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Indonesia News Digest 13– April 1-8, 2015

West Papua

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West Papua

West Papua to get new Kodam

Jakarta Post - April 7, 2015

Jakarta – The construction of the headquarters of a new military command (Kodam) in West Papua is scheduled to be completed by the end of this year, Kodam XVII/Cenderawasih chief Maj. Gen. Fransen G. Siahaan said on Tuesday.

The new Kodam headquarters is located in Manokwari, the provincial capital of West Papua. Currently Kodam XVII/Cenderawasih oversees both West Papua and Papua provinces.

Fransen said the new Kodam would be named Kodam XVIII/Kasuari, adding that a native Papuan was expected to become the first Kodam commander. "Currently there are two Papuans who hold the rank of general and one colonel," he said as quoted by Antara news agency.

According to Fransen, Brig. Gen. Ones Wayangkau is currently the chief of staff of Kodam V/Brawijaya in Surabaya, East Java; Brig. Gen. Herman Asaribab is deputy commander of the Army's Infantry Warfare Center (Pussenif) in Bandung, West Jakarta; and Col. Hamdan Ali Bogra is still studying at the National Resilience Institute (Lemhanas) in Jakarta.

Fransen added that he had not only prepared the physical infrastructure but also the personnel who would be posted at the new Kodam.

He said the Kodam XVIII/Kasuari would oversee two military regional commands(Korem): Korem 171/Praja Vira Tama headquartered in Sorong and Korem 173/Praja Vira Braja headquartered in Biak, Papua.

The new headquarters is being built on an area of 60 hectares, which houses Rifle companies C and D of the 752nd Vira Yudha Sakti Infantry Battalion. The companies will be relocated to Warmare district, Manokwari regency, West Papua. (nvn)

Source: http://www.thejakartapost.com/news/2015/04/07/west-papua-get-new-kodam.html

12 years after Wamena, Kontras urges government to solve rights cases

Tabloid JUBI - April 6, 2015

Jayapura, Jubi – In commemorating the 12 anniversary of the Bloody Wamena Tragedy, the Commission for the Disappeared and Victims of Violence on Saturday (4/4/2015) urged the government to resolve cases of human rights abuses.

"KontraS is disappointed with impunity on human right violations in the past and the militaristic approach in Papua," KontraS Jakarta Coordinator Aris Azhar said in a statement received by Jubi.

The Joko Widodo administration has not included Wasior-Wamena cases on the list of severe human right violations that should be resolved in line with his campaign promises.

"It is very disappointing because the National Human Rights Commission had issued a recommendation for a judicial investigation into the cases," he said.

The Indonesian Government has failed to fulfill its obligation in enforcing the human right violation in Papua. Wamena and Jayawijaya Regency has been the scene of human rights violations.

At least three major incidents occurred within this area that have caused injuries and trauma to its people from generation to generation. These are the Incident 1977 and the Wamena Incidents on 06 October 2000 and 4 April 2003.

In addition to the Bloody Wamena tragedy, there are several cases of severe human right violations, including Biak Tragedy, 6 July 1998; Abepura Incident, 7 December 2000; Bloody Wasior Tragedy, 13 June 2001; the murder of Theys Hiyo Eluay and disappearance of Aristoteles Masoka, 10 November 2001; Abepura Case, 16 March 2006; the shooting of Opinus Tabuni, 9 August 2008; the shooting of Yawan Yaweni in Serui, 2009; the shooting of Mako Tabuni, 14 June 2012, and the last the shooting of four students in Paniai, 8 December 2014.

Of all the cases, the government only took the Abepura Case to Human Right Trial in Makassar in 2005 where the Judge released the perpetrators without giving the reparations right (compensation, restitution and rehabilitation) to the victims.

And the violence is continuing to be happened in Papua by: (1) the closure of democratic room by the apparatus; (2) the placement of excessive security force and the grow of Military/Police Command Office at every location; and (3) lack of State's recognition and the release of Papuan political prisoners.

Those mentioned facts are the evidence of violence that occurred in the past and did not solved by the State, which bring impact to repeatedly happened in the future.

For that reason, KontraS urged: First, the State Attorney and National Human Right Commission to synergy in enforcing the legal process to immediately follow up the inquiry findings on the Wamena-Wasior case to the investigation stage; second, the President Joko Widodo to immediately implement the Law 21/2001 on Papua Special Autonomy (Article 25 Paragraph 2) about the establishment of Human Right Court and the Commission of Truth and Reconciliation of Papua. The completion of severe human right violation both in the past and recently must be comprehensively completed, which could be reflected by designing the visit of President Widodo become more strategic instead of only promoting the development plan but included the law and human right enforcement; (3) to stop the military approach or security approach to ensure the democratic atmosphere in Papua. (Dominggus Mampioper/rom)

Source: http://tabloidjubi.com/en/2015/04/06/12-years-after-wamena-tragedy-kontras-urges-government-to-solve-rights-cases/

West Papua: Melanesian Spearhead Group has a tough decision to make

Lowy Interpreter - April 3, 2015

Sally Andrews – As the Melanesian Spearhead Group (MSG) prepares to discuss West Papua's latest bid for membership, the 'Papuan problem' poses a significant challenge to Melanesian states, who tread a fine line between responding to regional human rights concerns and managing relations with Indonesia.

Recent outcry surrounding West Papuan activist Benny Wenda's unexpected arrival and removal from PNG demonstrates just how fraught the issue has become.

When Papua New Guinea Prime Minister Peter O'Neill acknowledged human rights concerns in the Papuan provinces in a public speech in February 2015, questions were raised about the implications for PNG's relationship with Indonesia and its position within the Melanesian Spearhead Group.

The MSG's instrumental role in raising the profile of New Caledonia's Kanak independence movement has prompted Papuan activists to recognise the significance of MSG membership. Hoping to gain a regional platform from which serious human rights, sovereignty and development concerns in the Papuan provinces can be raised, West Papua submitted an unsuccessful application to the Group in October 2013.

One of the key issues impeding Papuan representation is the leverage exercised by Indonesia within the MSG. Indonesia submitted a membership application in 2010, and despite strong opposition from Vanuatu, Indonesia won observer status in 2011 with the help of Fiji Prime Minister Frank Bainimarama, then Chairman of the MSG's Leader Summit, and the support of Sir Michael Somare, then Prime Minister of PNG.

Enabling Indonesian membership has strengthened Fiji's relationship with Indonesia but has alienated Vanuatu and deepened perceptions that Indonesian participation has jeopardised Papuan chances of representation. Before votes were cast on the Papuan application in 2013, the Indonesian foreign minister suggested that the MSG undertake a fact-finding visit to Papua to investigate human rights concerns. Vanuatu boycotted the visit and repudiated the statement released in January 2014 by the remaining MSG foreign ministers, who resolved to uphold respect for Indonesia's territorial sovereignty.

Maintaining a commitment to non-interference in Indonesian domestic affairs and supporting Papuans' 'inalienable rights' towards self-determination seems likely to generate problems for the MSG in 2015. Fiji and PNG have vested interests in maintaining good relations with Indonesia, with growing investment, military and trade links providing a tense backdrop to discussions concerning Papua. Indonesian sensitivity about Papuan independence has only increased since Timor Leste's independence in 2002. There are real concerns about the potential for diplomatic and commercial blowback that may face Fiji and PNG as the price of supporting Papuan membership.

Lack of cohesion between the West Papuan National Council for Liberation (WPNCL) and the rest of the independence movement has also impeded the membership bid. Comprised of 28 political parties and NGOs, the WPNCL's claim to represent 2.5 million West Papuans was rejected on grounds that too few of the organisations were based in Papua, raising speculation that the bid was being driven by sympathisers in the West at the expense of grassroots participation.

A second application has since been submitted by a new, larger and more representative umbrella coalition, the United Liberation Movement for West Papua (ULMWP). Led by spokesperson Benny Wenda, the ULMWP application will be discussed at the official 20th Leaders' Summit in Honiara in July 2015.

Having addressed problems in the WPNCL application, reception of ULMWP's bid is still difficult to predict. Vanuatu has a long history of Papuan advocacy, promoting Papuan membership in both the MSG and the Pacific Islands Forum, whilst FLNKS is also a strong supporter. The host of this year's MSG Summit, Solomon Islands Prime Minister Manasseh Sogavare, has commented on the need for the MSG to assume leadership on human rights in Papua, but his position on the membership application is unclear. Fiji, significantly, is yet to take a position. As for PNG, Prime Minister O'Neill's statement may yet prove the game changer for the MSG; whilst PNG's Foreign Minister Rimbink Pato 'clarified' O'Neill's February statement by re-asserting that PNG held full support for Indonesia, O'Neill subsequently urged Indonesia to support Papuan membership.

One important factor in the mix is the diplomatic tension between PNG and Fiji. Hints that the PNG leadership is becoming more sympathetic are unlikely to prompt support for Papuan membership from Fiji. Having championed Indonesia's application in 2011, the Fiji leadership may judge that its interests lie in declining to make a decision whilst further strengthening relations with Indonesia.

PNG may pursue the Papuan cause solely as a human rights issue. As the host of the next Pacific Islands Forum leaders' meeting in September 2015, PNG may seek to avoid any impression of disunity at a sub-regional level. In either case, it is entirely possible that the Papuan application will be left to flounder, trumped by the interests of the two most influential Melanesian states.

Meanwhile, advocacy from civil society groups across the Pacific Islands is contributing to a perception that there is growing popular support for Papuan representation. Groups such as the Pacific Council of Churches, Free West Papua Campaign, Peace Movement Aotearoa, Pacific Network on Globalisation and We Bleed Black and Red have been mounting public protests, emphasising the public interest in the Papuan cause to political leaders.

Support for West Papua is mounting within Fiji itself, with domestic pressure bearing upon Bainimarama from the Fiji Solidarity Movement, Fiji Council of Churches and even Fiji Rugby Union. This activism may yet prompt the Prime Minister to take the risk of offending Indonesia by supporting Papuan membership, if only as a means to capture popular sentiment. The deepening military ties between the two nations, however, in addition to apparent silence on the Papuan issue at the 1st March meetings between the Indonesian and Fijian Foreign Ministers, has left supporters of the application in doubt.

Difficult decisions lie ahead for the members of the Melanesian Spearhead Group, who must weigh the value of relationships with Indonesia against the opportunity to recognise West Papuans, potentially do something about persistent human rights concerns and also capitalise on the emergence of a strong popular Melanesian regional identity.

Source: http://www.lowyinterpreter.org/post/2015/04/03/west-papua-Melanesian-Spearhead-Group-tough-decision.aspx?COLLCC=537407734&

Vanuatu's West Papua community discredits 'envoy'

Radio New Zealand International - April 2, 2015

Vanuatu's West Papua Unification Committee has dismissed the credentials of a man claiming to be a West Papuan envoy.

Paul Peter Masta claims to be the Federal Republic of West Papua's Ambassador to Papua New Guinea. He has provoked consternation from West Papua leaders based in Vanuatu for denouncing the outcome of the West Papua Forum in Port Vila last year.

This forum, organised by the committee, elected the United Liberation Movement of West Papua which subsequently submitted a formal application for West Papua to join the Melanesian Spearhead Group.

But Mr Masta says the Federal Republic of West Papua has already submitted its own application to become a member of MSG with endorsement from the Indonesian President, Joko Widodo.

However, the committee chairperson, Pastor Allan Nafuki says the MSG received only one application and it was from the West Papua umbrella body established last December.

Pastor Nafuki says the MSG won't consider any other application and he is aware that Mr Masta is working for Indonesia in its last resort to confuse the people of West Papua and destabilise their organisation.

Source: http://www.radionz.co.nz/international/pacific-news/270255/vanuatu%27s-west-papua-community-discredits-envoy

Media restrictions in Papua underscore Indonesia's wider problems

Committee to Protect Journalists - April 1, 2015

Bob Dietz – With more than 50 years of restricted media access, one of the least covered armed conflicts in the world is the long-simmering struggle between Indonesia's military and the secessionist Free Papua Movement. Under Indonesia's seven successive post-independence governments – the early ones led by autocratic strongmen, the recent ones more or less democratically elected – the world has been deprived of details of the persistent low-intensity battle for autonomy playing out in the Papuan provinces.

Without open media access in the Papua and West Papua provinces, alleged abuses by security forces operating without media scrutiny will hound any bid by President Joko Widodo to bring peace and prosperity to the resource-rich region: apromise he made on assuming office in October.

Given Indonesia's experience in East Timor, it is no wonder successive Indonesian governments have restricted media access to its Papua and West Papua provinces. Unable to completely stifle media coverage of East Timor during a bloody 27-year war for independence that ended in 2002, Indonesia's leaders appear determined not to lose another part of its far- flung archipelago by having troublesome reporters, international or Indonesian, expose what is happening in Papua.

And there are discomfiting economic and social angles too: Restricted press coverage has meant little media scrutiny of Freeport-McMoRan Incorporated's Indonesian copper mine at Grasberg, the world's largest gold and second largest copper mine in the world. The American-owned company has long been Indonesia's top tax payer, and its remote operations in Papua have been targetedby insurgents and environmental groups. Journalists – including a BBC team who wanted to visit the mine in 2011 when reporting on strikes – often find access is denied.

Despite the wealth of its natural resources, Papua has historically fallen far behindin development compared to Indonesia's other regions, analysts say. The region's literacy rate is around 74 percent, Indonesia's lowest, and Papuans find themselves under increasing demographic pressure, too. Indonesia's in-country migration is coming close to making Papuans a minority in their traditional homeland. About 50 percent of the population in Papua and West Papua are from other parts of Indonesia, and the in-flow seems most likely to continue, analysts say.

Many things seem deeply amiss in Papua, and they are going unreported. Because of the media restrictions, it is largely foreign journalists who get the international attention that comes with being detained and eventually shipped back home. An Australian academic, Ross Tapsell, in his book "By-Lines, Balibo, Bali Bombings: Australian Journalists in Indonesia", published in January, has a large section on restrictions in Papua dating back to the 1960s. Indonesia continues to require international correspondents to secure special visas before entering the country, a practice CPJ has repeatedly urged the government to abandon after it was used to blacklist reporters under earlier, more authoritarian regimes.

The government seldom, if ever, issues permission to investigative journalists. "Eighteen ministries and related institution are involved in the process to issue a permit," according to the Foreign Ministry's director of information and media, Siti Sofia Sudarma. She was testifying at the October 2014 trial of the French documentary filmmakers Thomas Dandois and Valentine Bourrat, who were convicted of breaking immigration laws by trying to film in Papua. The pair had been detained for almost three months before being expelled from the country after their conviction. Their trial coincided with President Widodo's election campaign, in which he promised to address Papua's problems.

Siti said that, according to the ministry's data, 28 international journalists had submitted permit requests to cover news in Papua and West Papua in 2013. She said 21 had been allowed to enter the two provinces. But Andreas Harsono, a Jakarta-based researcher for Human Rights Watch, told CPJ by email that those getting the permits are tourism writers or Japanese journalists covering the search for remains of soldiers killed during World War II. And such restrictions beg the question of what is so special about Papua and why journalists are allowed to cover other areas of Indonesia with little government interference. The restrictions go against Indonesia's 1999 Press Law, which says there should be no restrictions on journalists in Indonesia.

It is not just outsiders who have complaints about access to Papua. As we have reported over the years, Indonesian journalists are prey to a host of malevolent actors – from politicians and the military to religious hardliners and business owners. And unless they are native Papuans, Indonesia's journalists have an almost impossible time getting in to cover the story. As far back as 1999, CPJ noted that ethnic and communal violence in many parts of the country made local reporters' jobs increasingly dangerous. More recent assessments by groups including Human Rights Watch show the situation has deteriorated further despite pledges from successive governments to address the political confrontation.

There was a sense of optimism following Widodo's election. We called it a Window of opportunity to advance press freedom in Indonesia following a mission there in late 2014. But we noted steady pressure on media across the country. The 2008 Electronic Information and Transactions Law targets Web commentators with up to six years in prison, and up to IDR 1 billion ($80,800) in fines. Criminal defamation cases carry a nine-month jail term. And a worrisome state secrets bill, viewed by critics as a threat to freedom of information, remains under discussion.

Nor has there has been movement to address impunity in the cases of 10 journalists confirmed to have been killed for their work since 1992. Eight of them appear to have been murdered, according to CPJ data. In such a context, it is realistic to view the president's pledge to allow international journalists and organizations access to Papua and West Papua with a high degree of skepticism until those restrictions are lifted, a promise that can be quickly and easily fulfilled.

[Bob Dietz, coordinator of CPJ's Asia Program, has reported across the continent for news outlets such as CNN and Asiaweek. He has led numerous CPJ missions, including ones to Afghanistan, Pakistan, the Philippines, and Sri Lanka. Follow him on Twitter@cpjasia and Facebook@CPJ Asia Desk.]

Source: http://www.cpj.org/blog/2015/03/media-restrictions-in-papua-underscore-indonesias-.php

Human rights & justice

House urged to include ad hoc tribunals in KKR bill

Jakarta Post - April 6, 2015

Margareth S. Aritonang, Jakarta – Rights activists have called on the government and the House of Representatives to drop contentious articles in a draft bill on the establishment of a Truth and Reconciliation Commission (KKR), emphasizing the need for comprehensive solutions to resolve past human rights abuse cases.

As with the 2004 law on the KKR, which was annulled, the bill does not allow for the establishment of ad hoc tribunals to hear cases of past human rights violations.

Article 28 of the current draft bill mirrors Article 44 of the 2004 law, which awarded full authority to the KKR to hear historic cases of human rights abuses.

"Cases of gross rights abuses that are uncovered and resolved by the KKR must no longer be brought to ad hoc tribunals, including aid, rehabilitation and compensation given to victims," says the article.

Article 11 of the existing bill, which has been submitted to the House, reflects the same message, emphasizing that any decision made by the KKR is legally binding and not subject to court verdicts.

"The [current] draft is as controversial as the old law because it has the same purpose," Poengky Indarti of human rights watchdog Imparsial said on Sunday.

The scrapping of stipulations allowing amnesty for perpetrators by the consent of victims did not change the nature of the bill, which rejected judicial mechanisms, she added.

The differences between the draft bill and the annulled 2004 law are minor. The bill grants the president the prerogative to appoint nine people to sit on the commission, whereas the scrapped law mandated the House to propose names of candidates.

Prior to a formal deliberation planned by the House and the government for later this year, the National Commission on Human Rights (Komnas HAM) has proposed inclusive public hearings to avoid a top-down decision-making process.

Komnas HAM deputy chairwoman Roichatul Aswidah stressed the importance of state recognition of past incidents declared to be gross human rights violations by Komnas HAM.

They include the 1989 Talangsari massacre, the disappearances of prodemocracy activists in 1997 and 1998, the Trisakti University shootings, the Semanggi student shootings in 1998 and 1999, the mysterious killings of alleged criminals in the 1980s, the anticommunist massacres of 1965 and various abuses that took place in Wasior and Wamena in Papua in 2001 and 2003, respectively.

"The state's recognition is vital, otherwise all efforts will be in vain. We hope the state will admit that such dark stories are part of the history of our nation. Through this, we hope to help prevent similar painful incidents in the future," she said.

The KKR bill is one of 37 priority bills targeted to be endorsed by the end of this year.

If approved, the KKR would comprise of nine individuals who would be given four years to investigate the cases that Komnas HAM declared gross human rights violations, to find the most appropriate way of restoring the rights of the victims as well as achieving reconciliation.

The draft bill also mandates the establishment of KKR branches in Aceh and Papua due to the special needs of both of those regions, with the consent of the local authorities.

Source: http://www.thejakartapost.com/news/2015/04/06/house-urged-include-ad-hoc-tribunals-kkr-bill.html

The Hague to unveil street named after murdered activist Munir

Jakarta Globe - April 3, 2015

Jakarta – A bicycle path is set to be officially inaugurated in The Hague to commemorate the prominent Indonesian human rights activist Munir Said Thalib, who was murdered in 2004 on his way to the Netherlands.

Suciwati, Munir's widow, was quoted as saying by Tempo.co on Friday that she would attend a ceremony on April 11, while local media in the Netherlands reported that a ceremony to unveil the Munirpad, or Munir Path, would be held on April 14.

A researcher at the Commission for Missing Persons and Victims of Violence (Kontras), Indria Fernida, told the Indonesian news portal that the Dutch government had been expressing its intention to use Munir's name for a street in The Hague since 2011.

Ultimately, the city administration of The Hague – seat of the Dutch government – decided in October last year to name a 500-meter long bike path after the Indonesian activist.

The path runs between two avenues, the Martin Luther Kinglaan and the Architect Berlagelaan, in an area of the city with streets named after such prominent historical figures as Dag Hammarskjold, Albert Schweitzer, Salvador Allende and Mahatma Gandhi.

Munir, who founded Kontras, died on Sept. 7, 2004, at the age of 39 during a trip from Jakarta to Amsterdam. He was on his way to join a master's program in the Netherlands, but was poisoned with arsenic during a layover in Singapore.

He was the executive director of Imparsial, another human rights group, at the time of his death and had been an outspoken critic of members of the Indonesian security forces he accused of involvement in a variety of criminal enterprises.

Former Garuda Indonesia pilot Pollycarpus Budihari Priyanto was convicted of the murder and served eight years of a 14-year sentence before being released on parole late last year.

Pointing to the apparent lack of a motive for the murder, activists say Pollycarpus is highly unlikely to have acted of his own accord and that the mastermind behind the assassination remains at large.

Source: http://thejakartaglobe.beritasatu.com/news/the-hague-to-unveil-street-named-after-murdered-activist-munir/

Labour & migrant workers

Scores of seafood slaves in Indonesia, officials turned blind eye:

Jakarta Globe - April 5, 2015

Tri Listiyarini, Jakarta – Maritime and Fisheries Minister Susi Pudjiastuti pledged to closely monitor fishing companies operating in Indonesia after a year-long Associated Press investigation revealed at least one Indonesian firm – and likely many more – using slave labor.

Susi said she was disturbed to learn Pusaka Benjina Resources had been keeping 327 workers, mainly from Myanmar, working in captivity without pay, on pain of torture or even death. Her office has since shut down the company, based in Benjina, in Maluku's Aru Islands district.

"We will launch an investigation; we will sanction [those involved]," the minister said on the sidelines of her visit to a fishing village in Pangandaran, West Java.

"In Benjina, even though the victims are foreigners, Indonesia felt it must take action because [the case] happened within Indonesia's jurisdiction," she said.

Susi said her office quickly inspected other fishing companies operating in Benjina and found 1,185 fishermen working there, mostly from Cambodia, Thailand and Myanmar, in slave-like conditions.

The minister said there was rampant evidence that other firms in the area were using slave labor – and had been for years.

With the help of sympathetic locals, the AP interviewed the Myanmar workers, who said they were forced to work 22 hours a day, whipped with toxic stingray tails, denied any pay, and barred from returning to their home country or tell anyone about their plight. Some were put in cages.

The director general for monitoring maritime resources, Asep Burhanuddin, said the ministry formed a task force with the local prosecutors, immigration offices, the Indonesian Navy and National Police.

On Friday, days after the story broke, task force officials deployed to Benjina for a crackdown. "We were able to confirm that there are slavery practices [at PBR]," Asep told Detik on Sunday. "Some were electrocuted for the tiniest mistake like falling to sleep. This is inhumane."

The workers, some of whom have been slaves for nine years, were taken to the Tual, some 100 kilometers west of Aru Islands, where they were repatriated.

Company officials have been charged with human trafficking and violating the Manpower Law while the task force investigates who else may have been involved.

Source: http://thejakartaglobe.beritasatu.com/news/seafood-slavery-in-indonesia-officials-turned-blind-eye-report/

Freedom of speech & expression

Rights activists slam 'radical' Islam website ban as a threat to

Jakarta Globe - April 7, 2015

Ryan Dagur, Jakarta – Rights activists representing several nongovernmental organizations slammed the government's recent move to block dozens of Islamic websites allegedly containing radical content, saying it threatened freedom of expression.

Last week, on the request of the National Counterterrorism Agency (BNPT), the Ministry of Communications and Informatics blocked at least 19 Islamic websites considered to be spreading radical ideologies. Hidayatullah.com is among these blocked websites.

"We support the Indonesian government's effort in banning hate speech in the name of religion or belief... [But] the web blocking has the potential to threaten the freedom of expression, which has long been the character of Indonesia as a democratic state," rights monitors said in a joint statement issued during a press conference held on Monday afternoon in Jakarta.

According to the activists from, among others, Wahid Institute and the Institute for Policy Research and Advocacy (Elsam), any such ban should have strong checks and balances.

"The government should file a report to the police if they find any violation committed by the websites, such as publishing hate speech against a certain religion. This should be taken to the court, and the web blocking should be based on the verdict," said Wahyudi Djafar, a human rights lawyer and researcher at Elsam.

Similarly, chief of the Alliance of Independent Journalists Suwarjono questioned the mechanism of the web blocking.

"It should be done through the court. We see that only a verdict can justify the web blocking. If not, it will likely create a conflict of interest," he said.

Suwarjono added that the government blocked the websites based on the minister's 2014 regulation on controlling sites containing negative content.

"We know that the regulation mentions content which can be blocked, such as pornography and something regarded as illegal. The word 'illegal' has multiple interpretations. It could be something which is against the government's interest. It remains unclear," he said.

Alamsyah M Djafar, a program officer at Wahid Institute, said the ban is shortsighted and fails to address the inherent problem with such content.

"Instead, the government should construct a counter-argument to that of the radicalism promoted by the websites. The government hasn't yet paid attention to this issue so far," he said.

Mahladi, the editor in chief of Hidayatullah.com responded to the ban by saying that he didn't understand why his website was blocked.

"There's no evidence that our website contains radicalism," Mahladi said. "After we checked with BNPT, they used two articles as evidence."

"I, however, think that the articles are journalistic writings as they have sources," he said. "If the problem lay only in the two articles," he added, "why was our website blocked, instead of just the two articles?"

On Tuesday, Mahladi met with officials from the ministry. "They said that they want to talk about the web blocking. We'll wait for the result before taking the next move."

Meanwhile, BNPT spokesman Irfan Idris maintained that the government's effort had been discussed by the ministry as well as the ministries of religious affairs and political, legal and security affairs.

"We have reviewed it since 2012," he said. "The websites could create violence done in the name of religion."

[This story was first published by Ucanews and was edited for style by the Jakarta Globe. Ryan Dagur is a special correspondent for Ucanews.]

Source: http://thejakartaglobe.beritasatu.com/news/rights-activists-slam-radical-islam-website-ban-threat-freedoms/

Facebooker convicted for pornographic chatting appealing to High Court

Jakarta Post - April 6, 2015

Arya Dipa, Bandung – A 47-year-old woman who was recently sentenced to five months imprisonment for pornographic chatting with her childhood friend in Bandung is appealing to the West Java High Court.

"Today we are appealing the district court verdict," said Suryantara, a lawyer who accompanied Wisti Yetti, on Monday.

Wisti was charged after her former husband reported her to the West Java Police for pornographic chatting with her childhood friend, Nugraha Mursyid.

Suryantara said her client had decided to appeal the decision because the verdict did not reflect justice and was not made based on the facts presented during the trial.

"In addition, the judge's decision is far harsher than the sentence sought by the state prosecutor," he said. He added that Wisti's ex-husband could provide no evidence that that his client and Nugraha had been involved in pornographic chatting on social media.

"My client's ex-husband presented only a copy of a Facebook chat, and a forensic test shows the two were not involved in any pornographic chatting," he said.

Besides being sentenced five months in prison for violating the 2008 Information and Electronic Transactions Law, Wisti was also ordered to pay Rp 100 million in fines to state.

Meanwhile, Communications and Information Minister Rudiantara said that the government was still preparing several draft regulations to revise the ITE law, which he said had claimed many victims during its implementation over the past seven years. "We hope the revision can be conducted by the end of this year," he said.

Besides being sentenced five months in prison for violating the 2008 Information and Electronic Transactions Law (ITE Law), Wisti was also ordered to pay Rp 100 million in fines to state.

Source: http://www.thejakartapost.com/news/2015/04/06/facebooker-convicted-pornographic-chatting-appealing-high-court.html

Government unblocks radical websites

Jakarta Post - April 1, 2015

Haeril Halim and Hans Nicholas Jong, Jakarta – Responding to public outcry accusing the government of infringing free speech rights, the Communications and Information Ministry reopened on Tuesday access to 22 websites the National Counterterrorism Agency (BNPT) had condemned for promoting radicalism in the country.

The government decided to block the websites following the circulation of web-based Islamic State (IS) movement propaganda that authorities believed was helping IS recruit support in the country.

Rights groups have said the anti-terrorism measure could backfire, setting the stage for crackdowns on critics of the government.

Earlier, the ministry blocked access to a host of websites, including arrahmah.com, voa-islam.com, dakwatuna.com, kafilahmujahid.com, an- najah.net, muslimdaily.net, hidayatullah.com, salam-online.com, known for their incendiary content. As of Tuesday evening, all the sites were back online.

Ahmad Fuad Fanani of the Maarif Institute for Culture and Humanity said that rather than blocking the websites, the government should educate the public about the information on the Internet.

"We have to admit that some of the blocked websites encouraged hate speech, but some of them were quite moderate. I think the decision to block the websites was a rushed decision," said Fuad.

He conceded that a number of Islamist websites espoused extremist ideology, but added that by allowing the government to ban them unilaterally, the freedom of speech for all citizens was threatened.

"If blocking a radical website is unavoidable, then authorities should first summon its representatives to seek clarification. If there has been a violation of rules then it should be reprimanded. If the party rejects the reprimand, then the government could go ahead and close it," Fuad said.

Wahyudi Djafar of the Institute for Policy Research and Advocacy (ELSAM) blasted the blocking of the Islamist websites, saying it was a "repressive" measure. "Without a strong legal framework and accountable procedures, it is nothing but a repressive measure," he said.

The 2008 Information and Electronic Transactions (ITE) Law describes the kind of Internet content that can be censored, but does not stipulate the proper procedures for doing so.

Two other regulations, the 2008 Pornography Law and the 2014 Copyright Law, authorize bans on pornographic content and materials violate copyrights, respectively.

The Communications and Information Ministry maintained it had the right to block the 22 websites as mandated by the Ministerial Regulation No. 19/2014 on negative content. The regulation was drawn up to implement Law No. 11/2008 on electronic information and transactions (ITE).

"The ITE Law bans illegal content, which includes [hateful] information on SARA [tribal affiliations, religion, race and societal groups] and those responsible for publishing the content can be punished. What about these websites? How could we allow such negative content to circulate? This is where the regulation comes in," an advisor to Communications and Information Minister Rudiantara, Henri Subiakto, told The Jakarta Post on Tuesday.

He said the government was justified in its attempts to curb negative content in order to prevent the spread of radicalism.

"Other countries that are totally free and liberal actually could do nothing against the propaganda coming from radical groups. For example, the UK, where its youngsters have gone Syria [to join IS]," Henri said.

The BNPT said that only websites that promoted religious-based violence could be blocked.

"The websites contain elements of radicalism, such as declaring that other religions, beliefs and people are infidel. Also, they want to make drastic changes by employing violence in the name of religion," BNPT spokesperson Irfan Idris said on Tuesday.

Chief editors of some of the banned sites denied the accusations. "We feel that we have never done such things. There has been no protest from our readers about calling some people infidels," hidayatullah.com chief editor Mahladi said.

[Ina Parlina contributed to this report.]

Source: http://www.thejakartapost.com/news/2015/04/01/govt-unblocks-radical-websites.html

Users decry curb on free speech as 'radical' sites are banned

Jakarta Globe - April 1, 2015

Jakarta – The government's move to block several websites believed to promote extremist Islamic teaching has triggered a backlash among some members of Indonesia's Muslim community, who have accused officials of being Islamophobic and demanding that the ban on some of the websites be lifted.

The Communications and Information Technology Ministry recently issued a list containing 22 sites that it has blocked, citing their allegedly radical content, based on recommendations from the National Counterterrorism Agency, or BNPT.

The move was made following the arrests of several Indonesians around the Greater Jakarta area and in East Java over the past fortnight, for their alleged connections to the extremist group Islamic State.

Among the reportedly blocked sites are arrahmah.com, voa-islam.com, dakwatuna.com, hidayatullah.com, aqlislamiccenter.com, eramuslim.com, kiblat.net and daulahislam.com.

They reportedly became inaccessible earlier this week, but on Wednesday most were back up again – reportedly the result of a wave of protests against the policy.

Even so, as of Wednesday many Indonesian netizens continued to criticize the ban, calling ministry and BNPT officials Islamophobic and accusing them of restricting free speech.

"What? aqlislamiccenter will be blocked too? There must have been a mistake. This [website] is a mere Koran study forum," Farah, not her real name, posted on her Facebook page on Monday. "It is partnering with a national TV station to organize a Koran recitation contest for children. The ban is outrageous."

On Twitter, @itemkuitemic commented in a series of tweets on Wednesday: "The rash ban may wrongly impact good Islamic sites, and even some credible news sites. Please consider the freedom of information law."

"What's the difference with Suharto's regime when they easily ban this and that," wrote @arieardhana. "We call this an oppression of freedom of expression. Think! They let porn sites be, but are blocking Islamic sites. Weird #BringBackMyIslamicMedia," tweeted @Dhyan_Khilafah.

Some Internet users accused the government of an assault on free speech, while others worried a no-platform policy toward firebrand fundamentalism would drive it underground and could boost its appeal among some young people.

An alliance of nongovernmental groups calling themselves Friends of Just Information and Communications, or SIKA, also criticize the ban, which it argued should have been based on a transparent and just legal process.

"The Communications and Information Technology Ministry's move to ban those sites believed to have spread radical teachings is despotic," said Anggara Suwahju, a researcher with the Institute for Criminal Justice Reform, a SIKA member. "The ministry is not authorized to block or remove those sites because it is not a law-enforcement institution."

Former Constitutional Court chief justice Jimly Asshiddiqie called on local Muslim communities not to be baited by the Islamophobia accusation. Nevertheless, he advised the ministry to be more selective about the BNPT's recommendations, saying not all of its suggestions should be followed.

"The BNPT has its own perspective. It is fully within the BNPT's rights to suspect [certain sites]. But the government, in this case the Communications Ministry, doesn't need to partner with the BNPT," Jimly said in Jakarta on Wednesday.

"The public should first listen to the government's explanations. Admittedly, though, [the government] is doing this [blocking sites] recklessly. They only want an easy way. In the future we must evaluate these kind of policies."

The site owners, meanwhile, can appeal against the bans placed on their sites if they believe they have been wronged. "Site owners who can prove [that there's nothing wrong with their sites] can have the ban lifted," Jimly said.

Legislator Syaiful Bahri Anshori of the pro-government and Islamic-based National Awakening Party (PKB) reminded the government that such a ban was a sensitive issue, and it should have been implemented more thoughtfully.

"The government should be using a persuasive approach [against the allegedly radical sites]. Don't do this rashly," Syaiful told Republika.co.id on Tuesday.

Gerakan Pemuda (GP) Ansor, the youth wing of Nahdlatul Ulama, the country's largest Muslim organization, supported the government's decision to block the websites.

"If the sites are teaching intolerance and declaring people with different beliefs as infidels, then of course it is dangerous for our country," said GP Ansor chairman Nusron Wahid. "What is expressed through those sites as Indonesian values are not suitable with Islam," Nusron said. "This is dangerous."

Review panel

Most of the previously blocked sites were accessible on the Internet again on Wednesday, after Vice President Jusuf Kalla said earlier on Tuesday that he had ordered the Communications Ministry to review the policy in order to avoid blocking sites that should not be blocked.

"I have talked with Rudiantara [the minister] and told him that if any of those sites are clearly part of pro-radicalism propaganda, then they should be automatically blocked," Kalla said.

"I also ordered the ministry to study this matter carefully. They can't just block a site whenever they receive a report [against the site]. They said they would review [the ban]."

Religious Affairs Minister Lukman Hakim Saifuddin said he was supportive of the Communications Ministry's move to block the sites, but, echoing Kalla, reminded officials to implement the policy carefully. "There should be no sites blocked when they in fact have spread no radical teachings. We must avoid doing such things," Lukman said.

On Tuesday, Communications Minister Rudiantara told BBC Indonesia that in response to the protests, the government would form a panel specifically tasked with reviewing complaints against allegedly pro-radical sites in order to correctly block only sites that should indeed be blocked.

"The panel will consist of public figures, experts in their respective fields, who will review [complaints] and issue recommendations on negative contents [of websites], including on pornography, racism and child abuse," he said.

On Wednesday, legislator Saleh Partaonan Daulay of the Islamic-based National Mandate Party (PAN) said the panel should include representatives from major Indonesian groups who represent the voice of moderates among the country's Muslim communities – such as the Nahdlatul Ulama, Muhammadiyah and Persatuan Islam.

"The BNPT and the Communications Ministry must sit together with representatives from these different Muslim groups," Saleh said. "This is not new because the BNPT has held such meetings before with these groups. Only this time the focus should be on the content of sites that should be blocked."

Tedjo Edhy Purdijatno, the chief security minister, emphasized on Wednesday that the government's move to ban the Islamic news sites was a curb on radicalism and not an attack on free speech. "This was not done on a whim," Tedjo said. "It was done as a precaution."

He argued that the government's position was that it could not lend credence to any racist, misogynistic or violent ideology by permitting the dissemination or publication of content promoting such ideas.

He did, however, say that the ban could be lifted if the affected websites stopped carrying extremist content. "We will lift the ban if the sites don't spread propaganda," he said.

Legislators from the House of Representatives' Commission I, which oversees intelligence, security and communications affairs, said on Tuesday that they planned to summon Rudiantara for questioning about how the ban was being carried out, given the increasingly vocal opposition to it.

The ban is part of the government's wider efforts to stop the spread of ideology linked to Islamic State. A growing number of Indonesians are believed to have gone or are planning to head to Syria or Iraq to join the group's self-proclaimed caliphate, including a group of 16 arrested in Turkey last month near the border with Syria.

An estimated 300 Indonesians are believed to have joined Islamic State, with more sympathizers in Indonesia.

Source: http://thejakartaglobe.beritasatu.com/news/jakarta/users-decry-curb-free-speech-radical-sites-banned/

Political parties & elections

Notable new members sworn in Gerindra execs under Prabowo

Jakarta Globe - April 8, 2015

Jakarta – Tycoons, former ministers, musicians and lawyers are among the newly announced lineup at the Great Indonesia Movement Party, or Gerindra, which recently reelected former presidential candidate and opposition leader Prabowo Subianto as its chairman for a third term.

Prabowo on Wednesday swore in several prominent new members as party executives.

Gerindra welcomed former Indonesian Military chief Djoko Santoso who will serve as deputy chairman of the party's advisory board, which Prabowo also chairs.

Serving as a member of the advisory board is tycoon Sandiaga Uno.

Gerindra also welcomed former Finance Minister Fuad Bawazier, lawyer Elza Syarief, singer Ahmad Dhani and actor Jamal Mirdad.

Also joining Gerindra's ranks is Rachmawati Soekarnoputri, the half sister of Indonesian Democratic Party of Struggle (PDI-P) chairwoman Megawati, the chief political patron of President Joko Widodo.

In his speech, Prabowo told new members to not only stay faithful to the party but also to the opposition camp the Red-White Coalition, or KMP.

"If the KMP is hurt, all of Gerindra is hurt. Don't be afraid [of becoming an opposition]! Fear only the Almighty God!" he said. "Those who dislike the KMP are those who don't want to see Indonesia strong."

Prabowo said the KMP is not trying to sabotage Joko's administration by criticizing Joko's every policies and moves.

"I have told President Jokowi: Jokowi, after much consideration and deliberation in my heart, you are a true patriot who loves this country and nation," he said.

Prabowo said the KMP will not stand in the way of the government as long as its policies benefit the Indonesian people.

In his speech however, Prabowo was critical towards the State-Owned Enterprises Ministry's plan to privatize four state firms, a move that he said will benefit the rich, without explaining further.

Present at the inauguration ceremony was Golkar Party stalwart Aburizal Bakrie and National Mandate Party (PAN) founder Amien Rais, as well as tycoon Hary Tanoesudibjo, who recently established his own party, Perindo.

Perindo, Prabowo said, will become the latest party to join the KMP. "Welcome, Perindo," he yelled.

Perindo now joins an alliance comprising Gerindra, Golkar, the Democratic Party, PAN, the Prosperous Justice Party (PKS) and the Star Crescent Party (PBB).

Source: http://thejakartaglobe.beritasatu.com/news/notable-new-members-sworn-gerindra-execs-prabowo/

Megawati's younger sister appointed deputy chairperson of Gerindra

Jakarta Post - April 8, 2015

Jakarta – Rachmati Soekarnoputri, younger sister of former president Megawati Soekarnoputri, was officially sworn-in as deputy chairwoman of Prabowo Subianto's Gerindra Party.

"Rachmawati Soekarnoputri has been appointed deputy chairperson in the party's ideology department," Gerindra secretary general Achmad Muzani when reading the party's executive board in a leadership meeting here on Wednesday.

According to Muzani, the process of appointing Rachmawati as deputy chairperson began during the 2014 presidential election after she quit the National Democrat (Nasdem) Party led by Surya Paloh.

Following her resignation from Nasdem, Prabowo asked Rachmawati to join Gerindra and help strengthen its executive board. "She accepted Prabowo's offer and was appointed deputy chairperson in the ideology department," he said as quoted by Antara news agency.

Prabowo also swore-in former finance minister Fuad Bawazir, former commander of the Indonesian Military (TNI) Djoko Santoso, Yunus Yosfiah and businessman Sandiago Uno as members of the party's patron board.

Also attending the inauguration ceremony were chairman of the Prosperous Justice Party (PKS) Anis Matta, chairman of PKS's patron board, Hilmi Aminuddin, chairman of United Development Party (PPP) Djan Faritz and chairman of the Perindo Party, Hary Tanoesudibjo. (rms)

Source: http://www.thejakartapost.com/news/2015/04/08/megawati-s-younger-sister-appointed-deputy-chairperson-gerindra.html

Pain predicted at polls for perfidious parties

Jakarta Globe - April 6, 2015

Yustinus Paat & Robertus Wardi, Jakarta – At least three political parties will suffer in this year's regional election, analysts predicted on Sunday, with two engulfed in a prolonged power struggle and the other showing no signs of any succession in leadership.

The Golkar Party, the United Development Party (PPP) and the Indonesian Democratic Party of Struggle (PDI-P) all have some tough times ahead, according to Masykuruddin Hafidz, a researcher at the People's Voter Education Network (JPPR).

The PPP and Golkar have been split since last year over rival claims to their chairmanships.

Golkar, the second-biggest caucus in the House of Representatives, is now divided into two factions: those supporting the chairmanship of Agung Laksono and those loyal to incumbent Aburizal Bakrie.

Meanwhile, the PPP's chairmanship is contested between former minister Djan Faridz and the party's former secretary general, Muhammad Romahurmuziy.

Masykuruddin said the two parties must resolve their disputes soon if they seek to avoid pain at the polls.

"If they don't resolve their conflicts immediately, their constituents will abandon the parties. That's not to mention the possibility of being disqualified by the KPU because of their squabbles," he said, referring to the General Elections Commission.

This year, 204 governors, district heads and mayors' terms will expire, according to the Home Affairs Ministry, which is responsible for scheduling simultaneous elections in December for these offices.

According to the KPU, candidates must register their bids by July, requiring candidates to obtain an endorsement letter from their party's national leadership board.

The Justice Ministry has recognized Romahurmuziy and Agung as the chairmen of the PPP and Golkar, respectively.

Complicating this, however, is a ruling by the Jakarta State Administrative Court (PTUN), which annulled the ministry's decision in the PPP dispute. The same court recently suspended the ministry's decision regarding Golkar's leadership pending a final ruling.

Masykuruddin predicts that even if the PPP and Golkar managed to settle their disputes in time to register candidates for regional elections, it will be hard to regain voters' confidence.

The voters see "the PPP and Golkar conflicts as having more to do with the interests of a few elites inside the parties for their own benefit," he said.

Another party predicted to perform badly this election is the PDI-P, but for a totally different reason.

"The PDI-P and its chairwoman, Megawati Soekarnoputri, have been interfering too much in Jokowi's administration," he said, refering to President Joko Widodo. Masykuruddin said voters view the PDI-P as having dictated Joko's cabinet appointments and the controversial nomination of a former Megawati aide as police chief.

That interference "has made it hard for Jokowi to execute his programs early in his administration," Masykuruddin said.

Ikrar Nusa Bakti, a senior political researcher at the Indonesian Institute of Sciences (LIPI), said PDI-P voters may also be put off by Megawati's refusal to give way for others to lead the party.

The PDI-P is scheduled to hold a national congress from April 9-12, but party stalwart Tjahjo Kumolo, the home minister, said on Sunday that Megawati was slated to continue, uncontested, as chair of the nation's biggest political party for a fifth consecutive term.

The congress will instead focus on finding a new secretary general, a post Tjahjo gave up to become minister.

Golkar and the PDI-P have the most to lose in this year's elections; Golkar in particular has previously enjoyed broad electoral support at the regional level and holds gubernatorial, district head and mayoral offices.

Aburizal has asked the KPU to accept consent letters on Golkar's behalf with his signature, arguing that as the incumbent chairman, his leadership is still technically recognized by the government until a successor is definitively named.

"Until the PTUN makes its final ruling, the faction authorized to stand for election is Aburizal's," Golkar member Ridwan Bae said on Sunday.

Meanwhile Romahurmuziy's PPP said the KPU should accept consent letters bearing his signature. He contends that irrespective of the court's ruling, his chairmanship is still technically recognized by the government.

Titi Anggraeni, coordinator of the Association for Elections and Democracy (Perludem), said the KPU was unlikely to accept either argument until all sides had exhausted their legal options.

"The parties' conflicts must be resolved first," she said. "There is no way the KPU [will recognize one camp] and get trapped in the squabble."

Titi predicts that many incumbents and candidates will abandon Golkar and the PPP as deadline nears if no resolution is in sight.

She added, however, that the PDI-P still had a chance of electing candidates, an outcome attributable to a political calculus at play in regional elections wherein candidates' electability takes precedence to political dynamics at the national level. The PDI-P's vote "may be impacted [...] but it won't be significant," she said.

Source: http://thejakartaglobe.beritasatu.com/news/pain-predicted-at-polls-perfidious-parties/

House in favor of allowing regional political dynasties

Jakarta Globe - April 3, 2015

Hizbul Ridho, Jakarta – The House of Representatives, or DPR, has asked election organizers to allow relatives of serving regional leaders to run in this year's elections, amid a move to block such a practice to prevent the rise of regional political dynasties.

The General Elections Commission, or KPU, should "let everyone have the same opportunity to run for public office," said Dadang S. Muchtar, a House legislator from the Golkar Party.

The KPU already has a restriction in place barring direct relatives of an outgoing governor from seeking the same office, and is planning to extend that prohibition to elections for mayor and district chief.

"We feel that [the restriction] should not be widened," Dadang said on Thursday, during a House hearing with KPU commissioners on a set of 10 regulations that the election organizer plans to issue.

"There's no need to implement [the same restriction] to candidates for district head and mayor," Dadang added. "If the reason is to prevent a conflict of interest or the formation of a [political] dynasty, then I think that should be the job of the [elections] supervisory committee to determine."

Abdul Malik Haramain, from the National Awakening Party, or PKB, also rejected the KPU's plan.

"The law that we've agreed upon doesn't need a reinterpretation," he said. "There's no need to extrapolate [the prohibition] downward and sideway. So don't bar a governor's family from ruling a district or a city."

KPU commissioner Hadar Nafis Gumay argued that his office was merely acting on the law, which stipulates the barring of anyone running who is "related to an incumbent," without specifying.

"We're not trying to change the law. What we're drafting is actually found in the law, that an incumbent's power needs to be limited," he told reporters after the hearing. "But it seems the majority [of legislators] disagreed. If so, then we can say they have little knowledge of the laws they passed."

The KPU is trying to limit the emergence of political dynasties across the country in the wake of the decentralization push that began in 1998.

The province of South Sulawesi is effectively run by the family of Governor Syahrul Yasin Limpo. Syahrul was once the district head of Gowa, a post that was previously controlled by his father, Muhammad Yasin Limpo, and now held by his brother, Ichsan. Syahrul also has brothers, sisters, sons and in-laws in key posts in regional legislatures and the House.

Similarly, the family of Governor Sjachroedin Zainal Pagaralam wields massive control over Sumatra's Lampung province. Sjachroedin's father was the former governor, and the incumbent's two sons are the head and deputy head of two different districts in Lampung.

But no dynasty approaches the scale of that of Ratu Atut Chosiyah, the now-jailed former governor of Banten, who reportedly has at least 30 family members in influential posts including those of district head, mayor, regional legislator and party chapter leader throughout the province.

At least 25 family groups rule different parts of Indonesia, according to a recent analysis by the Republika newspaper. Through the practices of patronage, cronyism and bid-rigging, such dynasties have long been used to embezzle massive amounts of money from regional budgets.

Source: http://thejakartaglobe.beritasatu.com/news/house-favor-allowing-regional-political-dynasties/

Agung's Golkar camp tells Prabowo coalition to stay out of party split

Jakarta Globe - April 2, 2015

Jakarta – The Golkar Party faction led by Agung Laksono warned the Red- White Coalition (KMP) on Thursday that it was to stay out of the party's spectacular split and allow resolution to be found through its own internal procedures.

A Golkar politician from Agung's camp, Agun Gunanjar Sudarsa, emphasized that the dispute was an internal matter.

"I just want to remind the KMP this is the Golkar Party's internal problem, which can only be solved through the party's internal mechanism, do not drag other political parties into this," Agun said on Thursday.

Agun's statement was made after the KMP held a press conference on Wednesday to declare support for the rival camp led by the incumbent chairman, Aburizal Bakrie. "I believe other political parties would not accept it if others were interfering in their internal problem," Agun added.

The KMP is the coalition of parties that backed former general Prabowo Subianto and his running mate Hatta Rajasa in last year's presidential election.

Source: http://thejakartaglobe.beritasatu.com/news/agungs-golkar-camp-tells-prabowo-coalition-stay-party-split/

Mega gradually losing control of PDI-P

Jakarta Post - April 2, 2015

Jakarta – Megawati Soekarnoputri will probably not be facing any opposition at next week's congress for the Indonesian Democratic Party of Struggle (PDI-P), but she has to accommodate a growing consensus in her party that she should share power with younger members of the party during her next five-year term.

A study by the Centre for Strategic and International Studies (CSIS) shows that the daughter of first president Sukarno would not be able to obtain absolute support from local chapter leaders, unlike she had in the past. The study concluded that 31.5 percent of the 467 PDI-P chapter leaders would prefer a new leader, suggesting that Megawati will not win by acclamation, or support from every leader.

"This means the PDI-P is currently far from the former acclamation of Megawati's leadership that was issued during the party's National Leadership Meeting in September 2014 in Semarang, Central Java," CSIS researcher Philips J. Vermonte said in a press conference on Wednesday.

Megawati was an opposition icon during Soeharto's rule up until his fall in 1998. One year later, in 1999, the PDI-P won the legislative elections. But at that time Megawati was only able to become the deputy of Abdurrahman "Gus Dur" Wahid, who was elected as the country's fourth president during the October elections of 1999.

Megawati replaced Gus Dur in 2001 after he was impeached and served until 2004. Following her brief stint as president, Megawati lost two direct presidential elections to Susilo Bambang Yudhoyono in 2004 and 2009.

For the 2014 presidential race, the PDI-P nominated then Jakarta governor Joko "Jokowi" Widodo, who won against Prabowo Subianto.

After he won, many PDI-P members were angry when Megawati openly attempted to control the Jokowi administration, including her shenanigans surrounding the appointment of the new National Police chief.

"Around 147 branch party leaders have the gall to be openly unsupportive of Megawati as a chairperson candidate. This openness is quite surprising," Philips said, offering an interpretation of the CSIS report.

The CSIS interviewed 467 regional PDI-P leaders who reported their preference from a list of five possible candidates: Megawati, Megawati's daughter Puan Maharani, Jokowi, Central Java Governor Ganjar Pranowo, Home Minister Tjahjo Kumolo and legislator Pramono Anung.

Megawati was chosen by 320 of the respondents, while the other potential candidates received 25, 76, 14 and 11 votes, respectively. Five respondents mentioned names not included on the list and 16 others did not state any preference.

When they were asked about the potential of leaders, Jokowi was most highly rated. "Jokowi got the highest index of 26.6 percent, followed by Puan Maharani at 22.8 percent, Megawati at 15 percent, Ganjar Pranowo 9.1 percent and Tjahjo Kumolo 8.9 percent," said Arya Fernandes, another CSIS researcher.

When asked about whether or not the party should always be led by a member of the Sukarno clan, the respondents were almost evenly split: 51.2 percent supported rule by a member of the Sukarno family while the other 48.8 percent said otherwise.

Last month, Poltracking Indonesia conducted a similar study that concluded that within the party, Jokowi was much more popular than both Megawati and Puan.

During the press conference, PDI-P members Andreas Pareira and Maruarar Sirait, who spoke in a panel discussion, questioned the results of the study. "Which leaders? When the survey was conducted, the PDI-P was still holding its branch conferences for leadership selection," Andreas said.

Maruarar also disagreed with the conclusions of the study. "The PDI-P is the only party that won two elections and it was because Megawati was in charge of our party." (saf)

Source: http://www.thejakartapost.com/news/2015/04/02/mega-gradually-losing-control-pdi-p.html

Golkar leadership in doubt as court suspends Agung

Jakarta Globe - April 1, 2015

Hotman Siregar & Markus Junianto Sihaloho, Jakarta – The State Administrative Court on Wednesday temporarily suspended the Justice Ministry's decision to endorse a pro-government faction inside the Golkar Party until the court makes its final ruling.

The court, known as PTUN, is hearing a lawsuit lodged by incumbent Golkar chairman Aburizal Bakrie against the ministry's recent decision to recognize his rival Agung Laksono as the legitimate leader of Indonesia's oldest party.

The court "grants a motion to suspend the implementation of all objects in contention as demanded by the plaintiff," Judge Teguh Satya Bhakti, who presided over the case, said in his preliminary ruling.

Judge Teguh also "orders the suspension of the implementation of the Ministry of Justice and Human Rights' letter [recognizing Agung's claim to the chairmanship] until [the court] makes its final ruling."

The court also ordered Golkar executives under Agung "not to make any decisions" while the case is being heard.

Aburizal supporters immediately erupted in jubilation over the decision while some prostrated themselves in front of the judges. "The truth is finally revealed" said Bambang Soesatyo, Aburizal's treasurer and the secretary general the Golkar caucus in the House of Representatives.

But Fayakhun Andriadi of Agung's camp said the preliminary ruling would not deter his camp's decision to have Bambang replaced as a caucus official.

Agung's camp is also seeking to replace caucus chairman Ade Komarudin. Ade and Bambang are slated to be replaced by Agus Gumiwang and Fayakhun, respectively.

"We cannot make any more decisions before the court makes a final ruling," Fayakhun said after the ruling. "But [Gumiwang] was appointed as caucus chairman before this preliminary ruling. So Agus Gumiwang's leadership over the caucus is still legitimate."

Ade however made a different argument, saying that Gumiwang's leadership has not been officially recognized by the House. "I urge [Agung's camp] to respect the law. Honor this preliminary ruling," he said.

Golkar split in December, with one faction throwing its support behind Agung Laksono and the other remaining loyal to Aburizal Bakrie, the incumbent chairman.

Agung has criticized Aburizal for the party's poor result in last April's legislative elections as well as his support of former general Prabowo Subianto, who eventually lost the presidential race to Joko Widodo.

However, Aburizal refused to back down from his re-election bid, staging a national congress in Bali in November. The congress, which his rivals consider a sham, saw Aburizal re-elected for a second term. A rival congress held in Ancol, North Jakarta, saw anti-Aburizal party members elect Agung as chief in early December.

Both sides agreed to settle the dispute through the party's internal tribunal. But the tribunal issued a split decision, with two of the four judges ruling in favor of Agung, while the other two said that the dispute should be settled by a court. The government had accepted the ruling issued by the two judges in favor of Agung.

The rift inside the party reached a new height on Monday as a dramatic scene played out in the party's House caucus office.

Incumbent caucus officials, including Bambang, reportedly locked the office, located on the 12th floor of the House's Nusantara I building, forcing their successors to call in House security officials and a locksmith to open the doors.

The incumbents barricaded the doors with furniture, while other entrances were replaced with drywall. The new caucus officials were finally able to enter the office.

Abdul Fickar Hadjar, a legal expert from Trisakti University, said the rift would only prolong following the court's decision. Golkar could be heading toward another schism once the court issues its final ruling, Fickar added, with the losing side likely to form its own party.

Previous splits inside Golkar have given birth to many political parties, most notably the Democratic Party, the Great Indonesia Movement Party (Gerindra) and the National Democrat Party (NasDem).

Meanwhile, other experts said if the State Administrative Court officially annulled the ministry's decision Golkar would remain in a perpetual state of conflict with no side seemingly willing to admit defeat.

An annulment, would also mean Golkar has to sit out several regional elections this year. The Ministry of Home Affairs previously said that there are 204 governors, district heads and mayors across the country whose terms end this year. The ministry scheduled these elections to be held simultaneously.

According to the General Elections Commission (KPU), candidates must register their bids by July with the elections to be held in December.

But gubernatorial, district head and mayoral candidates need the written consent of their respective parties' national leadership board before they can register their bids to the local elections committee.

The preliminary ruling is also emboldening calls to launch an inquiry against Justice Minister Yasonna Laoly.

"This shows his decision [to recognize Agung's reign] is troublesome," Bambang argued. "This [ruling] will strengthen our argumentation to launch an inquiry."

So far only Gerindra and the Prosperous Justice Party (PKS) have officially declared their support for the inquiry.

Source: http://thejakartaglobe.beritasatu.com/news/golkar-leadership-in-doubt-as-court-suspends-agung/

Police vs KPK

KPK urged to take control of Budi Gunawan case

Jakarta Post - April 8, 2015

Jakarta – The Anticorruption Society Coalition has called on the Corruption Eradication Commission (KPK) to take over the Comr. Gen. Budi Gunawan case from the police, given fresh fears the case will be dropped.

"We call on the police to return Budi's dossier to the KPK," Miko Ginting, a member of the coalition, said in a press conference here on Wednesday.

He slammed acting KPK chairman Taufiequrachman Ruki, who following his recent appointment as acting KPK chairman, handed the case to the Attorney General's Office (AGO), which later gave it to the police.

He said the case would likely be dropped because the dossier was handled by police investigator Victor who was Budi's subordinate when Budi was chief of the police's education division.

"The acting KPK chairman raised a white flag after the South Jakarta District Court invalidated Budi's suspect status. This is a mistake because the submission by the KPK of Budi's dossier to the AGO had no legal basis and therefore it was against the law," he said.

He added that the KPK should be held responsible for submitting Budi's case to the police.

Another coalition member, Erasmus Napitupulu, was of the same opinion and said President Joko "Jokowi" Widodo should sack Ruki because his actions ran counter to the anticorruption movement.

"We call on the President to recruit professionals with high integrity to fill strategic positions, including KPK posts," he said as quoted by kompas.com. (rms)

Source: http://www.thejakartapost.com/news/2015/04/08/KPK-urged-take-control-budi-gunawan-case.html

House urges president to restore Budi Gunawan's reputation

Jakarta Globe - April 7, 2015

Hizbul Ridho & Fana F.S. Putra, Jakarta – Legislators at the House of Representatives have demanded that President Joko Widodo "restore the honor" of Budi Gunawan, his one-time nominee for police chief, after the president scrapped his nomination amid an outcry over graft allegations.

"I believe most members [of the House] have urged the president to protect B.G.'s dignity because he won the pretrial motion," House Deputy Speaker Fahri Hamzah said in Jakarta on Tuesday.

The pretrial motion he was referring to resulted in a controversial court ruling in February that acquitted Budi of the bribery and money-laundering charges brought by the Corruption Eradication Commission (KPK) – before he had even been indicted.

Budi, who was named a corruption suspect in January, days after being nominated for National Police chief, successfully challenged the KPK's decision to name him a graft suspect, but had his nomination withdrawn by Joko, who cited the public outcry fanned by the fiasco.

In a meeting with legislators on Monday, Joko defended his decision to cancel the nomination, again citing social and legal considerations as justification.

At the meeting, most of the 10 parties represented at the House voiced their support for Joko's new nominee, Badrodin Haiti, the deputy chief of police.

However, they also demanded a top position for Budi to make up for what they say was a charge without basis brought by the KPK. (The antigraft agency notes that the police general was on its radar for years in connection to millions of dollars in financial transactions through his personal bank accounts, in a case known as the "fat accounts" scandal.)

A legislator from the pro-government Awesome Indonesia Coalition (KIH), who asked not to be named, said Budi would likely be named the deputy police chief.

Deputy Speaker Fahri, from the opposition Red-White Coalition, said separately that the one-time suspect deserved a high post in the police force. "It is to restore Budi Gunawan's reputation because he should have been the National Police chief," he said.

Budi's nomination was one of may appointments by Joko sees as politically influenced. Budi was the security aide to Joko's political patron, Megawati Soekarnoputri, the chairwoman of the Indonesian Democratic Party of Struggle (PDI-P), during her presidency from 2001-04.

The KPK's move to declare Budi a suspect prompted a seemingly retaliatory backlash from the police, who launched a series of dubious probes into the KPK commissioners based on cold cases, some of them a decade old.

Observers say it appears likely that Budi will get the post of deputy chief, given his close ties to Badrodin, who once served as his subordinate and has also been implicated in the "fat accounts" scandal.

Siti Zuhro, a political analyst with the Indonesian Institute of Sciences (LIPI), said that although it was the police chief's prerogative to pick his deputy, Badrodin should not pick Budi, given his questionable integrity.

"Integrity is a criterion that cannot be negotiated," she said. "The National Police chief and his deputy should be role models for the public. The public has a stake in having a professional, functional and integrated police institution, one that we can respect."

The Indonesian Judiciary Watchdog Society (MaPPI) of the University of Indonesia's School of Law also called on the president to be consistent on Budi.

"He canceled B.G.'s inauguration as police chief because of the controversy among the public, so he shouldn't approve B.G.'s nomination as deputy police chief," said MaPPI researcher Dio Ashar Wicaksana.

Source: http://thejakartaglobe.beritasatu.com/news/house-urges-president-restore-budi-gunawans-reputation/

Badrodin to lead National Police, embattled Budi tipped for deputy

Jakarta Post - April 7, 2015

Margareth S. Aritonang and Ina Parlina, Jakarta – Satisfied with President Joko "Jokowi" Widodo's explanation of why he chose Comr. Gen. Badrodin Haiti to lead the National Police, the House of Representatives will formally give Badrodin its blessing, enabling him to fill the top police position by the end of the month.

The House's Commission III overseeing legal affairs is scheduled to hold a hearing to confirm Badrodin's nomination in two weeks' time, which was agreed to allow lawmakers from the ruling Indonesian Democratic Party of Struggle (PDI-P) to participate in the process after the party's national congress on April 8-12.

"None of us explicitly rejected the [President's] explanation. Several political factions did present critical notes in their response, but the majority of us accepted it," House Deputy Speaker Fadli Zon told the press after a three-hour meeting with Jokowi on Monday.

Fadli, a politician from the Gerindra Party, further said that a plenary meeting on Tuesday would officially assign Commission III to proceed with the process.

Monday's meeting was arranged because of a House request that Jokowi elaborate on his decision to uphold Badrodin's nomination over his earlier choice of Comr. Gen. Budi Gunawan, whose nomination was annulled after he was declared a suspect in a graft case.

Although the South Jakarta District Court cleared Budi's suspect status, Jokowi refused to re-nominate the former adjutant to former president and current PDI-P chief Megawati Soekarnoputri and instead called for the House to proceed with confirming Badrodin's nomination.

In a joint press conference at the House complex, Jokowi cited social and legal considerations to defend his decision.

"I explained that I did not inaugurate Comr. Gen. Budi Gunawan as National Police chief because it had caused public controversy. And thus, we nominate a new candidate to create peace in the public as well as to respond to the need [for a new chief] in the police," said Jokowi.

Jokowi assured that despite perceptions of a tense relationship between the government and House on the matter, the meeting on Monday was conducted in a family-type atmosphere.

Jokowi's explanation apparently convinced the majority of political factions at the House, including the PDI-P, which had earlier been strongly opposed to dropping Budi's bid.

PDI-P executive Trimedya Panjaitan, who is a deputy chairman of Commission III, called for Jokowi to take measures to restore Budi's dignity. "Jokowi will do something on this," he assured.

Such measures may include nominating Budi as the National Police's deputy chief, a proposal that emerged during the meeting, according to several lawmakers in attendance.

Requesting anonymity due to the sensitivity of the issue, the lawmakers said Jokowi did not reject the proposal and said it was a feasible option if the police supported it.

The President also encouraged government officials and lawmakers not to intervene in the process should the National Police endorse Budi's nomination as deputy chief.

Responding to the matter, Badrodin claimed he did not know the strongest candidate for the deputy chief post, but hinted Budi could be among the candidates.

"I don't know," he said later in the day on the sidelines of a meeting at the State Palace. "[But] it is possible," he added in his response to growing speculation that Budi might be named his deputy.

According to Badrodin, the nomination of candidates for deputy police chief should be conducted in line with the existing mechanism, in which a candidate should be first proposed by the police leadership and its Rank and Promotion Council for High Ranking Officers (Wanjakti).

Wanjakti, Badrodin added, would propose one or several names to the President, who would have the final say. "The process occurs after the police chief is inaugurated," he added. "Later, we will propose all the names that meet the requirements."

Badrodin later expressed his optimism about his nomination, saying that he was ready to present his vision and mission regarding the police's priority programs in front of lawmakers.

Source: http://www.thejakartapost.com/news/2015/04/07/badrodin-lead-national-police-embattled-budi-tipped-deputy.html

KPK entrusts police to handle Budi Gunawan case

Jakarta Post - April 7, 2015

Jakarta – Suspended police chief candidate Comr. Gen. Budi Gunawan will not likely stand trial, as the Corruption Eradication Commission (KPK) has handed over his graft case to the National Police through the Attorney General's Office (AGO), to be handled in accordance with the law.

Acting deputy KPK chairman Indriyanto Seno Adjie said Tuesday that the KPK had entrusted the case to the police.

"We have entrusted the National Police with the handling of the Budi Gunawan case regardless of if he stands trial or is acquitted of the graft charges," kompas.com quoted him as saying on Tuesday.

The KPK handed over the Budi case to police through the AGO after the South Jakarta District Court invalidated Budi's suspect status in a pretrial petition filed by Budi.

KPK named Budi a suspect after receiving a report that he had received a large sum of money from a businesswoman when he was chief of the police's career and human resources development section from 2004 to 2006. Budi's alleged involvement in the graft case has sparked strong opposition to his nomination as police chief.

Despite a political endorsement from the House of Representatives, the President bowed to public pressure to drop Budi's nomination nominating acting police chief Comr. Gen. Badrodin Haiti in his place. This move was expected to end the police-KPK conflict.

Indriyanto was reluctant to comment on whether the police would be trapped by conflicting interests in handling the case. "We entrust the police to handle the Budi case independent of the possibility that the case will be dropped," he said. (rms)

Source: http://www.thejakartapost.com/news/2015/04/07/KPK-entrusts-police-handle-budi-gunawan-case.html

Indonesia's political elite 'plotting to cripple antigraft agency'

Reuters - April 4, 2015

Randy Fabi & Fransiska Nangoy, Jakarta – Indonesia's political elite have closed ranks to undermine the country's antigraft commission, which has already been weakened by a bitter dispute over the president's choice for police chief, a senior official of the agency said.

Johan Budi, acting deputy chairman of the Corruption Eradication Commission (KPK), also took a swipe at President Joko Widodo, who was elected last year amid hopes that he would confront the corruption that plagues Indonesia, for dithering over the row and allowing the commission's work to be derailed.

"I think the KPK is now a common enemy for high-ranking politicians," he told Reuters in an interview in his Jakarta office late on Thursday. "I don't know what the future holds for the KPK, but it will depend on the president and the legislature."

Some members of parliament were pressing for the laws empowering the KPK to be watered down, he added.

The KPK is popular among ordinary Indonesians for being a thorn in the side of the establishment in a country that Transparency International's corruption perception index ranks below China and Niger.

The attack on the KPK started in January, when the agency declared police general Budi Gunawan a corruption suspect, just days after he was named the president's choice for police chief.

The police, the attorney general's office and members of President Widodo's administration sharply criticised the KPK for that decision, saying it was politically motivated.

Public outcry

Gunawan is close to former President Megawati Sukarnoputri, Widodo's chief patron and head of his party, the Indonesian Democratic Party-Struggle (PDI-P).

Widodo, widely known to Indonesians by his nickname "Jokowi", eventually withdrew Gunawan's candidacy in February after weeks of public outcry. But the president also suspended two KPK leaders, who were named as suspects by police in separate criminal cases, a move many saw as a compromise to appease both rival law enforcement agencies. Dozens of KPK investigations have since stalled and fewer witnesses want to cooperate with the agency, Budi said.

"We have 36 big cases that have slowed down, including ones looking into oil and gas," Budi said. "Jokowi was a bit too slow and the case looked like it was hanging in the air. I think there was someone in his inner circle that made him take longer to decide on the KPK-police case."

He said Widodo's predecessor, Susilo Bambang Yudhoyono, was quicker to defend the KPK in squabbles with the police.

Widodo's handling of the case has led many to question the president's determination to fight corruption and take on powerful vested interests in Southeast Asia's largest economy.

Although attacks from the police have eased, Budi said the KPK was now being targeted by lawmakers. Parliament, which along with the police has been one of the most frequent subjects of KPK investigations, is reviewing the law governing the agency.

"The elite politicians don't like the KPK," Budi said. "They have long wanted to revise the law. This can be another tool to attack the KPK again."

Source: http://thejakartaglobe.beritasatu.com/news/jakarta/indonesias-political-elite-plotting-cripple-antigraft-agency/

In House's flip-flop to vet Badrodin, Golkar dispute appears to play a

Jakarta Globe - April 3, 2015

Markus Junianto Sihaloho & Robertus Wardi, Jakarta – The House of Representatives has signaled it may soon begin to vet the country's next police chief, indicating a possible compromise in a standoff after the president's previous nominee was scuppered over corruption concerns.

House Deputy Speaker Agus Hermanto said on Thursday that Comr. Gen. Badrodin Haiti's nomination "will be forwarded to Commission III," which oversees legal affairs. That decision appears at odds with the House's earlier stance.

On Monday, eight of the 10 political parties in the House demanded President Joko Widodo explain his decision to withdraw Comr. Gen. Budi Gunawan's nomination as National Police chief as a condition of agrement to vet Badrodin instead.

Agus's remarks came on the same day that House Commission III staged a hearing with Badrodin, during which Golkar Party legislator John Kenedy Azis (no relation to the Hyannis Port Kennedys) asked the acting police chief about the status of a complaint lodged by several Golkar legislators loyal to incumbent chairman Aburizal Bakrie.

The complaint by Aburizal loyalists alleges that Justice Minister Yasonna Laoly abused his authority by recognizing Agung Laksono as the party's official leader amid a bitter leadership dispute.

Aburizal's camp is also filing a complaint against Agung's supporters for forging signatures in a congress in Ancol, North Jakarta, last December that elected Agung as chair. The Ancol congress was staged to rival another Golkar congress in Bali days earlier that elected Aburizal for a second term.

The National Police's chief of detectives, Comr. Gen. Budi Waseso, said police were already targeting "two potential suspects" in the document forgery case.

"We are trying to prove that there is indeed an act of forgery. Actually, we already have potential suspects. Currently there are two and there could be more in the future," he said, adding that police were still trying to obtain the original petition that paved the way for Agung's congress in Ancol.

Aburizal's supporters claim that the petition used a forged Golkar stamp and included members of other parties, as well as a Golkar politician who has been dead for several years. Badrodin did not elaborate on what specific actions had been taken on the Agung faction's complaint.

Experts have long predicted that legislators may use the National Police nomination for a political horse trade. The House is currently controlled by the opposition Red-White Coalition. With 91 seats, Golkar is the biggest opposition party and the split has proved to be of great interest for both the ruling coalition and the opposition bloc.

Source: http://thejakartaglobe.beritasatu.com/news/houses-flip-flop-vet-badrodin-golkar-party-dispute-appears-play-role/

House: Joko must explain why he dropped Budi

Jakarta Globe - April 1, 2015

Jakarta – Eight of the 10 political parties in the House of Representatives have demanded an explanation from President Joko Widodo on his decision to cancel the nomination of Comr. Gen. Budi Gunawan as National Police chief before they will agree to vet his replacement.

Only the National Mandate Party (PAN) and National Democrat Party (NasDem) officially requested a confirmation hearing be conducted immediately for Comr. Gen. Badrodin Haiti, currently the deputy chief of the National Police, so he can be confirmed as the new chief.

"We support Badrodin, because the National Police has long been without a leader. [Badrodin's nomination] must be processed immediately," PAN deputy chairman Mulfachri Harahap said before a House plenary session on Wednesday.

The National Police have been without a leader since Joko forced its previous chief, Gen. Sutarman, into early retirement in January, in favor of his own pick, Budi.

However, Budi's nomination caused a massive public outcry due to his alleged involvement in corruption between 2004 and 2006. Joko subsequently canceled Budi's nomination despite the House endorsing his choice.

"We support Badrodin Haiti [as police chief] and encourage the House to expedite [his nomination] process," NasDem secretary general Patrice Rio Capella said. But NasDem also wants Budi to occupy Badrodin's current post as deputy police chief.

Rio said his party did not wish to prolong the political fracas created by Budi's nomination. "We hope the country's best interest is put before all else, so we can move on and focus on other issues that are important to the nation," he said.

The Indonesian Democratic Party of Struggle (PDI-P), which has long supported Budi's nomination, said it wanted to hear the president's explanation on canceling Budi's nomination first.

"We are fine with Badrodin Haiti [becoming police chief]. What we question is why Budi Gunawan was not inaugurated when his nomination had been approved by the House," veteran PDI-P politician Trimedya Panjaitan said.

Trimedya said Joko's decision to cancel Budi's nomination was disrespectful of the House and could upset ties between the State Palace and the legislature. "The president should have some manners," he said.

Budi served as a security aide to PDI-P chairwoman Megawati Soekarnoputri during her time as president from 2001 to 2004.

Trimedya said he was perfectly aware that the president had told the media that the cancelation was due to the massive public rejection of Budi, who at one time was named a graft suspect, to become the country's top law enforcer.

But he said the president should explain this in an official letter to the House before naming Badrodin as a replacement candidate.

Dossy Iskandar Prasetyo of the People's Conscience Party (Hanura) shared the sentiment, saying that had the president given an official explanation, Badrodin's nomination "would have been approved immediately."

Horse trading

Nico Harjanto, of the Populi Center think tank, said that as a member of the president's ruling coalition, the PDI-P had no right to pressure or even question Joko, who is also a PDI-P member, and his prerogative to pick whoever he liked as police chief.

Nico said he suspected that the PDI-P wanted something in return from Joko. "They could want more seats in [Joko's] cabinet," he said.

Lucius Karus, a senior researcher at the group Concerned Citizens for the Indonesian Legislature (Formappi), said the House was not purely seeking an explanation. "The real motivation is to buy time," he said, adding that there was bound to be some political horse trading between the parties and the president.

House leaders are seeking a private meeting with the president on the matter. The State Palace said it would grant the request but sent Home Affairs Minister Tjahjo Kumolo and chief security minister Tedjo Edhy Purdijatno on Wednesday to conduct preliminary talks.

The two ministers arrived at the House building in South Jakarta at around 9 a.m. on Wednesday. The meeting took place behind closed doors and the ministers refused to divulge details before reporting back to the president.

"What is clear is that we are trying to find time [for the House leaders to meet the president]," Tedjo said.

The House leaders will likely meet the president today or on Monday next week. Joko "is busy making preparations for the Asia Africa Conference," the security minister said.

Aziz Syamsudin, chairman of House Commission III, which is tasked with vetting Badrodin, said there had not been any schedule for the vetting to take place.

Source: http://thejakartaglobe.beritasatu.com/news/house-joko-must-explain-dropped-budi/

Surveys & opinion polls

Cabinet that's all show and no go fuels dissatisfaction

Jakarta Globe - April 6, 2015

Hizbul Ridho, Jakarta – President Joko Widodo's popularity has taken a steep tumble following a slew of controversial policy initiatives, prompting a call for a cabinet reshuffle to boost his administration's performance.

The results of a survey of 1,200 respondents on Monday showed that 60 percent were satisfied with the president's performance in his first six months in office, compared to 75 percent when he started, said Mohamad Qodari, the executive director of pollster Indo Barometer.

"This shows that in the half-year of Jokowi's presidency, public satisfaction toward the president has fallen far from" its initial high, he said. "It's even lower compared to SBY," he added, referring to former president Susilo Bambang Yudhoyono's own ratings shift during his first six months in office.

Despite the drop, Joko still polled well compared to other top officials in his administration. Vice President Jusuf Kalla, drew an approval rating of 55 percent, while fisheries minister Susi Pudjiastuti topped the list of cabinet members with 24 percent of respondents saying they were satisfied with her performance in office. A distant second, with less than 4 percent approval, was the usually highly regarded education chief, Anies Baswedan.

Indo Barometer carried out the survey from March 15 to 25 among respondents in all 344 provinces nationwide.

Observers point to the low ratings for the ministers for dragging down Joko's numbers, arguing the president should consider a cabinet reshuffle.

"Joko must evaluate his cabinet's performance," Irman Gusman, the speaker of the Regional Representatives Council, or DPD, said on Monday. "I don't think he should wait for a year to consider a reshuffle," as suggested by coalition partners. "Do it soon, and the ratings will surely improve in the next six months," Irman said.

Achmad Wijaya of the Indonesian Chambers of Commerce and Industry, or Kadin, said most of Joko's ministers were too busy aping the president by engaging in blusukan, the community visits popularized by Joko during his time as mayor of Solo and later governor of Jakarta.

"Anyone can do blusukan. But not everyone can formulate a strategy and perform," Achmad said. "There hasn't been any clear outcome from all these blusukan. Ministers like these need to be replaced."

He also called on the president to replace his four coordinating ministers, whom he accused of allowing the ministers they oversaw to work without any clear policy coordination.

Arbi Sanit, a political analyst from the University of Indonesia, said he was skeptical of any positive change even if Joko did reshuffle his cabinet, noting that the president would still need to make concessions to the parties in his coalition.

"This is a serious consideration for Jokowi. His cabinet composition will determine his administration's political strength," Arbi said.

Andar Nubowo of the think tank Indo Strategi said it was the president himself who was to blame for his administration's poor performance, by failing to create breakthrough policies to boost public confidence in his government.

"He hasn't done anything to fulfill his campaign promises of creating a 'mental revolution' and so on," Andar said, referring to the vague catchphrase that underpinned Joko's election campaign. "People had high expectations of Jokowi, so his popularity has suffered when he's failed to deliver."

Joko's trail of controversial moves began shortly after he took office in October last year, with his unveiling of a cabinet that included far more political appointees than he had promised.

The following month, he hiked the price of subsidized fuels, even as the world price of crude had tumbled – resulting in a bizarre situation where subsidized fuel actually cost more than it would have if the price was allowed to float.

The fuel price hike prompted a jump in food prices and public transportation fares, which have not gone down even as the fuel price has tailed off.

Irman said Joko's handling of the fuel price was the major factor in the decline in his approval rating, calling it "the single unpopular decision which had the widest impact on Indonesians." "Joko must be more sensitive the next time he issues such policies," he said.

The president has also disappointed with his nomination of a police chief and his mishandling of the fiasco that ensued, which left the nation's much-vaunted anti-corruption commission crippled.

On the economic front, he has taken a markedly nationalist tone, hinting that the country could put in place protectionist measures once the Asean Economic Community – meant to open up borders, trade and investment across Southeast Asia – takes force at the end of the year, and mooting a mandatory Indonesian proficiency test for expatriate workers.

Source: http://thejakartaglobe.beritasatu.com/news/cabinet-thats-show-no-go-fuels-dissatisfaction/

Environment & natural disasters

Law enforcement 'weak' against big business

Jakarta Post - April 4, 2015

Jakarta – A green group has warned that law enforcement in the environmental sector is effective at cracking down on ordinary citizens but leaves big business untouched.

NGO the Indonesian Center for Environmental Law (ICEL) said that President Joko "Jokowi" Widodo's administration, which took office on Oct. 20, 2014, had failed to persecute a number of companies that had conducted illegal logging activities, which had caused severe environmental damage in Indonesia.

The head of the NGO Henri Subagiyo said law enforcement in Indonesia was effective only in prosecuting poor people while it was weak against big firms. "Jokowi's slogan of law enforcement without discrimination has not been proven true," he said during a roundtable discussion on Thursday.

ICEL was referring to a number of companies allegedly involved in forest fires in Riau in 2014 against which the legal process appears to have met a dead end.

As previously reported, a massive forest fire in Riau in early 2014 sent haze to the neighboring countries of Malaysia and Singapore. Governments from the two countries complained to the Indonesian government, which launched a probe into several companies. No disclosures have yet been made.

ICEL also said that President Jokowi should prioritize enforcing environmental laws on big companies because they caused greater environmental damage.

"Forests are not just trees, if they [the government] simply perceive forests as trees then they will just end up jailing a helpless individual like grandmother Asyani," said Henri, who is also a lawyer.

Henri was referring to a 70-year-old woman in Situbondo who made headlines after being sentenced to three months in jail for allegedly stealing seven teak logs belonging to state forestry company PT Perhutani.

Source: http://www.thejakartapost.com/news/2015/04/04/national-scene-law-enforcement-weak-against-big-business.html

Health & education

Indonesia teachers skipping class regularly: Study

Jakarta Post - April 4, 2015

Fedina S. Sundaryani, Jakarta – A study conducted by the Education Sector Analytical and Capacity Development Partnership (ACDP) has found that across Indonesia, about one in 10 teachers does not show up to teach.

Examining a period between Oct. 18 and Dec. 15, 2013, 10 percent of the 8,300 teachers assigned to 880 elementary and junior high schools in Sumatra, Java, Bali and Nusa Tenggara, Sulawesi, Kalimantan, Papua and Maluku were absent from class.

When the same schools were surveyed again from Jan. 22 to March 31, 2014, the ACDP found the absentee rate had risen to 11 percent.

Out of the eight regions surveyed, the ACDP noted that Kalimantan, Bali and Nusa Tenggara had the highest teacher absentee rates, at 14 percent. Sumatra had the lowest rate at 8 percent.

Although the study showed a drop from the 19 percent absenteeism rate recorded in 2003, the ACDP said the figure was still disconcerting. "Although the number has decreased significantly, the country should not be satisfied by a 10 percent rate, as it is still too high," the ACDP study noted.

According to the survey, 26 percent of those teachers who were absent said they missed class because they were attending meetings or seminars.

The ACDP also noted that absent teachers were often actually on school grounds, just not in the classrooms they were supposed to be teaching in. "In many schools, the number of teachers absent [from classrooms] was even higher than the number of teachers absent from schools," the study said.

The study showed that in 2013, the number of teachers absent from classes stood at 14 percent. The figure was 12 percent in 2014.

At 17 percent, Sumatra had the highest number of teachers absent from classes, while Sulawesi had the lowest rate at 4 percent in 2014.

"Up to 32 percent of the teachers absent from classrooms said they were busy doing administrative work, while 24 percent said they were doing other school-related activities, such as preparing materials for [other] classes. The remaining 44 percent said they were doing 'other' activities," the study found.

The ACDP – which was established by government institutions, the National Development Planning Board (Bappenas), the Australian government, the European Union and the Asian Development Bank (ADB) – found that teacher absenteeism was worst in remote areas, at schools where principals were rarely present and in places where education agencies rarely visited.

"The government must reconsider its policies on working hours to decrease the chances of teachers being absent. Furthermore, the government must clearly define a teacher's activities outside of class," the ACDP said in its list of recommendations.

The study noted that the government needed to focus on teacher distribution, not on increasing the number of educators. According to the Organization for Economic Cooperation and Development (OECD), there were 2.7 million civil servants and non-civil servant teachers in Indonesia in the 2012-2013 academic year.

Source: http://www.thejakartapost.com/news/2015/04/04/ri-teachers-skipping-class-regularly-study.html

Graft & corruption

Pretrial puts brakes on another graft probe

Jakarta Post - April 8, 2015

Haeril Halim, Jakarta – Former energy and mineral resources minister Jero Wacik became the seventh graft suspect to file a petition to the South Jakarta District Court to challenge a Corruption Eradication Commission (KPK) investigation, his lawyer confirmed on Tuesday.

Although a pretrial motion could only be filed to challenge technicalities in the application of the country's Criminal Law Procedures Code (KUHAP), it became a saving grace for graft suspects after Comr. Gen. Budi Gunawan, whose candidacy as the National Police chief was annulled after the KPK named him a bribery suspect in January, stopped the KPK from investigating him following a pretrial verdict by the South Jakarta District Court.

Jero's lawyer, Sugiyono, said the pretrial petition, which was filed with the court on March 30, petitioned the court to order the KPK to stop investigating the Democratic Party central board member in two separate graft cases centering on his roles as former energy and mineral resources minister and former culture and tourism minister.

In its investigation, the KPK found that Jero had allegedly extorted his subordinates at the Energy and Mineral Resources Ministry to collect a total of Rp 9.9 billion (US$762,300) in dirty money during 2011-2013. When serving as culture and tourism minister, he allegedly committed the same offense by collecting a total of Rp 7 billion.

"My client is trying to seek justice through a pretrial petition. He disagrees with the KPK's move to name him a suspect in these two cases," Sugiyono said on Tuesday.

The KPK said after the South Jakarta District Court's controversial ruling on Budi that other graft suspects would use the pretrial motion to challenge the KPK's investigations as well as to refuse to attend questioning to avoid detention, making it difficult for the KPK to complete dossiers to send cases to court for trial.

"It is their right to file pretrial petitions but such a move should not be done to hamper our investigations," said KPK spokesman Priharsa Nugraha.

Before Jero, the former head of the House of Representatives Commission VII overseeing energy, Sutan Bhatoegana; former Supreme Audit Agency (BPK) chairman Hadi Poernomo; former Makassar mayor Ilham Arief Sirajuddin; former religious affairs minister Suryadharma Ali; and former director of state oil and gas operator Pertamina Suroso Atmo Martoyo, filed pretrial petitions to stop the KPK's investigation and avoid detention.

The KPK has expressed concern that another 34 suspects could file pretrial motions and complicate matters for the antigraft body.

One of the witnesses, Siti Tarwiyah, who was once questioned by the KPK in its investigation into former Bangkalan regent Fuad Amin, has also filed a pretrial petition to the South Jakarta District Court.

"Now it's easy for everyone to file a pretrial petition [for any reason]. The witness filed the petition because she questioned the way investigators handled her questioning in the case," Priharsa said.

Siti claimed that a KPK investigator had verbally attacked her by forcing her to admit that she was the third wife of Fuad and confirm that she was a beneficiary of the former regent's ill-gotten assets.

Meanwhile, Suroso continued to attack the KPK in his pretrial petition held on Tuesday at the South Jakarta District Court by saying that two KPK investigators handling his case were not legitimate investigators as they had resigned from the police in 2014.

The KPK said that it had right to hire as independent investigators those who have resigned from the police.

Separately, South Jakarta District Court spokesman Made Sutrisna said on Sunday that the court received another 27 pretrial petitions after Budi's successful petition in February. "Seven of them are KPK suspects, while the remaining ones are suspects from the National Police and the Attorney General's Office [AGO]," he said.

Source: http://www.thejakartapost.com/news/2015/04/08/pretrial-puts-brakes-another-graft-probe.html

Hard-line & vigilante groups

FPI members get seven months in jail

Jakarta Post - April 7, 2015

Jakarta – A panel of judges at the Central Jakarta District Court sentenced on Monday two senior members of the hard-line Islam Defenders Front (FPI), Novel Bamu'min and Shahabudin Anggawi, to seven months in jail for inciting a riot.

The sentences, handed out in two separate hearings, were three months lighter than the 10-month sentence sought by the prosecutors during previous hearings late in March.

During the hearings, two panels of judges said the defendants were proven guilty of violating Article 160 of the Criminal Code (KUHP) on provocation.

The judge presiding over Novel's trial, Iim Nurohim, said the defendant's behavior created public anxiety, but mitigating factors were that he had no criminal record and was polite during the trial.

"Based on these considerations and in according to Article 160 of the Criminal Code, the court declares the defendant guilty of provocation," Iim said during the trial, which ended at dusk.

Meanwhile, the judge presiding over Shahabudin's trial, Wiwik Suhartono said the defendant had been proven guilty of provoking other FPI members who were facing police officers during the rally that turned into a riot.

"Shahab led hundreds of protesters in front of DPRD [City Council], saying, 'Police and Satpol PP [Public Order Agency] don't stand in our way. There is no compromise for Ahok. [...] Kill Ahok! Don't be afraid. I will take responsibility. If you go to prison I will too [...]'," Wiwik said.

He said after hearing the provocation, a number of FPI members and the police started shoving each other in front of the DPRD gate. The FPI members then hurled stones, pieces of glass bottles and animal feces at the police. A number of police officers were injured and some cars were damaged.

The seven-month sentences were calculated from November 2014, when the defendants were first taken into custody, which means the convicts will only spend several more weeks in jail. The court gave them seven days to file an appeal.

Meanwhile, in another hearing later in the evening, the panel of judges sentenced 15 other FPI members to six months and 10 days in jail for assaulting officials. This means they will only spend five more days in prison.

Previously, the prosecutors charged Novel and Shahabudin as well as 15 other FPI members under Article 160 of the KUHP on provocation, Article 214 on assaulting officials and Article 170 on violence.

The rally took place in front of the City Council building on Oct. 3, 2014. During the protest, the radical group demanded the council cancel the inauguration of Basuki "Ahok" Tjahaja Purnama as Jakarta governor.

Back then, responding to the FPI's relentless protests, Ahok said he would file an official recommendation with the home and law and human rights minister to disband the notorious hard-line organization as the protests were offensive and against the 1945 Constitution. (rbk)

Source: http://www.thejakartapost.com/news/2015/04/07/fpi-members-get-seven-months-jail.html

Freedom of religion & worship

Komnas HAM demands state action on intolerance

Jakarta Post - April 8, 2015

Jakarta – The National Commission on Human Rights (Komnas HAM) issued a report on Tuesday demanding the government issue better laws on tolerance and properly enforce existing laws on religious discrimination.

The government-funded commission conducted monitoring on religious intolerance in the country from January to March and decided to issue a quarterly report, instead of an annual one like it had done in the past, as it said the situation was worsening.

In its report, the commission said that although the country already had laws to promote religious tolerance, they were ineffective or poorly enforced.

"The government's inaction [on law enforcement] gives impunity to perpetrators so they will do it over and over again," said Muhammad Imdadun Rahman, a member of Komnas HAM, on Tuesday.

The commission said laws on religious tolerance had been ineffective because they had multiple interpretations and overlapped.

"Take for example the joint ministerial decree, it says the government should accommodate houses of worship. Accommodate what? Accommodate their shutting down or their construction? It's not clear," said Komnas HAM religious freedom desk coordinator Jayadi Damanik, referring to a regulation jointly signed by the Home Ministry and the Religious Affairs Ministry on guidelines for the construction of houses of worship.

The commission also reported that the government had been very weak in enforcing laws on religious tolerance.

While some cases were clearly regulated in the Constitution, the government did not apply sanctions against perpetrators and even when the government decided to take action, it had a negative impact on the victims of religious intolerance, Komnas HAM found.

The rights body said that what had happened to members of the Indonesian Christian Church (GKI) Yasmin congregation in Bogor, West Java, was one example.

The congregation members could not worship freely in their own church because a group of people had opposed the construction of the church.

Instead of allowing the community to worship freely and without intimidation, the authorities shut down the church.

"Indonesia has ratified the ICCPR but some minorities cannot freely express their own faith," Jayadi said, referring to the International Covenant on Civil and Political Rights (ICCPR), an international standard on individual rights.

Another example of victims experiencing the negative impact of law enforcement is the Shia community in Sampang, Madura, East Java.

The Shiites were told to leave their homes because local hardliners campaigned against their presence in the local community. The government, instead of protecting religious freedom, moved the community to a new location for "safety reasons".

In its report, Komnas HAM called the government "insensitive" toward intolerance, which had been worsening in Indonesia.

"Now new cases occur, even before the government has settled the old ones," Imdadun said. "We demand the government to take action before there are any more victims [of intolerance]." (saf)

Source: http://www.thejakartapost.com/news/2015/04/08/komnas-ham-demands-state-action-intolerance.html

Indonesia Muslim dress code controversy as state university bans burqa

Jakarta Globe - April 2, 2015

Hizbul Ridho, Jakarta – A state university in South Kalimantan has drawn the ire of one of Indonesia's Islamic political parties for its decision to ban female students from attending class in a niqab, a full face covering similar to a burqa that is rare in Indonesia but nonetheless promoted by some Islamic teachers as a requirement for Muslim women.

Late last month, Lambung Mangkurat University instructed female college students that they were not permitted to wear the niqab to campus.

"If there's a student wearing a [face-covering] veil, we will reprimand them," said Sutarto Hadi, rector at Lambung Mangkrat University, as cited by news portal MediaIndonesia.com. "If they insist [on wearing it], we advise them to find another institution."

Lambung Mangkurat has 8,200 students enrolled across its 10 faculties. It is the largest state university in South Kalimantan, with campuses in Banjarmasin and Banjarbaru.

Sutarto said a niqab would make it difficult for university staff to identify students. He added that the full-face cover was not typical to Indonesian culture.

Reni Marlinawati, a lawmaker from the United Development Party (PPP), condemned the regulation, however, and requested the university withdraw the ban.

"The regulation is against human rights principles, as based on Article 28 of the country's 1945 Constitution, which states that everyone has the right to express their beliefs, opinions and stance of what they really believe in," Reni said earlier this week.

Reni said the university's underlying argument for the regulation, to aid staff in identifying students, could be addressed without issuing a blanket ban.

"Universities should focus on their main role as an agent of change by enriching their students' knowledge, strengthening their research skills and becoming the center for various studies," Reni said.

Reni emphasized that a full-face cover was not a threat to Indonesian culture or its largely tolerant observation of Islam. "Wearing a burqa should be seen as the implementation of one's belief. Why should we make a problem out of this?" she said.

Indonesia has the largest Muslim population in the world, the vast majority of whom are Sunni Muslims. According to the Central Statistics Agency (BPS), over 95 percent of the population of South Kalimantan identify as Muslims.

The niqab is common in Saudi Arabia, which contributes significant private education funding in Indonesia as a way of exporting its conservative Wahhabi understanding of Islam. A jilbab, which only covers a woman's hair and neck but leaves the face exposed (and is often called a hijab in North America and Europe), is common across the archipelago.

The wearing of a jilbab was the subject of a brief but lively social media trend last year after the Indonesian Ulema Council (MUI) issued a fatwa against what it termed "jilboobs." The MUI, which is composed of clerics from Indonesia's largest Islamic organizations, including Muhammadiyah and Nahdlatul Ulama, decried Indonesian women who covered their hair but dressed slightly less modestly below the neck.

The issue has since died down despite the MUI's protestation of its "vulgarity."

"Burqa bans" have been the subject of emotional debate in some European countries, most notably France, which introduced a national prohibition in 2011. French Muslims took the ruling to the European Court of Human Rights in 2014, but the court found in favor of the French government's ban and it remains on the statute books today.

Women in France are still permitted to cover their faces in private or when at a mosque and the ban is not unique to Islam. It also prohibits the wearing of motorcycle helmets or balaclavas in public places. The ban continues to be controversial.

The niqab is, however, controversial in Indonesia. Many regard the niqab as an unappealing cultural import from the Arab world, while its lack of popularity is compounded by incidents of Indonesian domestic workers having faced abuse while working in Saudi Arabia for not conforming exactly to the required dress code.

Indonesian law does not require Muslim women to wear a jilbab, except for the semi-autonomous province of Aceh, which requires women to cover up under its Shariah-inspired statutes. Shariah-inspired bylaws in a number of regions also require women to wear the veil on certain official occasions or in schools.

It was unclear on Thursday whether the university was prepared to maintain its position as it risked being drawn into a political row. It was not certain, either, whether anyone more sympathetic to female face covering would seek to take the matter to court.

Source: http://thejakartaglobe.beritasatu.com/news/indonesia-muslim-dress-code-controversy-state-university-bans-burqa/

Land & agrarian conflicts

Killing in the rice fields: How are companies protecting their workers?

The Guardian (Australia) - April 1, 2015

Alison Moodie – In late February, a young Indonesian farmer named Indra Pelani showed up at a checkpoint manned by security guards for Asia Pulp and Paper, a Chinese-Indonesian company, in central Sumatra.

He and a friend were on their way to a rice harvest festival, and a confrontation ensued. The friend ran off to get help. Pelani's body was found the next day, a few kilometers away, with his hands and feet bound. The seven guards on duty, who turned themselves in earlier this month, are under investigation by the Indonesian police.

The death of Pelani, who advocated for the rights of tenant farmers against the corporate takeover of their lands, has become a flash point for a bigger set of issues plaguing Indonesia and much of the developing world. His death highlighted the increasingly volatile relationship between corporations and the people whose land they use to grow their products.

Human rights and environmental groups reacted swiftly. Twenty-five European NGOs signed a letter of protest demanding that APP cooperate with police investigators and re-examine its corporate policies around resource exploitation in fragile areas. Greenpeace took it a step further and, while not cutting ties with APP altogether, did curtail its much-highlighted cooperation with the company on its foresting practices.

"[We want to] ensure Indra's case receives the justice it deserves, and that the company prioritizes resolving social conflict across its operations," said Bustar Maitar, Greenpeace's global head of Indonesia Forest Campaign.

APP responded to Pelani's death by meeting with the farmer's family, appointing a new security company in the district where the incident occurred, and now cooperating with the independent investigation by the Indonesian National Commission on Human Rights (Komnas HAM).

APP said in a statement: "Our thoughts and prayers are with the family of the victim and the community at this difficult time. APP's immediate priority will be to appropriately support the family, the community and to continue to assist with the police investigation."

But some say APP could do more to ensure this doesn't happen again. Christine Bader, author of "The Evolution of a Corporate Idealist: When Girl Meets Oil" and former manager of policy development for BP, said APP should adopt what is known as the Voluntary Principles on Security and Human Rights, a set of guidelines put together by governments, companies and NGOS that helps companies protect their staff and assets while upholding human rights.

"I can say from my personal experience working for BP in Indonesia that the Voluntary Principles absolutely helped shape our relationship with the military and police for the better, in terms of our long-term relationships with local communities," she said. "That project hasn't seen nearly the sort of social strife that plagues extractive projects elsewhere."

Pelani's death has raised concerns about corporate behavior in one of the most highly sought-after but least regulated markets in the world. Local communities are losing their land without their consent to large companies due to so-called legal land grabs. There are more than 500 villages with unresolved land claims in the 2.4m hectares of plantations that feed APP's giant pulp mills. On top of that, palm oil companies have taken over an additional 9m hectares of arable farmland in Indonesia. Government land bureau estimates there are 4,000 palm oil-related territorial conflicts across the country.

Large plantations in Indonesia tend to be run like compounds, with armed guards and checkpoints controlling access to the plantation, while workers live on plantation-provided housing. Local farmers and residents often find themselves in the crossfire, and while killings remain relatively rare, other types of violence and intimidation are increasingly common.

According to data from the Forest Peoples Programme, the Indonesian National Human Rights Commission (Komnas HAM) has received 1,126 complaints of human rights violations by corporations since 2012, with 446 cases related to land conflict.

Suppliers to APP, such as PT Suntara Gajapati, operate with their own private armies of thugs to beat villagers into submission, said Usha Haley, professor of management at West Virginia University and author of "New Asian Emperors: The Business Strategies of the Overseas Chinese". "This gives a layer of protection and plausible deniability to APP that can claim ignorance of such activities," she said.

Also problematic is APP's militarized security force, said Andreas Harsono, a researcher for Human Rights Watch in Indonesia. The name of the security unit allegedly involved in Pelani's death is URC, which stands for "Unit Reaksi Cepat" or "Rapid Reaction Unit."

"The police should investigate the company's so-called Rapid Reaction Unit. It's not common for a company to set up its own commando-styled security. Who did set up that unit? What's the company policy on that unit? Who gave the order to act against those protesting farmers?" he said.

This isn't the first time APP has run into legal trouble over its business practices. The company has been linked to two similar deaths in the past. In 2010, police killed a farmer during a rally protesting land that was taken over by APP in 2001. In 2012, a man was found dead in a canal in an area owned by an APP supplier company.

Violence aside, the company's deforestation practices are widely recognized as some of the worst in the world, according to several NGOs familiar with the companies that work in the region.

Pelani's death is symptomatic of larger industry-wide abuses of workers, said Robin Averbeck, a senior forest campaigner with Rainforest Action Network (RAN). Pelani apparently was part of a grassroots network formed to monitor illegalities and land grabs. His death allegedly took place the night before a planned meeting to discuss APP's commitment to fairer land distribution.

"Criminalization of union leaders is all too common in Indonesia," she said. "APP must ensure that workers' rights to organize unions and collectively bargain are protected and upheld."

The bottom line is that companies like APP have to start recognizing locals' right to land, said Marcus Colchester, senior policy advisor at the Forest Peoples Programme. "The underlying problem is that plantations have taken over communities' lands without respecting their prior rights to land, without their consent and without making adequate provision for their livelihoods," said Colchester. "The business model has to change."

Source: http://www.theguardian.com/sustainable-business/2015/apr/01/indonesia-farmer-death-aisa-pulp-paper

Governance & administration

Policy flip-flops plague Jokowi

Jakarta Post - April 7, 2015

Nadya Natahadibrata and Ina Parlina, Jakarta – After a string of abrupt and confusing policy reversals six months into his term of office, the credibility of President Joko "Jokowi" Widodo in producing sound policies has been called into question.

The cancellation of a recently signed presidential regulation authorizing a substantial rise in car-purchase allowances, worth Rp 158 billion (US$12.2 million), for top officials and legislators has exposed Jokowi's personal weakness with regard to detail and policy making.

It was as a result of public outrage that Jokowi revoked the regulation on Monday but in his defense on Sunday he admitted that he had not fully read the draft regulation before he signed it, and blamed his finance minister for not warning him of its impact.

"I don't know 100 percent of the content of [drafts and documents submitted to the President]. This should be handled by ministries. They should screen whether the drafts will have a good or bad impact on the country," he said.

The incident has added to a long list of questionable policy-making decisions to have ensnared the administration, which is led by a former mayor of a small town who gained nationwide prominence in less than three years.

Last month, Jokowi issued a policy during a Cabinet meeting to expand visa-free policies to a further 30 countries, but it was scrapped several days later after senior officials warned it would violate the Immigration Law.

The government also succumbed to pressure from Muslim groups when the Communications and Information Ministry reopened last Tuesday access to 22 websites that the ministry had blocked only a day before after the National Counterterrorism Agency (BNPT) warned they promoted extremism.

Also last week, the government lifted a ban put in place in November prohibiting government bodies and officials from conducting events and meetings in hotels, after a nationwide slump in hotel occupancy rates.

"With constant changes in policies and flaws in their arrangement, investors are unsure of what will lie ahead," Center of Reform on Economics (CORE) Indonesia executive director Hendri Saparini said. "There have been reports that the current situation has triggered confusion among investors," she said.

Jokowi's attempts to learn the ropes of managing the nation also created contradictions and confusion in the diplomatic community when he approved Industry Minister Saleh Husin's trip to Taiwan less than a week before he was set to arrive in Beijing for a state visit on March 25.

As Indonesia recognizes the One-China policy, Saleh's visit might have been counterproductive as it was made ahead of Jokowi's attempts to attract huge investment from China and to persuade President Xi Jinping to attend the Asia-Africa Summit in Bandung, West Java, on April 24.

"We met Taiwanese ministers and CEOs. They have committed to invest in Indonesia," Saleh told The Jakarta Post recently of his visit to Taiwan.

"They said Indonesia was the primary destination for their investment. They will gradually move out from China and Vietnam," said Saleh of his success in attempting to lure Taiwanese investments.

While China is aware of the visit, the Chinese government's response has yet to be made clear.

Political communications expert Gun Gun Heryanto of the Jakarta State Islamic University believes Jokowi's poor policy making stems from his reluctance to read and check every detail of the planned policies.

"If he repeats the same mistakes again, many will regard him as a less-than-capable leader. This could eventually diminish his authority," he said.

Significant reversals of Jokowi's policies

1. Hotel ban policy. In November last year, the Administrative and Bureaucratic Reform Ministry issued a circular prohibiting government bodies from conducting events and meetings in hotels. On April 1, the ministry revoked the circular and issued a new regulation relaxing the ban.

2. Visa-free policy. On March 16, the government announced it would waive visa requirements for 30 countries as early as April to boost the country's foreign exchange income from tourism. Several days later, the policy was scrapped after senior officials warned the policy would violate the Immigration Law unless it was made on a reciprocal basis.

3. Website censorship. Responding to a public outcry accusing the government of infringing on freedom of speech, the Communications and Information Ministry reopened access to 22 websites the National Counterterrorism Agency (BNPT) had condemned for promoting radicalism. The ministry had blocked the websites the previous day.

4. Car allowances. Jokowi scraps recently signed presidential regulation for a rise in car-purchase allowances for top officials and legislators. He claimed in his defense that he did not fully read the draft regulation before signing it.

5. Cilacap power plant. The government announced in November it would build a 5,000-megawatt power plant in Cilacap, Central Java, as part of the new government's ambitious program to add at least 35,000 MW of capacity. The plan was put on hold as the cost to ship coal to the plant was deemed uneconomical.

6. Executions of drugs convicts. The government had announced it would carry out the second batch of executions of death row inmates in February. The executions have been postponed several times, and officials are unsure whether they will ever be carried out.

Source: http://www.thejakartapost.com/news/2015/04/07/policy-flip-flops-plague-jokowi.html

Parliament & legislation

House to intervene in Golkar conflict

Jakarta Post - April 1, 2015

Margareth S. Aritonang, Jakarta – In an unprecedented move, the House of Representatives is set to hold a plenary meeting to resolve a conflict over Golkar's representation at the House, where two factions are locked in a battle for control.

According to the 2014 Law on Legislative Institutions (MD3), like all parties, Golkar must be represented by official party committee members in the House.

House leaders have refused to recognize a new crop of Golkar lawmakers onto commissions and other internal bodies, despite the urging of new Golkar faction head Agus Gumiwang Kartasasmita.

After gaining recognition from the Law and Human Rights Ministry last week, new party chairman Agung Laksono ordered Agus to oust loyalists of former chairman Aburizal Bakrie and recognize their replacements on commissions and other internal bodies.

House Deputy Speaker Fadli Zon said Tuesday the ongoing internal conflict in Golkar was an extraordinary development that could not be managed by existing protocol.

"Irregularities surrounding the government's recognition of [Agung's leadership in] Golkar makes it as a public matter instead of an internal affair. Thus, it involves the House as an institution that monitors the government," said Fadli, a politician from the Gerindra Party, a member of the opposition bloc at the House.

Fadli and fellow House leaders agreed Tuesday to bring the matter up for further discussion during a steering committee (Bamus) meeting scheduled for Thursday, during which each of the 10 political factions are expected to declare their official stance on the matter.

The decision comes on the heels of a fresh report by the Aburizal camp allegedly containing new proof of government misconduct in deciding to approve Agung's leadership.

The plenary meeting will take place after the vote, and will mark the first time the House has forcibly intervened in an internal party conflict.

Agung has faced an uphill battle to seize party control from Aburizal, as the former chairman is still supported by the opposition bloc.

He opted not to replace House Speaker Setya Novanto, but did decide to replace a significant number of lawmakers from the party faction, including Ade Komarudin and Bambang Soesatyo, who served respectively as chairman and secretary under Aburizal's chairmanship.

Setya has since expressed his intention to leave the opposition, in which Golkar, under Aburizal, has been a major supporter.

Article 82 of the MD3 law stipulates that "a House faction is formed by a political party that has met the parliamentary threshold in a legislative election".

An internal regulation at the House excludes party factions from its list of internal bodies, making questions over the legitimacy of a party's leadership a purely internal affair, not one for House deliberation.

Articles 20 and 21 of the regulation detail the procedures governing the establishment of a party faction, and none of the stipulations requires recognition from the House.

Another deputy speaker at the House, Taufik Kurniawan of the National Mandate Party (PAN), said House leaders had no authority to decide on the legitimacy of a party chairmanship or a party's representatives.

"A faction is not a House internal body. It is the representation of a party. We have no right to rule on its legitimacy," he said after House leadership meeting that was also attended by Fadli. PAN, a member of the opposition bloc after the general elections held last year, has slowly softened its oppositional tone.

New PAN chairman Zulkifli Hasan said though the party would remain in the opposition, it would support government programs that aligned with its beliefs.

Source: http://www.thejakartapost.com/news/2015/04/01/house-intervene-golkar-conflict.html

Social security & welfare

Cash-strapped BPJS seeks to increase premiums

Jakarta Post - April 4, 2015

Hans Nicholas Jong, Jakarta – The House of Representatives is investigating the performance of the Healthcare and Social Security Agency (BPJS Kesehatan) as the agency has run into financial difficulties as a result of soaring insurance claims.

House Commission IX overseeing health and welfare said that it had set up a working committee that would assess BPJS Kesehatan in order to decide whether it would allow the agency to hike premiums for subscribers.

"We will form a working committee on BPJS Kesehatan that will be ready later this month," Commission IX head Dede Yusuf told The Jakarta Post on Thursday.

The commission decided to set up the committee after BPJS Kesehatan asked for House approval for its request to raise the premiums of the National Health Insurance (JKN) program.

Dede said there were measures that the government should take before it increased the premiums.

"We have to evaluate the numbers because when I checked with hospitals, it turns out that most of patients covered by the BPJS are not those subsidized by the government. It means many poor patients are unaware of the program," he said.

Low-income patients, known as Contribution Assistance Recipients (PBI) have a proportion of their premiums paid by the government and together with disabled people, they make up the first category of BPJS Kesehatan participants.

The second group are the Non-PBI participants, consisting of wage-earning workers and their family members, as well as unemployed workers and their family members. They have to pay for their own premiums ranging from Rp 25,500 (US$1.96) per month to get healthcare services in third-class facilities, to Rp 42,500 for second class and Rp 59,500 for first class.

Dede said the House also found irregularities in the data on participants. "Much data doesn't make sense. A small businessman who has two motorcycles is registered as a PBI participant, while those truly in need are not registered," he said. "So our point is not to totally reject the rise in premiums, but to fix the data first," he added.

Taking the irregularities into account, the House working committee would look at problems with BPJS Kesehatan management and see if it could be fixed without having to resort to hiking premiums.

"With such an audit, hopefully BPJS Kesehatan can save up to 10 percent. I know that because I heard from regional branches of BPJS Kesehatan that they could save more money if they could prevent wasteful spending made by health-service providers and patients themselves," Dede said.

BPJS Kesehatan expects to remain in the red throughout this year, with its claim ratio expected to hover around 100 percent. The claim ratio is the difference between the hospitals' bills for health services provided and the premiums collected by the agency from participants registered in the program.

The agency receives premiums from tax funds to finance low-income people in the scheme, as well as premiums paid by employees and their employers, and those individually registered with the program.

The agency has reported a deficit between claims it has paid and the premiums it has received. In 2014, the deficit stood at Rp 1.54 trillion, with Rp 42.6 trillion paid out in claims and Rp 41.06 trillion received in premium payments.

The agency also suffers from low compliance among premium payers, where they only pay the premiums when they are sick and stop paying once they have recovered.

BPJS Kesehatan finance director Riduan said that the agency could suffer a deficit of Rp 11.71 trillion if it did not raise the premiums it charged to subscribers. The agency has proposed raising the premiums for PBI participants from Rp 19,225 per month to Rp 27,500 per person per month in 2016.

Some lawmakers in Commission IX flatly rejected the premium rise as they believed it would make it harder for non-PBI participants to pay their premiums.

However, Bambang Purwoko of the National Social Security Board (DJSN), tasked with monitoring the JKN program, said that if Indonesian people could afford to buy cigarettes regularly, then surely they would be able to afford a rise in premiums for something as important as health insurance.

"We have no trouble in buying cigarettes regularly. So it's strange if we complain [about paying health insurance premiums],". he told the Post.

Source: http://www.thejakartapost.com/news/2015/04/04/cash-strapped-bpjs-seeks-increase-premiums.html

Armed forces & defense

Military warns of terrorist threat

Jakarta Post - April 8, 2015

Jakarta – The Indonesian Military (TNI) has warned against the threat of terrorists and extreme groups, saying the military would crack down on radical groups attempting to disturb security or violate the Pancasila state ideology.

Army chief Gen. Gatot Nurmantyo stressed that the military was prepared to take rapid action against any such terrorist groups.

"I want to remind that no rebellions have so far succeeded in the country. They must be quelled. If there is any rebel group in the country if they surrender they must be quelled," he said at the Army's Special Forces (Kopassus) headquarters in Cijantung, East Jakarta, on Wednesday.

Gatot said the Army's elite forces had been deployed to thwart armed rebel and terrorist groups in the country, and that their operation had been closed to media to ensure effectiveness.

"In operations conducted by special forces, not all things should be exposed by the media and please, do your own analysis so that no rebel groups are allowed to exist in the country," he told journalists.

The military previously deployed more than 3,000 personnel to conduct a joint exercise and to hunt down the Santoso-led armed group in Poso, Central Sulawesi. During the exercise, TNI Commander Gen. Moeldoko formed a 700-member team to locate Santoso and his followers, who are believed to be hiding in the forests in Poso.

"I have reported to the President on the necessity to station a special force in Poso to forge a cooperation with police to quell the rebellion and the President has approved the proposal," he said as quoted by kompas.com.

Security authorities also face the threat posed by Indonesian citizens joining the Islamic State (IS) movement following their return home.

Several former members of the Jemaah Islamiyah (JI) terrorist group have warned that IS is time-bomb that could explode sometime in the future. (rms)

Source: http://www.thejakartapost.com/news/2015/04/08/military-warns-terrorist-threat.html

TNI agrees to secure country's prisons

Jakarta Post - April 4, 2015

Nani Afrida, Jakarta – The Law and Human Rights Minister Yasonna H. Laoly signed a cooperation agreement with the Indonesian Military (TNI) on Thursday under which the military will deploy its personnel to guard prisons throughout the country as the ministry has run short of qualified prison guards.

"The TNI has quite good human resources that we need for prison guards. Currently we lack personnel to guard the prisons," Yasonna told reporters at TNI headquarters in Cilangkap, East Jakarta on Thursday.

Yasonna said that many prisons, holding hundreds of inmates and detainees at times only had between seven and 10 prison guards.

Under the agreement with the TNI, the ministry will join TNI chief Gen. Moeldoko in selecting military personnel who will be assigned to take on the work. He said priority would be given to personnel who were nearing their retirement.

"These personnel are well-trained and the ministry won't need to arrange extra training for them. They are ready for deployment," Yasonna said, adding that the ministry needed at least 220 such personnel this year.

The agreement covers a number of issues from details of security for prisons to prisoner development and prison guard training.

The agreement would also allow for the TNI to provide psychological training for prison guards, discipline coaching for prisoners, security assistance for certain prisons, personnel deployment as prison guards and the loan of non-standard TNI weapons to the directorate general of correctional institutions of the Law and Human Rights Ministry.

Yasonna has also personally asked the TNI chief to provide firearms for prison guards, especially at correctional facilities that are vulnerable to security threats. Moeldoko said the TNI had run a check on which resources it could soon deploy for the task.

"Prisons in Sumatra, for instance, will get reinforcements from our military commands in Sumatra. With this arrangement, the soldiers can remain close to their families," Moeldoko said.

Moeldoko added that the TNI would provide the assistance for as long as necessary. "If the ministry finds other sources of human resources that meet its standards, we won't need to help them anymore," he said.

In recent months, the TNI has signed agreements with various counterparts, including ministries, state-owned enterprises and state institutions. Data from rights group Imparsial shows that the TNI has so far signed 21 agreements.

One of the latest agreements was between the TNI and the transportation minister on Feb. 20. Under the agreement the TNI will be able to deploy its personnel to secure vital transportation facilities like seaports, airports, railway networks and bus stations.

On Jan. 8 the Army and the Agriculture Ministry signed an agreement on agriculture cooperation, which will allow the military from regional commands throughout the country to provide assistance to local governments and their respective agriculture agencies.

Imparsial has expressed concern about the signing of such agreements and called on President Joko "Jokowi" Widodo to annul them. "The President should revoke all the agreements and bring the TNI back to its original role," Al Araf of Imparsial said.

Previously, Moeldoko said the TNI had won the blessing of Jokowi to take part in non-security programs, especially development programs in the country.

Moeldoko has insisted that the TNI will not revert to the socio-political role it performed during the New Order era. "The TNI doesn't have any intention of returning to the New Order. We have to draw the line between what is past and present," Moeldoko said recently.

Source: http://www.thejakartapost.com/news/2015/04/04/tni-agrees-secure-country-s-prisons.html

TNI may leave first-response unit in Poso

Jakarta Post - April 2, 2015

Nani Afrida and Margareth Aritonang, Jakarta – Civil society groups have begun voicing objections to a plan by the Indonesian Military (TNI) to leave 700 personnel in Poso, Central Sulawesi, as a Quick Response Strike Force (PPRC) after the conclusion of a military exercise in the area.

They reminded the military that they needed a presidential instruction (Inpres) for the operation. "If TNI comes to Poso for training, they should return without leaving any personnel in the area. If they stay, it means they will carry out an operation," rights group Imparsial program director Al Araf told The Jakarta Post on Wednesday.

According Al Araf, a nod from the President would be enough to deploy military personnel to Poso. He said the military should receive a legal basis, such as an Inpres, that would give clear direction about why an operation was needed. The Inpres should also be accessible to public.

"The plan to leave military personnel in Poso violates the 2004 Law on the TNI. The TNI cannot undertake the operation for two reasons. First, there is no Inpres from the President. Second, the police, as the law enforcement force, have not asked for assistance," Al Araf said.

On Tuesday, Indonesian Military chief Gen. Moeldoko revealed that the TNI was ready to leave a battalion of PPRC personnel in Poso to assist the National Police's anti-terrorism efforts.

"I have reported it to President Joko 'Jokowi' Widodo. If needed, PPRC personnel will stay here to continue operations with police. The President has agreed," said Moeldoko, who was in Poso to observe the exercise on Tuesday.

On Tuesday, the TNI reportedly completed a PPRC military exercise in Poso. The 10-day training, involving 3,222 Navy, Army and Air Force personnel, was aimed at improving coordinated responses to radical group movements. The exercise also included warships and jet fighters.

Poso has become the main target of a radical group led by Santoso, the most-wanted terrorist in Indonesia. His terrorist group frequently launches attacks in the area. Police have launched an operation named Camar Maleo to find Santoso and his group. The operation was terminated on March 26, 2015, with police failing to nab Santoso or any of his 28 men.

"Poso has been a training grounds for the TNI and police for a long time," said Commission for Missing Persons and Victims of Violence (Kontras) coordinator Haris Azhar.

He said police and the military had their own agendas in Poso. "The President should understand clearly what is happening in Poso before tasking the military with settling the problem," Haris said.

Meanwhile, Home Minister Tjahjo Kumolo revealed that around 140 foreigners were conducting "jihad" in Poso. Tjahjo told councilors during a meeting at the Regional Representatives Council (DPD) on Wednesday that foreign jihadists had been conducting operations there for 10 years, after failing to establish bases in other countries.

"I don't know why they [foreign jihadists] have been able to sustain operations for 10 years there [Poso]," he said, adding that President Jokowi and the TNI commander were hoping to end it.

Source: http://www.thejakartapost.com/news/2015/04/02/tni-may-leave-first-response-unit-poso.html

Criminal justice & prison system

Indonesia draws ire over teachers' verdict

Jakarta Post - April 4, 2015

Indra Budiari, Jakarta – The US, Canada and the UK have voiced concerns over the convictions of Canadian Neil Bantleman, 45, who also holds British nationality, and Indonesian Ferdinant Tjiong, 42, for sexually abusing children attending an elite Jakarta international school, arguing the trial was plagued by irregularities and a lack of transparency.

The South Jakarta District Court sentenced the two teachers on Thursday to 10 years in prison and imposed a Rp 100 million (US$7,695) fine for the repeated abuse of three Jakarta International School (JIS) students.

US Ambassador to Indonesia Robert Blake said the international community had been following the case closely and that the outcome of the legal process and what it revealed about the rule of law in Indonesia would have a significant impact on Indonesia's reputation abroad.

"Any case involving allegations of child abuse is sensitive. Serious questions have arisen in this case regarding the investigative process and the lack of credible evidence against the teachers. In light of this, we are deeply disappointed by the outcome," said Blake in a statement.

"We look forward to the next step in the legal process in which we hope all the available facts in the case will be considered," he added.

Canadian Foreign Affairs Minister Rob Nicholson, quoted by AFP, said Canada had "called for a fair and transparent trial throughout the judicial process".

The British embassy in Jakarta said it was "aware of concerns about irregularities" in the case, and that it was disappointed it was denied access to Bantleman during the trial.

Among the irregularities was a claim made by a psychologist that a "magic stone" was used by Bantleman to molest one of the victims. Such a stone was never presented by police or prosecutors as evidence. The judges have made the trial off-limits to the public The judge said Bantleman's sex life was abnormal as he and his wife had sex 'only' once in a week

The judges have also made the trial off-limits to the public, and prohibited any related parties in the trial from making statements to the media in an effort to maintain the trial's "privacy".

Bantleman and Ferdinant were implicated in April last year after police expanded their investigation into the sexual abuse of a boy, M, at the hands of six cleaners hired by the school from PT ISS Indonesia.

One of the cleaners allegedly committed suicide while in police custody, while five others were sentenced to seven and eight years' imprisonment in December.

Aside from the parents of M, Bantleman and Ferdinant were reported by the parents of two other students, A, and D. However, only M's parents sued JIS for negligence. They are seeking US$125 million in damages.

An examination by a Singapore hospital of A found no evidence of abuse, while an examination of D was carried out at the police hospital and could not be verified by independent institutions.

Presiding judge Nur Aslam Bustaman argued there was sufficient evidence proving Bantleman and Ferdinant repeatedly abused the three boys between January 2013 and March 2014. Judges also argued that the harsh punishment was imposed because the two failed to admit their wrongdoing and had shown no remorse.

Nur said the judges were uninfluenced by media reports that aimed to sway public opinion in support of the defendants.

"The same goes with the representatives of foreign countries who tried to supervise our hearing. They have violated the territorial principal of our judicial system," she said. "They have shown attempts to intimidate us," she claimed.

In the verdict, Nur also said Bantleman's sex life was abnormal, as he and his wife had sex "only" once in a week, "while a normal couple would have had it every day, or two-to-three times a week".

Bantleman and Ferdinant have voiced plans for appealing the verdict. "I will continue to fight for the truth," Bantleman said to his supporters' applause. He described the verdict as a "complete miscarriage of justice".

Tracy Bantleman said her husband had been wrongly convicted, and that the judges had ignored all the evidence presented in the trial. "My husband and Ferdinant are victims of a malicious make-believe story with a multi- million dollar price tag," she said, referring to the $125 million suit.

JIS, attended by children of foreign diplomats, expatriates and the Jakarta elite, found itself in the spotlight last year over reports that William Vahey, an American who taught at the school from 1992 to 2002, had killed himself amid an FBI investigation into allegations of his sexual abuse of teenage boys during a 40-year career at 10 international schools across four continents.

Several irregularities surrounding the verdict

1. The panel of judges prohibited the public from accessing information during the trial, arguing that trials involving an underage person must be held behind closed doors. The judges have gone further, prohibiting any related parties from making statements to the media to maintain the trial's "privacy".

2. The so-called magic stone was never presented by police or prosecutors as evidence, nor were Bantleman or Ferdinant ever shown it. One psychologist said the "magic stone" had been inserted into the anus of a boy so that he would feel no pain while being molested.

3. The judges dismissed a medical report issued by a hospital in Singapore in May 2014 stating that there were no signs of sexual assault present in one of the victims who was examined. The report was certified by the High Court of Singapore in February 2015.

4. The abuses were said to have been carried out in one of the school's rooms with an open and transparent glass wall during school hours.

Source: http://www.thejakartapost.com/news/2015/04/04/ri-draws-ire-over-teachers-verdict.html

Teachers found guilty of raping three preschool students at JIS

Sydney Morning Herald - April 3, 2015

Jewel Topsfield – In a decision that has alarmed the expatriate community and deepened concerns about Indonesia's justice system, two staff members at one of the most prestigious international schools in Jakarta have been found guilty of raping three preschool students.

Canadian teacher Neil Bantleman and Indonesian teacher's aide Ferdinant Tjiong were sentenced to 10 years in prison for sodomising the boys at the Jakarta Intercultural School between January 2013 and March 2014.

The school community insists the men, who have been in custody since July last year, are innocent.

On internet forums, several foreigners said they were planning to leave Indonesia because of the sentence, and some warned any expatriates working with children to do the same.

Bantleman, 45, said he would appeal the sentence. "Today is a miscarriage of justice," Bantleman said immediately after his verdict."We will continue to fight until the truth comes out."

The men's supporters, who packed the South Jakarta district court wearing white, screamed and cheered when Bantleman announced his appeal.

The defence had argued there was no physical or forensic evidence the molestation occurred and the case was engineered by the children's parents, one of whom has sued the school for $US125 million ($165.73 million).

The case has attracted intense international scrutiny because the Jakarta Intercultural School is attended by the children of diplomats, expats and wealthy Indonesians.

US ambassador Robert Blake said serious questions had arisen in the case regarding the investigative process and lack of credible evidence against the teachers.

"In light of this, we are deeply disappointed with this outcome," he said in a statement. "The outcome of the legal process and what it reveals about the rule of law in Indonesia will have a significant impact on Indonesia's reputation abroad."

A prosecution witness, "sexologist" Dr Naek L. Tobing gave evidence Bantleman only had sex with his wife once a week, when the "norm" was every day or two to three times a week. As he also did not masturbate he would be seeking sexual outlets, he claimed.

He also did not masturbate according to the well-known Indonesian sexologist. "There is a question how could he release his sexual desire," said Chief Judge Nur Aslam Bustaman. "These conditions could create abnormal sexual behaviour."

It was alleged that Bantleman sexually abused the boys in a room on the second floor of the administration building, and a nearby kitchen.

Bantleman was said to have inserted a "magic stone" into the anus of one of the boys to anaesthetise him before he was raped.

Due to the influence of the magic stone, the child said he felt numb from his bottom to the back of his thighs but still had the sensation of something being inserted into his anus.

An Australian expert, provided by the defence, said the children had been asked suggestive questions when questioned about the sexual abuse which could have given them false memories.

Bantleman's lawyer, Hotman Paris Hutapea, said the rape claims were "all about money". He said one of the victims had been examined at a Singapore hospital, where he was found not to have been sodomised.

"So (the mother) went shopping again to find any hospital who wanted to confirm the sodomy act. Unfortunately it was the Bhayangkara hospital (police hospital) who then confirmed that there was proof of sodomy," he said after the verdict.

Tjiong was said to have separately raped the same three boys in toilets on the school campus.

In December five cleaners at the school received sentences of up to eight years in prison for sexually abusing a boy at the school. The boy also claimed to have been abused by Bantleman and Tijong.

The cleaners originally confessed but later recanted, saying they had been tortured by police. One of them died in police custody during questioning – the police say from suicide.

Tracy Bantleman said her husband and Tijong were victims of a "malicious make-believe story with a multi-million dollar price tag".

"The allegations against my husband are ridiculous and absurd," she said. "The parents have alleged that their children were drugged and abused up to twenty times and sometimes up to six times in one school day. It is impossible that this could occur in any school, anywhere, without someone noticing, including the parents of the children."

[With Karuni Rompies.]

Source: http://www.smh.com.au/world/teachers-found-guilty-of-raping-three-preschool-students-at-prestigious-jakarta-international-school-in-controversial-case-20150403-1mdxv2.html

Fishing & maritime affairs

Mafia presence in fishing sector 'very strong'

Jakarta Post - April 7, 2015

Jakarta – A mafia rules the country's fisheries sector, making it difficult to curb illegal fishing, says the Indonesian Traditional Fishermen Union (KNTI).

"The KNTI is aware that mafia practices in the fishery sector are very strong. Law enforcers should prioritize the arrest of the main actors behind illegal fishing," said KNTI chairman M. Riza Damanik as quoted by Antara news agency.

The masterminds behind illegal fishing control national and foreign firms, bureaucracy and law enforcement institutions, he said.

He said the involvement of a mafia was evident in the capture of the Hai Fa fishing vessel and slavery practices in Benjina, Aru Islands, Maluku, both of which had been taken lightly by law enforcement institutions.

"The disclosure of slavery in Benjina, Aru Island, Maluku, and the MV Hai Fa case indicate that upholding the law in the fisheries sector in the past five months has not yet created significant deterrent effects," said Riza.

An Ambon court recently fined the operators of the Chinese ship Rp 200 million (US$15,461) after they were convicted of illegally netting hundreds of tons of fish in Ambon waters. The court did not seize the ship or impose criminal charges on crew members and operators.

Source: http://www.thejakartapost.com/news/2015/04/07/national-scene-mafia-presence-fishing-sector-very-strong.html

Analysis & opinion

Criminalizing speech

Jakarta Post Editorial - April 2, 2015

Indonesians will find it difficult to boast of being from a democratic country as long as their compatriots continue to fall victim to the Electronic Information and Transaction (ITE) Law.

On Tuesday, the latest victims included graduate student Florence Sihombing, sentenced to two months' imprisonment with six months' probation and a fine of Rp 10 million (US$768) for insulting Yogyakarta via her Path status last August.

On the same day, the Bandung District Court convicted Wisni Yeti of indecent statements against her former husband on her Facebook account. Dozens of similar cases have surfaced since the law was passed in 2008 and many groups are pushing for its revision.

A satay skewer vendor detained for defaming President Joko "Jokowi" Widodo and a housewife criminalized for criticizing her husband's dismissal as unfair on her Facebook account are other recent cases. All show how vulnerable ordinary people are to accusations of defamation during today's habit of updating statuses or airing personal thoughts publicly.

Digital technology and mobile gadgets provide us with new challenges. Can we think before we post? When should citizens turn to the police to report defamation? How should law enforcers educate society about freedom of speech and the grossly underused freedom of debate – instead of criminalizing free speech?

In the wake of our own war on terrorism, the authorities have also used the law to block several websites considered to contain "illegal content". Following the report of the National Counterterrorism Agency (BNPT), the Communications and Information Ministry blocked several websites, including those considered to be luring people to join the Islamic State (IS) organization, which is banned here.

Illegal content is categorized as that which incites "hatred and hostility to individuals and/or groups based on SARA [tribal affiliations, religion, race and societal groups]".

However, following a public outcry that warned against New Order-like tendencies, under which the government could use its own interpretation as to what constituted both defamation and illegal content, the ministry unblocked 22 websites.

Articles on defamation and the incitement of hatred and hostility have been infamously used based on vague reasoning in the past, long before the age of the Internet. However, in the digital era, education would be more effective to avoid defamation issues, as well as simply pausing for a while before clicking the send button.

Also, online content on religion that is similar or more appealing than content that incites hatred and hostility is urgently needed for impressionable minds. Our brilliant hackers are always available to unblock websites themselves, while it is equally simple to set up new ones.

Therefore, we support efforts to change the law, so users can gain "security, justice and legal certainty" as prescribed in the law itself. Since the housewife Prita Mulyasari was tried for defamation through her email about a hospital's poor services, citizens must be wondering at the impunity for large-scale corrupt individuals while ordinary folk are sent to prison for updating their status or sending an email.

Source: http://www.thejakartapost.com/news/2015/04/02/editorial-criminalizing-speech.html

Unilateral website ban the wrong move

Jakarta Globe Editorial - April 1, 2015

The government's move to block several websites accused of spreading radicalism and hatred received condemnation from many – not only from those identified as fundamental and militant, but also from moderate Muslim groups.

Even non-religious groups voiced their rejection of the ban. The respected Alliance of Independent Journalists (AJI) joined the chorus of criticism, calling the ban a threat to freedom of expression.

To further humiliate Communication Minister Rudiantara and the National Counter-Terrorism Agency (BNPT), who proposed the move, Vice President Jusuf Kalla also expressed disagreement with the ban. Such heavy condemnation has now forced the ministry to back down.

While we fully support banning websites that condone and spread hatred and violence, the government must consult with as many groups as possible. After all, we believe a ban without follow-up action will not work in this digital age. When the government closes down a few dozen websites, hundreds more will appear the next day.

The fact that even Kalla opposes the ban, once again shows the government's inability to coordinate. It shows that this plan was not thoroughly discussed.

The government's flip-flop in this case will only send the wrong signal and strengthen radical movements, because they now know they ride the public opinion. While the government must ban websites spreading hatred, it will face even more opposition next time, even if done for a just cause.

That's why we support the establishment of a monitoring body comprised of moderate Muslim figures and professionals to determine if websites are dangerous, or not. This way, banning a website will only be done on public advice, not unilaterally by the government.

Source: http://thejakartaglobe.beritasatu.com/opinion/editorial-unilateral-website-ban-wrong-move/


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