Margareth S. Aritonang and Sita W. Dewi, Jakarta – The Indonesian Democratic Party of Struggle (PDI-P) revealed on Thursday that Jakarta Governor Joko "Jokowi" Widodo was subject to eavesdropping, a development the party's leaders deemed was a threat to the party ahead of the presidential election.

PDI-P secretary-general Tjahjo Kumolo said snooping on Jokowi was part of a larger surveillance campaign targeting party figures, including chairperson Megawati Soekarnoputri.

Tjahjo alleged the eavesdropping was carried out by professionals with backgrounds in the intelligence community. "We recently found three bugging devices inside the bedroom, living room and dining room of Jokowi's official residence," Tjahjo said.

Tjahjo suspected the devices were aimed at covertly gleaning crucial information from Jokowi, which could then could be used to draw him away from the PDI-P.

The senior PDI-P politician said the development could place the PDI-P's electoral strategy at risk. "If we do nothing about it, this could be very dangerous" Tjahjo said.

Other than Jokowi, Tjahjo said other party members subjected to eavesdropping included Central Java Governor Ganjar Pranowo and Surabaya Mayor Tri Rismaharini, considered to be rising stars on the political stage.

Separately, Jokowi said he was aware of the spying operation. "I've known about this since December, but I didn't want to make a fuss out of it. I was surprised myself, but no hard feelings. My colleagues were apparently very angry," he said.

Jokowi said bugging devices were found in rooms where he regularly held meetings. "What was there to eavesdrop on anyway? At home I talk about meals, kids and trivial issues with my wife. What was so interesting from my meetings with chiefs of city agencies? I bet [those behind the plot] were frustrated because there was nothing interesting said."

Jokowi added he did not take the development seriously. "I don't want to think about this too much," he went on. When asked about who he thought was responsible for the plot, Jokowi said: "I have no idea. I don't want to think about it."

Public opinion polls indicate Jokowi will win the 2014 presidential election if he is nominated by the PDI-P. Different pollsters have placed his popularity above that of other potential presidential candidates, including Megawati, Gerindra Party chief patron Prabowo Subianto, Golkar Party chairman Aburizal Bakrie and Hanura Party chairman Wiranto.

Despite Jokowi's perceived popularity, the PDI-P has yet to decide whether to nominate Jokowi as its presidential candidate. Recent media reports have said the PDI-P's central board is divided between those wanting to nominate Jokowi and those proposing a Megawati-Jokowi ticket.

In a separate interview, former chief of the National Intelligence Agency (BIN), Abdullah Mahmud Hendropriyono, said it was unlikely the agency was behind spying on Jokowi. Hendropriyono suggested Joko-wi may have been bugged by his political rivals.

Given his perceived popularity, Hendropriyono said Jokowi was now the biggest rival of almost any presidential aspirant. "I can guarantee that the military didn't bug him," Hendropriyono said, adding it would be unethical for BIN or the military to spy on civilians.

Meanwhile, Deputy Defense Minister Sjafrie Sjamsuddin also said the country's intelligence community had nothing to do with spying on Jokowi. He said such operations could only be carried out for the state's defense purposes and not be abused for political ends.

Sjafrie called for a thorough investigation into the development. "It has nothing to do with the trend of spying between countries and this should be investigated by law enforcement agencies," he said.

Army chief of staff Gen. Budiman also called for a investigation. "These days, no electronic device is free from eavesdropping," he said. (gda)

Gorontalo's Soeharto bridge slammed

Jakarta Post - February 15, 2014

Gorontalo – The Boalemo administration has been slammed for naming two new bridges – in the capital of Boalemo regency Tilamuta in Gorontalo – after late president Soeharto and Tien Soeharto, his wife.

Boalemo Regent Rum Pagau said the administration wanted to remember Soeharto's services to the nation.

Columnist and social observer from the Gorontalo State University, Basri Amin, said the naming of bridges showed that the administration had arbitrarily used public funds without a public consolation. "There are many name choices that are clearer in terms of biography and history," said Basri.

According to him, Soeharto is highly inappropriate and his title, Father of Development, was not a good enough reason for his name to be dedicated as a symbol of regional development.

"Don't forget that the title was only given to Soeharto because he had carried out a lot of physical development, even in militaristic ways and depleted the country's natural resources," he pointed out.

Rum said that there was no particular intention behind the choice of name as he claimed he only wished to call on Boalemo residents to respect the services of heroes.

"Soeharto's name has been rejected as a hero or the name of roads in other regions, but this does not apply to residents in Boalemo regency," Rum pointed out, adding the regency administration had allocated Rp 15 billion to build the Soeharto bridge, while the Ibu Tien Soeharto Bridge cost Rp 5 billion.

He added that since being inaugurated on Feb. 1, the two bridges, which were completed in eight months, had been swarmed by people.

West Papua

More outcry over Papua cop's light punishment

Jakarta Globe - February 21, 2014

Jeis Montesori, Jakarta – Judicial Commission chairman Suparman Marzuki has promised to investigate a suspiciously lenient sentence handed by a Sorong court to a police officer charged with money laundering and smuggling offenses.

Adj. First Insp Labora Sitorus, allegedly known as a "cash machine" for higher-ranking police in West Papua province, is to be punished with just two years' prison and a small fine of Rp 50 million ($4,250) despite evidence that he laundered up to Rp 1.5 trillion in criminal proceeds. The charges brought by prosecutors, which included fuel smuggling and exporting a protected timber species, had seen him facing a possible 20 years.

"The two-year sentence handed down to Labora Sitorus by the Sorong District Court is an unbelievable verdict, there is something [suspicious] about it," Suparman told reporters in Jayapura on Wednesday.

Suparman attributed the very lenient sentence to several factors. "There are several patterns behind the unbelievable sentence. The first is weak preliminary and full investigations, secondly blurred or weak charges or indictment, and third the judges' verdict falling far short [of the prosecution's request]," Suparman said.

Suparman said he had been monitoring Labora's case since it first emerged. "We will probe this unbelievable verdict and we have set up a team and it will work to investigate this," he said.

Investigation stifled

Suparman said he had heard that investigators in Labora's case were at one time ordered to stop through an official "SP3" warrant. Asked whether the SP3 was recommended by a police general, Suparman nodded. "Yes, there's some information but what have the people at the Police Commission done?"

Suparman said the Judicial Commission investigation would root out the motivation behind the lenient verdict. "There was something behind the verdict, whether it was bribery or something else and that's what we're going to investigate," he said.

A judge in Jayapura who wished to remain anonymous, agreed that the two- year verdict was absurd. "The judges' verdict was like setting him free," he said.

Dian Adriawan, a criminal law expert at Jakarta's Trisakti University, also questioned on Monday the court's decision to acquit Labora of the most serious charge under the nation's 2010 Anti-Money-Laundering Law.

"If he had been convicted of Article 3 of the law on laundering criminal proceeds, then the court would also have had to convict him of the connected charge under Article 5," Dian said, referring to the provision, which makes it a criminal offence to receive laundered funds.

A money-laundering conviction for Labora would therefore have obliged the court to publicly name the recipients of the criminal proceeds, which allegedly include high-ranking police officers, Dian said.

Prosecutors had also indicted Labora under the 2002 Oil and Gas Law for fuel smuggling, but the court also acquitted him of that charge. Labora was instead found guilty only on one charge under the 1999 Forestry Law. Had the court found him guilty on all three charges, besides 20 years in prison he could have been fined up to Rp 10 billion.

Labora's sentence has also drawn criticism from overseas. UK-based conservation organization the Environmental Investigation Agency said on Thursday that it had documented Labora's forestry crimes back in 2009, and had since been waiting for justice to be delivered. His lenient treatment made a mockery of Indonesia's timber legality scheme, EIA said.

Police denials

National Police director of special economic crimes Arief Sulistyono claimed that the police had taken every step to investigate Labora's case. "In terms of investigation, we have made maximum efforts to pull up evidence," Arief said at the National Police headquarters on Wednesday.

He said it wasn't true that it was only the police investigating one of their own, but that they collaborated with other government institutions to build the case against Labora.

"The National Police didn't work alone, there was the PPATK [Financial Transaction Reports and Analysis Center] and the Attorney General's Office. We analyzed it together," Arief said.

Based on the joint investigation, those institutions concluded that Labora's wealth was ill-gotten, made through money laundering for illegal oil, gas and logging deals. "If the activities were illegal, then the proceeds are also illegal," he stated.

Arief said the crimes committed by Labora resulted in handsome profits with which he was able to avoid justice through various efforts. "If needed, [Labora] would bribe investigators. But we have commitments. That's the dynamics of law enforcement. If criminals collaborate, then why can't law enforcers also collaborate to capture them?" Arief said.

Cover-up?

Labora's case electrified the nation last year when the National Police confirmed findings by anti-money-laundering watchdog PPATK that Rp 1.5 trillion in suspicious funds had passed through the low-ranking officer's bank accounts between 2007 and 2012.

Police then seized a boat, registered in Labora's name, carrying 400,000 liters of subsidized fuel, which they alleged was smuggled into Papua to be sold at a markup.

Worst of all in many people's minds was confirmation that police were apparently involved in illegally destroying the country's irreplaceable old-growth forests. More than 100 containers of the rare tropical hardwood merbau found at Surabaya's port and destined for China were also traced back to the officer.

Merbau, a highly valued timber, has been placed on the International Union for Conservation of Nature's Red List of threatened species and is prohibited for export in its rough-sawn form.

At the time of Labora's arrest, expectations were high that the ensuing investigation would net higher-ranking officers who were widely believed to have taken kickbacks for allowing the illegal operations to run for years.

However, no other suspects from the police force were ever named, and the two-year sentence handed down on Monday only confirmed that local authorities were trying to shield senior officers, Dian said.

"I believe there's a cover-up," he said. "They've got the proof of the crime, so it's simply bizarre that they haven't traced where the proceeds went."

He added it was inconceivable that a lone, low-ranking officer like Labora would have been able to operate schemes of this scale for years without help from more senior police officers.

Indonesia Police Watch chair Neta S. Pane said IPW deplores the court's failure to name the 33 high-ranking police officers believed to have taken a cut of Labora's operations.

"It's a shame that the various testimonies and evidence presented at the trial were not considered by the panel of judges," Neta said. "From here it's pretty apparent that the police are covering up for their members who received money from Labora, and that they are being protected by the force and will never be prosecuted."

The Papua Public Prosecutor's Office said it would immediately file an appeal with the West Papua High Court. "A two-year sentence is far below the prosecutors' request of 15 years," said E.S. Maruli Hutagalung, head of the prosecutor's office. "Clearly it's not commensurate with our demand, so we're filing an appeal."

Colleagues and associates

Among the high-ranking police who are alleged to have received funds laundered by Labora is Papua Police chief Insp. Gen. Tito Karnavian. Tito is alleged to have received Rp 629 million in payments traced from Labora's bank accounts, according to a Tempo.co report which quoted Labora's evidence to the Corruption Eradication Commission (KPK).

"I can guarantee 100 percent that Insp. Gen. Tito Karnavian did not receive even one cent from Labora Sitorus," Papua Police spokesman Adj. Sr. Comr Sulistyo Pudjo Hartono told the Jakarta Globe recently.

Sulistyo said it was highly unlikely Tito would have received funds from Labora, as he did not assume his position as Papua Police chief until September 2012. The funds which are said to have flowed to several high- ranking officers in Papua were allegedly distributed between January and June that year. "This is just a rumor. Please don't exaggerate it, give us some evidence instead," Sulistyo said.

He refuted claims that Tito received money from Labora during a 2013 visit to the Raja Ampat area along with controversial businessman Tomy Winata and former Deputy National Police chief Comr. Gen. Nanan Sukarna. Labora was previously stationed at Raja Ampat. However, Sulistyo admitted that at least 17 Papua Police officers have been investigated for allegedly receiving funds from Labora.

For his part, Labora has claimed that he was the fall guy in a wider network involving a number of high-ranking police officers who were looking for loopholes to shut down or take over his business enterprises.

"I am the victim of a conspiracy set up by people who have business intentions in Sorong," he said. Labora said he regularly transferred money to several officers in police divisions in Papua and Jakarta.

Also among those suspected of receiving funds were two former Papua Police chiefs, Insp. Gen. Bekto Suprapto and Insp. Gen. Bigman Luman Tobing. "We are still looking into that matter, let's not accuse anyone without proof," Sulistyo said.

Aside from police officers, investigators also named two civilian suspects – the operational directors of timber firm Rotua and fuel company Seno Adi Wijaya, identified as I.N. and J.L. respectively.

Labora was arrested in May 2013 following the seizure of the 400,000 liters of fuel from the boat registered in his name. Around a million liters of fuel were eventually confiscated.

Later in May, police at Surabaya's Tanjung Perak port seized 115 containers with 2,264 cubic meters of merbau logs allegedly belonging to Labora. The illegal timber, which came from the West Papua district of Sorong, is estimated to be worth $20 million at current market prices.

Most of Indonesia's remaining merbau trees are in Papua, where large tracts of virgin forest remain unexploited, unlike the heavily deforested islands of Sumatra and Kalimantan.

But with loggers having exhausted the western forests, many are now turning their attention to Papua, with the result that the province has lost a quarter of its forests over the past 12 years.

Do not need soldiers, Paniai has sufficient teachers

Tabloid JUBI - February 21, 2014

Jayapura – Even though mostly regions in Papua have lack of teachers, the Head of Education and Teaching Department of Paniai regency, Drs. Amatus A Tatogo confirmed, schools in Paniai region do not need more additional teachers from other professions, despite having skills.

"Yes, we received information from the head of Education Quality of Dikpora Papua regarding to the soldiers volunteered to be a teacher. However, we had enough teachers in Paniai regency," Amatus said to majalahselangkah.com via cellular phone, on Tuesday (02/18).

Majalahselangkah.com reported, at least 296 soldiers of Military Command XVII of Cenderawasih have received teaching certificates from the Department of Education, Youth and Sports (Dikpora) of Papua Province. Certificates were given after a three-week training at the Faculty of Teacher Training and Education at Cenderwasih University in Jayapura and will allow them to teach at schools in remote areas.

A few years ago, there were teacher shortages and lack of facilities. Yet, we have been working to fix by making the policy to recruit and locate undergraduate students both teaching and non- teaching backgrounds and continuously to provide essential facilities in all levels, he added.

Hengky Kayame, Paniai regent also confirmed that Education and Teaching Department in Paniai prefers prioritizing teachers who have teaching education background than soldiers. (Abraham Abeth You/MS/Tina)

Papuan cultural parade blockaded then broken up by Jayapura Police

West Papua Media - February 20, 2014

From KNPB and West Papua Media sources in Jayapura – A cultural parade organised by university students in Jayapura was blockaded and then dispersed with force by Indonesian police on February 17, after Indonesian police refused to recognise West Papuan cultural expression.

The demonstration of culture, music, art and dance from across Papua's indigenous tribes, in which several hundred students in two groups marched wearing traditional Papuan dress, was to highlight the demand of "Save the Papuan Culture". The manifestation was organised by the Youth Coalition for the Rise of Students (Koalisi Pemuda mahasiswa bangkit or KPMB) and the Cenderawasih University's (Uncen) Student Executive Body (Badan Eksekutif Mahasiswa or BEM).

Speakers, songs and dances were performed from 8-10am local time in two locations, outside the Uncen Waena Housing Complex (Perumnas III) and in front of the post office in the town of Abepura, and at 10am, the Perumnas III mass began to march and dance their way to Abepura.

However Police blockaded the mass action once the crowd reached the Waena traffic lights. Despite having previously notified police of their intention to hold the parade, field coordinators of the action were forced to negotiate with the police, pointing to the KPMB's intention to hold a peaceful action that day in the form of Papuan cultural art.

However, in an outburst witnessed by a West Papua Media stringer, the Deputy Commander of the Jayapura District Police, the notorious hardliner Kiki Kurnia refused to let the gathering continue, warning the crowd that he would not tolerate "introducing some culture from an unknown place". "There is no such culture such as that in Indonesia," Kurnia asserted, dismissing over 45,000 years of Papuan language, culture and art.

Kurnia then prohibited the students from displaying any form of Papuan culture, and further stated that the crowd "was prohibited from carrying out any action of any form whatsoever as the Governor had prohibited all forms of actions,". according to independent sources and verified by WPM. Just after 10am local time, ordered several platoons of heavily armed police to blockade and disperse the cultural gathering. Several injuries were reported but unconfirmed.

After being forcefully dispersed, a much larger mass returned and gathered in front of UNCEN's main entrance, lighting a bonfire on the road in response. According to witnesses, this crowd was spread out as far as Perumnas III in Waena, a distance of several kilometres.

According to the cultural event organisers, the crowd outside UNCEN was angrily voicing their objections to the continued silencing of the democratic space throughout all of Papua by the Police, with speakers expressing outrage at the betrayal of the culture of Papua.

"That the police had been obstructing the mass action stating 'Where are you bringing this culture from? We don't have any culture like that in Indonesia' angered us all, as it is seen as a denial of the Papuan culture," an organiser told West Papua National Committee (KNPB) media workers.

Members of the gathering clearly spoke out that if the police continued to betray and deny Papuan culture in such a way, that Papuans would mount an even larger scale action asserting the Papuan culture, and that they would boycott the 2014 presidential election, according to reports from the KNPB. The action Coordinator Beny Wetipo then called upon the Papuan community and all parties to save the Papuan culture from being replaced by a foreign culture that was threatening the existence of the Papuan race.

Lenient Papua police officer sentence triggers outrage in Indonesia

Jakarta Globe - February 19, 2014

Condemnation has erupted at the decision by a court in West Papua province to hand down a two-year sentence to a police officer for illegal logging, despite strong evidence that he may have laundered up to Rp 1.5 trillion ($127 million) in funds obtained from smuggling fuel and exporting a protected timber species.

The short sentence handed to Labora Sitorus, a low-ranking member of the Papua Police who could have faced up to 20 years under the charges brought by prosecutors, was a clear indication that something was covered up during the trial, said Dian Adriawan, a criminal law expert at Jakarta's Trisakti University.

He questioned the decision by the court in the town of Sorong, West Papua, on Monday to acquit Labora of the most serious charge under the nation's 2010 Anti-Money-Laundering Law.

"If he had been convicted of Article 3 of the 2010 law [on laundering criminal proceeds], then the court would also have had to convict him of the connected charge under Article 5," Dian said.

A money laundering conviction which would have obliged the court to publicly name the recipients of the criminal proceeds, which allegedly include high-ranking police officers, he said.

Labora was instead found guilty on one count under the 1999 Forestry Law. Prosecutors had also indicted him under the 2002 Oil and Gas Law for alleged fuel smuggling, but he was acquitted of that charge.

Had the court found him guilty on all three charges, he could have been sentenced to up to 20 years in prison and fined up to Rp 10 billion.

Labora's case electrified the nation last year when the National Police confirmed findings by the Financial Transaction Reports and Analysis Center (PPATK), the government's anti-money-laundering watchdog, that up to Rp 1.5 trillion in suspicious funds had passed through the low-ranking officer's bank accounts between 2007 and 2012.

Police also seized a boat carrying 400,000 liters of subsidized fuel, allegedly smuggled into Papua to be sold at a markup, registered in Labora's name. More than 100 containers of the rare tropical hardwood merbau found at Surabaya's port and destined for China were also traced back to the officer. Merbau, a highly valued timber, is prohibited for export in its rough-sawn form.

At the time of Labora's arrest, expectations were high that the ensuing investigation would net the higher-ranking officers who were widely believed to have taken kickbacks for allowing the illegal operations to run for years.

However, no other suspects from the police force were named, and the two- year sentence handed down on Monday only confirmed that local authorities were trying to shield senior officers, Dian said.

"I believe there's a cover-up. They've got the proof of the crime, so it's very bizarre why they haven't traced where the proceeds went," he said. He added it was inconceivable that a lone officer like Labora would have been able to operate schemes of this scale for years without help from higher- ups.

Indonesia Police Watch deplored the court's failure to name the 33 high- ranking police officers believed to have taken a cut of Labora's operations.

"It's a shame that the various testimonies and evidence presented at the trial were not considered by the panel of judges," IPW chair Neta S. Pane said. "From here it's pretty apparent that the police are covering up for their members who received money from Labora, and that they are being protected by the force and will never be prosecuted."

The Papua Prosecutors Office said it would immediately file an appeal with the West Papua High Court. "A two-year sentence is far below the prosecutors' request of 15 years," said E.S. Maruli Hutagalung, head of the prosecutors office. "Clearly it's not commensurate with our demand, so we're filing an appeal."

Papua police officer charged with money laundering gets two-year sentence

Jakarta Globe - February 17, 2014

Jakarta – A court in Papua was unable to convict a low-ranking police officer of money laundering on Monday despite evidence of wire transfers totalling Rp 1.5 trillion ($129 million) from his bank accounts and the confiscation of 400,000 liters of fuel and tons of illegal lumber on a boat registered in his name.

Adj. First. Insp. Labora Sitorus was instead sentenced to two years in prison for illegal-logging activities.

"The defendant, L.S., has been proven convincingly guilty of a crime by buying forest products which were taken illegally," the judge said, reading out the verdict on Monday. "So, L.S. is sentenced to two years in prison and a fine of Rp 50 million [$4,000]."

Prosecutors had demanded a 15-year prison term for Labora on charges of fuel smuggling, money laundering and illegal logging. The prosecution was not, however, able to prove the money-laundering and fuel-smuggling charges.

Labora was arrested in Jakarta in May, 2013, after authorities found 400,000 liters of fuel on a boat registered in his name. A total of 1 million liters have been seized by officials since Labora was first arrested. Some 2,264 cubic meters of illegal merbau lumber were also seized from the boat, and it is for this offense that Labora has been convicted.

The head of the Papua Prosecutors Office E.S. Maruli Hutagalung said that he would file an appeal to the West Papua High Court. "A two-year sentence is far below the prosecutors' request of 15 years, clearly it's not commensurate with our demand, therefore we will file appeal," Maruli said.

Maruli was at a loss to explain how a poorly paid member of the local police force could have been sentenced to just two years, when his office had, he said, produced evidence indicating that Labora had built up an extraordinary level of personal wealth from ciminal activity.

"We indicted L.S. with cumulative charges of oil-and-gas [smuggling], illegal logging] and money laundering," Maruli said. "But only the illegal logging was proved. Money laundering was not proved despite the money being transferred to his bank account."

The National Police is frequently rated as the most, or one of the most, corrupt institutions in Indonesia in perceptions surveys. The recently inaugurated chief of the National Police, Comr. Gen. Sutarman, has said that sanitizing the image of the police is a priority during his tenure.

Military enlists 296 soldiers to be teachers

Tabloid JUBI - February 16, 2014

Sentani – As many as 296 soldiers based in Papua have received teaching certificates, allowing them to teach in remote areas.

"The soldiers will undergo training in teaching for more than a month in order to make them ready to teach," said Commander (Pangdam) of Millitary Area XVII of Cenderawasih, Maj. Gen. Christian Zebua in Sentani on Saturday (2/15).

Soldiers will also be enlisted to work the areas of health, agriculture, plantation, fishery and religion, he said. Certificates are given to hundreds of these soldiers after a three-week training at the Faculty of Teacher Training and Education at Cenderawasih University (FKIP Uncen).

The Head of Education Quality of Dikpora Papua province, Marhen Puisi said the soldiers will greatly help the learning process, especially in remote areas.

"Papua Province will be greatly helped by them. Hopefully with the help of the soldiers, Papua's Human Development Index can rise," he told reporters after handing teaching certificates to hundreds of soldiers in Sentani, on Saturday (2/15).

He said teacher shortages occur in nearly 29 regencies and cities in Papua. "Usually teachers remote areas fail to show up for work because of limited transportation and lack of support facilities such as teacher housing," he said. (Jubi/Aprila/Tina)

Komnas HAM releases findings of Papua Freeport mine cave-in

Radio New Zealand International - February 15, 2014

Indonesia's National Commission on Human Rights, Komnas HAM, has released its findings regarding serious human rights violations in the Freeport big Gossan tunnel cave-in that claimed the lives of 28 workers in Papua.

Komnas HAM commissioner Natalius Pigai says the gravity of this case is serious. He told kompas.com that the mining multi-national, Freeport, had the ability to prevent this from happening but didn't, and the lack of effort jeopardized the lives of others.

Mr Pigai has suggested the government follow up the commission's report by thoroughly investigating the incident to uncover any indications of negligence.

The Big Gossan training facility at Freeport's Grasberg mine collapsed on May the 14 last year, trapping 38 workers inside a tunnel during a safety course which left 28 people dead and another 10 others injured.

Aceh

Political violence in Aceh

Jakarta Post - February 18, 2014

Yuliasri Perdani, Jakarta – The recent shooting of a National Democrat (NasDem) Party campaign post in Aceh was politically motivated, party members said.

Early Sunday, two masked men wielding a rifle shot at a campaign post installed by Zubir HT, a NasDem legislative candidate, in North Aceh regency. After firing at least eight bullets, the perpetrators assaulted two of Zubir's supporters, identified as Saiful Junaidi and Adnan Syahril.

In a press conference Monday, party chairman Patrice Rio Capella suggested that the attack was aimed at intimidating NasDem members and supporters in Aceh.

"It is clear that NasDem in Aceh as a party is gaining ground. Also, [NasDem chairman] Surya Paloh is from Aceh. There is a strong connection between the party and the area," he said at the party's headquarters in Central Jakarta, as quoted by Antara news agency on Monday.

Surya declined to speculate about the motive and called for a peaceful election in the once restive province. "Nasdem emphasizes the importance of maintaining harmony with other political parties," said Surya, who is a well known media mogul.

Three local parties – Aceh Party (PA), the Aceh National Party (PNA) and the Aceh Peace Party (PDA) – will compete for legislative seats at the provincial council in the April 9 election. PA and PNA, two parties founded by former Free Aceh Movement (GAM) members, have engaged in violence in the run-up to the legislative election.

In the last six months, there have been at least three incidents involving PA and PNA members. In January PA supporters stormed and assaulted Ramli, a PNA supporter, after defacing PA flags. Also in January, a PNA member, Jufrizal, was abducted and beaten for flying PNA flags around his neighborhood in Lhokseumawe.

With rampant arms trafficking remaining a problem, the National Police listed Aceh as one of the most conflict-prone areas during the general election, along with Papua.

Separately, National Police spokesman Sr. Comr. Agus Rianto said on Monday that the Aceh Police were examining bullet casings retrieved from the crime scene.

"We found seven bullet cases. We do not know what type of rifle was used yet. So far, five witnesses have been questioned; two of them victims of assault," he said at National Police headquarters in South Jakarta.

Human rights & justice

Director calls for US to acknowledge its role in 1965 killings

Jakarta Post - February 16, 2014

Prodita Sabarini, Contributor, Washington, DC – Oscar-nominated documentary filmmaker Joshua Oppenheimer on Tuesday called on the US to acknowledge its role in Indonesia's communist purge after screening The Act of Killing, his film on 1965 death-squad leaders, for US Congress members and staff.

"Fifty years is a long time to not call a genocide a genocide," he said. "If we want to have a constructive and an ethical relationship with Indonesia moving forward, we have to acknowledge the crimes of the past and we have to acknowledge our collective role in supporting those crimes, in participating in those crimes and ultimately in ignoring those crimes," he said.

The Army, with the help of civilian death squads, killed 500,000 to 1 million people between 1965 and 1966 after the assassination of six army generals in an alleged communist coup attempt.

The US government, which at the time was waging a war against Vietnamese communists, was reportedly pleased with the crushing of communism in Indonesia, and saw it as a success in their containment policy. Declassified CIA documents and investigative reports by journalist Kathy Kadane have showed that the US supported the communist purge by providing a list to the Army of around 5,000 people to be killed. The US then supported the Soeharto regime, responsible for orchestrating the massacres, as the new regime took over the country.

Despite the enormity of the crime, the International Criminal Court could not try the perpetrators of the 1965 genocide as it happened before the signing of the Rome Statute that founded the court.

"What can happen is a special tribunal like the International Criminal Tribunal for the former Yugoslavia can be formed and that usually happens at the level of the UN Security council," Oppenheimer said.

"Before that can happen, probably the countries that were involved with supporting this, will actually have to say 'Hey enough time has gone by for us to become comfortable with acknowledging what has happened here, in the name of addressing impunity and corruption in the fourth most populous country in the world'," he said. "We need to pursue this because this was in fact a crime against humanity," he said.

The Act of Killing was recently nominated for an Oscar Award in the Best Documentary category. The chilling film that follows death-squad leader Anwar Congo happily re-enacting the killings of 1965 has picked up awards in film festivals around the world.

In Indonesia, the film has been shown in thousands of underground screenings across the country and as of Sept. 30 last year has been available for download in Indonesia. It has become a catalyst for national conversation on a topic that was largely buried under government propaganda during the Soeharto regime and self-censorship after reformasi (reformation).

"Bringing it here [Washington] is a new step in that journey for me," Oppenheimer said. "I'm just pretty moved sitting here talking to you because it has been our hope that this would start a conversation everywhere about this past and about who we are as human beings in some deeper ways as well," he said to the audience.

US Senator Tom Udall, who sits on the Senate Foreign Relations Committee, organized the Tuesday night screening. "When I heard about this film, I thought that this should be given an opportunity for members of congress and staff and everybody to see," he said.

Some 60 people, mostly staffers of Senators, attended the screening held at the Library of Congress. The audience was silent for a couple of moments after the film ended before giving a somber applause. After watching the film, Udall called Oppenheimer an artist. "Artists sometimes tell us stories that we don't want to hear, that we don't want to face. They open a reality to us," he said.

Udall said it was significant that the film was screened here. "This is our nation's capital. This is the seat of government. As you heard from his [Oppenheimer's] interview, we [the US] were involved. So it's important that this space be created to have a discussion also," he said.

Oscar-nominated 'Act of Killing' confronts Indonesia's dark past

Agence France Presse - February 15, 2014

Shaun Tandon, Hong Kong – Anwar Congo makes no secret of the fact that he killed about 1,000 people with his bare hands, boasting about the methods he used to murder alleged communists in 1960s Indonesia.

There were blocks of wood used to cave in skulls; machetes with which he butchered victims, or a simple wire that he says helped achieve quick and effective strangulation.

Congo's testimony provides the chilling framework for director Joshua Oppenheimer's Oscar-nominated documentary "The Act of Killing", which turns its cameras on to the perpetrators of massacres that claimed at least 500,000 lives.

Oppenheimer says that the attention the film has received around the world is forcing Indonesia to address a dark episode in its history, which ushered in the 32-year rule of dictator Suharto.

"I thought I had wandered into Germany 40 years after the Holocaust to find the Nazis were still in power," Oppenheimer said of the men who feature in his documentary. "They are very proud of what they did and often told me the stories with smiles on their faces," he said on the phone from Los Angeles.

In the film the men, who carried out the killings during a purge triggered by a failed coup in late 1965, show little if any remorse. "What I hope – should we be so lucky as to win the Academy Award – is that it will encourage Indonesians to finally hold their leaders to account for their crimes," said Oppenheimer.

Some in Indonesia have not welcomed the film, contending the country was already taking its own steps towards coming to terms with the episode – and that such outside interference hinders the process.

The film is nominated for a Best Documentary Oscar. It is also in the running for two Bafta awards – the British equivalent whose ceremony takes place on Sunday.

While Oppenheimer has publicized the film, a number of the Indonesians involved in its production – including the person cited as one of its co- directors – have chosen to stay anonymous in fear for their safety.

'Imposing denial'

To get the likes of Congo to talk, the film invites those involved in the killings to reenact their past as though they were making a feature film, including musical numbers and even attempts at slapstick humor. Those involved do not seem aware that the film will cast them in a bad light. It makes for compelling – and disturbing – viewing.

"I was not sure whether it was safe to approach these people at all, but when I did I found they were immediately boastful," Oppenheimer said.

Army General Suharto blamed the coup attempt on Indonesia's Communist Party, and the military actively encouraged – and in some cases took part in – the anti-communist killings that erupted in some parts of the country. Suharto put down the coup and used the episode to muscle out then-president Sukarno and take power, later ruling Indonesia for three decades.

Paramilitary groups such as the one Congo was part of were given license to gather and kill suspected communists, and seize their property and possessions. No action has ever been taken against those responsible for the deaths.

"I suddenly realized that all these men are boasting not because they are proud but because they know what they did is wrong," said Oppenheimer. "They are trying to deny that to themselves and impose that denial on the whole society."

The film was produced by Oscar-winner Errol Morris ("The Fog of War") and Oscar-nominated Werner Herzog ("Encounters at the End of the World"). It has so far picked up 32 international awards.

Taking sides

"The Act of Killing" was not granted a general release at Indonesian cinemas, with the government raising doubts about the film's portrayal of history. Beyond special select screenings, the film is available for download.

The killings are not closely examined by school textbooks and were not widely discussed during Suharto's iron-fisted rule. However following his fall in 1998, and in recent years, Indonesians have begun to talk about the issue more openly with frequent newspaper stories, academic seminars and published memoirs.

Critics say more needs to be done, and point to the fact the Attorney General's office has refused to start a probe despite an extensive 2012 report from Indonesia's official human rights body which claimed to have found extensive evidence of abuse.

Presidential spokesman Teuku Faizasyah said the film "is simplifying a dark, complicated period of history," and was one-sided.

In a statement issued last week to the Jakarta Globe newspaper, the film's anonymous co-director denied the charge it had been produced by foreigners out to negatively affect Indonesia's global reputation.

"A negative image is when unfairness and impunity is being sustained. Negative image is when there was no apology conveyed to the victims and the families of the victims of the crimes against humanity. A negative image is to make the architect of the mass killing a hero," the co-director's statement said.

And Oppenheimer, who is working on a follow-up focusing on the victims' side of the story, is convinced "The Act of Killing" has helped mainstream media in Indonesia address the genocide and open it up further for public debate.

"There's no stuffing the genie back in the bottle," he said. "It is opening a space for people to finally acknowledge the most painful and troubling aspect of contemporary Indonesia without fear."

Sexual & domestic violence

Inclusive approach to stop sexual violence

Jakarta Globe - February 18, 2014

Nicole Jade Millane, Jakarta – Encouraging men to become involved in anti-violence campaigns can help minimize gender-based violence, activists say.

Dhyta Caturani, coordinator of the One Billion Rising campaign in Jakarta, described the increased participation by men as "a big achievement for us."

The global campaign, launched last year and initiated by Eve Ensler's V- Day, sees flash mobs appearing in cities around the world on Feb. 14 in an effort to raise awareness of violence against women. It also encourages participation and support from men.

Dhyta expressed concern about the protection victims of sexual violence enjoy with regard to the punishment of the perpetrators. "Victims know the law won't protect them," she said.

The lack of just punishment against perpetrators can deter the victims from coming forward and reporting incidents of sexual assault, she said. Dhyta feels that longer sentences for perpetrators would help women feel more at ease to not only speak up about sexual violence, but also to feel safer in future with the threat removed.

In 2012, over 200 cases of violence against women were reported in Indonesia. That figure increased by 181 percent from the year before. According to the National Commission on Violence Against Women (Komnas Perempuan), 35 women become victims of sexual violence in Indonesia every day.

Although it is a positive sign that more women are coming forward to report such cases of abuse, Dhyta says there are likely many more victims that choose to remain silent for fear of retribution or being stigmatized.

She says men who commit violence must be held accountable. "For too long, issues of violence against women were considered a women's issue. Those who commit violence are mostly men, so the issues of violence against women are also their issues, our issues, of a whole society."

One Billion Rising takes its name from a United Nations World Health Organization statistic, which states that one out of three women in the world will experience sexual violence or harassment in her life. The campaign's theme for this year is "Rise for Justice," with a focus of getting justice for the victims of violence.

"This year we want to reach out to victims to say 'you are not alone, we are here, we will stand and fight for you to get the justice that you deserve,'?" Dhyta said.

Partnerships

Siska Dewi Noya, program manager for gender-based violence at Rutgers WPF, agrees on the importance of working with men to help change Indonesia's views about violence against women and decrease cases of physical or sexual abuse. "We think engaging men as the partner, as an ally of the women's movement to end gender-based violence is a good strategy," she said.

The center of expertise on sexual and reproductive health and rights is in partnership with the MenCare+ campaign, which supports men promoting gender equality and who oppose violence against women, through advocacy, counseling and research.

The MenCare+ campaign is a three-year, four-country collaboration between Indonesia, Brazil, Rwanda and South Africa. The organization works with men who have violent histories, particularly domestic violence and aims to rehabilitate them through campaigns and support networks.

"The issue is how to change these values of masculinity, how to change the bad image of masculinity into a positive one," Siska said. She expressed concern over progress in efforts to address violence against women because of the cultural attitudes towards the issue in Indonesia.

"The culture in Indonesia is such that nobody really wants to talk about it. The issue of domestic violence is still considered a big shame and a taboo," Siska said.

According to her, many women don't come forward to report cases of domestic violence because they are financially dependent on their husbands. "It would be a shame for the family if a woman put her husband in jail," she said.

Siska believes that violent behavior in men can be traced back to their upbringing and a lack of knowledge about household duties and gender roles. But she says programs and campaigns such as MenCare+ can help change the roles and attitudes of men in households. She hopes that MenCare+ can promote "the positive image of men that can be enforced as a good partner, good father and good man."

The 2014 One Billion Rising for justice flash mob was due to be held around the world on Friday last week. Last year the Jakarta event attracted around 400 people. This year, although it was hard to estimate how many people would have joined the cause, Dhyta was hopeful that the message would be heard regardless.

"It doesn't matter how many people participate, what is important to us is that the message gets out. "We just want to reach out to common people, common folks. This movement is yours, this movement is ours."

One Billion Rising is an independent organization that depends on social and mainstream media to raise awareness and support for violence victims.

Dhyta says the media contributes immensely to One Billion Rising's campaigns. "I've been an activist for 20 years and I've never seen support like this from the media," she said.

Men, women dance against violence

Jakarta Post - February 15, 2014

Indah Setiawati, Jakarta – They danced, sang and shared stories for one purpose: To end violence against women.

Hundreds of people took part in a flash mob at the National Monument (Monas) in the blistering heat on Friday afternoon to show solidarity with female victims of violence.

The event, organized by One Billion Rising Indonesia, was also simultaneously held in six other cities across the country, including Bandung in West Java, Semarang in Central Java and Legian in Badung, Bali. Last year, Indonesia was among 207 countries that took part in the global campaign.

This year, the organization's website, www.onebillionrising.org, presented the theme of "One billion rising for justice", calling on survivors to break their silence and share their stories through various creative forms, such as through art, dance, song and testimonies.

"My boyfriend used to tell me what to do. After studying criminology, I learned that as a woman, I have the right to say whatever I want to say and wear whatever I want to wear," Anggi Herna, a participant, told The Jakarta Post.

Delila, another participant, said she took part in the event because she was concerned about violence against children and rampant rape across the country.

Besides singing along with singers Oppie Andaresta, Mian Tiara, Kartika Jahja and the Simponi (Music Syndicate of Earth Dwellers) band, the participants also shook their hips with Bellydance Jakarta members and shared their reasons for joining the campaign. The live streaming video of the event got almost 1,000 views.

The event saw a larger turnout of male participants compared to last year. One of them, Alfa Gumilang, said he escaped from work to participate in the flash mob, saying that it was his way of expressing his love during Valentine's Day.

"As a man, I feel the need to join the campaign to end violence against women. I always grow angry when I read about sexual abuse cases, especially when the perpetrators are more powerful," he said.

Dylan Utomo, a musician, wore a bright pink miniskirt to show his solidarity and to voice his irritation over social stigmas that continued to blame how victims of sexual abuse dressed. He said that this was his second time taking part in the movement.

"I believe that men and women are equal. Some people still think that women wearing miniskirts are asking for harassment," he said.

In 2011, activists were outraged over a statement from former governor Fauzi Bowo in which he said that women should not wear miniskirts when riding public transportation vehicles to avoid any unwanted consequences. His comments came in the wake of two gang rapes involving women in public transportation minivans. Later, he apologized for making the comments.

The nationwide number of reports of violence against women remains high. In 2012, The National Commission on Violence against Women (Komnas Perempuan) recorded 211,822 cases of violence against women, 4,336 of which were sexual abuse cases.

Meanwhile, according to United Nation statistics, one in three women will be beaten or raped during their lifetime.

Labour & migrant workers

Police general's wife accused of abusing maids

Jakarta Post - February 21, 2014

Theresia Sufa, Bogor – The Bogor City Police are investigating a domestic abuse case involving the wife of a retired police general who allegedly physically abused and locked away more than a dozen domestic workers.

West Java Police chief Insp. Gen. Muhamad Iriawan said on Thursday that the police would proceed with the report regardless of the previous position of the husband, who is former chief of the Research and Development Center at the National Police.

"After gathering testimonies from the witnesses, we will ask her [the wife] to come in for questioning," he said. Iriawan said 16 domestic workers had been taken to the Bogor City Police headquarters.

The police investigation began when one of the domestic workers, Yuliana Leiwer, 19, escaped and reported her employer, Mutiara Situmorang, to the Bogor City Police on Feb. 14 for physical abuse and unpaid salary.

The employer is the wife of Brig. Gen. (ret) Monang Situmorang, who lives in the Duta Pakuan housing complex in Tegal Lega, Central Bogor. Yuliana said she and 14 other domestic workers had suffered physical abuse and had not received three months' worth of salary from Mutiara.

She said Mutiara had confiscated all the workers' cell phones and did not allow them to make calls. "I escaped from my employer's house after I took my cell phone back. I texted my family and asked them to pick me up," she said.

A few days later, her family came to rescue her from the house with the help of the head of the neighborhood unit in the housing complex. "When I worked at the house, I felt terrorized because even a small mistake could result in me being beaten," Yuliana said.

Based on her report, the police began their investigation in the two-story house, which is surrounded by a three meter fence and barbed wire, and later freed 12 other domestic workers on Wednesday. On Thursday, the police freed three more domestic workers.

Relatives of the rescued workers began to come to the police office to pick up the victims on Thursday, wartakotalive.com reported. Kholid, 33, said his brother, Aep Saefuloh, a domestic worker who worked for Mutiara, went missing two weeks ago.

"At first, my brother went to Jakarta for a job interview with PT Astra in Pulogadung, but we didn't hear from him," he said, adding that he had called his brother's cell phone and texted him, but had received no response.

Kholid said he finally reached Aep on Wednesday evening after he was rescued from his employer's house. He immediately departed from his house in Cilacap, Central Java, after learning that Aep was in the custody of the Bogor City Police. "I arrived early this morning. I want to bring him home to Cilacap because my mother has been crying since my brother went missing," he said.

Kompas reported a similar case of domestic abuse that occurred in the same house in September 2012 when 12 domestic workers from East Nusa Tenggara (NTT) tried to escape from their employer after being tortured and going unpaid.

They escaped to the inner city toll road and found help from the employees of the state-owned toll road operator PT Jasa Marga. The workers were taken care of by the employees and later returned home.

Activist urges lawmakers to pass domestic workers bill

Jakarta Post - February 21, 2014

Jakarta – In response to the recent police investigation into a domestic abuse case in Bogor, West Java, the Women's Institute Foundation has urged the House of Representatives to pass the bill on domestic workers' rights.

The demand was made because the bill, which has been included in the National Legislation Program since 2010, has not yet been discussed.

In a statement made available to The Jakarta Post on Thursday evening, the foundation said the recent discovery of abuse in Bogor showed that the government had not met its obligation to protect domestic workers.

The foundation also urged the National Police to continue investigating the Bogor abuse case and allegations of human trafficking in the case, which implicated the wife of a retired police general.

"In the period between 2007 and 2011 there were 726 cases of severe mistreatment of housemaids in Indonesia, including 536 unpaid salaries," said chairperson of the foundation, Rotuah Valentina Sagala.

The Bogor Police removed 12 allegedly abducted domestic workers on Wednesday from the general's two-story house, which was surrounded by a 3- meter-high fence and barbed wire. Eight of the freed domestic workers were girls.

One of the housemaids, Yuliana Leiwer, 19, managed to escape from the house belonging to the police general, identified as MS, and filed a police report.

Yuliana said that the housemaids were frequently abused by MS and his wife and she had yet to receive any salary for her work over the past few months. The police have not named any suspects in the case. (idb)

Rights groups criticise Saudi-Indonesia maid agreement

Agence France Presse - February 21, 2014

Rights groups have criticised an agreement between Indonesia and Saudi Arabia aimed at giving Indonesian maids more protection in the kingdom, with one saying "justice is still far away" for them.

Saudi Arabia is the world's biggest destination for Indonesian maids, with around one million in the kingdom. However, Indonesia placed a moratorium on sending new maids to the country in 2011 after a helper was beheaded for murdering her employer. Authorities failed to inform Jakarta in advance of the execution.

The case worsened existing tensions caused by reports of abuse and complaints by rights groups that maids are deprived of their basic entitlements.

An agreement signed in Riyadh by Indonesian and Saudi officials aims to give maids better protection, senior Indonesian foreign ministry official Tatang Razak said.

It guarantees them basic rights to communications and the payment of monthly salaries through a bank account and stops employers from keeping their passports.

But Human Rights Watch says the agreement lacked clear enforcement mechanisms for workers who are typically isolated in private homes, unaware of their rights and unable to speak Arabic.

"These reforms do not address the long history of workers coming forward with complaints only to be slammed with counter-allegations of theft, witchcraft or adultery by their far more influential, well-connected, and often wealthy employers," Nisha Varia from HRW's women's rights division said.

The agreement is "a step forward, but the road to find justice is still far away" due to the poor labour system in Saudi Arabia and the business- oriented worker placement system in Indonesia, Indonesian group Migrant Care said in a press release.

Mr Razak from the foreign ministry said a committee from both sides would be formed to discuss how the agreement would be implemented. Indonesia sends maids to work in many countries including Gulf states and places in Asia such as Malaysia and Hong Kong.

Riyadh grants more rights to Indonesia workers

Jakarta Post - February 20, 2014

Nurfika Osman, Jakarta – The governments of Indonesia and Saudi Arabia have signed a memorandum of understanding (MoU) to provide better working conditions for Indonesian workers in the kingdom.

The bilateral agreement, signed in Riyadh on Wednesday, guaranteed every worker would be given access to cell phones and have one day off a week, leave entitlement, health insurance and be able to keep their passports.

Manpower and Transmigration Minister Muhaimin Iskandar said the newly signed MoU guaranteed Indonesian workers would not work 24 hours a day, would have salaries paid via banks, would have online access to a work contract and would be able to contact a 24 hour call center if in need of help or repatriation.

"We want this agreement to improve the protection and welfare of our domestic workers. This is a better system for the placement and protection of the workers," Muhaimin said on Wednesday.

He said he hoped the move would create decent work for Indonesian domestic workers who were vulnerable to human rights violations. According to Muhaimin, Saudi Arabia had improved the protection of foreign migrant workers in the oil-rich nation, including those in the domestic sector.

On July 17, 2013, Saudi Arabia's Ministerial Council approved a regulation on household service labor, while its Cabinet Council approved a regulation on violence in the household and private sector.

"We appreciate this effort and we want Saudi Arabia to better protect our workers here," he said, adding Indonesia had also developed a placement and protection system, such as implementing a computerized system to process worker candidates until they returned home and training candidates for 400 hours in vocational training centers to improve their skills.

In addition, ministry spokesman Suhartono said the MoU would not automatically see Indonesia lift its moratorium on Saudi Arabia. The lifting of the moratorium on the placement of domestic workers that was imposed in August 2011 would be determined after both governments and all stakeholders had prepared every procedure to protect the workers.

"We're preparing the system on how we are going to place and protect migrant workers. After that, we will involve stakeholders from both countries to prepare the infrastructure," Suhartono said.

He said the Indonesian-Saudi Joint Working Committee (JWC) and Joint Task Force (JTF) would meet more often until the new placement and protection system was established.

According to the Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI) data, there are some 1.2 million Indonesians working in the kingdom, with more than 70 percent of them household workers.

Saudi Arabia executed 54-year-old Ruyati binti Satubi in June 2011 for murdering her employer's wife. The authorities did so without informing Indonesian officials, forcing Indonesia to impose a moratorium.

Migrant Care said nine migrant workers were on death row awaiting execution in the kingdom, including the case of Satinah. The Javanese woman was sentenced to death by a Saudi court in 2009 for murdering her employer in 2006. Satinah was said to committed murder in retaliation for the continuous abuse she suffered at the hands of her employer.

Freedom of speech & expression

Residents and FPI protest 'communist' book discussion in Semarang

Jakarta Globe - February 17, 2014

Jakarta – The apparent controversy surrounding a book on independence fighter and former communist party member Tan Malaka grew on Monday after protesters in Central Java attempted to shut down a second discussion group.

"They never asked for a permit and the number of participants who would be present at the discussion was not clear," said Endah Sulistya, a neighborhood chief in Bendan Ngisor, Semarang, as quoted by the state-run Antara news agency on Monday.

Endah said that some residents objected to previous events organized by Komunitas Seni Hysteria because of the noise and traffic caused by the extra number of cars parked in the area.

The Central Java branch of the Islamic Defenders Front (FPI) and Laskar Merah Putih also objected to the event, while another activist group sent 20 volunteers to meet with the organizers to make their objection known.

Monday's event in Semarang was supposed to discuss "Tan Malaka, Gerakan Kiri, Dan Revolusi Indonesia, September 1948-Desember 1949" ("Tan Malaka, The Leftist Movement and Indonesian Revolution, Sept. 1948 - Dec. 1949") by renowned Dutch historian Harry A. Poeze.

Tan Malaka was a member of Indonesia's communist party and a proponent of a syncretism between Islam and Marxism. He was executed by Indonesian military forces in 1949 but was later named a national hero by former president Sukarno.

Organizing committee member, Yunantyo Adi, said that those who objected to the event should join the discussion and express their views in an open forum, rather than shut down debate.

The head of the intelligence division of Semarang Police Adj. Sr. Comr. Amad Sukandar said police had suggested that the organizers find another location. "There is an official letter to the police concerning the rejection," Amad said.

The event organizer had planned to conduct the discussion at Gerobak Arts, Jalan Stonen, Gajah Mungkur subdistrict, in Semarang at 7 p.m. "A group of 20 police officers came here asking us to delay the discussion," Yunantyo said as quoted by news portal Merdeka.com on Monday.

Semarang Police have prepared one platoon of officers to prevent any clashes between the participants and protesters. Yunantyo said his organization was considering moving the event to a university campus.

This is not the first time that a discussion group on this particular text has run into difficulties.

Earlier in February, a reading group was canceled by the organizer after Surabaya Police declined to issue a permit, ostensibly on security grounds. The FPI protested the planned discussion group, and followed up its protest with messages on social media alleging that the reading group was a front for a meeting of Indonesian communists.

Political parties & elections

PDI-P denies rift over Jokowi

Jakarta Post - February 20, 2014

Jakarta – Secretary-general of the Indonesian Democratic Party of Struggle (PDI-P) Tjahjo Kumolo denied on Wednesday that there was division within the party's central board over a plan to nominate Jakarta Governor Joko "Jokowi" Widodo as the party's presidential candidate.

"There is no rift," Tjahjo told reporters on Wednesday. Tjahjo said that all members of the central board would follow orders from party chairperson Megawati Soekarnoputri regarding the candidacy of Jokowi. He said only Megawati had the right to name the party's presidential candidate.

Media reports have said that the PDI-P central board is torn between two camps, one wanting to nominate Jokowi and another proposing to have a Megawati-Jokowi ticket. Jokowi himself has hinted that he would settle for less than a presidential ticket.

Waning electability overshadows Dems' presidential convention

Jakarta Post - February 20, 2014

Bagus BT Saragih, Jakarta – The Democratic Party's (PD) presidential convention seems to be going nowhere with a senior party member admitting the ruling party might not be able to field a candidate in the July presidential election.

EE Mangindaan, the executive chairman of the party's board of patrons, said his party would likely garner less than 25 percent of the vote in the April 9 legislative election, which was far below the electoral threshold to nominate a presidential candidate.

"Let's be realistic. If we only got 7 or 10 percent, how would we be able to nominate a presidential candidate?" Mangindaan, who is also transportation minister, said as quoted by Kompas.com.

The Election Law stipulates that a party must gain at least 25 percent of popular vote or control 20 percent of the seats at House of Representatives to be able to field a candidate.

Mangindaan said the party would have to form an alliance with other political parties to join the presidential election and it was possible that the winner of the party's presidential convention would end up being a vice presidential candidate.

That said, Mangindaan suggested that convention participants begin talks with other parties prior to the legislative election. "Just go ahead, you are free to approach other parties. Even if some of the participants want to be nominated by other parties, that would be OK."

Several of the convention's contenders were disappointed by his statement, and feared that it would discourage the participants and their supporters.

"He should not have expressed something so negative. A senior PD member like him should be injecting a more positive attitude," participant Ali Masykur Musa, who is also a member of the Supreme Audit Agency (BPK), said.

The organizing committee for the convention has been languishing to keep the convention running since it was launched in August last year amid financial constraints. The committee recently admitted that it could not afford to air the presidential debates of the convention participants.

Convention participant Anies Baswedan questioned the purpose of holding the debates if they were not televised nationwide. "People vote after comparing candidates. How could they vote if they never see the candidates?"

The problem was made worse by the recent resignation of a key committee member, Effendi Ghazali, a political communication expert from the University of Indonesia.

Many believe that Effendi resigned due to unfair practices within the committee. Effendi is a non-partisan and well-known political communications expert.

Committee member, Lt. Gen. (ret) Suaidi Marasabessy, however, claimed that the convention would remain on track despite Effendi's resignation.

"The ongoing progress of the convention has been largely handled by the survey institutes, instead of the committee. Committee members are now just monitoring the process and will eventually announce the result," Suaidi said on Wednesday.

Effendi announced on Monday he had resigned from the committee due to health reasons and denied the decision had anything to do with alleged unfair practices.

"I underwent tendon surgery on Feb. 5 after being tackled during a football game and will need three to six months to recover. That is why I resigned," Effendi said.

As many as 11 public figures have participated in the convention. The decision on the party's eventual presidential candidate will be in the hands of three independent survey institutes hired by the PD and is due to be announced soon after the April 9 legislative election.

Eruption won't disrupt election: KPU

Jakarta Post - February 17, 2014

Haeril Halim – The General Elections Commission (KPU) has given assurances that the eruption of East Java's Mount Kelud will not hamper the distribution of logistical materials for the general election.

The KPU said on Sunday that the ballot paper-printing process had returned to normal soon after the eruption, the aftermath of which paralyzed Java on Friday.

"I have checked on the companies printing the ballot papers in East and Central Java and the reports that I received said the printing process returned to normal after the eruption. With this, we can say that – God willing – the election will go as planned," KPU logistics bureau head Boradi told The Jakarta Post on Sunday.

Boradi said that there was only one company, in Klaten regency in Central Java, which experienced a printing stoppage for several hours after ash started to fall from the sky.

"It stopped for a couple of hours because workers had to clean up the machine that was covered in ash. Some workers were prevented from going to work because of the ash, so they came a little late to the factory on Friday. As of Saturday, all printing companies operated normally including the ones in East Java," Boradi added.

Separately, a commissioner of the Yogyakarta General Elections Commission (KPUD) also affirmed that logistical election preparations in the province would not be affected by the Mt. Kelud eruption.

"The printing of ballot papers in Solo and Semarang, both in Central Java, will go on as scheduled. The printing of other logistical materials went on normally after the eruption," KPUD commissioner Farid Bambang Siswantoro said on Sunday, as quoted by Antara news agency.

He also said that the thoroughfares of Semarang and Yogyakarta suffered little impact from the eruption and that distribution of the ballot papers would not face any significant obstructions.

"We hope that the printing process will proceed smoothly, so that we can soon distribute the ballot papers to regions, to be sorted out by KPUDs. We are always ready to implement our contingency plan if anything happens," he said.

Farid said that none of the warehouses storing logistical materials for the election were affected by the ash spewed out by Mt. Kelud.

The Yogyakarta KPUD was also in the process of manufacturing 3,812 ballot boxes to be used in the upcoming legislative and presidential elections. "The process is still ongoing but we have already produced around 25 percent of the total boxes needed for Yogyakarta," he said.

Meanwhile, the local election commission in Kediri, East Java, said that it had received shipments of ballot papers for the legislative election and other logistical materials including ink.

Fears arose that the eruption's aftermath might disrupt the election process after news reports said that ash from Mt. Kelud covered multiple regions of Central and East Java, where many companies printing election ballot papers are located, accounting for the production of logistical materials for 22 of the country's 33 provinces and 55 of the total 77 electoral districts.

Surveys & opinion polls

Students more intolerant, FPI cancels talk dispersal

Jakarta Post - February 19, 2014

Ainur Rohmah and Suherdjoko, Semarang – Radicalism among senior high school students is on the rise, teachers of Islamic education in Semarang, Central Java, have warned.

The topic emerged during a focus group discussion organized by the Religious and Social Study Institution (eLSA) in Semarang, Monday.

Supervisor of Islamic education teachers Semarang M. Fauzin said that a student of a school that he supervised refused to salute the flag because the student was afraid of being polytheistic. "We are concerned about students of their age believing in counter-Constitutional and anti- Pancasila ideologies," Fauzin said.

eLSA director Tedi Kholiludin said Islamic teachers were integral to the prevention of radicalism, as their role was to teach tolerance and interfaith respect. "We are worried that students are becoming narrow- minded," Tedi said.

Quoting a survey that eLSA conducted on 112 students of 20 senior and senior vocational high schools in Semarang region, Tedi said that 60 percent of respondents said saying "Merry Christmas" was haram – forbidden by Islamic teaching.

The survey, according to Tedi, also revealed that 98 percent of respondents considered Islam to not be against Pancasila, while 28 percent of respondents, who accepted Pancasila, supported the implementation of Islamic Sharia.

Separately, the Islam Defenders Front (FPI) Central Java branch on Monday evening decided against the forceful dispersal of a book discussion on Dutch researcher and author Harry Poeze's Tan Malaka, Gerakan Kiri dan Revolusi Indonesia (Tan Malaka, Leftist Movement and Indonesian Revolution) volume 4.

Thanks to talks between Central Java Governor Ganjar Pranowo, Diponegoro University (Undip) rector Sudharto, dean of Undip's School of Cultural Sciences Agus Maladi – who all attended the discussion – and former FPI advocacy team chair Zaenal Abidin Petir regarding the event, the FPI canceled their plan.

Yunantyo Adi of the Semarang History Activist Community, which along with the Hysteria Community organized the event, said that Zainal mediated between local FPI chairman Syihabudin and the organizing committee. "We met. I explained about Tan Malaka and gave him the book [...] He finally expressed no objection to the discussion," Yunantyo said.

The author, Harry Poeze spent 41 years studying Tan. Volume 4 of the book focused on Tan establishing the Murba Party up until his murder in 1949 by First Lt. Sukotjo (who was later East Java governor) in Selopanggung subdistrict, Kediri, East Java.

Media & journalism

Hary Tanoe's MNC Group sanctioned over pro-Hanura bias

Jakarta Globe - February 21, 2014

Jakarta – The Indonesian Broadcasting Commission (KPI) has pulled two television shows off the air amid complaints that the programs clearly favored the party of owner and vice presidential candidate Hary Tanoesoedibjo in a flagrant violation of neutrality regulations.

The shows appeared on two stations owned by the media mogul and People's Conscience (Hanura) party candidate – RCTI and Global TV – and were heavily slanted toward the party.

Indonesian regulations demand that publicly broadcast television stations remain neutral and independent – a tall order in a nation where nearly all major television companies are owned by public officials and businessmen with political affiliations.

Both "Indonesia Cerdas" (Smart Indonesia) and "Kuis Kebangsaan" – a show where contestants phone in to answer quiz questions about Indonesia – have aired on Global TV and RCTI for months despite complaints from viewers about bias. The KPI sent both stations repeated requests to modify the programing – which pushed Hanura candidates Hary and Wiranto and used the party's tagline multiple times during each show – but the letters were ignored.

The KPI responded by issuing an order to suspend the shows until they adopted a more even-handed editorial stance.

"[The shows] not only engaged legislative candidates from the Hanura party, but the programs also presented Wiranto and Hary Tanoesoedibjo – who have been declared as presidential and vice presidential candidate for the party," KPI chief Judhariksawan told the Indonesian news portal Tribunnews.

Media watchdog Remotivi criticized the commission for dragging its feet. "The KPI works slowly; Kuis Kebangsaan has been broadcasting since October," the organization tweeted on Friday.

Indonesian media organizations have long been criticized for bias coverage favoring politically connected owners. A coalition of 32 groups called Frequencies Belong to the Public (FMP) issued a letter to the KPI urging greater oversight last month. The letter expressed concern over the content of programs on Hary's Global TV, MNC TV and RCTI; Golkar Party presidential candidate Aburizal Bakrie's ANTV and TV One; and National Democratic Party (NasDem) founder Surya Paloh's Metro TV.

The KPI responded by signing an agreement on Jan. 16 to crack down on slanted coverage by the end of the month. The commission's chairman said he hoped the sanctions would serve as a stern reminder to the nation's broadcasters.

This year's elections have been seen as an important litmus test for the nation's once-restricted media. Everyone from media watchdog groups to President Susilo Bambang Yudhoyono has warned of the dangers of creeping political influence in the Indonesian media during an election year. While the nation's largest newspaper Kompas is independently owned, most free-to-air television networks are owned by politically connected moguls – with Hary's MNC Group controlling the lion's share.

In the months leading up to April's legislative election, commercials lauding the leadership of Wiranto and Hary have received heavy rotation on MNC Group-owned channels. Not to be outdone, Aburizal has political advertisements running on ANTV and TV One while Surya, who hasn't officially declared his candidacy, has spots pushing NasDem on Metro TV.

The only other party with similar national reach is Prabowo Subianto's Great Indonesia Movement (Gerindra) party, which has splashed cash on an extensive social media, print and television campaign in the lead-up to the election. In the party's latest ads, a burly bird called "Mas Garuda" fights against terrorism and lazy lawmakers in a video series posted to YouTube.

Environment & natural disasters

Number of hotspots in Riau doubles

Jakarta Post - February 19, 2014

Jakarta – The number of hotspots of forest, plantation and peatland fires in Riau reached 256 on Wednesday morning, more than double the 126 of the previous day.

Of the 281 hotspots detected across Sumatra Island, 256 were found in Riau, Slamet Riyadi, the head of the Pekanbaru meteorological, climatology and geophysics agency (BMKG)'s data and information section, said as reported by Antara.

The data was based on recordings on Wednesday at 7 a.m. local time, he added. Of the 256 hotspots in Riau, 94 were found in Bengkalis regency, 32 in Meranti, 26 in Indragiri Hilir, 34 in Pelalawan, 52 in Siak, 10 in Rokan Hilir, seven in Dumai, and one in Kampar.

Slamet predicted that the number of hotspots in Riau would remain high over the week to come because of a lack of rain.

"Usually haze occurs in May or June. But, this year, the haze has started appearing in January and February in Riau and West Kalimantan," the National Disaster Mitigation Agency (BNPB) spokesman Sutopo said in Jakarta, recently.

Residents, environmentalists see common threat in planned power plant

Jakarta Globe - February 18, 2014

Tony Ng, Jakarta – Greenpeace Indonesia and local communities in Batang, Central Java, have alleged alarmingly high figures for greenhouse gas emissions and pollutants from a coal-fired power plant being built in the district.

At a press conference at their Jakarta office last week, Greenpeace presented residents from villages surrounding the site to reveal the "ugly facts" behind the 2,000-megawatt project, being built at a cost of $4 billion.

Greenpeace said that once the coal power plant went on line, it would release 10.8 million tons of carbon dioxide into the atmosphere, equivalent to the entire carbon emissions of Myanmar in 2009. The plant would also release some 226 kilograms of mercury each year into the nearby Ujungnegoro-Roban regional maritime protected area.

This would devastate the thriving local traditional fishing industry, as 0.907 grams of mercury in a 100-square-meter body of water can make fish all the fish in the area unfit to eat, and endanger the livelihoods of more than 100,000 local residents.

The power plant project is backed by a joint venture called Bhimasena Power Indonesia, comprising Adaro Power, which owns a 34 percent stake; J Power, a company linked to the Japanese government and which also has a 34 percent stake; and Itochu, a Japanese trading house that holds the remaining 32 percent.

Indonesian state utility PLN would buy and distribute the power generated by the proposed plant. The project has the backing of Indonesian President Susilo Bambang Yudhoyono and Japanese Prime Minister Shinzo Abe.

Although construction of the plant was scheduled to start in October 2012, it has not gone ahead due to local resistance, with residents refusing to sell their land, a combined 55 hectares that accounts for 15 to 20 percent of the land needed for the 200-350-hectare plant.

Some residents say they have been threatened and intimidated by gangs and thugs they suspect were hired by the business consortium behind the project.

A man by the name of Nyoto, who lives in nearby Roban village and has operated a fishing boat in the area since 1987, said he and fellow residents were not afraid of the scare tactics being employed against them. "We'll do whatever it takes to stop this plant, we're not afraid of any intimidation," Nyoto said.

What did worry him, he said, were the potential environmental, health and social impacts the plant would have on the local community. "We'll have respiratory problems if the plant is here. They need to think about the children and the future. It's going to be here forever, and forever is a very long time," Nyoto said.

Boy, a fisherman and rice farmer from Roban, agreed that the power plant would have a negative economic impact for people like himself, saying he believed it would wipe out their income and livelihoods.

"[Fishing and farming] will be destroyed," he said. "I get Rp 8 million [$680] per month as a fisherman and Rp 15 million to Rp 30 million for each rice harvest, which is every three months."

Boy said he believed he would earn less if he had to work at the power plant. "I don't even want to think about it," he added.

Rohidi, a teacher from neighboring Karang Geneng village, said that if the project went ahead as planned, it would break up the tight-knit community because the pollution from the factory would make the area uninhabitable. "We would automatically have to move, and I would lose my job," he said.

Arif Fiyanto, Greenpeace Indonesia's team leader for climate and energy campaigns, said the Batang project would not only adversely affect the local community, but would also violate several Indonesian government laws, for instance regarding financial disclosure and protection of marine conservation areas.

He said he believed the government and power companies should tap into clean, renewable energy such as geothermal. Indonesia has 40 percent of known global reserves, or 28,000 MW, but generated just 1,333 MW last year.

Bhimasena Power Indonesia did not respond immediately to requests from the Jakarta Globe for comment.

Kelud causes billions in losses

Jakarta Post - February 17, 2014

Wahyoe Boediwardhana and Indra Harsaputra, Surabaya/Jakarta – Last Thursday's eruption of Mount Kelud in Kediri, East Java, has inflicted tremendous financial losses in the aviation, manufacturing and farming sectors.

"Operations at Surabaya, Solo [Surakarta], Yogyakarta and Semarang airports completely stopped, so of course there are losses that we have to deal with to normalize the situation," the head of corporate communications at state-owned airport operator PT Angkasa Pura (AP) I, Handy Heryudhityawan, said on Saturday.

Although Handy did not reveal the extent of AP I's losses, he said they would be "significant".

Separately, Trikora Harjo, general manager of PT AP I Juanda, said on Saturday that the airport, located in Surabaya, had suffered losses of around Rp 3 billion (US$250,000) due to the airport's two-day closure. Juanda had to cancel 386 flights, stranding about 50,000 passengers, during the closure.

Juanda airport and Semarang's Ahmad Yani International Airport resumed operations on Saturday, while Bandung's Hussein Sastranegara airport reopened on Sunday.

However, Yogyakarta's Adisucipto International Airport and Surakarta's Adi Sumarmo International Airport, which were the most affected by volcanic ash, have yet to reopen.

President Susilo Bambang Yudhoyono said Sunday that the response to the Mt. Kelud eruption had been well-handled. He said local administrations affected by the eruption had taken the proper steps.

"The public has cooperated well, so the impact from the Mt. Kelud ash is not expected to endanger health. I hope conditions will return to normal very soon," he said.

Yudhoyono was speaking at the Balapan Solo train station in Surakarta, Central Java, en route to visit Kediri, Blitar and Malang regencies in East Java. The President and First Lady Ani Yudhoyono chatted with passengers at the station for about 10 minutes before resuming their trip to Kediri.

The aftermath of the eruption, which showered East Java with thick clouds of volcanic ash, has also burdened businesses with distribution problems.

East Java is home to several industrial estates, including Rungkut and Gresik, which are home to factories belonging to some of Indonesia's larger companies. However, despite the eruption, some companies claim their production has not been negatively affected.

PT Unilever Indonesia spokesperson Sancoyo Antarikso said that although its production at the Rungkut estate had not suffered any major disruption by the ash, its distribution had been interrupted as several affected areas remained inaccessible.

Contacted separately, PT Semen Indonesia corporate secretary Agung Wiharto said that production at its Tuban plant in East Java, located more than 150 kilometers north of Mt. Kelud, had not been affected. Production at its plant on the Gresik estate, however, which lies closer to the volcano, had been heavily hit by the eruption.

The agricultural sector, especially dairy farming, was similarly hit hard by the eruption.

Chairman of the East Java branch of the Association of Indonesia Milk Processing Cooperatives (GSKI), Sulistyanto, claimed the eruption had caused losses of hundreds of billions of rupiah. "The eruption has caused a serious decrease in milk production," Sulistyanto said on Sunday.

Separately, Nur Shilla Christianto, head of corporate communications at PT Nestle Indonesia, said several of its fresh milk suppliers in East Java had been severely impacted by the Mt. Kelud eruption.

"In collaboration with local government administrations and dairy cooperatives, our focus since Thursday has been to provide whatever assistance we can to dairy farmers and their families, by providing them with food and beverages as well as animal fodder to enable them to feed their cattle," Nur Shilla told The Jakarta Post on Saturday.

Batu Mayor Eddy Rumpoko said on Sunday that he estimated the eruption had caused losses of up to Rp 17.8 billion, as apple harvests had been destroyed. "This figure excludes losses suffered by paddy farmers," he added. (dwa)

After the eruption, East Java sweeps up the pieces

Agence France Presse - February 16, 2014

Jakarta – Life is slowly returning to normal in east Java after Thursday's volcanic eruption killed at least four people, closed airports and caused flight cancellations.

Seven airports – including those serving international flights in Surabaya, Yogyakarta, Solo and Bandung – were forced to close on Friday due to thick ash that blanketed eastern Javanese cities. Three airports, at Malang city, Cilacap and Semarang, have now reopened while four others have remained closed, officials say. The airports in Bandung and Surabaya are expected to reopen on Sunday, while the airport in Solo may reopen Monday and the one in Yogyakarta on Tuesday.

The turmoil came after Mount Kelud, considered one of the most dangerous volcanoes on the main island of Java, spewed red-hot ash and rocks high into the sky late on Thursday night, just hours after its alert status was raised. On Friday, villagers in eastern Java described the terror of volcanic gravel and ash raining down on their homes before fleeing in cars and on motorbikes towards evacuation centres.

The volcano spewed grey smoke some 3000 metres into the sky again on Saturday, National Disaster Management Agency spokesman Sutopo Purwo Nugroho said, but added that "volcanic activity showed a slowing trend". The authorities are continuing to monitor the movement of ash in the air via satellite.

"We were informed by the volcanology agency this morning that no more powerful eruptions are expected. So it is safe to fly and flights can resume. We will issue an update via notice to airmen," Transport Ministry director-general of aviation Herry Bakti said on Saturday.

The death toll rose from three to four on Saturday, after a 97-year-old woman died from breathing difficulties; 56,089 people are currently living in temporary shelters.

The 1731-metre Mount Kelud has claimed more than 15,000 lives since 1500, including around 10,000 deaths in a massive eruption in 1568. It is one of 130 active volcanoes in Indonesia, which sits on the Pacific Ring of Fire, a belt of seismic activity running around the basin of the Pacific Ocean.

Earlier this month another volcano, Mount Sinabung on western Sumatra, unleashed an enormous eruption that left at least 16 dead and has been erupting almost daily since September.

Kelud death toll reaches 6 as some airports resume service

Jakarta Globe - February 15, 2014

Jakarta – Six have died so far in the wake of Mount Kelud's forceful Thursday eruption, which drove tens of thousands of Central and East Java residents from their homes and scattered ash as far as Bandung, West Java – some 600 kilometers distant.

"We are still identifying [the causes of death] and waiting for autopsy results," Malang Disaster Mitigation Agency (BPBD) officer Yafan told Indonesian news portal Kompas.com.

While respiratory problems were likely culprits for the deaths, at least one death and one critical injury were caused by the collapse of the roof of a Malang shelter under the weight of collected ash.

The volatile volcano, located in Kediri, East Java, erupted again on Saturday morning, but with far less impact than Thursday's massive event.

"People have reported that at around 6 a.m. Kelud erupted again, but on a smaller scale," Khoirul Huda, an observer in the nearby village of Sugihwaras, told Kompas.com. "Ash was as high as one kilometer above the top of the [volcano]."

Ash Saturday

On Saturday, Thursday's ash continued to affect much of Java. East Java Governor Soekarwo urged all residents to stay at least 10 kilometers from the volcano. "People are not allowed to return home until further notice from the government," he said during a visit to a shelter in Kediri.

Indonesian news portal Detik.com reported that Yogyakarta residents took to the streets to scrub away ash on Saturday morning. All schools in Semarang, Central Java were closed because ash continued to blanket the city, news portal Liputan6.com reported.

"Hopefully on Monday everything will be back to normal and students can return to school," said Bunyamin, the head of Semarang's education agency. "Today, the condition are still not good."

Volcanic ash was still a problem on Saturday in Bogor, West Java, some 60 kilometers from Jakarta, according to the Bogor police department. "Mount Kelud's volcanic ashes have reached Bogor city as visible on vehicles parked outside," the Bogor Police tweeted on Saturday.

Some airports resume service, some remain closed

The Transportation Ministry told news portal Detik.com on Saturday that four major airports in Java were still closed and would probably remain so at least through Sunday: Husein Sastranegara Airport in Bandung, Juanda Airport in Surabaya, Adisumarmo Airport in Solo and Adisucipto Airport in Yogyakarta.

The airports needed to clean ash from runways before they could reopen, according to Transportation Ministry information chief Bambang S. Ervan.

"I cannot confirm [when they will be open]," he said. "The current information is that Bandung airport can operate tomorrow morning, while Surabaya is still closed at least until tonight."

Bambang said that three airports that closed their runways on Friday were able to resume operations Saturday. "Achmad Yani airport in Semarang, Abdurrahman Saleh in Malang and Tunggul Wulung in Cilacap have been operating normally since this morning," he said.

Health & education

In Banten, an education system plundered by graft

Jakarta Globe - February 18, 2014

Benjamin Soloway & Josua Gantan, Lebak, Banten – As we make our way from Jakarta to the heart of Banten province – which stretches from Tangerang, the capital's sprawling western suburb and a large city in its own right, to the waters of the Sunda Strait, which separate Java from Sumatra – wide boulevards give way to dirt lanes that taper to narrow, muddy tracks, almost impassable by car.

Just six hours from Jakarta's expanding multitude of high-rise towers and malls, Lebak looks much like it must have for centuries: goats and chickens wander freely through villages made up of small clusters of traditional homes surrounded by forests and rice paddies.

We're in Lebak to see what conditions are like in schools here – schools that rely for their funding on a district made infamous by an election- rigging scandal that brought down Akil Mochtar, the former chief justice of the Constitution Court, in the province where detained governor, political matriarch and corruption suspect Ratu Atut Chosiyah leads an administration that allegedly skimmed off a third of the social aid and grant budget in a single year, boldly taking money intended for the poorest residents of an area where poverty is on the rise.

"In Banten, especially in the villages, you see things like dangling suspension bridges and roads full of potholes," Haji Asep, the chief of the village of Sangkanwangi – a typical community of several thousand in Lebak's Cimarga subdistrict – tells us over tea in his home. "Children have to pass through them every day to go to school."

One such bridge, in Serang, the provincial capital, collapsed into the Cibanten River last month, killing two people.

"Why is it so difficult to build this kind of facility for residents? I know the Banten government can afford the bridge, but they don't care," Ayib Najib, a member of the Banten provincial legislature, told the Jakarta Globe at the time.

Asep says many of the schools in the area have fallen into a state of dangerous disrepair. "The schools needs better maintenance," he says. "We hope some help will come, but the government is slow. We don't know if it is because the budget is not enough. We have proposed, asking for help many times. Yet until now, there is no realization."

He says that a conditional cash transfer program, which pays families small sums if their children attend school, provides some help, but that the schools themselves suffer from a severe lack of funding.

"Many school children come from a poor economic background," he says. "Their parents work odd jobs. Many are rubber tappers here. Their money is hardly enough to send their children to school. Yet they really want to get their children educated, they don't want them to stop schooling."

'Despite all difficulties'

We ask Asep to take us to the nearest school, but it's noon, so the building is already locked up for the day. He directs us north to the village of Sangkanmanik, where we visit a public primary school: SDN Sangkanmanik 1, which is tidy and clean, but in visible disrepair.

"A landslide occurred here on January 13," Sudirman, 32, a school administrator, tells us, pointing to a steep, muddy slope that ends right at the walls of one of the school's two low-lying buildings. Rohim, 32, the neighborhood unit head, says the landslide slammed into a classrom, destroying much of it – not for the first time.

"The landslide happened at night; in the morning we found out that the school was heavily damaged," he says. "But thank God there were no children inside when the incident happened. If the event took place in daytime, it would have been very dangerous for the children."

A similar landslide, he says, occurred during last year's rainy season. And just like last time, 50 villagers showed up the next day to repair the building and build a makeshift concrete landslide barrier, which they accomplished in one day, using their own funds.

"Because of the landslide, parents are very wary and concerned with their children attending school here," Sudirman says. "When it rains, everyone is told to leave the classrooms by the principal. We fear that a landslide might take place again if it rains. We have asked for the help of the subdistrict government and the subdistrict Executive Technical Unit [UPT], but there was no help in response."

The landslide barrier – barely waist-high and engineered by amateurs – is already beginning to crack in places.

"We fixed it using the villagers' money," Sudirman says. "We don't know why there isn't any financial help from the government... We ask for help every time a disaster hits us. But each time there's no response. We reported the landslide to the subdistrict government. They came here to observe the situation, but there was no follow-up."

He says the community has no recourse but to rely on its own minimal resources and hope for the best. "It has been like this for some time, since 2013," Sudirman says. "By rights, we should have gotten the funds from the district government. They promised it to us, but until now we've received nothing. I don't know why."

The school, he says, was once in better shape. "We used to have another classroom and a library, but they collapsed," he says. "The buildings were too old... The books that we have here have been reused for two to three years. School children don't own the books, the books are kept and used together in school."

The children seem mostly unfazed by the poor conditions, according to Sudirman. "They walk to get here," he says. "They travel as far as four kilometers to reach school. The roads around here are in bad condition... Yet the children are determined to come to school despite all difficulties. When it rains, they come with their umbrellas. When extra lessons are held, they attend."

We visit the school principal, Haji Kodir, in his comfortable home nearby, and he bears out Sudirman's account. "I have often sent proposals to the district government," he says. "I requested aid for school renovations and better infrastructure, but there was no response."

'All is well'

We head to the subdistrict education office, but we stop along the way at an inter-village girls' football match, where hundreds of spectators – two whole villages, more or less – cheer on their teams, who are playing barefoot in the mud.

"I love going to school," Renaldi, a seventh grader, tells us before returning to his perch atop a mound of gravel. "After I finish middle school, God willing, I want to become a policeman."

We arrive to find the education office locked, but in a warung (small shop) across the street we meet Gangsa, who says he is a supervisor in the subdistrict UPT, which oversees the development of schools under the purview of the Banten Education Office.

"We supervise 38 schools across 17 villages," he says. "All is well. The schools are progressing just fine. We have enough funds." He says he hasn't heard about any landslides. "We hope Cimarga will continue to do well in its education sector," he says.

'Fertile grounds for corruption'

"I think it is clear: in Banten, education is hardly the priority of the regional government," Indonesia Corruption Watch researcher Ade Irawan says. "Education is used by the dynasty for profiteering. If you look at the corruption cases in Banten, education is one of their main targets. There are many government projects related to education in Banten. They are fertile ground for corruption."

When corruption watchdogs refer to "the dynasty" in Banten, they are talking about detained corruption suspect Ratu Atut, who is still the governor, and her family. Nearly a dozen of her direct relatives hold political office in the province, and her brother, money-laundering suspect Tubagus "Wawan" Chaeri Wardana – married to South Tangerang Mayor Airin Rachmi Diany – has had almost 40 vehicles confiscated by the Corruption Eradication Commission (KPK) in recent weeks. He owns two private islands, his lawyer admitted on Monday.

Airin said in January that the couple's gaudy assets – which included a Lamborghini, a Ferrari and a Rolls-Royce; a large house and a mansion on lanes off Jalan Denpasar in Kuningan, South Jakarta; and at least 102 properties – "Come from Allah and belong to Allah."

ICW data show that companies owned by Ratu Atut's family have controlled public projects in Banten worth $100 million, and ICW alleges that the local government stole some 30 percent of the central government's allocation for community organizations and social aid programs in the province in one year alone.

While poverty fell in Indonesia between September 2012 and March 2013, it rose in Banten, and was especially high for a region so close to the capital.

Problems in Indonesia's education system extend far beyond Banten. In the most recent Organization for Economic Cooperation and Development's Program for International Student Assessment rankings, which looked at student aptitude in 65 countries, Indonesia placed 64th, ahead of only Peru. In the UK-based Pearson rankings, which looked at 40 countries in 2013, Indonesia came in dead last.

According to ICW's investigations, corruption is a major culprit, and in 2013, according to the NGO, Banten had a more corrupt education system than any other province in Indonesia.

Eko Endang Koswara, the head of the provincial education office, was arrested for corruption in 2010, and the education chief in Pandeglang district was detained for alleged corruption last year.

"If you look closely at the regional elections, you might find that the money meant for education purposes is being spent for political purposes," Ade says. "For instance, school operational funds are spent to purchase banners for the incumbents [seeking re-election]. We have our research; these things are proven."

He says multi-layered, endemic corruption harms the quality and accessibility of education, and, in some instances, the safety of students.

"In the southern regions of Banten, such as Lebak and Pandeglang, the availability of teachers and decent school buildings is a problem," he says. "If you look at the corruption pattern in Banten, there are a few layers.

"The first layer involves teachers. Here, teachers place illegal fees on school children. The excuses may include book purchases or exam fees.

"The second layer involves school principal. Here, the school operational fund [BOS] might be embezzled. It is not seldom that school budget funds are embezzled by the school principal. The third layer involves government officials at the education agency.

"The fourth layer involves high-level government officials. Projects related to school infrastructure and teaching facilities have been corrupted. The primary consequence of that is it lowers the accessibility of education to the public, especially to the poor. It makes it hard to be well-educated if you are born [in Banten]."

Although corruption can be found at nearly every link in the chain between the regional administration and its constituents, Ade says that corruption at the top causes the most harm.

"If the district leaders are clean and not corrupt, chances are the school principals and the rest will not be corrupt as well," he says. "Government officials are often hard-pressed to embezzle money for their bosses above them. Their jobs and positions are at stake should they fail to fulfill their bosses' corrupt demands."

'I would have died'

We head from the subdistrict education office to Bina Bakti, where we've heard from villagers that a school collapsed on Feb. 5, the day prior.

When we arrive at the site of SLTP Bina Bakti, a small private school with about 90 students that relies on government funding, all we find are remains. The walls still stand but the former classrooms are strewn with wreckage.

"It rained the whole day yesterday and the wind was strong," Ade, who helps run the school, tells us as we pick our way through the rubble. "The school suddenly collapsed at 6 a.m. Luckily, school had not started yet, so there weren't any children inside." He says classes are held in shifts in a neighborhood house for now, but he doesn't know of a plan beyond that.

"The school administration is confused now," he says. "We did receive school operational assistance funds from the government, but it is not quite enough. We hope the government can do more. Take pity on the school children here. The national exams will be coming soon, and they have no school to study in. Their parents are worried."

Nur, 35, the owner of a nearby warung, says her customers have dried up because the school is gone. "If possible, I hope the reconstruction of the school can be done speedily. We seek the help of the government," she says.

Her son, Angga, 13, standing beside his mother, surveys the ruins grimly. "Luckily, at the time it happened none of my friends were inside, nobody died," he says. "I was scared. If I were inside the building, I would have died."

[Alexandra Ellerbeck contributed reporting.]

Refugees & asylum seekers

Indonesia demands Oz halt boat people operation

Jakarta Post - February 21, 2014

Bagus BT Saragih, Jakarta – The Indonesian government has reiterated its demand for Australia to stop its border operation crackdown on boat people, following Canberra's revelation that there were at least six instances of Australian ships entering Indonesian territory during the operation.

However, the Indonesian authorities claimed there were five breaches instead of the six suggested by the Australian authorities' review released on Jan. 19, leaving the question of whether there were further infringements after Australia lodged its formal apology on Jan. 17.

"As I have said on some occasions in the past, territorial infringement for whatever reason is a very serious problem for the two countries' relationship.

"Indonesia is urging Australia to stop this operation that led to territorial breaches," Coordinating Political, Legal and Security Affairs Ministry spokesman Vice Marshall Agus Ruchyan Barnas told The Jakarta Post on Thursday, referring to Operation Sovereign Borders (OSB).

Agus confirmed that Australia, via its embassy in Jakarta, had sent a formal diplomatic note to the Foreign Ministry on Jan. 17, apologizing for the territorial breaches made by Australian ships.

In the diplomatic note, Agus said, Australia had admitted to having "inadvertently" entered Indonesian waters in five out of six "boat turn- back operations" carried out by Australia, namely on Dec. 12, 22 and 25 last year, as well as on Jan. 1, 6 and 7 this year. But Agus said he did not know which five out of the six had resulted in border trespassing.

The joint review, conducted by the Australian Customs and Border Protection Service and the Australian Defense Force, found that Australian vessels "inadvertently entered Indonesian waters on six occasions" in connection with OSB from Dec. 1 to Jan. 20.

Agus refused to comment on the differing data in the diplomatic note and the internal Australian review. He also declined to speculate on whether there could have been more breaches in the period between Jan. 17, when Australia formally lodged its apology, and Jan. 20, which was the end of the joint review's time frame.

"Australia's clear policy is to not breach Indonesia's territorial waters. We have given a clear commitment that we will be ensuring strict compliance with this policy, to ensure there will be no recurrence of these events, which we deeply regret," Australian Immigration and Border Protection Minister Scott Morrison said on Jan. 18.

Also on Thursday, Australian Defense Force chief Gen. David Hurley admitted that Jakarta-Canberra military relations were at a "go-slow" point after the navy had repeatedly breached Indonesian waters.

He said he had briefed his Indonesian counterparts on the findings of the review. "Like us, they're disappointed that it occurred, but they understand how it may have occurred," he told ABC radio as quoted by AFP.

"At the end of the meeting, particularly between the chiefs of navies, there was an agreement that this was an accurate summary of what had occurred and they're accepting of that explanation."

OSB aims to repel boats carrying undocumented migrants largely coming from Indonesia – a hard-line policy that has stoked tensions between the two countries.

Canberra claimed no such boats had arrived for several weeks thanks to the operation, but Indonesian Foreign Minister Marty Natalegawa expressed regret over "the consequences for the [Indonesia-Australia] bilateral relationship".

Hurley conceded that the incident had weighed on relations already strained by a spying row late last year and a second surveillance controversy this week – both of which arose from leaks by US intelligence fugitive Edward Snowden.

Indonesia suspended cooperation in a number of areas including people smuggling and military exercises over last year's revelations that Australia had attempted to tap the phones of President Susilo Bambang Yudhoyono, his wife and several top officials in 2009.

Australian Foreign Minister Julie Bishop said Australia and Indonesia were "facing some challenges [...] and the Australian government will do what it can to resolve them".

Bishop said progress had been made on a code of conduct between the two countries, stipulated by Indonesia as a condition of restoring relations, with Australia waiting to receive feedback on a first draft.

"We had a very long conversation only last week and it was a very fruitful, very productive discussion," she said after talking to Marty. "Our relationship across a whole range of areas, some 60 or more areas of engagement, continues to flourish."

Graft & corruption

Government, lawmakers push criminal court revision that weakens KPK

Jakarta Globe - February 20, 2014

Jakarta – Indonesia's justice minister has played down a set of recommendations drawn up by the Corruption Eradication Commission in response to ongoing deliberations in the House of Representatives on revisions to the criminal code, which the antigraft body sees as undermining the nation's fight against corruption.

"That cannot happen. Such a thing has never happened before," Justice and Rights Minister Amir Syamsuddin said on Thursday evening, when asked whether it was possible for the government to revoke the draft of the revised criminal code.

"This is a draft law that is dozens of years old. It materialized in my era and was handed to the House of Representatives. It can't just be revoked, because it will have to follow the steps and procedures, and none of us are in the slightest rush."

Amir said the government is scheduled to meet with the Corruption Eradication Commission (KPK) in a special meeting today to discuss the issue, a meeting he cited as necessary to align the different opinions.

The KPK handed a letter to the government earlier this week in response to the draft bill, which it says puts the institution at risk of being disbanded.

Offenses such as corruption, terrorism and drug trafficking are all listed as "extraordinary crimes," in Indonesia, a classification that allows them to remain outside the standard criminal code and under the authority of a dedicated law-enforcement body.

By removing the crimes' special status, lawmakers could limit the authority of bodies such as the KPK, eventually making them redundant, Abraham Samad, chief of the antigraft body, said on Wednesday.

"If these violations are not categorized as special crimes, [then] competent institutions, such as the KPK, PPATK [Financial Transaction Reports and Analysis Center] and BNN [National Narcotics Agency], would lose their functions and risk being disbanded," Abraham said in a press statement.

The KPK reportedly has reason for concern. The House's revised criminal code not only places the prosecuting of corruption under the authority of the police – an organization seen as one of the nation's most corrupt – but it severely limits the KPK's powers, restricting its authority to wiretap suspects or conduct preliminary investigations.

The antigraft body sent letters to President Susilo Bambang Yudhoyono, House lawmakers and the committee tasked with drawing up the criminal code, protesting the proposed changes.

Not enough time

KPK deputy chairman Zulkarnain argued that there was not enough time left before the April legislative election to adequately debate the bill.

"Ongoing deliberation on the revisions has to be done thoroughly and fulfill the needs for such changes. In reality, there are only 100 working days for lawmakers at the parliament, which makes it impossible for serious talks in such a short period, taking into consideration that the draft has over 1,000 articles," the KPK's letter read.

Zulkarnain urged the House to hand the project over to incoming lawmakers after the election.

"If the deliberation of these two bills is not thoroughly performed, we will not be able to obtain a substantial result," he said.

Additionally, in its letter, the KPK also emphasized that in discussing the revisions, it was necessary for the House of Representatives to involve all related public entities, such as law-enforcement officers, academics and other relevant groups.

Responding to the KPK's calls, Muladi, a member of the committee tasked with revising the criminal code, said it was not within the antigraft agency's jurisdiction to demand for an end to the deliberations.

Like the justice minister, Muladi also called on the KPK to respect the House's deliberations as it was ordered by President Susilo Bambang Yudhoyono.

President Yudhoyono himself is general chairman of the Democratic Party, which in the past few years has seen many of its top officials implicated in various cases of corruption, investigated by the KPK.

"The KPK... must respect the president's authority, because he handed that [revision] to us and it is approved by the House as a legislature program," Muladi was quoted as saying by Kompas.com on Thursday.

He added that the KPK should also take into account that lawmakers have started putting together revisions to the criminal code 40 years ago, before the KPK was formed and that the revisions have indeed involved both Indonesian and international law experts.

"We are ready to debate [the revision] in a forum. The KPK cannot just force [their opinion] and threaten to disband themselves. We were the ones who rejected the disbandment of the KPK back when there were entities calling for such a move," he said.

Common principles

Muladi also said it was impossible for the House not to include extraordinary crimes, such as corruption, if the criminal code as the code covered every act of crime and it was based on common principles and values.

He insisted that the revisions to the criminal code did not undermine the KPK, adding that the parliament had also taken several articles on cases of corruption out of the criminal code to be implemented on the Corruption Acts Law, which is also being deliberated. "So both of them will support one another and synergize," he said.

Several lawmakers have spoken in favor of the KPK. "I have a similar view. Even with the KPK's existence, there remains plenty of corruption cases. Without the KPK's authority to wiretap, the case of [former Constitutional Court chief] Akil Mochtar wouldn't have been uncovered," House Deputy Speaker Pramono Anung said on Thursday, adding that the KPK's concerns reflected that of the public.

"The way I see it, the KPK is still very much needed. [Even] with their current authority, there are many other cases the KPK cannot solve," Pramono said.

Marzuki to KPK: Don't probe graft for a month

Jakarta Globe - February 18, 2014

SP/Novianti Setuningsih, Jakarta – Indonesia's outspoken House of Representatives speaker Marzuki Alie accused the Corruption Eradication Commission (KPK) of political cherry-picking in its decision to seek a travel ban against a senior member of the ruling Democratic Party – the usual precursor for naming an individual a suspect in a corruption case.

Marzuki, himself a top Democrat, said in Jakarta on Monday that the timing by the KPK, less than two months before the April 9 legislative election, was highly suspicious. "We respect the law, go ahead, but we hope the KPK isn't being biased or politicizing [the matter] ahead of the election," he said.

The KPK last week successfully had a travel ban imposed on Sutan Bhatoegana, the chairman of House Commission VII, which oversees energy, in connection with a bribery case involving Rudi Rubiandini, the former head of the country's upstream oil and gas regulator, SKKMigas.

Rudi, accused of taking bribes from a Singapore-based oil trading company, has testified at his trial that he was compelled to do so after Sutan demanded $200,000 in kickbacks from him.

Marzuki, in defending his party colleague, said the KPK should focus on resolving outstanding cases rather than starting new lines of inquiry.

"Better not to add [new cases] for this whole month as it might give the impression that the KPK is playing a part in politics, which could be dangerous," he said.

"I hope our friends at the KPK understand this. Back when they were running to become leaders of the KPK, they were all friendly with [House] politicians, and now they're all uppity."

Sutan said separately that he had been told by Syarif Hasan, the Democrats' executive chairman, not to comment on the case. A travel ban is typically issued before the KPK names an individual a suspect.

Speaker urges SBY to block corruption prosecutions

Jakarta Post - February 17, 2014

Jakarta – House of Representatives Speaker Marzuki Alie has called on President Susilo Bambang Yudhoyono, who is also chairman of the ruling Democratic Party, to use his executive power to stop the prosecution of numerous graft cases implicating the party's politicians.

Marzuki, who is also the deputy chairman of the party's High Assembly, said that the graft prosecutions had gone too far and were politically motivated to ruin the reputation of the ruling party.

"Currently, this legal mafia is running riot and is making a political intervention," said Marzuki on Sunday, referring to the Corruption Eradication Commission (KPK). "There are just too many graft cases and unfortunately our party chairman has not intervened."

He added that intervention by Yudhoyono would be justified. "The executive can intervene if the law has been abused."

Marzuki also warned that Yudhoyono's inaction could put the country's democratic process at stake. "Party cadres have been criminalized and this is very dangerous. This political mafia could threaten the next election," he said.

Recently, many senior Democratic Party politicians have been implicated or arrested in graft cases. Democratic Party House lawmakers Sutan Bhatoegana and Tri Yulianto were recently slapped with overseas travel bans by the KPK and could soon be charged in connection with a bribery case in the oil and gas sector.

Sutan and Tri, who sit on House Commission VII overseeing energy and natural mineral resources, were recently questioned by KPK investigators concerning bribery suspect, former Energy and Mineral Resources Ministry secretary-general Waryono Karno.

The bribery case has also implicated senior Democratic Party politician Jero Wacik, who is also the energy and mineral resources minister. Jero has been accused of, among other things, joining a scheme to illegally obtain hard cash to pay for the Democratic Party presidential primary.

Additionally, in January the KPK locked up former party chairman Anas Urbaningrum for his alleged role in the Hambalang sports complex graft case. The KPK has accused Anas of taking a bribe from PT Adhi Karya, a state-owned contractor involved in the project.

Also in the Hambalang case, the antigraft body earlier arrested the Democratic Party's Andi Alfian Mallarangeng, the former youth and sports minister. Andi has been accused of embezzling project construction funds.

Last year, the Jakarta Corruption Court jailed former Democratic Party board of patrons member Siti Hartati Murdaya for 32 months for bribery. Hartati was accused of offering Rp 3 billion (US$353,571) in kickbacks to Amran Batalipu, the former regent of Central Sulawesi's Buol regency.

Freedom of religion & worship

Residents opposed to 'illegal' church project

Jakarta Post - February 21, 2014

Ansyor Idrus, Palembang – Certain residents in Talang Kelapa subdistrict, Alang-alang Lebar district in Palembang, South Sumatra, were up in arms Thursday over the construction of a Huria Batak Protestant Church (HKBP).

The protesters said the project lacked the relevant permits from the Palembang municipality and Religious Affairs Ministry. Rally coordinator Muhammad Syueb, 41, said residents were not against the church per se as long as the project went through the right process.

"We were invited by the municipality to attend a discussion with the HKBP management on Feb. 25, but on Feb. 17 they had already laid the building's cornerstone," said Syueb during the protest.

According to Syueb, residents were made aware of the application to build the church in August 2010. The construction committee had met residents in the neighborhood and asked for their signature of approval. "However, what we don't like is that they offered things in return for permission," said Syueb.

According to local resident Rustam, 49, he had first heard that the location would make way for a baseball field, but that changed to a housing complex for members of the Methodist community.

Member of the congregation Yohannes P. Simanjuntak denied the allegations. "Also, the cornerstone laying was not for the church. It was for our reverend's house," Yohannes said. He said the congregation, which currently met at a shop, needed a new church to accommodate its 2,000 members.

Alang-alang district chief Lebar Sulaiman Amin said he had received the application for the building permit. "We are waiting for approval from residents and recommendation from the Religious Affairs Ministry," said Amin.

According to him, the district is home to around 4,200 Christian residents, which is 5 percent of the 84,000 people in the district.

Muhammad Sueb, from the ministry's Alang-alang Lebar district office, said he would approve the church project provided it was adhered to procedures and was approved by local residents. "There is no problem from the government. If they wish to build a church, please do, but get permission from the local residents first," said Sueb.

Objections to the construction of churches has increased in recent years. Intolerant groups have out a stop to the development of HKBP Filadelfia and GKI Yasmin in Bekasi and Bogor respectively, both in West Java for similar reasons.

In 2010, the Supreme Court ruled that the GKI Yasmin congregation had the right to build a church in the area. However, Bogor mayoralty administration rejected a building permit and the building was sealed in the same year.

Islamic law & morality

Woman rejected as district head in Tangerang

Jakarta Post - February 16, 2014

Tangerang – Dozens of people claiming to be residents of Sindang Jaya district, Tangerang, have rejected the assignment of Endang Sulistyawati as district head because she is a woman.

Endang was inaugurated last week by Tangerang Regent Ahmed Zaki Iskandar, replacing the late Abdul Hijjah.

"The MUI [Indonesian Ulema Council], NU [Nahdatul Ulama] and the community leader here reject [Endang] because the law of Islam prohibits women from holding leadership positions," said Bai Tohawi, head of the MUI's Sindang Jaya chapter, in a rally on Saturday.

He said that a number of Islamic boarding schools were located in the district, which produced strict adherents of Islamic law who demanded a male leader.

"We have sent text messages and called the regent and the regional secretary [to replace Endang]. We will stage a rally on Monday if they don't respond," Bai said.

Commenting on the protest, Ahmed said he urged the Sindang Jaya community to be more open-minded. "Nowadays, there are many women leaders. As long as they can do their jobs well, what's the problem," he said.

This is not the first time local people have voiced an objection to a woman district leader.

Last July, demands were made for Susan Jasmine Zulkifli, subdistrict head of Lenteng Agung in South Jakarta, to step down from her post. The local community submitted a list of 2,300 names and photocopies of 1,500 identity cards to support their petition, arguing that it made no sense to have a non-Muslim leader in a Muslim- majority area.

Both Jakarta Governor Joko "Jokowi" Widodo and Deputy Governor Basuki "Ahok" Tjahaja Purnama stood by their decision to hire Susan, saying that she had passed all the tests asked of her and was doing a good job.

Armed forces & defense

US arms TNI as China Sea simmers

Jakarta Globe - February 21, 2014

Tony Ng, Jakarta – The United States plans to help modernize Indonesia's military, including provisions for training and equipment, amid heightened tensions in the South China Sea, where China is laying claims to disputed waters.

US Ambassador to Indonesia Robert O. Blake Jr., at a press conference hosted by the Jakarta Foreign Correspondents Club on Thursday, said that the US government would continue to assist the Indonesian Military (TNI) with bilateral exercises and supply it with modern equipment.

"We've had a growing scope of bilateral exercise with the Indonesian military, and we're very pleased with that," Blake said, in response to a question about what the US is doing to help Indonesia's security. "We have excellent security cooperation now between our two countries. We're working to help Indonesia modernize its military, helping Indonesia with all kinds of training and other equipment needs, and we're excited about the prospects."

Indonesia has been making plans to increase its purchases of military hardware from abroad, including submarines from Russia and South Korea. It will also buy equipment from France and Britain, and eight Apache attack helicopters valued at $600 million from the United States. Those will arrive in separate shipments through 2017, according to Antara.

China has been exerting its influence beyond its shores, with warships patrolling the South China Sea, in areas that it believes are part of its territory and not those of neighboring nations such as Vietnam and the Philippines. The South China Sea potentially has vast crude oil and natural gas deposits.

Some leaders across the region have been alarmed by the increase in China's activity in disputed waters. Philippine President Benigno Aquino recently compared China's naval forays to Nazi Germany's military expansionist activities that led to World War II.

Blake, though, says that China is within its rights in conducting their latest activities, on the basis that certain areas of the South China Sea are open for use by any nation.

"I would say first of all those are international routes that any navy can use, including ourselves that can do that, so we don't consider that a particular provocation," Blake said.

Aleksius Jemadu, dean of the School of Social and Political Sciences at Pelita Harapan University, said that the US saw Indonesia's growing economy and increased military budget as a target market for selling it military technology.

"The US doesn't want to get left behind, the market is growing very fast and looking at the coming years, it wants to use its [Indonesia's] market for selling weapons," Aleksius said.

He said that while the US would profit from such sales, it wanted to see stability in this part of the world and envisioned Indonesia playing a big role in achieving that. Still, growing nationalistic attitudes from East Asian countries such as China and Japan could undermine stability in the region, he said.

"Indonesia plays a role in keeping military security in Southeast Asia, and nationalism is on the rise. In Japan and China, with their disputes over the East China Sea, it is a threat to stability to the region as a whole," Aleksius said.

He said that Indonesia still needed to modernize its military, as it had fallen behind the military spending of neighboring countries with much smaller borders to protect.

"Indonesia needs to modernize its system because over the last few years, the budget is not high compared to other Southeast Asian nations. It's lower than Singapore and Malaysia," he said.

Hikmahanto Juwana, professor of international law at the University of Indonesia, echoed Aleksius's opinion. "This is the right thing to do because of what is happening in the South China Sea and the region," Hikmahanto said.

Despite China's recent naval explorations in the region, Hikmahanto said Indonesia's real concerns were with Australian border patrol boats encroaching into Indonesian waters. The Australian government's much- criticized hard-line stance against asylum seekers has seen its navy repeatedly breach Indonesian waters.

"It's difficult to say if China broke laws, but the Australians have breached Indonesian territorial waters. The Indonesian government would want to hold multilateral talks to resolve this issue. I think that any issue that has to do with the asylum issue is a bilateral issue between Australia and Indonesia," Hikmahanto said.

Judicial & legal system

PD, PPP lawmakers touted as Constitutional Court justices

Jakarta Post - February 19, 2014

Ina Parlina and Margareth S. Aritonang, Jakarta – Politicians are now competing to grab a seat at the Constitutional Court (MK) after the court last week controversially repealed a government regulation in lieu of law, or Perppu, barring politicians from becoming justices at the court.

The court, which is tasked with adjudicating election disputes, will see two seats become vacant in the next few months: One was left empty by the exit of former chief justice Akil Mochtar, who was arrested on bribery charges last year. Justice Harjono, meanwhile, will leave office in March.

Observers said the House of Representatives and the government should immediately appoint new justices before the legislative election in April or it would risk jeopardizing the constitutionality of election results.

As of Tuesday, the names of several lawmakers have been touted. One is Benny K. Harman from the ruling Democratic Party (PD), which fully supported President Susilo Bambang Yudhoyono's move to issue the Perppu, which would have protected the court from political influence.

Benny, the former deputy chairman of House Commission VI overseeing trade and industry, was once head of the Commission III overseeing law and human rights, Lawmaker Harry Wicaksono, of the same party, said the party abided by the court's ruling as it was "final and binding".

"Therefore, we will obey it," Harry said on Tuesday. "There are many politicians [...] who have the capacity. For example, Dimyati and Benny. Benny once led the House's legal commission, a doctor and a politician with integrity," he said, referring to Dimyati Natakusumah from the Islam-based United Development Party (PPP).

During the deliberation at last December's plenary session, 221 of 369 lawmakers at the sessions supported Yudhoyono's Perppu, which was issued in the wake of Akil's arrest.

Benny said he would consider the support from the fellow lawmakers, including from Sarifuddin Sudding of the People's Conscience (Hanura) Party and the PPP's Ahmad Yani. "It is a challenge; I have suitable skills," Benny said.

In its ruling, the court argued that the Perppu provision for a candidate to not have had links with a political party for at least seven years was based merely on "stigmatization" after Akil's scandal. Akil is a former Golkar Party politician.

The government said that although it opposed the ruling it would respect it. It said the Perppu aimed to ensure the court was free from practical political interventions and interests.

The controversial ruling also sparked criticism from legal experts and activists. "We are now back to square one in our attempt to reform the court," Erwin Natosmal from the Indonesia Legal Roundtable said.

There were six non-politician justice applicants this year, including two that applied last year – Gunung Jati State Islamic University sharia lecturer Sugianto and Indonesia Islamic University law lecturer Ni'matul Huda.

The other candidates are the Law and Human Rights Ministry's former director general for legislation, Wahiduddin Adams, who often represented the government in many judicial review cases at the court; and notary and legal practitioner Franz Astani.

Foreign affairs & trade

Indonesian telecoms deny US, Australia wiretapping

Jakarta Globe - February 19, 2014

Markus Junianto Sihaloho, Jakarta – A minister has threatened to punish Indonesian telecommunications companies if found to be complicit in allowing US and Australian intelligence agencies access to customers' communications, amid new spying revelations in documents leaked by whistle-blower Edward J. Snowden.

Communications Minister Tifatul Sembiring said in Jakarta on Tuesday that any operators involved in the alleged wiretapping by the US National Security Agency and the Australian Signals Directorate "will be closed immediately."

"That includes the state-owned ones," he said, referring to Telkomsel, majority-owned by the Indonesian government, and Indosat, in which Jakarta holds a minority stake. "No one is above the law," he said.

Tifatul said he had ordered an immediate investigation into the wiretapping allegation and would work closely with the Ministry of Foreign Affairs on the matter.

Communications Ministry spokesman Gatot S.Dewa Broto said separately that officials would seek explanations from Telkomsel and Indosat if the investigation showed any indication that the companies were complicit in the spying on their own subscribers.

"If the report indicates their involvement, the ministry will immediately launch an investigation and ask the operators to submit a written report," he said.

The furor, the latest over spying allegations by the United States or Australia against Indonesia, stems from a report in The New York Times, citing documents leaked by former NSA contractor Snowden, that reveals how US and Australian intelligence shared "broad access to the Indonesian telecommunications system."

"The NSA has given the Australians access to bulk call data from Indosat," according to a 2012 agency document, The New York Times reported.

It added that Australia had "obtained nearly 1.8 million encrypted master keys, which are used to protect private communications," from Telkomsel, "and developed a way to decrypt almost all of them, according to a 2013 NSA document."

Denials

Telkomsel, with 123 million subscribers, is Indonesia's biggest wireless carrier, while Indosat, with 55 million, is the second biggest. The companies have denied any involvement in the alleged wiretapping or submission of subscriber communications to a third party without a warrant.

"We have always complied with the regulations and laws," Adita Irawati, the vice president of corporate communications at Telkomsel, told the Indonesian news portal Vivanews.com.

She said Telkomsel had signed a memorandum of understanding with Indonesian law enforcement agencies on complying with national regulations about intercepting communications. "We comply with the special regulation on interception as stipulated under the law," Adita said.

Indosat President Director Alexander Rusli also said his company complied with the law on intercepting communications, adding that Indosat had implemented a high level of network security to protect subscriber communications. "Indosat also manages and operates its networks itself and does not adopt a network outsourcing system," he said in a press release.

'Soft target'

But Ichsanuddin Noorsy, a public policy expert at the University of Indonesia, said it was conceivable that a "backdoor" program had been installed in the carriers' networks that allowed the data to be siphoned without officials at Telkomsel or Indosat finding out.

"Telkomsel in particular is a soft target because its billing system was developed by an Israeli company, Amdocs," he said on Tuesday. "This backdoor strategy by a software vendor could have been the way in."

He warned that Indonesian companies would remain vulnerable to such practices as long as they kept relying on foreign technology, and pointed to China and its investment in secure, homegrown technologies as the kind of example that Indonesia should be following.

"Not only do we not have a robust security system for our technology, but we leave ourselves open to wiretapping through our use of foreign software," Ichsanuddin said.

He also said that part of the problem was that Indonesian phone and Internet users were in general not as concerned about privacy as their peers in the United States, noting that when similar revelations emerged last year that US carrier Verizon had handed over subscriber data to the NSA, there was a huge public outcry.

"They protested against the NSA and they went on to develop encryption technology to thwart the NSA," Ichsanuddin said, adding that such a breach of privacy would not cause much of a ruffle among Indonesian mobile subscribers.

Harsh statements

Politicians have demanded a strong response from the government to the latest spying claim, with Foreign Minister Marty Natalegawa coming in for praise for taking a hard-line with Australia over its role in another espionage scandal.

"The minister's statements of late have been quite harsh, but that's what Indonesia needs to do to determine once and for all whether we are a friend or a foe to these other countries," Pramono Anung, a deputy speaker of the House of Representatives, said on Tuesday. "This isn't about something that an individual or a group is doing. The government has to take a broad approach to it."

Marty was unflinching in a statement on Monday over allegations that the Australian Signals Directorate had listened in on phone calls between Indonesian officials and their US lawyers representing Jakarta in a trade dispute with the United States last year.

"I find it extremely difficult to comprehend how talks between the US and Indonesia on shrimp has any direct or indirect implication on Australia's security," he said at a joint press conference in Jakarta with John Kerry, the visiting US secretary of state. "Just because you can doesn't mean you should."

The allegations, also stemming from a report in The New York Times that was published as Kerry arrived in Jakarta over the weekend as part of his Asian tour, cited documents released by Snowden as showing that the Australian Signals Directorate had offered to share the communications, including possibly "information covered by attorney-client privilege," with the NSA.

It was not immediately clear whether the NSA accepted the Australian offer or what the dispute in question was about, but at the time of the 2013 NSA bulletin Indonesia was embroiled in a dispute over a US ban on sales of clove cigarettes, and US claims that shrimp from Indonesia were being sold below market prices.

The US later dropped its claim in the shrimp case, while the World Trade Organization has referred the clove cigarette case to arbitration.

Australia has declined to comment specifically on the allegation, but Prime Minister Tony Abbott has justified his government's intelligence gathering as being "for the benefit of our friends."

Indonesia slams Oz, silent over US

Jakarta Post - February 18, 2014

Margareth S. Aritonang, Jakarta – Foreign Minister Marty Natalegawa slammed Australia over another surveillance revelation on Indonesia, conducted this time in cooperation with the United States government, calling it "excessive".

Marty blasted the Australian government for going too far in a joint spying operation on Indonesia during a trade dispute with the US and offering to share back room information with the US, as revealed by the International New York Times on Sunday.

In the Times piece, based on a top-secret 2013 document provided by former US National Security Agency (NSA) system analyst Edward Snowden, the Australian Signals Directorate assisted the surveillance of trade disputes between the US and Indonesia over exports of clove cigarettes and shrimp in recent years.

Marty said that he was not sure how snooping on a trade spat could relate to security. "I have come across statements that Australia collects intelligence to save Australian lives, the lives of other people and to promote Australian values," Marty said.

"Those are well understood as a general outlook, but I must say I find it mind-boggling: How can I reconcile discussions about shrimp and the impact on Australian security."

Marty was responding to a statement from Australian Prime Minister Tony Abbott, who, following the report's publication in the Times, said that his government used intelligence material "for the benefit of our friends" and "to uphold our values".

Marty expressed his disappointment of Australia's eavesdropping operation during a joint press conference with his American counterpart John Kerry. Earlier in the day, Marty and Kerry signed agreements on South-South and Triangular Cooperation and on Combating Wildlife Trafficking and Promotion of Wildlife Conservation.

With Kerry standing next to him during the press conference, Marty was silent over the role of the US in the surveillance operation. Instead, Marty delivered an apology for addressing the spying allegation during a bilateral forum between Indonesia and the US.

Marty said that the revelation about an information sharing program between Australia and the US did not have a direct impact on the superpower country. He went on to further blame Australia for souring the good relationships with Indonesia.

Ties between Jakarta and Canberra have taken a turn for the worse following the revelation that Australia's electronic intelligence agency, the Defence Signals Directorate (now called the Australian Signals Directorate) had spied on President Susilo Bambang Yudhoyono's inner circle. Strained relations were further damaged with Australia's undocumented-migrant related "turn back the boats" policy, which Marty repeatedly criticized as "unhelpful".

"Neighbors like Indonesia and Australia should be looking out for each other, not turning against each other," Marty said. "We should be listening to one another – not listening in on one another. And I think that it is very important to find the distinction between the two," he said.

Meanwhile, when asked for the US' response over the surveillance operation, Kerry spoke about the US government efforts to reform the country's intelligence-gathering operations, convinced that the US protected privacy.

"We take this issue very seriously, which is why President Barack Obama laid out a series of concrete and substantial reforms," he said.

Kerry also touched on allegations that spying gave US companies a commercial advantage. "The United States does not collect intelligence to afford a competitive advantage for US companies or the US commercial sector," Kerry said.

In a statement to the Associated Press, the NSA earlier said Sunday it "does not ask its foreign partners to undertake any intelligence activity that the US government would be legally prohibited from undertaking itself".

Speaking to reporters after the press conference, Marty defended his position for not pressing the US harder on the issue: "The difference is that the US has undertaken a broad review of the intelligence gathering activities."

Indonesia: Australia and US need to clean up their mess

The Guardian (Australia) - February 16, 2014

Oliver Laughland and Bridie Jabour – Indonesia has said Australia and America need to "clean up their mess" to salvage relations with Indonesia after revelations that Australia spied on a law firm representing Indonesia in a trade dispute.

New documents from whistleblower Edward Snowden reveal that the Australian Signals Directorate (ASD) spied on an American law firm representing Indonesia in a trade dispute and offered the information to America, the New York Times reported on Sunday.

Indonesian presidential adviser and spokesman on foreign affairs, Teuku Faizasyah, said the president had been advised of the revelations by foreign minister Marty Natalegawa.

"Indeed, it is another perplexing revelation of spying toward Indonesia's national interest," he told Guardian Australia via text message. "I wonder what more Snowden has in store? Therefore, it is the responsibility of countries (US & Australia) engaged in this complicity to clean up the mess, to salvage their bilateral relations with Indonesia."

Prime minister Tony Abbott said it was a longstanding practice of all Australian governments not to comment on intelligence matters, but that the country did not spy for commercial purposes.

"I also make the point that we do not use anything that we gather as part of our ordinary security and intelligence operations to the detriment of other countries," he said.

"We use it for the benefit of our friends. We use it to uphold our values. We use it to protect our citizens and the citizens of other countries and we certainly don't use it for commercial purposes."

American secretary of state John Kerry is visiting Indonesia this week and while Indonesia was planning to raise concerns about Australia's naval incursions into Indonesian waters, the surveillance revelations may also be included in talks.

Negotiations are ongoing between Australia and Indonesia to set up a code of ethics between the countries after Guardian Australia and ABC reported last year that Australia had tapped the phone of Indonesia's president and his inner circle, including his wife.

The documents used in the latest reports came from whistleblower Edward Snowden and also revealed that Americans "mentored" Australians on how to crack encrypted communication used by Papua New Guinea in 2003 and that America had given Australia access to mass cell data from Indonesia, which included information on officials working in ministries.

Greens senator Scott Ludlam said Australia was being used for corporate and economic surveillance that had nothing to do with national security. He said the latest documents were helping expose how enmeshed Australia is in a global surveillance network and in helping other countries to circumvent their own laws.

"This uncovers the degree to which agencies and surveillance powers are being used for economic and corporate espionage, which has nothing to do with national security," he said.

He said federal politicians from both sides in Australia refused to discuss the extent of surveillance, acting as if a "bomb is going to go off" even when the spying has nothing to do with potential threats.

"I suspect this is going to further degrade the trust between Indonesia and Australia," he said. "... this is not targeted espionage, this is not breaking up terror cells, it's wholesale vacuuming of metadata involving ordinary people and it is not clear to me, or many people, how this improves the ability to find people who are legitimate intelligence targets."

Opposition leader Bill Shorten also would not comment specifically on the allegations, but said the government "needs to slip into fifth gear" to rebuild the relationship with Indonesia.

"I want to take a bipartisan tone here. Security matters I don't comment on, that is the convention that is appropriate," he told reporters in Adelaide.

"In terms of the general implication about our relationship with Indonesia separate to the security matters, I am concerned that in the course of five and a half months Tony Abbott has taken our relationship with Indonesia from hero to zero. Indonesia is an important part of our neighbourhood and I think the government needs to do everything it can to build bridges with Indonesia, and that should be a foreign policy priority."

The subject of trade discussions monitored by ASD is unclear, but two disputes around that time involved the importation of clove cigarettes and shrimp to the US, according to the New York Times.

A monthly bulletin from the NSA's liaison office in Canberra said the ASD was monitoring the talks and offered to share any information with the US. It offered up that "information covered by attorney-client privilege may be included".

Liaison officials asked for guidance for Australia from the NSA general counsel's office on the surveillance. The bulletin did not specify what the guidance was, but said Australia was "able to continue to cover the talks, providing highly useful intelligence for interested US customers".

In addition, a 2012 document revealed that America and Australia share access to Indonesian telecommunications. The NSA has given Australia access to bulk data collected from Indosat, one of Indonesia's largest telecommunications networks. This includes data on Indonesian government officials in a number of departments.

The ASD has also obtained 1.8m encrypted master keys from the Telkomsel mobile telephone network in Indonesia and has decrypted almost all of them, according to a document from last year.

According to a separate document, the US sought to "mentor" Australia to break the encryption codes used by the armed forces in Papua New Guinea and another document reveals the NSA and ASD run an intelligence facility in Alice Springs, where half the personnel are from the NSA with particular focus on monitoring Indonesia and China. It is known that Australia and the US jointly run a defence facility near Alice Springs named Pine Gap.

Ludlam said a senate inquiry had already been approved to look into surveillance but more needed to be done.

"In Australia there is not a lot being done while around the world, such as in America, there is a very sophisticated and profound debate occurring about whether the actions of the NSA are appropriate or not," he said. "In Australia, however, there is just this cartoonish refusal to talk about it at all."

He said Australia in particular had to look at surveillance in an international context and whether systems were being undermined. "It is hard to crack the bipartisan silence on this issue," he said.

Ludlam's comments and the latest Snowden revelations come after attorney general George Brandis launched an attack on both in the Senate last week. Brandis said the senator celebrated "the American traitor Edward Snowden", arguing the disclosures about western intelligence gathering has "put Australian lives at risk".

Brandis asked in parliament how Ludlam could hold his head up high while honouring the former US National Security Agency contractor's "criminal conduct and treachery".

The trigger for the criticism was a question from Ludlam about "indiscriminate government surveillance" and whether the government recognised the legitimate concerns of Australians and the need to follow the US in reforming intelligence practices.

Mining & energy

Hundreds protest mining activities

Jakarta Post - February 20, 2014

East Manggarai – Hundreds of residents of Elar, Sambirampas and Lambaleda districts demonstrated in front of the East Manggarai Council building, East Manggarai regency in East Nusa Tenggara, to reject mining activities in their respective areas.

Rally coordinator Heribertur Kawur said the 37,107 hectares of mining concessions had reduced productive farmland and damaged water resources in the area.

"We demand that the government revoke the licenses of mining companies in the regency," he said without mentioning any company names.

Economy & investment

Foreign debts slow in 2013 on lower GDP growth

Jakarta Post - February 21, 2014

Tassia Sipahutar, Jakarta – Indonesia posted slower growth in its total foreign debts – in both the public and private sectors – throughout 2013 as the country's economic growth decelerated.

According to Bank Indonesia's (BI) latest statistics, which was published on Thursday, the total amount of foreign debt rose 4.6 percent year-on-year to reach US$264.06 billion, whereas in 2012, foreign debt surged 12 percent.

Hendy Sulistiowati, the executive director of BI's statistics and monetary department, said that the result was in line with the slowdown in Indonesia's gross domestic product (GDP) growth. In 2013, GDP stood at 5.78 percent, while the previous year, the country managed to post domestic growth of 6.23 percent.

The statistics show that 53.2 percent of the total foreign debt was down to the private sector, which is composed of banks and non-banking institutions, and the remaining 46.8 percent was booked by the public sector, which consists of the government and BI.

"The economic slowdown caused the private sector to book $140.51 billion in foreign debt, rising only 11.3 percent, while in 2012, it posted a higher growth rate of 18.3 percent," she told reporters during a media briefing. The economic slowdown affected the public sector even more as its foreign debt dropped 2 percent to $123.55 billion.

In terms of business segments, finance-related services dominated the private sector's foreign debt as they accounted for 26.2 percent of the figure, followed by manufacturing with 20.4 percent, and mining and drilling with 18.3 percent.

"However, despite making up the biggest part, loan growth in finance- related services actually decelerated from the previous year," she said. "On the other hand, mining became the business segment that posted the highest growth."

The statistics also reveal that US dollar-denominated debts remain the most preferred loans in both private and public sectors. US dollar debts amounted to 70.5 percent of the country's total foreign debts.

With the latest foreign debt results, Indonesia's debt-to-GDP ratio stood at 30.2 percent by the end of December 2013, up from 28.7 percent recorded in 2012. "Even though the ratio increased, it is still at a safe level," Hendy said, adding that BI set the maximum debt-to-GDP ratio at 50 percent.

Contacted separately, Bank Negara Indonesia (BNI) economist Ryan Kiryanto said that the country still needed to obtain foreign loans to support the state budget. However, contrary to BI, he said that the maximum debt-to-GDP level must be set at the range of between 25 to 30 percent, which was safer and more rational.

Meanwhile, Bank Internasional Indonesia (BII) economist Juniman, who goes by a single name, said that the private sector's loans had begun to surpass those of the public sector since 2012.

"This is something that the government must pay close attention to in order to prevent defaults in the private sector," he said. "One strategy that the government can implement is to set a debt-to-equity ratio benchmark for each economic sector."

Analysis & opinion

Antireform justices

Jakarta Post Editorial - February 17, 2014

In its distinguished mandate, the Constitutional Court is granted a privilege that eludes the legislative and executive branches of power in the country's governance system. While the latter two control each other under a checks-and-balances mechanism, the Constitutional Court works without being subject to external oversight but according to the integrity of its individual justices.

The court's integrity has been at a low ebb ever since its former chief justice Akil Mochtar was arrested by the Corruption Eradication Commission (KPK), which caught him red-handed accepting bribes in November last year. President Susilo Bambang Yudhoyono issued a government regulation in lieu of law (Perppu) to restore public confidence in the court, which eventually won the House of Representatives' endorsement – albeit not unanimously.

Therefore, the court's decision to hear a judicial review motion filed against the Perppu raised many eyebrows, not only because of the blatant conflict of interest the court would deal with, but also due to public skepticism about the court's commitment to good governance. Thursday's verdict, which went in favor of the petitioners, proved our doubts were right.

No matter how valid the legal considerations of the verdict were, the Constitutional Court would have risked being perceived by many as antireform, despite the fact that it was a product of reforms. How can we expect the court to show commitment to reform if it reinstates a provision that opens the door wide for politicians?

The Perppu mandated the establishment of a permanent ethics body to oversee the court and an independent selection panel and also barred candidates with recent links to political parties from becoming a justice in the court.

The case of Akil revealed that the political bond was unbroken, even though an elected Constitutional Court justice had to quit politics. The ongoing investigation has led the KPK to Akil's former colleagues in the Golkar Party, most prominently Banten Governor Ratu Atut Chosiyah and her brother Tubagus Chaeri Wardana, also known as Wawan. Of course, money primarily drove the acts of corruption in the case involving Akil, but no one could challenge the effect of the political connection.

Worse, with the court wielding the power to hear election disputes, everyone has a reason to fear biased rulings in dispute settlements involving those contesting the upcoming elections, merely because of the loss of public confidence.

Regardless of the praiseworthy verdicts the court has generated, including the recent ones that threw a multi-interpreted article of unpleasant conduct out of the Criminal Code and revoked the House's power to select Supreme Court justice candidates, the Constitutional Court is not immune to corruption and political interference.

Given that the Constitutional Court's ruling is final and binding, nobody can challenge the controversial verdict of the Perppu. The government and the House may move to amend the existing law on the Constitutional Court anyway, but this will not save the new law from attempted judicial reviews.

Time for Indonesia to face PKI past

Jakarta Globe - February 17, 2014

Kennial Caroline Laia, Jakarta – When the documentary film The Act of Killing, which portrays the 1965 massacres of people accused of having ties to communism, was internationally released, it was well received by critics and has gone on to receive a nomination at this year's prestigious Academy Awards.

Despite recognition from the international film industry, however, different reactions also emerged, especially in Indonesia, where several groups have strongly refused or 'denied' that the horrible massacre was a part of Indonesian history.

Last week, a book discussion titled "Tan Malaka, Gerakan Kiri, Dan Revolusi Indonesia, September 1948-Desember 1949" ("Tan Malaka, The Leftist Movement and Indonesian Revolution, Sept. 1948-Dec. 1949") which was supposed to be delivered by its author, Dutch historian and philosopher Harry A. Poeze, as part of his book tour across Java, was banned by the police.

This followed a number of protests by several hard-line Islamist groups including the Islamic Defenders Front (FPI), pushing to stop the event by claiming it was "spreading a misleading ideology" in Indonesia.

Tan Malaka was a prominent nationalist and a pioneer of the Communist Party of Indonesia (PKI) and a proponent of a syncretism between Islam and communism. In 1926, Tan was involved in an attempt to overthrow the Dutch colonial government.

However he later strongly refused to join the movement, saying that the local forces in Indonesia, then known as Dutch East-Indies, were not strong enough to fight Dutch colonial rule. Similarly, Tan opposed the PKI leadership during a coup against President Sukarno in Madiun.

He was executed by the Indonesian military in 1949 but was later named a national hero by Sukarno.

Poeze told the Jakarta Globe that he had no intentions of spreading any sort of ideology through discussions about his book.

"The book we wanted to discuss was my previous book, published in 2007. It talks about the left-wing movement and Tan Malaka in 1948-1949. It also talks about the mystery of Tan's death and his grave."

"My book is all about the history of the Indonesian revolution and has thousands of footnotes. There was no intention of spreading the ideology of Communism whatsoever. It was meant to talk about Tan Malaka, it was purely about history," he emphasized.

Poeze regrets that the Surabaya Police, who were supposed to be protecting and implementing the law, had surrendered to the protesters' demands to call off the book discussion.

Police weren't trying to protect participants of the discussion, who are civilians, he said, emphasizing that from such a point of view, it could be seen as police having sided with protesters.

"If FPI wants to erase the Communist-Socialist issue from history, this can be seen as manipulation of history. Indonesia has to admit that in the past, such a left-wing ideology existed in the country."

"In addition, Tan Malaka was not a culprit at all. He was an Indonesian hero, Sukarno made a hero of him, so I think it's weird such a discussion could be targeted by protesters and the police should side with them," he said.

He explained that it was the duty of historians to write factual stories and uncover truths with a high degree of objectivity. "We cannot deny that Tan Malaka is a part of Indonesian history. There should be a discussion or a book about him and that's what my books are trying to do," he said.

Political motives

A historian from the Indonesian Institute of Sciences (LIPI), Asvi Warman Adam said that while Communism had an element of support in the country there was little threat from it these days.

"Communism is so yesterday. Even though some countries profess it as their ideology, most of those countries have been implementing a liberal economy," he said, adding that people no longer had a reason to fear Communist views. "There's a newer idea people should be paying attention to – neoliberalism."

"The thing is, our government doesn't completely understand Tan Malaka. He was the one who opposed the idea of a coup in 1926. He wasn't involved in Madiun in 1948. In many respects, he was contrary to the PKI and its ideas," Asvi said.

He said it was not clear why certain groups had opposed the discussion, saying he assumed that such actions were used by some people to portray Communism in a bad light, the same bad light imposed through propaganda by the government of former President Suharto.

Asvi added that the banning of such discussions may indicate that certain parties wanted the truth about Indonesia's past to remain hidden.

"Until recently, discussions about Poeze's books were allowed, but why not now? We should be careful with the people who asked for the discussion to be called off," he said, adding that police shouldn't be banning the discussion but instead prioritize civilians' safety.

Tension between Islamic groups and the Indonesian Military (TNI) on one side and the communists dates way back, to when the war in Madiun resulted in the death of a religious leader and members of the PKI, Asvi said.

The 1955 general election, the country's first, saw the influence of the PKI rise, heightening tension between the party and the Islamic groups and the military. At that time, the PKI was the fourth-largest party behind the nationalist PNI, Sukarno's vehicle, the modern Islamic party Masyumi and traditionalist Islam's Nahdlatul Ulama.

Using hatred against the PKI, Suharto, then a two-star general and commander of the Army's strategic command (Kostrad), rose to power and subsequently blamed a failed coup and the murder of a number of generals in September, 1965, on the communists. At least 500,000 people were killed in the aftermath of that incident, allegedly perpetrated by Islamic and nationalist groups with the help of the Army.

During the New Order regime, communist teaching was banned, and being used by the regime as a common enemy to spread its propaganda. "The root of the troubles was a political matter which was dressed up as a matter of religion," said Asvi.

J.J. Rizal, a historian from the Bambu Community, said that it was necessary for the public to be aware that although the New Order has long passed, political views implanted during the era remain fresh and strong in today's society. "The main machine has died, but its followers still remain," he said.

Rizal also seconded opinions that see the government and the nation as not having the courage to face its past and admit that Communism was once a part of Indonesia's history.

"As long as certain groups still freely roam, there's no real freedom," he said. "If they can protest against a national hero such as Tan Malaka and the police fail to provide protection for people to discuss him, just revoke his heroic title, it's no use."

Rizal emphasized that with ongoing protests on the freedom of speech, Indonesia is yet to be completely free from the propaganda spread under the New Order regime.

"The government should clarify the truth and should call off the 1966 law which discriminates against Communism, which continues to spark protests against people who wish to discuss the topic," the historian said.

In 1966, the People's Consultative Assembly, then the highest institution in the country, ratified a law prohibiting Communism, allowing the capture and killing of people considered to have ties with Communism, be it men, women or children, civilians or intellectuals.

When Abdurrahman Wahid, better known as Gus Dur, rose to become president in 1999, a year after the fall of Suharto's regime, he tried to revoke the law but the move triggered rejection from various parties, and heralded his fall from power.

Hiding crimes?

Human Rights Watch researcher Andreas Harsono said that Poeze is a renowned academic who is competent to talk about Tan Malaka. "Before the law, [the book discussion] is legitimate and must have been protected by law," he said.

"The question is why did police cooperate with the FPI to ban the book discussion? The police should have taken action against the party who protested but ironically did the opposite. Those parties both violated human rights and at the same time violated the law," Andreas added.

Andreas also said that such an act coming from law enforcement means that Indonesia cannot protect its own laws. "An ideology cannot be a threat for one country. In some European countries, there are several Communist parties. We should mirror that," he said.

Andreas quoted author George Orwell who once said that he who controls the past controls the future. And he who controls the present controls the past. "So, if you want to have a good future for your country, you have to learn about your own history," said Andreas.

"That is why the mass killings in 1965-1966 in Bali and Madura, also the Madurese in Pontianak, ethnic Chinese killings in Kalimantan, or in Papua, and in Timor Leste or in Aceh have to be understood deeply to prevent a similar event from occurring in the future," he said.

Haris Azhar, the executive director of human rights organization Kontras, said that it was a mistake to ban a book discussion, and part of a systematic effort to prevent any discussion about the country's past.

"The issue of Communism is being used to shield certain groups from their mistakes. It is being used to shut down their guilt for their own interest. Many ignorant people are being used to attack alleged communists," he said.

Haris said that any discussion on Communism, including about Tan Malaka, was fine, and efforts to ban it were counter-productive. "With respect to people who came from a background associated with Communism, they have now been accepted. In their day-to-day life, the people are OK with them," he said.

"However, there are many who still get discriminated because of their Communist background. Discrimination is still prevalent," he said.

Haris said the public should not overreact on the issue of Communism. "Today the party is no more. It no longer has any cadres – but freedom of expression and opinion is granted in the constitution," he said.

He said the 1966 ruling should be revoked immediately. "If a law is discriminative, then that law is no longer appropriate. If we claim to be a democracy, there should be no such law. Nobody should discriminate against anyone. We should be ashamed of ourselves," he said.

'Fostered idiocy'

Indonesian literary figure Putu Oka Sukanta said the protests from a number of small Islamist hard-line groups were the result of the lack of insightful knowledge about what they are against.

"Many people are afraid and then forbid something even though they don't know exactly what it is," he said, adding that such a view was "a form of idiocy and dullness." "The most important point for such groups is to prohibit this or that. They use muscle, without being thoughtful," he said.

Putu, who was jailed without a trial during the New Order era for alleged involvement in Communism, said that discussion is part of civilization, and should be protected by the country's laws.

"Any groups have to be invited into dialogue with intellectuals to discuss anything. But they must be willing to refrain from the use of violence. If someone writes a book, people who don't agree with its findings are free to come up with their own book that supports their view," he said.

Such open discussion must be done to educate the nation, he said. "We should not be afraid to discuss things and we must read in order not to be left behind by other countries in the constellation of nations in the world," Putu said.

Commenting on the ban of Poeze's talk, Putu stressed that there was no law against having different opinions, but he stressed that the government's stance in maintaining the 1966 law was incomprehensible. He said that if there were any small groups creating commotion when someone holds a book discussion, this reflects badly on those group themselves.

"These groups do not understand government policy or the freedom of speech," he said. "We should ask them, why did they do such a thing? Why can't they let intellectuals meet in peace and talk about our own history?"

Unfortunately, without a clear explanation, police have always allowed these groups to get away with their protests.

"The police should have been protecting the intellectuals, rather than fighting against them. The government never prohibits such events, so why did police bother to give in to the FPI's demands? The police is part of the government apparatus, not this small group's tool," Oka said.

Blast from the past

Putu said that Indonesians needed to really understand that the capturing of people accused of being communists after Oct. 1, 1965 was illegal because no warrants had been issued or any legal procedures followed. "They were arrested and were jailed without a trial. They couldn't have an attorney. The regime treated them as 'outside of the law,' " he recalled.

"Not having any legal protection, these people lost their status as citizens. They were treated arbitrarily; were tortured, were exiled. They had no basic rights," he said.

"Even after getting out of prison, the humiliation continued by having their identity card marked by letters "E.T.," meaning ex-political prisoner.

He said that even after the New Order fell, these people couldn't claim any compensation from the government for their illegal arrest or captivity.

"As for intellectuals, they were not permitted to write or read. Not having a pen or even a paper was the most severe torment for intellectuals. It was worse than not eating or not drinking," he said.

"The New Order made a systematic effort to destroy one's intellect," he added. "Many went insane but I fought by stringing words together in my memory and imagination," he said.

He said that while the communist suspects had been victimized by the state, the killers of 1965-66 still roamed free. "They don't feel guilty, even though some of them have become crazy, but the murderers who still survive expect some reward, Putu said, referring to Anwar Congo in The Act of Killing.

He demanded the government revoke the 1966 ruling, adding that this would otherwise be a lasting reference for some groups to protest any discussion related to Communism in the country, because there were statutes that could allow them to hide behind the law.

Putu said that the government must have a national campaign to provide understanding to the groups opposing any discussion about Communism while launching an inquiry to clarify what exactly happened in 1965-66 and why it happened, because much of what happened in those dark days has been successfully covered up.

"The government must explain to the nation the incident in 1965; Was there really a coup from the PKI? Was the torture of the generals even real? That is the task of current government: to clarify the truth," he said.

"This is not the duty of small groups [such as the FPI], this is the government's responsibility," he said. The truth must be revealed in order to understand what happened and why, he said. "How can we get better in the future without knowing our past mistakes?"