Jayapura – The Papua branch of the Indonesian Independent Journalists Alliance (AJI) has said foreign journalists have found difficulties in getting permit to perform their journalistic duties in Papua.

Chairman of the Papua branch of AJI Victor Mambor said here on Monday foreign journalists such as from New Zealand, the Netherlands, Britain and Australia had to wait for three months to get the permit to enter Papua.

"Even after they get into Papua some of them have to be accompanied by a government agent in doing their journalistic duty," Victor told Indonesia's Antara news agency.

Victor said AJI criticised the restriction saying the government is not clear in its policy regarding freedom of the press in Papua. "So far there has been no government regulation restricting foreign journalists from doing journalistic work in Papua," he said.

However, foreign journalists have complained they had been restricted by making it difficult for them to get the permit to enter Papua, he said.

He said the government had deliberately created a condition of no clear regulation that the authorities could interpreted it any way they wanted. Such policy could degrade the Indonesian rating in the World's Press Freedom Index, he said.

"AJI has not seen positive reaction from the government to demand of international community for greater access by foreign journalists to Papua," he added.

He cited in 2012, Foreign Minister Marty Natalegawa told foreign journalists in Jakarta, there were 35 foreign journalists having given access to Papua in 2011-2012.

However, the journalists were not given freedom to perform their duties in Papua, he said. "Seven of the foreign journalists were deported from Papua and most recently an ABC reporter had to be disguised as tourist to enter Papua," he said.

Victor said Marty pledged to see to the case of journalists being barred from entering Papua, but foreign journalists had continued to face restrictions.

West Papuans seek Pacific Forum membership

Radio New Zealand International - July 15, 2013

The organisation calling itself the executive government of the Federal Republic of West Papua has sent a letter to the Pacific Islands Forum seeking membership in the regional organisation.

The letter has been written by the Republic's President Forkorus Yaboisembut from jail where he is serving a three year sentence for his part in organising the Third Papuan People's Congress in 2011 where the Federal Republic was declared.

Mr Yaboisembut has asked the Forum's Secretary General, Tuiloma Neromi Slade, that his organisation be granted Observer or Permanent Membership Status in the Forum.

The President says that it was never the choice of West Papuans to be integrated into Indonesia.

He says West Papuans continue to suffer widespread human rights abuses under Indonesian rule and wish to have Pacific regional support in having these abuses addressed.

Mr Yoisembut reminded Mr Slade that during the Netherlands Colonial Era, West Papua was one of the founding members of former South Pacific Commission in 1950 which eventually became the Pacific Island Forum.

Candlelit vigil in Semarang remembers bloody Wasior and Wamena incidents

Selangkah Magazine - July 15, 2013

Mettu Badii, Semarang – Scores of students and young people from the group National Papua Solidarity (NAPAS) held a candlelit vigil in front of the Diponegoro University campus in the Central Java provincial capital of Semarang on Sunday July 14 to remember the bloody Wasior and Wamena incidents.

Speaking on Monday July 15, action coordinator Piet Yobe told Selangkah Magazine that the candlelit vigil was to remember the scores of Papuan people who fell victim during the bloody Wasior and Wamena cases.

"It has been nine years since the humanitarian tragedy of the bloody Wasior and Wamena [incidents] yet the perpetrators have never been brought to trial", said Yobe.

The case was submitted to the Attorney General's Office in 2004 but to this day, he said, the results of the follow up remain unclear. Because of this therefore, they are calling on the Indonesia state not to ignore the cases and immediately take responsibility.

Otis Gwijange added that the land of Papua has never been free from the humanitarian crisis created by the Indonesian military and police (TNI/Polri) in the name of the state against the Papuan people.

"The Papuan people always become the victims because of peaceful actions demanding justice that are deemed to be subversive activities. All of the cases that have occurred in the country [of West Papua] are ignored, there has never been any clear legal process", he explained.

"The action was closed with a prayer and the demonstrators disbanded peacefully", said Yobe. (MS).

[Translated by James Balowski.]

Papuan students in Yogya protest 1969 'Act of Free Choice'

Selangkah Magazine - July 15, 2013

Yogyakarta – Hundreds of demonstrators from the Papua Student Alliance (AMP) in the Central Java city of Yogyakarta held a peaceful action and free speech forum today, Monday July 15.

The action, which was held at the Gadjah Mada University (UGM) traffic circle, was held to protest the 1969 UN sponsored referendum on West Papua's integration with Indonesia (Pepera, Act of Free Choice), which the group said was legally flawed and ridden with manipulations.

According to Majalah Selangkah's observations, the protesters began gathering in front of the UGM traffic circle at 10am, with the demonstration starting with prayers. One by one they gave their political views, shouted slogans and presented a theatrical drama protesting the Pepera.

Action coordinator Surya told Majalah Selangkah that the AMP action was not just being held in Yogyakarta – "[Similar] demonstrations are being held by the AMP simultaneously in several cities in Java to protest the Pepera that took place between July 14 and August 2, 1969, because the process by which the Pepera was held was legally flawed and not in accordance with international stipulations or the New York Agreement of August 15, 1962", he said.

"We will be consistent in and continue to struggle to articulate the wishes of the West Papuan people who were forced by Indonesia to become part of Indonesia and we will never stop struggling as long as Indonesia continues to colonise the Papuan nation", he continued.

The AMP raised three demands during the demonstration. First, the AMP demanded that they be given the freedom and right to determine their own future as a democratic solution for the Papuan people.

Second, the AMP called for the closure of and an end to exploitive activities by all multinational companies owned by imperialist countries including Freeport, BP, LNG Tangguh, Medco and Corindo, as well as the Merauke Integrated Food and Energy Estate (MIFEE) and others throughout the land of Papua.

Third, the AMP explicitly rejects the presence of and calls on Indonesia to withdraw all organic and non-organic military and police (TNI-Polri) from the land of Papua in order to end all forms of humanitarian crimes by the Indonesian state against the Papuan people. (Abraham Goo/Yakobus Dogomo/MS)

[Translated by James Balowski.]

Jakarta action demands resolution to Wasior-Wamena case

Viva News - July 14, 2013

Finalia Kodrati, Arie Dwi Budiawati – Papua National Solidarity (NAPAS) is demanding that the National Human Rights Commission (Komnas HAM) and the Attorney General's Office fully resolve the alleged human rights violations that took place in Wasior and Wamena, West Papua, in [2001 and] 2003.

In addition to this, they also called on the government to form an investigation team to look into the case.

"Through Humanitarian Candles for Papua (Link Papua) we are urging Komnas HAM to fully resolve the gross human rights violations in Wasior and Wamena", said Link Papua public relations officer Elias Ramos Patege following a peaceful action at the Hotel Indonesia traffic circle in Central Jakarta on Sunday evening, July 14.

NAPAS held the action because they are annoyed that Komnas HAM and the AGO have been slow in resolving the case. They feel that each party is holding firmly on to their respective views.

"The AGO returned the case file to Komnas HAM because it was deemed to be incomplete. Komnas HAM meanwhile is of the view that they have conducted [the investigation] in accordance with [prevailing] laws", he added.

In addition to this, they are also urging the government to resolve the case. "We are urging the government to form an investigation team without waiting for a decision from the AGO, we a calling on the government to fulfill the rights of the victim's families", said Patege, who originates from Nabire, Papua.

The demonstration began at around 10pm and was attended by scores of people originating from student groups and social organisations. The action, which proceeded peacefully, did not attract tight security from police. In addition to the action at the Hotel Indonesia, NAPAS will hold protests in several other parts of the country.

"This action [is one of a series of] simultaneous actions across Indonesia, Java and Bali. Actions are being held in Jakarta, Bogor, Bandung, Salatiga, Jombang, and in Papua, namely in Sorong, Manokwari and Jayapura – Similar actions will also be held in Manila by Filipina Women's Solidarity, in Amsterdam by the Amsterdam Labour Movement and in Sydney by [Papuan] students studying there", said Patege.

[Translated by James Balowski.]

PNG extradition treaty forces political activists to flee

ABC Radio Australia - July 14, 2013

Simon Santow: Last week, the ABC's stand-in PNG (Papua New Guinea) correspondent Liam Cochrane made a trip to the far north-west of Papua New Guinea to meet a rebel commander of the Free Papua Movement.

Indonesia keeps foreign media out of the disputed provinces of Papua and West Papua, so the best way to get first hand information is either to sneak in illegally or to try and meet activists as they take refuge across the border. Liam took the legal option, and here is his report.

Liam Cochrane: The four-wheel-drive had been bouncing along a logging road for about an hour when my contact, the go-between to the West Papua rebel commander, turned to me in the back seat and said: "Leon" – which is close enough – "Leon, I need to ask you one question."

I thought, "Ah, this is the point where he sounds me out about my politics and what I think of the West Papuan movement."

I readied myself for a diplomatic, neutral answer.

"Leon", he said, "Where can I buy guns?" I had to laugh and explain I really wasn't the right person to help him procure weapons. I explained I was an independent journalist and my value to him was in getting the story in international media.

That story had two main elements – meet Danny Kogoya, a commander of the Free Papua Movement's militant wing, and visit a base near the border where I'd been told 200 armed men were taking refuge.

The news angle was an extradition treaty recently signed by Papua New Guinea and Indonesia that PNG's opposition argued could be used to send back activists and fighters like Danny Kogoya.

Two weeks ago I'd never heard of Danny Kogoya, but an article in the local paper told of his arrest last September, during which he was shot in the leg. He was jailed, released and then, he says, threatened with re-arrest. So he fled across the border.

The one thing missing from the story was the fact that Danny Kogoya's shot-up leg had been amputated below the knee – to be exact, the story said he was "nursing a deep cut and a fractured leg", which I guess is technically correct.

Mr Kogoya was extremely happy to see a foreign journalist. He didn't speak English and I didn't speak Indonesian, but he hugged for a long time when we first met. And later he kept shaking my hand and smiling broadly as we sat in the back seat.

In the tray of the vehicle were six young men, unarmed but acting as out security as we made our way to the border. At most stops, Danny and I had to stay inside the car behind the tinted windows to avoid attracting attention.

At one roadside market however, I was allowed out and the go-between sliced open a coconut – a welcome drink in the hot sun.

Most of the men bought bunches of betel nut, the mild stimulant that stains teeth dark red and they chewed and spat the red liquid out for the rest of the journey.

(Engine noise)

When we finally got to Camp Victoria, a few kilometres inside Papua New Guinea's border with Indonesia, the place was empty and the grass was knee high.

It was only then explained to me that the 200 fighters said to be under Danny's command had been sent out on long patrols across Indonesia's Papua province. They were said to be fanning out to help with the annual July 1 ceremonies that mark the anniversary of a declaration of independence that has not become a reality on the ground.

On this day, July 1, it's common for activists to raise the Morning Star flag, the symbol of the West Papuan independence movement that is banned in Indonesia. In the past, flag-raising ceremonies have attracted brutal retribution from Indonesian authorities.

But at Camp Victoria there was no flag, no guns, and no fighters. This was quite a let-down.

For years, people have questioned just how strong the Free Papua Movement's military wing really is and this trip was supposed to be a chance to meet rebel fighters without breaking the law and sneaking across the border.

But I still had Danny Kogoya, the one-legged commander, and so I got busy setting up for an interview.

(Danny Kogoya speaking in foreign language)

Danny Kogoya (translated): I want Jacob Prai and those in Swedish...

Liam Cochrane: It was hard going.

Many of my questions were probing the level of support for Danny's cause and trying to get a sense of whether there was any change in strategy, considering the lack of tangible results in previous decades. It was perhaps not the kind of advocacy journalism Danny was used.

Many of Danny's answers were variations of, "I want independence for West Papua", or things like "we need to come together and join hands for the freedom of West Papua".

And I had a growing feeling that my translator, a supporter of the West Papua movement, was embellishing Danny's answers and giving me what he thought I wanted to hear.

Towards the end of the interview, one of his translations went for about four times as long as Danny's response and involved a grisly accusation of cannibalism that didn't seem to have much to do with the question I'd asked.

Light was fading and we wrapped it up, heading to a local village for a communal meal of rice and instant noodles before heading to bed with promises of a military ceremony at 6am sharp.

Throughout the night, the village drunkards had a party in full swing, and music blared until dawn. Nobody told them to be quiet; nobody wanted to be on the wrong side of a drunk man's bush knife.

By morning, the overgrown Camp Victoria had been given a makeover thanks to three commandeered machetes and there was a flag pole in the centre of the clearing flying the Morning Star flag.

Perhaps not surprisingly for this part of the world, the 6am show of arms was a little ambitious. The main problem seemed to be convincing people to display their hidden guns in front of the camera, because carrying weapons in public is illegal in PNG. After five hours of delays, the ceremony started.

(People talking)

The bush camp filled with more than a hundred people and around 30 men, women and children lined up dressed in a colourful assortment of ceremonial dresses.

There were grass skirts and white face paint on some of the women; some men had headdresses fashioned from bright green leaves and several had long necklaces made of shells and bone. Six men had homemade rifles.

(Commander issuing parade orders)

Someone suggested the men fire off a round for the benefit of the cameras, but it turned out nobody had any bullets.

I whispered to the go-between, "How are you going to fight the Indonesians without any bullets?"

He just smiled but another man who spoke some English volunteered to get in front to the camera and explain their lack of ammo was exactly why the world should pitch in and send them military equipment.

Time was well and truly up. I was running late for my security check-in with the ABC to confirm all was well.

In fact, none of the security issues that I'd envisaged had been a problem. The only slight moment of concern was when the security guys in the tray of the car started arguing on the trip back. It had something to do with who had chipped in money to buy beer and who was chosen to sit in the back seat, inside the car, once we dropped Danny Kogoya off at his safe house.

(Engine noise)

The trip ended well and the story was on TV and radio a few days later.

Simon Santow: Liam Cochrane reporting there.

Unidentified shooter guns down ojek driver in Papua

Jakarta Globe - July 12, 2013

Banjir Ambarita, Jayapura – An unidentified gunman shot a passing motorcycle taxi driver dead in the restive Papua district of Puncak Jaya on Friday, police said

The ojek driver was gunned down in Wandigobak village, near the Semen River, at around 8:30 in the morning, according to Papua Police spokesman I Gede Sumerta Jaya.

"The incident took place around the Semen river, a location that is believed to be a hiding place for armed groups. The victim was Muhammad Saleh, 43," Sumerta said, adding that the man was originally from Makassar in South Sulawesi.

The victim, he added, was shot at least three times: once on the right side of the chest, once on the left shoulder and once on the lower right rib.

Sumerta said that the police are investigating the shooting but have so far found no information about who the gunman is or what the motive was.

"But it is strongly suspected that the perpetrator is a passenger the victim transported to the location of the incident. After shooting the driver dead, the perpetrator ran away," he explained. Sumerta added that despite the shooting, people's daily activities in Puncak Jaya appeared to remain unaffected.

The body of the victim was flown to Jayapura through Sentani airport and will later be transported to Makassar.

Meanwhile, an unconfirmed report said that another ojek driver was stabbed in Wamena, located in the neighboring Jayawijaya district. No information about when the stabbing happened or whether the victim survived was given, though.

Papua's highland districts of Puncak Jaya and Jayawijaya are especially prone to violence and shootings mostly directed against soldiers, police officers and migrants. Authorities have tended to blame armed groups such as the the separatist Free Papua Organization (OPM), which has been waging a low-profile resistance since the 1960s.

Local tribes want to be involved in Freeport contract renegotiations

Jakarta Post - July 11, 2013

Jakarta – The Custom Institute of Amungme Tribe (Lemasa) in Papua has called on the central government to involve customary communities in the renegotiation process for the PT Freeport Indonesia (PTFI) contract extension.

"After tens of years of Freeport mining our natural resources, there is no single point in the current contract that manages the basic rights of the indigenous people, especially the Amungme and Kamoro tribes," Lemasa director executive Anton Alomang said, as reported by Antara news agency on Thursday.

Anton said Freeport started paying attention to the Amungme and Kamoro tribes in 1996 through an empowerment program managed by the Amungme and Kamoro Community Development Institute (LPMAK).

"[From 1996] until last year, the LPMAK managed the partnership fund totaling Rp 340 billion (US$34 billion) per year. Funds could increase to Rp 700 billion this year after negotiating with James Moffet [a commissioner from Freeport Indonesia's parent company, Freeport McMoran] in Singapore," Anton said.

However, he said, the funds were not enough to boost the prosperity of the Amungme and Kamoro people. "The Amungme and Kamoro people still live in poverty. So the government and Freeport should consider giving more [funds] to them in the new contract," Anton went on.

Discussions on the contract extension between the central government and the Freeport Indonesia focus on six main issues: total area of Freeport, contract extension, state revenue including royalty, smelting facilities construction, divestment obligation and the use of local (in-country) goods and services for mining activities. (hrl)

New administration will not improve the human rights situation in Papua

Bintang Papua - July 10, 2013

According to several NGOs which are involved in the promotion of human rights in Papua, there has been no change in the human rights situation in Papua in the first one hundred days of administration of Lukas Enambe and Klemen Tinal (Lukmen).

They also said that the new administration has done nothing at all with regard to human rights violations which have occurred in the past; they have said nothing at all in public about this.

Nehemia Yarinap from the organisation BUK – United for Truth – said in a statement to the Antara News Agency that he does not expect anything to happen with regard to human rights in the coming five years. He said that the recent statement made by the Governor of Papua focused on the question of welfare and said nothing about human rights.' This clearly shows that nothing will be done about human rights,' he said.

Paul Mambrasar who represents Els-Ham was also pessimistic about any changes in the human rights situation in the coming five years. 'The Lukmen administration is under the control of the political parties which are in power at present.

The Lukmen administration came to power on 11 April 2013. The pair won the election, beating five other candidate pairs. In the statement about their first one hundred days, the Lukmen pair said that they intend to enter into communication with forces which are responsible for the security situation in Papua, in order to try an present further acts of violence.

[Translated by TAPOL.]

Freeport Indonesia restarts underground mining

Reuters - July 10, 2013

Fergus Jensen, Jakarta – Freeport McMoRan Copper and Gold Inc has resumed copper concentrate shipments from its mine in Grasberg, Indonesia, but expects output this year to drop by a fifth following a near two-month stoppage.

A tunnel cave-in killed 28 people at the world's second-biggest copper mine in May, shutting operations while safety investigations were carried out.

Freeport Indonesia President Director Rozik Soetjipto told Bloomberg shipments had resumed but were yet to reach normal levels.

Soetjipto told reporters earlier it would take one month for underground mining operations to return to full capacity, adding the mine would only produce 80 percent of its targeted output of copper, gold and silver concentrate this year.

Before the accident, Freeport had expected sales of about 500,000 tonnes of copper from its Indonesia unit in 2013, along with 1.25 million ounces of gold.

The government, which gave the go-ahead for open pit mining to resume last month, said earlier that its decision to allow underground mining to restart followed the completion of an independent investigation into the accident.

"From everything that has been done, that has been taken into consideration, including pressure from the community and local government, (we) have decided OK, it's safe," Deputy Energy and Mineral Resources Minister Susilo Siswoutomo told a joint news conference with Freeport.

The deputy minister said that to improve safety in future detectors had to be installed to monitor rock conditions, stronger tunnel supports needed to be installed and increased maintenance of training areas was needed in the mine.

The Grasberg mine ships around 35 percent of its production for further processing in Indonesia, while the remainder goes to Japan, Korea, China and Spain, according to the deputy minister.

Contract negotiations

Freeport was forced to declare force majeure – an inability to fulfil its contractual obligations due to circumstances beyond its control – on copper shipments after the accident.

This had yet to be lifted, Soetjipto said, adding Freeport would prioritise meeting its supply commitments for its Gresik smelter in Indonesia.

Open-pit mining has been running at full capacity since July 4. The Grasberg operation was currently producing around 160,000-170,000 tonnes of copper ore a day compared to 220,000 tonnes before the accident, Soetjipto said.

The open-pit mine normally produces between 140,000 tonnes and 150,000 tonnes of ore per day, while output from the underground operations is 80,000 tonnes.

Freeport is in talks with the government to renegotiate a new mining contract to replace its current 30-year contract, which expires in 2021.

A member of the government team negotiating with Freeport said last week the accident should not delay those talks.

Aceh

Gunshots fired at Aceh legislator's car

Jakarta Globe - July 15, 2013

SP/Muhammad Hamzah, Banda Aceh – Police were investigating last night after an East Aceh legislator's car was found to have been shot at by an unknown party in the early hours of Sunday morning.

East Aceh police chief Ad. Sr. Comr. Muhajir said a Daihatsu Taruna car belonging to Fadil Muhammad, the deputy chairman of Commission A of the district legislative council, was shot at while parked in front of the Aceh Party district headquarters in Simpang Ulin.

Witnesses said they heard three noises, but most had attributed it at the time to firecrackers, which are commonly set off during Ramadan.

The owner found three bullet holes in the car around 7:00 a.m. He immediately went to the police to report the incident.

Police investigating the scene found one bullet casing of a caliber usually used with a rifle. The motive for the shooting remained unknown, Muhajir said.

Human rights & justice

UN to take NGO reports on Indonesia human rights seriously

Jakarta Post - July 11, 2013

Yohanna Ririhena, Geneva – Members of the United Nations Human Rights Committee (UNHRC) said they would treat reports of Indonesia's human rights record, presented by NGOs, as essential input in considering points of recommendation to be made at the end of an upcoming session by the committee.

UNHRC head Sir Nigel Rodley underlined the significance of the NGO reports. "All the reports that we get from civil society are very important to us, since government reports inevitably tend to portray things in the best possible light," Rodley told The Jakarta Post.

Indonesia's delegation, which comprises 22 government officials, police and military officers and is led by the Law and Human Rights' director general of human rights, Harkristuti Harkrisnowo, is scheduled to present an initial report on the state of civil and political rights in the country at UN headquarters in Geneva on Wednesday and Thursday.

It will be the first Indonesian report examined by the committee, eight years after the country ratified the International Covenant on Civil and Political Rights (ICCPR). The committee will also hold formal and informal sessions with the NGOs.

Rodley underscored the fact that the 18 members of the committee needed to hear from different parties to gain more insight. "There is no way we can be experts on all the countries that are parties to the covenant. So, we are highly dependent on civil society to draw our attention to what seem to be the key issues in relation to compliance to the covenant," he said.

After all the hearings, the committee will identify three to four recommendations based on specific urgency and the possibility of being implemented within a one-year period. These recommendations, which will clearly be identified in a paragraph at the end of the concluding observations, are expected to be issued at the end of July.

Representatives of the NGOs will emphasize rights violations during an informal session or the second meeting with the experts on Wednesday.

Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), said the government's written report focused more on legal reform, but did not elaborate on the real situation concerning a number of human rights violations in the country.

Indria Fernida of UK-based Tapol, an NGO that works on behalf of political prisoners, stressed the restrictions on freedom of opinion and expression in Papua and West Papua.

She said the evidence on the ground suggested that measures taken to guarantee freedom of expression in Papua and West Papua had been ineffective. "Moreover, violations of the right to freedom of expression have intensified since 2013," she said.

Representatives from the NGOs also plan to highlight the newly endorsed and controversial Mass Organization Law, which it is feared will give the government greater control over public activities, such as the power to disband an organization deemed a threat to the state.

"The new law clearly violates freedom of association. It also stipulates [the creation of] a new institution with an unclear mandate to function as a 'clearing house', which could limit how NGOs operate," Human Rights Working Group executive director Rafendi Djamin said.

The ICCPR, a multilateral treaty adopted by the UN General Assembly in 1966 and entered into force on March 23, 1976, obliges all parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, speech and assembly as well as electoral rights and the rights to due process and a fair trial.

Komnas HAM decries Indonesia's efforts to resolve past abuses

Jakarta Post - July 10, 2013

Yohanna Ririhena, Geneva – The National Commission on Human Rights (Komnas HAM) and representatives of Indonesia's NGOs are gathering in Geneva this week to assess the country's seriousness in resolving issues related to alleged human rights violations, particularly those allegedly committed by prominent figures.

The United Nations Human Rights Committee (UNHRC) launched a formal session with the NGOs to receive more input on the implementation of the International Convention on Civil and Political Rights (ICCPR) in Indonesia.

Before the committee, Komnas HAM questioned the government's seriousness in proceeding with the investigation on cases that could be categorized as gross human rights violations.

"Despite preliminary findings from Komnas HAM, the Attorney General's Office [AGO] has refused to further investigate the cases," said Komnas HAM commissioner Roichatul Aswidah before members of the UNHRC on Monday.

In response to the critics, the government stated that a special team from the AGO was established in 2006 to follow up on the findings, which were deemed insufficient. The team has requested Komnas HAM submit additional evidence in accordance with Indonesia's Criminal Code (KUHP) for further prosecution.

However, Roichatul claimed the issue was not the standard of evidence, but more the willingness to follow up the recommendations issued by Komnas HAM and legislators.

Roichatul said there was already a precedent in using the Komnas HAM standard of evidence, which had been thoroughly followed up by the AGO in cases relating to alleged human rights violations in East Timor, the Tanjung Priok incident in North Jakarta, and the Abepura torture case in Papua.

"Why couldn't the same standard of evidence be used for other cases, including the enforced disappearances during the reform movement [in 1997 and 1998]?" she said.

The International Commission of Jurists (ICJ) in its alternative report to the UNHRC also questioned the lengthy process taken to establish an ad-hoc human rights court to prosecute cases of enforced disappearances.

The ICJ, comprised of 60 eminent judges and lawyers across the globe, hinted that the delay was related to the existence of prominent figures on the political stage.

"The ICJ believes the delay in the establishment of an ad hoc court is due to the fact that further investigations into alleged enforced disappearances from 1997 to 1998 may involve allegations concerning several prominent members of the Indonesian government who continue to be influential in the country to this day, including Prabowo Subianto and former General Wiranto," the ICJ said.

Prabowo, commander of the Army's Special Forces (Kopassus) at the time, is currently the chief patron of the Great Indonesia Movement (Gerindra) Party, while Gen. (ret.) Wiranto, then chief of the Indonesian Military (TNI), is now the chair of the People's Conscience Party (Hanura). Both are presidential candidates who will likely contest the 2014 election.

National Commission on Violence against Women (Komnas Perempuan) spokesperson Andy Yentriyani underlined the need for effective remedies in responding to the past violations of human rights, particularly concerning women. The May riot in 1998 saw hundreds of Chinese women brutally harassed, with many traumatized.

The hearings at the UNHRC on Indonesia's progress in upholding human rights will last until Thursday.

List of rights violations that have not been solved:

Trisakti 1998, Semanggi I 1998 and Semanggi II 1999;
May Riot 1998
The Wasior incident in 2001-2002 and Wamena incident in , 2003
Enforced disappearance 1997-1998
Talangsari 1989 6. Summary execution-style killings (mysterious shooting) 1982-1985
The tragedy of 1965-1966

[Source: Komnas HAM.]

Sexual & domestic violence

Police deny intimidating rape victim

Jakarta Globe - July 11, 2013

Bayu Marhaenjati – Jakarta Police denied on Thursday intimidating an alleged rape victim, while the woman's lawyer claimed she was urged by police to withdraw the accusation.

"Our investigators did not intimidate the witness during the investigation process," Jakarta Police' spokesman Sr. Comr. Rikwanto said on Thursday.

The woman, whom police identified by her initials and said worked in broadcast journalism, filed a complaint saying she was punched in the face and assaulted by an unknown assailant on June 20.

"The rape happened, but the victim was urged to admit that the rape did not happen," Tommy Albert Tobing, the victim's lawyer, told Indonesian news portal Detik.com.

Rikwanto said the investigators had followed procedure to the letter while investigating the case, which included asking the witness to undergo a lie-detector test.

"Maybe she felt like she was being pressured into admitting the rape did not happen, but actually that's not the case, our investigators were only trying to discover facts," he said.

The woman's lawyer said police had been more preoccupied with briefing the media about aspects of her private life and emphasizing the absence of semen on her clothes than focusing on finding the perpetrator. She claimed the suspect was in his late teens and wearing black.

Police earlier said that their examination of the complainant found a heavy bruise on her cheek and mud on her clothes. Those findings would seem to be consistent with M.C.'s police report that she was punched in the head by her assailant before being pushed to the ground, dragged into the alley and sexually assaulted.

"The police is not solving the case," Tommy said. "Instead they revealed the victim's private life to the public."

Political parties & elections

Pramono emerges for 2014 as the 'military's president'

Jakarta Globe - July 11, 2013

Dessy Aswim – Pramono Edhie Wibowo has been a Democratic Party member for less than two weeks and already the former Army chief of staff is being hailed as the obvious choice to replace President Susilo Bambang Yudhoyono in the 2014 election.

Analysts say that Pramono, the younger brother of Ani Yudhoyono, the first lady, meets the two main criteria by which most Indonesian voters judge presidential potential: He is Javanese, and he has a military background.

The rationale behind these points is clear. Java is home to some 60 percent of the country's voters; and with many people still seeing the military – particularly the Army – as the strongest institution in the state, Pramono's military credentials are seen as a major asset.

"Military background and support could help him," Aleksius Jemadu, the dean of Pelita Harapan University's School of Social and Political Sciences, told the Jakarta Globe on Thursday.

But Pramono is hardly the first prospective presidential candidate from the Army. Prabowo Subianto, the former commander of the Army Special Forces (Kopassus) is widely considered one of the front-runners for the 2014 race, while Wiranto, the last armed forces chief under Suharto, announced his bid last week.

The difference, however, lies in the support behind the men. Prabowo was discharged from the Army before he could retire, while Wiranto was always a polarizing figure among the top brass during his time in charge. But Pramono, only recently retired, is someone who analysts say would have the full backing of the military, which, though nominally prohibited from entering politics, is still seen as highly influential.

Gen. Moeldoko, the Army chief of staff, gave what almost amounted to a ringing endorsement of Pramono last week upon hearing that his predecessor might join the presidential race.

"We will fully support him," Moeldoko said. "However, we only will support him morally because the military can't get involved in politics."

None of the other generals has elicited anything like the same level of support from the current military leadership.

In addition to the military's support, Pramono, if he ran, would also have the political backing of the Democratic Party, which most polls suggest will get around 10 percent of the vote in next year's legislative election.

This is a key point because current electoral law stipulates that a party or coalition must have at least 25 percent of the vote in order to be eligible to nominate a presidential candidate.

This would leave the Democrats needing to seek the support of just two or three other parties to make up the difference. However, Prabowo's Great Indonesia Movement Party (Gerindra) and Wiranto's People's Conscience Party (Hanura) are not expected to fare as well, and could end up being minority partners in coalitions with larger parties, which would see their candidates relegated to running for vice president rather than the top seat.

But events are unlikely to pan out this way, says Andrinof Chaniago, a political expert at the University of Indonesia.

"It's still uncertain whether the Democrats will nominate Pramono for the presidential or vice presidential post," he told the Globe. "It's all down to the public opinion polls and surveys. If the results aren't good, it's unlikely that he'll get the Democrats' nomination at all."

Andrinof added that Pramono's track record in the Army was mediocre at best, and that he couldn't be expected to transition easily into the role of a civilian leader.

"He's not a popular figure and he has little influence," he said. "His family connection with Yudhoyono may increase his chances of being nominated, but winning the election will be out of his reach."

Aleksius from UPH agreed that it was doubtful "whether Pramono can shift from a military-style leadership to that of a civilian one."

"People are going to judge him based on his leadership abilities in overcoming the big problems that the country currently faces, and not based on his past leadership in the Army," he said.

Both Aleksius and Andrinof said there was a bigger chance of the Democrats backing Gita Wirjawan, the trade minister, whom they said appeared to have Yudhoyono's tacit approval to run in the party's convention to pick a candidate.

"Yudhoyono is pushing Gita and allowing him to advance, but again his chances depend on his popularity and what the public wants," Andrinof said.

Aleksius said the reason Gita, 47, could be picked over Pramono, 58, was because he could appeal to young and first-time voters, who this year are expected to account for just over 50 percent of voters. He added that if anything, Pramono would make for a good choice of vice presidential candidate.

"I think his chance of running for the vice presidential spot is much bigger. He can go with Aburizal Bakrie," Aleksius said, referring to the Golkar Party chairman and presumptive presidential candidate.

"But it depends on how popular the Democrats will be in the legislative election. If their popularity drops drastically, they'll have to be content to run just for the vice presidential position. But if they get more than 10 percent of the vote, then there's a chance for them to aim for presidency outright."

Joko gives Democratic Party cold shoulder

Jakarta Globe - July 9, 2013

Carlos Paath & Yeremia Sukoyo – Jakarta Governor Joko Widodo says he intends to decline an invitation to take part in the Democratic Party's convention to select its candidate for next year's presidential election.

"I am a cadre of the Indonesian Democratic Party of Struggle [PDI-P]," Joko said on Monday, adding that he wasn't interested in running for president next year. "Who would want to be a president, anyway?" he asked.

The governor was responding to a question regarding how he would feel if he was "accidentally" elected president, a reference to a past interview in which Joko said that he became the Solo mayor and Jakarta governor "by accident."

There were rumors that Joko was considering running for the presidency and that he was ready to pass on his governorship to his deputy, Basuki Tjahaja Purnama. But Basuki said that Joko had not discussed the issue with him.

"There have never been such talks. We're already overwhelmed with issues in Jakarta," Basuki said at City Hall on Monday. He added that he and Joko were currently focused on recruiting new school principals and heads of community health centers.

The Democrats briefly attempted to court Joko when it became seemed that none of its members would be suitable for seeking the presidency.

National Mandate Party (PAN) chief advisor Amien Rais said his party was still open to candidates from other political parties to run alongside party chairman Hatta Rajasa next year. Amien said a Hatta-Joko ticket was possible, but PAN would also consider Great Indonesia Movement Party (Gerindra) founder Prabowo Subianto.

"In my opinion, the most obvious candidates to run with Hatta would be Joko or Prabowo, but there are others. We've put some thought into running either Prabowo with Hatta or Joko with Hatta or the other way around. We're open, still open [to that]," Amien said on Monday.

Amien said that although PAN had decided to endorse Hatta, a different scenario could still materialize. He said that if PAN failed to generate enough votes during the legislative election it would consider putting forth Hatta as a vice presidential candidate.

"It would be great if PAN was able to reach the double-digit figure. But if PAN fails to obtain 10 percent, the position of having a vice presidential candidate is still acceptable," Amien said.

The former speaker of the People's Consultative Assembly said he wished to see several people competing in next year's general elections, regardless of gender, military background or whether they were from Java. "I think potential figures should come out. We should let the people decide," he said.

Joko and Prabowo have both polled well in surveys of public opinion.

Despite Joko's popularity the PDI-P has yet to say if it will put him forward as a presidential candidate. PDI-P has asked Joko to focus on Jakarta, because he was only sworn in as Jakarta governor last October.

PDI-P chairwoman Megawati Sukarnoputri has expressed interest in running, and Joko has said he will defer to her.

Environment & natural disasters

Java's bulls near extinction as habitat continues to shrink

Jakarta Globe - July 15, 2013

Dyah Ayu Pitaloka, Malang, East Java – Javanese bulls, also known as Bos Javanicus, are on the brink of extinction, according to a study by a government environmental group.

Natural Resources Conservation Agency (BKSDA) estimates that only six of the animals remain living in the wild.

The conservation body drew its conclusion from surveys and research it conducted based on indicators including public testimonies, footprints, faeces and food availability.

During the study, BKSDA was unable to facilitate a direct encounter with the bull species, which is classified as endangered by the International Union for Conservation of Nature.

"Observation on the bull population is quite difficult because bulls are wild animals that you don't come across easily," said Malang BKSDA chief Dedi Sudiana.

The last data on the bull population was collected in 1994 when 20 bulls were found alive in Malang's protected Tirtoyudo forest. At the time several bull sightings were recorded around Tirtoyudo. Since then the species has declined by as much as 80 percent.

In recent years Javanese bulls have been known to enter residential areas because the availability of their food, which mainly consists of grasses, bamboo, fruit, leaves and young branches, has become increasingly sparse.

In late 2011, three bulls were reported to have entered a residential area in Lenggoksono village, Tirtoyudo. Prior to that encounter, a villager was killed by a bull, prompting other villagers to hunt it down.

Rosek Nursahid, chairman of nongovernmental group ProFauna Indonesia, said that to prevent attacks on residential areas food supplies must be replenished.

Rosek suggested the government create a designated conservation area for the bulls' habitat, stressing their endangered status. Rosek explained that the bulls' habitat in Malang continues to shrink as local residents extend their plantation areas.

The chairman urged the government to find a suitable forest for the conservation area far from residential areas, where cases of human-bull conflict are unlikely to occur.

RSPO denials are smokescreen: NGOs

Jakarta Globe - July 13, 2013

Dessy Aswim – The Roundtable on Sustainable Palm Oil, a self-regulating industry body, has defended four out of five of its member companies accused of contributing to forest fires in Sumatra that blanketed Singapore, Malaysia and southern Thailand in thick smoke last month.

A company accused of having nearly 100 fires burning on its land during the crisis, Jatim Jaya Perkasa, was notably absent from the organization's defence of its members' land stewardship.

The RSPO claimed that based on digital map analysis of plantations belonging to Sime Darby, Golden Agri Resources, Kuala Lumpur Kepong and Tabung Haji Plantations, there were no forest fires lasting more than 24 hours in RSPO member plantations between June 1 and 26, when the Sumatra forest fires were at their peak.

However, Greenpeace said on Friday that there were in fact more than 20 fires on plantation land owned by Bumireksa Nusasejati, part of the Malaysian-based Sime Darby group. Sime Darby had previously blamed those fires on local farmers.

Critics say the RSPO's definition of "sustainability" has not prevented member companies from clearing secondary forest or operating in peat lands, nor from buying palm fruits from farmers who operate in protected areas or set fires to clear land, such as those farmers operating on Sime Darby's land.

The RSPO is suspected to have attempted to cover up the fires on member company Jatim Jaya Perkasa's land by blaming the quality of the concession maps provided by the company.

"As of July 9, four of these five companies have submitted digital maps in a format appropriate for analysis. PT Jatim Jaya Perkasa has submitted concession information that cannot be used for precise analysis, and the RSPO has requested that the company submit digital map files in a more usable format," the organization said in a statement.

The Australian newspaper quoted the World Resources Institute's forests communications officer, James Anderson, as saying that the NGO's own independent investigation contradicted the RSPO's denial of responsibility. RSPO member companies did indeed bear responsibility for some fires in concession areas, the WRI's data analysis is reported to have concluded.

New law goes easy on forestry violations

Jakarta Globe - July 10, 2013

Markus Junianto Sihaloho & Rizky Amelia – Where there's smoke, there's fire, as residents of Riau, Singapore and parts of Malaysia can attest to after forest hot spots in Sumatra generated haze so severe that it sent air pollution indices in the region to record highs last month.

But for politicians in Jakarta, there's no fire. Literally. A new law passed on Tuesday, which the House of Representatives is touting as the most comprehensive piece of legislation to tackle forestry crimes, somehow fails to make any mention of forest fires, much less stipulates any punishment for anyone setting a blaze.

The Law on Preventing and Eradicating Forest Destruction, passed at a plenary session of the House of Representatives, is the final iteration of a packet of amendments to the 1999 Forestry Law, and was first proposed in 2002 in a bid to cover all aspects of forestry-related crimes.

Firman Subagyo, the chairman of the House working committee that deliberated the legislation, said the new law was needed because the 1999 law had failed to make a dent in the fight against illegal logging and other forestry violations.

"This law will provide the legal foundation that law enforcers need to tackle forestry crimes, and the deterrent effect needed to prevent more crimes," he said, claiming that the new law prescribed more stringent punishment than the old law.

But the actual changes reflect the opposite. The maximum prescribed sentence for illegal logging, for instance, has been halved from 10 years under the 1999 law to five years under the new law, according to a copy obtained from the House's website.

Most tellingly, though, the new legislation makes no mention whatsoever of forest fires, for which the old law prescribes sentences ranging from five to 15 years and fines of Rp 1.5 billion to Rp 5 billion ($150,000 to $500,000).

The issue of forest fires sparked a diplomatic row last month when hot spots in Sumatra's Riau province left much of the region around the Malacca Strait, including Singapore and parts of Malaysia, shrouded in a thick blanket of haze.

Police have charged more than 20 small-scale farmers with setting the fires and are investigating the possible involvement of major oil palm and pulp and paper companies. All the charges are based on the 1999 law.

The new law also omits any reference to illegal wildlife trafficking, which under the old law carries a maximum sentence of a year in jail.

The only tangible improvements apparent in the new law are the more specific definitions for the various types of offenses and a differentiation in prescribed punishments between individuals and corporations, as well as between indigenous forest dwellers and outsiders.

Despite the more lenient punishments and omission of major offenses, Forestry Minister Zulkifli Hasan said he was pleased with the new legislation.

"It was formulated specifically to deal with violations and destruction. If someone sets a forest fire deliberately, we know how many years they can get and how much they can be fined," he said, apparently oblivious to the fact that forest fires are not covered in the law.

Others, however, were not impressed. A coalition that includes the Indonesian Forum for the Environment (Walhi) and Indonesia Corruption Watch has vowed to seek a judicial review with the Constitutional Court, calling the law poorly thought out and a regression from the 1999 law.

Siti Rahma Mary, a spokeswoman for the coalition, said in a statement on Tuesday that there were several reasons why the law should be struck down, a major one being the complete disconnect between the new legislation and prevailing forestry-related laws and regulations.

"There's no harmonization between the new law and other regulations pertaining to the forestry sector, and this is most apparent in the disregard for the change in the definition of what constitutes a forest zone," she said.

She said the definition used in the 1999 law was struck down by a 2011 Constitutional Court ruling, but that the new law used the same, invalid definition. "The House also failed to take into consideration a 2012 Constitutional Court ruling that separates indigenous forests from state forests," Siti said.

Siti added that the new law had failed to provide the comprehensive regulation that it was conceived for, and that if anything, it had only added to the confusion of overlapping and conflicting regulations regarding forestry issues.

She also questioned a provision calling for the establishment of a body to oversee forestry crimes, comprising the police, prosecutors and regional authorities. "The establishment of this new body will only complicate the coordination between existing law enforcement agencies," she said.

Emerson Yuntho, from ICW, agreed that the law would not be the solution that Indonesia desperately needed for tackling forestry crimes. "None of us is disputing that we need laws to stop the destruction of Indonesia's forests. But this new legislation is not the solution we're looking for," he said.

He argued that it appeared to disadvantage indigenous groups by categorizing their subsistence logging and other forestry activities, in many cases practiced for several generations, as being just as serious as the large-scale deforestation practiced by logging companies.

Emerson also took issue with the House's argument that the 1999 law was too weak and that the new one would fix the problems inherent in it.

The problem with the old law, he said, was not that it failed to take a hard line against forestry crimes, but that the enforcement was virtually non-existent, thanks to a dearth of forest rangers and a lack of urgency from police and prosecutors to tackle such cases.

"What guarantee do we have that this new law will be enforced any better or any more consistently than the other one, such that it provides the much- needed deterrent effect?" he said.

He added that rather than come up with a completely new law that missed the point, the House should have simply addressed the shortcomings in the 1999 law one by one through a set of amendments.

House endorses bill to curb illegal logging

Jakarta Post - July 10, 2013

Margareth S. Aritonang, Jakarta – After 11 years of deliberation, the House of Representatives finally endorsed on Tuesday a bill on prevention and eradication of deforestation amid of protests from environmentalists, who criticized the excessive power granted to the Forestry Ministry to manage the country's forests.

The bill draft, was first proposed by the government as an illegal logging bill in 2002, but was only discussed by the House from 2010.

"The first draft only aimed to curb illegal logging, however, as deforestation has expanded to conservation areas, a regulation is needed to prevent and eradicate deforestation," deputy chairman of House Commission IV overseeing agriculture and forestry Firman Subagyo said.

Firman said that once endorsed, the bill would effectively protect the country's 133.4 million hectares of forest and would give severe penalties to individuals guilty of illegal logging or occupying forest areas protected by the government.

Under the new law, the maximum jail term for an illegal logger is 15 years. Under the current Forestry Law No. 41/1999, illegal loggers could face a 10-year prison sentence.

The new law also stipulates that individuals who use funds from illegal logging will be liable to pay fines up to Rp 100 billion (US$10 million).

Article 43 of the bill mandates the government to seize all evidence from illegal activities in the forests for the sake of research development, public and social purposes.

Article 45 permits the government to sell mining and plantation products seized from illegal activities, because of the high cost of keeping them.

The Indonesian Democratic Party of Struggle (PDI-P) faction ratified its endorsement of the bill by saying that the government should destroy all evidence seized from illegal activities in forest areas, instead of handing them over to the State-Owned Enterprises Ministry for research, or auctioning them off as stipulated in Articles 43, 45 and 46.

Lawmakers postponed the endorsement of the bill in April following protests from environmental groups which rejected the bill over concerns that it could be used by authorities to prosecute members of indigenous communities who have lived off the country's forests for generations. The House then made minor changes to the draft, guaranteeing that the bill would not violate their rights.

Forestry Minister Zulkifli Hasan ensured that the bill would only target "organized illegal activities" in the country's forests, and, thus, would not arbitrarily target members of indigenous communities.

"Under the new law, organized crime refers to systematic illegal activities by two or more individuals who work collectively for certain duration to destroy the forests.

This will of course exclude communities that have been living in or around the forests, who have opened traditional plantations or utilize the timber for personal use," Zulkifli said.

Under the new law, the government receives a mandate to set up a task force comprising members of the National Police, prosecutors, experts and public figures, who will be authorized to monitor efforts.

"This team will answer to the President," Zulkifli said. He added that the task force would only be established after the 2014 election.

A coalition of environmentalists and anti graft activists, including the Indonesian Forum for the Environment (Walhi) and the Indonesia Corruption Watch (ICW), maintained their opposition to the bill and pledged to file a judicial review with the Constitutional Court.

Siti Rahma Mary, a spokesperson for the coalition, said that the new law would encourage corrupt practices among officials in the central government and regionally, as it gives them authority to issue permits or bring criminal charges against those conducting illegal activities.

"This will hamper efforts to eradicate corruption in the forestry sector because the responsibilities of the task force will overlap with the Corruption Eradication Commission [KPK]," she said.

Health & education

PKS lawmaker advocates denying medication to HIV+ patients as punishment

Jakarta Globe - July 15, 2013

Dessy Sagita – A Prosperous Justice Party (PKS) lawmaker was under fire on Monday for advocating that HIV-positive patients were undeserving of free medication because they needed to be punished for leading "unhealthy lifestyles."

"It's ironic that [patients with] illnesses like HIV/AIDS get free drugs," Wirianingsih said, as quoted by Indonesian news portal Kompas.com. "There should be some kind of punishment for them for not practicing a healthy lifestyle."

Wirianingsih, a member of Commission IX overseeing health matters, made the comments during a hearing with the Ministry of Health on Wednesday last week.

"We are deeply concerned that such a statement came out from a member of Commission IX that oversees health issues and has the power over the health budget," Aditya Wardhana, the executive director of the Indonesia AIDS Coalition, told the Jakarta Globe on Monday.

A 2011 report by UNAIDS estimated 380,000 people were HIV-positive, while a 2009 count by the Ministry of Health said 6.4 million people were classified as "at risk" of contracting HIV.

"This is not the first time a member of Commission IX has blurted out a counterproductive statement like this," Aditya said.

Last year, the head of the commission, the PDI-P's Ribka Tjibtaning, was criticized after she said many people living with HIV purposely left used toothpicks in a restaurant to infect other people. Ribka is a medical doctor.

Aditya said negative comments about free ARV programs would put lives at risk. "Countless medical studies have proven that, with regular ARV treatment, not only can we improve quality of life, but we can also reduce the transmission rate," he said.

The secretary of the National AIDS Commission (KPAN), Kemal Siregar, said Wirianingsih's comments would make people more reluctant to seek medical attention. "Stigma and discrimination will push people away, they will not want to be tested and those who are infected will not want to get treatment," he said.

Kemal said most people living in HIV in Indonesia were from impoverished backgrounds. "Many of them cannot afford the drugs if it's not free and, whatever the cause of the infection, it does not give us any reason to blame them," he said.

Wirianingsih has since attempted to row back from her comments, writing on her Twitter account that she had been misunderstood.

"What I meant by 'punishment' was obviously not social or legal punishment," she wrote, "but to ask them to pay higher health insurance premiums as a form of responsibility."

Under the national program, some 32,000 people living with HIV in Indonesia are enrolled in a program to receive free antiretrovirals.

PKS lawmaker faces condemnation over insensitive AIDS comment

Jakarta Post - July 15, 2013

Jakarta – AIDS organizations were incensed over a statement by Prosperous Justice Party (PKS) lawmaker Wirianingsih, which surfaced over the weekend, that AIDS patients should not be covered by government healthcare programs under the Social Security Provider (BPJS), which will start in 2014.

Indonesia AIDS Coalition executive director Aditya Wardhana said that what Wirianingsih had said reflected her lack of understanding over the issue.

Aditya said that the lawmaker's statement certainly did not help people with HIV/AIDS who had to pay Rp 520,000 (US$52) per month for antiretroviral drugs (ARV) produced by state-owned pharmaceutical company PT Kimia Farma, which was still considered expensive by around 32,000 patients because many of them did not have jobs.

"Many people with HIV/AIDS are being discriminated against. Most companies in the country don't allow people with HIV/AIDS to work in their firms. Therefore, many of them can not earn enough money for their medication," he said.

Wiraningsih caused an uproar over the weekend, after a controversial statement she made during a meeting at the House of Representatives with Commission IX overseeing health on Wednesday surfaced on the Internet.

Wirianingsih said in a hearing on the healthcare coverage program that people with HIV/AIDS should not be given free medication under the BPJS scheme as the health problem was caused by their unhealthy lifestyle. She said that AIDS patients should instead be punished rather than given free medicine.

"Why should the people with HIV/AIDS be given free medicine? They should be punished because it is their fault what is causing them to suffer from HIV/AIDS," she said.

The public has responded angrily to the statement, with some venting their anger on the popular microblogging site Twitter. Some of the critics on Twitter targeted their attack on the fact that the PKS lawmaker is a mother of 10. "What if one of your kids got AIDS," said one of her critics.

Following the outcry, Wirianingsih finally apologized, saying that she would be happy to discuss the matter further with her critics. Wirianingsih also claimed that her statement was taken out of context.

"Yes, I used the word punishment, but I did not mean it to marginalize those with HIV/AIDS. We were discussing the Social Security Providers (BPJS) plan. I was asking for confirmation from the health minister on why the people infected HIV/AIDS, which is caused by their own bad habits, should be given free medicine," she said as quoted by kompas.com.

Following the statement, some HIV/AIDS activists contacted Wirianingsih for further clarification and discussion.

House Commission IX had agreed to set a meeting with activists to discuss the matter next month. "We have got confirmation that the commission is willing to have a discussion with us in August," Aditya said.

The National Commission on HIV/AIDS insisted that people with HIV/AIDS must be included in the BPJS program, simply because the ARV drug for HIV/AIDS is manufactured and distributed by the government.

"People with HIV/AIDS need to get ARV on time because they could be very vulnerable to diseases if they don't consume it," the commission's deputy program officer Fonny J. Silfanus.

According to figures from the Health Ministry, there was at least 5,829 people that were infected with HIV/AIDS in the first quarter this year. That is a 13 percent drop from 6,542 in the first quarter last year. In total, there are currently 103,759 people with HIV/AIDS, all of whom are set to be included in the universal healthcare coverage which will take effect next year. The discussions to determine those who will be included in the program are currently still going on. (koi)

New law aims to place more doctors in rural areas

Jakarta Globe - July 11, 2013

Carlos Paath – The government has hailed the passage of new legislation that it says will tackle the chronic shortage of doctors serving Indonesia's rural and underdeveloped areas.

Education Minister Mohammad Nuh said in Jakarta on Thursday that the passage of the bill on medical education by the House of Representatives earlier in the day marked a key step toward boosting the ranks of the country's health workers.

"We're at a point now where most doctors are concentrated in urban areas, while rural and remote areas have a severe shortage of health workers," he said. "That's why it's so important to have this new legislation in place."

Key among the provisions in the new law is greater access for low-income students and those living in underdeveloped areas for a place in medical school.

Rohmani, a member of House Commission X, which oversees education matters and deliberated the new legislation, said this measure was aimed at "evening out the distribution" of medical workers.

"Article 27 of the law is meant to guarantee a place in medical or dental school for applicants based on the needs of their home region, the local poverty rate and gender equality," he said. "The law is also designed to give students who meet the criteria greater access to scholarships and other financial aid."

Rohmani, from the Prosperous Justice Party (PKS), added that some of the scholarships would be contingent on the candidate doctors serving for a specified period in an underdeveloped region.

Nuh said this program was one of many meant to induce doctors to work in under-served areas, and attributed the concentration of doctors in cities to the need to recoup the high cost of a medical education.

"This new law addresses the need for affordable medical education. It also details several intensive programs to place doctors in underdeveloped areas as part of their required training period," he said.

Rohmani said the law would also prohibit medical schools from hiking their fees without prior approval from the Education Ministry, thereby "preventing the commercialization of medical education."

Nuh said the law would also put in place a set of standards for medical education and for graduate doctors' professional competency, as well as integrate dental schools into medical schools.

Although the bill was pre-approved earlier this week by House Commission X to be brought to Thursday's plenary session, the passage was still marked by last-minute arguments and objections to articles pertaining to government-paid internships for trainee doctors, tie-ups between medical schools and private hospitals, and standards for dental schools.

That prompted House Deputy Speaker Priyo Budi Santoso to order a short recess to allow legislators from the various parties to discuss compromises on those points, after which the plenary session resumed and the bill was passed.

The new law is the latest in a string of new legislation that the House has passed this week before it breaks for its month-long mid-year recess. Among the more contentious laws that have come out include one regulating mass organizations and one to tackle forestry crimes, both of which are expected to be the subjects of judicial reviews by civil society groups.

Stunted, overweight generation

Jakarta Post - July 11, 2013

Nadya Natahadibrata, Jakarta – Indonesia is facing the double burden of malnutrition that refers to the coexistence of both undernutrition and overnutrition affecting its children's health.

With a third of children under five stunted, the future capacity of the nation's workforce is compromised, according to the World Bank (WB).

A WB report released recently shows 36 percent of children under the age of five in Indonesia suffer from stunted growth (shorter than expected for their age).

This means stunting rates are lower in Vietnam (23.3 percent) and the Philippines (32 percent). According to the report, Indonesia is equal to much poorer countries, such as Myanmar (35 percent), Cambodia (40.9 percent) and Laos (44 percent).

The report, Adjusting to Pressures, shows that the country has high wasting rates (weight is less than expected for height), second only to Timor Leste and higher than other poorer Southeast Asian countries such as Cambodia, Laos, Vietnam and Papua New Guinea.

However, the WB noted that Indonesia also has the highest number of overweight children, with 12.2 percent facing overnutrition, and the likelihood of cardiovascular diseases in later life greatly increased. This is much higher than Malaysia, which has higher income, with only 6 percent.

"In Indonesia, [the double burden of malnutrition] is likely to seriously undermine efforts to reduce poverty as well as erode economic growth," the report says. Indonesia's economy has grown by over 6 percent since 2010.

Minarto, the Health Ministry's nutrition management director said on Wednesday that the main cause of the double burden of malnutrition was incorrect feeding practices.

Stunted growth was the result of maternal malnutrition commonly found in the country's poorest areas.

"Infants up to 6 months old should be exclusively breastfed. There are a lot of mothers who feed their babies formula milk or other food before the babies are 6 months old. This significantly affects their stamina and intelligence," he said.

WB data shows that in 2010, only 15 percent of babies were breastfed exclusively for 6 months, less than the 32 percent reported in 2007. Data from 2002, reports that 40 percent were breastfed. He added that children under the age of five were also often introduced to instant noodles by their parents, exacerbating malnutrition.

"If children are not introduced to nutritious food while they are young, they show no interest in fruit or vegetables in the future, and this causes obesity," Minarto said.

He added that research had found that stunted children have lower intelligence compared to children that have enough nutrition.

"In the future it would certainly affect their income and welfare, which of course will have an impact on the country," Minarto said.

To improve nutrition, the Health Ministry had carried out a program called First 1,000 Days for the Country, which focused on providing better nutrition for mothers and babies in their first two years of life.

Sukirman, a nutrition professor at the Bogor Agricultural Institute (IPB) school of Human Ecology said that stunted children were also likely to become obese.

The rising number of people with obesity was also caused by the improvement of technology in processing food, transportation, as well as advertising.

"Food that contains a lot of sugar and fat, for example cakes and donuts, are now affordable and available to people with a low income, so now obesity no longer only affects the rich," Sukirman said.

"People also no longer walk as much and they are easily distracted by television advertisements promoting high-calorie drinks and food."

Minarto said the government plans to reduce the percentage of stunted children to 32 percent in 2015.

"We can still fix this problem, as long as we ensure these children, especially those live in the poor areas, eat nutritious food and have a good education," he said.

Graft means cash promised for education does not get to schools: ICW

Jakarta Globe - July 11, 2013

Dessy Aswim – Indonesia's school children are paying the price for entrenched official corruption, with inadequate schools and teaching hindering learning, activists say.

Febri Hendri, a researcher at Indonesia Corruption Watch, said at a discussion in Jakarta on Wednesday that with one in three Indonesians still of school age, young people are paying the price for endemic corruption.

He noted that Indonesia had dipped in global education rankings, despite the government allocating 20 percent of its budget to education, blaming a lack of transparency in education management.

"We are worried a large amount of money will go missing ahead of the election in 2014," Febri said.

ICW claimed that as much as 60 percent of the education budget is siphoned off in graft-ridden deals, meaning the increased funding does not lead to improved performance.

"Why, despite the higher budget allocated for education, has there been little reform?" Febri asked.

Weilin Han, a nationwide school consultant, said funds were not getting to schools and students.

"I can't really say that corruption has got worse but I can say the budget is not being used wisely," she said. Education Minister Muhammed Nuh has championed a new curriculum emphasizing religious and moral education over practical subjects like English and science. Critics have attacked the new priorities and say teachers will receive inadequate training ahead of implementation.

Initially designed to be spread across the whole country, the curriculum will now only be implemented this year in a small fraction of schools. Just 10 percent of teachers will receive specific training.

Febri said programs such as new curriculums are sometimes created just to camouflage corrupt officials' efforts to get more funding. "Sometimes the programs are necessary – but not a priority.

What's needed now is access. Improving the quality of educators is of utmost importance," Febri said.

Weilin said many teachers lack formal training and lack motivation to inspire pupils.

"We are short of qualified teachers and many in the profession are guided not by a desire to share knowledge but the hope of a civil service position that offers salary and security," she said.

She added that teachers and educators need to be empowered to rebuild the crumbling education system, with guidance provided by qualified trainers.

To combat corruption, Weilin called for greater transparency, arguing that embezzlement often occurred in closed-door meetings between legislators and bureaucrats.

The poor quality of school buildings has also been blamed on corruption, with occasional reports of roofs and walls in dilapidated buildings collapsing, sometimes injuring students and often interrupting classes. Many are ill-suited to the heavy rains of the nation's wet season.

The national exams, meanwhile, have been criticized for lacking critical thinking assessments and encouraging a culture of teaching for the test where students prepare by the rote learning of dates, facts, figures and formulae.

Gender & sexual orientation

NGO struggles over website closure

Jakarta Post - July 15, 2013

Jakarta – Ourvoice Indonesia, an NGO that promotes the rights of the lesbian, gay, bisexual and transgender (LGBT) communities, will discuss advocacy strategies with the Press Legal Institute (LBH Pers), on Tuesday, following a recent blockade of its website by the Communication and Information Technology Ministry (Menkominfo).

"We'll discuss effective advocacy strategies before we meet ministry officials. The LBH Pers is studying our case," Ourvoice Indonesia secretary general Hartoyo told The Jakarta Post over the phone, on Monday.

In a previous statement, Hartoyo said that he could not access the Ourvoice website via his mobile phone which used XL Axiata phone operator around May or June.

He later reported the problem to the provider's customer service center at Plaza Semanggi, Central Jakarta, but the problem remained.

On July 4, XL's customer service department sent an email to Hartoyo, saying it blocked the website at the request of Menkominfo.

"I sent a text message to the ministry's spokesman Gatot Dewa Brata, asking him to explain the reasons behind the block," Hartoyo said, adding that the spokesman denied that Menkominfo ordered the blockage.

Since 2009, the Menkominfo has blocked websites that it considered to contain pornographic materials. (ogi/ebf)

Indonesia still far from a rainbow nation

Jakarta Globe - July 10, 2013

Diska Putri Pamungkas & Dessy Aswim – Indonesia is a long way from achieving the openness and tolerance of the United States and Europe toward people of diverse sexualities, experts and activists say.

But a National Commission on Human Rights (Komnas HAM) statement calling for more protection for lesbian, gay, bisexual and transgender (LGBT) people is a step in the right direction, they say, adding that civil society groups should push the government to end discrimination and violence.

Heru Susetyo, a human rights expert at the University of Indonesia, told the Jakarta Globe that community leaders needed to engage in public debate on LGBT issues.

"There should be more people speaking out, especially political leaders and powerful individuals whose influence is immense, like [US President] Barack Obama, because it will help to change the perception of the masses," he said.

Todung Mulya Lubis, a human rights activist and lawyer, said that when influential people fight against an established practice, other people will follow.

"A long history of opposition to this group has been embedded in our minds and it will take a long time to change our mindset. There has always been deep antipathy toward these groups, and rejection. There is an understanding but it's not yet openly expressed," he said.

Indonesians are strongly opposed to LGBT rights, research shows. Last month's "Global Divide on Homosexuality" study by the Pew Research Center surveyed more than 37,000 people in 39 countries.

It found Indonesians were overwhelming opposed to homosexuality, with 93 percent saying that gay people should not be accepted.

"Acceptance of homosexuality is particularly widespread in countries where religion is less central in people's lives. These are also among the richest countries in the world," Pew said in its summary of the findings.

"In contrast, in poorer countries with high levels of religiosity, few believe homosexuality should be accepted by society." Muslim countries were found to be overwhelmingly opposed to homosexuality.

Gay rights as human rights?

Opposition to LGBT rights exits even inside Komnas HAM, with members of the commission divided on whether to discuss LGBT as part of human rights issues.

Some members say LGBT people are abnormal, need medication or should be "cured" by religious guidance, meaning medical experts and clerics rather than the human rights commission have responsibility for the issue.

Others say the LGBT people, like all citizens, have the right to choose their sexual orientation without any institution, including the state, interfering.

After heated debates, Komnas HAM settled on a compromise, calling for more protection for LGBT people without deciding if they would discuss it as a human rights issues.

"I think the Komnas HAM's decision is a good start. Indonesia needs people like Obama, who openly expresses his support for LGBT people, and there has already been same-sex marriage legalization in several countries. It greatly helps to change the perception of the citizens and public," Todung said.

"We are not yet at that stage and it's impossible to hope for such a thing in the near future. There should be more people speaking out. Advocacy groups should be out to defend them; tolerance should be practiced openly," he added.

Heru said that LGBT people are marginalized in Indonesia, susceptible to becoming victims of violence or sexual assault and also discriminated against in the workforce.

He compared Indonesia to Thailand, where transgender status is more socially accepted in urban areas and beyond.

In Thailand, he said, transgender people work in many industries and can climb the corporate ladder because people are accommodating. But in Indonesia, transgender people typically only work as buskers, shampoo boys or prostitutes.

"Among Asean [the Association of Southeast Asian Nations], we are not the worst nor the best; we are somewhere in between. We are not excessively open and welcoming but we do not forbid LGBT people from existing [openly], as compared to the Philippines or Thailand, which are more open," Heru said.

Influence of Islam

Komnas HAM's position was welcomed by the Indonesian Ulema Council (MUI), an Islamic group strongly opposed to LGBT issues being categorized as human rights matters. MUI leader Amidhan Shaberah said all citizens should be protected by the law.

"Every human being should be protected, no matter what their sexual orientation is, and it is already in Indonesian law – we all agree to support the implementation of the law," Amidhan told the Globe.

Amidhan said the government should protect the right of every citizen, including the rights of education and employment, adding that any discrimination that breaches those rights should be stopped, including for LGBT people.

Hartoyo, secretary general of OurVoice, a civil society movement advocating LGBT rights, said the protection of LGBT people from discrimination is urgent in Indonesia, where discrimination is rife.

"We need to see more concrete steps from the government regarding LGBT rights. If the government wanted to provide protection in a concrete way, then we should have a concrete program for that, and I'm still looking what the program is," he said.

Muhammad Nur Khoiron, deputy chairman of Komnas HAM responsible for the protection of minority rights, said the commission was discussing with LGBT rights organizations their policy preferences.

"Discussion of the protection of LGBT people from violence and discrimination became an important agenda item at our plenary meeting, following the increasing number of cases of social discrimination and physical abuse against the groups reported to the commission," he said.

Nur Khoiron said commission recently learned of physical abuse against transgender people in North Sulawesi.

"We receive many reports of abuse and discrimination across Indonesia. We will check every report and compile them. We know there is a lot of sexual orientation discrimination out there, and the result of the plenary meeting to protect the LGBT community is the umbrella ruling for the work of all of the sub-commissions with Komnas HAM," he said.

Nur Khoiron said Komnas HAM planned to compile a report on sexual orientation discrimination, along with reports on discrimination against other vulnerable groups including disabled people, to inform its recommendations to the government.

Komnas HAM's position suggests it is still some time from getting involved in a discussion that has raged in many foreign countries – gay marriage.

The cause is strongly opposed in Indonesia, OurVoice's Hartoyo acknowledged. "We actually support same-sex marriage as an essential right, but we know that it's too early to discuss it in Indonesia."

Refugees & asylum seekers

Unrest grows over large asylum seeker numbers

Sydney Morning Herald - July 13, 2013

Michael Bachelard – The towns in Indonesia where most asylum seekers hide out as they wait for passage to Australia have rebelled against their unwelcome guests and are trying to evict them.

The move by the cities of Cisarua and Bogor, which neighbour each other about 70 kilometres south of Jakarta, is a sign of the growing unrest among Indonesians at the thousands of refugees living in their midst.

In another recent incident, several dozen residents of a south Jakarta housing complex, Kalibata City, signed a petition complaining about the nocturnal behaviour of the large number of young single Iranians living there.

The head of the International Organisation for Migration (IOM), Denis Nihill, confirmed that the local governments in the Bogor region wanted to clear out asylum seekers – most of them Afghans and Iranians – because "large concentrations have aroused community concerns".

"We've been asked by the Indonesian government to move the IOM accommodated refugees... That process is continuing, and all people have been found alternative accommodation – we're not throwing them out on the streets."

However, the IOM only houses about 300 people in the area, mostly families waiting the three years or more in the "queue" for official United Nations resettlement to other countries including Australia. Even for those people it was proving difficult to find enough alternative housing, Mr Nihill said.

United Nations figures suggest that perhaps another 5000 people, many of them young single men, live in private accommodation in Cisarua and Bogor, many waiting to board boats to Australia. The area is cheap and close to both the UN office in Jakarta and the West Java beaches where many embark on boats to Christmas Island.

One prospective refugee, Mirza Hussain, said a local government representative had told his Cisarua landlord about a month ago to evict the Afghan Hazara tenants from his 14-room boarding house. "But the owner said, 'These are good boys, they should live here, they are good persons'," Hussain said.

Up to six asylum seekers live in each room, sharing expenses and reducing their food and accommodation costs to about $US100 a month each.

If the governments decided to enforce their orders with police "sweeps", it is unclear where the asylum seekers would go.

Though instances of crime in the Bogor area are low, the concentration of young men has begun worrying local authorities. Yanyan Hendayana, the chief of security and order at Cisarua's government, said Middle-Eastern people were being evicted because they had "different cultures and habits" from Indonesians.

"For example, these people walk on the streets in big groups, even when cars are passing, and they sit outside their houses and chat out loudly at nights, disturbing the locals."

A confusing factor is another cohort in the area of richer Middle-Eastern men who are sex tourists, not refugees. They come to Indonesia to visit brothels or enter short-term "contract marriages" with local women under a loophole in Islamic law. They use this thinly veiled form of prostitution for a number of months before "divorcing" the girls and returning home.

It is understood that the pressure to reduce the concentration of Middle- Eastern men in the area started among local politicians. But it found a willing ear among the politically connected in Jakarta, many of whom own weekenders in the picturesque mountainside towns.

Indonesia has until now been relatively untroubled by the 10,000 or more asylum seekers in its midst. But the social problem with asylum seekers is growing. Its immigration detention centres are well over capacity, and are growing more crowded as police step up their attempts to arrest illegal migrants.

People smuggler goes free

Sydney Morning Herald - July 11, 2013

Michael Bachelard – Australia's most wanted people smuggler has been set free by an Indonesian court and granted his wish to return home to Afghanistan.

The South Jakarta court ruled on Thursday that Sayed Abbas, 30, who was accused of being a smuggling kingpin, could not be extradited as requested by the Australian government.

Chief Judge Pranoto said Abbas could go free immediately. But as he was hustled into a car outside the court, his lawyer said that after formalities, his client would be taken to the airport and deported to Afghanistan.

Abbas has made it clear this is his preferred outcome: "Yes, I'm so happy going back to Afghanistan."

The decision is a serious rebuff to the Australian government, which is trying to get Indonesia to take a stronger law-enforcement approach to people smuggling.

Abbas, who for most of the day had covered the lower part of his face with a green scarf, complaining of a dental ailment, said he was happy with the verdict and that he would take his Indonesian wife and child back home with him.

He had denied during the case and afterwards that he was involved in the illegal movement of people to Australia, saying other people had used his name in their own operations. He also revealed he had once been an Australia Federal Police informant.

Judge Pranoto said the prosecutors had failed to make their case for extradition in three respects. First, the crimes of which Abbas was accused were not committed in Australia, the country requesting extradition. Second, the crime of people smuggling does not appear on Indonesia's list of crimes covered by extradition law.

Third, even if the crime had been proved, the Indonesian government would have needed to approve the extradition, Judge Pranoto said. It had not done so.

The judge also appeared sceptical that Abbas could have committed the crimes because he was in jail on an Indonesian conviction for people- smuggling at the time.

It was the Australian police case that Abbas had run his operation from his cell in Jakarta's Salemba prison. Australia wanted to charge him over the illegal movement of 27 people on two different boats in 2009 and 2011.

Prosecutors told the court in May that he had charged between $US5000 and $US10,000 per passenger for passage from beaches near Mataram in West Java to Australia. It is not part of the indictment, but it is also believed Abbas was responsible for a boat that sank off Java in December 2011, killing about 200 people.

Australia had sought Abbas' extradition since March 2009, but first he had to serve out prison time in Indonesia. The failed extradition request adds to a series of failures in Australian attempts to prosecute people- smugglers in foreign jurisdictions.

Graft & corruption

Djoko gave billions to legislators: Witness

Jakarta Globe - July 13, 2013

SP/Novianti Setuningsih – In a graft case related to the purchase of traffic equipment, witnesses have testified on the flow of funds to defendant and former high-ranking police official Insp. Gen. Djoko Susilo and National Police's Traffic Corps.

Sulistiyanto, former assistant to Traffic Corps treasurer Comr. Legimo, testified in court about instructions he received from Djoko to pick up money from National Police Cooperative (Primkoppol) treasurer Halijah.

"Legimo [told me] to go to Halijah's house to pick up some money because Djoko had ran out. I was told to hurry, so I used a motorcycle," said Sulistiyanto, who testified against Djoko at the Jakarta Anti-Corruption Court on Friday.

Sulistiyanto said his former boss ordered him to pick up money from the treasurer of the other organization twice. "The first time it was a black plastic bag with between Rp 200 million and Rp 250 million [$20,000 and $25,000]," said Sulistiyanto.

The assistant also said that the boss sometimes had him cash co-op checks and that some of the cash was used by Djoko.

The Traffic Corps treasurer also said Djoko at times told him to borrow money from the co-op giving Rp 12 billion as the total. "Every time he needed money and I wasn't around [in the office], I would coordinate with [the cooperative] based on his instructions," said Legimo.

Co-op chairman Teddy Rusmawan has previously testified that Rp 21 billion in co-op funds went to Djoko. He also said some of the money borrowed by Djoko went to members of the House Budget Committee. That included Rp 4 billion that Teddy said he disbursed to then lawmaker Muhammad Nazaruddin who was demanding "his share" for the driving simulator procurement project at the heart of the scandal.

Teddy also said he gave money to House Commission III deputy chairman Aziz Syamsuddin and Commission III member Bambang Soesatyo.

"I was instructed by the defendant [Djoko] to hand over the money," said Teddy, explaining that it was given to third parties, not to Djoko directly.

"The time [that the money was handed over] in Plaza Senayan it was received by [aides of Aziz and Bambang]," said Teddy, noting details that day about the meeting, which had been moved downstairs to a cafe near the parking area from its original location in a restaurant on the same floor as the cinema.

Teddy said that the House Budget Committee received some Rp 4 billion in cash delivered in four boxes, claiming Djoko ordered him to hand over the money to committee coordinator Muhammad Nazaruddin.

"There were four boxes for [House Budget Committee] Banggar pooled with Nazaruddin. He said that Nazaruddin was the coordinator," said Teddy.

Aside from Nazaruddin, Teddy said that the meeting at the restaurant had also been attended by other lawmakers such as Aziz Syamsuddin, Bambang Soesatyo, Herman Herri, and Desmond Junaidi Mahesa.

In claiming that he borrowed money from the co-op on orders of Djoko, the Traffic Corps treasurer said that even he didn't know exactly what the Rp 12 billion was for but he still kept a record of it.

Djoko has denied telling Legimo to borrow Rp 12 billion on his behalf saying the person to look to [on the loan] is Legimo.

Meanwhile, Djoko's former private secretary, Tri Hudi Ernawati, has also said that Djoko engaged her in the receipt of funds. She said that following a meeting between Djoko and Teddy the latter told her that a [co-op] staffer would be delivering Rp 1 billion.

"After that, Djoko called [me] and said that Teddy would deliver Rp 1 billion," said Tri Hudi, asserting that the money came packed in a single box that was delivered by Halijah and another member of Teddy's staff, Darmawan.

Tri Hudi admitted to receiving co-op money on four other occasions, but specified that those times the money was "from Legimo." "Yes, four times [from Legimo]. But I don't remember the exact time," said Tri Hudi.

Traffic Corps computer operator Wasis Tripambudi, who was one of Djoko's aides and worked with him closely, corroborated Teddy's statement – that both went to Plaza Senayan to deliver four boxes of money. Wasis said that on three other occassions he delivered to Djoko's house boxes of which contents he didn't know had come from Legimo.

Anas's supporters bought votes in 2010, Sutan says

Jakarta Globe - July 11, 2013

Markus Junianto Sihaloho & Rizky Amelia – A Democratic Party executive has corroborated allegations that Anas Urbaningrum, the deposed chairman, handed out bribes to party delegates to vote for him during a leadership congress in Bandung in 2010.

"I was, indeed, a member of Anas's campaign team, [but] I wasn't involved in the funding," Sutan Bhatoegana, a member of the Democrats' central leadership board, said in Jakarta on Thursday.

"There was a distribution [of money] in Bandung to the delegates from the party's regional offices. But there was none for me. Because I refused to have anything to do with that." He added he had heard rumors about the bribes but stressed he was not among those who received any of the money.

Sutan also claimed not to know which of the regional delegates received the money from Anas's campaign team. He said all he knew was that the team had handed out cash and brand new cellphones to the delegates so that they could communicate with them without anyone from the teams of the rival candidates finding out.

With regard to the hosting of the congress itself, Sutan said he was convinced that the event was not funded with money obtained through corruption or bribery. "I am sure there was none. For the congress, the party had its own funds. We funded it ourselves," he said.

Sutan, who is also a legislator, said he had tried to warn Muhammad Nazaruddin, the party's treasurer at the time and a close confidant to Anas, against the cash-for-votes ploy, but Nazaruddin had insisted that the other candidates for the party's chairmanship were also doing the same.

Nazaruddin, currently serving a seven-year prison sentence after being convicted last year in a separate corruption case, was the one who initially raised the allegation about the bribery, claiming that

Anas distributed to the delegates Rp 100 billion ($10 million) in cash and phones from a kickback that he allegedly received from the Hambalang sports center project.

"I didn't see the distribution of the cash, but I know [it happened]. I told Nazar, don't do this. Nazar said the others [candidates] were also doing it," Sutan said. "That's what Nazar said. Now he's in trouble, but I don't know about the others."

Sutan argued that buying votes was "not necessarily wrong," as long as the money came from a legitimate source.

The two other candidates running against Anas were Marzuki Alie, the speaker of the House of Representatives, and Andi Mallarangeng, the sports minister at the time.

Both Anas and Andi have since been named suspects by the Corruption Eradication Commission (KPK) for alleged bribery, embezzlement and bid- rigging in connection with the Rp 2.5 trillion project to build a sports center in Hambalang, Bogor.

Sutan's claims come as the KPK ramps up its investigation into the alleged flow of the Hambalang bribe money to the Democrat congress in 2010.

On Thursday, antigraft investigators questioned Deni Petrajaya, the manager of the Grand Aquila Hotel in Bandung, one of the venues where the activities for the three-day congress were held.

Yogi, the manager of the Aston Tropica Hotel, another of the venues, told the KPK last week that prior to the congress, Anas's campaign team had sent over a van from Jakarta containing Rp 35 billion and $5 million in cash.

He said the money was delivered to the Aston, allegedly to be distributed to the congress delegates, consistent with Nazaruddin's account of the case.

Priharsa Nugraha, a spokesman for the KPK, confirmed that the hotel managers were questioned as witnesses against Anas, but declined to give details on the nature of the questioning or what was revealed.

On Wednesday, the KPK confirmed its impending arrest of Anas and Andi. "They will most definitely be arrested," said Johan Budi, another KPK spokesman. "Later on we'll confirm who will be arrested when."

The KPK has come under heavy criticism for its perceived reluctance to take the two officials into custody despite naming them suspects several months ago.

Critics have also questioned the slow pace of the investigation, which began in August 2011, but the KPK argues that it needs to be able to accurately determine the amount of losses incurred by the state from the corruption before it can proceed with making arrests or taking the suspects to court.

It is currently working with the Supreme Audit Agency (BPK) on establishing the losses from the Hambalang project. A preliminary BPK audit last year put the estimated losses at around Rp 243 billion, although both the BPK and the KPK have stressed that this is not the final figure.

Bambang Widjojanto, a KPK deputy chairman, acknowledged over the weekend that the process was taking a long time, but vowed not to be rushed and to work closely with the BPK to get a clear picture of what the Hambalang sports center project had really cost the state.

"I've already said before that there's a methodology for determining state losses," he said, adding that the KPK had not set a date for when they expected the calculations to be completed.

The KPK has named two other people besides Anas and Andi as suspects in the case. They are Deddy Kusdinar, a former mid-ranking official at the Sports Ministry, and Teuku Bagus Mokhamad Noor, a former director at state builder Adhi Karya, which is alleged to have bribed Anas and other legislators in exchange for winning the project contract.

Andi's predecessor at the Sports Ministry, Adhyaksa Dault, previously hinted that more legislators could be charged in the case. He said in April that KPK investigators had asked him about the role of legislators in approving an increase in funding for the project.

"It was a new line of questioning for me when they asked about specific legislators," he said, but declined to reveal whose names the investigators had dropped.

"The point is that the investigation appears to be narrowing down and the [KPK's] suspicions are growing stronger." Adhyaksa had initially pegged the budget for the Hambalang project at Rp 300 billion, but after Andi came into office in 2009, the budget ballooned to Rp 2.5 trillion.

Bank Century bailout 'not graft'

Jakarta Globe - July 11, 2013

Erwin Sihombing – The antigraft body said on Wednesday that the Bank Century bailout scandal was not a case of corruption, but the abuse of power.

Pramono Anung, a deputy speaker of the House of Representatives who presided over a closed meeting between the Corruption Eradication Commission (KPK) and the House committee that oversees the probe, said he was satisfied with the KPK's statement because it strengthened the cases against former Bank Indonesia Deputy Governor Budi Mulya, and the central bank's former deputy for supervision, Siti Chalimah Fadjriah.

Pramono said the investigation would widen because the bailout case constituted an abuse of power that caused the state to incur losses through the long-term loan facility policy (FPJP) and BI regulations.

"All along it appeared to be a case of graft but it's not, because there was no corruption," said Pramono, the Indonesian Democratic Party of Struggle (PDI-P) lawmaker who chairs the House committee on the Bank Century bailout probe.

Golkar Party committee member Bambang Soesatyo described the meeting as positive and said he was confident the KPK could solve the case.

"The KPK will soon solve it because it's not good to let it drag on," he said, adding that he believed the agency would not cover for influential figures involved in the case.

"For us, it's better [to announce it] while the perpetrators are still in office. The KPK responded by saying that it's not cherry-picking and that it was working according to the law."

Bambang said the KPK also confirmed the involvement of several other people widely suspected of playing a role, after questioning several witnesses, including Sri Mulyani Indrawati, Indonesia's finance minister from 2005 to 2010.

"Her information confirmed what the KPK and House committee already knew. So the perpetrators are those that attended the meetings with the BI board of governors. Basically, the findings confirmed Supreme Audit Agency [BPK] data that show there was an abuse of power in the FPJP. And the decision that Bank Century was an ailing bank had a systematic impact," he said.

The KPK said it hoped to take Budi, a suspect in the case, to court this year.

KPK chairman Abraham Samad said a comprehensive report on the progress of the investigation was made during the meeting with the committee.

He added that they also reported on confiscations and on witnesses' bank accounts but added that the detail on these discussions could not be revealed publicly.

Politicians join forces to attack antigraft watchdog

Jakarta Post - July 11, 2013

Jakarta – Several members of the House of Representatives have launched an attack against Indonesian Corruption Watch (ICW) for releasing a report that they deemed libelous.

Earlier this week, some of the politicians lodged complaints with the National Police against the ICW over the latter's report that stated that 36 politicians, who were seeking reelection in the 2014 legislative election, had failed to support the graft eradication campaign. Others have decided to launch a smear campaign against the ICW.

Golkar Party lawmaker Nudirman Munir, who is one of the politicians on the ICW's list, retaliated by accusing the antigraft watchdog of receiving Rp 400 million (US$40,170) from the Corruption Eradication Commission (KPK).

"The KPK chairman said during a meeting with House Commission III on legal affairs that the commission [KPK] gave Rp 400 million to the ICW from a total Rp 40 billion budget earmarked from the state budget," Nudirman said.

United Development Party (PPP) lawmaker Ahmad Yani and People's Conscience (Hanura) Party politician Syarifuddin Sudding went a step further by filing a police report on Monday acccusing the ICW of defamation. Yani said the list was subjective and could have negative consequences for him.

Last month, the ICW published the names of 36 politicians it deemed were graft-friendly. Golkar appeared at the top of the list with 10 politicians while the Democratic Party came in second with nine of its members appearing on the list. The Indonesian Democratic Party of Struggle (PDI-P) had five and the Prosperous Justice Party (PKS), four.

ICW coordinator Danang Widoyoko said the antigraft watchdog stood by its report and was prepared to deal with possible legal action.

Danang denied, however, that the ICW received money from the KPK. He said the watchdog had instead channeled Rp 438 million from public donations gathered during the "Save the KPK" campaign to build public infrastructure.

"I think he doesn't really understand where the money came from. I don't know why they are attacking us. If this is an attempt to weaken us, it means we are moving backward in fighting corruption," he said.

KPK deputy chairman Bambang Widjojanto also denied that the commission had donated money to the ICW.

This is not the first time the ICW has been attacked for its graft disclosures. In 2010, ICW member Tama S. Langkun was injured after being stabbed by an unknown assailant. Tama was attacked soon after a team of ICW investigators started looking into suspiciously "fat" bank accounts belonging to a number of senior police officers. (koi)

Terrorism & religious extremism

Terrorists utilize the Internet to spread hate, recruit

Jakarta Post - July 13, 2013

Jakarta – Terror fugitive Santoso's recent video, posted on YouTube on Sunday, illustrates the contemporary methods used by terrorist cells to employ cyberspace – and social networking in particular – to incite hate.

The six-minute video was viewed thousands of times before it was taken down on Wednesday, four days after it was uploaded.

In the video Santoso, a terrorist suspect responsible for a number of terror attacks in Poso, called on jihadists across the country to fight against the National Police's Densus 88 counterterrorism squad.

According to Noor Huda Ismail, a terrorism expert, Santoso intended his vitriolic attack on Densus 88 to be a wake-up call for other jihadists.

"The terrorists are using the Internet because it is limitless and they can remain anonymous. They use it for propaganda, recruitment and knowledge- sharing," Noor Huda said on Wednesday.

As a way to prevent extremist groups from disseminating their ideologies through the Internet, the Communications and Information Ministry, in 2011, blocked no less than 300 websites deemed "radical". But despite it's efforts, several websites promoting terrorism remain accessible.

A blog – fadliistiqomah.blogspot.com – written under the assumed pseudonym Asykarulloh Al Hafidz demonstrates how to make dynamite and bombs. The writer has also posted several articles directed at incarcerated jihadists or those recently released from prison.

"O my brothers, who are shackled in prison, I pray to God to make you strong and bind your heart so that your enemies and their allies cannot tempt you with worldly things," the blog author posted.

Another website, nii-news-document.blogspot.com, contains messages calling Muslims in the country to struggle for the establishment of the "Islamic state of Indonesia".

In addition to using the Internet to spread their ideologies, extremist groups have also used it for recruitment and fundraising purposes.

In May, the counterterrorism squad found that a terrorist group was actively recruiting through the social networking website Facebook. The police also determined that a Facebook page had played a part in terrorist suspect Sefa Riano's bombing of the Myanmar Embassy in Jakarta.

Sefa Riano's Facebook account, under the name Mambo Wahab, was removed by Facebook after he posted a message saying he would take action at the Myanmar Embassy and hoped others would support him.

Last year, the counterterrorism squad also arrested a group of terrorists who hacked the website of a Multi Level Marketing (MLM) company, skimming off Rp 5.9 billion (US$591,929) during the effort, which was later used to part fund an attack on a church in 2011.

Terrorism expert from the International Crisis Group, Sidney Jones, said on Thursday that terrorist groups had been using the internet since 2003 for communication, recruitment and fundraising. She said that this, however, was actually a sign of weakness as 10 years ago they had training camps in various parts of the country.

"The Internet is not the most significant way terrorists recruit new members. What I have seen is that the most effective recruitment is at traditional places, such as pengajian [prayer meetings]," she said.

She explained that there were not many cases of people being radicalized through the Internet and going on to commit violent acts. "There were one or two terrorist acts inspired by literature on the Internet. One example is the bombing of A&W restaurant in 2005," she said.

Indonesia has been engaged in a war against terrorism since the Bali bombing in 2002, Densus 88 have played an integral part.

It successfully killed two prominent terrorist figures Azahari bin Husin in 2005 and Noordin M. Top in 2009. Both men had been involved in major terror attacks across the country, such as the first Bali bombing in 2002, the bombing of the JW Marriott Hotel in Jakarta in 2003, and the explosion in front of Australian Embassy in 2004. The three attacks claimed 225 lives in total. (koi)

Freedom of religion & worship

Shia community longs to observe Ramadhan at home

Jakarta Post - July 15, 2013

Wahyoe Boediwardhana, Sidoarjo, East Java – For the first time in his life, Jawi, 42, a Shiite who was evicted from his hometown in Bluuran village in Sampang regency, Madura, East Java, is unable to fast in his home village.

The father of four is being forced to observe Ramadhan at the Puspa Argo low-cost apartment complex in Jemundo district, Sidoarjo regency, located more than 100 kilometers from his village.

Besides his loneliness, Jawi can no longer enjoy the special dishes his wife usually prepares to break the fast.

Instead, he must accept the menu prepared by volunteers at the public kitchen, which includes steamed rice, dried fish, tofu, chili sauce and long beans, and at times fried noodles. On occasion he can enjoy steamed rice, soto (soup), half a boiled egg or shrimp crackers.

Jawi longs for a sense of togetherness among Muslims during Ramadhan at home. He misses gathering with his neighbors in the evening after breaking the fast while waiting to perform the tarawih mass prayer.

"I want to return to my home village but I don't know how. I don't have a home there as it was razed to the ground by a mob," said Jawi.

Members of the Shia minority group have been displaced for almost a year following a riot involving Shiites and an anti-Shia group in Sampang.

Two Shiites were killed, while dozens of houses belonging to Shiites were burned down by a mob in the incident. The majority of Indonesians are Sunni Muslims.

Jawi claimed that life used to be good in the village as he owned a cow and two goats. He used to grow tobacco, rice, corn and peanuts on his 2-hectare farm, the yields of which were adequate to support his family.

"I could earn Rp 16 million [US$1,700] from selling tobacco. We consumed rice and corn and sold the peanuts," said Jawi.

Another Shiite, Zaini, 20, shared a similar thought, saying he missed hanging out with his friends in the evening during Ramadhan. "Now, it's different. I feel so lonely here. We prefer to fast in our home village where it's more relaxed and peaceful," said Zaini.

Another refugee, Siti Laila, 16, said she could no longer help her mother prepare the meal to break the fast. Laila yearned for the atmosphere in her village, where people exchanged food with one another prior to breaking the fast and there was no difference between Shia and non-Shia communities.

"Everyone exchanged food. It was exciting during Ramadhan in the village," said Laila.

Since June 20, 64 displaced Shia families comprising 224 people have been living in the Puspa Agro low-cost apartments. They include five infants, 15 toddlers, 103 school-aged children, 90 adults and 9 elderly people over 60-years-old.

Commission for Missing Persons and Victims of Violence (Kontras) Surabaya chapter coordinator Andy Irfan said the East Java provincial administration had not provided basic necessities for the displaced, such as food and nutrition according to their age groups, proper education and economic needs, like jobs for unemployed farmers.

Indonesia is a tolerant country: Suryadharma

Jakarta Post - July 11, 2013

Ina Parlina, Jakarta – Religious Affairs Minister Suryadharma Ali, in response to criticism from local and foreign institutions that say the country turns a blind eye to religious persecution, says Indonesia has always embraced religious tolerance.

Speaking at a press conference at his office on Tuesday, he said that he always told foreigners he met – whether they were officials or journalists – that Indonesia was "a country that respects its pluralistic society".

The minister's remark came ahead of an examination of the country's human rights before the United Nation's Human Rights Committee in Geneva later this week – the first examination after Indonesian ratified the International Covenant of Civil and Political Rights (ICCPR) eight years ago.

Suryadharma said Indonesia has six religious national holidays for Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism, which are the only religions the country recognizes.

He lamented the fact that the media only focused on the plight of displaced Ahmadiyah and Shia followers, and the Christian GKI Yasmin congregation, whose church in Bogor, West Java, was sealed by the Bogor administration.

Members of the congregation are still barred from worshiping in their church despite a 2010 Supreme Court ruling that stipulated that the building permit for GKI Yasmin was legal and ordered the Bogor administration to reopen the place of worship.

The congregation has conducted their Sunday service in front of the State Palace every two weeks for the past year in their relentless effort to reclaim their church.

Suryadharma later cited Ministry data that showed an increase of places of worships. According to him, mosques number saw an increase of 64 percent between 1977 and 2004, Christian churches an increase of 131 percent, Catholic churches 152 percent, Hindus temples 475 percent and Buddhist temples 368 percent.

However, local and international human rights groups have released numerous reports on the deteriorating situation and acts of intolerance in Indonesia over the past few years.

A study by the Wahid Institute, which promotes pluralism and peaceful Islam, showed the number of cases of religious intolerance in 2012 stood at 274, up from 267 in 2011. In 2010, the institute recorded 184 cases and 121 cases in 2009.

A report released by New York-based Human Rights Watch in February said Indonesia had been complicit in the persecution of religious minorities by failing to enforce laws and issuing regulations that breached the rights of minorities.

Only recently, members of the Sampang Shia community in Madura, East Java, were evicted from a sports complex where they had sought refuge for the past year after being forcefully displaced from their homes.

Suryadharma backed the relocation – which will see the whole community moved off the island – and cited security, saying it was "for the sake of humanity" as they needed a more suitable place than the sports stadium.

As for the Ahmadiyah and Shia, the minister said people should ask whether or not the rights of the majority Muslims were violated because their beliefs were disturbed by deviating principles. "Freedom has limitations," he said.

Komnas HAM finds human rights violations in Ahmadi refugee case

Jakarta Post - July 11, 2013

Panca Nugraha, Mataram, West Nusa Tenggara – The National Commission of Human Rights (Komnas HAM) has detected strong indications of human rights violations behind the settlement of Ahmadi refugees in Wisma Transito in Mataram for the past seven years.

Not only have the basic rights of the Ahmadis been systematically neglected, Komnas also deemed that the house was no longer a proper place to shelter the refugees.

"They are living together, separated only by cabinets and curtains.This, of course, has given them no privacy and has caused discomfort," Komnas HAM deputy chief Imdadud Rahmat said on Thursday.

He said Komnas HAM, along with the Witness and Victims Protection Agency (LPSK), the Ombudsman Commission and the National Commission for Women's Rights had met with the West Nusa Tenggara administration, represented by provincial secretary H Muhammad Nur to discuss the allegations of human rights and administrative violations suffered by the Ahmadi refugees.

He said according to the Komnas report, the local administration had done little to provide solutions for the Ahmadis. He added that the assistance was still limited to providing temporary shelter and keeping anti-Ahmadiyah mobs at bay but never in the form of a comprehensive solution.

"We have recommended the local government relocate them to a better place," he said.

As many as 116 Ahmadis who lived at Wisma Transito had earlier complained that they had been denied ID cards and birth certificates for their children. They claimed the absence of ID cards had prevented them from gaining access to facilities provided by the government, like the temporary cash assistance that was recently issued as compensation for the hike in fuel prices.

Commenting on this, Muhammad Nur denied the allegation that the local administration had done little to provide a solution for the Ahmadis. He said the local government had organized a series of discussions and empowerment programs involving local clerics that had been aimed at assisting them back into society.

Regarding the absence of ID cards, however, Muhammad said he had coordinated with related agencies to immediately issue ID cards for the Ahmadis.

When asked about the empowerment programs, Ahmadi refugee coordinator Syahidin confirmed that there were a series of empowerment programs organized but then they suddenly stopped.

"We were promised loans but then we found out that it was just an empty promise," he said.

The Ahmadis were evacuated from their village in West Lombok in 2006 because they were accused of having tainted Islam by hardline Islamists.(dic)

Ahmadis consider this year's Ramadhan another test of faith

Jakarta Post - July 10, 2013

Panca Nugraha, Mataram, West Nusa Tenggara – While almost everybody else is welcoming Ramadhan with happiness and smiles, for 116 Ahmadis who are now living at the Transito house in Mataram, this year's Ramadhan is just another test of faith.

"Praise God that we are allowed to experience Ramadhan this year amidst our life's difficulties," Syahidin, the Ahmadis refugee coordinator, said on Wednesday.

He said since they were expelled from their village in Ketapang, West Lombok seven years ago, they had faced difficulties getting decent jobs to feed their families. The refugees have been denied access to ID cards. In the absence of ID cards, they could not get the temporary cash assistance that had been issued lately by the government as compensation for the fuel price hike.

Many of the Ahmadis' children have also been denied schooling and newborns have been unable to get birth certificates simply because their parents do not have ID cards.

Head of the Ombudsman Commission's Mataram branch Adhar Hakim said hewas aware that the refugees were facing administrative problems like the absence of ID cards and birth certificates.

"We have facilitated some children to get access to nearby schools and are still seeking information as to why many refugees can not get ID cards," he said.(dic)

Religious intolerance down slightly in Indonesia: Setara

Jakarta Globe - July 9, 2013

Stephanie Hendarta – Violence between Sunni and Shiite Muslims on East Java's Madura Island and an attack on an Ahmadiyah community in West Java are among the 282 cases of religious violence in Indonesia reported in the first half of the year by the Setara Institute, an organization that monitors religious freedom in the country.

The struggle for religious freedom continues to face headwinds, as the institute reported only a minor drop in the number of acts of religious intolerance. In its January-July 2012 report, Setara recorded a total of 297 cases of violence.

Even though Indonesia's 1945 Constitution proclaims religious freedom, religious intolerance remains rampant, especially in diverse and densely populated Java.

Of the 122 incidents of religious intolerance reported, 95 occurred in Java, with 61 reported in West Java, 18 in East Java and 10 in Jakarta.

Many of the West Java incidents constituted violent attacks against the Ahmadiyah sect of Islam, considered blasphemous by fundamentalist groups such as the Islamic Defenders Front (FPI).

According to Setara's report, Ahmadiyah community members were attacked 46 times between January and June. In May, the West Java governor said religious tensions involving Ahmadiyah would end if the religious minority was to leave the province.

Other religious groups frequently targeted include Protestant Christians and Shiite Muslims.

Pastor Palti Panjaitan, leader of the HKBP Filadelfia Church in Tambun, Bekasi, was subjected to a second investigation in May after being charged for hitting Abdul Azis, a resident involved in an argument with church members last Christmas Eve.

The argument flared after some residents violently objected to the congregation's planned Christmas mass and ended with Palti in police custody.

Many incidents of religious intolerance have been met with little or no government intervention, allowing vigilantism to take root. National agencies were behind only 70 of the 160 responses to incidents of religious intolerance, while citizens instigated the rest, the report said.

"Government figures have been averse to taking significant action in protecting the rights of religious minorities because they are keeping their own political interests in mind," Ismail Hasani, research director at Setara, told the Jakarta Globe.

In the Sunni-Shiite conflict in Madura Island's Sampang district, police and local government officials allegedly compelled Iklil al Milal, the leader of the Nangkernang Shiite community, to sign a document consenting to a non-negotiable evacuation of the displaced Shiite people to East Java.

Setara and other human rights organizations have called for stronger political intervention in incidents of religious violence under President Susilo Bambang Yudhoyono.

"We need to put more pressure on SBY's regime with the hope that it would address the issue of religious freedom more seriously," the Setara report said.

"The Statesman Award he received from the Appeal of Conscience Foundation, an interfaith group, has not made any impact on the progress of religious freedom in Indonesia. Rather, after SBY received the award, the violence against the Sampang Shiite intensified."

Islam & religion

Food prices soar during Ramadan

Jakarta Globe - July 15, 2013

Vento Saudale, Novi Lumanauw & Fana F.S. Putra – Prices for certain kinds of food have doubled five days into the Ramadan fasting month, prompting the president to scold his ministers for their failure in preventing the inflation.

One of the more significant increases has been the price of beef, which jumped from between Rp 50,000 and Rp 60,000 ($5 and $6) to Rp 110,000 and 120,000 per kilogram on Sunday.

Meanwhile, some traders have been selling chicken meat at Rp 45,000, up from Rp 25,000, and the price of chilli has risen to Rp 100,000 from Rp 50,000 per kilogram.

In several Bogor markets for instance, traders have complained that sales of beef have dropped by half because it has become difficult to make sales at such a high price.

"Rp 110,000 is the highest price I have ever sold since I started selling beef 10 years ago," said Syahroni, a beef seller at the city's Jambu Dua market on Sunday.

The Indonesian Merchants Association (Ikappi) also confirmed that in general the price of beef had increased by almost 40 percent to Rp 120,000 per kilogram, while chicken meat surged to Rp 42,000 from Rp 27,000 per kilogram per kilogram.

The price of shallots reached Rp 55,000 per kilogram, almost double the price a month earlier, Ikappi chairman Abdullah Mansuri said.

Prices for these vegetables and meat are expected to continue to rise throughout Ramadan. President Susilo Bambang Yudhoyono said on Saturday that while it was understandable prices increased during Ramadan and ahead of Idul Fitri, the sharp increases – especially the price of beef – were unacceptable.

He said that ministers should have anticipated the price increase as it is a seasonal event, and he blamed Agriculture Minister Suswono, Trade Minister Gita Wirjawan and State Logistic Agency (Bulog) chief Sutarto Alimoeso for the government's slow action.

"I spoke with the Trade Minister yesterday, and he mentioned import permits for beef. But who issues the permit? It's us. It's not like we must ask for permits from New York or Geneva. We issue it ourselves. Don't let red tape bog down the process, and don't start a blame game," the president said after meeting with his ministers.

Yudhoyono urged his cabinet to closely monitor price movements in markets. "Have you seen the situation in the markets?" Yudhoyono asked the three officials. "Mr. Agriculture Minister, Mr. Bulog chief, Mr. Trade Minister, you must have a sense of crisis, a sense of urgency and a sense of responsibility."

Abdullah said the recent subsidized fuel price rise, the seasonal increase in demand during Ramadan and slow production due to bad weather all contributed to prices escalating out of control.

The Ikappi chairman added that the government must quickly increase food import quotas, monitor food distribution and sanction hoarders. "With demands surging there could be hoarding by businesses and middlemen," he added.

Jakarta traffic makes fasting even more of a challenge

Jakarta Globe - July 14, 2013

Erwida Maulia – Tired faces and lackluster expressions: a sidewalk on Jalan Gatot Subroto, Central Jakarta, on Wednesday afternoon. It was the first day of the fasting month, and less than an hour before sunset, when Muslims are supposed to break their fast.

Yet the prospect seemed gloomy for those office workers in Jakarta trying to reach their homes by iftar – fast-breaking time – as many more Muslims sought to gather with their families than usual.

Traffic jams did not ease, although many offices reportedly reduce or otherwise adapt working hours during the fasting month. And public buses were packed as usual.

"Traffic can be more awful [in Ramadan] than in regular months because many people seek to break their fast at home; so it could be a total gridlock already at 4:30 p.m.," said Erdian Fahmarini, 46, a senior account manager with Dharma Muda Pratama, an oil industry equipment supplier.

Eridan commutes every day between her office in Kuningan, South Jakarta, and her house in Cipinang, East Jakarta.

"If I get a taxi [and get stuck in traffic], I sometimes break my fast with a candy or mineral water. If I don't get any taxi and it's already near sunset, I have no other choice but to break my fast at Pasar Festival," Erdian said on Thursday, referring to a shopping center near her office.

The same goes for Eny Wulandari, 29, a writer with the Indonesian Survey Circle (LSI), who travels every day between her office in East Jakarta and the room she rents in Palmerah, West Jakarta.

"Yesterday I dropped by at Lotte Mart in Ratu Plaza [a shopping mall in Central Jakarta] to break my fast and do the maghrib [evening] prayer," she said. "After that I continued my trip home," added Eny, who commonly travels for two hours or more to get home from office.

Sandy, 28, said that last year she had to drop by at one mall or another almost every day because it was practically impossible for her to reach her house in Tangerang, on the western outskirts of Jakarta, from her South Jakarta office by iftar time.

"It may take more than three hours for me to get home," said Sandy, as she preferred to be identified. "The heat and the traffic have become increasingly challenging."

Now she lives with a relative in South Jakarta, closer to her office, and hopes it will help her perform Ramadan rituals better, including the recommended evening prayers called tarawih and Koran recitation.

"If I still had to go back and forth from Jakarta to Tangerang every day, that's just..." Sandy did not end her sentence, shuddering instead.

Indeed, the omnipresent Jakarta malls often end up being the only sanctuary for many Muslims working in the capital. As a consequence, the fasting period for many lasts longer than 13.5 hours (from around 4:30 a.m. to 6 p.m.), especially if traffic is bad.

Others consider themselves lucky enough to be trapped in traffic near a mosque, with many mosques in Jakarta offering free iftar refreshments, so they leave the traffic for the mosque before resuming their trip home.

Alfian, 34, however, decided that staying longer at his Central Jakarta office was the best solution for him. There happen to be many places to eat around his office and there is a mosque behind his office tower where he can perform the tarawih prayers. Rather than wasting time in traffic, for Alfian it's better to stay put.

"The traffic is a challenge. I'd rather stay longer [in my office] before I go home," said Alfian, who works with a state agency. He added, though, that it made him stay up later at night, which created another problem.

"Now it's a challenge to wake up for predawn meals. I didn't have [breakfast] on the first [Ramadan] day because I failed to wake up." Predawn meals are highly recommended before beginning the daily fast.

As most practicing Muslims wouldn't, Erdian, Eny, Sandy and Alfian said they don't even think about breaking their fast before the iftar time, despite all the challenges they face living in a crowded city like Jakarta. "I may not perform the tarawih prayers every night, let alone with others in a mosque. But I don't miss the daily fast; that's my target," Sandy said.

Indonesians begin Ramadan, hard-liners target 'sinful' bars

Agence France Presse - July 10, 2013

Muslims across Indonesia began celebrating the holy month of Ramadan Wednesday, with hard-liners vowing to raid "sinful" bars and police steamrolling a mountain of alcohol and porn amid rising intolerance.

Islam's holiest month is used by hard-liners in Indonesia as an opportunity to attack nightclubs, bars and shops that openly sell alcohol, the consumption of which is against Islamic law.

There were fears the situation could be worse this year after a recent upsurge in attacks on religious minorities and non-mainstream Muslims.

Critics say hard-liners such as the notorious Islamic Defenders Front (FPI) have been emboldened by the government's failure to crack down on them and prevent such attacks.

In the days before Ramadan, there were already reports the FPI – who led protests that forced pop star Lady Gaga to cancel a concert in Jakarta last year – had started conducting such raids.

"We will take firm action against the circulation of alcohol, naked dancing and prostitution," Habib Idrus Algadri, head of an FPI group in Depok district outside Jakarta, was quoted as saying in a local newspaper. He was leading a group of FPI members who confiscated bottles of alcohol from a shop at the weekend.

Habib Salim Alatas, the head of the FPI's Jakarta branch, told AFP that 50 members would be sent out to monitor nightspots in the capital every evening.

"We will send out groups of two to three wearing civilian clothes to spy on sinful activities like the drinking of alcohol taking place around Jakarta during the Ramadan holy month," he said.

"We will not hesitate to conduct our own raids if we see that the police and authorities are failing to do a good job."

Authorities have also been making a show of cracking down on the illegal sale of alcohol, a popular move during Ramadan.

At the weekend police in Jakarta used a steamroller to crush thousands of bottles of homemade alcohol that was being sold in places without licenses and pornographic and pirated DVDS.

Jakarta's public order agency (Satpol PP) urged hard-liners to refrain from conducting their own raids. The agency promised to conduct sweeps of Jakarta, targeting the 1,799 establishments subject to Ramadan regulations. Nearly 900 bars, nightclubs, massage parlors, pachinko parlors and pool halls said they would remain closed for the entire month. The remaining establishments will only open from 8:30 p.m. to 1:30 a.m.

"I'm sure mass organizations, the public and entertainment businesses understand and respect this [policy]," Jakarta Satpol PP chief Kukuh Hadi Santoso said. "Members of the public or mass organizations can report violations to Satpol PP or Jakarta's Tourism and Culture Agency."

For the small number in Indonesia who drink, getting a beer during Ramadan can be a challenge as some bars only want to serve customers they know for fear of being targeted by hard-line spies.

Some stop serving alcohol, while others try to keep hard-liners away by putting blinds on their windows, serving drinks in mugs instead of glasses and asking customers to sneak in through side doors.

Tens of millions across the Muslim world fast from dawn to dusk and strive to be more pious and charitable during Ramadan.

Despite the rising influence of hard-liners, the majority of the 240 million people in Indonesia, the world's most populous Muslim-majority country, practice a moderate form of Islam. For most, Ramadan is a month of celebration that ends with the Idul Fitri holiday. (Agence France- Presse/Jakarta Globe)

Agriculture & food security

Better protection for farmers

Jakarta Post - July 10, 2013

Anggi M. Lubis, Jakarta – The House of Representatives on Tuesday passed a bill that will provide protection for farmers in the form of more subsidies, import restrictions on agricultural produce, and easier access to loans.

Agriculture Minister Suswono said the newly endorsed, protection and empowerment of farmers bill, will help local farmers and cattle breeders obtain land, and to receive financial, post-cultivating and marketing assistance. "We hope this bill can help protect farmers from the burden of uncertainty as a result of volatile prices," he said.

Among crucial provisions for subsidies, the bill will include an obligation for the government to provide agricultural insurance to cover losses caused by harvest failures due to natural disasters, pests and weeds, infectious crop disease outbreaks and climate change.

Suswono said a state-owned insurance company would be assigned to handle the matter and that the government was still discussing the details of the plan, adding most of the insurance premiums will be covered by the government.

A pilot project had been launched earlier this year in West Java, where farmers were charged only 20 percent or Rp 36,000 (US$3.61) out of the total Rp 180,000 premium cost per hectare, he explained.

In contrast, under the existing program, the government provides only social aid in the form of seeds and fertilizer to compensate for losses caused by harvest failures.

Under the bill, the government is also required to provide subsidies for farmers to purchase tools and seeds, as well as covering their loan interest.

Other essential provisions are stipulated in Articles 28-30 that regulate imports of agricultural produce.

Imported products will be allowed to enter the market through specific entry gateways that will be set by the government. The entry gateways need to be a certain distance from any areas that produce the imported commodities. The gateways should be equipped with quarantine facilities.

The articles also prohibit importers from bringing in agricultural produce when local supplies are sufficient.

As imported produce often overflow the domestic market during harvest periods, time and again local farmers have suffered from deflating prices attributed to heavy competition and excessive supply.

The newly endorsed bill also guarantees better financial access for the agriculture sector, which has long been considered "not bankable" due to its climate-dependant production, through a state-owned bank appointed by the government and an agricultural funding body.

The bank, along with the financing body, is expected to provide funds through simple requirements and procedures.

Bogor Institute of Agriculture (IPB) economic and agriculture expert Hermanto Siregar applauded the new law for encapsulating what farmers need to keep cultivating their land. "The government has to protect farmers to empower them and to make sure they can keep producing. This is indeed a significant move," Hermanto said.

Giving farmers insurance and subsidies, he said, will be much better than providing them with fertilizer and seeds.

Hermanto, however, alerted that the move to regulate imports through specific entry gateways and to prohibit imports when local supplies are deemed to be adequate might back fire against the government's will to shield its farmers from heavy competition.

"Beware of retaliation [from other countries]. If Indonesia wants its commodities to be accepted by other countries, it has to open its market access to competition," he said.

"If the government wants to protect the country from imported products, they have to resort to ways that are widely accepted by international organizations, like, imposing tariffs."

Indonesia received strong resistance from the US earlier this year over its horticulture import policy that regulates and prohibits imports of several horticultural products to protect farmers.

The US filed a consultation request with the World Trade Organization (WTO) for allegedly breaching the organization's anti-protectionism rules.

What lies ahead

Import of agriculture produce should be made via specific entry gateways, located far from agricultural centers, set by the government. There should also be quarantine facilities
Import of agriculture produce not allowed when supplies are sufficient
The government to provide insurance for farmers to protect them from harvest failures as a result of natural disasters; pests and weeds; outbreaks of animal disease; and climate change
Modern markets are required to prioritize sales of domestic produce
Two-hectare land grant for sharecroppers who have farmed for more than five years
Farmers to get agriculture financing with lenient requirements and simple procedures through state-owned banks appointed by the government
Financing through agricultural funding body formed/appointed by the government
Six-year imprisonment and Rp 6 billion (US$600,000) fine for anyone importing outside specific import gateways
Two-year imprisonment and Rp 2 billion fine for anyone that imports during sufficient supply
Five-year imprisonment and a Rp 1 billion fine for farmers that use the land they receive from grants for non-agricultural purposes

House passes new agriculture law

Jakarta Globe - July 10, 2013

Markus Junianto Sihaloho – The House of Representatives passed a key bill on Tuesday aimed at empowering the country's largely impoverished agrarian class, but the passage was overshadowed by the fact that nearly a third of legislators failed to show up for the plenary session.

The Law on Empowering and Protecting Farmers ushers in several changes meant to speed up agrarian reform, including a new provision entitling farmers to own up to two hectares of state land they have been working on for at least five consecutive years.

It also requires province- and region-owned banks to set up departments catering specifically to providing micro loans to farmers.

Other provisions in the law tighten restrictions on the import of produce, specify price guarantees for certain crops and increase the reach of the government's fertilizer subsidy program, all in a bid to ease the financial pressure on farmers.

In another key article, the government acknowledges the challenges farmers face as a result of the effects of climate change, and tries to anticipate those challenges by providing insurance against massive crop failures and livestock deaths or other loss of livelihood as a result of extreme weather.

Regional authorities are also required to take steps to mitigate those contingencies, including by improving irrigation systems and providing early warning systems for weather-related problems.

The law also promotes the sustainable use of farmland through more efficient farming methods and the recovery of degraded land. Of the estimated 7.7 million hectares of farmland in the country, some 4.7 million hectares are categorized as degraded.

Education for farmers also features heavily in the new law, with regional authorities required to train farmers about developments in farm technology, the availability of pest and drought-resistant crop cultivars, and the prices they can expect to get for their crops.

The law calls for an end to the "opaque and unfair market system" that currently sees the majority of Indonesia's farmers sell their produce to intermediaries for a fraction of the market cost, largely because of their ignorance of how much they could actually make.

Suswono, the agriculture minister, said he was optimistic the measures would help improve the welfare of the nation's farmers and agrarian communities and in the process boost the output of the country's flagging agricultural sector.

"It's important to empower farmers by implementing the range of new policies that are enshrined in this new law," he said.

In addition to financial empowerment, the law also aims to give Indonesia's estimated 41 million farmers – or 17 percent of the total population – greater political prominence by increasing government support for farmers' associations, cooperatives and other guilds.

The provision is seen by supporters of the law as helping the associations become more financially independent and thus less prone to influence or manipulation by vested political interests seeking to exploit the huge voter base represented by such groups.

While the new legislation has long been touted by its supporters, farmers' groups and agriculture experts as a landmark set of provisions, the House plenary session at which the bill was passed on Tuesday was poorly attended.

Only 373 of the 560 House members attended what was meant to be a compulsory hearing, although the figure still exceeded the minimum of 281 required to pass bills.

The Democratic Party, which has the most seats at the House, also had the most absentee legislators – 43 of its 148 members failed to show up. The Golkar Party was missing 32 of its 106 members, while the Indonesian Democratic Party of Struggle (PDI-P) was missing 32 of 94.

At the other end of the scale, only three of 17 legislators from the People's Conscience Party (Hanura) did not show up.

Critics contend that the poor turnout on Tuesday, at which the House also passed bills on illegal logging and aerospace management, is consistent with a wider pattern of attendance related to the content of the bills being discussed.

With legislation like the farmers' empowerment law, in which there is little scope for embezzlement through major construction or procurement projects, legislators are less likely to take an interest, observers say.

But they contend that with legislation that covers such projects, such as bill of amendments to the higher education law, passed last year, attendance tends to be high.

Land & agrarian conflicts

Farmers block Cikampek toll road over land dispute

Jakarta Post - July 12, 2013

Arya Dipa, Bandung – Traffic along the Cikampek toll road was disrupted for three hours on Thursday when some 300 farmers staged a rally at the 44 kilometer point, West Telukjambe district, Karawang regency, West Java.

"There was a traffic jam because the demonstrators blocked the toll road in both directions, going to and from Jakarta," West Java Police Traffic Police Directorate deputy chief Adj. Sr. Comr. Prahoro Tri Wahyono, said in Bandung.

The police tried to overcome the traffic jam by diverting motorists to the artery road. "Those driving from Jakarta were diverted at East and West Cikarang toll gates to enter the artery highway through Karawan and Tanjungpura before reentering the toll road at West Karawang and Klari," Prahoro said.

Similar arrangements were made for vehicles heading to Jakarta in the opposite direction. West Java Police chief Insp. Gen. Suhardi Alius said the toll road blockade, which ended at about noon, was caused by a dispute over land located far from the toll road.

"The disadvantaged party took the matter to the streets by blocking the toll road," Suhardi said, adding that it was not related to state-owned toll road operator PT Jasa Marga.

The police chief visited the blockade point and ordered his subordinates to unblock the road. "It is alright to voice your opinions but please do not break the law and create trouble for others," Suhardi said.

West Java Vice Governor Deddy Mizwar voiced his concern over the blockade. "Demonstrations are OK but they should not disrupt the lives of others. Don't rally inside [the toll road]," he was quoted as saying by Antara news agency.

Antara reported that the farmers were disappointed after they were unable to attain land certificates for the 350-hectare plot of land they have been managing for the past 22 years. The farmers wanted the certificates to be issued as they had routinely paid the land and building tax and already possessed the Letter C titles.

The farmers' lawyer, Yono Kurniawan, said initially that the dispute was between the farmers and PT Sumber Air Mas Pratama (SAMP). Despite the conflict, PT Agung Podomoro Land (APLN) bought the land claimed by PT SAMP.

APLN corporate secretary Justini Omas told The Jakarta Post that the farmers should take legal action because there was a Supreme Court decision that ruled the 342-hectare plot of land was legally owned by PT SAMP.

APLN bought 55 percent of PT SAMP through one of APLN's subsidiaries in September 2012.

[Raras Cahyafitri contributed to this story from Jakarta.]

Parliament & legislation

Earth to House: Aerospace law passes amid confusion, criticism

Jakarta Globe - July 10, 2013

Markus Junianto Sihaloho – It took two trips to Brazil and the United States, at a total cost to the taxpayer of Rp 2.89 billion ($289,000), for legislators to figure out that satellites are an important part of communications infrastructure.

That was the essence of the rationale from the House of Representatives on Tuesday following the passage of a bill on aerospace management.

Sutan Bhatoegana, the Democratic Party legislator who drafted the bill and led the overseas study trips last December, said it was essential for Indonesia to update its existing legislation on aerospace management, which he defined as "having to do with satellites, which are important for communications."

Sutan, who chairs House Commission VII, overseeing energy and technology, said the state should have more control over the management of satellites, citing the case of tax collection as one area where satellite technology was useful.

"Satellites are sources of information. You can tell how many taxpayers there are through satellites. You don't have to pay for that information. You just click, the result comes out, and you take it. That's the benefit," he said.

He did not elaborate on what needed clicking or how exactly satellites were supposed to keep track of taxpayers.

In his speech at Tuesday's plenary session at the House, Sutan added that Indonesia needed this legislation because "space is a big space out there, and the prosperity of the Indonesian people under the mandate of the Constitution." Again, he did not elaborate.

The less esoteric aspects of the new law include adapting aerospace technology for civilian and defense applications, regulating liability for property damage or deaths or injury as a result of meteorite strikes or falling satellite debris, and boosting international cooperation in aerospace technology.

Sutan claimed the law drew from findings made by legislators during trips to Brazil and the United States to study aerospace legislation there. However, those visits were widely criticized by budget watchdogs and the National Aeronautics and Space Agency (Lapan) for their cost and effectiveness.

The Indonesian Forum for Budget Transparency (Fitra) said that the series of trips, made during the House's end-of-year recess last December, cost taxpayers Rp 2.89 billion, nearly half of which was for the business-class round-trip tickets to Brazil alone.

For its part, Lapan said it had recommended the legislators go to India and Ukraine instead, arguing that the lessons from the development of the space programs there would be more applicable for Indonesia than any findings to be gleaned from the Brazil and US programs.

"We wanted India and Ukraine. Brazil and America was the legislators' idea," Ahmad Bekti, Lapan's head of international aerospace policy, said as quoted by Tempo.co shortly after the legislators departed for their trip.

Tuesday's House session closed with Deputy Speaker Pramono Anung banging his gavel to signal the passage of the new law. He added: "And congratulations to Sutan, who is also from outer space."

Social security & welfare

Thousands of well-off families receive cash aid

Jakarta Post - July 14, 2013

Slamet Susanto, Bantul – The temporary direct cash assistance (BLSM) for poor people in Bantul regency, Yogyakarta, may have been inappropriately distributed as more than 25,000, 30 percent of a total 88,611 beneficiaries, come from well-off families.

"The BLSM is not educative and moreover it is also open to abuse. More than 25,000 BLSM recipients come from well-off families," said Sulistyo Admojo, head of the Paguyuban Dukuh (Pandu), or hamlets' association, in Bantul regency, on Sunday. He said the figure was based on reports submitted by hamlets in the regency.

Sulistyo said such a situation was in contrast to the fact that more than 10,000 poor people were not registered as beneficiaries. "As a result, many heads of hamlets have become the target of people's anger," he said.

The four-month cash aid is being distributed by the government to compensate for the recent increase in subsidized-fuel prices. Under the program, a total of 15.5 million targeted households are eligible to receive Rp 150,000 (US$15) per month.

Head of Sidomulyo village in Bambanglipuro, Eddy Mutjito, admitted that 25 percent of the cash assistance distributed in his village was wrongly targeted. "Many retired police and military personnel and well-off families have received the BLSM," he said.

Eddy said 1,872 households from 15 hamlets in his area were registered as BLSM beneficiaries. However, around 20-30 percent of the total recipients came from well-off families, he claimed.

Sulistyo said the government needed to review the cash assistance programs, including the BLSM. The beneficiary data should also be more rigorously scrutinized.

"Since the very beginning, we have opposed the BLSM. It's not educative and has potential to trigger disputes," he said. (ebf)

Lawmaker deplores chaotic BLSM distribution

Jakarta Post - July 10, 2013

Jakarta – Democratic Party of Struggle (PDI-P) lawmaker Budiman Sudjatmiko on Wednesday expressed concern over remarks uttered by Home Minister Gamawan Fauzi in which he blamed the village apparatus for the chaotic distribution of cash assistance (BLSM).

Budiman said that the government did not involve the state apparatus in the data collection process on the number of the people eligible for the assistance, adding that the data collection process was handled solely by the National Statistics Agency (BPS).

He emphasized that the chaotic distribution stemmed from inaccurate BPS data, which was based on the 2011 Social Safety Net Program Data Collection.

"If the village apparatus was involved from the beginning, they would have provided accurate data on their residents," Budiman said as quoted by kontan.co.id. He reiterated that Gamawan's remarks could create tension between village apparatus' and their residents.

Budiman said that Gamawan should not repeat the government's past mistake of blaming the village apparatus when problems arise in the implementation of new policies.

On Monday Gamawan said that the village apparatus should be blamed, not state-owned postal firm PT Pos Indonesia, for problems in the distribution of BLSM. (hrl)

Armed forces & defense

Sleman witnesses do not corroborate Ucok's story

Jakarta Post - July 13, 2013

Bambang Muryanto and Slamet Susanto, Bantul – Seven of the eight witnesses in the trial of the Army's Special Forces (Kopassus) members accused of killing four detainees at a penitentiary in Sleman denied seeing one of the defendants being assaulted.

"When the cell door was opened, I heard the sound of an object falling near the door but the defendant had not yet entered," witness Trimo Pujianto told the hearing held at the main courtroom of the II-11 Yogyakarta Military Court on Friday.

Presided by military judge Lt. Col. Djoko Sasmito, the trial session presented defendants Second Sgt. Ucok Tigor Simbolon, Second Sgt. Sugeng Sumaryanto and First Corporal Kodik.

All men were members of Kopassus Group 2 Kandang Menjangan in Kartosuro, Central Java, and face charges of premeditated murder for allegedly killings four detainees, namely Hendrik Angel Sahetapi (Deki), Yohanes Juan Manbait (Juan) and Gameliel Yermianto Rohi Riwu (Dedi).

In his previous testimony, defendant Ucok said that right after entering the A5 cell, an object which was later identified as a crutch, was flown toward him. He avoided it that the object only hit his shoulder. Feeling threatened and being close to the attacker, Ucok said, he shot at the attacker as self defense.

The same testimony about the crutch has also been presented during previous sessions last week presenting nine witnesses who were also detainees at the penitentiary.

"I did not see any object fell. I just heard the sound of an object falling," another witness, Kusnan, said. "Possibly the falling objects are three pairs of crutches belonging to three detainees that were placed near the entrance door," presiding judge Djoko Sasmito said.

The witnesses also said they heard the defendant calling Deki's name as approaching the cell. Responding to the witnesses' testimonies, Ucok denied mentioning Deki's name as the armed mob entered the Blok A5 cell.

Separately, Ucok told reporters that he was horrified and anxious because of the case. "When I confessed during the morning assembly on March 30, I cried," he said at the detention room. Ucok said that as "crying will not change anything" he was ready to face up to what he had done.

He said his crime was influenced by emotions. "I met the late [chief Sgt. Heru] Santosa when we were assigned to Papua," Ucok said. "I saw thugs had killed him in cold blood [...] we belonged to the same class and are like brothers" he explained. Heru, a former Kopassus member, was allegedly killed by Deki and his associates at Hugo's Cafe in Yogyakarta.

Ucok said he initially went to Yogyakarta to look for Sriyono's attacker – namely Marcel – but failed to locate him. He was then informed that Heru's killers were being moved to a penitentiary in Sleman, so he and his friends went there to ask Deki where they could find Marcel.

When he entered the cell where Deki and his associates were, he alleges he was struck on his head with a crutch. "It was in self-defense and with instinct that I shot," he said.

Meanwhile, commander of Kopassus Group 2 Kandang Menjangan Lt. Col. Maruli Simanjuntak said he had put his position at stake to defend the 12 suspects and stop them being dismissed from the military.

"They are some of the best soldiers and they have never broken the law before," he said, adding that Deki and his associates – the four killed detainees – were repeat offenders and often committed crimes, including rape, murder and drug dealing.

Witnesses uncomfortable with small courtroom

Jakarta Post - July 12, 2013

Bambang Muryanto, Bantul, Yogyakarta – Witnesses in the case of the 12 members of the Army's Special Force (Kopassus) charged with killing four detainees at a Sleman prison were not at ease while testifying at the II- 11/Yogyakarta Military Court, a counselor says.

Speaking after accompanying the witnesses on Thursday, the witness psychological competence examination team leader, Yusti Probowati, said that the witnesses found the courtroom too small.

"They felt they were sat too close to the defendants," said Yusti, adding that it could lead to biased testimonies. The courtroom, positioned at the back of the military court building, measures 6 meters by 7 meters.

Three witnesses – Widiatmana, Agus Murjanta and Indrawan, all Cebongan Penitentiary employees – were called for the hearing of First Sgt. Tri Juwanto, First Sgt. Anjar Rahmanto, First Sgt. Mathius Roberto P Banani, First Sgt. Suprapto and First Sgt. Herman Siswoyo's.

Widiatmana told the court that he felt uncomfortable because the room was so small. In response, military prosecutor Lt. Col. Hasan asked for permission from presiding judge Lt. Col. Faridah Faisal to let the witnesses move their chairs away from where the defendants sat.

However, while Agus testified, Suprapto interrupted the witness because he said Agus was too close to the public. Faridah dismissed the objection.

Andi Suryo of the People's Coalition for Military Court Monitoring (KRPM) said the interruption could be seen as intimidation of a witnesses.

Teguh Soedarsono, of the Witness and Victim Protection Institute (LPSK), said the judge should have heard Yusti and the psychological competence examination team's comments because they had examined the witnesses.

He said that even in a bigger courtroom, civilian witnesses often feel uncomfortable because they were surrounded by military personnel and military defendants.

"They could not testify properly. The judge should have sent the defendants out before asking the witnesses to take the stand," Teguh said, adding that the judges had not taken the witnesses seriously.

Meanwhile, the hearing for Second Sgt. Ucok Tigor Simbolon, Second Sgt. Sugeng Sumaryanto and First Cpl. Kodik, called six witnesses – Tri Indrawan, Yusuf Sumarno, Tugiyono, Rudi Handoko, Agus Bintoro and Joni Indrawan – who were all prison detainees.

They said they saw one of the defendants enter the cell that held the four victims and shoot them, leaving them for dead. Presiding judge Faridah said the next hearing, on July 31, would hear the military prosecutors' sentence request.

Military denies intimidating the media

Jakarta Post - July 11, 2013

Suherdjoko, Semarang – The IV/Diponegoro Military Command (Kodam) chief spokesman denied on Wednesday an allegation that the military was intimidating journalists and activists monitoring the Cebongan trial.

Col. Ramses L. Tobing said there was no such intimidation from the Indonesian Military (TNI), especially from the legal team defending 12 operatives of the Army's Special Forces (Kopassus).

The soldiers are standing trial at the II-11 Yogyakarta Military Court for allegedly killing four men who were detained at the Cebongan prison in Sleman, Yogyakarta. "It would be suicidal for the TNI to intimidate journalists. There are no members of the defense legal team with the names Rio or Gilang," Ramses told reporters.

Reports of alleged intimidation surfaced on Friday. Two people who identified themselves as Rio and Gilang were looking for a journalist because they said the news published by Kompas and Tribun Jogja was inaccurate. Both Rio and Gilang reportedly used the same cell phone number.

Several NGOs grouped under the People's Coalition for Military Court Monitoring (KRPM) have claimed that there were text messages and phone calls to journalists summoning them in relation to their reports.

The KRPM managed to gather evidence that show some activists had received threats from unidentified people. The group said on Tuesday that it would send a letter to the TNI commander and the Army chief of staff.

"The TNI will not act recklessly like that [intimidating the media]. The Cebongan case is already complicated because so many people are saying things and putting it in the media," said Ramses. "Actually it is an ordinary murder case. On the use of firearms."

He claimed that there were certain individuals who wanted to take advantage of the situation and that his office would just stay low and not try to find those people.

Ramses said the TNI would guarantee transparency during the court martial. "All parties in the trial are state officials, and therefore no parties, individuals or groups are allowed to intervene or intimidate during the trial," he said.

He also implored all parties or groups not to steer and intervene in the course of the trial.

Commenting on the fact that the defense legal team chief has a rank of colonel, higher than the lieutenant colonel rank held by the military prosecutor and military judge, Ramses said there was no articles in the criminal court procedures preventing this from happening. "I guarantee that this will not affect the independence of both the military judge and prosecutor," he said.

Human rights activists and observers previously proposed the military judge and prosecutor to be temporarily promoted to colonel so that they would have equal rank with the legal defense team chief.

NGOs to report Cebongan trial intimidation

Jakarta Post - July 10, 2013

Bambang Muryanto – The People's Coalition for Military Court Monitoring (KRPM) is to report the intimidation of activists monitoring the Cebongan trial to the Indonesian Military (TNI), asking for an immediate response before things get worse.

Fifteen NGOs grouped under the KRPM managed to gather evidence that showed some activists had received threats from unidentified people. "We will send a letter to the TNI commander and the army chief," said Yogyakarta Legal Aid Institute director Samsudin Nurseha on Tuesday.

The letter will be signed by the 15 NGOs, including the Alliance of Independent Journalists' (AJI) Yogyakarta branch, the Yogyakarta Press Legal Aid Institute (LBH Pers), the Indonesian Islamic University's Center of Human Rights Studies (Pusham-UII) and the Institute for Development and Economic Analysis (IDEA).

It will also be sent to the Supreme Court (MA) and the Judicial Commission since the II-11 Yogyakarta Military Court, which currently handles this case, is under the MA's jurisdiction.

Lukas Ispandriarno, a talk show host at state-run radio station Pro 1 RRI Yogyakarta, is one of the intimidated activists. When he hosted the show on July 6, Lukas, who is also dean of Atmajaya University's social science and politics department, read the headline of a newspaper that revolved around the Army's Special Forces (Kopassus).

"Later, he received a text message, which said 'Don't try to corner Kopassus, Pak Lukas can be eliminated'," said Valentina Sri Wijiyati from IDEA Yogyakarta, who also handles the talkshow. Samsudin said this intimidation ran against the right to express ideas.

Sumiardi, an activist at Pusham-UII, also allegedly was intimidated by unidentified man who came to his home and asked his identity. Sumiardi was previously interviewed by a private TV station, said Pusham UII director Eko Riyadi.

Journalists covering the trial have also reportedly faced intimidation. According to LBH Pers Yogyakarta director Aloysius Budi Kurniawan, some of them have been summoned by a man who identified himself as a member the legal team for the 12 Kopassus soldiers currently on trial.

Aloysius said the man, who had identified himself as Gilang, told the deputy chief editor of Tribun Jogja, Setya Krisna Sumargo, that he had been invited to a meeting with the legal team at the Yogyakarta Military Police facility.

Gilang, however, refused to reveal the meeting's agenda as well as to move the meeting to a more neutral area. Gilang also refused to use his legal right to seek clarification if the team thought their views were not properly expressed by Tribun Jogja.

"According to the Press Law, any party who objects to media reports should contact the media outlet to clarify the facts," said Aloysius.

Separately, the head of the defendants' team of lawyers, Col. Rokhmat, confirmed there was no member of staff named Gilang in his legal team.

The 12 Kopassus members – allegedly involved in the murder of four detainees in a prison in Cebongan, Yogyakarta – are standing trial. Nine are charged with premeditated murder and three with failing to inform their superiors of the other nine men's intentions.

NGO reports intimidation of journalists in Cebongan trial

Jakarta Post - July 9, 2013

Jakarta – The People's Coalition for Military Court Monitoring (KRPM) reported the intimidation of journalists covering the Cebongan trial to the press council, asking for an immediate response before things get worse.

A member of the coalition, the Alliance of Independent Journalists' (AJI) Yogyakarta branch, managed to gather evidence that showed some reporters had been summoned by a man who identified himself as a staffer of the legal team for the 12 Army's Special Forces (Kopassus) soldiers currently on trial.

Among the evidence, AJI Yogyakarta recorded that on Monday, a man who had identified himself as Gilang, told the deputy chief editor of Tribun Jogja, Setya Krisna Sumargo, that he had been invited to a meeting with the legal team at the Yogyakarta Military Police facility.

Gilang, however, refused to reveal the meeting's agenda and to move the meeting place to a more neutral area. Gilang also refused to use his legal right to seek clarification if the team thought their views were not properly expressed by Tribun Jogja.

"According to the Press Law, any party who objects to media reports should contact the media outlet to clarify the facts. They should not summon the reporters," a press release by the KRPM made available to The Jakarta Post said on Tuesday. (fan/dic)

Criminal justice & prison system

Government caves in to prisoners' demand

Jakarta Post - July 14, 2013

Ina Parlina and Apriadi Gunawan, Jakarta – The government said on Saturday it would evaluate a 2012 government regulation on remissions believed to have triggered a prison riot in Medan, North Sumatra.

Law and Human Rights Minister Amir Syamsuddin said he had met with inmates at Tanjung Gusta Penitentiary after the Thursday riot that left five people dead, including two prison guards, and led to more than 200 inmates escaping.

During the meeting, he said prisoners complained about the regulation, which imposed stricter remission requirements on drug, graft and terror convicts. "We will review the regulation," the minister said, adding the prison's protest may represent inmates' discontent over the new policy.

Later on Saturday, President Susilo Bambang Yudhoyono ordered his aides to issue supporting regulations on the implementation of the new remission policy to avoid confusion.

It is alleged that about 1,700 drug convicts or about 65 percent of the total number of inmates housed in the penitentiary were upset they would no longer get sentence remissions and decided to incite a riot. The regulation, however, only applies to drug dealers, not all drug convicts, the government said.

The regulation, which was aimed to serve as a deterrent to terror, graft and drug convicts, has long been a subject of controversy. Critics claim that it violates the rights of inmates and also contradicts higher laws.

Noted lawyer and former law and human rights minister Yusril Ihza Mahendra, representing several high-profile graft suspects, has challenged the regulation through the Supreme Court, arguing it contradicts the 1995 Penitentiary Law and the 1999 Human Rights Law.

Despite Amir's claim, a thorough investigation by the police, however, will be launched to determine both the motive behind Thursday's riot in the maximum security penitentiary – whether it was due to blackouts and water stoppages only, or also to the new remission policy – and whether it was planned or spontaneous.

Djoko said that as of Saturday morning, the police had recaptured 94 inmates, including five convicted terrorists, and were still hunting down the remaining 118 escaped inmates. A total of 212 inmates, not 240 as earlier claimed, including nine terrorists, escaped from the prison while a fire raged following the riot.

Djoko said Amir has ordered prison guards in other prisons to anticipate similar occurrences, as the incident highlights a nationwide overcapacity problem. There are currently 160,000 prisoners across the country, making a national average of 150 percent overcapacity, with one guard for 50 every prisoners against the ideal 1:5 ratio, Amir's deputy, Denny Indrayana, said recently. "The President has also instructed extra money should be allocated if the Rp 1 trillion [US$100 million] earmarked for the establishment of new penitentiaries since 2010 is not enough," Djoko stated after a limited Cabinet meeting on Saturday at the air base led by Yudhoyono immediately after he landed from a work visit to Mataram, West Nusa Tenggara.

The President slammed his ministers for being late in issuing an official statement, saying the lack of a statement may "give an impression of omission or that steps have not been taken".

Yudhoyono told the ministers he learned about the incident from foreign television channels and social media like Twitter and Facebook.

Separately, Tanjung Gusta warden Muji Raharjo admitted that identities of the escaped inmates had been lost in the prison fire, adding that his office would request copies from the law ministry as soon as possible.

Medan Police chief Sr. Comr. Nico Afinta said the police would use documents collected from the courts and prosecutor's offices to identify and hunt down inmates still on the loose, including four terrorists. One of the four terror convicts is Fadli Sadama, who was involved in the 2010 CIMB Niaga Bank robbery in Medan that left one police officer dead.

The investigation by Medan Police had also found the point of origin of fire, which indicated arson. "There is evidence that the fire was set deliberately," Nico said.

Police & law enforcement

Officer gets slap on wrist in BNN scandal

Jakarta Post - July 12, 2013

Yuliasri Perdani, Jakarta – The National Police have handed down a lenient punishment to Comr. Albert Dedi, a detective from the police's special economic crime division, who was accused of aiding a drug dealer.

The corps sanctioned Albert only for stealing documents from the National Narcotics Agency (BNN) headquarters in Jakarta last week.

National Police spokesman Insp. Gen. Ronny F. Sompie said CCTV footage from the BNN showed that Albert broke into the administrative office of BNN's operations deputy, Insp. Gen. Benny Mamoto, on the evening of July 4 and stole some documents.

"Our joint investigation with the BNN found that he entered the office. This proves that he gave us a false statement," he told a press conference in Jakarta.

Albert earlier claimed that he did not take any documents. Instead, he claimed he had taken some personal documents to Benny in order to claim his salary for his tenure with the BNN.

Ronny said that Albert had served as BNN investigator since 2009, before being transferred to the police's crime division earlier this year. The BNN dismissed Albert for lending the agency's badge to Andre Syamsul Malik – a drug dealer – to protect the latter's illicit business.

The force's Internal Affairs Division (Propam) is conducting further investigations to determine disciplinary sanctions against Albert. Ronny said that the force was still trying to recover the stolen documents.

"The BNN is still sorting through its documents to discover what was actually stolen. For sure, the stolen files are not investigation reports [...] If needed, we will search the officer's home to get the documents," he said.

Indonesian Police Watch (IPW) chairman Neta S. Pane urged the police to file criminal charges against Albert. "The police's crime division must handle this case seriously and immediately bring it to court," Neta said.

Ronny said Albert may indeed face criminal charges. "We will liaise with BNN's operations deputy to decide whether to charge the officer with document theft under the Criminal Code [KUHP]," he added.

Speculation is rife that the theft of the documents was only a cover for a larger plot against the BNN. Many suspect that the stolen documents were related to the police's investigation into abuses of power by Benny, who will soon be retiring from the agency.

A businesswoman identified as Helena, the owner of currency exchange firm PT Sky Money Changer (SMC), filed a report accusing Benny of wrongfully blocking her company's bank accounts over the suspicion that they were used to pool illicit funds.

Albert was part of a BNN team investigating a drug case in which Helena was implicated and reportedly got close to Helena during that time. Ronny said that the police would not follow up on Helena's report until the BNN completed its investigation into the bank accounts.

Others suspect that the document theft may be part of a power struggle between BNN chairman Comr. Gen. Anang Iskandar and the police's crime division chief, Comr. Gen. Sutarman, who are both vying to become the successor of National Police chief Gen. Timur Pradopo, who will retire in August.

President Susilo Bambang Yudhoyono is set to appoint the new police chief in August.

BNN cracks down on cops, soldiers

Jakarta Post - July 9, 2013

Yuliasri Perdani, Jakarta – The National Narcotics Agency (BNN) stepped up its drive against drug trafficking and rounded up police personnel and Indonesian Military (TNI) soldiers suspected to have backed drug syndicates.

The agency's campaign has drawn the ire of the National Police because of the possibility that some top cops could be involved in drug trafficking.

In what could be seen as a move to undermine the BNN, a middle-ranking officer from the National Police's Crime Division, identified as Comr. AD, allegedly stole files on the syndicate case from the BNN headquarters in Jakarta last Thursday.

The National Police was quick to defend AD's move, claiming that he only took documents related to his salary. "He took the documents on his own initiative, he did not received orders from his superior. The documents will be used to claim his salary from his tenure at the BNN," National Police spokesperson Sr. Comr. Hilman Thayib told a press conference in Jakarta.

AD served at the National Police narcotics division for eight months before being fired at the end of 2011. The BNN accused him of lending the agency's badge to Andre Syamsul Malik, a drug suspect, to ensure the smooth running of his business.

Since February this year, AD has served as a detective with the economic crime division. Hilman denied the document theft was related to the force's investigation into the alleged power abuse by BNN operations deputy Insp. Gen. Benny Mamoto.

A businesswoman identified as Helena, owner of a currency exchange firm PT SMC, filed a report accusing Benny of wrongfully blocking her company's bank accounts over the suspicion they were used to pool funds from illicit businesses.

"We have accepted her report, but we have not taken any measures because the BNN is still investigating [Helena's] money laundering case," Hilman said.

News reports said that AD got close to Helena during his tenure at the narcotics agency and he was part of a team investigating a drug case Helena was implicated in. The document theft case is now being handled by the force's economic crime division.

"We ordered him to go home after questioning him. We have coordinated with the Internal Affairs Division. I hope this case is handled objectively, not based on assumptions," the economic crime division head Brig. Gen. Arief Sulistyanto said.

BNN spokesman Sr. Comr. Sumirat Dwiyanto declined to comment on the police's claims.

Meanwhile, the antidrug agency is continuing its investigation into a drug ring that implicated two low-ranking officers of the Indonesian Air Force in Pekanbaru, Riau. Sumirat said the officers, identified as Major Sgt. BW and Second Sgt. RY, were arrested on July 2 for possession of 301 ecstasy pills.

The BNN also detained five individuals who allegedly belonged to the same drug network. In total, the BNN confiscated 430 ecstasy pills, 97 nimetazepam pills (also known as Happy Five pills) and 514.5 grams of crystal methamphetamine.

The agency's preliminary investigation found that BW had huge assets, including a luxury house, a restaurant, an oil palm plantation and a Kawasaki motorcycle dealership.

Sumirat said that the BNN, in close coordination with the Indonesian Air Force (TNI-AU), could freeze the assets of BW and RY. "In this case, aside from the drug charges, the BNN will handle the money laundering accusations," he said.

Foreign affairs & trade

Import restrictions eased as prices soar

Jakarta Post - July 11, 2013

Linda Yulisman, Jakarta – The government will flood the market with imported basic-food commodities to help push down prices and ease inflationary pressure during the consumption-heavy Ramadhan and Idul Fitri holidays.

Coordinating Economic Minister Hatta Rajasa said on Wednesday that the government would boost imports to ensure food prices were reasonable during the annual consumption frenzy.

"This condition is seasonal, therefore, extra supplies are necessary to meet demand," Hatta said after a meeting to address the recent food price increases, which were higher than previous years.

Hatta said he had ordered state logistics agency Bulog to accelerate shipments of frozen meat, particularly by air, and source additional livestock.

Bulog arranged the immediate delivery of 2,000 tons of frozen beef from Australia and New Zealand to ensure quick distribution, especially in Greater Jakarta. The agency will import a total of 3,000 tons of frozen beef during the festive season.

"Our target is to lower beef prices to less than Rp 75,000 (US$7.50) per kilogram from the current Rp 100,000," the agency's chief Sutarto Alimoeso said.

The Trade Ministry will also aim to accelerate the slaughtering of livestock. At present, there are 190,000 head of livestock available at domestic abattoirs.

Shortages in beef has pushed up the price of alternatives, such as chicken. The average price of poultry soared on average by 70 percent this week, according to the Agriculture Ministry.

The government will also increase the import allocation of particular food commodities, such as chili and shallots, as domestic supply suffered due to harvest delays.

Food prices have been key contributor to inflation. A lack of shallots, garlic and chili – the main seasoning ingredients in local food – put severe pressure on inflation in March.

While Ramadhan consumption has yet to peak, the price of chili doubled this week to Rp 41,609 per kilogram (kg), while shallots climbed up 29 percent to Rp 41,704 per kg, according to ministry reports.

Deputy Trade Minister Bayu Krisnamurthi said that as of July, the ministry had issued more permits to import shallots and chili, with an allocation of 16,781 tons and 9,715 tons respectively.

"During the harvest season, we will ensure shipments are stopped. Imports only address shortages," he said.

Analysts have predicted that in the upcoming months, inflation may reach its height, mostly due to food prices that commonly spiral ahead of the Idul Fitri festivities.

Consumer price index rose by 1.03 percent in June, bringing year-on-year inflation to its highest level in three months of 5.9 percent, due to the fuel price increase introduced by the government.

BI has indicated that it foresees inflation going as high as 7.9 percent this year.

Rising inflation will undermine purchasing power, especially for those on fixed salaries.

As Indonesia's economic growth is mostly driven by domestic consumption, sluggish purchasing power, plus the projected drop in investment and weakening exports, will curtail economic growth.

Growth already dropped to 6.02 percent in the first quarter from 6.11 percent in the same period last year.

In a situation such as this, many people could lose their jobs, especially those who work in high-cost industries that have to cut operating costs to survive a more competitive market.

Unusual food price behavior has also been recorded in other major cities. (asw)

[Arya Dipa from Bandung contributed to this story.]

Economy & investment

Indonesia bites off more than it can chew

Jakarta Post - July 13, 2013

Satria Sambijantoro and Rendi A. Witular, Jakarta – The central bank suggested on Friday that the economy "must grow below 6 percent" to avoid risks stemming from soaring inflation, the weakening of the rupiah and continuous deficits in balance of payments.

Given the deteriorating external imbalances, coupled with uncertainty in the global economy Bank Indonesia (BI) believes monetary tightening measures are required to ensure economic growth remains on a sustainable track.

"It's better for the economy to grow below 6 percent, but with manageable inflation and improvements in the current account," said BI executive director for monetary policy, Dody Budi Waluyo.

"BI's decision to raise its key interest rate by 50 basis points to 6.5 percent [on Thursday] is aimed at ensuring the economy is heading in the right direction," he said.

In June, BI became the only central bank in Asia to raise the key interest rate this year. The move was in response to huge inflationary pressure stemming from the fuel price increase, as well as to contain capital outflows that put pressure on the rupiah.

The 25 basis points increase in the BI rate in June was followed by an even more aggressive tightening of 50 basis points this month.

"Other countries are also seeing weakening exports and high current account deficits, but they don't have to deal with [inflationary pressure from] fuel price increases. This is why we have make stronger policy decisions compared to other economies in the region," Dody explained.

The government set a growth target of 6.3 percent for the economy this year, but BI says it will be between 5.8 to 6.2 percent.

Ideally, Indonesia "must grow below 6 percent" to prevent the deteriorated external imbalances from escalating, Dody said.

Concerns have emanated over Indonesia's weak external position, with the country posting a staggering US$6.6 billion deficit in its balance of payments (BOP) in the first quarter this year. The deficit was mainly attributed to the weak performance of its current account, one of BOP's main components, with the rest being capital account.

In the first quarter this year, current account deficit stood at $5.27 billion, or 2.4 percent of gross domestic product (GDP), meaning imports of goods and services far exceeded exports.

Posting economic growth above 5 percent is still "quite okay", especially given the recent slowdown in the global economy, BI spokesperson Difi Johansyah said.

"With lower economic growth, credit expansion will slow, eventually leading to a healthier balance of payments," Difi said. "This is because Indonesia current account deficit has been known to widen if it posts credit growth of more than 25 percent, which puts the rupiah at risk."

Economists and banking stakeholders have long urged BI to perform monetary tightening, warning the central bank about inflation threats from the excessively strong purchasing power.

Bank Central Asia (BCA) president director Jahja Setiaatmadja said that the rate increase meant that BI was responding to previous calls from the market, for a change in the rate policy.

"The aggressive rate policy today is aimed at coping with the reality of market as the rate should have been raised in April," said Jahja, adding that former BI governor Darmin Nasution was "too populist" because he occasionally failed to adjust to current market behavior. Darmin was replaced by former finance minister and banker Agus Martowardojo in May.

Jahja warned that the high interest rate regime was likely to stay until next year as the purchasing power of the public remained strong amid the unusually high prices of food commodities.

"There are indications that demand from the middle- to lower-income segment is still strong. Traders will not raise their prices if they know consumers can no longer afford it," said Jahja.

"With the strong demand, it will be difficult to see inflation below 4 percent next year. It will probably hover between 6 and 7 percent, meaning interest rates will remain high to cope with the pressure," said Jahja.

Government raises a glass to investors eyeing booze business

Jakarta Post - July 12, 2013

Linda Yulisman, Jakarta – The government is planning to allow alcoholic beverage producers to expand their output in a move to meet increasing domestic and overseas demand.

The plan comes just days after the Supreme Court annulled a presidential decree that barred local administrations from prohibiting the sales of alcoholic beverages.

With the abolition of the decree, local administrations are now free to ban the sale and distribution of the beverages in their areas. More than 22 regencies and municipalities have issued such bylaws on alcohol control.

The ruling will also pave the way for hardliners to raid bars, restaurants and nightclubs across the country.

Benny Wachjudi, the Industry Ministry's director general for Agriculture and Chemical Industries, said on Thursday that the government would revise the negative investment list (DNI) and allow existing manufacturers to upgrade their production capacity.

At present, the alcohol – liquor, wine and malt-content liquid – industry is barred from investment. By deleting this industry from the list, the government will allow foreign investors to set up business in the country through joint ventures with local firms, particularly existing players.

"There are enormous opportunities in this industry, but the existing rules do not allow business players to expand or attract new investment," Benny told reporters at his office.

The government would still maintain a few restrictions, such as the requirements that new plants must export their products and special permits from local administrations, Benny said.

This policy is still under deliberation at the Coordinating Economic Ministry for a possible roll out in the next few months.

Indonesia, the world's most populous Muslim country, has curbed the production of alcoholic drinks since 1997 through a presidential decree that limited the production of liquor. In 2010, the government doubled excise tariffs on domestic and imported alcoholic drinks.

While consumption of drinks containing alcohol content of up to 20 percent was set at 2.45 million hectoliters (hl) in 2010, it climbed by 3.82 percent in 2011 to 2.55 million hl. The figure rose by another 3.22 percent to 2.63 million hl last year.

In 2010, production reached 2.49 million hl and rose again by 4.68 percent to 2.61 million hl in 2011. The output increased by 4.23 percent to 2.72 million hl last year.

Alcoholic drink exports totaled 9.07 million liters last year, up by 39.38 percent from 2011, while imports in the same period amounted to 1.89 million liters, down 117.53 percent.

However, as the market has enormous room for growth, global players are eying the abundant business opportunities, especially as more and more foreign tourists flock here. Diageo, the producer of Johnnie Walker and Jack Daniel's, reportedly sought to set up a manufacturing facility in Indonesia.

Publicly-listed beer producer PT Multi Bintang Indonesia (MLBI), which produces the popular Bintang and Heineken beer brands collected Rp 548.71 billion (US$59 million) in net sales in the first quarter of this year, up by 33.76 percent from a year earlier, while its net profit jumped by 64 percent to Rp 192.18 billion over the same period.

Cosmas Batubara, president commissioner of MLBI, maintained a bright outlook as the firm faced rising demand from foreign visitors, particularly from Australia, Japan and Korea.

"We want to add more capacity and we are ready to do that. We really want to meet domestic demand, particularly in tourist regions, as well as robust overseas demand," he told reporters after meeting Industry Minister MS Hidayat at the ministry's office.

At present, MLBI runs two breweries in Tangerang, Banten and in Sampang Agung, Mojokerto, East Java, with a total capacity of 1.6 million hl.

Blame game begins in Tanjung Priok port gridlock

Jakarta Post - July 9, 2013

Jakarta – Issues surrounding Tanjung Priok Port's dwelling time are heating up, with logistics and forwarding firms accusing state-owned port operator Pelindo II of taking benefits from the port's inefficiencies.

On the other hand, the port operator is blaming the Customs and Excise Office for the "lengthy" dwelling time.

The Indonesian Logistics and Forwarder Association (ILFA) says Pelindo II, which operates the country's main port, gains more revenues if containers stay longer there.

"A higher dwelling time will automatically benefit Pelindo II because it applies progressive tariffs to overstaying containers. It will contribute to the operator's net profit, without any investment needed," ILFA president Iskandar Zulkarnaen said in a press conference on Monday.

According to Pelindo II corporate secretary Yan Budi Santoso, the operator applies a progressive tax of up to 500 percent of normal storage fees to overstayed containers.

According to Iskandar, there were at least 3,864 containers overstaying at the port as of Monday, causing his members to suffer losses of 400 percent of their potential income.

Dwelling time begins from the time a carrier moors at a port to the time its cargo is unloaded and the cargo leaves the port, or vice versa.

The dwelling time at the port in North Jakarta, which handles around 70 percent of all goods entering the country, now spans, for example, six-and-a-half days last year to eight days this year, in line with Indonesia's economy that has annually expanded to more than 6 percent since 2010. "In practice, it is nine days, or even a dozen sometimes," Iskandar said.

According to the association's data, Indonesia ranked bottom for longest dwelling time with an average of 8.7 days, compared to Thailand with 5 days and Singapore with 1.2 days.

Iskandar also blamed Pelindo II for its mismanagement during pre- and post-clearance, which were under the operator's auspices.

Pelindo II corporate secretary Yan Budi Santoso said inefficiency at the port had taken its toll on everybody.

"It's not a policy that we want to do as it will incur losses on all of us," he said. "I don't want to blame long dwelling times on any particular party, but the reality is that it takes time to handle customs documents."

Finance Minister Chatib Basri earlier instructed his deputy Mahendra Siregar to set up an office at the port in an attempt to streamline bureaucracy there just days before the start of the fasting month of Ramadhan.

To reduce dwelling time, the customs office will open until 11:00 p.m. (asw)

Slower growth leaves banks lending less

Jakarta Globe - July 9, 2013

Gita Rossiana – The growth rate in lending by Indonesian banks fell in June as consumers delayed purchasing high-price items like cars or motorcycles amid fears of rising inflation.

Bank Indonesia said total outstanding loans at the country's 120 commercial banks grew 20.4 percent to Rp 2,953 trillion ($297 billion) at the end of last month compared to a year earlier, slower than 22.2 percent year-on- year growth in March and 21.9 percent in April.

Central bank Deputy Governor Halim Alamsyah said the slack growth mirrored a sluggish national economic performance so far this year.

The central bank says the largest economy in Southeast Asia likely expanded by around 5.9 percent in the second quarter this year, down from 6.02 percent a quarter earlier.

Halim noted that growth in consumer loans, such as credit cards and mortgages, slowed amid fears of rising inflation and higher interest rates.

"Growth in consumer credit was around 18 percent, while investment credit and working capital continues to grow at over 20 percent," Halim said last week.

Bank Indonesia raised its benchmark interest rate by a quarter of a percentage point last month to 6 percent, after it had been held at a record low 5.75 percent since February 2012 to contain rising inflation.

The central bank's June move prompted banks and financing companies to increase interest rates on car loans, which fund at least 70 percent of car purchases in Indonesia.

According to monthly figures, car sales in June reached 103,530 units, growing at 1.7 percent compared to 2012 but down from the 4 percent year-on-year growth in May.

Halim remained optimistic credit growth could reach 22 percent to 24 percent this year, as the economy recovers in the second half, supported by improving exports and rising domestic consumption boosted by election- related spending.

"Investors remain convinced the Indonesian economy cannot drop further," Halim said. In particular, preparations for the elections, which ramp up in the third quarter of 2013, will boost economic growth by around 0.1 to 0.2 percentage points, Halim said.

But some bankers and analysts are less optimistic. Parwati Surjaudaja, president director of Bank OCBC NISP, said expectations of slower economic growth has made lenders revise their lending targets. This year Bank OCBC NISP's loan growth will be less than 30 percent, he said.

Last week the World Bank revised Indonesia's economic growth forecast this year from to 5.9 percent from its 6.2 percent previous estimate. That was lower than Bank Indonesia's median estimate of 6.15 percent and the government's target of 6.3 percent.

"Economic growth will have an impact on inflation, investment and also the growth of banks' performances, both loans growth and bad loans," said Ahmad Erani Yustika, executive director Institute for Development of Economics and Finance.

With the World Bank economic growth expectation revised to 5.9 percent, loan growth is estimated at around 19 percent this year while non- performing loans will rise to 3 percent of total outstanding loans, from 2.3 percent currently, Erani said.

Tony Prasetyantono, an economist from Gadjah Mada University, said declining growth Indonesia's large trading partners such as China and India would impact company exports, and in turn the loans that exporters took from banks.

Analysis & opinion

After Geneva: 'Makar', tolerance and reporting rape

Jakarta Post - July 14, 2013

Ati Nurbaiti, Jakarta – This week the UN scrutinized Indonesia for the first time regarding its reports on civil and political rights, eight years after we ratified the international covenant on the issue.

Well before the ratification of the International Covenant on Civil and Political Rights, our constitutional amendments progressed dramatically with clear state guarantees on non-derogable rights including the freedom of expression, of association and assembly.

In Geneva in Switzerland, the UN Human Rights Committee heard both the government's report and that of NGOs. Both reports lauded Indonesia's progress since the end of the New Order in 1998, mainly regarding legal reform, although the NGO report was naturally more critical.

At the end of July, the committee will list its recommendations, and we can expect lots of work to do. Especially as the committee seemed unsatisfied with the answers of the government delegation on all our unresolved rights violations, from the murder of activist Munir to the harassment of the gay community.

For now let us look at how we deal with specific human-rights issues. Three cases come to mind – the Bloody Biak (Biak Berdarah) tragedy of July 6, 1998, when at least eight Papuans were shot dead following the hoisting of the Morning Star flag, a symbol of resistance, in the coastal town of Biak Numfor. Over a 100 were reportedly detained and dozens remain missing from this incident, the 15th anniversary of which was recently commemorated.

Second, Wednesday's statement by Religious Affairs Minister Suryadharma Ali, that Indonesia is a tolerant country.

And third, the alleged rape of a journalist, whose claims the police suspect are untrue.

Biak Berdarah is one of many such unsolved crimes – so many that not even survivors' testimonies of being tortured, raped and subjected to appalling sexual abuse, have been enough to lead to further investigations or accountability. A "Citizens' Tribunal" at the University of Sydney on July 6 may have been the last resort for survivors seeking to gain some recognition.

Yet participants in the mock tribunal (biak-tribunal.org) expect the usual backlash – that the event will be dismissed as just another effort by a few Papuans seeking global attention for their cause for independence, with the help of nosy Australians. It was the Papuans' own fault for violating the law on subversion or makar, many Indonesians may say.

A similar mindset explains the indifference to the many other violent incidents in Papua, whether there is a flag ceremony or not. Rights to freedom of expression, of opinion and freedom of association and assembly sound alien here when it comes to condemning makar. Of course the racial difference of Papuans to most Indonesians worsens the stigma.

Subversion – for which the penalty is death – is sacriledgedge to the national sense of harmony; that we are all one happy nation after the sacrifices in gaining independence. Papuan claims that the UN-supervised 1969 referendum was rigged, are considered mere propaganda by activists.

That civil and political rights include the right to express the wish for freedom and separation from the state, is unthinkable to many steeped in one black-and-white version of history. So our security forces have a virtually free hand in Papua, as they did in former East Timor and Aceh.

Other Indonesians assume they are hunting suspected traitors to the united Republic. Few questions are asked, similar to the 1960s witch-hunt of communists.

The second recent landmark in our human rights' record is the statement by Suryadharma that we are a "tolerant" nation. He said that between 1977 and 2004 Indonesia saw an increase in mosques of 64 percent, while Christian churches increased by 131 percent, Catholic churches 152 percent, Hindu temples 475 percent and Buddhist temples 368 percent.

Thus, he asked, why is everyone ranting about a few Ahmadis and Shiites driven out of their homes? It was the Muslim majority whose beliefs were being disturbed by their deviating principles, he said.

Yet the discrimination and violence against minorities – with perpetrators only getting a slap on the wrist – contradicts the minister's description of Indonesia as "a country that respects its pluralistic society".

Everyone is free to worship yet Jakarta allows local bans on minority faiths, based on the 1965 Blasphemy Law.

Of course the problem is not really legal misunderstandings, but the battle by conservative Islam seeking legal and formal recognition at the national and local level. Anyone needing their votes displays empathy to their aspiration to make their version of Islam the dominant religious code.

The third case further highlights the work we still have to do – the coverage of the reporter who allegedly lied to police that she was raped last month, in order to cover up an affair. The media has largely swallowed the police line of the woman cheating on her "tearful" husband.

She only sustained light bruises, the police said, possibly from a beating and forceful groping by her lover. Such alarming coverage shows the media has not progressed much in its understanding of the right to safety and freedom from violence.

The coverage is overpowered by the public morality code – that a woman can only be a victim if she is a "good" woman, and it serves her right if she isn't. This powerful morality code discourages women from reporting violence inflicted by boyfriends and husbands. Not to mention female victims in hotbeds of "treason".

The deeply ingrained beliefs of makar, "deviant beliefs" and a morality code defined by a male-dominant, conservative culture, are not unchangeable – if we can overhaul the attitude that it is acceptable to dismiss or tread on fellow citizens, torture or kill them, when they "defy" the dominant codes of nationalism, religion and morality.

[The author is a staff writer at The Jakarta Post.]

UN review highlights Indonesia's human rights challenges

Jakarta Post - July 10, 2013

Josef Benedict, Geneva – This week, the eyes of the international human rights community – and in particular those of the diplomats working at the United Nations headquarters in Geneva, Switzerland – will be turned to Indonesia.

The country's human rights record is coming under scrutiny at the UN Human Rights Committee, which will examine Indonesia's compliance with the International Covenant on Civil and Political Rights (ICCPR).

This might sound like a pointless exercise in red tape, but don't let the alphabet soup fool you – the ICCPR is a crucial treaty binding states to respect international standards of key civil and political rights.

A party since 2006, this year will mark the first time Indonesia will have been reviewed by the Committee.

For us at Amnesty International, it offers a crucial opportunity for the Indonesian government to demonstrate its commitment to the protection and promotion of human rights.

We have seen human rights progress in Indonesia over the past years, but there are many challenges remaining.

Indeed, many of the issues we raised in our submission to the Committee this year have been highlighted by Amnesty International to the Indonesian authorities time and time again.

In particular, we are concerned about persistent human rights violations by the security forces, restrictions on freedom of expression, and a failure to address crimes of the past.

While both the Indonesian police and military have undertaken some positive reforms over the past decade, Amnesty International continues to receive steady and credible reports of violations by the security forces. These include torture, excessive use of force, and even unlawful killings.

A recent example, that also made international headlines, happened in March when 15 Kopassus (Army's Special Forces) members forced their way into a prison outside Yogyakarta and shot dead four detainees who had been accused of killing another Kopassus member in a bar brawl.

After many denials, the military finally admitted that soldiers had been involved in the incident, but still claim that it only amounted to "insubordination" and not a human rights violation – indicative of the culture of impunity still surrounding the security forces.

Since the end of the Soeharto rule in 1998, Indonesia has taken significant steps forward on basic civil liberties, lifting many of the draconian restrictions on freedom of expression and assembly.

However, there are still lingering and strong concerns – in particular in regions like Papua and Maluku, where authorities continue to use legislation to lock up peaceful pro-independence political activists, some for as long as 15 years.

Moreover the recent passage of the law on mass organization will restrict freedom of expression and association as well as stifle the work of human rights defenders.

All in all, Amnesty International is aware of over 70 people imprisoned for peacefully exercising their rights to freedom of expression – they are all prisoners of conscience, and must be released immediately.

We have also seen increasing levels of discrimination, harassment and attacks against minority religious groups in Indonesia, including Ahmadiyah, Shia and Christian communities.

Just a few weeks ago at least 160 Shia followers, including children, were forcibly evicted from their temporary shelter at a sports complex in Sampang, East Java and taken to a refugee facility in Sidoarjo.

They long to return to their homes and livelihood but have been denied to do so by the local authorities since the attacks against them by anti-Shia mobs in August 2012. They are effectively being punished for being the victim of mob violence.

Furthermore, the Indonesian government has failed to deliver justice, truth and reparation for past violations, particularly those committed by its forces or agents during past armed conflicts in Timor Leste and Aceh.

This year Amnesty International released a report on the failure to face the past in Aceh, and the immense suffering this is still causing for ordinary people there. Families do not know what has happened to "disappeared" loved ones, while many struggle to get by without adequate reparation.

This is not a unique situation, but one seen across Indonesia where unaddressed past abuses remain open wounds. Addressing this issue would not only do much for many Indonesians today, but also help defuse tensions that could re-erupt in future conflict.

A very first step must be to implement a national law on a truth commission in line with international standards – this is something that has been debated for years but has yet to become reality.

The upcoming review in Geneva is a timely reminder for all that human rights concerns persist in Indonesia.

With Indonesia emerging as a regional leader, addressing human rights issues seriously would have enormous impact not just for its own people but also in other ASEAN countries – many of whom struggle with the same issues.

The Indonesia authorities should use this review as springboard to undertake key reforms over the next year and leave a strong human rights legacy for the new administration that is taking office after the elections in 2014.

[The writer is Amnesty International's Indonesia campaigner.]

Book & film reviews

Indonesian death squads and 'The Act of Killing'

New York Times - July 12, 2013

Larry Rohter – Early in "The Act of Killing", Joshua Oppenheimer's startling new documentary about mass murder and impunity in Indonesia, a death squad leader named Anwar Congo, dapper in white pants and a lime- green shirt, demonstrates how he strangled hundreds of people with wire. It was quicker and less messy than beating them to death, he explains matter- of-factly, then breaks into a dance routine, performing the cha cha cha for the camera.

"The Act of Killing," which opens on Friday, is crammed with unsettlingly bizarre moments like that, blending the horrific and the absurd in a disturbing cocktail. Time after time, the killers joke and brag about their deeds, which earns them applause on an Indonesian TV talk show, praise from officials in the government in power today and condemnation from the human rights groups that want to see them brought to justice.

But Mr. Oppenheimer's film, which counts Werner Herzog and Errol Morris as its executive producers and was made by a largely Indonesian crew, is also stirring controversy because of its unorthodox form. Re-enactments are always a source of disagreement in the documentary world, but Mr. Oppenheimer has taken that longstanding debate to a new level by encouraging the perpetrators of human rights abuses to restage their crimes, on film and for a global audience.

"I think it's our obligation as filmmakers, as people investigating the world, to create the reality that is most insightful to the issues at hand," Mr. Oppenheimer, 38, said in a recent interview. "Here are human beings, like us, boasting about atrocities that should be unimaginable. And the question is: Why are they doing this? For whom are they doing this? What does it mean to them? How do they want to be seen? How do they see themselves? And this method was a way of answering those questions."

The events initially addressed in "The Act of Killing" are little known in the West: the slaughter of as many as a million people in Indonesia following the military's seizure of power there in 1965. The victims were labeled Communists but included labor leaders, ethnic Chinese and intellectuals, with paramilitary groups carrying out the killings at the behest of the Indonesian Army and with the support of the United States and its allies, who worried that Indonesia, like Vietnam, would fall into Communist hands. In Indonesia, the killings were "a kind of open secret, kept discreetly hidden so that if you wanted to, you could pretend it wasn't happening," said John Roosa, a scholar of Indonesian history at the University of British Columbia and the author of "Pretext for Mass Murder," the leading book about the 1965 massacres. "So this film has become a provocation, an impetus for Indonesians to go back to the perpetrators and say, Tell us exactly what happened."

Organized killings occurred all across Indonesia, the world's fourth most- populous country, but Mr. Oppenheimer focuses on Medan, a large city in northern Sumatra. There a group of so-called "movie gangsters," fans of John Wayne and Marlon Brando, as well as of mafia and American B-movies, did much of the killing, inspired in part by the films they loved.

Mr. Congo, the focus of the documentary, tells of seeing an Elvis Presley movie, then skipping across the street, "still in the mood of the film," to the roof of the building where he would garrote his victims. "It was like we were killing happily," he tells Mr. Oppenheimer.

Born in Texas, educated at Harvard and now based in Europe, Mr. Oppenheimer is a constant presence in "The Act of Killing," always outside the frame but asking questions of the killers in their native tongue, which he picked up working on films like "The Globalisation Tapes," and being addressed by them. He said the decision to stage the re-enactments emerged as a logical extension of his initial interviews with some 40 death squad members. They had a natural theatricality, he said, which led him to offer to underwrite and film their re-enactments of their deeds. The killers did not get a salary but were paid what Mr. Oppenheimer called a "modest per diem" (approved by the University of Westminster and the British Arts and Humanities Research Council, which financed the re-enactments).

"Within minutes of meeting me, they would tell me horrible stories, often boastfully, and would say, 'How about if we go to the place where I killed people, and I will show you how I did it'," he recalled. "And then they would often lament afterwards, 'Oh I should have brought a machete along to use as a prop,' or 'I should have brought friends along who could play victims, it would have been more cool that way.'"

Given free rein, the death squad members molded their performances to fit their favorite film genres. One scene was staged as a western, with Mr. Congo and his comically portly sidekick, Herman Koto, wearing cowboy hats, while others were done as film noir or horror. (In a critic's notebook, A. O. Scott of The Times wrote that the film "destabilizes our sense of the boundary between make-believe violence and its real-world counterpart.")

There is even one exceedingly peculiar musical scene, with female dancers gyrating by a waterfall, as "Born Free" plays on the soundtrack and one of Mr. Congo's victims gratefully places a medal around his killer's neck, saying, "For executing me and sending me to heaven, I thank you a thousand times." When Mr. Oppenheimer showed that sequence to Mr. Herzog on his laptop over breakfast at a London hotel, Mr. Herzog immediately decided he wanted to become involved in the film.

"Joshua Oppenheimer is not the inventor of the casual and unbelievable surrealism that seeps into this film from all corners," he said. "It does not come from him, it is not imposed by him. You watch this, and you know that in a way, it's real. And yet you cannot believe that reality can take forms as crazy and weird as that."

Without the staged scenes, "you would end up with a self-righteous, mediocre film you would see on television, a regular issues film, and I say that with venom," Mr. Herzog continued. "These are precisely the scenes that would be cut" in a conventional documentary.

But those same scenes made the film a hard sell, even to producers and foundations accustomed to difficult material. "No one would fund the re- enactments because either it seemed morally suspect or they seemed impossible," Mr. Oppenheimer recalled. "One commissioning editor said, "I don't want my strand awash with atrocity. I'll never forget that."

The questioning has continued at showings of "The Act of Killing" on the international festival circuit. In Berlin, one audience member suggested that what Mr. Oppenheimer had done was "like having SS officers re-enact the Holocaust," to which he said he replied that "it isn't, because the Nazis are no longer in power," whereas the Indonesian death squad members still serve and enjoy the protection of the state.

More than a score of the film's Indonesian crew members, out of fear of retribution, asked to remain anonymous in the credits. Among them was the co-director, a 41-year-old from a literary family, who spoke by phone from his home in central Java of the personal challenge of the production, which took nearly a decade.

"The most difficult part was to keep your feelings to yourself," he said. "You feel annoyed, angry. How could these people tell these horrible stories so lightly and so proudly. You just want to challenge them right away. But you have to keep telling yourself to be patient, to let them tell the story the way they like. Because then we can learn something about the whole system of destruction."

Mr. Oppenheimer is working on a follow-up about the victims and their families, who have been harassed or threatened when they speak out.

Initially, Mr. Congo seems an utterly unsympathetic figure, vain and egotistic. Eventually, though, the re-enactments appear to lead Mr. Congo to some sort of remorse and moral awakening.

Or maybe the remorse isn't genuine. Perhaps it's just another performance for the camera. After all, Mr. Oppenheimer acknowledged, the title "The Act of Killing" carries a double meaning, referring both to the murders in 1965 and the later performances for the camera. Mr. Congo even reminds himself "my acting must be violent."

In view of all those issues, it seems pertinent to ask if "The Act of Killing" is a documentary at all. Mr. Morris, who has thought and written about the subject at considerable length, has no doubts.

"Of course it's a documentary," he said. "Documentary is not about form, a set of rules that are either followed or not, it's an investigation into the nature of the real world, into what people thought and why they thought what they thought."

But Mr. Oppenheimer offered a more nuanced view. He distinguishes between the observational style of the film's first half and what comes after it pivots to the re-enactments.

"I think it almost stops being a documentary altogether," he said. "It becomes a kind of hallucinatory aria, a kind of fever dream." At that point, he added, the film "transcends documentary" and becomes a strange hybrid creation.

But no matter what you call it, Mr. Morris said "The Act of Killing" was a work of art. Prefacing his remarks by saying, "I think I can speak independently of my role as executive producer, because I have no financial interest in this film," he continued: "The most you can ask from art, really good art, maybe great art, is that it makes you think, it makes you ask questions, makes you wonder about how we know things, how we experience history and know who we are. And there are so many amazing moments like that here."

Indonesia's killing fields revisited in Joshua

The Australian - July 12, 2013

Stephen Applebaum – This year's Berlin film festival hosted movies by well-known directors including Richard Linklater, Steven Soderbergh, Noah Baumbach, Michael Winterbottom and Ken Loach.

For most who saw it, though, none had more impact than The Act of Killing, Joshua Oppenheimer's disturbing and surreal documentary featuring a group of North Sumatran mass murderers and thugs.

Executive-produced by Werner Herzog and Errol Morris, it curls itself around your brain and guts, making you gasp in queasy, mind-shattering disbelief as you become immersed in the grisly details of Indonesia's blood-soaked 1960s and the personal torment of a man slowly unravelling as he struggles to come to terms with his brutal actions.

This wasn't the film's first festival outing. However, Berlin, where The Act of Killing won the audience award, arguably provided the most resonant setting because of the stark contrast between the ways Germany and Indonesia have responded to catastrophic events that have scarred their national psyches.

Walking around Berlin, it is impossible to escape the triple spectres of Hitler, Nazism and the Holocaust; they haunt the city in landmarks, museums and memorials that bear witness to Germany's descent into barbarism under National Socialism.

In Indonesia, conversely, it has been almost taboo to talk about the more than a million people murdered in anti-communist purges throughout Indonesia in 1965-66.

"That fact has long been a public secret, a sensitive issue that has been erased from history lessons in Indonesian schools," Farah Wardani commented in The Jakarta Globe recently, referring to the slaughter that formed the backdrop to military strongman Suharto's rise to power and a 30-year hold on the presidency.

Many of the dead – unionists, intellectuals, landless farmers, members of the country's ethnic Chinese community – lie buried in mass graves.

Meanwhile, their killers live as free men, hailed as heroes by political leaders. No one has been put on trial for crimes against humanity. No one lives in fear of losing their liberty for their part in mass killings.

The country is no longer a dictatorship – Suharto resigned in 1998 and died a decade later – but "much more has stayed the same than has changed", claims Oppenheimer when we meet in the Berlinale Palast during the festival. The Act of Killing, therefore, "emphasises continuity", he says, "because Indonesia is a country where the military is still overwhelmingly powerful; where the government and big Western corporations use thugs to enforce oppressive labour conditions or to seize people's land or to break strikes; and where there's still political censorship".

When the filmmaker tried to explore the truth about what happened in 1965 through the experiences of survivors in the plantation belt outside Medan, the capital of North Sumatra, he found: "They were too scared to say what had happened to them because the killers were living all around them." Police threatened the filmmakers with arrest, while plantation bosses and civic leaders regularly found ways to interrupt shooting. Eventually, the survivors asked Oppenheimer: "Why don't you film the killers?" Suddenly, "all the doors flew open".

Whereas his original subjects had feared reprisals, the men who'd helped bathe Indonesia in blood were eager to talk about their achievements.

"The first killer I filmed, I was astonished by the boasting," he says. "I thought, 'Here is a very important story about impunity, unless he's unique.' I said, 'Can you introduce me to other members of your death squad, and to other death squads?'" The surprising result was that Oppenheimer met every killer he could up the chain of command; in dozens of interviews, he talked to army generals in Jakarta and to retired CIA agents living outside Washington.

Anwar Congo, one of the most feared perpetrators – now a spritely, Hollywood-loving grandfather – became the main protagonist. At first he was boastful like all the other killers, but there was something different about him, Oppenheimer recalls. "I lingered on him because he was somehow honest and his pain was right at the surface."

In a chilling scene at the beginning of the film, Anwar does the cha-cha on a rooftop terrace where he dispatched many of his victims.

He explains that he began by beating them to death but, because of the blood and the smell, switched to using a wire garrotte instead. Even as Anwar dances, "his trauma is already present", suggests Oppenheimer. "He had been trying to forget by drinking and doing drugs, and therefore became a playboy by dancing and going to nightclubs."

Anwar introduced Oppenheimer to the newspaper boss who would order whom to kill, and to Adi Zulkadry, another member of his death squad.

(First seen in the film stepping off a plane wearing a T-shirt with the word "Apathetic" written across the chest, Adi claims he has never been troubled by sleeplessness, guilt or depression.) We also meet Herman Koto, a ponytailed hulk who comically tries to enter politics because of the opportunities for extortion, and leaders of Pancasila Youth, a paramilitary organisation heavily involved in the purge.

In a unique move, Oppenheimer invites the men to create fictional scenes, in the cinematic genres of their choice, to describe what they did. He films them putting the pieces together, and the increasingly disturbing and disorienting results. "Killing always involves some kind of distancing from what you are doing," he says. "Maybe that always means a kind of performance and acting, some kind of storytelling. Maybe it can just mean drinking first. But for Anwar, in part, it comes from the stories that he would imbibe in the cinema, the images and roles, the process of cinematic identification. The act of killing, for Anwar, was always some kind of act."

Anwar thought he could still distance himself from his trauma in this way. Instead, Oppenheimer says, "he found that acting for our re-enactments, he was reliving a kind of acting that he was going through at the time." Rather than abandon the process, Anwar embraced it; and midway through the shooting of the documentary, when the director suggested they go deeper into his nightmares, he "decided to explore through the filmmaking his own brokenness, his own trauma, his own pain". When Anwar casts himself as the victim in a noirish gangster movie scene and puts the wire noose around his own neck, he begins to understand what he has done. "That's not a conceptual idea that came from me," says Oppenheimer. "It's kind of an inevitable part of an emotional journey."

A horrifying re-creation of an attack on a communist village so blurs the line between reality and fiction that it feels like the filmmaker is losing his grip on the documentary. In fact, the raid and its upsetting aftermath look far worse than when they were filming, he says. Even so, there is a definite shift as "the fiction scenes take on a poetic truth, an emotional truth, that starts to take over the form of the film", he says, "so that it moves very much from being an observational documentary to being a kind of fever dream".

Oppenheimer admits there were times when he worried about collateral damage. When the ponytailed gangster Herman suggested Oppenheimer film how he makes a living, the director found himself following him and a Pancasila member as they extorted money from terrified Chinese shopkeepers. "I felt terrible because I knew that suddenly these Chinese shopkeepers, who are afraid of these men, now are confronted with the fact that, lo and behold, they're so powerful that they have their own foreign TV crew. So I would linger back, ostensibly to get a release form signed, but actually what I would do is try and explain what we were doing because I didn't want to add to their fear."

On another occasion, he realised when he was logging footage that he had filmed Anwar's neighbour tell a story about how his stepfather was murdered, and then go on, harrowingly, to play a torture victim as Anwar and Adi look on. (The neighbour has since died of diabetes.)

"When I put the film together I felt utterly exposed, I felt dirty, I felt tainted, I felt compromised," Oppenheimer admits. "But I felt at the same time that if it's my mistake that I allowed that to happen without my noticing, the fact that it happened – that he told this story and then they continued to work with him, having him play the victim – was more important."

It was an illustration of the men's sense of impunity that everyone needed to see. Because of Indonesia's censorship laws, however, The Act of Killing has not yet gone on general release there. Nevertheless, it has been seen, in a longer cut than the one shown in Berlin, at nearly 300 special screenings.

Disturbed by the film, the editor of the country's largest news magazine, Tempo, wondered if it was a repeatable experiment or whether the killers' openness was a response to something unique to Oppenheimer's methods.

"So they sent journalists all over the country to try and find killers who would talk about what they did in 1965. To their horror, they found that all over Indonesia the army had outsourced the killings to gangsters and criminals and rewarded them with power afterwards, and that these men were very happy to boast about the most grotesque, unthinkable things that they had done to other human beings."

They told stories similar to the one Anwar had recounted on the rooftop, they talked about burial pits, about slaughtering people in rivers, about killing people by firing squads, and about starving people in concentration camps. Tempo featured the testimonies and an extensive report on The Act of Killing in a double issue published in October.

"It broke a silence in the Indonesian media that has been in place ever since the killings," Oppenheimer says, "where no mainstream news or media outlet would even acknowledge that the killings took place."

It is now too risky for him to return to Indonesia. In an email exchange after the Berlinale, he tells me that he is still in contact with Anwar, with whom he's grown close, and that the killer watched the film for the first time in Jakarta in November. Afterwards, they'd talked by Skype.

"He started to cry," says Oppenheimer. "Tearfully, he told me: 'This is the film I expected. It's an honest film, a true film.' He said he was profoundly moved and will always remain loyal to it. I asked him how he felt during the screening, and he said, 'There is nothing left for me to do in life but die.' I tried to comfort him as best I could. 'You're only 70 years old, Anwar. You might live another 25 years. Whatever good you do in those years is not undermined by the awful things in your past.' It's a cliche, but it felt honest and it was all I could manage."

Now that The Act of Killing has opened a debate in Indonesia, Oppenheimer hopes it may lead to a nationwide investigation into the events of 1965. There are probably too many men (possibly as many as 10,000) like Anwar to put on trial ("I think you'd have a civil war if you tried") but the people really responsible – the army generals, majors, colonels and top paramilitary leaders – could be forced to testify in a commission.

Ultimately, he wants understanding. The Act of Killing doesn't seek to reassure us by painting the world in black-and-white moral certainties like much of the cinema beloved of Anwar. Rather, it forces us to see that the killers aren't so different from ourselves, which, perhaps, is the most troubling (and salutary) lesson of all.

"I think this film wants us to say: 'There's no good guys, there's no bad guys, there's just people.' That's its deepest message."