publishing the book Fiqh Khusyatah, the NU chairman said: "Justice brought forth by a non- Muslim is far better than injustice created by Muslims."

Elaborating on this, Aqil Siradj said: "A good non-Muslim leader will act justly toward Muslims and a bad Muslim leader will act unjustly toward Muslims." "So, let Jokowi and Basuki lead Jakarta. NU has no objection," said Aqil.

Many provinces and regencies are currently being led by non-Muslims but their religious and ethnic backgrounds have not become as much of an issue until Basuki entered the race in Jakarta – as if his Chinese name of Ahok is so nightmarish that one must be afraid of it, some analysts said.

Non-Muslim governors still in office include Barnabas Suebu in Papua, Teras Narang in Central Kalimatan, and Kornelis MH in West Kalimantan. On district level, the chief executives represent different religions but their faiths have never become a reason for people to reject them.

Freedom of religion & worship

Lawyers file blasphemy annulment papers

Jakarta Post - September 29, 2012

A group of lawyers representing the incarcerated Shia leader Tajul Muluk submitted documents to the Constitutional Court on Friday and asked the court to annul articles in the Criminal Code on blasphemy.

They said the blasphemy articles could easily be used to persecute those who were not in line with mainstream religious beliefs.

"The blasphemy articles were abused, not only against the Shia community in Sampang [Madura], but also to Sebastian Joe in Ciamis [West Java]," lawyer Iqbal Pasaribu said, referring to Tajul Muluk, who was sent to jail for blasphemy, and Sebastian, who was now facing a trial for his Facebook status being considered as insulting to Islam.

If the court rejected this request, Iqbal said, the law should at least clearly state which institution had the authority to declare which action was blasphemous and which one was not. (nad)

Achieve religious harmony in Indonesia first, activists tell SBY

Jakarta Globe - September 28, 2012

Firdha Novialita, Markus Junianto Sihaloho & Pitan Daslani – President Susilo Bambang Yudhoyono needs to protect minority groups from violence inside his own country before telling others to embrace religious tolerance, activists and lawmakers say.

On Tuesday, Yudhoyono attracted world attention when he discussed the need to "lower the temperature of warm peace" by adopting a new strategic mind- set and perfecting instruments of global diplomacy and order during his address to the UN General Assembly.

Citing the UN's inability to resolve a prolonged crisis in Syria, Yudhoyono asserted that the international community needs new approaches to conflict resolution, including a refined approach to resolving religious conflicts around the globe.

Against that backdrop, he proposed the adoption of an international protocol to prevent denigration of religion as part of "a universal culture of mutual tolerance and mutual appreciation of one another's religious convictions."

"As a nation that celebrates its diversity of culture and religions, Indonesia calls for mutual respect and understanding among peoples of different faiths. Despite initiatives undertaken by states at the United Nations and other forums, the defamation of religions persists. We have seen yet another one of its ugly face[s] in the film 'Innocence of Muslims' that is now causing an international uproar," Yudhoyono said.

The Democratic Party president called for an international mechanism to be put in place to thwart instances of religious antagonism. He said that "this instrument, a product of international consensus, shall serve as a point of reference that the world community must comply with."

Yudhoyono did not specifically mention which UN resolution should be utilized to put in place such a plan.

Political analysts said on Thursday that in 1981 the UN General Assembly had adopted the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, which could be used as the anchor for the proposed protocol.

But Eva Kusuma Sundari, a lawmaker from the Indonesian Democratic Party of Struggle (PDI-P), said the credibility of Yudhoyono's proposal depended on his success in taking action against those who attacked minority groups in Indonesia.

Ahmad Muzani, secretary general of the Great Indonesia Movement Party (Gerindra), said that in order to convince the global community of Indonesia's sincerity it must first set the right example within its own borders.

Gerindra backed Yudhoyono's plan, he said, but the country that proposes it must be the role model for the world in terms of religious harmony. "The government has the responsibility to ensure... religious tolerance in society," Muzani said.

He added that if Indonesia could become a beacon of fair treatment against transgressors of religious harmony laws, the rest of the world would follow.

The Jakarta-based Human Rights Working Group said Yudhoyono's proposal was a setback for Indonesian diplomacy because it would exacerbate tensions between religious groups and limit freedom of speech.

The Muslim United Development Party (PPP) backed the proposal, urging all members of the Organization of Islamic Conference follow the Indonesian lead and press the UN General Assembly to issue the protocol.

But even if the UN adopted such an instrument, its implementation would be problematic. Analysts claimed that as an international protocol, signatories would not be obliged to enforce it among their citizens.

The term "protocol" is used for an additional legal instrument that complements and adds to an existing treaty.

Addressing the General Assembly on Tuesday, President Barack Obama made it very clear that the US government will never discourage its citizens from expressing themselves freely in any form.

"I know there are some who ask why we don't just ban such a video. And the answer is enshrined in our laws: our Constitution protects the right to practice free speech," Obama said.

"Here in the United States, countless publications provoke offense. Like me, the majority of Americans are Christian, and yet we do not ban blasphemy against our most sacred beliefs. As president of our country and commander-in-chief of our military, I accept that people are going to call me awful things every day – and I will always defend their right to do so."

With Obama having drawn such a red line, the effectiveness of Yudhoyono's proposal is in question.

The Indonesian leader's answer is that he has to communicate what he believes is right, "remaining focused, sharp, and constructive, by using the kind of language that can be measured, so all parties will understand and accept it. What is important is that we have conveyed the message."

During the visit to New York, Yudhoyono received an award for his leadership in promoting world peace and cooperation. It was presented to him by Noel Lateef, president of Foreign Policy Association, during a panel discussion at the PricewaterhouseCoopers building on Thursday.

George Soros, founder of Open Society Foundation, acknowledged Indonesia's economic growth, supporting Yudhoyono's remark that the country has become a new global economic power.

Soros, a wealthy businessman, came under fire in the late 1990s for his currency speculation, which some senior figures in Southeast Asia blamed for a financial crisis that imperiled development.

GKI Yasmin still unsettled

Jakarta Globe - September 27, 2012

Vento Saudale, Bogor – The Bogor administration's plan to relocate the GKI Yasmin Church to Jalan Semeru in Kotaparis, Bogor, has been met with rejection from local residents.

Residents in the area slated for the relocation of the long-troubled church argued that relocation will not solve the problem.

"Our rejection is based on the fact that the relocation of the Yasmin Church will not just be a physical relocation. Its problems will also be relocated," said Yayat A. Suhendar, the head of the Kotaparis neighborhood watch unit, on Tuesday. "The Yasmin Church should stay at the Taman Yasmin housing complex,"

Yayat pointed out that the Eben Haezar Protestant Church is already on Jalan Semeru, where it's been for almost 30 years.

"If you insist on relocating it, then the distance between one church and the other will only be about 100 meters. We're just concerned about the impact, that it could create antipathy from the residents against church followers, not to mention the traffic jam it will cause. Basically, one church is enough for us in our area."

The Bogor administration has allocated Rp 3.5 billion ($365,000) for the relocation of the GKI Yasmin Church. Jayadi Damanik one of the advocates for GKI Yasmin, said that the church no longer trusts the Bogor administration to solve the problem.

"Can you imagine, the first person who recommended that the church be built in Taman Yasmin in 2002 was Bogor Mayor Diani Budiarto, and he gave his appreciation for the building of the church during the ground-breaking ceremony," said Jayadi.

Diani later bowed to pressure from residents opposed to the church, sealing off GKI Yasmin even after a Supreme Court ruling ordered that the church be allowed to reopen. The Bogor mayor asked Yasmin followers to wait for protests to cool down and promised that the administration would take care of the problem once it was over.

"The mayor has played with our feelings and we no longer have confidence, therefore we're against the relocation," Jayadi said.

The Wahid Institute said that the relocation of GKI Yasmin will not solve any problems.

"Looking at the solutions given by the government on cases related to religious intolerance such as the Sampang, Cikeusik, HKBP Filadelfia cases, which just recommended relocation, we see that it will not solve the root of the problem," said spokesman for Wahid Institute Subhi Azhari in a discussion in Bogor last week.

He said the central government cannot rely on the local administration to solve the GKI Yasmin case because the mayor is involved in the dispute. "Intervention from President Susilo Bambang Yudhoyono is needed to solve the problem," he added.

In the years since the onset of the reform era, sectarian conflicts have increased nationwide.

Land & agrarian conflicts

Land acquisition protest in South Sumatra

Jakarta Post - September 26, 2012

Palembang – Residents of the Sidodadi subdistrict in Palembang, South Sumatra, staged a demonstration on Monday in front of the subdistrict office to protest the intimidation tactics employed by the Air Force in its acquisition of land near the air base.

"Dozens of Air Force personnel come to the site everyday to drive residents away," said resident Budi Hermawan.

Budi said residents had the relevant land ownership certificates to prove that they had occupied the land for more than 20 years. He said residents would never move to other areas or give up their land to the military.

"The strange thing is that residents have been offered Rp 2 million [US$190] per family provided that we are happy to be resettled in other areas," he said, adding that the Air Force was trying to acquire 150 hectares of densely populated area near the air base.

Air base commander Lt. Col. Adam Soeharto said the land would be used to make a golf course.

Farmer protest turns violent in Medan, dozens hospitalized

Jakarta Post - September 25, 2012

Apriadi Gunawan and Oyos Saroso, Medan/Bandar Lampung – Dozens were hospitalized after hundreds of farmers clashed with riot police at the governor's office in Medan, North Sumatra, on Monday, after they failed to meet with acting Governor Gatot Pujo Nugroho.

Johan Merdeka, who coordinated the demonstration in observance of National Farmers Day, said the clash was triggered by the arrogance of security personnel who beat and kicked two women protesters after protesters forced their way into the governor's office compound and he refused to meet them.

"We waited more than two hours, but the governor did not respond and we therefore had to force our way into his office to convey our aspirations [...] A clash was inevitable," he said.

Johan said the protesters went to the governor's office with good intentions and to convey their aspirations and felt disappointed with the governor's refusal to receive them and hear their demands.

Medan Police chief Sr. Comr. Monang Situmorang said the police used force only after demonstrators pelted stones at police and several personnel fell into trenches.

In Bandar Lampung, thousands of farmers blockaded the Trans-Sumatra East Highway near the city for 10 minutes in an attempt to attract attention to the unresolved land conflict in Mesuji, North Lampung.

The demonstrators demanded that the government execute seven recommendations made by the presidential fact-finding team regarding Moromoro Way Serdang's ownership of the disputed land, a thorough investigation into the bloody clashes between farmers and security personnel and a stop to security personnel deployment in land conflict settlements.

Association of Moromoro Way Serdang Farmers (PPMWS) secretary Syahrul Sidin said the rights body's fact-finding team made seven recommendations to settle the Mesuji land conflict but none had been implemented.

"Of the seven recommendations, the government should respect the farmers' constitutional right to the land that they have farmed for dozens of years. We have been denied identity cards and our voting rights in local and general elections," he said, adding that the farmers' rights to a large tract of land that was illegally acquired by the government and private plantation companies was guaranteed by the 1960 Agrarian Law.

Mesuji Regent Khamanik said his government had implemented several recommendations, including the withdrawal of security personnel from the disputed land and the trial of militiamen allegedly involved in the killing of several farmers in clashes.

Hundreds of farmers also staged a demonstration in front of the governor's office, condemning Governor Sjachroedin ZP, who they said had given no indication of implementing the recommendations and settling land conflicts in the province.

In Makassar, hundreds of students, activists, fishermen and farmers hit the streets to condemn government acquisition of land for business purposes without fair compensation.

They said many farmers no longer had a farm after their land was illegally acquired and handed over to private companies for business utilities and plantations. The protesters mentioned two major land conflicts between farmers and private and state-owned companies in Bukukumba and Takalar regencies.

"We oppose the land reform introduced by President Susilo Bambang Yudhoyono because it is falsified. In the reform program, the government has no plan to return the land occupied by force to the people. Millions of farmers are living in poverty because they no longer have any plots of land to earn a living," said Reza Putra, who coordinated the street demonstration.

[Andi Hajramurni contributed reporting from Makassar.]

Farmers demand fair land conflict settlement

Jakarta Post - September 24, 2012

Apriadi Gunawan, Medan – Thousands of farmers in North Sumatra, Lampung, West and East Java are slated to take to the streets in observance of National Farmers Day and demand the government settle agrarian conflicts fairly.

In Medan, North Sumatra, some 2,000 farmers from various regions in the province have planned to hold a massive rally on Monday at the provincial legislature building and gubernatorial office to press relevant authorities to settle thousands of unresolved land conflicts, mostly with state-run and private plantations.

The farmers, affiliated with the Farmers Litigation Committee (KTM), plan to urge North Sumatra interim Governor Gatot Pujo Nugroho to sign a petition containing their demands to resolve thousands of land disputes in the province.

KTM spokesman Johan Merdeka said the protesting farmers would occupy the gubernatorial office should Gatot fail to respond to the farmers' demands. "The crowd will resort to anarchy if the interim government fails to respond to the issue," Johan told The Jakarta Post on Sunday.

According to Johan, preparations for the rally have been thoroughly consolidated as farming communities hailing from various regions, such as Deli Serdang, Langkat, Serdang Bedagai, Batubara, Asahan, North Labuhan Batu, South Labuhan Batu and Central Tapanuli regencies, were expected to attend.

He added that farmers who would be involved in the rally on Monday were mainly those involved in land disputes in their villages.

"The current condition of farmers in the regions is of grave concern. They are often suppressed and subject to violence by security personnel every time a dispute takes place," he said, adding that security forces should not be heavy-handed in facing protesters tomorrow so as to avoid chaos.

North Sumatra Agrarian Reform (RAS) joint secretariat coordinator Ahmadsyah said the police's disproportional response in resolving issues associated with farming, especially land disputes, had often been blamed for widespread conflicts.

Ahmadsyah said the land disputes involving farmers in North Sumatra tended to rise from year to year. He added that last year, 25 land disputes were recorded in the province. As of July this year, added Ahmadsyah, 27 cases of land disputes had been recorded, surpassing last year's figure in just six months.

"This year, North Sumatra has had the worst record in terms of agrarian conflicts. Police have often opted for intimidation, violence and even shootings in resolving land disputes in the province," said Ahmadsyah.

RAS information and recording team leader Saurlin Siagian said police had arrested 147 farmers in various regencies in North Sumatra in ownership disputes in the past seven months.

Saurlin added a majority of those arrested were currently facing legal proceedings. Six of them have been sentenced to between six months and two years in prison for vandalism and oil palm theft.

According to Saurlin, the roundup of the 147 farmers was the biggest in the history of agrarian conflict in the province. "The arrest of farmers this year is the worst in the past 14 years," said Saurlin.

When contacted about the planned rally by thousands of farmers on Monday, Medan Police chief Monang Situmorang hoped the rally would be carried out peacefully and non-violently. Monang urged the farmers not to resort to anarchy when expressing their aspirations. "Please do demonstrate but don't resort to anarchy," he said.

Thousands of farmers, as well as the victims of the Mesuji tragedy in North Lampung and South Sumatra, also planned to stage protests at the governors offices in Palembang and Bandar Lampung to demand a fair solution to the prolonged dispute between local farmers and private palm oil plantations in the two provinces.

Spokesman for the Moromoro Farmers's Association in Bandar Lampung, Syahrul Sidin, said they would blockade the East Highway to seek national attention to their grievances.

"It is a good moment for us to press the authorities to avoid the use of force in land dispute settlement and to take the farmers' side in seeking a fair solutions with giant plantation companies," he said as quoted by Antara news agency.

Jakarta & urban life

Jokowi declared official winner of Jakarta governorship

Jakarta Globe - September 28, 2012

Ronna Nirmala – Solo Mayor Joko "Jokowi" Widodo was officially declared the winner of the Jakarta gubernatorial election on Friday, securing nearly 54 percent votes and beating out incumbent Governor Fauzi Bowo.

The Jakarta office of the General Elections Commission (KPUD Jakarta) reported on Friday that Joko and his running mate, Basuki Tjahaja Purnama, collected a total of 2,472,130 votes, or 53.82 percent of the total valid ballots cast during the runoff held on Sept. 20.

Fauzi and his running mate Nachrowi Ramli, meanwhile, secured 2,120,815 votes, or 46.18 percent of the total votes.

Joko and Basuki won across all five of Jakarta's municipalities, and were only defeated in the Thousand Islands district, where Joko secured 3,178 votes while Fauzi led with 8,794 votes. (BeritaSatu & Antara)

Foreign affairs & trade

Yudhoyono gets lost in translation at UN

Jakarta Post - September 29, 2012

Bagus BT Saragih, New York – Some of the luster of President Susilo Bambang Yudhoyono's visit to New York faded earlier this week after he apparently fumbled a press conference at United Nations headquarters.

Yudhoyono backed out of a reception hosted by UN Secretary-General Ban Ki- moon after the awkward incident on Wednesday, even though his presence had been confirmed by Indonesian officials, according to some delegates.

Instead, the President went directly to the Millennium UN Plaza Hotel, where he has been staying while in town for the General Assembly.

The incident began at a press conference on Wednesday featuring Yudhoyono, Liberian President Ellen Johnson Sirleaf and UK Prime Minister David Cameron on stage to discuss the High-level Panel on Post-2015 Development Agenda, which the trio co-chair.

As the press conference proceeded, an apparently confused President did not respond to a question asked by a European radio reporter speaking in English.

When Yudhoyono failed to respond after the reporter repeated her question, an Indonesian interpreter rushed to the podium to translate for the President, making his way past a security guard who attempted to block him.

The reporter had asked Yudhoyono to elaborate on his call for an international instrument to ban blasphemy in the aftermath of violent riots following the distribution of the US-made anti-Muslim film Innocence of Muslims on the Internet.

"When you made a statement about the instrument, were you speaking specifically about anti-blasphemy? Could you elaborate a little bit more on that?" the reporter asked.

Yudhoyono, who speaks English, was silent, raising his eyebrows and turning his head in an apparent search for a translator.

When the question was repeated after several moments of silence, a still mute Yudhoyono looked to Sirleaf and Cameron, neither of whom aided the President. The President was saved when the interpreter, at last, joined him at the podium.

Other Indonesian officials at the press conference might not have been able to aid the President due to the crowd of journalists.

Although the Foreign Ministry's director-general for multilateral relations, Hasan Kleib, was near the podium, it was the interpreter, apparently spontaneously, who stepped in to aid the President. Yudhoyono eventually answered the question, albeit in a less-than-pleased tone.

"I think your question is not closely connected to the message of this panel to prepare new global collaboration to combat poverty. I have made my statement in my speech delivered before the General Assembly on that matter. But we have to learn to work together in this world by respecting other beliefs, faiths, and religions," Yudhoyono said.

Some foreign journalists made light of the incident when leaving the press conference. "Indonesian is really confusing," one reporter said to the laughter of his colleagues.

Yudhoyono may have been reluctant to speak in English later in the day in a discussion with billionaire philanthropist George Soros, Singaporean academic Kishore Mahbubani and moderator Donald K. Emmerson. All spoke, except Yudhoyono, who apparently hesitated to join the discussion, laughing only when the others panelists laughed.

The moderator was eager to ask Yudhoyono one question before concluding the discussion, which was unrelated to the press conference but about a topic that the President had presumably mastered: his role as a co-chair of the Post-2015 panel.

Rights group blasts Yudhoyono's UN blasphemy resolution

Jakarta Globe - September 25, 2012

Firdha Novialita – A human rights group on Tuesday criticized President Susilo Bambang Yudhoyono's plan to propose an international protocol against religious defamation at a United Nations General Assembly meeting in New York on Tuesday.

"We seriously condemn the president's blasphemy resolution," M. Choirul Anam, deputy director of the Human Rights Working Group, said at a press conference on Tuesday in Jakarta. "This shows a setback in Indonesian diplomacy."

Yudhoyono said at a press conference over the weekend that he would propose the international protocol at the UN's 67th General Assembly, in the interest of maintaining world peace and preventing conflict.

"Indonesia has a moral obligation to convey opinions and also to think of an international protocol on how we can prevent actions or initiatives that could be categorized as religious blasphemy, from one religion to another," Yudhoyono said.

Yudhoyono's announcement came in the wake of a recently released anti-Islam film that has incited protests, some violent, across the globe.

Choirul said regardless, Yudhoyono's proposal amounted to retrograde diplomacy and tainted the image of Indonesia.

"[An anti-] blasphemy resolution threatens minority groups," Choirul said. "Proposing a blasphemy [protocol] means we're asking other countries to do bad things. This threatens world peace."

HRWG stated that the government should have learned from its implementation of the nation's 1965 Blasphemy Law, which the rights group said has been used to tolerate or justify violence in the name of religion.

"In the Tajul Muluk case that used the Blasphemy Law, the punishment was heavier, from an [initial] two [years in prison] into four years," Choirul said, referring a decision by the East Java high court to extend the sentence first handed down by a district court. "With this resolution, it means calling for the world to get worse."

Tajul is a Shiite leader in Sampang, East Java, who was convicted by the district court there of religious defamation on July 12. Prosecutors found him guilty of spreading teachings that contradicted mainstream Islam and had caused "public anxiety."

Tajul's followers in Sampang have been attacked multiple times by Sunni Muslims for their adherence to the cleric's teachings. Two Shiite followers were killed and several others were injured in one mob attack in late August.

Blasphemy proposal challenged

Jakarta Post - September 25, 2012

Bagus BT Saragih and Margareth S. Aritonang, New York/Jakarta – As President Susilo Bambang Yudhoyono prepared to take the podium at the 67th session of the UN General Assembly to call for the adoption of an international protocol banning blasphemy, critics said that Indonesia had little moral authority to campaign on the issue.

Yudhoyono is expected to deliver his speech to the General Assembly on Tuesday local time, making a case for the anti-blasphemy protocol, which he considers to be Indonesia's contribution to the creation of world peace.

"The theme of this year's General Assembly is peaceful conflict resolution. Indonesia will present its proposal in participation of the making of world peace," presidential spokesman for foreign affairs Teuku Faizasyah said on Sunday local time.

Prior to his departure for New York, Yudhoyono said that Indonesia had a moral obligation to make such a call. Human rights activists, however, have criticized Indonesia's proposal for an international protocol against blasphemy.

They said that Yudhoyono should first address discrimination against religious minority groups, which continued to experience persecution that was in part caused by the existence of the country's 1965 Blasphemy Law.

"How can we expect the international community to accept such a proposal while a similar blasphemy law has been used to condone violence against minority Muslim groups such as the Ahmadiyah and Shia? We must first show the world that we can protect these minority groups at home before demanding the global community do the same," National Commission on Human Rights (Komnas HAM) chairman Ifdhal Kasim told The Jakarta Post.

Ifdhal said that instead of an anti-blasphemy protocol, countries needed to sit down and talk about making a resolution that could address religion- inspired violence, which was on the rise.

Choirul Anam from the Human Rights Working Group (HRWG) said that the government had made a retrograde proposal with the anti-blasphemy protocol. "The government is turning back the clock to 20 years ago when people could be jailed for speaking out. It would be better if the government proposed a regulation to deal with hate speech instead of blasphemy. Blasphemy is an elusive concept. How can you bring criminal charges against it? Hate speech on the contrary is clearly a crime."

Earlier, the Indonesian government rejected a recommendation by the United Nations Human Rights Council (UNHRC) that Indonesia revoke laws and regulations that curb religious freedom.

The UNHRC's quadrennial "Universal Periodic Review" in May suggested that Indonesia amend or revoke laws and regulations that banned religious freedom, including the 1965 Blasphemy Law, the 1969 and 2006 ministerial decrees on the construction of places of worship and the 2008 joint ministerial decree on Ahmadiyah.

Critics say that the Blasphemy Law has been used by the government to punish minority groups in the country and could easily be used as a rallying call among mainstream Muslim communities to persecute those considered to adhere to deviant teachings.

Tajul Muluk, a Shia leader from Sampang, Madura, was sentenced to two years' imprisonment in July for blasphemy. Tajul was accused of telling his followers that the Koran was not the original scripture and the true version of the holy book would be revealed to Imam Mahdi.

According to a provisional list of speakers released by the UN media office, Yudhoyono will deliver his speech during the morning session of the first day of the general debate session, along with 14 other world leaders. While there, Yudhoyono is expected to skip Tuesday's afternoon session as he is scheduled to have a bilateral meeting with Bulgarian President Rosen Plevneliev. On the sidelines of his agenda at the UN headquarters, Yudhoyono is expected to have other bilateral meetings, including with Egyptian President Mohamed Mursi and Finnish President Sauli Niinisto.

After meeting with Plevneliev, Yudhoyono will join UK Prime Minister David Cameron and Liberian President Ellen Johnson Sirleaf to jointly chair the first meeting of the UN High-level Panel on Post-2015 MDGs Development Agenda.

"On the panel, Yudhoyono will promote his ideas on a 'sustainable world with equity'. The panel will discuss not only the substance or the program on the processes of the world after 2015 when the MDGs expire but also a draft on the work plan on how the post-2015 programs should be conducted," Foreign Minister Marty Natalegawa said.

Infrastructure & development

Improve transparency in infrastructure projects: JBIC

Jakarta Post - September 29, 2012

Hans David Tampubolon, Jakarta – The Indonesian government must eradicate corrupt practices and improve transparency in order to attract more foreign participation in infrastructure projects, a senior official of a major Japanese financial institution has said.

"With a population of more than 230 million, Indonesia is a very promising market. To develop this large market properly for long term sustainability, the country needs to accelerate its infrastructure development," Japan Bank for International Cooperation (JBIC) chief executive officer Hiroshi Watanabe said during a press conference at the Finance Ministry in Jakarta on Friday.

Watanabe listed at least four requirements that have to be met by the government in order to be able to lure foreign investment in the country's infrastructure projects.

"They are; an assurance from the government that project development will be conducted efficiently; transparency; the eradication of corruption and nepotism; and the projects must be environmentally friendly," he said.

President Susilo Bambang Yudhoyono has issued an ambitious blueprint called the Acceleration and Expansion of Indonesia's Economic Development Master Plan (MP3EI) in an effort to make Indonesia one of the top 10 global economies by 2025.

Under the masterplan, the government plans to develop infrastructure to improve connectivity throughout the archipelago. The development is to take place in six economic corridors throughout the country – Sumatra, Kalimantan, Java, Sulawesi, Bali and Nusa Tenggara, and Papua-Maluku.

The MP3EI program requires more than Rp 3,000 trillion (US$313.6 billion), far higher than Indonesia's state budget capacity. Therefore, the government needs to cooperate with the private sector using public-private partnerships (PPPs) to fund infrastructure development needs.

Deputy Finance Minister Mahendra Siregar, who also spoke during the conference, admitted that the government had initially started on the wrong foot on infrastructure development.

"We used to think that financing was the most important factor in accelerating our infrastructure development. After a while, we realized that in the context of establishing solid PPPs, we could not afford to overlook the importance of good governance in project management," Mahendra said.

Apart from improving good governance within the administration, the government must also be able to improve policies on social and political issues, such as mounting energy subsidies as well as issues of legal uncertainty, Watanabe said.

"Mounting energy subsidies and legal uncertainties can be considered risks by investors that must be properly handled and managed by the Indonesian government. The upcoming 2014 general election also represents a great risk of potential major policy changes," Watanabe said.

"Therefore, it is important for the current government under President Yudhoyono to minimize the potential policy discontinuity should the regime change. Investors need to be assured that government policies will continue even when the administration changes," he added.

Analysis & opinion

Passing on history, myths of 1965

Jakarta Post - September 29, 2012

Ati Nurbaiti, Jakarta – Amelia Yani, the daughter of one of the generals slain between Sept. 30 and Oct. 1, 1965, said her mother always asked: "Why was your father killed, what did he do wrong?"

A number of historians agree that Gen. Achmad Yani, then the army commander, was one of seven victims of a military purge. One continuous debate is whether that purge involved communist-leaning officers, and whether it was part of a bigger plan to overthrow the country's first president, Sukarno.

Amelia and other offspring of the slain officers said they would like answers to why they lost their fathers so abruptly, but added: "We do not inherit conflict."

Amelia and retired officer Agus Widjodjo, the son of another murdered general, Maj. Gen. Soetojo Siswomihardjo, said they had already made peace with the sons and daughters of DN Aidit and the other elite of the banned Indonesian Communist Movement (PKI), and added that families on both sides were equally victims.

This movement toward reconciliation has extended beyond the survivors and family members of the nation's conflicts, grouped in the Forum Silaturahmi Anak Bangsa (Forum for the Ties of the Nation's Children).

The mere mention of apologizing to all the victims of the 1960s has met with instant, vehement resistance. One reason is that the events of 1965 and following years were deeply traumatic and divisive at the national, communal and family level. The offspring of the then political elite, at least, largely knew what happened to the victims. Yet many are still in the dark about why their loved ones were kidnapped, tortured and detained without trial – or killed.

In July the National Commission on Human Rights (Komnas HAM) released the results of its investigation into the events of 1965-1966, the first official report in the reformasi era.

It details the "gross violation of human rights" against civilians and also security personnel in various areas; an about-face from the 1994 White Paper by the State Secretariat. The latter's explanations of the PKI's preparations to take over power suggests that the bloodshed that followed its alleged coup attempt was justified and "spontaneous". And now we have a state report that recommends reconciliation, apart from prosecuting those responsible (though most have died).

Civilians participated in the killings, but Komnas HAM points to the responsibility of ABRI (the military, including the police) commanders, who issued instructions to crush PKI members and supporters, and authorized local officers to draw up a list of targets.

The late president Abdurrahman "Gus Dur" Wahid apologized for the participation of the youth group of his Islamic organization in the murders; but today the leaders of Ansor (the youth wing of Nahdlatul Ulama) insist that apologies are unnecessary, as both sides hunted and butchered each other.

We can deny accusations that the 1960s murders constituted a genocide; researcher Hermawan Sulistyo is among those saying there was no "blueprint", as the definition of a genocide requires. But Komnas HAM states that similarities across various areas suggest plans and "preparations" by the perpetrators, which contradicts the claim of the 1994 White Report that civilians' actions were "spontaneous."

Agus Widjojo once said, "It is not easy for involved parties to remain distant" from these traumatic events. "Preparations to initiate reconciliation require the destruction of a myth," he was quoted as saying during a discussion in January 2011 at the Goethe Institut in Central Jakarta. "[The myth is that] victims are on one side and that those who caused the violence are on the other."

His appeal was drowned out by demonstrators outside – until today.

If we continue to fail to keep a critical distance from the 1965 bloodshed, the next generation will merely inherit the heroic stories of "us versus them", the "good" against "the evil communists", saved by Soeharto and the military, to the delight of the then communist-wary West.

Even today's generation has difficulty fathoming the published accounts of former political prisoners, like that of the late Mia Bustam, the wife of the renowned painter, Sudjodjono.

Detained without trial and tortured for being an activist of the Gerwani women's organization, affiliated to the PKI, she finally met her son, who had lost his entire youth in a political prisoners' camp on Buru Island in Maluku. Instead of embracing him, she only shook his hand, saying, "C'est la vie" (That is life).

And unlike Germany's post-Holocaust generation, mere heroic stories will not help future generations understand why we continue to be seen as a nation indifferent to – or even proud of – its murderous past.

[The writer is a journalist of The Jakarta Post.]

Return to autocracy feared as Yudhoyono era peters out

Sydney Morning Herald - September 29, 2012

Hamish McDonald – There comes a point in the curve of political authority for a limited-term leader where it turns inexorably downwards and he or she becomes more and more of a lame duck.

Indonesia's national language has no direct translation of that term, although the country's traditional statecraft was obsessed with the appearance and disappearance of "wahyu", the mystical right to rule.

The President, Susilo Bambang Yudhoyono, or SBY, as he is widely known, is now well into the second-last year of the second of the two five-year terms allowed under the constitution.

His leadership curve may have turned decisively downwards on September 20, when the candidate put up for governor of the capital, Jakarta, by his own political party and its allies lost.

That day, the results of a second round of direct elections for the Jakarta governorship resulted in defeat for incumbent governor Fauzi Bowo, who had been nominated by SBY's Democratic Party, the former Suharto regime official party, Golkar, and two Islamic-oriented parties that together dominate Jakarta's city assembly.

The victor was an outsider, Joko Widodo, or "Jokowi", who for the past seven years has been a widely acclaimed mayor of the ancient royal city of Solo, in Central Java, where he controlled the inroads of developers to preserve its cultural heritage and liveability.

At 51, Jokowi and his running mate, Basuki Tjahaja Purnama, represented freshness and a break with prevailing venal and communal politics for Jakarta's 8.5 million people. By contrast, Fauzi Bowo was associated with sleazy, ineffective governance under which the city's notorious traffic jams and floods only got worse.

The election got dirty, Bowo's supporters making much of Purnama's Chinese ethnicity (despite his grandiose Javanese name, he is generally known as "Ahok") and Christian religion. It didn't work.

"One of the most important lessons that can be taken from this election is that commonsense can triumph over dirty politics," said academic Sudirman Nasir in The Jakarta Post.

Yet look behind the Jokowi-Ahok win, and the wider picture is not so benign. The pair were put up by the Indonesian Democratic Party of Struggle (PDI-P), led by the former president Megawati Sukarnoputri, and the Great Indonesia Movement Party, or Gerindra, led by Prabowo Subianto, the former Kopassus special forces chief and former son-in-law of Suharto.

Within hours of the Jakarta result, a billboard went up at the city's central Harmoni intersection showing Prabowo's portrait and the words: "Initiator of Jakarta's Transformation."

Prabowo is looming ever larger as a prospective winner in the 2014 presidential election. According to the Asia Foundation's Sandra Hamid and other analysts, he has the backing of Megawati and her Sukarnoist party, thanks to a quid pro quo for supporting her failed re-election bid in 2009. He has a billionaire brother, Hashim Djojohadikusomo, to pay for his campaigns.

Now he has a cleanskin stalking horse, and perhaps a future running mate, in Jokowi and Ahok to help wash away the stain of an appalling human rights record as a field commander in East Timor and in trying to suppress the protests that brought Suharto down by "disappearing" student leaders and sparking riots against Chinese-Indonesians.

Prabowo as Indonesia's president? "Think Putin. Think Thaksin," says David Bourchier, an Indonesia specialist at the University of Western Australia.

The return of an authoritarian president would be a setback for Indonesia's relations with the rest of the world, Bourchier told an Australian National University update last week, not least because the former Kopassus chief would be Indonesia's first leader on Washington's persona non grata list as it stands.

That Prabowo can return to political circulation in Jakarta shows a sad promiscuity in the country's party ideologies and affiliations, Hamid told the forum. "Everyone has been in coalition with everyone else," she said.

Opinion polls showing Prabowo gaining wide popularity may turn out to be a little engineered, and the Jokowi-Ahok team may pull clear of its sponsors. Even so, the strongest alternative contender for the presidency is Aburizal Bakrie, the businessman at the head of Golkar regarded as an emblem of entrenched cronyism.

One thing that would help would be more thinking and action by SBY to shore up the legacy he leaves Indonesia in 2014, rather than constant tactical positioning. Since he shed liberal economist Sri Mulyani Indrawati from the key finance ministry in mid-2010, economic management has regressed into state interventionism.

Restrictions on live cattle and beef imports have led to high inflation in food prices, and stiff foreign equity divestment and local processing requirements for mining projects threaten resource earnings. The ambit of the State Logistics Body (Bulog) has been extended to stabilising more food commodity prices (at the risk of more waste and corruption).

Meanwhile, the central government spends 24 per cent of its budget on fuel subsidies – more than $30 billion mostly "poured into the petrol tanks of the rich", says Neil McCulloch, an economist with AusAID – making SBY's ambition to be remembered as a "green" president look hollow.

On the political side, the SBY era has so far left some instruments of a reassertion of military independence from civilian control there for a future autocrat to use.

The "territorial" domestic monitoring function, the armed forces have largely ignored a law requiring them to divest businesses, and Papua remains closed off from independent scrutiny of army and police action against a renewed independence movement.

It's not as if Indonesia is decisively pulling clear of the Suharto era. "Maybe democratic groups should not take existing freedoms for granted," Bourchier said, "and start thinking about how to defend those gains that have been made."

SBY should join in.

Teenage suicide puts spotlight on Indonesia's sexist laws

Direct Action - September 26, 2012

James Balowski, Jakarta – A suicide in Indonesia's northernmost province of Aceh by a teenager who was publicly humiliated by the province's abusive sharia police has again put the spotlight on laws that discriminate against women.

The 16-year-old, identified only as Putri or PE, was arrested along with friends during a raid by Wilayatul Hisbah (sharia) police while attending a concert in the eastern Acehnese town of Langsa on September 3. While the circumstances of the arrest are unclear, sharia police harangued her in public for allegedly engaging in prostitution. No charges were laid, and she was released on bail to her family. The following day the story was picked up by local media outlets, some of which identified her by her full name and repeated the sharia police's allegations that she was a prostitute. Putri's body was found hanged in her home in Langsa on September 6. In a suicide note addressed to her father, she begged forgiveness for the shame she had brought upon him and other family members but swore that she had never "sold herself" as alleged by sharia police.

Women's rights activists have condemned the incident. "It is deplorable that such a tragedy should happen and we demand the state takes responsibility. We have been repeatedly reminding the government to immediately annul discriminatory policies based on religion and morality", National Commission on Violence Against Women (Komnas Perempuan) commissioner Andy Yentriyani told the Jakarta Globe on September 15, adding that Putri is not the first person to fall victim to such laws and take their own life.

In 2007 Lilis Lisdawati was arrested in Tangerang, Banten province, and charged with prostitution for being out alone at night while returning from work. She was denied access to justice and a chance to clear her name and as a result was unable to get her job back. The stigma led to severe depression, and she eventually took her own life.

Uphill battle

According to Komnas Perempuan, the number of discriminatory by-laws is on the rise despite efforts to repeal them. "Removing discriminatory policies against women is a slow process. Let's say we're currently trying to repeal one bylaw. While we're doing that, several other new anti-women bylaws spring up. So it's really an uphill battle", Komnas Perempuan commissioner Andy Yentriyani told the Jakarta Post on September 14.

As of August, Komnas Perempuan said it had found 282 local government by- laws and policies across the country that discriminate against women, mostly in the name of religion and morality. In 2009 there were 154 by-laws that negatively affected the constitutional rights of women, which jumped to 189 in 2010 and 207 in 2011. Of these, 96 criminalise women through regulations related to prostitution and pornography, another 60 dictate a woman's mode of dress and religious expression, 38 infringe on women's rights to freedom of movement by imposing a curfew on them unless they are accompanied by a male relative, and seven discriminate against women exercising their right to seek employment overseas.

The laws are spread across hundreds of regencies in 28 provinces. West Java, West Sumatra, South Kalimantan, South Sulawesi, West Nusa Tenggara and East Java have the highest tally of sexist regulations. Komnas Perempuan said this coincides with a six-fold increase in cases of violence against women between 2007 and 2011.

Aceh in particular has become notorious for its use of sharia law, with 15 gender-discriminatory by-laws that are enforced through violent and coercive methods. "They include punching, being bathed with sewage water, public parading, destruction of property, evictions and cases in which couples, regardless of age, were forced into marriage for public displays of affection", Yentriyani told the Post. Komnas Perempuan recorded 46 of these types of punishments in 2011, which Acehnese leaders justify on the grounds of regional autonomy.

Yentriyani said that regional autonomy cannot be used as an argument for ignoring citizens' basic rights as enshrined in the 1945 constitution, whose Article 27 guarantees persons equal standing before the law regardless of gender.

Policing morality

Aceh adopted partial sharia law in 2001 as part of a special autonomy package introduced by the government of former President Megawati Sukarnoputri. The move was widely seen as an attempt to garner support from Aceh's religious elite to counter the rising tide of separatism.

Following the earthquake and tsunami that devastated the province in 2004, and the Helsinki peace agreement between the armed separatist Free Aceh Movement and Jakarta in 2005, the movement's leaders initially indicated that they would repeal sharia law. But after they transformed themselves into the Aceh Party and won a landslide victory in the 2009 elections, the new Aceh government quietly dropped the issue and has since supported the spread of such laws. All five candidates in the Aceh gubernatorial elections in March campaigned for wider enforcement of Islamic values through sharia law and a greater role for Islamic clerics in government affairs.

Two sharia laws in particular violate rights and are often enforced abusively: those prohibiting "seclusion" and imposing public dress requirements. The "seclusion" law makes association by unmarried individuals of the opposite sex a criminal offence, and the law on Islamic attire requires Muslim women to cover the entire body, except for hands, feet and face, meaning that they are obligated to wear the jilbab (Islamic headscarf).

People accused of violating Aceh's sharia laws are tried in sharia courts, which are authorised to impose judgments and administer sentences that are typically executed after Friday prayers outside mosques. Most of the punishments involve public whippings.

According to Feri Kusuma from the Commission for Missing Persons and Victims of Violence, sharia law in Aceh is prone to abuse and never applied equally to all residents. Kusuma told the Post that regular Aceh police and Indonesian military (TNI) troops often tag along with sharia police on raids to ensure their peers are not arrested. "As a result, not a single police officer or TNI member has ever been whipped", said Kusuma.

The laws are rarely applied to politically connected individuals or corrupt officials. The wealthy can easily circumvent the seclusion laws in the security of four-star hotels, and the TNI own and run discrete motel-style hotels where, for a price, unmarried couples can "associate" without fear of being disturbed by the sharia police.

Komnas Perempuan has also called on the government to revise or repeal a slew of other national laws and decrees that conflict with the UN Convention on the Elimination of All Forms of Discrimination Against Women, which Indonesia ratified in 1984. These include the law on domestic violence, the law on human trafficking, the law on citizenship, the law on marriage, the controversial 2008 anti-pornography law and a recently issued Health Ministry decree on female circumcision that legitimises genital mutilation on religious grounds.

Religious card

The call is unlikely to get much of a hearing from the government. President Susilo Bambang Yudhoyono and his Democrat Party's fractious ruling coalition depend on the support of a cabal of Islamic- based parties, including the conservative United Development Party and the Justice and Prosperity Party, both of which have been pushing for an expansion of sharia-based laws. Although they rarely express it openly for fear of alienating broader layers of the public, both seek the establishment of an Islamic caliphate.

With public dissatisfaction against the government consistently polling at around 70-80% and rising voter apathy and abstention in regional elections, almost all the political parties – nationalist and Islamic alike – are pandering to the Islamist and moral-conservative vote to prop up flagging electoral support. Political parties across the spectrum play the religious card by pledging to pass sharia-based by-laws, place restrictions on places of worship or ban "deviant" religious sects in exchange for votes.

In August home affairs minister Gamawan Fauzi said the ministry had recommended that local administrations repeal 824 by-laws considered to be flawed and contrary to national laws. Most of these, however, concern local government levies that have been subject to complaints from business. Although he admitted that religious by-laws were also on the list, Fauzi has argued in the past that such laws are line with the authority granted under regional autonomy and would not be repealed.

The 2004 Regional Autonomy Law, however, clearly states that that religion is the jurisdiction of the central government, with Article 28 of the law forbidding regions from taking decisions that discriminate against any citizen.

The only time the government has raised objects to Aceh's sharia-based laws was in 2009, when the Aceh Legislative Council proposed the enactment of a by-law that would allow adulterers to be stoned to death, which was seen as potentially damaging in the eyes of overseas investors.


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