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Indonesia News Digest 42 – November 9-15, 2015

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News & issues

National hero status for Suharto inappropriate, experts say

Jakarta Globe - November 11, 2015

Jakarta – The government is sending a mixed signal with plans to award former president Suharto national hero status, as law enforcers try to recover the Rp 4.4 trillion ($322 million) in funds misappropriated during the late strongman's lengthy reign, an expert warned on Tuesday.

The Supreme Court in August ruled in favor of the prosecution in a civil case against the now-defunct Supersemar Foundation, controlled by the Suharto family.

The court repealed a 1976 government regulation issued by the former president ordering all state-owned banks to set aside 2.5 percent of their profits for the foundation.

The court ruled that the funds accumulated since the foundation was established, a total sum of $420 million and Rp 185 billion ($13.6 million), were largely embezzled and never used for their stated purpose: education. The court has also ordered the Suharto family to pay $315 million and Rp 185 billion in damages.

But this hasn't stopped many politicians from proposing that Suharto be awarded hero status, arguing that the president has led Indonesia to become Southeast Asia's largest economy during his 32-year-rule which ended in 1998.

Social Affairs Minister Khofifah Indar Parawansa said on Monday that the government will likely award Suharto the status next year, along with Indonesia's fourth president the late Abdurrahman "Gus Dur" Wahid which many considered a champion for religious freedom.

Fallen hero

"Instead of busying themselves creating a controversy on the national hero status for Suharto, the administration of president Jokowi and his ministers should focus on executing the Supreme Court ruling so that these massive losses to the state are compensated," state administrative affairs expert Bayu Dwi Anggono of Jember University in East Java told Detik.com on Tuesday.

Bayu said that by awarding the status to Suharto, President Joko Widodo risks violating the 2009 Law on Honorary Titles and Medals which states that a national hero should be someone who has moral integrity and has done service to the nation.

"A national hero is not a status which can be given to just anyone. President Jokowi and his ministers need to remind themselves that they are obliged to execute a 1998 decree on clean government free from corruption, collusion and nepotism," he continued.

Human rights activists have also condemned the plan, saying that the former army general has also been tied to cases of gross human rights violations, which include the 1965 mass killings of between 500,000 to 1 million suspected communist sympathizers, and the forced disappearance and torture of activists towards the end of his rule.

"A hero status for Suharto should only be given after an investigation is made on the many systematic violence and crimes done [during his regime] be it in the field of human rights and corruption," said Setara Institute chairman Hendardi.

Minister Khofifah said the plan to include Suharto on the list of recipients of the national hero status is still being deliberated by an independent Heroes Committee.

"Next year, the social affairs ministry will ask the Heroes Committee again [for their final decision] so we can then issue a presidential decree [on the status]," she said.

Source: http://jakartaglobe.beritasatu.com/news/national-hero-status-suharto-inappropriate-experts-say/

Historians question Soeharto's national hero status

Jakarta Post - November 10, 2015

Liza Yosephine – Historians have questioned the government's plan to name former president Soeharto a national hero because of the controversy that surrounded the New Order leader before he was forced to step down in 1998.

Hilmar Farid of the Indonesian Institute of Social History (ISSI) said on Tuesday that while many agreed that major transformation occurred under Soeharto, particularly in the country's economy, he could not be separated from his long dictatorship.

"So, in the case of Soeharto, the honor of national hero would spark controversy," Hilmar told thejakartapost.com. According to Hilmar, Soeharto could not be separated from the massive debt build up that is believed to have culminated in the 1998 financial crisis.

Similarly, JJ Rizal of the University of Indonesia also expressed disagreement with the plan to name Soeharto, who led the country for 32 years, a national hero.

According to Rizal, the naming of national hero by any government is merely symbolic of current political ideas and does not consider historical evidence.

"For this reason, it is more related to the current political context, rather than taking into consideration a historical perspective," Rizal added. "If national heroes were chosen purely based on their biographies, there would not be a polemic."

Meanwhile, Rizal agreed with naming former president Abdurrahman "Gusdur" Wahid a national hero. Gusdur at least, said Rizal, had been an inspirational role model for many Indonesians.

But Hilmar did not agree, saying that neither Soeharto or Gusdur deserved to be honored as national heroes.

The government earlier hinted that Gusdur, known as a champion of pluralism, and Soeharto, who led the authoritarian New Order for 32 years, would be named national heroes next year. (bbn)

Source: http://www.thejakartapost.com/news/2015/11/10/historians-question-soeharto-s-national-hero-status.html

West Papua

Fact-finding mission team to Papua pushed through UN

Tabloid JUBI - November 15, 2015

Victor Mambor, Semarang, Jubi – Vice Chairman of Advisory Council of the Union Churches of Indonesia, the Rev. Phil Karel Erari said it will endorse the recommendation of the Pacific Islands Forum to send a fact-finding mission team to Papua could be done under the United Nations.

"Concerning to the fact-finding mission team for West Papua as recommended by the PIF, we will push it to become the UN mandate. Once it was realized, Indonesia could not do anything to intervene it," Erari told Jubi on last week from Jakarta.

He said if it was done under the United Nations, the Government of Indonesia would conform this mandate and also would be forced by the United Nations Fact Finding Mission. Because if was done under PIF countries, Indonesia would certainly reject it.

"So it is expected the UN Fact Finding Mission and PIF Fact Finding Mission could be together to find fact in West Papua. Also it could be conducted through MSG, because Indonesia is also part of it as the Associated Member. This issue also could be pushed by ULMWP through MSG," he said.

Meanwhile, as earlier reported by Jubi, the Secretary General of the United Liberation Movement for West Papua (ULMWP), Octovianus Mote said a fact- finding mission team has been established. The leaders of Pacific countries have taken action, and they would send a fact-finding mission team to Papua before September 2016.

"They will come to Papua to find the fact of human right violations. They come not only to see the graves but also dig it if necessary and at that time Indonesia has not choice except to permit them to do it. In Papua, they (security forces) could burn and close their traces. But they could not close the access of hundred thousands of victims who've been submitted to MSG, PIF, UN Human Rights Council," Mote told Jubi on Tuesday (10/11/2015).

But according to Mote, if later Indonesia does not permit the fact-finding mission team coming to Indonesia, it is the right of Indonesia. "No one can force or reject it, so Indonesia could not lie to the world by saying no human right violations occurred because the fact is they do not allow the fact-finding mission team. The Pacific countries leaders would decide the next step if they were rejected," he said. (Arnold Belau/rom)

Source: http://tabloidjubi.com/eng/fact-finding-mission-team-to-papua-pushed-through-un-and-msg/

No foreign media curbs in Papua, says Indonesia's security chief

Reuters - November 11, 2015

Indonesia has no travel restrictions on foreign journalists in its easternmost province of Papua, the country's security chief said on Wednesday, vowing to dismiss any police officials who blocked such freedom.

The comments, which reflect an apparent delay in implementing President Joko Widodo's six-month-old decision to scrap the curbs in politically- sensitive Papua, came the same day that a human rights body queried why they still persist.

On a visit to the remote province, Widodo said foreign journalists no longer needed special permission to travel there, a requirement imposed decades ago because of a long-simmering secessionist movement.

"I don't see any restrictions anymore," Indonesia's security chief, Luhut Panjaitan, told reporters on Wednesday, when asked about the media curbs. "I need someone to call me if there is a problem – I'll fix the problem."

Asked why the national police still required all foreign journalists to apply for a travel permit for Papua, he responded, "If it is necessary we can fire them".

In a report published on Wednesday, titled "Something to Hide?", US-based Human Rights Watch questioned why the media restrictions still remain in place.

Widodo needs to issue a written directive, said Phelim Kine, the group's deputy Asia director, adding that journalists seeking travel permits still faced intense opposition from officials.

Soon after Widodo's announcement of the removal of the restrictions, senior government and security officials had maintained that foreign journalists would still need permission and permits to visit the area.

Last year, two French journalists convicted of misusing their tourist visas to work as journalists in Papua spent 11 weeks in detention before being sent home.

Papua, which is home to one of the biggest copper mines operated by US mining giant Freeport-McMoRan, was incorporated into Indonesia under a widely criticized UN-backed vote in 1969, after Jakarta took over the area in 1963 at the end of Dutch colonial rule. Following decades of neglect, Widodo is looking to open up the impoverished region, which has a history of clashes between security forces and the insurgents.

[Reporting by Randy Fabi and Michael Taylor; Editing by Clarence Fernandez.]

Source: http://www.reuters.com/article/2015/11/11/us-indonesia-politics-papua-idUSKCN0T017S20151111#u0XLPcVppXUvXCHF.97

Australian PM urged to talk to Jokowi about Papua

Radio New Zealand International - November 11, 2015

There are calls for Australia's prime minister Malcolm Turnbull to raise the matter of human rights abuses in West Papua with his Indonesian counterpart. Mr Turnbull is due to meet Joko Widodo for talks tomorrow in Jakarta.

The United Liberation Movement for West Papua has called on Mr Turnbull to discuss violence by security forces aganst West Papuans.

The ULMWP says that since President Jokowi signalled his intention for a peaceful solution to the West Papua problem, Australia's government should be proactive about being part of this solution.

Meanwhile, the Australia West Papua Association has written to Mr Turnbull urging him to raise issues such as the crackdown on peaceful civil society groups, intimidation of journalists and the killing of civilians including school children by Indonesian security forces.

Echoing the ULMWP, the AWPA is asking for Canberra's support for the request from Pacific Islands Forum leaders to Jakarta to allow a Forum fact-finding mission to West Papua.

The talks between Australia and Indonesia's leaders represent an opportunity to repair the bilateral relationship after damages sustained during Tony Abbott's tenure as Australian prime minister.

However, Mr Turnbull is widely expected to maintain his predeccesor's stand of not questioning Jakarta on Papua issues.

The new Australian prime minister, responding to a recent ULMWP letter, indicated that his government would prioritise economic interests over support to reinscribe West Papua on the UN list of territories to be decolonised.

Source: http://www.radionz.co.nz/international/pacific-news/289366/australian-pm-urged-to-talk-to-jokowi-about-papua

HRW: Indonesia restricts access to Papua despite presidential promise

Jakarta Globe - November 11, 2015

Jakarta – Six months after President Joko Widodo announced that foreign media would have unimpeded access to Papua, Indonesian authorities continue to hamper reporting from the region in various ways, Human Rights Watch said in a report launched on Wednesday.

Phelim Kine, deputy Asia director at Human Rights Watch, told a press conference in Jakarta that even though the Indonesian government has legitimate security concerns, its broad-brush measures are actually frustrating resolution of the low-intensity conflict in the area.

According to Kine, there are three elements to the "enforced isolation" of Papua and West Papua: the lack of a transparent process due to a vast bureaucracy, active resistance from elements within the government and intimidation of local journalists there by the authorities, which often leads to self-censorship.

The HRW report, titled "Something to Hide? Indonesia's Restrictions on Media Freedom and Rights Monitoring in Papua," is based on interviews with more than 100 journalists, editors, publishers, NGO representatives and academics.

It details people's experiences in trying to gain access to the remote region and the problems that those who succeed continue to face, such as being followed by official minders or sources being arrested.

'New Order paradigm'

Atmakusumah Astraatmadja, a media activist who founded and chaired Indonesia's first independent press council, said he was particularly worried about the lack of in-depth reporting from the region by major Indonesian news organizations.

"I wish the big media in Jakarta would be more concerned about Papua," he told Wednesday's press conference, arguing that the problems can only be solved if there is independent reporting from the region.

Atmakusumah cited the example of Aceh, which for decades was the scene of a bloody struggle for independence led by the Free Aceh Movement (GAM).

It was only after the press gained greater access to the province following the fall of the Suharto regime that policy makers in Jakarta started to understand what was going on there, he said, creating room for dialogue and ultimately resulting in a peace agreement signed in 2005.

But with regard to Papua, the "New Order paradigm" is still in place and that has to change if the government is serious about solving the problems in the restive, resource-rich region, Atmakusumah said.

In writing

In its report, HRW is calling on the president to issue a decree that formally lifts restrictions on foreign media access to Papua and West Papua and that directs all relevant government stakeholders to comply with such a Presidential Instruction.

The organization also calls on Joko to instruct the police, the military and the State Intelligence Agency (BIN) to fully investigate "incidents in which police officers, military personnel and agents refuse to honor the lifting of restrictions on foreign media and international nongovernmental organizations access to Papua" and to end harassment of local journalists in the region.

Something to Hide? Indonesia's Restrictions on Media Freedom and Rights Monitoring in Papua – Human Rights Watch. November 11, 2015 https://www.hrw.org/node/283014

Source: http://jakartaglobe.beritasatu.com/news/hrw-indonesia-still-restricts-access-papua-despite-presidential-promise/

Two military men on trial for shooting civilians

Jakarta Post - November 10, 2015

Jakarta – The Indonesian Military (TNI) held on Monday the first trial of two military soldiers accused of fatally shooting two civilians and injuring three others during a festival in Mimika, Papua, in August.

Many people, including members of the Kamoro Tribe and several high-ranking military officers, attended the trial on Monday, Antara news agency reported.

Military prosecutor Let. Col Jery P and Maj. CHK Agung Ginanto accused suspect Chief Sgt. Makher of intentionally killing others using a firearm. Makher is also accused of torturing people. Chief Sgt. Makin was accused of assisting the crime.

Two more suspects, First Sgt. Arshar and First Sgt. Imanuel Imbiri, will be tried on Tuesday.

It was reported that two people died and three others were injured when a soldier opened fire on a group of civilians in the early hours of Aug. 27 in Koperapoka Timika.

The clash begun when the suspect, Chief Sgt. Makher, who was drunk at the time, passed the festive area and bumped against a barricade put up by the people. People attending the festival became angry with the soldier. The soldier then asked his fellow soldiers to launch an attack on the people.

The incident claimed the lives of 23-year-old Immanuel Mailmaur and 23-year-old Yulianus Okoare.

Source: http://www.thejakartapost.com/news/2015/11/10/national-scene-two-military-men-trial-shooting-civilians.html

Camera 'weapon' of choice for West Papuan activist

The Catholic Leader - November 10, 2015

Robin Williams – A young West Papuan currently in Australia is shooting video rather than bullets in his battle to fight the intimidation, torture and massacres that are regular occurrences in his homeland.

Wensislaus Fatubun is a filmmaker and self-declared "video activist" intent on documenting the plight of his countrymen under Indonesian occupation. But the documentaries he makes put his own life at risk.

The 34-year-old works with diocesan justice and peace offices in the five dioceses of West Papua and with similar offices in Jakarta and Kalimantan. During his time in Brisbane he met with members of that archdiocese's Justice and Peace Commission to discuss possibilities for developing relationships with West Papuan offices.

"For me solidarity means collective memory and when we have collective memory we can fight together on justice and bring peace and also promote human rights and protect dignity," he said.

Wensi, as he is known, was born in Mindiptana in the Boven Digoel Regency but the family soon moved for safety reasons. "From 1972 to 1985 there was still military operations there so it was difficult for us living there," he said.

After completing his elementary schooling Wensi moved to the Mollucas Islands to complete his high school education at a junior seminary. "Then I applied (to be) part of the Missionaries of the Sacred Heart and studied philosophy and theology," he said.

"In 2006 I finished my philosophy and went back to West Papua to work with the office of Justice and Peace and the Archdiocese of Merauke as a brother of the Missionaries of the Sacred Heart.

"I worked for two years at the office for justice and peace and then I started to produce videos of the problems and human rights abuses in West Papua."

Wensi said part of his trip to Australia was to screen the Australian premiere of his documentary "The Forgotten Struggle: A Story of The Papuans Struggle".

He said the video detailed the Papuan struggle on Biak Island. "I documented the activity and also their stories for three years and then edited it down to 45 minutes, so it was difficult," he said.

The story was about the torture on Biak and the struggles, particularly for women. "Since 1963 when Indonesian military occupied West Papua and until now Papuan people in Biak have been tortured by Indonesian military and police, raped and killed and some arrested and put in jail for a long time," Wensi said.

He said many of the population had been severely traumatised and lived in constant fear. "When I want to interview some victims, they cannot give more (details) of their story because of the trauma," he said. "So, part of premiere, I'm also telling (people) about this trauma."

The physical and physiological trauma was inter-generational. "In Biak we have had big massacres, in 1998 on the 6th of July, Indonesian military and police arrested many people and also killed some of them because they raised the West Papuan flag," Wensi said.

He said the event known as the Biak Massacre was just one of a number of massacres on the island and came about because of a reform movement that subverted former Indonesian President General Suharto.

Biak people organised themselves and made a peaceful protest by raising the West Papuan flag in the water tower of Biak city but they were arrested, tortured and killed.

Wensi said his videos provided a platform for West Papuans to tell their stories. "Also in my video I want to give a healing of the traumatic experiences of the people," he said.

"So before I showed my documentary in Australia first I showed it to the people in West Papua so they can let it heal and they are learning from their experience and gaining strength from each other."

Wensi said it also helped people understand the process of their struggle and that they were fighting for West Papua.

"I think this is a good process for helping Papuan peoples but difficult now for me and other young filmmakers because Indonesian military and Indonesian police are still looking for us," he said.

"When we bring (a) camera and take some pictures during a peaceful demonstration in West Papua, police destroyed my old camera and intimidate and torture us. Last week one of my friends was tortured by police because he was taking pictures."

Rather than deterring people from talking and telling their stories, Wensi said the intimidation of the filmmakers was inspiring West Papuans. "More people want to talk and tell their stories; (even though) it is traumatic when they are telling their story," he said.

Wensi said since 2006 when he began working for the Justice and Peace office he has also been training and mentoring young Papuans in using cameras to document their struggle.

"I set up 'Papuan Voices Movement' (to help) young people 'struggle' with the camera, so the camera is like a weapon for telling our story and fighting our struggle," he said.

Wensi said the videos he made were a collaborative effort – "with villagers or people in the grassroots, because, for me, it is important to collaborate because if we have collaboration we have collective memory so the spirit of the struggle cannot die".

"It is still alive and people can continue to fight," he said. "One of my short documentaries called 'Love letter to the soldier' is about a young Papuan raped by an Indonesian army man in 2009.

"She couldn't tell her story because of discrimination because some people think she is a military girlfriend but when she told her story and I showed it to her she said 'Now the stone in my heart is gone'.

"Now she feels a lot better and also people in her community understand about the situation and now people in her village try to protect their young women. They have a rule that the military cannot visit of a night."

Wensi said that short documentary has won several international film festival awards.

Wensi works closely with Catholic missionary groups and religious orders "to bring West Papuan human rights cases to the United Nations Human Rights Council".

He said Catholic support for the human rights situation in West Papua was strong. "We try and look in some way to stop the violence in West Papua," Wensi said.

As well as working with Brisbane archdiocese's Catholic Justice and Peace Commission he is also searching for a way to have Australia support West Papua in raising injustices.

Wensi said West Papuans even had struggles over the land on which they lived. He said Indonesian and transnational companies were clearing "our forests and (taking) our land for palm oil plantations and for mining, so it is bad for us and difficult for us because they say it is to benefit us".

Wensi said he no longer felt alone in his struggle for justice. "Now especially with my video that I screened two days ago in Brisbane, people are paying more attention and saying 'Okay, we can stand with Papua'," he said.

He has asked Australians to raise West Papuan human rights issues with their local politicians.

Source: http://catholicleader.com.au/people/camera-weapon-of-choice-for-west-papuan

Aceh

Sharia police raid Aceh 'warnet' to catch online gamblers

Jakarta Post - November 13, 2015

Jakarta – Sharia police officers, locally known as Wilayatul Hisbah, raided a number of warnet (internet cafes) in North Aceh in the wee hours of Friday morning in an effort to prevent online gambling.

It was reported by kompas.com that officers raided warnet in Keude Lhoksukon of North Aceh after being tipped off that online gambling sites and porn sites had been accessed.

"This raid is the implementation of Qanun [Aceh's Islamic bylaws]. We heard that online gambling was happening in the warnet," Mursalin, the commander of the North Aceh Wilayatul Hisbah said as quoted by newsportal kompas.com.

However, Mursalin and his crew did not find such practices when they raided the warnet. "When we came, there was no one accessing online gambling [sites]," he said.

Mursalin then reminded all warnet visitors not to access porn and gambling sites. The sharia police also urged students staying in the warnet until after midnight to go home.

"We hope as we intensify the raids, we minimize the negative impacts of the internet. But most important is parents' supervising of their children," he said.

Sharia police are employed by the Wilayatul Hisbah office whose duty it is to implement Aceh's sharia bylaw called Qanun Jinayat.

Last month, the Aceh provincial administration implemented a tougher version of Qanun Jinayat with harsher punishments for activities such as gambling, alcohol consumption, adultery, dating in public and homosexual intimacy, and also for crimes including rape and sexual harassment. (rin)

Source: http://www.thejakartapost.com/news/2015/11/13/sharia-police-raid-aceh-warnet-catch-online-gamblers.html

Military ties

Maritime security key focus of Indonesia-Australia joint exercise

Antara News - November 13, 2015

Jakarta – Two Australian Navy ships from Perth have arrived in Surabaya to join the TNI-AL in a major four-day maritime security exercise to be conducted in the Java Sea.

The Royal Australian Navy Frigate HMAS Arunta and the RAN tanker HMAS Sirius are in Indonesia for Exercise New Horizon, the most important annual naval exercise of its kind between the two nations, the Australian Embassy said on its official website.

HMAS Aruntas Commanding officer Cameron Steil said he and his crew are very much looking forward to working with the TNI-AL. Our relationship with the TNI-AL and Indonesia in general remains one of the most important that we have in this region, CMDR Steil said.

"The activities we will undertake together will allow us to operate more closely with each other and to better protect our maritime interests. We share a common determination to keep our waterways secure."

Both HMAS Arunta and HMAS Sirius are based in Perth, Western Australia, which has a sister city relationship with Eastern Java.

The Commanding Officer of HMAS Sirius, Commander Darren Grogan agreed that Exercise New Horizon provides a perfect opportunity to improve regional relationships.

"New Horizon is an annual exercise, but we very much appreciate the chance to work with our close neighbors," CMDR Grogan said. "This sort of interaction could indeed lead to new opportunities for both our Navies."

Exercise New Horizon will take place from November 9 to 12, both at sea and ashore. Ships will conduct refueling, communication and live fire activities together. Sailors will also participate in sporting contests and other shore based activities.

HMAS Arunta and HMAS Sirius will then head home after concluding a two-and-a-half- month long tour of the Asian region.

Source: http://www.antaranews.com/en/news/101435/maritime-security-key-focus-of-indonesia-australia-joint-exercise

1965 mass killings

Tribunal witnesses safe to go home: AGO

Jakarta Post - November 14, 2015

Jakarta – Attorney General M. Prasetyo said that victims of the 1965 communist purge testifying at a people's tribunal in The Hague should not be concerned about their safety if they returned to the country.

Prasetyo said the witnesses had nothing to fear and could, in fact, join the government's effort to establish a joint reconciliation team on past gross human rights violations.

"Why should they be scared? They don't need to be scared. Just come back, it is no longer a problem. If they are scared, it indicates that they could be wrong. If they're innocent, then just come back, stop by at the Attorney General's Office [AGO]," he said at the AGO headquarters in South Jakarta on Friday.

On Tuesday, a group of activists held an international people's tribunal on the 1965 communist purge and, among its indictments, accused the government of murder, torture and sexual abuse.

Both victims of the purge and researchers have testified to atrocities that occurred from 1965 onwards. The Indonesian government has repeatedly dismissed the tribunal as it is legally non-binding.

Prasetyo said that the hearing's conclusion, which was set to be released on Friday local time, would not affect either the Indonesian government or the Dutch government.

However, he acknowledged that it would be sometime before the Indonesia's government could set up a reconciliation team that could bring closure to past rights abuses.

Source: http://www.thejakartapost.com/news/2015/11/14/national-scene-tribunal-witnesses-safe-go-home-ago.html

Indonesian state responsible for 1965 killings, IPT concludes

Jakarta Post - November 14, 2015

Jakarta – The panel of judges at the International People's Tribunal (IPT) at The Hague has concluded that the Indonesian government was responsible for the massacres and oppression that followed the events of Sept. 30, 1965.

Tempo.co reported that the judges recorded that a number of generals were killed during the initial incident, which was followed by the killing of tens of thousands of Indonesian people.

"There is an organized command line from the top to the bottom from an unconstitutional institution," said Presiding Judge Zak Yacoob, when reading the conclusion of the tribunal on Friday.

He said that from all testimonies from the witnesses starting from the first day's hearing on Tuesday to the last day on Friday, it could be undoubtedly concluded "that the serious human rights abuses that they [witnesses] told the judges really happened."

According to the judges, the human rights abuses included the killing of tens of thousands of people, illegal imprisonment without trial for very long periods, inhuman treatment of prisoners, torture, slavery and sexual abuse of women.

They said that all the incidents had the political objective of removing the Indonesian Communist Party (PKI) and its sympathizers from the Indonesian political scene.

Yacoob noted that all evidence that had been conveyed to the judges had proved the existence of extraordinary crimes against humanity.

The tribunal was a civil initiative managed by human rights activists and aimed to bring justice and closure for people whose lives were affected by the 1965 to 1966 mass killings.

The tribunal is not legally binding but is an attempt to give recommendations for the government to acknowledge the past crimes against humanity as well as to formulate solutions for the victims and their families. (bbn)

Source: http://www.thejakartapost.com/news/2015/11/14/indonesian-state-responsible-1965-killings-ipt-concludes.html

Government brushes off 1965 Tribunal

Jakarta Post - November 13, 2015

Jakarta – The Foreign Ministry says the government has nothing to do with the proceedings currently underway at the International People's Tribunal (IPT) at The Hague, the Netherlands.

The IPT has charged the Indonesian government with multiple crimes committed during the 1965 communist purge. Foreign Ministry spokesman Arrmanatha Nasir said that both the Indonesian and the Dutch governments claimed no involvement in the tribunal.

Arrmanatha said that Indonesia respected the right of the IPT to host reconciliation efforts but argued that the proceedings went beyond the legal frameworks in Indonesia and the international community. The IPT is a non-formal process often held by civilian groups to bring attention to unresolved human rights abuses around the world.

The government accepted the event as an expression of free speech and Foreign Minister Retno LP Marsudi previously asserted that the Indonesian government would support the proceedings on free speech grounds.

"Indonesia, as a democratic country that upholds and respects human rights, will not obstruct the hosting of such activities," Arrmanatha told a press conference in Jakarta, on Thursday.

Arrmanatha concluded that just like any country dealing with a murky past, Indonesia had sought to resolve its issues in a manner most appropriate and suitable to its condition. In the case of the 1965 purge, he said the government had emphasized comprehensive reconciliation efforts.

Source: http://www.thejakartapost.com/news/2015/11/13/national-scene-govt-brushes-1965-tribunal.html

Can Indonesia look back to move forward?

Equal Times - November 12, 2015

Nithin Coca – World leaders often cite Indonesia as an example of tolerance and democracy, both for Asia and the Islamic world. With the recent coup in Thailand, and growing protests in Malaysia, it is considered a rare beacon of light in the region, a country that is moving in the right direction.

"Indonesia progressed rapidly in the years immediately following the fall of [General] Suharto in terms of building and strengthening democratic institutions," says Paul Rowland, an Indonesia-based elections expert.

But just half a century ago, one of the bloodiest episodes in modern history took place across the Indonesian archipelago.

On 30 September, 1965, six top generals were killed by a group allegedly made up of left-wing Indonesians. To this day, the circumstances surrounding their deaths remain unclear but the murders allowed a previously little-known military leader, General Suharto, to assume power and launch a nationwide campaign against the perpetrators of the killing, which, according to him, were the Indonesia Communist Party (PKI) and its left-wing allies.

Within two years, Suharto was in firm control of the country, the PKI had been completely destroyed and countless Indonesians were dead.

"By not addressing the past, the regime of silence and fear continues, as those in power know that the public is still afraid," says Joshua Oppenheimer tells whose 2012 documentary film, The Act of Killing, sparked global discussions on the abortive coup and its aftermath.

To many, the appearance of civility – exemplified by the forthcoming local elections in December – is merely a facade. At the core of Indonesian society, critics claim, something dark and violent remains hidden.

"If you want to understand what is happening in your present society, you have to look back at the past," John T Miller, Executive Director of the East Timor Action Network, tells Equal Times.

In fact, Miller and other justice advocates argue that Indonesia's endemic corruption, lingering inequality, and continued environmental degradation are directly connected to what happened in 1965, and without confronting the past, Indonesia is doomed to see its democratic potential halt, or, disappear completely.

"We don't know the extent of the genocide – people say 500,000, most likely [academic] guess is one million, but the main perpetrators say we killed three million," says Professor Saskia E. Wieringa, a women's rights expert based at the University of Amsterdam and chair of the International People's Tribunal 1965, an organisation set up to address the crimes against humanity committed in Indonesia after 1965.

Of special concern to activists is the situation in West Papua, which was annexed during Suharto's rule in 1969 and has seen waves of violence and repression throughout its history. The military still remains firmly in control of West Papua, where sporadic violence between locals and government forces still occurs regularly.

"The violence of [1965-66] continued in East Timor, and I'm fearful it will continue in West Papua," said Wieringa.

'They have blood on their hands'

Suharto fell from power in 1998 following the economic devastation wreaked by the Asian Financial Crisis. Then, with ample international assistance, Indonesia moved to build a democracy that, contrary to the expectations of many, has survived several elections.

One thing it did not do, however, was create a space for victims of Suharto's three-decade long rule, most notably families of the 1965-66 killings, to gain justice.

"Indonesia is still ruled by corrupt, blood-hungry people with blood on their hands," Wieringa tells Equal Times. The Tribunal is in session for the first time this November in the Netherlands in an attempt to fill the information gap and provide some form of justice – and awareness – to the families of victims of the killings.

The tribunal will be trying to do something the post-Suharto Indonesian government has so far failed to do.

"There really was not thorough accounting of the Suharto years, or a cleaning of house," says Miller. This legacy has meant that, to this day, perpetrators of the violence continue to hold high-level positions both within the Indonesian government, and in the country's myriad provinces and districts.

"Power is still unchecked... and it is impossible for Indonesia to make progress on human rights or in checking corruption if these people still remain in power," says Wieringa.

Earlier this year, Indonesia's new government, led by President Joko Widodo, looked into implementing a Truth and Reconciliation Commission to look at the abuses of the Suharto era. Advocates fear a weak commission won't provide justice to victims. "Any truth or reconciliation commission needs a strong justice component," says Miller.

Moreover, foreign governments have a role to play, most notably the United States, which supported the Suharto regime and has yet to release records about its role in the coup.

"The United States wanted to keep Suharto happy as he was their big ally in the region," says Miller. "The more information from that time that is released, not just about US actions but Indonesian government actions in all its various facets, will allow all of us to understand what happened, and help prevent similar things from happening again, and identify who was responsible."

In the end, it will be the world coming together, and acknowledging the tragedy in Indonesia's past, that will make the most difference. "The world has to understand that this was a genocide, and the world has to take responsibility," says Wierenga.

Source: http://www.equaltimes.org/indonesia-looks-back-to-move#.VkTeTYQb6-8

'Don't listen to bules': Luhut brushes off 1965 massacres tribunal

Coconuts Jakarta - November 12, 2015

An independent tribunal investigating Indonesia's involvement in the 1965 massacres, during which an estimated 500,000-1 million people connected to the Indonesian Communist Party (PKI) were systematically murdered, was held for two days beginning on Tuesday in The Hague, Netherlands.

The Indonesian government hasn't acknowledged, let alone apologized for, the massacres, and has instead attempted to quash any discussions on the topic, even in large international forums.

The government's stance on the issue shows no signs of changing, as some of the cabinet's top ministers, including Coordinating Minister of Political, Legal, and Security Affairs Luhut Panjaitan, voiced their disdain at the tribunal taking place in the Dutch capital.

"Whom are you apologizing for? What families of victims? What massacre? Now what if I ask about Westerling (a Dutch military officer who Indonesia accused of war crimes during a counter-insurgency operation in Sulawesi after Indonesia's independence), how many Indonesians did he kill?" Luhut told reporters on Tuesday, as quoted by JPNN.

"So don't just listen to the words of bules (white people), listen to Indonesians as well."

The fallacies are jarring in Luhut's statement. For one, he clearly tried to stray away from the issue at hand by mentioning Westerling's alleged war crimes, which is completely irrelevant to what the tribunal is about.

The fact that the tribunal is taking place in The Hague has nothing to do with the bloody history between Indonesia and the Netherlands. The Hague is home to the International Court of Justice, where many similar special tribunals on war crimes have taken place in the past.

And as for the "words of bules", it's worth noting that the lead prosecutor in the tribunal is Todung Mulya Lubis, an Indonesian lawyer and human rights activist.

Regardless, the International People's Tribunal on 1965 Crimes Against Humanity in Indonesia is not a criminal court and as such doesn't have the mandate to ensure justice and compensation for victims. It will, however, use its findings to place pressure on the Indonesian government to acknowledge its crimes and to take responsibility for its victims.

Source: http://jakarta.coconuts.co/2015/11/12/dont-listen-bules-luhut-panjaitan-brushes-1965-massacres-tribunal

1965 tribunal hears woman's tale of sexual abuse

Jakarta Post - November 12, 2015

Liza Yosephine, Jakarta – The second day of a "people's tribunal" in The Hague, the Netherlands, in relation to Indonesia's 1965 massacre heard testimony from a survivor of sexual abuse on Wednesday.

Witness Tintin Rahayu (not her real name), who was a member of student group in Yogyakarta in the wake of the so-called Sept. 30, 1965 coup, testified behind a black curtain to having been incarcerated for 11 years by government forces on allegations of insurgency.

Tintin said she was tortured, sexually abused and detained at Wirogunan Prison in Yogyakarta and at Plantungan, a camp for female political prisoners in a remote part of Central Java.

She told the Indonesian People's Tribunal 1965 that she was beaten with a bicycle and her body burned, and that she was also stripped naked and subjected to sexual abuse.

"When I was moved to Wirogunan after [the sexual abuse] happened, I could not eat or sleep. I couldn't even speak to anyone, I was so ashamed," she said as recorded on youtube.com. At several points she broke down in tears.

She was detained at Wirogunan Prison and Plantungan camp, where she and her fellow detainees were forced to work the land with their bare hands.

Tintin said she was baffled by the charges of insurgency and had had no links to the (banned) Indonesian Communist Party (PKI) or the affiliated Indonesian Women's Movement (Gerwani), but she was repeatedly forced to admit to know a man accused of the same crime. "[The interrogators] did not listen to me," she said.

The tribunal is intended to publicize allegations that the Indonesian authorities were responsible for killing up to one million people regarded as communists in 1965 and 1966. The government faces a nine-count indictment of crimes including mass murder, torture and sexual abuse. No government representatives have appeared at the tribunal.

The National Commission on Human Rights (Komnas HAM) has concluded that the 1965 event was a crime against humanity, but no further government action has been pursued.

The government has refused to acknowledge the tribunal, and Coordinating Political, Legal and Security Affairs Minister Luhut Binsar Panjaitan has questioned the event, calling it unjust.

The tribunal holds no legal powers, but aims to expose the truth behind what organizers have called one of the darkest moments in Indonesia's post-colonial history.

Hendardi from the Setara Institute for Democracy Peace said that while it had no legal significance, the tribunal was doing important work to uncover the truth behind the allegations.

"The overreaction from Indonesian government officials over the International People's Tribunal is an indicator of the tribunal's success. Now the government must quickly realize steps to reveal the truth and heal the nation," Hendardi said on Thursday.

The PKI was held responsible for the murder of a number of military generals on Sept. 30, 1965, in a supposed attempted coup against then president Sukarno. PKI members and their associates were labeled traitors and brutally persecuted in the aftermath of the event.

Lawyer Todung Mulya Lubis, who is acting as a prosecutor in the tribunal, noted in his opening statement on Tuesday that the stigma attached to all relatives, spouses and children of the alleged communists had not been lifted.

"No words can explain the magnitude of physical and mental suffering experienced by people at that time, suffering that continues to this day."

Source: http://www.thejakartapost.com/news/2015/11/12/1965-tribunal-hears-woman-s-tale-sexual-abuse.html

People's tribunal accuses government of murder, torture

Jakarta Post - November 12, 2015

Fedina S. Sundaryani and Tama Salim, Jakarta – A group of human rights activists acting as prosecutors at an international people's tribunal (IPT) in The Hague has charged the Indonesian government with a nine-count indictment on crimes including mass murder, torture and sexual violence in the 1965 Indonesian Communist Party (PKI) purge.

The tribunal is a non-formal process, often held by civilian groups to bring attention to unresolved human rights abuses.

"Nineteen-sixty five tells of more than mass killings. Nineteen-sixty five also tells of enslavement, imprisonment, torture, sexual violence, persecution, enforced disappearances, persecution through propaganda and complicity of foreign countries notably the United States of America, the United Kingdom and Australia," renowned lawyer Todung Mulya Lubis, acting as one of the six prosecutors, said at the first hearing on Monday.

Those acting as prosecutors presented six witnesses to testify, including victims, researchers and journalists, as viewed on a live video stream.

Martono, who was ordered by military and police personnel to move bodies of victims to the Bengawan Solo River in Java from 1967 to 1969, said that he had witnessed victims being electrocuted with up to 25,000 volts.

"Every day [I would move] a minimum of two bodies. On Sunday or Saturday it could be between 20 to 25 bodies. I had to drive myself at the time and received no help," he said, adding that he had also been detained and tortured once in 1965 but was let go because he was not a "target".

Another witness, using the pseudonym Basuki Bowo, was a member of the Concentration of Indonesian Students Movement (CGMI).

Basuki explained that he was detained for 14 years on Nusakambangan Island, off Cilacap in Central Java, and Buru Island in Maluku from October 1965. However, he was never told the reasons for his detention and was categorized as a "B" prisoner – those believed to be involved in communist movements without proof.

He added that prisoners were often beaten by military personnel during their incarceration.

Meanwhile, Indonesian Institute of Sciences (LIPI) historian Asvi Warman Adam testified that based on his studies as a National Commission on Human Rights (Komnas HAM) researcher in 2003, he found there were more than 10,000 victims sent to the Buru Island prison from 1969 to 1979, most of them Class B political prisoners but some merely teenagers.

Asvi said prisoners were given insufficient food, were enslaved, tortured and not given a clear release date.

Although the forum, which will conclude on Friday, is not legally binding, it aims to shed light on incidents that are still disputed within Indonesia.

Government officials have dismissed the tribunal and claimed it to be unnecessary, saying the issue was being resolved domestically.

Similar tribunals have previously been established to shed light on different human rights issues, notably the Women's International War Crimes Tribunal on Japan's Military Sexual Slavery (TPT) in 2000 and the Russel Tribunal on Palestine (RToP) in 2009.

Komnas HAM was notably absent from Tuesday's hearing but commissioner Muhammad Nurkhoiron denied that the absence meant the commission was unsupportive of the event.

Nurkhoiron said the commission had decided in a recent meeting not to attend the tribunal "because we have to keep in mind the national situation also because there are many pressures on Komnas HAM. However, we are wholly supportive of the event."

Source: http://www.thejakartapost.com/news/2015/11/12/people-s-tribunal-accuses-government-murder-torture.html

1965 massacre tribunal website blocked

Jakarta Post - November 12, 2015

Arientha Primanita, Jakarta – A website presenting updates on the International People's Tribunal on Indonesia's 1965 mass killing could not be accessed on Thursday afternoon.

The website was set up by human rights activists to inform the public about the activities of the tribunal in The Hague, the Netherlands, from Nov. 10 to 13. Thursday marked the third day of the tribunal, which is discussing the exiling of people, forced disappearances and hate propaganda.

When thejakartapost.com attempted to open the website, 1965tribunal.org, the homepage had been replaced with an ERROR 403-Forbidden notice.

The website was established to give live streams from the tribunal, which features prosecutors and witnesses who openly discuss what happened during the communist purge. People can still watch the tribunal on its YouTube channel.

Communications and Information Minister Rudiantara said that the ministry did not block the website. "I have checked it," he told thejakartapost.com.

The tribunal is a civil initiative managed by human rights activists and aims to bring justice and closure for people whose lives were affected by the 1965 to 1966 mass killings. The massacre is believed to have been orchestrated by the government and claimed up to 1 million lives.

The President Joko "Jokowi" Widodo administration has chosen to ignore the tribunal, saying that Indonesia has its own judicial system and has given no details on how past human rights abuses will be addressed.

The tribunal is not legally binding but is an attempt to give recommendations for the government to acknowledge the past crimes against humanity as well as to formulate solutions for the victims and their families.

Source: http://www.thejakartapost.com/news/2015/11/12/1965-massacre-tribunal-website-blocked.html

'1965' People's Tribunal website inaccessible in Indonesia

Jakarta Globe - November 12, 2015

Jakarta – The website of the International People's Tribunal 1965, held in The Hague until Friday, could not be accessed in Indonesia on Thursday, sparking speculation that it was being blocked.

Senior government officials have made it clear in recent days that they don't take kindly to the proceedings involving senior Indonesian activists and lawyers, but the Communications and Information Technology Ministry was quoted as saying by BBC Indonesia that it was not blocking access to the site.

The website, which could be accessed without any problems on Wednesday, suddenly showed an "Error 403 – Forbidden" message on Thursday.

Besides providing information on the cases discussed, the site was livestreaming proceedings at the tribunal.

The tribunal is being held from Wednesday till Friday in a former church in The Hague. No state has recognized the tribunal and its findings cannot be enforced anywhere, but Indonesian officials have expressed their displeasure regardless.

The proceedings do follow those of a formal court – with prosecutors and judges – but it is a civil society initiative that, according to the IPT 1965's website, "operates outside the mechanisms of government and formal institutions like the United Nations."

The prominent Indonesia lawyer and activist Todung Mulya Lubis acts as the chief prosecutor at the tribunal. Other Indonesian activists and lawyers involved in the prosecution are Agustinus Agung Wijaya, Sri Suparyati, Antarini Arna, Uli Parulian Sihombing and Bahrain Makmun.

The state of Indonesia stands accused of murder, torture and enslavement, among other charges, over the bloody crackdown on communists and their suspected sympathizers after a failed coup attempt pinned on the Indonesian Communist Party (PKI) in 1965. Indonesia, which according to organizers was invited, is not represented at the tribunal.

Until today, it remains difficult to discuss the events of 1965-66 in Indonesia from the perspective of the victims and their relatives, or to question the official version of what happened.

At least 500,000, but possibly more than a million people were killed, and many others were tortured, raped or sent to prison camps.

The purges have always been presented as necessary to prevent a communist takeover. They also marked the beginning of the iron-fisted rule of pro- Western strongman Suharto, who only gave up power in 1998.

Several witnesses have provided harrowing accounts of what they experienced at the tribunal. Indonesian authorities recently threatened to close down a writers' festival in Bali if the organizers allowed discussions on 1965 and its aftermath.

Source: http://jakartaglobe.beritasatu.com/news/1965-peoples-tribunal-website-inaccessible-indonesia/

Indonesia is still afraid to look into the mirror and face its bloody past

The Guardian (Australia) - November 11, 2015

Galuh Wandita – In 1965, Kadmiyati was a young student teacher who enjoyed the arts living in Bantul, a small district outside of Yogyakarta.

On 10 October, along with her brother and father, Kadmiyati was rounded up by the military and brought to the district military headquarters with about 10 of her neighbours. She thinks herself lucky – she was only detained for a few months. A year later she was again arrested, interrogated and tortured.

Kadmiyati was invited to attend the Ubud writers' festival this year. She was due to speak at the opening of a photo exhibition organised by Asia Justice and Rights (AJAR) together with the Herb Feith foundation. She was excited and had prepared a Javanese song to share with the audience. When the exhibition was cancelled, along with a series of sessions discussing 1965 and its legacy, I asked if Kadmiyati felt disappointed. She smiled brightly: "I am used to it. It does not mean we stop speaking out."

Indonesia's president Joko Widodo has only been in power for one year. During his election campaign, he included the promise to address the violations of the past as part of his so-called nine point agenda, Nawacita. A few months into his presidency, Jokowi spoke to a group of survivors convened by the National Human Rights Commission at a meeting in Yogyakarta to commemorate human rights day in December 2014.

Kadmiyati was among the crowd, together with other survivors of 1965. She rushed towards him at the end of his speech. "Some of us are now elderly and frail. We need support. Time is running out." The president listened intently, nodded his head and asked his minders to write down their names. She left the meeting feeling hopeful. Now, her hopes have been dashed.

Indonesia is still afraid to look into a mirror and come to terms with its bloody past. But it hasn't always been like that. In the fervour of reformation, the upper house of the Indonesian national parliament passed a resolution in 1999 acknowledging how the Suharto regime had "fractured protection and promotion of human rights, demonstrated by various human rights violations, in forms that include violence, discrimination and abuse of power".

The idea of a truth and reconciliation commission was floated, a law was passed in 2004 but annulled two years later. This has also blocked the establishment of two truth commissions for Papua and Aceh, respectively legislated in the special autonomy laws.

The problem with impunity is that it is contagious. Impunity for these past crimes seeps into impunity from everyday justice. The mass crimes committed in 1965 were repeated in Timor-Leste, repeated in Aceh and Papua, and replicated among those speaking out against land grabbing and in defence of labour rights. Although Indonesia has made progress towards democracy since reformation, we are still ensnared in our past.

However, the lack of official appetite for truth has not dampened the urge to seek it. Survivors and human rights workers have worked hard to carve out a space to speak about the atrocities of 1965 and other incidences of repression and abuse that were rife throughout Suharto's "New Order" regime.

Between 2013 and 2014, a coalition of 50 NGOs from Aceh to Papua organised a year-long event called the Year of Truth, where survivors and witnesses spoke out about their experiences. The coalition, Coalition for Truth and Justice, gathered testimonies and evidence from its members, held public hearings in cities across the nation, and produced a final report that has been widely disseminated.

This year marks the 50th year since the pogroms against members of the Indonesian communist party and anyone thought to be associated with it. Even today we do not know whether 500,000, one million or more were killed. An Amnesty International report from 1969 estimated that 150,000 people were held without trial as "political prisoners" in makeshift detention centres throughout Indonesia.

Efforts to encourage the government to acknowledge victims of 1965 has been met with a pushback from conservative elements, some have put up signs warning of the "latent danger of communism". However, survivors and their advocates have not been swayed, their voices gathering momentum.

At The Hague on Wednesday, a group of international jurists gathered to hear the testimonies of survivors and witnesses from the 1965 atrocities. A "people's tribunal" had been convened in lieu of a comprehensive and rational response from the Indonesian government.

Kadmiyati's verse that she prepared to sing in Ubud goes something like this: "Let's keep the spirit working to stop our suffering. Expressed but not achieved, release our grief and pain. Fifty years have passed, the gates of reconciliation yet to open. To lead our nation back to its glory."

Source: http://www.theguardian.com/books/2015/nov/11/indonesia-is-still-afraid-to-look-into-the-mirror-and-face-its-bloody-past

Activist slams ministers for rebuffing 1965 massacre tribunal

Jakarta Post - November 11, 2015

Jakarta – A human rights activist has criticized President Joko "Jokowi" Widodo's subordinates for rebuffing the people's tribunal on the 1965 mass killings and standing against the exposure of the truth.

Hendardi, the chairman of human right advocacy group Setara Institute, said on Wednesday that the statements made by Attorney General HM Prasetyo and Defense Minister Ryamizard Ryacude showed poor judgment. "Their statements really demonstrated [the approach] they both take, which is suppressing the truth," he said in a statement to thejakartapost.com.

"They are both the enemies of humanity because they don't take the side of the truth."

Prasetyo said on Tuesday that the government refused to acknowledge the International People's Tribunal 1965, held from Nov. 10 to 13 in The Hague, the Netherlands. He said that past human rights abuses were Indonesia's own problem that the government aimed to resolve other parties' involvement.

Ryamizard also criticized the Netherlands as the venue for the tribunal and urged everyone not to look back and refer to past human rights violations.

Human rights activists initiated the tribunal to help disclose the military action believed to have killed up to 1 million people in 1965 and 1966, orchestrated by the government.

Hendardi also said that domestic and foreign initiatives to bring the truth to light would keep coming if the government was reluctant to do so itself.

"Human rights violations are a universal concern. Don't be so narrow minded – refusing to resolve the issues and getting annoyed when others try to reveal the truth," he said.

He also urged President Jokowi to use the momentum for a second cabinet reshuffle, which has been rising over the past month, to dismiss ministers that hampered the realization of his promises and visions.

Hendardi pointed out Prasetyo's lack of achievements or breakthroughs during his term so far and highlighted allegations made against Prasetyo's fellow NasDem Party politician Patrice Rio Capella, a bribery suspect.

He also slammed Ryamizard, who he considers to be staunchly opposed to military reform.

According to the official website of the International People's Tribunal 1965, 1965tribunal.org, the tribunal is not a criminal court and its findings are not legally binding.

The tribunal hopes, however, that its outcomes can lead to better government policies around resolving the issue.

"It will help push the state to [show accountability to] victims and their families, and to the Indonesian society as a whole," the tribunal website states.(rin)

Source: http://www.thejakartapost.com/news/2015/11/11/activist-slams-ministers-rebuffing-1965-massacre-tribunal.html

Government unfazed by 1965 people's tribunal in Netherlands

Jakarta Post - November 11, 2015

Fedina S. Sundaryani, Jakarta – The Attorney General's Office (AGO) has refused to acknowledge a people's tribunal, a non-judicial forum on the 1965 Indonesian Communist Party (PKI) purge, slated to be held in The Hague from Tuesday to Friday this week.

Attorney General Muhammad Prasetyo said on Tuesday that the tribunal, initiated by human rights activists, would not affect the government's own efforts to deal with the issue in its own way.

"We solve our own issues. There is no need for other parties to be involved in this," he said as reported by kompas.com.

Prasetyo said that the government was still trying to figure out a way to resolve past human rights violations "though reconciliation, but there are so many things to discuss and prepare."

Earlier this year, the government announced that it would attempt to establish a joint team to settle seven past human right violations, including the 1965 communist massacre.

It said the team would consist of representatives from the AGO, Law and Human Rights Ministry, National Police, National Intelligence Agency (BIN), Indonesian Military (TNI) and National Commission on Human Rights (Komnas HAM).

At the time, Prasetyo said that the team would most likely try to resolve the rights issues via non-judicial mechanisms because of complex technical problems.

Komnas HAM claims that progress on the establishment of the team has slowed since President Joko "Jokowi" Widodo reshuffled his Cabinet in August and placed retired Army general and Jokowi's close aide, Luhut Panjaitan, as coordinating politics, legal and security affairs minister.

Komnas HAM commissioner Muhammad Nurkhoiron told The Jakarta Post that Luhut was not as accommodating of the idea of revisiting the past as his predecessor, Tedjo Edhy Purdijatno, a retired high-ranking Navy officer.

"Previously, we received some positive signals as Pak Tedjo and Law and Human Rights Minister [Yasonna Hamonangan Laoly] had promised that Komnas HAM would be able to meet directly with the President to discuss our plans. However, [Tedjo] was replaced before we could meet [with Jokowi]," he said.

"Since then, we have not received word of whether such a meeting will happen. The current coordinating political, legal and security affairs minister has only given us empty promises. In fact, we recently met [with Luhut] who claimed that our proposal was not yet ready."

Nurkhoiron pointed out that many of those who claim the state shouldn't take responsibility and apologize for the alleged atrocities of 1965, such as Luhut and BIN chief Sutiyoso, were former members of or closely connected to the Indonesian Army.

"Maybe they are scared [of the reconciliation team]. They have been one of the most vocal opponent's of a state apology. Convincing the Indonesian Army and its former generals that the state must face its past is one our biggest challenges," he said, adding that Jokowi's stance on human rights had been very different before the Cabinet reshuffle.

"If President Jokowi continues to surround himself with these people I'm afraid that it will take a long time for us to realize our plans," he added.

In August, anti-PKI protests were held in a number of cities following rumors that Jokowi planned to deliver an official apology to families and victims of the 1965 purge during his speech to commemorate the country's 70th anniversary.

Cabinet Secretary Pramono Anung has previously said that such an apology had never been discussed at any Cabinet meetings as the government was focused on overcoming the effects of the global economic slowdown.

Source: http://www.thejakartapost.com/news/2015/11/11/govt-unfazed-1965-people-s-tribunal-netherlands.html

People's Tribunal organisers 'bored juveniles lacking nationalism': Luhut

BBC Indonesia - November 11, 2015

Rebecca Henschke – Coordinating Minister for Political, Legal and Security Affairs Luhut Padjaitan has accused the organisers of the International People's Tribunal on 1965 (IPT 65) of being "kurang kerjaan" [someone with not enough work to do so they make things up to keep busy] and juveniles lacking nationalism, says that democracy must have limits, and that the idea of crocodiles being used to guard convicted drug offenders is just a "joke".

During an event at the Jakarta Foreign Correspondent Club titled "Lunch with Minister Panjaitan", he did not explicitly answer questions about the possibility that President Joko "Jokowi" Widodo wants to return the military to a dominant position as it was prior to 1998 – before the fall of former President Suharto. He said he would check what happened in Bali (the banning of events related to 1965 at the 2015 Ubud Writers and Readers Festival) but did not respond to questions about the incident in West Sumatra (the deportation of 77-year-old political exile Tom Iljas for visiting the grave of his father at mass grave of 1965 victims) and in Central Java (the censoring of the student magazine Lentera in Salatiga following an investigative report on the 1965 killings).

"What we want to look at right now is, for example about democracy, we have regulations. So if there are some who do not obey the regulations, we'll throw them in jail. It's as simple as that... without this (obedience to the rules) I think it'll be difficult to protect this country. Because it's such a big country. We have to be quite firm about these things. Democracy yes. But we must see how far (freedom) can be [allowed] to go", said Luhut.

Nothing better to do

On the IPT 1965 that is currently being held in the Den Haag, Holland, Luhut initially appeared to try to make an issue over foreign parties that want to conduct legal proceedings over incidents in Indonesia.

"I think if there's a tribunal like this, then later people could also hold a tribunal about Westerling", he said. "(Because the brutality led by) Westerling killed 45,000 Indonesian people".

It was mentioned to Luhut that the organisers of the IPT 1965 are Indonesians themselves. "Yeah, just forget about it. I understand. Yes, perhaps those Indonesians don't have anything better to do maybe. We, the Indonesian people know how to resolve Indonesian problems".

But the organisers of the IPT 1965 are themselves Indonesians, explained the BBC. "Yeah perhaps (they) are Indonesians who don't think like Indonesians anymore".

The IPT 1965 is being chaired by lawyer and feminist Nursyahbani Katjasungkana, with lawyer and human rights activist Todung Mulya Lubis as lead prosecutor.

Elaborating further, Luhut said that if there are discussions about 1965 then actually, "there isn't any problem, please go ahead and have discussions. But they shouldn't 'over-rule' us, we have laws. We have legislation, we have regulations, so yeah we just have to be patient and wait".

'Who do they want to try?'

When asked again about the fact that no trials have been held for those suspected of crimes following the G30S affair [the September 30, 1965 alleged coup attempt by the Indonesian Communist Party or PKI], Luhut responded accusingly asking, "Who do you want to try?".

"The (people) they (want) to try are already dead. There were PKI (who were) killed, there were generals (who were) also killed. So right now today who do you want to try?".

One of the journalists pointed out that some of the killers are in fact still alive and have even openly admitted to their actions, such as those who appeared in the documentary films The Act of Killing (Jagal) and The Look of Silence (Senyap) by director Joshua Oppenheimer and his anonymous film crew.

"Now, those that killed the soldiers, that killed so and so, some are still alive. Are they to be tried again?".

On the idea proposed by National Narcotics Agency (BNN) chief Budi Waseso who said he wanted to use crocodiles to guard convicted drug offenders on a special island, he responded in a lighter tone. "I think the crocodile thing was just a joke", said Luhut.

Notes

In 2013, the Dutch ambassador to Indonesia at the time, Tjeerd de Zwaan, issued a formal apology for the killing of thousands of civilians in South Sulawesi as part of a 1946-49 campaign led by Dutch Captain Raymond Westerling to "pacify" resistance to Dutch colonial rule. In March 2015 a Dutch court ordered the Dutch state to compensate not only widows, but also the children of men murdered during the bloody crackdown.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "Luhut: PKI ada dibunuh, jenderal ada dibunuh, siapa yang mau diadili?".]

Source: http://www.bbc.com/indonesia/berita_indonesia/2015/11/151111_indonesia_lunch_with_luhut

'Tribunal' opens hearings into mass killings in Indonesia

Associated Press - November 10, 2015

Mike Corder, The Hague – A "people's tribunal" opened hearings in the Netherlands Tuesday intended to publicize allegations that Indonesian authorities were responsible for killing hundreds of thousands of suspected Communists 50 years ago.

Human rights lawyers acting as prosecutors charge the state of Indonesia in a nine-count indictment with crimes including murder, torture and sexual violence in the notorious killing spree from 1965-66 that left an estimated 500,000 people dead. The bloodbath swept into power the dictator Suharto, whose authoritarian rule lasted for three decades.

The tribunal has no formal legal powers, but aims to shed light on what organizers call the darkest days in Indonesia's post-colonial history, and promote reconciliation by exposing the truth about the killings.

One of the first witnesses to testify, academic Leslie Dwyer who has conducted research on the Indonesian island of Bali, said that 80,000- 120,000 people were killed there between late 1965 and March 1966 and that the killings only started when government special forces arrived and began organizing local police and militias.

Dwyer said that in some cases only the most tenuous links to the Communists was enough to cost a person his or her life, including having sung or danced at an Indonesian Communist Party event.

Rights activist and former lawmaker Nursyahbani Katjasungkana, who helped establish the tribunal, said the government in Jakarta needs to be held to account for crimes committed in the past.

"The Indonesian government is responsible to fulfill and respect victims' rights," she said. "They have the right to justice, the right to truth and reparations."

In 2012, Indonesia's National Human Rights Commission released a report concluding that the mass killings constituted gross human rights violations. However, the government dismissed it and refused to examine it further.

Indonesian senior officials this week dismissed the tribunal, and blamed the Netherlands for human rights violation during its colonization of Indonesia.

Activists also blame foreign powers, particularly the United States, Britain and Australia, for complicity in the killings, saying in the indictment that they provided small arms, communications equipment and even lists of potential victims to Suharto's forces.

The tribunal is expected to issue verdicts, which are not legally binding, next year.

[Associated Press writer Ali Kotarumalos in Jakarta contributed to this report.]

Source: http://www.thejakartapost.com/news/2015/11/10/tribunal-opens-hearings-mass-killings-indonesia.html

Government brushes off Hague tribunal on 1965 massacre

Jakarta Post - November 10, 2015

Jakarta – The government has refused to acknowledge the International People's Tribunal 1965, being held in The Hague, the Netherlands, saying that Indonesia works on its own justice system.

Attorney General HM Prasetyo refused to accept the mass killings of 1965 and 1966 being brought before a tribunal overseas. "We solve our own issues. There is no need for other parties to be involved in this," he told kompas.com.

He said the government was making continued efforts to resolve past human rights violations, however, there had faced difficulties in finding evidence and witnesses to testify.

Questioning sessions and early investigations conducted by the National Commission of Human Rights (Komnas HAM) could not yet be brought to the full investigation stage he said.

"The government is trying to resolve the violations through reconciliation, but there are so many things to discuss and prepare," Prasetyo said.

State Secretary Pratikno said the government was working to prepare a systematic solution for the human rights violations. "President [Joko Widodo] directed us to [work] based on our own justice system," he said.

The international tribunal, initiated by human rights activists, is being held from Nov. 10 to 13, marking the 50th anniversary of the massacre of up to 1 million considered members or supporters of the Indonesian Communist Party (PKI).

Coordinating Political, Legal and Security Affairs Minister Luhut Binsar Panjaitan also questioned the people's tribunal, claiming it was unjust. "Who do they want to try? How can they make a decision about our [case]?" he said.

Nursyahbani Katjasungkana, the general coordinator of the International People's Tribunal 1965 earlier announced that there would be seven judges, six international prosecutors and 16 witnesses taking part in the tribunal.

She urged the government to apologize as the first step toward recognizing the crimes committed by a past government, and also take into account the recommendations resulting from the tribunal. (rin)

Source: http://www.thejakartapost.com/news/2015/11/10/government-brushes-hague-tribunal-1965-massacre.html

Government rubbishes independent Hague tribunal on 1965 massacres

Jakarta Globe - November 10, 2015

Jakarta – The Indonesian government has rebuffed as irrelevant a people's tribunal to be staged in The Hague this week over a military-led purge that led to the deaths of up to two million suspected communist sympathizers from 1965-66.

The tribunal, to run from Wednesday until Friday, is organized by Indonesian human rights activists, academics and journalists, gathered under the International People's Tribunal.

Their attempt to shine a light on arguably the darkest chapter in Indonesia's history as an independent nation has met with derision from government officials such as Luhut Pandjaitan, the chief security minister, who questioned the fairness of such a tribunal.

"Who will be indicted? How come they decide something for us?" he responded when asked to comment on the upcoming event.

Separately, Attorney General H.M. Prasetyo, who has repeatedly refused to launch an inquiry into findings of gross violations of human rights in the 1965 purge as detailed by the government-funded rights watchdog, bristled at the fact that the tribunal was taking place outside the country.

"These are our own problems and we well solve them ourselves. There's no need for involvement from other parties," he said as quoted by Kompas.

He did not say when his office would, if ever, start looking seriously into the anti-communist massacre or the other military-led purges in the decades since that were highlighted by the National Commission for Human Rights (Komnas HAM) in a groundbreaking 2012 report.

The tribunal at The Hague will attempt to prove that genocide and crimes against humanity had in fact been committed during the 1965-66 affair, although the Indonesian government continuously to make an official statement on the matter.

Valentina Sagala, a commissioner at the NGO Women's Institute and a member of the group behind the tribunal, stressed that it was not an attempt to indict anyone on criminal charges.

She said the tribunal's outcome, expected to be presented next year at the United Nations Human Rights Council in Geneva, would not be legally binding, but would instead serve as a "moral verdict" so that the Indonesian government could formulate its own policies on addressing the massacres of half a century ago.

In Jakarta, State Secretary Pratikno said on Tuesday that President Joko Widodo had already instructed officials to come up with ways to resolve the thorny issue. "The government is working very hard to prepare a systematic solution," he said as quoted by Kompas.

Source: http://jakartaglobe.beritasatu.com/news/government-rubbishes-independent-hague-tribunal-1965-massacres/

Government urged to apologize to 1965 victims ahead of Hague tribunal

Jakarta Post - November 9, 2015

Jakarta – A human rights lawyer has urged the government to apologize to the families of victims of mass killings in 1965 during the International People's Tribunal in The Hague, the Netherlands, scheduled for Tuesday.

It was reported by tempo.co on Monday that the tribunal will be held from Nov. 10 to 13, to coincide with the 50th anniversary of the massacre that is believed to have killed up to 1 million people accused of being members or supporters of the Indonesian Communist Party (PKI) from 1965 to 1966.

Nursyahbani Katjasungkana, the general coordinator of the International People's Tribunal said that there would be seven judges, six international prosecutors and 16 witnesses taking part in the tribunal.

"The [government's] apology would be the first step toward recognition of the crimes the government committed in the past," she told Tempo last week.

Nursyahbani said that the 16 witnesses were Indonesians, some of whom had lived overseas since being exiled around the time of the tragedy.

She said the tribunal committee had conducted various research on the tragedy. There was 1,200 pages of research that have been summarized into 250 pages to be presented to the judges.

Nursyahbani said that tribunals of this kind generally resulted in conclusions or recommendations being sent to the relevant government. Therefore, she called for the government to use any recommendations made to help shape better policy around the issue.

Just an apology, however, would not be sufficient she said. The four-day tribunal is expected to also discuss reconciliation efforts, aimed at preventing such a crime from re-occuring. The tribunal results could also give wider voice to victims – in national and international forums.

"Hopefully one of the recommendations will be that the government follows up on reports from the National Commission on Human Rights (Komnas HAM), which has also conducted research on the tragedy in various regions in Indonesia," she said.

Human rights activists have long urged the government to make a formal apology to the families of the massacre victims, to bring closure to one of Indonesia's darkest moments.

This year marked the 50th anniversary of the mass killings, which several groups' efforts to commemorate got shut down. Lentera, a student magazine from Salatiga, Central Java, was recalled last month by campus authorities after its third edition published a cover story on the massacre in Salatiga.

Local authorities also banned a session discussing the 1965 massacre at the international Ubud Writers and Readers Festival in Bali in late October. (afr/rin)

Source: http://www.thejakartapost.com/news/2015/11/09/government-urged-apologize-1965-victims-ahead-hague-tribunal.html

Labour & migrant workers

Workers take to the streets to protest new wage regulation

Solidarity Net - November 11, 2015

Karawang – Around 3,000 workers from the Karawang district branch of the Fraternity of Indonesian Muslim Workers (PPMI) organised a convoy in the West Java industrial zone on Wednesday November 11. This was a warm-up action in the lead up to a 'stop production' action rejecting Government Regulation Number 78/2015 (PP 78/2015) on Wages.

"A convoy was chosen because this is still a warm-up and when it's time we will be ready to stop production. The aim is to continue articulating and campaigning for the PPMI's opposition to the PP 78/2015", said one of the PPMI Karawan members when contacted by Solidaritas.net.

The PPMI together with the United People's Committee (KPR) have been holding convoy actions since Tuesday November 10 in the Karawang International Industry City (KIIC) area and Surya Cipta. Julian said that in addition to the convoy, they have also protested at problematic companies such as KD Heat Technology Indonesia and PT Shinto Kogyo Indonesia.

Impoverishing workers

According to Julian, workers must continue campaigning in opposition to the wage regulation because it will impoverish workers. "[We] must continue to campaign against Government Regulation Number 78/2015 because by issuing this regulation the Jokowi [President Joko "Jokowi" Widodo] regime is in structural terms impoverishing workers", he asserted.

This impoverishment occurs through the calculation of wages based on the rate of inflation and economic growth which only comes to 11 percent as regulated under the new wage law. The government itself meanwhile is incapable of controlling or stabilising the price of basic commodities on the market.

"So from this the PPMI explicitly demands that the government revoke this regulation on wages and the PPMI along with other labour organisations are ready to stop production", he asserted.

Bekasi

In Bekasi regency, West Java, hundreds of protesters from the KPR also held a march to the Bekasi regional government offices on Tuesday November 10. They were demanding that the Bekasi regional government side with worker by joining them in opposing the new wage regulation.

The Bekasi government however ignored the workers' demands. Bekasi regent Neneng Hasanah Yasin was not at the office and instead instructed public order agency (Satpol PP) officials to meet with worker representatives.

"Don't vote for Neneng again in the next pilkada [election of regional heads}. Neneng is not the workers' regent", shouted one of the speakers.

In Bekasi city meanwhile, the PPMI joined with the KPR and other trade unions in an action rejecting the wage regulation.

South Sulawesi

In South Sulawesi the KPR also held an action opposing the wage regulation which they said would impact on low wages in the region. The protesters are demanding a provincial minimum wage (UMP) of 2.9 million rupiah a month which the governor has set at only 2.25 million based on the new regulation. This they said is evidence of the low wage policies born out of the wage regulation.

The KPR is made up of a number of labour organisations including the Nusantara Trade Union Alliance-National Labour Movement Centre (GSBN-SGBN), the Makassar Legal Aid Foundation (LBH Makassar), the Makassar Parking Workers Trade Union (SJPM), the Independent Women's and Children's Committee for Social Action (KIPAS), the People's Liberation Party (PPR), the Student Struggle Center for National Liberation (PEMBEBASAN), the Populist Student Front Preparatory Committee (KP-FMK), the Democratic Student Front-National Labour Movement Centre (FMD-SGMK), the Indonesian Independent Union (SMI), the Populist Student Front (FMK), the Indonesian Women's Secretariat (Srikandi), the Student Movement Front (FGM), the Democratic Revolution Movement (GRD), the Marginal Communities Student Movement (GMPA), Komunal, the Indonesia Muslim University Strategic Issues Study Forum (FOSIS UMI), the Indonesia Muslim University Indonesian Islamic Students Movement Faculty of Law (PMII Hukum UMI), the Indonesia Muslim University Islamic Religion Faculty Student Association Study Group (HMT FAI UMI) and the Working People's Association-Organisational Saviours Committee (KPO-PRP).

Ternate

In Ternate, North Maluku, the KPR held an action at the Regional House of Representatives (DPRD) Commission I offices also demanding that the new wage regulation be repealed. Using a megaphone, the protesters conveyed their demands and their support for the labour struggle.

Palu

In Palu, Central Sulawesi, the KPR and the trade union alliance the Indonesian People's United Resistance (PPRI) held a free speech forum in front of the Central Sulawesi DPRD where they put up banners reading, "Repeal the PP Number 78/2015 on Wages and Fight Militarism".

The PPRI also demanded that the government repeal other anti-democratic laws such as the mass organisation law, the intelligence law, the law on social conflict management, the national security law, the draft presidential regulation of the organisational structure of the TNI (Indonesian military) and the draft revisions to the law on the TNI.

They also called for the dismantling of the TNI territorial commands and for the military to return to the barracks, the arrest and trial of human rights violators, an end to contract labour systems and outsourcing, free education and healthcare and for the government to issue a law on the protection of migrant workers.

Yogyakarta

In the Central Java city of Yogyakarta, the Yogyakarta Workers Committee (KBY) held an action in which they handed out leaflets in front of a factory owned by the Corporation Berhad Iglas (PT IGB). The KBY called on workers to reject the new wage regulation and for solidarity with the 400 workers who were sacked on the grounds of efficiency.

Cirebon

In the West Java city of Cirebon, the Singarperbangsa Trade Union Federation (FSPS) also held an action opposition the new wage law and to support the fight against union busting which is widespread among Cirebon companies.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "Tuntut Pembatalan PP Pengupahan, KPR Aksi di Berbagai Kota". Subheadings were also added for readability.]

Source: http://solidaritas.net/2015/11/tuntut-pembatalan-pp-pengupahan-kpr-aksi-di-berbagai-kota.html

20,000 workers laid off amid North Sumatra gas crisis

Jakarta Post - November 11, 2015

Apriadi Gunawan and Raras Cahyafitri, Medan/Jakarta – Manufacturing companies in North Sumatra have had to close operations after soaring gas prices forced them to lay off some 20,000 employees.

The number of layoffs will potentially rise as prices increase wildly due to a continuous shortage in supply.

Johan Brien, chairman of the association of gas-consuming companies (Apigas), said conditions in North Sumatra were worrying. "At least 20,000 people have lost their jobs due to the closures of companies," Johan said Sunday.

The companies that have ceased operations include PT Glovindo, PT WRP, PT Flora Sawit, PT Cakra Compact, PT Abdi Raya Bakti and PT Ecogreen Oleochemical.

A former employee with PT Ecogreen Oleochemical, Nelson Manalu, said his employer had laid off a total of 200 people. "The prolonged gas crisis has made us lose our jobs as the companies have had to close operations," said Nelson.

Johan added that the number of layoffs would likely increase as several other companies that switched to alternative fuels have come to realize that these alternative sources are more expensive.

Some others, including PT Kedaung, PT Gunung Gahapi, PT Growth Sumatera, PT Intan Mas Indo Logam and PT Intan Swarkatika, have reduced their production capacity by more than 50 percent from normal conditions.

"It's possible that this crisis will continue into the near future, causing an increase in the number of unemployed," Johan said.

He said the gas crisis began when gas stocks for industrial use decreased from 29.54 million standard cubic feet per day (mmscfd) to only 5 mmscfd by July 31 of this year. The declining gas reserves caused the price to double, pricing out many operators in the industry.

Johan said the gas price in the area soared to US$14 per million British thermal unit (mmbtu), the most expensive compared to prices in other regions in the country.

Java and Batam in Riau Islands, by way of comparison, sell the gas at prices of $9 per mmbtu and $6 per mmbtu, respectively.

State gas company PT Perusahaan Gas Negara (PGN), meanwhile, has given its own version of the story, saying that the company's selling price was high because it bought the gas from Pertamina at a high price.

"We bought from Pertamina US$13.8 per mmbtu and sold it to the industry in Medan at $14 per mmbtu," PGN corporate communication head Irwan Andri Atmanto said on Tuesday.

Irwan said soaring gas prices were because of depleted gas fields, which supplied gas to PGN. Gas shortages in North Sumatra have been a common occurrence since 2000 but there is as yet no discernible solution despite manifold promises from the government.

In 2001, PGN promised to build a pipeline to channel gas from Duri-Dumai in Riau to Medan. However, the company did not receive a construction permit from the central government.

In 2010, PGN lost its tender to gas trader PT Pertiwi Nusantara Resources, forcing the company to buy gas at a higher price until 2013, when their contract was terminated.

In 2012, the Floating Storage Regasification Unit (FRSU), which was built by PGN for use in Belawan, was moved to Lampung by then State Enterprises Minister Dahlan Iskan, who promised to start pumping the gas from Arun (Aceh) to Belawan by October 2013. Until now, however, it has not happened.

According to Johan, Pertamina's failure to channel gas from the Arun to Belawan was allegedly because of speculation by traders. The government should therefore, in Johan's estimation, penalize Pertamina.

Johan added that Apigas, along with other business associations such as the Indonesian Employers Association (Apindo) and the Indonesian Chamber of Commerce and Industry (Kadin), had written a letter to President Joko "Jokowi" Widodo, asking for a solution. They have yet to receive a reply.

Meanwhile, acting North Sumatra governor T. Erry Nuradi acknowledged that gas supply in the province currently could not fulfill industry demand and that the gas price in the province at $14 per mmbtu was twice the average gas price in other areas in the country. (rbk)

Source: http://www.thejakartapost.com/news/2015/11/11/20000-workers-laid-amid-north-sumatra-gas-crisis.html

Journalism & media freedom

International delegation calls on president to address media freedom

Tabloid JUBI - November 14, 2015

Victor Mambor, Jakarta, Jubi/IFEX – An international delegation of media and freedom of expression organisations met with the Indonesian government to discuss the state of media in the country. It highlighted concerns regarding journalist safety and an environment that poses significant threats to freedom of expression.

At a meeting on Thursday [12 November 2015], Coordinating Minister for Political, Legal and Security Affairs Luhut Binsar Panjaitan re-committed, on behalf of the Widodo administration, to free press access to Papua and promised to review outstanding cases of killings of local journalists raised by the mission. The Minister was open to further communication with the media and civil society, and welcomed further recommendations.

The International Partnership Mission to Indonesia travelled to the country to meet with journalists, government and civil society representatives to review the media environment one year on since its first visit in December 2014. Significantly, it also conducted a fact-finding visit to Papua.

Publicly declared open to foreign journalists by President Joko Widodo in May 2015, Papua and West Papua have been restricted for international media for half a century. Access remains problematic, with obstacles being raised by local military and police. The mission met with Papuan journalists and media activists who described an atmosphere of surveillance and intimidation, as well as claims of security agents posing as journalists.

The mission also heard about challenges to freedom of expression more broadly across the country. Continued violence against the media and the failure to bring perpetrators to justice fuels further attacks, and leads to self-censorship. The digital space is an emerging front line for the media, meanwhile the Electronic Information and Transactions Law and the broader Criminal Code are being abused to silence critical voices.

"In a region where the press is under sustained attack, Indonesia has a leadership role to play in defending media freedoms," the mission said.

"There has been little demonstrable progress following the recommendations offered by the mission a year ago, and despite significant interventions by local civil society organisations. The government of President Widodo should do more to advance media freedom and protect journalists."

On its first visit, the mission was briefed on the 2009 Anak Agung Prabangsa murder case in Bali, which as a result of cooperation between media, police and local government resulted in the prosecution not only of the killers but also of the mastermind.

"The Prabangsa case proves that Indonesia can tackle impunity," the mission said. "We welcome the dialogue that has begun with the Widodo administration."

The Mission will publish a report of its findings and recommendations by the end of November.

Source: http://tabloidjubi.com/eng/international-delegation-calls-on-president-to-address-media-freedom-concerns/

Journalists freed from Indonesian jail say UK treated them like criminals

The Guardian (Australia) - November 11, 2015

Jessica Elgot – Two British journalists held for more than five months in an Indonesian prison have described their relief at being back on UK soil but criticised the Foreign Office for a dismissive attitude they said had left them feeling alone.

Documentary film-makers Rebecca Prosser, 31, and Neil Bonner, 32, said they had been treated like petty criminals by the British government. "The FCO need to figure out how they protect journalists," said Bonner, speaking to the Guardian after the pair touched down at Heathrow.

"We were treated like common criminals, as far as they were concerned. It was a complex, political case and they chose to use the same line as if we had been caught taking five kilos of cocaine into the country."

Bonner and Prosser were detained by the Indonesian navy on the island of Batam in May while filming a documentary about piracy and corruption in the military in the strait of Malacca on behalf of production company Wall to Wall.

They were threatened with charges including being a threat to national security, which carries up to 12 years in prison, but after months in detention were convicted of not having correct visas and sentenced to two- and-a-half months, meaning they could leave prison immediately because of time served.

"I've worked in many different countries where I thought the UK government would help me if things went wrong," Bonner said. "Now I realise I am on my own. We were well supported by friends, families and our company Wall to Wall, but if we didn't have that, if we'd been working for a small company that couldn't afford support, we would have been in serious trouble."

An FCO statement expressing concern was "literally a cut-and-paste job", Bonner said. "We were disappointed with big mistakes that were made that could have jeopardised our safety."

Prosser said the FCO initially failed to send a diplomatic notice to Indonesia about their case. "There is a specific document which governments can send expressing interest in a case, noting the British government is watching it at the highest levels and due process must be followed," she said. "We were told it had been sent, and a month later our families followed up and it was never sent. That could have really compromised us. We don't know how that affected the case."

Throughout their detention, the pair said they suspected their case was being closely monitored by the Indonesian military and was about far more than irregular visas. A senior Indonesian navy commander, Rear Admiral Taufiqurrahman, told the Jakarta Post that the film-makers "could tarnish the image of the Malacca strait as a crime-prone area". "The navy monitored our whole case," Bonner said. "They would turn up to see us in prison, illegally, they would visit the prosecutor, according to our lawyer. They were adamant they wanted the case to go to court."

Bonner said: "We were very concerned we were being used as political pawns between hardliners and liberals over press freedom, which is a big issue right now."

Prosser said: "The national security charge eventually evaporated, they bandied about another charge from the 1950s about foreigners inciting unrest. They were looking for anything they could get us with."

Both said they had not been expecting the conditions in prison to be as bad as they were, though being foreigners afforded them some privileges. "It was massively overcrowded," Bonner said. "The conditions were shocking and much, much worse for other prisoners, who were in cells for nine people with 22 crammed in, for 23 hours a day.

"Money buys you everything, and we got some privileges because eyes were on us. Fresh air is expensive, money buys you fresh air in prison, you don't get to leave your cell unless you pay."

Prosser said: "We washed from troughs with plastic buckets, we ate dirty food, I got infections and the clinic there didn't have the medicine to treat it properly. We have visitors who could bring us things so we were lucky. Leaving prison, I actually felt a sense of hopelessness for the people I met, who have no hope of justice at all. I feel a responsibility to them."

At Heathrow the pair were greeted by dozens of whooping friends and colleagues from as far afield as Glasgow, many of whom pushed through the barriers to embrace them.

The welcoming committee wore striped shirts – a favourite design of Prosser's – and blond moustaches like the one Bonner had sported before his detention. Prosser's six-year-old nephew had been given special permission by teachers to be there, his aunt's homecoming considered "exceptional circumstances".

"I feel like my strength is coming back, now they're home," said Bonner's mother, Barbara Shaw. "I had days where I would just burst into tears at anything, just cry at adverts, filling in forms at work. It's been so hard and we've had to keep it all bottled up."

Prosser's father, Bernard, who had travelled from Birmingham with her mother, Carmel, said he felt a weight had been lifted but also criticised the governments of the UK and Indonesia for their attitude towards journalists. "It's plain intimidation, we know that. If it had been just an immigration offence, why were they there for five months?" he said.

Foreign journalists are required to obtain special visas for reporting in Indonesia, but recent violations have led to reporters being deported immediately rather than after months of detention.

Leanne Klein, chief executive of Wall to Wall, said: "We are so pleased that Becky and Neil are safely back on home soil and with their families. Their wellbeing and safe return home has been our priority throughout this difficult time. I want to thank my team, particularly our lawyers here and in Indonesia, and everyone who has been involved in securing an end to their detention."

Source: http://www.theguardian.com/world/2015/nov/11/british-journalists-rebecca-prosser-neil-bonner-indonesia-say-uk-treated-them-like-criminals

Environment & natural disasters

Ministry's secrecy blamed for deforestation

Jakarta Post - November 12, 2015

Jakarta – Green group Forest Watch Indonesia (FWI) has criticized the Environment and Forestry Ministry for being one of the most secretive ministries in the government and has warned that that attitude could contribute to worsening deforestation.

From 2014 to the middle of 2015, the ministry had received 915 information requests from the public, but responded only to 127 of them, FWI researcher Linda Rosalina said on Wednesday.

The requested information mostly concerned permit documents, data on the ministry's budget, environmental policies and Environmental Impact Analyses (Amdal) – information that has been guaranteed as freely accessible for the public under Law No. 14/2008 on public information.

According to FWI, the ministry often declined to release information to the public, arguing that the information could threaten state security, public order or people's livelihoods, violate intellectual property rights, expose businesses to unhealthy competition, endanger the country's natural resources or put relations with other countries at risk.

"The ministry already has all the means to be transparent about public information, because the country has the law, the central information commission [KIP] and documentation and information management officers [PPID]," Linda said. "But the implementation is disappointing so far."

Linda said if the ministry continued to withhold crucial information, the country could suffer from accelerated deforestation. FWI data shows that Indonesia lost 4.5 million hectares to deforestation from 2009 to 2013.

"This shows that Indonesia still can't control deforestation, which is mainly caused by the lack of a transparent management system," FWI executive director Christian Purba said.

He added that inconsistent forest-related data at several institutions also pointed to the lack of transparency. Some of the inconsistencies include mismatches in the data from the Environment and Forestry Ministry and other agencies.

Data from the ministry shows that 143.7 million cubic meters of commercial timber came from natural forests between 2003 and 2004. Meanwhile, data from the Corruption Eradication Commission (KPK) for the same period shows that timber production amounted to 772.8 million cubic meters.

Christian said the difference could mean losses of up to Rp 779.3 trillion (US$57.34 billion) in state revenue.

KIP commissioner Yhannu Setiawan said the government needed to amend the public information law. "It's a good time to revise it with the participation of civil society," Yhannu said.

He said the central government also needed to promote transparency, especially at local governments. "It is going to be a very hard and slow process, but we have to change, and revising the law could be a step in the right direction," he said. (foy)

Source: http://www.thejakartapost.com/news/2015/11/12/ministry-s-secrecy-blamed-deforestation.html

Scientists warn of untold health damage from Indonesia's haze

Thomson Reuters Foundation - November 11, 2015

Bangkok – Toxic fumes from the Indonesian fires that have spread a choking haze across Southeast Asia may be doing more harm to human and plant health than officials have indicated, scientists measuring the pollution say.

Farmers are expecting a poor harvest because plants have too little sunlight for normal photosynthesis, while government figures of half a million sickened by the smoke are only the "tip of the iceberg," said Louis Verchot, a scientist with the Center for International Forestry Research (CIFOR).

Meanwhile, the fires are converting carbon stored in burning peatlands into greenhouse gases, contributing to climate change.

"When the sun goes up, the whole world is yellow. On the worst day, the visibility was less than 100 meters," said Verchot, who led a workshop on the crisis in Central Kalimantan province last month with about 20 scientists from Indonesia, the United States and Britain.

While taking measurements on a burning 5,000-hectare plot, the scientists – equipped with gas masks and a drone – trod carefully across the ash- covered peatland to avoid calf-deep holes, hot from the smoldering underground.

They are still analyzing their data, but Verchot said they had found harmful gases in the air including ozone, carbon monoxide, cyanide, ammonia, formaldehyde, nitric oxide and methane.

"It irritates your eyes, it irritates your throat. Without a mask, I don't know how people live in this stuff," he told the Thomson Reuters Foundation by telephone from Jakarta.

Many people wear simple masks that are ineffective at filtering the dangerous compounds, or no masks at all, he added.

The smoke from the fires on Borneo, Sumatra and elsewhere in Indonesia has spread to neighboring Singapore, Malaysia, the Philippines and Thailand.

Local media reported that schools in Central Kalimantan had closed for almost five weeks over the past two months, while the haze killed at least 10 people and sickened 504,000 on Borneo and Sumatra – though Verchot believes the figure is much higher.

"People in rural areas seek medical attention when it's really bad. I'm pretty sure it's an underestimate. This must be the people who are seriously affected," he said.

Carbon monoxide in hotel

Daytime flights to Central Kalimantan have been postponed to night when winds blow the all-permeating smoke in a direction that improves visibility for landing, Verchot said.

Martin Wooster, a professor at King's College London who joined Verchot on the trip, tested his equipment in his hotel room, several kilometers from the fires, and found 30 molecules of carbon monoxide per million molecules of air – enough to trigger a household carbon monoxide detector.

Outside near the burning peatlands, Wooster's preliminary data indicates more than 1,000 micrograms of particulate matter per cubic meter of air, and sometimes up to 2,000.

The US Environmental Protection Agency considers any amount over 300 micrograms per cubic meter hazardous.

"I'd never seen anything like that... I thought it was catastrophic for the local population, having to live with that level of air pollution for such an extended period of time," said Wooster, who has studied burning biomass in Mexico, Canada, South Africa and Britain.

"The geographic coverage of the smoke was enormous. You could drive for many tens of kilometers and still be in thick smoke. And it is persisting for weeks, even months," he said by telephone from London.

Predictable and preventable

The smokiest burn sites in Indonesia are the tropical peatlands that large companies and small-scale farmers have deforested and drained for agriculture, palm oil and wood products such as pulp and paper. Lacking a forest canopy, the dried-out peatlands are prone to fire.

Once considered a problem mainly in drought years, the smoldering fires on these "forest cemeteries" of dried peat and wood debris are now occurring annually.

This year has been particularly bad due to lower rainfall linked to the El Niqo weather phenomenon, although recent downpours have doused some of the fires and reduced the haze.

While the Indonesian government is struggling to control the crisis, Verchot described the haze as "totally preventable."

"This was predicted. The solution is not reacting to the crisis, it's preventing the crisis," he said. "It requires serious effort. It's something the government could do if they wanted to."

CIFOR has urged a reduction in forest conversion and peatland cultivation, better income opportunities in rural areas, and restoration of degraded peatlands.

Greenpeace has called on the pulp and palm oil industries to implement an immediate ban on forest and peatland development, and for peatlands to be reflooded to mitigate fire risks.

To discourage palm oil-related forest destruction, the Union of Concerned Scientists and other green groups have lobbied for companies to trade and use palm oil that is not produced in a way that causes deforestation.

Source: http://jakartaglobe.beritasatu.com/news/scientists-warn-untold-health-damage-indonesias-haze/

Government aims for strict liability but lighter punishments

Jakarta Post - November 10, 2015

Hans Nicholas Jong, Jakarta – The government is mulling whether to implement strict liability in its legal action against individuals or companies whose forest concessions are burning, in a bid to provide more of a deterrent effect, though at the same time, aiming to stop prosecution of offenders.

The Environment and Forestry Ministry said that the strict liability concept could be applied in the future, to more easily hold offending individuals or companies responsible.

"We are studying this concept of absolute responsibility at the moment. If a concession is burning, we could implement [this concept] and impose administrative sanctions, but not in front of the courts," the ministry's law enforcement director general Rasio Ridho Sani said.

He was responding to suggestions made by law experts regarding how to stop individuals or companies conducting the slash-and-burn practices that caused annual land and forest fires in Indonesia.

Dewi Pelitawati from Padjadjaran University law community said that Indonesia already recognized the concept in the Law No. 32/2009 on environment.

"Our environmental law already contains the strict liability concept. So the tools are there, the regulations are there, we just have to do it," she said on Friday.

Article 88 of the law states that any person whose actions, businesses and/or activities use hazardous or toxic waste (B3), produce and/or manage toxic waste and/or pose a serious threat to the environment is fully responsible for any damage done without their offences having to be proven.

Firyamanzuri, also from Padjadjaran University law community, said that the article could be used to immediately put the responsibility for fires on the shoulders of the culprits, even though there was no proof that the fires on their concessions were caused by themselves or their negligence.

"But from past cases, the justice system here still uses the practice of burden-of-proof, meaning that the victims are the ones forced to prove that the polluters are guilty," he said.

However, Rasio said that the interpretation of Article 88 might prevent the government from implementing the strict liability concept in forest fire cases.

"Proving a company guilty is not easy. First, we have to go to the location where the concession is burning. If the concession is vast, then it will be difficult to know the exact position of the fire and only the local people know how to get to the location. Second, it is hard to produce evidence, once the incident has passed, with which to prove who did the burning," said Rasio.

Source: http://www.thejakartapost.com/news/2015/11/09/govt-aims-strict-liability-lighter-punishments.html

Health & education

Reform needed to end unwanted pregnancies, unsafe abortions

Jakarta Post - November 12, 2015

Elly Burhaini Faizal, Seminyak, Bali – To protect women from unwanted pregnancies and unsafe abortions, a stronger regulatory framework is needed to ensure sufficient access to sexual and reproductive health care, an expert has said.

Indonesia Planned Parenthood Association (PKBI) Bali chairman I Ketut Sukanata said many women had died or suffered injury as a result of unsafe abortions despite Government Regulation (PP) No.61/2014 on reproductive health that legalized abortions in certain circumstances.

"We already have PP 61, which sets out the scenarios in which a woman is allowed to legally obtain abortion services. It's still not enough, however. Sexual and reproductive health services must be comprehensive, and be fully responsive to the rights and needs of women," Ketut said on Thursday.

Under PP 61, signed as an implementing regulation to Law No.36/2009 on health in late July, 2014, women in specific circumstances – those facing a life-threatening medical condition and victims of rape – can legally obtain abortions. Even when it is allowed, however, pursuing a legal abortion involves strict procedures, including counseling, during which medical workers decide whether or not to grant the abortion request.

The PP stipulates an abortion can only be performed by a team of doctors at an established healthcare facility with the informed consent of both the abortion recipient and the lead doctor. Also, the abortion must be done within 40 days of the first day of the recipient's last period.

Ketut added that safe abortions should be available not only in cases of rape or life-threatening health conditions, but also in other circumstances, such as contraceptive failures and unintended pregnancies among sexually active young people.

"If we are talking about birth control, all contraceptive methods carry a risk of failure. There should be a solution for an unwanted pregnancy if, for instance, a married couple opts not to have anymore kids," said Ketut.

He went on to say that unwanted pregnancies among sexually active teens had emerged as one of the biggest challenges for experts and groups concerned with reproductive health care.

"Many teenagers with unwanted pregnancies seek help through clandestine abortions, which pose a high risk of death or injury. At the same time, it is not possible for us [medical experts and clinics] to give them safe abortion services as it is not allowed under PP 61," said Ketut.

Unsafe abortion was one of the issues discussed at World Vasectomy Day (WVD) 2015 for which health experts and concerned groups gathered in Bali. The third WVD had been scheduled to coincide with the International Conference on Family Planning (ICPF) in Nusa Dua, Bali. The conference was postponed, however, until further notice on account of last week's eruption of Mount Barujari in Lombok, West Nusa Tenggara.

This year's WVD celebration will be held in Gianyar, Bali, on Friday. Around 21 males of reproductive age are set to undergo vasectomies during the event. The commemoration in Gianyar will be broadcast via live streaming to countries across the world. Around 750 doctors in 40 countries are set to participate to provide vasectomy services in the global event.

Source: http://www.thejakartapost.com/news/2015/11/12/reform-needed-end-unwanted-pregnancies-unsafe-abortions.html

YLKI upset over lower increase in tobacco excise

Jakarta Post - November 11, 2015

Khoirul Amin, Jakarta – The government's decision to raise excise on tobacco products by only around 11 percent next year has sparked public outcry as it would contradict the nationwide anti smoking campaign.

Indonesian Consumer Foundation (YLKI) chairman Tulus Abadi said Tuesday that the 11 percent growth rate, which is far lower than 23.5 percent recorded this year, was too low to reduce cigarette consumption.

"We generally appreciate the government's efforts to control cigarette consumption. However, an 11 percent hike is not an effective way to reduce consumption. It could have been higher," he said.

The Finance Ministry's customs and excise director general, Heru Pambudi, said recently that the government had decided to downsize the scale of the excise rate to 11.36 percent on average next year.

"The decision was based on two factors. First, with the increasing excise duty, cigarette consumption is expected to decline. Second, the moderate hike is aimed at preventing more layoffs [in the cigarette industry]," he told reporters.

Based on the tax office's data, the 2016 tobacco excise hike would vary, depending on cigarette type and business size. For a hand-rolled cigarette maker with output less than 50 million cigarettes per year, for example, the excise rate will stay the same at Rp 80 per cigarette.

Meanwhile, for a white (non-clove blended) cigarette maker with an annual production of more than 2 billion sticks, the excise hike will be at 16.47 percent.

Heru said that discrimination in the excise rate hike was aimed at providing more room for small and medium-sized cigarette makers to grow.

According to data collected by Bahana Securities, cigarette companies PT HM Sampoerna, PT Gudang Garam and PT Bentoel Internasional Investama have so far laid-off as many as 19,314 workers, mostly due to shutdowns of their hand-rolled cigarette units.

Reza Priyambada, an analyst with NH Korindo Securities, said on Tuesday that the moderate excise hike would be a sigh of relief for most cigarette producers as the excise duty accounted for a huge portion of their production cost.

Gudang Garam, for example, has spent Rp 27.29 trillion on excise duty ribbons, VAT and cigarette tax from its total cost of sales amounting to Rp 40.43 trillion as of the third quarter of this year.

Another cigarette maker, PT Wismilak Inti Makmur, meanwhile spent 47.4 percent of its total cost of goods sold on excise duty ribbons in the first nine months of this year.

YLKI's Tulus said, meanwhile, that Indonesia's cigarette excise rate of between 38 and 42 percent was currently among the lowest in the world. He said the excise rate reached 75 percent in many countries.

The government initially targeted raising excise for tobacco products by 23.5 percent to Rp 148.85 trillion next year but it eventually decided to lower it to 11 percent after a series of discussions and public hearings with the House of Representatives and cigarette associations.

With an 11 percent excise hike, the government is upbeat that it will reap in Rp 139 trillion by the year's end as cigarette companies are forecast to buy more excise ribbons this year before the new excise rate is imposed early next year.

Source: http://www.thejakartapost.com/news/2015/11/11/ylki-upset-over-lower-increase-tobacco-excise.html

BPJS must crack down on late fee payers, insists watchdog

Jakarta Post - November 9, 2015

Jakarta – The Social Security Management Agency (BPJS) should be stricter with employers whose payments to its health program are in arrears, a watchdog has said, in order to stop the agency falling into deficit and ensure all workers are covered by the program.

Timboel Siregar from BPJS Watch said that the BPJS was too passive and failed to act against employers who did not promptly pay their dues to the agency's program.

"The agency generally does nothing until the companies are three months late with their payments; on the other hand, it immediately blocks workers' access to the benefits," Timboel said. "Closing the access only hurts the workers, who are consequently unable to use hospital facilities."

He added that the current practice also risked bringing about a financial deficit at the BPJS, which suffered losses of Rp 4 trillion in 2014. He suggested, as such, that the BPJS change its policy in dealing with late payments, arguing that the agency should be more proactive and take immediate action against companies that missed payments.

The agency, he added, was within its rights immediately to reprimand companies failing to pay the fees without waiting for them to fall three months into arrears.

Stricter action would bring about a drop in late payments, Timboel said, adding that his institution had recorded at least 15 companies in Greater Jakarta that had failed to pay the social fees in time.

Koperasi Karyawan (Employee Cooperative) under state-owned shipyard Dok & Perkapalan Kodja Bahari Galangan II (DKB 2) was among those companies, he revealed.

Workers at Koperasi Karyawan have been demanding their rights after the cooperative proved unable to provide for their security, as well as being unable to pay their salaries.

Paimin, Koperasi Karyawan's labor union chief, said that workers had been unable to use hospital facilities for a year despite the company making deductions from their salaries to pay the fees of the Healtchare and Social Security Agency (BPJS Kesehatan).

According to Paimin, hospital management always rejected his colleagues' BPJS Kesehatan cards, claiming that the insurance was no longer valid.

"I was surprised to learn about the issue from my friends, so I asked the management of Koperasi Karyawan about it. I was even more surprised when they told me that they had no money to pay for the insurance," Paimin said.

He added that Koperasi Karyawan was continuing to deduct 1 percent of its employees' salaries for BPJS Kesehatan fees despite failing to then actually pay the fees to the agency.

Koperasi Karyawan deputy head Janhari admitted that his cooperative had been unable to pay for BPJS Kesehatan since July last year because of a lack of funds.

He explained that the cooperative operated as a manpower supplier to DKB 2, which, he claimed, had been failing to pay invoices for manpower supply on time. This was the cause of Koperasi Karyawan's financial shortfall, he said.

He added that the cooperative had, moreover, been unable to pay its workers' full salaries for the last six months. (agn)

Source: http://www.thejakartapost.com/news/2015/11/09/bpjs-must-crack-down-late-fee-payers-insists-watchdog.html

Gender & sexual orientation

Diponegoro University forbids discussion on LGBT issues

Jakarta Post - November 13, 2015

Jakarta – The rector of State Diponegoro University (Undip) has forbidden students from holding a discussion on lesbian, gay, bisexual and transgender (LGBT) issues on campus claiming that the theme was contrary to religious teachings.

Rector Yos Johan Utama said on Friday the topic was sensitive and he was worried that it would steer participants in the wrong direction. According to Yos, the notion of LGBT went against religious teachings.

"Undip upholds religious values and akhlakul karimah [good deeds]," he said on Friday as quoted by tempo.co. Yos also said that the discussion was cancelled because the students had not received permission from the Dean.

The Student Press Association (LPM) Gema Keadilan from Undip's faculty of law had to cancel the discussion on Thursday after failing to acquire a permit from campus authorities.

In his defense, Yos said the university upheld academic freedom only on the condition that it was conducted responsibly.

LPM Gema Keadilan regularly holds discussions on various subjects and the LGBT-themed discussion would have been their sixth event. The students invited three guest speakers for the discussion: Yosep, chairman of the Semarang Gay Community, Marten Hanura, a human rights professor from Undip's faculty of social and political sciences, and Zulfa Juniarto, a professor from the faculty of medicine.

The chairman of the Central Java Indonesian Legal Aid and Human Rights Association (PBHI), Kahar Muamalsyah, condemned the university for the prohibition.

"This is ironic. An academic institution forbidding its students from engaging in critical thinking on an issue," he told tempo.

Kahar said the prohibition was a misguided attempt at moral judgment. Kahar urged Undip to respect and encourage freedom of expression from its student body. He also called on the police to uphold the state's responsibility to protect the rights of citizens.

The Islamic Defenders' Front (FPI) of Central Java disagreed with the ban. Head of the advocacy team for Central Java FPI Zainal Abidin said, as quoted by tempo.co, that the discussion would help produce fruitful outcomes by revealing the main problems surrounding LGBT people.

The problems included the basic reason for the existence of such people, why Islam forbid them and whether economic factors were involved. "Freedom of discussion is protected under the law. Students have the right to continue their discussion," Zainal Abidin said.

Nonetheless, in line with the Undip's stance on free speech, Zainal warned that the FPI would ban any kind of discussion that expressed support for LGBT people. (liz/afr/rin)

Source: http://www.thejakartapost.com/news/2015/11/13/diponegoro-university-forbids-discussion-lgbt-issues.html

Marriage & polygamy

West Java survey finds 38% of brides are children

Jakarta Globe - November 9, 2015

Jakarta – No fewer than 38 percent of women in parts of West Java's Bogor district tie the knot before turning 18, a survey has found, with almost 8 percent of brides being under 15.

The research, by children's rights NGO Plan International and UK legal charity Coram Children's Legal Centre (CCLC), was carried out in Bangladesh and Pakistan as well. In Indonesia, the surveyed subdistricts were Babakan Madang and Cigudeg, both located not far from Jakarta.

In their report, titled "Getting the Evidence: Asia Child Marriage Initiative," the researchers say that in all three countries, there is the widely shared belief that "having an age gap between husbands and wives is necessary for securing male dominance in the household" – with a majority of respondents agreeing that "younger brides are preferable because they are more obedient and respectful of their husbands."

The Indonesian research found that 38 percent of married women did so before turning 18 and 7.8 percent were married even before they turned 15. However, only 3.7 percent of the sample of married men had married as children, and no men married under the age of 15, the report says.

Arranged or forced marriage in the predominantly Muslim subdistricts surveyed in Bogor was found to be relatively rare.

At the same time, Indonesian respondents said that unplanned pregnancy was one of the most significant and important drivers of child marriage.

In Bangladesh, meanwhile, the survey found an extraordinarily high proportion of women – 73 percent – were married as children. In Pakistan, that number stood at 34.8 percent but there the rate of girls married under 15 remained comparatively high at 15.2 percent. Many men in the areas surveyed in Pakistan also married young, with almost 13 percent of them reporting to have tied the knot before reaching adulthood.

Legal context

The Convention on the Elimination of all Forms of Discrimination Against Women, which was ratified by Indonesia in 1984, mentions that "the marriage of a child shall have no legal effect."

Separately, the UN Convention on the Rights of the Child (CRC), ratified by Indonesia in 1990, requires states to "take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children" – which includes marriage of people under the age of 18.

International law is also understood to require that the minimum age of marriage is the same for men and women.

In Indonesia, however, the 1974 marriage law allows 16-year-old girls to wed, while men have to wait until they are 19. Marriages under Islamic law, which are not officially registered, or based on other local customs, often see grooms – but especially brides – that are younger.

Earlier this year, Indonesia's Constitutional Court rejected a petition by women's rights activists to raise the legal age of marriage for women to 18, sparking calls on the government of President Joko Widodo to step in.

Education and opportunity

Plan International's director for Asia, Mark Pierce, says in a press statement that deeply ingrained gender discrimination is a main cause for child marriage, but he adds that economic factors, girls' economic dependence and tradition also play strong roles.

Lack of education and access to health services are also cited as factors contributing to the practice.

"Our research shows that changing communities' attitudes and acceptance of child marriage is not a remote or insurmountable challenge," Pierce says, arguing that governments and community organizations can make a big difference.

"A combination of education, economic opportunity, access to health services, and more strict, enforced legal frameworks make a substantial difference to the levels of acceptance and prevalence of child marriage."

Source: http://jakartaglobe.beritasatu.com/news/w-java-survey-finds-38-brides-children/

Freedom of religion & worship

Anti-Shia event slammed by Muhammadiyah, NU

Jakarta Post - November 15, 2015

Arya Dipa, Bandung – Leaders of the country's two largest Muslim organizations have condemned a plan from the so-called Anti-Shia National Alliance (Annas) to declare an anti-Shia movement on Sunday in Purwakarta regency, West Java.

The declaration, the groups said, would hamper ongoing efforts to eradicate intolerance in the province, which has long been a hotbed of religious conflict.

Speaking to The Jakarta Post on Saturday, Nahdlatul Ulama's (NU) deputy West Java chapter head Kiagus Zaenal Mubarok said that the campaign to disregard the existence of Shiites would potentially lead to wider conflict.

"Everyone can argue that his or her religious expression is the implementation of the religious teachings he or she believes in. However, they must also remember to implement the teachings within the context of nationhood," he said.

"[Indonesia] is a religiously diverse country. [Followers] of all religions and beliefs should create a joint agenda to formulate the ideal relationship between the state and religion."

Muhammadiyah West Java chapter head of religious outreach Saeful Abdullah similarly denounced Sunday's event, arguing that it was everyone's basic right to profess whichever religion she or he chooses.

"Every individual has a right to embrace any religion or belief. We have to give everyone the same opportunities to practice his or her religious teachings or beliefs," he said.

Last year, West Java, one of the country's most populous provinces, ranked first for intolerance and violations of religious freedom, according to an annual report published by the Wahid Institute, a Jakarta-based Islamic think tank founded by late former president Abdurrahman "Gus Dur" Wahid.

Long-standing conflict over the GKI Yasmin church in Bogor and the Filadelfia church in Bekasi, as well as violence against Ahmadiyah followers in several parts of the province, are among the unresolved problems that led to West Java being ranked as the country's least tolerant region.

Purwakarta, located some 90 kilometers southeast of Jakarta, became the focus of religious tension after Annas announced earlier this week its plan to declare an anti-Shia movement at the Indonesian Education University (UPI) campus in Purwakarta city this weekend. The majority of Indonesian Muslims are Sunnis, and adherents to the Ahmadiyah and Shia denominations form only very small minorities.

Despite efforts to promote tolerance from moderate groups like NU and Muhammadiyah, respectively the country's largest and second-largest Muslim organizations, the incidence of violent acts against minority sects by hardline groups has mushroomed under the noses of law enforcers and regional administrations.

Earlier on Friday, Purwakarta Police chief Adj. Sr. Comr. Truno Yudo Wisno confirmed that the police had issued a permit for Annas' event, arguing that the movement was regarded as a "moral movement" without anarchic tendencies.

"The event can proceed. As an institution, the organization may be anti- [Shia], but we consider this event a moral movement," Truno told the Post. The clearance was given despite the Purwakarta regent's issuance of a circular reiterating the religious freedom of all residents.

Indonesian Ahlul Bait Association (IJABI) chairman Syamsuddin Baharudin, meanwhile, said the Shia organization welcomed discussion and debate of Shia teachings, but would not stand for slanderous accusations.

"It is everyone's right to agree or disagree with Shia teachings. However, people must not spread lies or use slanderous speech that could lead to hatred and hostility," he said.

Source: http://www.thejakartapost.com/news/2015/11/15/anti-shia-event-slammed-muhammadiyah-nu.html

Regent enforces tolerance

Jakarta Post - November 14, 2015

Arya Dipa and Lita Aruperes, Bandung/Manado – The Purwakarta regional administration in West Java has issued a circular that guarantees the freedom of local residents to express their religious beliefs.

The policy has been widely applauded by activists, as it provides rare and concrete guidance for the promotion of tolerance in the province, which has long been a hotbed for various religiously motivated conflicts.

The assurance is formally stated in Purwakarta Regent Circular No. 450/2621/Kesra on the guarantee of the right to worship according to one's faith.

"Purwakarta [residents] should have no anxiety with regard to their faith or [worship] practices," Regent Dedi Mulyadi told The Jakarta Post over the phone on Friday. He said the issuance of the circular, which he signed on Nov. 10, was an effort to enforce the Constitution and the state's ideology of Pancasila.

Article 29 of the 1945 Constitution, he said, guaranteed every citizen the right to embrace a religion, and to worship according to his or her respective faith, as long as the faith practices did not disturb public order.

Dedi, a politician from Golkar, the country's second-largest political party, acknowledged that he had issued the circular to curb the emergence of anti-Shia activity in the regency.

"Sect A or sect B may exist, but they must obey the state's authority," he said. "That's why the circular has been issued and distributed down to the neighborhood unit level to create a like-minded understanding [of the principle]"

According to the Wahid Institute's annual report last year, West Java ranked first in terms of intolerance and the violation of religious freedom.

Long-standing conflicts regarding the establishment of the GKI Yasmin church in Bogor and the Filadelfia church in Bekasi, as well as violence against Ahmadiyah followers in several places in the province, were among the unresolved problems that led to West Java's high ranking in terms of religious intolerance.

Purwakarta, located some 90 kilometers southeast of Jakarta, has also seen the emergence of religious tensions after an organization calling itself the Anti Shia National Alliance (Annas) announced its plan to declare an anti-Shia movement at the Indonesian Education University (UPI) campus in Purwakarta this weekend.

Dedi said he strongly opposed the campaign. "I don't condone their event. I disagree with them," said Dedi, who recently delivered a speech in front of young leaders from around the world at a forum at the UN headquarters in New York.

Contacted separately, Purwakarta Police chief Adj. Sr. Comr. Truno Yudo Wisno confirmed that the police had issued a permit for Annas' event, arguing that the movement was regarded as a "moral movement" without any anarchic tendencies.

"The event is aimed at protecting the religious beliefs that are followed by Annas," Truno said, adding that he also supported the regent's newly issued circular.

Inter-Religion Network coordinator Wawan Gunawan, meanwhile, applauded Dedi's efforts to provide a legal basis for promoting tolerance in his regency. "The government and law enforcers would not need such a circular if they implemented the Constitution properly," he said.

Meanwhile in North Sulawesi, the local police have denied circulating rumors that the Christian community in Bitung municipality had recently demolished a mosque that was still under construction in the Aer Ujang complex, Girian Permai subdistrict.

"Based on the results of the recent Forkopimda [Regional Leadership Communication Forum] meeting involving North Sulawesi provincial and Bitung municipal officials, no [construction] activity is permitted at the site until the license is issued," North Sulawesi Police spokesperson Adj. Sr. Comr. Wilson Damanik said on Friday.

Wilson said there had been no permanent building on the disputed site, only a structure made of plywood with zinc roofing. He added that it was the mosque committee itself which tore down the structure following demands from the local community.

"I call for restraint from the Muslim and non-Muslim communities. Put your trust in the police to help end the dispute," Wilson said.

Source: http://www.thejakartapost.com/news/2015/11/14/regent-enforces-tolerance.html

Komnas HAM supports Bogor's Yasmin Church

Jakarta Post - November 13, 2015

Erika Anindita, Jakarta – The National Commission on Human Rights (Komnas HAM) has backed a proposal to expand the functions of a building to be constructed by the Christian Yasmin Church in Bogor, West Java, instead of relocating the church to another place altogether, as proposed by the Bogor city administration.

Komnas HAM commissioner M. Imdadun Rahman said on Thursday that his organization had sent a letter to Bogor mayor Bima Arya Sugiarto to convey the views of many non-government organizations, including members of the Yasmin Church itself, about the multi-function building proposal.

According to Imdadun, the proposed Bhineka Building would have several floors, available for various inter-religious activities or use by any religious group.

"We're supporting the solution that was offered by a few non-government organizations [NGOs] including GKI Yasmin members," Imdadun told thejakartapost.com.

On the internal dispute within the Yasmin Church congregation – between those who agree with relocation and those who want to stay – Imdadun said that the church congregation should be able to solve it themselves.

Although Komnas HAM would prefer that the Yasmin Church remained on the disputed land, the institution will respect the final decision made by church management and its congregation. "We will respect their internal choice. Let them sort out their internal conflict alone and choose the best option for them," Imdadun said.

The Bogor administration sealed the building in April 2010. In December of that year, the Supreme Court delivered a verdict restoring the church's construction permit (IMB) for a house of worship on the current site. Bogor mayor Diani Budiarto, however, defied the ruling, revoking the IMB once more in March 2011. (bbn)

Source: http://www.thejakartapost.com/news/2015/11/13/komnas-ham-supports-bogor-s-yasmin-church.html

MUI to deploy cleric to promote moderate Islam

Jakarta Post - November 13, 2015

Haeril Halim, Jakarta – The Indonesian Ulema Council (MUI) on Thursday announced a plan to recruit 50,000 preachers and dispatch them across the country to promote moderate teachings of Islam.

MUI chairman Ma'ruf Amin said his organization, which is frequently criticized by human rights groups for its conservative views, decided to take that step in response to the country's "rising number of cases of intolerance".

"Hopefully, we can start the deployment of the preachers this year. They will be stationed at regional MUI branches across the country," Ma'ruf told The Jakarta Post in an interview on Thursday.

Ma'ruf said the deployment of the moderate preachers demonstrated that the MUI was serious about promoting religious tolerance.

"The MUI is ready and serious about preaching Wasathiyah [moderate] Islam, which is not radical and violent. We want to see Islam as a religion of love," Ma'ruf added.

In addition to the new program, the MUI would issue more edicts that could serve as guidelines for Muslims in the country to respond to current developments, Ma'ruf said.

"We have been conducting meaningful campaigns in the community, such as the halal food awareness campaign and the implementation of a sharia-based banking system," Ma'ruf said.

Soon after being elected as MUI chairman, Ma'ruf, who previously chaired the organization's edict division, pledged to embrace beleaguered minority groups, including Ahmadiyah and Shia communities, which many Indonesian Muslims deem "deviant" from mainstream Islam.

The MUI issued an edict stating that Ahmadis were "deviant", because they believed that there was another prophet after Muhammad.

As for Shia Islam, some local branches of the MUI have issued an edict condemning it as "heretic" for believing that the leadership of Islam should be kept in the hands of those descended directly from the Prophet Muhammad.

Ma'ruf said that although the MUI would not change its stance on the two minority groups, under his leadership the organization would encourage Muslims to embrace them to have a peaceful coexistence.

In 2012, the MUI renewed an edict forbidding Muslims from extending holiday greetings to Christians and said that then-president Susilo Bambang Yudhyono should not attend a national Christmas celebration to comply with the edict.

Muslim scholars have long debated the controversy of wishing Merry Christmas to Christians. Some said that Christmas was a religious festivity celebrating the birthday of Jesus, the son of God worshipped by Christians.

However, in 2014 under the tenure of Ma'ruf's predecessor Din Syamsuddin, who is a moderate Islamic scholar, the MUI softened its stance by saying that there was nothing wrong with Muslims giving a season's greeting.

Separately, the SETARA Institute, which campaigns on religious pluralism in the country, said it applauded the MUI's "good intentions" in its plan to dispatch moderate Muslim preachers.

SETARA, however, expressed doubts about whether the MUI had a larger plan to foster religious pluralism in the country.

"Based on our data (on cases of intolerance), we can conclude that the MUI is apparently part of the problem now that this country is still dealing with intolerance," SETARA chairman Hendardi told the Post on Thursday.

Hendardi said that the MUI's regional branches were mostly responsible for harming religious tolerance in the country. "[The local MUI offices] is where people usually use MUI edicts to justify intolerant actions against minority groups," Hendardi added.

Source: http://www.thejakartapost.com/news/2015/11/13/mui-deploy-cleric-promote-moderate-islam.html

House of worship burned down in Rembang

Jakarta Post - November 12, 2015

Semarang – A house of worship of traditional Javanese belief-system, Sapta Darma, standing in Blando hamlet, Plawangan village, Rembang regency, Central Java, was burned down on Tuesday by a Muslim group.

"The regency administration will facilitate the creation of a new building. It will later find a plot," Rembang Sapta Darma Association (Persada) chairman Sutrisno said on Wednesday.

Sutrisno said the relocation was only planned for the burned house of worship, not the Sapta Darma followers in the hamlet.

"So far, the followers live in peace and harmony with other residents. It's only the house of worship that will be relocated," he said as quoted by kompas.com, adding that there were 100 Sapta Darma followers in the district and around 250 in the regency.

So far there has been no investigation into the arson that cost Sapta Darma Rp 100 million (US$7,142) in losses.

Source: http://www.thejakartapost.com/news/2015/11/12/islands-focus-house-worship-burned-down-rembang.html

Government to lift hurdle for house of worship permits

Jakarta Post - November 12, 2015

Haeril Halim, Jakarta – Home Minister Tjahjo Kumulo said on Wednesday that his office would propose to revise a joint ministerial decree regulating the establishment of houses of worship, a regulation condemned by activists as the trigger of recent religious violence across the country.

The 2006 joint decree between the Home Ministry and the Religious Affairs Ministry states that establishing a house of worship requires at least 90 signatures from congregation members and 60 from people living in the neighborhood of the planned house of worship.

"We are considering raising the [two] points in the upcoming Cabinet meeting," Tjahjo told The Jakarta Post on Wednesday.

As the two requirements have often made it hard for religious minority groups, especially those who are ostracized in their neighborhood, to build their house of worship, Tjahjo's office has considered lowering the requirement numbers or even completely revoking the two requirements, leaving a building permit as the only requirement for construction of houses of worship.

Closures and burning of mosques and churches in the country are believed to have taken place due to the fact that religious minority groups failed to meet the two requirements, leading them to resort to clandestine methods to meet the requirements, including forging signatures.

As the handling of such conflicts is subject to the authority of several state institutions, Tjahjo said that the Home Ministry had established close communication with the Religious Affairs Ministry, Law and Human Rights Ministry, Attorney General's Office (AGO) as well as the Office of the Coordinating Political, Legal and Security Affairs Minister to craft a revision of the decree.

"[The communication] is to form a shared understanding of the plan. After that we will report the result to the Cabinet meeting," Tjahjo added.

The Indonesian Ulema Council (MUI) on Wednesday lambasted those who wanted scrap the joint decree, saying the regulation instead should be further enshrined in law by the House of Representatives in order to give a legal basis to punish violators the requirements.

"We call on House lawmakers to enshrine the regulation in law," MUI chairman Ma'ruf Amin said on Wednesday.

Meanwhile, Religious Affairs Minister Lukman Hakim Saifuddin reportedly said that the Ministry would keep the joint decree as the legitimate guidelines of the establishment of houses of worship until a new one was formed, warning of the serious consequences that could emerge if the regulation was withdrawn before a replacement was created.

Religious violence recently claimed one life in Aceh Singkil, Aceh province, in October after a Muslim mob was involved in a deadly clash with church congregation members who defended their house of worship from being torn down by the angry mob who claimed that the church violated the decree.

In a similar incident in July, a small mosque was razed after locals in predominantly Christian Tolikara regency, Papua, rejected the existence of a mosque and prohibited Muslims from performing Idul Fitri festival in Tolikara. The clash also left one person dead.

Human rights watchdog Setara Institute, which campaigns for religious pluralism, lashed out at Ma'ruf for appealing for the regulation to become law, saying that it agreed with Tjahjo's plan to revise the decree in order to relieve the burden on religious minority groups who wish to build places of worship.

"The establishment of house of worship is integral part of citizens' rights to freedom of religion [...] It is also closely related to people's right of freedom of expression and of assembly, which are granted by Constitution," Setara Institute's deputy chairperson Bonar Tigor Naipospos told the Post on Wednesday. "The MUI's plan will discriminate against religious minority groups," he added.

Source: http://www.thejakartapost.com/news/2015/11/12/govt-lift-hurdle-house-worship-permits.html

Bogor mayor criticized for relocating Yasmin Church

Jakarta Post - November 11, 2015

Erika Anindita, Jakarta – Bogor mayor Bima Arya has been criticized for trying to relocate a planned Indonesian Christian Church (GKI) Yasmin in an attempt to end a long dispute between the GKI congregation and local residents opposing the church's construction.

Indonesian Communion of Churches executive secretary for justice and peace Henrek Lokra said that Bima's wish to move the church from its planned site near Taman Yasmin housing complex would spark internal relations problems within the church.

"This is improper of Bima Arya, as mayor of Bogor. As a leader, his policy should not cause damage to the Yasmin Church's internal relations," Henrek told a press conference in Jakarta on Wednesday.

According to Henrek, to end the dispute that has gone on for years, the central government, through the Home Affairs Ministry, needs to take over the case.

Yasmin Church spokesman Bona Sigalingging said that the church management was informed by Bogor administration in late October that the church would be relocated to Jl. Dr Sumeru or one of two other alternative sites in Bubulak and Kayu Manis.

Bona said that the church rejected the plan because it was very similar to a 2011 proposal from the Bogor administration that they had already rejected.

The Bogor administration sealed the building in April 2010. In December of that year, the Supreme Court delivered a verdict restoring the church's construction permit (IMB). Bogor mayor Diani Budiarto, however, defied the ruling, revoking the IMB once more in March 2011.

"The [central] government should not reject the Supreme Court's ruling," Bona said, adding that his church congregation would continue to pray outside the State Palace, as they have been doing for years. "We will do it until we can pray in our own church," he said.

Meanwhile, Bonar Tigor Naipospos of the Setara Institute said that one idea was to construct Bhineka (diversity) Building, which the Yasmin Church could use a floor of.

"The Bhineka Building is a win-win solution, because it would have several public spaces that could be useful for Bogor residents," Bonar Tigor Naipospos from Setara said.

The Bogor administration, under Bima Arya, has not responded to his idea. (bbn)

Source: http://www.thejakartapost.com/news/2015/11/11/bogor-mayor-criticized-relocating-yasmin-church.html

Central Java indigenous religion targeted in attack

Jakarta Globe - November 11, 2015

Jakarta – An under-construction place of worship for an religion indigenous to Central Java was attacked and set alight on Tuesday by a group of protesters, adding to a growing list of such incidents in the Muslim-majority country in recent years.

National Police spokesman Sr. Comr. Suharsono confirmed that a property belonging to worshipers of the Sapta Dharma faith in the village of Plawangan, Rembang district, was attacked at around noon.

"The perpetrators were locals from the area," the officer said on Wednesday. "The building was originally a private residence."

Police, he said, were mediating talks between the congregation and local government officials. There were no reports of people being injured in the incident.

Rembang Sapta Dharma chairman Sutrisno told Tempo.co that the congregation was building a temple at the property, which was rejected by several locals who began an intimidation campaign to stop construction.

"I am being pressured by a group of people calling themselves the Plawangan Village Islamic People's Forum," Sutrisno said.

The group, Sutrisno continued, has also been pressuring local authorities to intervene. "The district head [Suko Mardiono] even told us to temporarily stop construction," he said.

The incident adds a long list of religious violence affecting the country. Earlier this year an Islamic mass prayer in Tolikara district, Papua, was attacked while a church in Singkil, Aceh, was burned down recently.

Source: http://jakartaglobe.beritasatu.com/news/c-java-indigenous-religion-targeted-attack/

Government may simplify permits for new houses of worship

Jakarta Post - November 11, 2015

National – Home Affairs Minister Tjahjo Kumolo has said that he will consider revising a controversial joint agreement letter (SKB) between himself and the Religious Affairs Minister on construction permits for houses of worship.

Tjahjo is particularly concerned about the requirement that prospective builders enlist the support of 90 people living near their proposed site because it is often prevents adherents of minority religions from constructing new houses of worship.

"That requirement should be revised. Personally, I believe that the number of supporters needed should be reduced or there should be no need for any approval," Tjahjo said in Jakarta on Wednesday as reported by kompas.com.

He said that he would discuss a revision with Religious Affairs Minister Lukman Hakim Syaifudin and Coordinating Political, Legal and Security Affairs Minister Luhut Binsar Panjaitan before taking the issue to a Cabinet meeting.

He said that the government had an obligation to facilitate the faiths of all citizens and the existing regulation had frequently sparked social conflict.

According to the Indonesian Democratic Party of Struggle politician, the key consideration for the government regarding permits for houses of worship was simply possession of the necessary building construction permit (IMB). (bbn)

Source: http://www.thejakartapost.com/news/2015/11/11/govt-may-simplify-permits-new-houses-worship.html

Bogor mayor visits Florence 'to maintain diversity'

Jakarta Post - November 10, 2015

Corry Elyda, Jakarta – Bogor Mayor Bima Arya said he participated in the Global Mayor's Conference, themed Unity in Diversity, in Florence, Italy, over the weekend, to learn about maintaining diversity, not to receive any award.

News had been circulating on social media that Bima received an award for diversity and netizens were quick to contrast the news with Bima's recent decision to ban public events relating to the expression of Shia Islam in the city of Bogor. Bima dispersed Shiites from celebrating Asyura last month.

Many said that he did not deserve to attend the conference because Bogor still had a good deal of work to do regarding religious freedom.

The mayor said the event, promoting peace and diversity, was attended by 100 mayors from around the world.

"I was invited by the committee of the event through networking. I decided to come because it was a good opportunity for me to learn from the experiences of other cities and to initiate cooperation in various sectors," he said.

Bima said that during the four-day conference, the mayors discussed the issue of diversity and how to maintain it. "I told them about the history of Bogor as a city that has always been able to maintain a diverse culture and people," he said.

He said there were no religious riots in Bogor and all religious symbols like churches and mosques existed peacefully side by side.

Bima admitted, however, that the city still had "challenges" to maintain its diversity. "Maintaining diversity is not an easy job. I always open dialogue with any party that has a problem," he said.

Besides the recent ban on Shia-related celebrations, Bima has also received criticism for the protracted dispute surrounding the Indonesian Christian Church (GKI) Yasmin.

Human rights proponents have argued that Bima has failed to resolve the issue despite his promise to do so during his campaign.

The GKI Yasmin dispute started when then Bogor Mayor Diani Budiarto issued a decree freezing the permit to build the church in the Curug Mekar subdistrict in 2008 after several hardline Islamic groups protested against it.

In 2010 the Supreme Court ordered the Bogor administration to revoke the decree. However, days later, Diani disobeyed the court and revoked the permit altogether. The public had high hopes that when Bima, a National Mandate Party (PAN) politician, was elected as the new mayor of Bogor in 2011, the issue would be solved.

His background justified the hopes of many. He studied at Monash University in Melbourne and Australian National University in Canberra and worked as a lecturer for Paramadina University, which was founded by the late Nurcholish Madjid, a respected Muslim figure who promoted pluralism.

Bima has said that he is still trying to solve the issue. "We are focusing on finding a solution to the issue. I do not want to abandon the parishioners. I want them to get a proper place to pray," he said.

He said, however, that he could not detail the development of the case. "I plan to find a solution before this year's Christmas," he said.

Regarding the Asyura case, Bima said that he had shut down the Asyura public celebrations out of security and safety concerns. "This was a hard decision to make but I must protect my residents," he said.

He added that it was issued in an emergency situation after he received information from police officers that there was a threat surrounding the proposed celebrations.

Bima said he would let the public judge and give their opinion of him. He hoped, however, that they would see the problem from a broader perspective. "I am open to any discussion," he said.

Source: http://www.thejakartapost.com/news/2015/11/10/bogor-mayor-visits-florence-maintain-diversity.html

Land & agrarian conflicts

Jokowi reminded of promise to indigenous communities

Jakarta Post - November 12, 2015

Marguerite Afra Sapiie, Jakarta – The Alliance of Indigenous People (AMAN) has reminded President Joko "Jokowi" Widodo of the importance of his promise to establish a Presidential task force to protect the rights of indigenous communities.

AMAN secretary-general Abdon Nababan said on Wednesday that Jokowi had promised to establish the task force in August, but after three months, AMAN was yet to see any action taken by the President.

"I've asked the President but he said he was preoccupied with the haze. Now that the rain has slowed the forest fires, he should fulfill his promise," Abdon told thejakartapost.com after a press conference.

AMAN represents a network of around 2,253 indigenous groups across Indonesia who mostly live in or around forests.

Abdon said the task force would be of great importance as indigenous people throughout the country were now in need of concrete actions from the government to strengthen their legal protections, particularly their rights to customary lands.

Abdon said the taskforce would be in line with Nawa Cita, the Jokowi administration's nine development goals, but he understood that the President faced many obstacles in achieving the goals.

Indonesian forests, Abdon said, had become political tools both for government and corporations – a phenomena that had been ongoing since the late 1960s when production forest concessions were made to support corporations.

The situation was worsened by the Basic Forestry Law No. 5/1967, which considered all forests in Indonesia as state forests. The law revoked the Basic Agrarian Law No. 5/1960 that recognized indigenous people's rights to their land.

Recently, in 2013, the Constitutional Court ruled that the legal definition of customary land should be amended from "state forest in the traditional community's area" to "forest in the customary community's area".

Forests, Abdon notes, are relatively easy to exploit, and much easier than gold, copper or oil that need costly and complicated exploration and extraction.

"Governments, after the reform era, have made attempts to restore the rights of indigenous people. However, problems that involve numerous corporations in traditional areas have piled up and hampered the process," Abdon said.

Source: http://www.thejakartapost.com/news/2015/11/11/jokowi-reminded-promise-indigenous-communities.html

Governance & administration

Projects to be axed amid government financial woes

Jakarta Post - November 10, 2015

Jakarta – The government will cut certain projects from the revised 2015 budget (APBN-P) as a result of slow disbursement, Vice President Jusuf Kalla has announced.

The government is facing a worrying financial situation, having disbursed only 62.9 percent of the 2015 APBN-P, and with tax revenue realization standing at 58.6 percent of the yearly target as of Oct. 31. The budget deficit is Rp 259.2 trillion, 16.5 percent higher than the Rp 222.5 trillion set in the budget.

"We will have to cut [some projects]. Let's see what happens," Kalla told journalists as quoted by news portal kompas.com on Monday.

Decline in state income, he said, would necessarily have an impact on state spending, with the government forced to slash a number of projects to prevent the deficit from widening further.

The government was looking for solutions to handle the deficit, he explained, refusing to be drawn on suggestions the government could choose to increase its debt to keep a lid on the deficit.

Meanwhile, Finance Minister Bambang Brodjonegoro remained optimistic that the budget deficit could be kept under control, below the threshold of 2.5 percent of gross domestic product (GDP).

According to Bambang, many avenues remain open to boosting government spending and tax realization; potential sums include Rp 30 trillion from adjustments to policy, Rp 10 trillion from minimum asset revaluation, Rp 5 trillion from tax collection and Rp 5 trillion from tax extensification, or earning tax money from a wider range of sources.

He added that the government was also preparing multilateral debt in order to cover the year-end budget deficit. (rin)

Source: http://www.thejakartapost.com/news/2015/11/10/projects-be-axed-amid-govt-financial-woes.html

Parliament & legislation

House speaker Setya plays fast and loose with Jaguar-Lexus switcheroo

Jakarta Globe - November 10, 2015

Jakarta – House Speaker Setya Novanto has once again found himself mired in controversy, this time over his use of his personal luxury sedan for official purposes.

Reporters at the House of Representatives first noticed the Jaguar XJR parked at the House speaker's designated spot outside the legislative assembly building in Jakarta on Monday.

The car bore the license plate "Indonesia 6," which is assigned to the car provided to the speaker of the House. However, that particular vehicle is meant to be a Lexus, not a Jaguar.

Asked by reporters to explain the discrepancy, Setya claimed the Lexus was in the garage for repairs following a fender-bender, and that the Jaguar was his own car.

He also claimed he was entitled to removing the "Indonesia 6" plate from the government-issued Lexus and using it on the privately registered Jaguar – a claim that at least one other legislator has found fault with.

"The police could stop him if they spotted him on the road," Junimart Girsang, a deputy chairman of the House Ethics Council, said on Monday as quoted by Merdeka.com. "There's no reason [for switching plates]. The 'Indonesia 6' plate should stay on the designated vehicle."

Switching plates is indeed an offense under the traffic law, but Setya claimed he was within his rights to do so because he was using the Jaguar while in his official capacity as the House speaker.

He also claimed he bought the car five years earlier. The XJR variant of Jaguar's XJ line of sedans, however, first appeared in 2013. Many owners of luxury cars in Indonesia are known to give a false, older date for their vehicle model in order to evade paying the high taxes imposed on imported autos. It is not clear if this is the case with Setya's Jaguar, which, judging by the stated model, is no older than two years.

Setya has run afoul of the House Ethics Council once already this year, over his appearance at a campaign rally for US presidential hopeful Donald Trump in New York in September. The council duly admonished him for what it deemed an impropriety.

Source: http://jakartaglobe.beritasatu.com/politics/house-speaker-setya-plays-fast-loose-jaguar-lexus-switcheroo/

Jakarta & urban life

Ahok backs down, revises regulation on public protests

Jakarta Post - November 14, 2015

Indra Budiari, Jakarta – After being heavily criticized for issuing a regulation that restricted public protest, Jakarta Governor Basuki "Ahok" Tjahaja Purnama has revised the controversial Gubernatorial Regulation No. 228/2015 by issuing Gubernatorial Regulation No. 232/2015 on controlling the implementation of freedom of expression in public.

"We are aware that we made mistakes with the previous regulation, so we have revised it. In the revision we allow people to stage protests in other places but please do not cause any congestion," Ahok told reporters at the City Hall on Friday.

Article 4 of the previous regulation stipulated that protesters were allowed to stage rallies at only three venues: Parkir Timur Senayan at the Bung Karno Sports Complex in Senayan, Alun Alun Demokrasi (Democracy Plaza) located at the House of Representatives complex and Silang Selatan (Southern Cross) at the National Monument (Monas) park.

Article 4 of the new regulation that was signed on Nov. 9, says that those three places are provided by the city administration for demonstrations.

Regulation 228 specifically stipulated in Article 9 that protests staged outside of the three designated areas were prohibited, the new regulation, however, only stipulates in Article 8 that people who stage protests in public spaces and who damage public facilities, drop litter or do not respect human rights will be punished as regulated in the law.

The new regulation also drops any mention of a prohibition of convoys as stated in Article 11 of regulation 228.

Previously on Monday, Ahok said that while the new regulation was more lenient than the previous one, protesters must obey Law No. 9/1998 on freedom of expression, which stipulates that demonstrations cannot be held at several locations including the Presidential Palace, places of worship, military areas or hospitals.

"You still cannot stage rallies in places like schools or the Presidential Palace, there is a law for that" he continued.

Separately, Maruli Rajagukguk from the Jakarta Legal Aid Institute said he still opposed the more lax regulation. According to him, there is no urgency to issue such a regulation, as Law No. 9/1998 has comprehensive rules on regulating freedom of speech.

Despite relaxing some articles in the new regulation, Ahok did not change articles that stipulated that protests should be conducted between 6 a.m. and 6 p.m. and that the noise level of the sound system should not exceed 60 decibels, a volume similar to the noise level of conversations in a restaurant, an office or background music.

Jakarta National and Political Unity Office head Ratiyono said that even though public rallies were not restricted to the three areas, it would be better if protests could be staged in those areas.

"We should create a more organized city. If we use the provided places we will not cause any congestion. By applying that we can also educate the people to use the facilities provided by the city administration," he said Friday as quoted by kompas.com.

Also on Friday, Jakarta Police chief Insp. Gen. Tito Karnavian said that the new regulation could be complementary to Law No. 9/1998.

He further explained that although Law No. 9/1998 properly regulated public freedom of expression, it had yet to regulate specific and technical rules, like exact places in the capital where demonstrations were prohibited.

"Law No. 9/1998 cites locations where demonstrations are forbidden, like hospitals and houses of worship. The rule is applied nationally. Nonetheless, cities in the country usually have different places that are prohibited for demonstrations because of their strategic position for public access," Tito said, pointing to Semanggi intersection, Central Jakarta, as an example.

He added that restricting demonstration locations would guarantee that demonstrators would not disrupt public order, as well as interfering with other people's rights to access roads or other public facilities. (agn)

Source: http://www.thejakartapost.com/news/2015/11/14/ahok-backs-down-revises-regulation-public-protests.html

Dialogue before eviction: Komnas HAM

Jakarta Post - November 13, 2015

Corry Elyda, Jakarta – A discussion initiated by the National Commission on Human Rights (Komnas HAM) on Thursday urged the Jakarta administration use a participatory approach before evicting residents.

One of the commissioners, Siane Indriani, said that communities and organizations affected by evictions should "force" the city administration to engage in dialogue before evicting residents.

"We need to show them [the city administration] that what they do is inhumane. There must be a way to manage the city without the necessity of [forced] eviction," she said.

The Jakarta Legal Aid Institute (LBH Jakarta) lawyer Yunita said during a forum group discussion on evictions on Thursday that 50 percent of the 30 forced eviction cases recorded between January to August this year had affected 3,433 families and 433 businesses.

"Many of the victims had nowhere to go after their houses were torn down and Rusunawa. Not all the victims receive rusunawa [low-cost] apartments," she said.

Yunita highlighted the example of a recent case where more than 36 families who lived on the banks of the Sekretaris river in Kebon Jeruk, West Jakarta, had successfully negotiated with the city administration.

According to Yunita, the residents negotiated with the city spatial agency and the agency agreed to provide apartments at two nearby Rusunawa in Rawa Buaya in West Jakarta and KS. Tubun in Central Jakarta. However, the apartment complexes would only be ready in 2016.

"As the apartments are not completed, the residents are still allowed to live in their houses and the dismantled parts of their houses to ease the normalization project. However, without any notice, the excavator was already there and began to tear down the houses," she said, adding that the residents did not know where to go.

She also highlighted the case of dozens of families relocated from the Kali Gendong riverbanks in North Jakarta. The families were forced to live on the ground floor of the Muara Baru Rusunawa in North Jakarta even though the floor is designated for shopping stalls as well as social and public facilities.

Yunita regretted the methods used by the city administration to evict the residents as many evictees had not been informed about whether or not they would be relocated to another apartment.

Yunita said the biggest problem regarding eviction practices was that there were no guidelines or minimum standards.

"Another important problem is that the government does not acknowledge the right of occupants. Residents are labeled based on their legal ownership of the land," she said.

Gugun Muhammad of the Urban Poor Consortium (UPC) said that poor people in Jakarta had been labeled "illegal" so that the city administration could throw away their property rights during eviction proceedings.

"The city administration feels that it has done a good thing by relocating us to rusunawa and we are not allowed to demand anything," he said.

Separately, Jakarta Housing and Administration Building Agency head Ika Lestari Aji said that her agency always tried its best to provide Rusunawa for evictees.

She said, however, that many evictees refused to be relocated to certain Rusunawa because the location was often too far away from their previous settlement.

"However, the supply of our apartment is limited. Not all evictees can get to the nearest location," she said.

Ika said her agency still had more than 100 apartments spread around the city. "As many as 2,443 apartments are now being built," she said, adding that her agency targeted to build another 25,000 next year.

Source: http://www.thejakartapost.com/news/2015/11/13/dialogue-eviction-komnas-ham.html

Organizations rally at City Hall against public protest restrictions

Jakarta Post - November 10, 2015

Dewanti A. Wardhani, Jakarta – Dozens of people voiced their protests in a demonstration on Monday against Gubernatorial Regulation No. 228/2015 on controlling the implementation of freedom of expression in public.

The protest, held in front of Governor Basuki "Ahok" Tjahaja Purnama's office at City Hall, was organized by residents who belonged to the Unity of Jakarta Residents (PRJ).

The group included members of various organizations, such as the Jakarta Legal Aid Institute (LBH), the Commission for Missing Persons and Victims of Violence (Kontras) and the Congress Alliance of Indonesian Labor Unions (KASBI), among many others. "Ahok is limiting free speech! Ahok is limiting democracy!" the protesters chanted.

Article 4 of the regulation, which was signed late last month, stipulates that protesters will be allowed to stage protests at only three venues: Parkir Timur Senayan at the Bung Karno Sports Complex in Senayan, Alun Alun Demokrasi located at the House of Representatives complex and Silang Selatan, located at the National Monument (Monas) park. All three areas are located in Central Jakarta.

Workers, students and residents usually stage their protests in front of government offices, such as those at City Hall and the State Palace, and rarely in the allowed places listed in the regulation. One of the public's favorite areas, the Hotel Indonesia traffic circle, is also not on the list.

Articles 5 and 6 of the regulation also state that protests should be conducted between 6 a.m. and 6 p.m. and that the noise level of the sound systems should not exceed 60 decibels, similar to the noise level of a conversation at a restaurant, an office, background music, or an air conditioning unit at 30 meters.

One protester, Wahidin, said the regulation "castrated" democracy. "Ahok must remember that he can be governor today thanks to democracy. He cannot limit freedom of speech," the worker told reporters on the sidelines of the protest.

Furthermore, LBH Jakarta lawyer Oky Wiratama said the institute would ask the city to revoke the regulation, as it overlapped with Law No. 9/1998 on freedom of speech.

"We will try to get the regulation revoked. Law No. 9/1998 already clearly regulates freedom of expression. Further restrictions are unnecessary. Besides, who will listen if people protest at Monas or Parkir Timur Senayan?" Oky asked.

Separately, Governor Ahok said that he was content with the regulation and would not revoke it. He said that the regulation did not limit freedom of speech, but rather "regulated its delivery".

"I am not limiting freedom of speech. I am regulating it based on existing laws. Protests may not be held at vital installations according to Law No. 9/1998," Ahok told reporters at City Hall on Monday.

According the Article 9, paragraph 2 of the law, protests may be held at public spaces except at state palace areas, places of worship, military headquarters, hospitals, air or seaports, train stations, bus terminals, or vital national assets. Vital national assets are buildings or businesses that are related to the livelihood of many people, the interest of the state, or to state revenue. Protests may also not be conducted during national holidays.

Ahok maintained said that regulating the volume of sound systems was necessary as many residents would be bothered by the noise, especially during working days. "Many people are disturbed by the sound," he insisted.

However, he acknowledged that he had made mistakes when drafting the regulation and he would make minor revisions. "We will revise the regulations. Residents may carry out protests other than at the three allowed locations as long as it is not a vital installation like the State Palace," he said.

Source: http://www.thejakartapost.com/news/2015/11/10/organizations-rally-city-hall-against-public-protest-restrictions.html

Armed forces & defense

State defense program inserted into national curriculum

Jakarta Post - November 14, 2015

Fedina S. Sundaryani, Jakarta – The Defense Ministry has unveiled a plan to incorporate its state defense program, popularly known as Bela Negara, into school curricula starting next year.

Defense Minister Ryamizard Ryacudu said on Friday that the ministry had worked closely with the Culture and Education Ministry and the Religious Affairs Ministry to create a program that would not only instill nationalist values but also teach students about the state's defense system and law enforcement.

"We will implement this subject as a stand-alone subject called Bela Negara. [The way the students are taught] will differ according to their age. For example, elementary school students will be taught to sing [the national anthem] and learn to identify [historical] figures," Ryamizard told reporters at the Defense Ministry in Central Jakarta.

Last month, the ministry launched its voluntary Bela Negara program, in which applicants undertake 30 days of training at a state defense boot camp to eventually prepare citizens to deal with threats and play a role in state defense programs.

In its implementation into the national curriculum, Ryamizard insisted that the subject would differ from the voluntary program, focusing more on discussion of national ideology, or Pancasila, than on physical training and defense.

According to the ministry's head of training and education, Maj. Gen. Hartind Asrin, students will be given Bela Negara lessons covering three main topics.

"There are three main subjects. First, basic study: We will teach [students] to understand nationhood and the national defense system and also how to develop leadership skills. Second, we will teach them basic intelligence skills. Each person following the program will learn to maximize information gathering. The third subject will be on the local environment, based on the situation at hand," he said.

Hartind added that students in kindergarten, fifth grade, 8th grade and 11th grade, who generally have more free time as they are not at the stage of preparing for graduation exams, would be given Bela Negara lessons. While kindergarten students would sit one Bela Negara class a month, children in the higher grades would be given instruction in the subject for just one spell of five consecutive days in the academic year, he explained.

"It's only five days, but we've run tests and found that's sufficient to give students what they need," he said, adding that university students would be given Bela Negara classes as part of their orientation programs.

The new program, Hartind went on, would be kicked off simultaneously in all 207,895 schools nationwide next year, with preparations for the introduction of the program 90 percent complete.

Meanwhile, Culture and Education Ministry special adviser Taufik Hanafi said he believed that the program would benefit both children and the state in the long run, as global ideology increasingly required a multicultural perspective, something that would be taught through the subject.

"The values of Bela Negara, including discipline and tolerance, are values that are increasingly universal. As such, [the program] will boost our nation's standing in the eyes of the international community," he said.

Taufik added that it was essential for students to be given continual and consistent Bela Negara lessons, to allow the lessons to become a habitual part of school routine.

Source: http://www.thejakartapost.com/news/2015/11/14/state-defense-program-inserted-national-curriculum.html

State defense program to include intelligence curriculum

Jakarta Post - November 13, 2015

Jakarta – The Defense Ministry is drafting a new curriculum for the state defense program and has included intelligence technique as a main focus.

"Every participant is expected to learn about the collecting and reporting of information and study techniques for drafting reports as part of the common methods in intelligence program," explained the Defense Ministry's head of training and education division, Maj. Gen. Hartin Asrin, on Friday, as quoted by kompas.com.

According to Asrin, the government has been educating program participants on basic intelligence technique all along, but only indirectly.

"We plan to begin the formal program, teaching the participants how to process information, particularly with regard to 5W 1H [what, where, when, who, why and how]," added Asrin.

The state defense curriculum will also include constitutional subjects such as nationality insights, security system and leadership. The latter, in particular, is designed to be adapted to the status level of the participant enrolled in the program.

A final focus within the basics training program was to be developed around localized content, adapted according to areas of education. (afr)

Source: http://www.thejakartapost.com/news/2015/11/13/state-defense-program-include-intelligence-curriculum.html

Indonesia won't slide back into military rule, security minister says

New York Times - November 11, 2015

Joe Cochranenov, Jakarta, Indonesia – Indonesia will not allow the country's armed forces to make a political comeback and undermine civilian rule, the country's security minister said on Wednesday, amid growing fears that Indonesia's nascent democracy was backsliding toward its authoritarian past.

The assertion by Luhut B. Pandjaitan, the coordinating minister for political, legal and security affairs, came as Human Rights Watch released a report on Wednesday saying that elements of the military, national police and government continued to undermine orders from Indonesia's president, Joko Widodo, by restricting access to the restive eastern region of Papua to foreign journalists.

Despite his pledges of continued civilian supremacy as part of the country's democratic transition, which began in 1999, Mr. Joko's security forces, particularly the army and the national police, have been actively expanding their power bases, according to analysts, and unilaterally carrying out operations and crackdowns that Indonesian legal and human rights activists have derided as violating the law.

Mr. Luhut, a retired four-star general, said at a luncheon with foreign journalists that the armed forces had been stripped of dual political and security powers more than a decade ago and that there would be no going back.

"We have no plan to do so," Mr. Luhut said. "We said: 'You cannot play this role anymore. You have to only do military operations.'" He added, "I don't see any military involvement in civilian activities."

Others are not so sure. Mr. Joko, who took office in October 2014, is the first Indonesian president not to have come from his country's political elite or to have been an army general. Analysts say that is part of the problem.

A recent report by the Institute for Policy Analysis of Conflict, based in the Indonesian capital, Jakarta, said that both the armed forces and the national police "seem to be testing the political waters to see how far they can push their authority in the face of a weak president with little experience in security affairs," especially the military.

Last month, military and police personnel on the resort island of Bali demanded that the organizers of a popular regional literary festival cancel scheduled programs, book unveilings and a documentary screening related to the killings of an estimated 500,000 or more people during state-sponsored purges of suspected Communists and their sympathizers in 1965-66.

The purges were overseen by General Suharto, who went on to become Indonesia's president and to preside over an authoritarian, military-backed government for 32 years.

In the years after Mr. Suharto's forced resignation in 1998, the country's democratically elected Parliament began stripping the military of its vast powers, including eliminating its reserved legislative seats, and compelling it to sell off its business interests and to focus solely on national defense and external threats.

Yet before and since Mr. Joko took office last year, the military has managed to become increasingly involved in civilian affairs and internal security issues, including demanding a role in police counterterrorism operations against Muslim terrorist groups operating in Indonesia, taking part in government development projects in rural parts of the country and increasing its military command.

During Mr. Suharto's rule, the armed forces, known as the T.N.I., adopted a territorial command structure in which soldiers were based in every region, all the way down to the village level, usurping the powers of local governments.

Recent public statements by senior Indonesian security officials have also caused unease.

In March, Gen. Gatot Nurmantyo, the army chief of staff at the time, told a group of students that the country was facing a "proxy war" in which certain groups in the country could be used to attack the state – which analysts interpreted as meaning that the military might need to regain its internal security role.

General Gatot is now commander in chief of Indonesia's armed forces.

In August, the defense minister, Ryamizard Ryacudu, a retired army general, announced plans to enlist and train 100 million civilian military reservists who could be deployed to defend the country – another reference to internal security threats that needed to be addressed by the armed forces, according to analysts.

"The T.N.I. is trying to play a bigger role" that was greatly diminished after Mr. Suharto's resignation in 1998, said Sidney Jones, the director of the Institute for Policy Analysis of Conflict.

In recent months, senior military and police officials have publicly questioned and in some cases ignored Mr. Joko's instructions regarding security. In May, he announced the lifting of decades-old restrictions on foreign journalists wanting to report in Papua and West Papua Provinces, which make up the country's poorest region despite having among Indonesia's richest mineral resources.

Indonesian security forces have continually cracked down on a small-scale separatist movement in the Papua region for decades, on civilian groups calling for a referendum on independence, and on general public dissent against Jakarta. In December 2014, security forces shot dead five people protesting the beating of a young boy by soldiers.

In its report released on Wednesday, Human Rights Watch stated that elements of the Indonesian government and security apparatus continued to hinder access to the Papua region by foreign journalists despite Mr. Joko's instructions.

The organization said that the national police had continued to require foreign journalists to obtain a permission letter from its security and intelligence agency, under the guise of following a law related to the monitoring of foreigners traveling in Indonesia.

Foreign journalists are also required to send a notification letter to the Indonesian Ministry of Foreign Affairs stating the purpose of their visit to Papua, the dates of travel and the locations they would visit, according to Human Rights Watch.

"There are elements of the government and T.N.I. that are hostile to foreign access to Papua," said Phelim Kine, deputy director of Human Rights Watch's Asia division, during a news briefing.

Mr. Luhut, the security minister, said he would take action if he were given evidence that government or security officials were obstructing foreign journalists from going to the Papua region. "Come back to me, and if it's necessary, we will fire them," he said.

The Expanding Role of the Indonesian Military - Institute for Policy Analysis of Conflict (IPAC). May 25, 2015: h ttp://www.understandingconflict.org/en/conflict/read/41/The-Expanding-Role-of-the-Indonesian-Military

Source: http://www.nytimes.com/2015/11/12/world/asia/indonesia-wont-slide-back-into-military-rule-security-minister-says.html

Judicial & legal system

Supreme Court rushes judge selection

Jakarta Post - November 13, 2015

Haeril Halim, Jakarta – As corruption cases pile up at the Jakarta Corruption Court, the Supreme Court has started a quick-selection process to recruit new ad hoc judges, raising concerns about the quality of the chosen candidates.

Indonesia Corruption Watch (ICW) said on Thursday that its monitoring team had found that none of the 58 candidates met the integrity, competency and independence criteria set by the NGO.

The Supreme Court, which on Thursday interviewed the 58 candidates in Bogor, West Java, is slated to announce the selected ad hoc judges on Friday.

The selection process was launched by the Supreme Court to meet the Jakarta Corruption Court's urgent need for ad hoc judges to assess the increasing number of cases investigated by the Corruption Eradication Commission (KPK) and the Attorney General's Office (AGO). The KPK alone is currently processing 40 cases, including some that have entered the trial stage.

ICW also found that seven of the 58 hopefuls had links to political parties, a situation that could compromise their tasks in the future.

ICW researcher Aradila Ceasar said the antigraft NGO would not reveal the names of the seven judges, but its monitoring team had submitted its findings to the Supreme Court for a follow-up, so that they would not be chosen by the selection panel at the court.

"We urge the panel not to select candidates who do not meet the necessary criteria set by the Supreme Court. If the team finds that none of the candidates meet the criteria, then it is better to open another selection process to look for better candidates," Aradila told The Jakarta Post on Thursday.

Aradila further said that going ahead selecting candidates who did not have a good track record would compromise the country's anticorruption fight by the KPK and the AGO.

"Keep in mind that if corruption cases are examined by ad hoc judges who lack independence and have poor track records, they will produces questionable rulings in the future that could weaken the graft fight," Aradila added.

An ad hoc judge by definition is a judge who has special knowledge on a specific field, and as a special court the Jakarta Corruption Court needs to have ad hoc judges to collaborate with career judges at the court to examine corruption cases that involve fields such as banking, energy and others.

The shortage of ad hoc judges has forced the Jakarta Corruption Court to reschedule and postpone a number of hearings. Some recent hearings even had to be supervised by three judges, rather than the usual five, after some of its ad hoc judges had resigned from their posts.

Jakarta Corruption Court spokesman Sutio Jumagi said three of the current eight ad hoc judges at the court had resigned and retired from their posts, adding that the court had earlier received three new ad hoc judges from the Supreme Court, but they were not ready for deployment yet, as they still had to undergo a number of training courses. "Two are from Surabaya and one is from Banten," Sutio said.

In addition to the shortage, ad hoc judge Alexander Marwata, who is notorious for controversial arguments to defend graft suspects in final rulings, is currently being nominated as a candidate for the KPK commissioner job.

If the House of Representatives accepts him for the job in December, the shortage of ad hoc judges at the Jakarta Corruption Court will only get worse.

It remains unclear how many ad hoc judge candidates will pass the selection process at the Supreme Court. The Supreme Court also did not disclose how many judges it plans to pick from the process.

Supreme Court spokesman Suhadi said the selection process in Bogor was open for the public to ensure that the process could be supervised directly by members of the public, including NGOs.

"The selection team will announce the results. The selected candidates will be determined based on psychological tests and interviews," Suhadi said, as quoted by kompas.com on Thursday.

Source: http://www.thejakartapost.com/news/2015/11/13/supreme-court-rushes-judge-selection.html

Criminal justice & prison system

Go easy on drug users to slow prison overcrowding, justice minister says

Jakarta Globe - November 10, 2015

Jakarta – Indonesia's justice minister has bemoaned the level of overcrowding in the country's penitentiaries, saying more needs to be done to rehabilitate rather than incarcerate drug users, who make up a large portion of the prison population.

"Prisons are supposed to serve a role as a place for redemption," Minister Yasonna Laoly said at a conference in Bogor on Monday night. "What we would like is for [convicted drug users] to have their sentences commuted, while drug dealers and traffickers get heavier sentences."

He noted that the country's 477 prisons, all managed by the Justice Ministry, were severely overcrowded, built to hold 119,500 people but now home to more than 173,000 – leaving them nearly 45 percent over capacity.

Yasonna said casual drug users and addicts accounted for some 18,400 inmates, but that ideally they should be in rehabilitation centers rather than in prison.

"The most humane solution would be to, at one end, work with the police and the BNN" – National Narcotics Agency – "to crack down on drug trafficking, and, at the other end, to help rehabilitate the users currently in prison," he said.

Indonesia's notoriously harsh drug laws were amended a few years ago to allow addicts or those caught with small amounts of narcotics for personal consumption to opt for mandatory rehabilitation to avoid criminal charges.

However, that provision remains little-known among the general population, while police, prosecutors and judges tend to favor prosecuting all drug offenders, regardless of the amount of narcotics they are caught with or whether they express a willingness to undergo rehabilitation.

I Wayan Kusmintha, the Justice Ministry's director general of corrections, who oversees the prison system, identified three factors for the high number of casual drug users behind bars.

First, he said, was the high rate of prosecutions, despite the more lenient provisions in the durg law. "Our justice system tends to be rigid, such that even the most trivial of cases end up in court," he said.

Second, he went on, was the shortage of juvenile detention centers. Of the nearly 500 penitentiaries nationwide, only 13 are designated for minors, meaning that juvenile offenders in regions without one of these special prisons wind up in regular jails among more hardened adult inmates, where they are at risk of picking up a more serious drug habit, among other things, Kusmintha said.

The third factor he identified as the shortage of rehabilitation centers for drug users.

The Justice Ministry's more conciliatory approach to handling drug offenders comes in stark contrast to that of the new BNN chief, Budi Waseso, who has called for an end to government funding for rehabilitation centers, and repeatedly branded drug users – whether they reform or not – as "less than human."

Source: http://jakartaglobe.beritasatu.com/news/go-easy-drug-users-slow-prison-overcrowding-justice-minister-says/

Government proceeds with castration policy

Jakarta Post - November 9, 2015

Jakarta – Social Affairs Minister Khofifah Indar Parawansa is working on a draft bill on the practice of chemical castration as a punishment for convicted pedophiles despite issues raised by human rights groups.

According to the minister, the drafting process involves the Indonesia Child Protection Commission (KPAI), the Women's Empowerment and Child Protection Ministry and the Health Ministry.

"The regulation will be in the form of a government regulation in lieu of a law [Perppu]. The Law and Human Rights Ministry, the National Police chief as well as the Attorney General will be the coordinators of the regulation," Khofifah said on Saturday as quoted by Antara news agency.

"Judges will have a certain definition of a crime for which perpetrators deserve castration," she said.

Chemical castration does not always mean the mutilation of genitals. In the draft bill proposed, it means injecting the offenders with hormones that reduce their testosterone levels, which will reduce their sexual urges.

The plan, however, has met with objections from several parties. According to Masruchah, an activist from the National Commission on Violence Against Women (Komnas Perempuan), such a punishment may violate human rights.

Countries that have allowed chemical castration for convicted child molesters include South Korea, the UK, the US, Russia and Poland. Most of them require a recommendation from a panel of doctors and a report from a psychiatrist before any convicts may be castrated.

Source: http://www.thejakartapost.com/news/2015/11/09/national-scene-govt-proceeds-with-castration-policy.html

Foreign affairs & trade

Market forces help Turnbull to build warmer relations with Indonesia

The Guardian (Australia) - November 12, 2015

Katharine Murphy, Jakarta – Malcolm Turnbull began his day in the Indonesian capital emphasising the importance of boosting economic linkages and investment – and ended it mobbed in a Jakarta textile market with president Joko Widodo.

The Australian prime minister met his Indonesian counterpart on Thursday. It was the first bilateral meeting at leader level since the April executions of the Bali Nine duo Andrew Chan and Myuran Sukumaran.

Widodo referenced recent tensions in the relationship in his welcoming remarks at the presidential palace, noting the close geographical proximity between Australia and Indonesia created an "intensity" in the relationship, and with intensity came the potential for "friction".

Turnbull for his part did not reference any of the obvious recent tensions specifically in his remarks. "I couldn't have asked for a warmer or more gracious welcome by yourself and so many of your ministerial colleagues," the prime minister said.

Canberra's relationship with Jakarta was buffeted by a number of events during the Abbott prime ministership, including running disagreements over asylum boat turnbacks, revelations that Australia had spied on, or attempted to spy on, the president, Susilo Yudhoyono, his wife and nine members of their inner circle in 2009 and, more latterly, the execution of Chan and Sukumaran.

Observers said on Thursday the prime minister and the president did not touch on Australia's objections to the death penalty, expressed vociferously during the Bali Nine case, nor on tensions over asylum boats, during their bilateral meeting.

Turnbull's visit to Jakarta is intended to reset the relationship after the diplomatic turbulence of the Abbott period. It is also an attempt to build a personal rapport with a president who has opened his tenure in Jakarta in a tone of populist nationalism – a development that cuts Indonesia's recent political history, and potentially blunts Australia's ambition to enhance the bilateral trade relationship.

After their private meeting at the presidential palace, the two leaders visited the Pasar Tanah Abang market – the largest textile market in south-east Asia.

Surrounded by tight and aggressive security, the two leaders were quickly mobbed by locals. Turnbull was bathed in sweat as jostling locals pushed in for selfies. "It's a little bit warmer than I'm used to," Turnbull quipped during the walk, after abandoning his jacket.

An Indonesian official trailed the Australian prime minister with paper towels in an effort to deal with the outbreak of perspiration. Turnbull's security detail looked distinctly uncomfortable with the claustrophobic environment at the market, and with the jostling.

The prime minister greeted Jakarta locals by launching into his familiar Australian stump speech – the "exciting" times prompted by innovation and technical disruption – and he noted that both he and Widodo (a furniture tycoon) shared a business background.

Turnbull then took a few questions from local reporters, signalling that Australia wanted to boost the cattle trade, and would warmly welcome any proposal by Indonesia to join the trans-Pacific partnership – the US-led trade deal which is seen by seen by many analysts as a strategic counterbalance to growing Chinese economic power and influence in the Pacific rim.

But Turnbull couldn't escape domestic political controversy on the opening day of his 10-day sortie.

On his way to a ceremonial welcome at the presidential palace in Jakarta, Turnbull told reporters "trade, investment, economic growth, stronger economies in both Indonesia and Australia for the benefit of both sides is the focus of the discussions".

But the prime minister was peppered with questions about whether his deputy, Julie Bishop, was complicit in the leadership challenge he launched against Tony Abbott.

Turnbull attempted to dead bat the questions, saying Bishop had already defended herself "with the precision of a very fine lawyer and the elegance of a very distinguished diplomat". Bishop had his "110% confidence."

The Australian prime minister leaves Jakarta on Thursday night for Berlin, where he will meet the German chancellor Angela Merkel in a business- focused visit – before travelling on to the G20, Apec and East Asia summits.

Source: http://www.theguardian.com/australia-news/2015/nov/12/market-forces-help-turnbull-to-build-warmer-relations-with-indonesia

Competitiveness must improve before joining TPP

Jakarta Post - November 11, 2015

Ayomi Amindoni, Jakarta – Indonesia has to vastly improve the competitiveness of industrial sectors before it can finally be considered ready to join the Trans-Pacific Partnership (TPP), which so far consists of 12 member countries, 808.7 million people and US$27.8 trillion in GDP.

According to the coordinating economic minister's deputy for international economic and financial cooperation, Rizal Affandi Lukman, in order to improve competitiveness the government needs to remove various barriers, including logistics problems and the difficulty of acquiring land for industrial sites.

He said the government had held a meeting with all stakeholders to discuss Indonesia's preparation for joining the TPP. As an example, he added, the government would examine the textiles and textile products industry and the footwear industry to improve their competitiveness.

"By strengthening technology innovation in textiles and footwear, our products will be competitive abroad, in countries such as Vietnam," said Rizal at a discussion held by the Centre for Strategic and International Studies (CSIS) in Jakarta on Wednesday.

He expressed optimism that all problems could be resolved before Indonesia joined the trade pact in the next two years. However, he admitted it would take time to issue all the regulations needed to meet the standards set in the trade pact. "It is because we need the House of Representatives to set up the regulations," he added.

For example, the TPP's investor-state dispute settlement (ISDS) allows investors to sue the government in international arbitration, while Indonesia's investment laws require consent from disputing parties before a matter is taken to international arbitration.

"This is what we should strive for," Rizal said, adding that the government was still itemizing regulations that needed stripping back in order to meet the TPP's standards.

President Joko "Jokowi" Widodo's stated intention of joining the TPP during his White House visit last month has sparked debate about the pros and cons of the deal and the highly secretive nature of the negotiations.

Earlier, the Indonesian Textile Association (API) and the Indonesian Footwear Association (Aprisindo) asked the government to join the TPP in order to make local textile products more competitive with those of Vietnam, a TPP-participating country.

PT Mustika Ratu president director Putri Kuswisnu Wardani warned that aside from the prestige of joining the TPP, the government should consider the climate in domestic industry. According to her, there are many burdensome labor policies and pro-imports policies.

"Is this what the government wants? Are we just going to be traders without thinking about how to develop domestic industry? There needs to be fine- tuning for us to conform to TPP standards," she said. (bbn)

Source: http://www.thejakartapost.com/news/2015/11/11/competitiveness-must-improve-joining-tpp.html

Economy & investment

CAD narrows in Q3, paving way for lower full-year figure

Jakarta Post - November 14, 2015

Tassia Sipahutar, Jakarta – The current account deficit (CAD) narrowed in the third quarter from the previous quarter, paving the way for a lower full-year figure, the latest balance of payment (BoP) report has shown.

According to the report, the CAD reached US$4 billion, or equal to 1.86 percent of gross domestic product (GDP) in the third quarter. The current account itself is the broadest measurement in international trade and an important part of the BoP.

The third quarter deficit narrowed from 1.95 percent of GDP or $4.2 billion in the second quarter, a stark contrast from 3.02 percent or $7 billion posted during the same period in 2014. The latest result was mostly backed by declining imports in the July to September period, which Bank Indonesia (BI) attributed to slower domestic demand as the economy cooled.

Overall imports fell to $31.95 billion from the previous quarter and were 24 percent lower compared to a year ago. The most significant drop was reported in non-oil and gas imports, which were down 10.1 percent quarter- to-quarter (qtq) and 18.2 percent year-on-year (yoy).

The declining imports also translated into a lower use of foreign services, including freight. The services balance posted a lower deficit in the third quarter at $1.95 billion from $2.65 billion in the second quarter.

Meanwhile, the BoP also revealed a $1.2 billion surplus in the capital and financial accounts, although the amount was lower compared to the $2.2 billion surplus posted in the second quarter and $14.7 billion in the third quarter of 2014. The July to September period saw quite significant capital outflows, especially from portfolio investment, such as the capital and bond markets, BI wrote in the BoP report.

The central bank attributed the outflows to the global economic slowdown and heightened uncertainty over the US Federal Reserve's plan to jack up its Fed fund rate. At the same time, China's move to devalue its yuan in August also increased global financial risk.

"Capital outflows in portfolio investment during the period were recorded at $2.2 billion, overturning a $5.7 billion surplus in the previous quarter," the report read. At the end, the BoP booked a deficit of $4.56 billion in the third quarter, widening from $2.92 billion in the second quarter.

Separately, Bank Central Asia (BCA) chief economist David Sumual said that the narrowing CAD figure was "a fruit of BI's patience to maintain its benchmark interest rate".

David estimated that the full-year CAD may even be below 2 percent due to the fact that trade activities were usually more controlled in the last quarter. "The time before year-end is also commonly the time for window dressing, making stocks look attractive to investors, improving overall performance."

Bank Danamon economist Dian Ayu Yustina also acknowledged that there was the potential for the country to report a lower-than-expected CAD this year.

"A large drop in imports, which also reflects a large decline in the use of imported freight services, will cause the CA [current account] to narrow significantly," she said.

"We expect the CAD for the overall year could reach around 2 percent of GDP. Imports may start rising modestly in the fourth quarter as many construction projects have begun."

Source: http://www.thejakartapost.com/news/2015/11/14/cad-narrows-q3-paving-way-lower-full-year-figure.html

API executive hails government support

Jakarta Post - November 10, 2015

Khoirul Amin, Jakarta – The country's textile industry is hoping government efforts to curb illegal imports and reduce electricity costs will help improve the industry's growth in the fourth quarter of this year, a senior executive at the Indonesian Textile Association (API) has said.

API advisory board chairman Benny Soetrisno said on Monday that he expected the situation for the country's textile industry would be better in the last three months of the year, driven by electricity price cuts and significant efforts to crack down on illegal imports.

"We estimate that the textile industry will grow by up to 11 percent this quarter compared to the previous quarter," he said. Such growth, however, would still be a far cry from the same period last year.

The textiles and textile products (TPT) industry has been among the worst performers across all industrial sectors this year as the labor-intensive industry experienced declining demand from both domestic and export markets due to the global economic slowdown.

The country's gross domestic product (GDP) growth hit a six-year low of 4.7 percent as of the third quarter, with the consumer confidence index plunging to 99.3 points in October from 120.2 points in January.

According to analysis from Bank Mandiri, the TPT industry suffered a contraction with negative growth of 0.98 percent year-on-year (yoy) in the first quarter of this year.

The garment, textile and footwear industries had also laid off 46,000 workers as of September this year, the largest contributor to the country's layoffs of more than 79,000 workers as of September.

Benny said, however, that he was upbeat there would be no more large-scale layoffs in the industry in the fourth quarter, as national demand and production were forecast to surge amid the government's efforts to crack down on illegal textile imports and incentives for electricity use at certain times.

Finance Minister Bambang Brodjonegoro announced on Monday that the Tax Office, in cooperation with the National Police, had confiscated four containers containing illegally imported fabric, mostly polyester, from China worth Rp 3.3 billion (US$2.4 million), and 80 containers containing coal and mineral ores worth Rp 73.8 billion that were planned to be smuggled overseas.

The API has estimated that of the annual domestic demand for TPT of around 1.2 million tons, 60 percent was from imports and the remaining 40 percent from domestic production.

"The thing is that around 45 percent of the 60 percent of imported products are illegally or allegedly sourced from illegal suppliers," Bambang said.

As illegal products were usually sold at relatively low prices, textile products that were legally sourced from both domestic and foreign markets had lost their traction among local consumers, he added.

Benny said that with the crackdown on illegal textile imports, the local textile industry could eventually boost its production as domestic demand was expected to rise.

The country's textile industry has been facing an anomaly where investment realization in the industry grew by 58 percent yoy to Rp 3.88 trillion in the first half, while many small players with a focus on the domestic market suffered from the economic slowdown.

Benny said the government's third economic policy package that included a 30-percent electricity price cut for industries operating between 11 p.m. and 8 a.m. would also significantly help the textile industry to improve its capacity utilization as electricity accounted for 40 percent of most textile manufacturers' production costs – excluding the price of raw materials.

He estimated that the textile industry's capacity utilization currently hit only around 60 percent, a far cry from the ideal rate of between 85 and 90 percent.

Source: http://www.thejakartapost.com/news/2015/11/10/api-executive-hails-government-support.html

Economic growth seen to miss government target

Jakarta Post - November 9, 2015

Ayomi Amindoni – Indonesia's economy is expected to grow by less than 5 percent this year, far from the 5.7 percent target stated in the 2015 state budget. Under current circumstances, it would be difficult to achieve even a 5 percent growth rate in 2015, an economist has said.

Firmanzah from Paramadina University in Jakarta expects the country's economy to grow by only 4.75 to 4.8 percent this year. Recent data from the Central Statistics Agency (BPS) showed annual economic growth of 4.73% in the third quarter (Q3) of 2015.

"From the beginning of 2015 to the end of the third quarter, the growth rate was below 5 percent. There will be slim grow in the last quarter of 2015, possibility at 4.75 percent or 4.8 percent," said Firmanzah in Jakarta on weekend.

The gross domestic product (GDP) growth rate for Q3 marks a slight improvement over the previous quarter (Q2), when the year-on-year (yoy) rate stood at 4.67 percent. The improvement was driven by government spending and household consumption.

Government spending rose 6.56 percent (yoy) in Q3, up from 2.28 percent in the previous quarter. Household consumption – which contributes 55 percent to the overall economy – fell marginally, to 4.96 percent (yoy) in Q3 from 4.97 percent in Q2.

Meanwhile, investment spending grew by 4.62 percent (yoy), up from a rate of 3.55 percent in Q2.

Firmanzah expressed concern about the increase in unemployment. The number of unemployed people nationwide reached 7.56 million in August 2015, an increase of 320.000 from a year earlier.

"Judging from this indicator, the government should be more focused on poverty alleviation and boosting the labor-intensive industries," he added.

According to BPS director of population and employment statistics Razali Silitonga, the increased unemployment figure was caused by both layoffs and a decrease in employment absorption due to the economic slowdown.

"The number of new entrants to the labor market was not fully absorbed, while on the other side there were layoffs, as well," said Razali.

Vice President Jusuf Kalla blamed the sluggish global economy for Indonesia's failure to achieve the government's GDP growth target, noting that deteriorating global demand had caused the price of Indonesian commodities, such as crude palm oil and coal, to plummet.

In a bid to reduce the trade deficit, the government had managed to curtail imports of goods like food, rice, corn, soybeans and industrial goods. The economic policy packages released recently, Jusuf said, aimed to provide incentives to boost local production and thereby help meet domestic needs.

"It [the import of goods] must be reduced by producing more locally, given our big domestic market. So what can be improved? [We can improve production of] the agricultural products that we used to import, such as corn, soybeans and sugar," said Kalla, as quoted by kompas.com.

In the first nine months of 2015, Indonesian exports contracted 13.3 percent (yoy) to US$115.1 billion, while imports fell at a faster rate of 19.7 percent to US$107.9 billion. (ags)

Source: http://www.thejakartapost.com/news/2015/11/09/economic-growth-seen-miss-govt-target.html

Analysis & opinion

The week in review: Spotlight on Indonesia

Jakarta Post - November 15, 2015

Ati Nurbaiti – The country was on the global stage this week for far from enviable reasons in The Hague, where activists and scholars held the International People's Tribunal 1965 on atrocities following political upheaval in the 1960s.

Coordinating Political, Legal and Security Affairs Minister Luhut Panjaitan said the event from Nov. 10-13 "made no sense" as various elements of state and society – mass organizations, the military, the Indonesian Communist Party (PKI) and others – were equally guilty of attacking each other at the time.

Vice President Jusuf Kalla was typically witty, remarking that Indonesians could also "put the Dutch on trial" here for the deaths of millions under Dutch colonial rule.

These were just two of many statements dismissing the historic, courageous testimony on the international stage of a few elderly survivors who braved the cold weather, their own poor health and the risk of being labeled as "traitors" back home.

For reasons of security their names were not revealed – although the fact that the tribunal has taken place is also testimony to Indonesia's freedoms today. Foreign and Indonesian researchers, as well as representatives of Indonesia's human rights bodies, also testified at the tribunal led by retired justice Zak Yacoob, a blind judge formerly with South Africa's Constitutional Court.

The location of the tribunal in the Netherlands incurred negative reactions, including from Kalla, whose statement naturally raised recollections of brutal colonial rule. The Hague houses among other bodies the International Court of Justice, also fueling sensationalist headlines about the "attack on Indonesia's judicial sovereignty".

Such reports fail to educate the public on the dozens of "people's tribunals" held to campaign for acknowledgement and pursuance of justice for victims. They are often survivors of human rights violations involving states and state apparatus that it is often impossible to make accountable.

One such people's tribunal was the Women's International War Crimes Tribunal in Tokyo. Though lacking binding verdicts, without the tribunal in 2000, hundreds of thousands of former military sex slaves from Japan's former colonies across Asia, including Indonesia, would have been forgotten in the face of repeated denials from the Japanese government.

Similar to the case of the jugun ianfu survivors, those authorized to act on 1965 pretend to forget that we must race against time. They simply lash out at any "foreign intervention", saying Indonesia is preparing its "own ways" to settle the issue. Officials say we aim for reconciliation, but efforts in that direction are so far unseen.

Among other issues we remain unsure about what is to be reconciled; historical textbooks do not, for instance, report the atrocities detailed in the report on the "gross human rights violations of 1965-1966" released in 2012 by the National Commission on Human Rights (Komnas HAM). Survivors say at least their names need to be cleared. Unsurprisingly, most remaining survivors have given up.

This is not to mention the survivors of Indonesia's other chapters of similarly unresolved extrajudicial killings, enforced disappearances, sexual assault, slavery, detention without trial and prolonged stigma and discrimination against survivors and their families – among the nine counts that prosecutors of the 1965 tribunal said the Indonesian state was responsible for. The crimes were already largely elaborated in the Komnas HAM report, dismissed by Attorney General M. Prasetyo for "lack of evidence".

Hopefully this tribunal will help push the way, albeit slowly, to a follow-up to the state report on 1965. Because as writers from Aceh and Papua told the recent Ubud Writers and Readers Festival, prolonged impunity has reproduced senseless violence in whatever name – if in 1965 it was to "crush communism", today lawless violence continues on the pretext of security against separatists in Papua, or the perceived right of anyone to take the law into his or her own hands to uphold Aceh's sharia bylaws.

Our convenient excuse for addressing such urgent problems is that we have too many issues needing immediate attention today. Just look – the jails of the Corruption Eradication Commission (KPK) are full! The arrest of North Sumatra's councilors this marks just only one of scores of cases of korupsi berjamaah, the popular cynical label for systematic, massive corruption involving regional leaders, lawmakers and others.

Yet another pressing problem regards the end of the prolonged drought. Smiles appeared this week as more rains led to a cooler capital – and residents hoped their water supply would run smoothly again.

But as the rains come, Jakarta has still not solved its garbage problem, while property and infrastructure construction continues. This leads us to fear that preparation measures for the next expected round of floods will not be enough to compensate for today's even smaller water-catchment areas.

At the end of the week, President Joko "Jokowi" Widodo welcomed Australia's new Prime Minister Malcolm Turnbull, whom we hope to get to know better, given the relatively short terms of his predecessors. His first visit to Indonesia was accompanied by a large business delegation, reflecting hopes for improved ties among our two peoples, no matter who the leaders are.

Source: http://www.thejakartapost.com/news/2015/11/15/the-week-review-spotlight-indonesia.html

When Turnbull came to town

New Mandala - November 13, 2015

Ross Tapsell – When charting the difficult Australia-Indonesia relationship back in 1990, journalist Peter Hastings wrote:

'In the end two radically different political cultures faced each other across the narrow gap of the Timor Sea, neither really able to understand each other.'

Even in democratic Indonesia, it hasn't been easy. One needs only to recall Tony Abbott's first trip to the Indonesian Palace to meet Jokowi, where the two sat in prolonged awkward silence before Jokowi opened the conversation with "if we have a problem, you can talk to my ambassador because for me communication is important". The Australian press reported it as a disastrous 'first date', and it didn't get any better for the pair throughout Abbott's short reign.

This year the death penalty issue dominated the framework of the relationship, and recent allegations of the Australian navy paying boats to return to Indonesia (not denied by the Australian government) meant Turnbull's trip had the potential of being rather tense.

It came as some surprise that the visit even went ahead at all, given that the two leaders will meet in the G20 in a few days' time. But a nine-hour stop-over visit to Jakarta was a gesture to, as they say, 'get the relationship back on track' – even if nobody ever really defines what 'on track' is. Presumably, however, friendly relations between leaders is a significant part of it.

So, enter Turnbull. Jokowi greeted him at the Palace, and there was a discussion on the porch between the leaders and their wives, the contents of which no one could hear as the media was kept at a safe distance. The staffers probably thought that should the conversation end up being similar to the Abbott-Jokowi train-wreck, at least the sound recorders wouldn't be there this time.

Once the closed door discussions concluded, the two leaders reported to the media pack. Jokowi has developed a habit at these formal occasions to bring along notes, and he always looks stilted and over-rehearsed. He initially spoke very briefly, congratulating Turnbull for becoming PM, thanking Australia for assistance with the forest fires, and welcoming the opening of an Australian consular office in Makassar – It was a cautious start.

Later he would show a bit more enthusiasm when he briefly discussed infrastructure, investment, cattle trade, and his new favourite topic, the so-called 'digital economy'. He said 'by 2020 the forecast of Indonesia's digital economy will be 130 billion USD', and that 'Australian investors should invest in this field'. Get your shares in Go-Jek early, dear readers. Turnbull began by the usual mention of Australia's support for Indonesia independence, the Lombok treaty etc, but spoke without notes and displayed friendly enthusiasm.

He said he was welcomed with 'enormous warmth', had 'frank and exciting discussions' and various other superlatives. Turnbull spoke for twice as long as Jokowi, and in perhaps what is indicative of the Australia- Indonesia relationship, initially he seemed far more eager to make the day work than Jokowi did, although this is not to say that Jokowi always looked disinterested. Jokowi seemed at his happiest when Turnbull mentioned that they were 'both businessmen', and trade was clearly the focus of the discussions (or at least that was what was presented to the media).

But overall things seemed to be going well enough, even if most of the Canberra-based press pack didn't seem particularly interested in what was going on. After a lunch in which the press were not invited, it was time for blusukan. Ah, the blusukan, which catapulted Jokowi to fame. In January 2014, after following Jokowi on numerous blususkans, I described them as where Jokowi "arrives, unannounced, in different parts of Jakarta to talk with local people about the issues affecting them. I went on to write:

'His skill lies in being interested in the details: where the bus stops, how the rubbish is collected, where the drains are blocked... Jokowi and Ahok also turn up at government offices, followed closely by television cameras, and have often caught public servants resting on their laurels. In a city crippled by traffic chaos, frequent floods and a debilitating bureaucracy, these visits helped create the hope that the two men would find solutions to some of Jakarta's biggest problems.'

While the media were always central to its success, unsurprisingly by 2015 as President, Jokowi's blusukans have become a well-rehearsed, somewhat formulaic media stunt. Jokowi and (insert official guest) arrive with a large crowd waiting (which they've known for some time given the security detail needed). He and his guest push their way through the indoor market with the rakyat, take selfies, pretend to look at some shops, and finally give an 'impromptu' press conference. It has become so formulaic that some of the Indonesian media at the Palace weren't interested in coming along. 'I don't need to see another blusukan', one journalist told me.

Nevertheless, given the contemporary media's voracious yearning for news updates and photos, most news organisations did attend, as did a huge crowd. When I asked one elderly lady at the market if she was here to meet the Australian Prime Minister, she said 'I didn't know [he was coming], but I'm happy to!'

She would get her wish, as both Turnbull and Jokowi shook her hand, and she seemed completely chuffed. Turnbull did a fine job holding it together at the press conference as sweat poured down his brow, trying to sensibly respond to probes such as what he thought of Indonesia joining the Trans- Pacific Partnership. It was indeed hot, but the things seemed to be going according to plan – what better way for two grown men to establish a lasting bond than to battle the searing crush of humanity by sweating it out together in a jam-packed indoor Indonesian market.

For Jokowi, this event was like shelling peas, and a vastly different and more comfortable man appeared than the one reading notes in the Palace earlier. He smiled, joked, shook hands, waved to the crowd, told the standard story about how he transformed the market, and even seemed to recognise a few people in the crowd. Once he had generously escorted his foreign guest to the safety of his vehicle – who concluded that the day was 'fantastic' – Jokowi stayed for a few more photos with adoring fans.

A populist media stunt it may have been, but given the shares of photos on Indonesia's vibrant and expanding social media platforms, the positive reports in the Indonesian online media, and the way in which Turnbull handled himself with his host, it could be seen as none other than a complete success. It was also a nice way for Turnbull to distinguish himself from his predecessor, who often looked like a fish out of water in most foreign countries other than Canada or the UK. Indonesia's main newspapers the next day seemed to pick up on this distinction.

It also suggests that anti-Australian sentiment in Indonesia surrounding Abbott's tsunami aid comments and Indonesia's 'sovereignty' were never deeply entrenched. The 'coins for Abbott' campaign, like many social-media-driven moments, saw passions ignited intensely at first, but the feelings were not particularly long-lasting.

This possibly cannot be said for many Australians, where the death penalty has had a more lasting negative sentiment towards Indonesia. Scan the comments on Malcolm Turnbull's Facebook page photos of the blusukan and judge for yourself. It shows much more work needs to be done in the relationship, and that tangible outcomes for programs and partnerships between the two countries must continue and be expanded upon in the future.

Of course, a nine-hour visit was never going to dramatically change the state of the Australia-Indonesia relationship. But the visit seemed a positive start, and the fact that Jokowi would approve a blusukan visit is a positive sign, knowing they generally guarantee a good news story. Turnbull should have learnt much about the 'two Jokowi's' in his short day in Jakarta.

Perhaps too, given both leaders seemed to enjoy the blusukan, our political cultures are not as 'radically different' as they once were.

[Ross Tapsell is a lecturer at the School of Culture, History and Language at the ANU College of Asia and the Pacific.]

Source: http://asiapacific.anu.edu.au/newmandala/2015/11/13/when-turnbull-came-to-town/

Indonesians have never stopped talking about 65 – the world should listen

The Guardian (Australia) - November 12, 2015

Jemma Purdey and Kate McGregor – No doubt about it. The forced cancellations of activities related to the 1965-66 mass violence in Indonesia at the recent Ubud writers and readers festival have escalated international media interest in this period of Indonesia's history.

This, despite the fact that the 50th anniversary of the start of this violence, 1 October, passed by with relatively little comment. Unfortunately, recent reports have largely ignored Indonesians' own efforts to address this past.

It was these efforts we wanted to highlight to an international audience with the events we organised at Ubud. At the festival we planned to launch three books in English translation – Breaking the Silence, Ongoing Truth and Truth Will Out – and to hold open discussions with their authors.

Part of an ongoing translation series, all three books were originally published in Indonesian and belong to a burgeoning vernacular literature that includes memoirs and collections of testimonies compiled by survivors of the violence and activists, based on painstaking oral history work.

The first-hand accounts of this period in these edited volumes are sometimes shocking and always powerful. Activist Galuh Wandita describes the testimonies included in Breaking the Silence as depicting "holocaust- like situations: slaughter; concentration camps; giving numbers to replace identities; prisoners organising their own food, health and arts; families torn apart; female prisoners having their hair cut short".

Despite emphasising the common theme of intense human suffering during this period, all three volumes nevertheless canvass a wide range of views. These include the perspectives of survivors, bystanders as well as those complicit in the violence – some who continue to believe it was justified, others who came to regret their past actions. They may be histories, but these collections offer important insights for contemporary Indonesian debate about how to deal with this past.

The case of the 1965-66 mass violence became more widely known to the world in 2012 with the release of Joshua Oppenheimer's Oscar-nominated film, The Act of Killing, and its 2014 companion piece, The Look of Silence (a screening of which was also cancelled by the festival). This increased awareness is welcome, but there is a need for further nuanced understandings of this history, led by those who lived it.

As conveners of the book series, we hoped commissioning these translations would allow greater understanding outside the country of how this violence continues to affect Indonesians and how they now speak about this traumatic period in their nation's history. In a similar way, our purpose in organising the three panels and related activities at Ubud was to profile Indonesian views and activism about the violence at a forum inside Indonesia, but one attended by both foreigners and Indonesians.

We wanted to highlight efforts by younger activists to engage now ageing survivors in the narration of their histories through a photographic exhibition and a song project. Because this violence touches so many lives, there are many Indonesians young and old who feel it has not yet been adequately resolved.

The efforts of the police to force the festival to cancel our sessions suggested the vibrant space for Indonesian writing and activism on this issue is under threat. We do not yet know if this is a temporary aberration, or from what level this is operating. Nevertheless, comments in the media in recent days by the coordinating political, legal and security affairs minister, Luhut Panjaitan, indicate there is absolutely no political will within this government to remember this past, let alone to seek some form of justice for its victims.

The International People's Tribunal on 1965, a response to extreme frustration at this repeated stalling, got under way on Wednesday at the Hague in the Netherlands. Just a week beforethe Ubud festival, 1965 was also a prominent theme at the Frankfurt book fair, where Indonesia was the guest of honour.

Perhaps this clustering of activities highlighting 1965 may have played a part in the police threats targeted at the festival. There is no real way of knowing. What is clear is that intimidation of victims and survivors of 1965 in Indonesia has increased in recent weeks and, for the time being, some are choosing to stay quiet.

Rahim Marhab is one of the former political prisoners who shared his story in Breaking the Silence and his message is echoed throughout these volumes. "My final hope is that there will never again be a tragedy like this in this land that I love, Indonesia," he says.

"History will reveal the truth!" We hope this can be so. For 50 years, Indonesians have made repeated efforts to tell these stories, and events of recent weeks suggest they bear repeating.

Source: http://www.theguardian.com/books/2015/nov/12/indonesians-have-never-stopped-talking-about-1965-the-world-should-listen

Ending darkness through a people's tribunal of '65

Jakarta Post - November 11, 2015

Todung Mulya Lubis, The Hague – Fifty years ago on Sept. 30, in the middle of night, atrocities began. A number of military generals were killed and transported to Lubang Buaya (Crocodile Hole) in East Jakarta where the air force base was located.

Allegedly, the killings were committed by members of the Indonesian Communist Party (PKI), described as an attempted coup against then president Sukarno. The killings became justification for the witch hunt against PKI, then considered the largest and most militant party.

There has been no one single argument that can be used to justify the coup. The party allegedly behind the coup is also the party behind the violent movement against the government known as the 1948 Madiun Affair. The PKI was thus declared an enemy and traitor to the people and the nation, and of course must be crushed.

Once a traitor, forever a traitor. It is under this kind of environment and social psychology that the massacre of people associated with PKI started, estimated to having killed between 500,000 and 1 million people. No one knows how many people were brutally killed by the military and militias. It is perhaps among the historical and human tragedies that need to be investigated further.

Countless innocent people totally unrelated to PKI were also killed – friends, relatives, spouses and children killed because of their associations with PKI members or sympathizers.

The military and militia organizations involved in the mass killings took the law into their own hands, rendering the verdict that those people had to be killed. There has never been any due process of law, let alone presumption of innocence of those considered guilty by association. Can you imagine the darkness of darkness? That was the darkest year in Indonesia's history, its rule of law, human rights and human civilization.

After World War II, after atrocities under Adolf Hitler and the Nazis, the mass killings in the aftermath of 1965 in Indonesia must have been one of the worst in our human history. More than massacres, 1965 also reveals enslavement, imprisonment, torture, sexual violence, persecution, forced disappearances, persecution through propaganda and complicity of foreign countries, notably the US, the UK and Australia.

No word can explain the magnitude of sufferings attached to the bodies and minds of people – which continue to today.

Fifty years is not a short time and yet, the wounds and pain stayed in the blood of survivors, relatives, children, and grandchildren, not to mention the whole nation.

It is an absolute necessity that truth be told in its entirety, honestly and sincerely. The wounds and pains will never be healed without the truth. History cannot possibly be whitewashed.

The burden is upon our shoulders. We will carry the burden if we fail to unravel the truth. Because only by knowing the truth can we start healing the wounds and pain.

Truth must be told before we can proceed to find justice, to reconcile and to forgive. Of course, no one will be able to forget the worst human tragedy, but people will be able to come to terms, to reconcile with the past.

There are nine counts that comprise crimes against humanity committed by the state, particularly Indonesia's military and state apparatus in concert with certain elements of social organizations. Moreover, the state violated its inherent obligations as stipulated in customary international law. Each count will be further described with evidence by factual witnesses and experts if necessary.

It is our sincere hope that the honorable judges will have relatively complete description and evidence to fully understand the crimes against humanity committed by the state of Indonesia since 1965. Some of the crimes continue; they are continuing crimes. Stigma attached to all relatives, spouses and children of the alleged communists have not been lifted. The stigma has degraded their dignity.

It is our sincere hope that the judges will be able to acquire all relevant materials and evidences, to examine them and to understand about the magnitude of gross and systematic violations of human rights. Only by doing so will the judges be able to understand why our indictment charges the state of Indonesia of committing crimes against humanity.

So why are we here? Because we, and the nation, want to find the truth. We have been waiting for more than 50 years.

Despite all efforts to persuade the government to initiate a thorough investigation and legal action, we have seen no genuine attempt by the government to resolve all gross and systematic violations of human rights since 1965.

The people associated with 1965 have always been stigmatized and discriminated against, treated as pariahs. Nothing has changed despite having entered the Reform Era, where democracy, rule of law and human rights should be more respected.

Consciously and unconsciously the attitude is to forget the past, and focus more on the future. Do not look back, do not open wounds.

But the wounds have not healed. They remain open – and to heal them requires that the truth be told. Tirelessly, all the victims, with the help of human rights activists, continue their fight to find the truth at all costs. The truth cannot be hidden forever, one day it will come out into the open.

We greatly appreciate the investigation of the National Commission on Human Rights (Komnas HAM), which concluded that what happened in 1965 onward was a crime against humanity. There is a light at the end of the tunnel, and that prompted us to also pursue truth and justice in our own way, a path less traveled.

We come all the way from Indonesia not without risk. We are worried because in our beloved country the matters related to the 1965 atrocities are still taboo, not subject to discussion and deliberation.

The government refuses to openly discuss the matter and if there are discussions then very likely those discussions will be banned, such as what happened with the Ubud Writers and Readers Festival in Bali last week. Joshua Oppenheimer was not able to screen his films to the public.

This is not to say that no one attempted to hold the discussions and screen the films, however, they stood the chance of being confronted by police and possibly "anticommunist" groups, as well as the likes of the Islam Defenders Front (FPI). The bans have been brutal and violent.

We cannot contemplate what will happen when we return home. We may be accused of airing out dirty laundry, exposing the dark sides of our nation and society, and will be thus regarded as traitors to the nation. We will not rule out the possibility of being questioned by the authorities, or even worse, detained.

The fact that President Joko "Jokowi" Widodo has already refused to apologize leads us to conclude that the government does not want to deal with anything related to the atrocities of 1965 onward. But most victims have died; many survivors are old.

Therefore, we must proceed with this tribunal with the hope that we find the truth, and see the light at the end of the tunnel. We really hope that the government listens and does its utmost to carry out a genuine reconciliation and what follows after that.

After all, humanity should be regained, wrongs must be corrected and justice must be pursued.

[The writer is a noted lawyer. The above is an abridged version of his opening statement at the International People's Tribunal 1965 held in The Hague, the Netherlands from Nov. 10 to Nov. 13.]

Source: http://www.thejakartapost.com/news/2015/11/11/ending-darkness-through-a-people-s-tribunal-65.html

A burning issue

New Mandala - November 10, 2015

John McCarthy and Zahari Zen – In late October, thousands of activists, students and lecturers in Sumatra staged rallies, urging the government to resolve the country's haze problem.

A month earlier many called for the proclamation of a state of emergency. Over two months the pollution level had in some places inched up to seven times above the most hazardous level on the pollution scale. With thousands of sites on fire, the smoke afflicted at least forty three million people within Indonesia.

People waited indoors and children stayed home from school. Many have migrated to safe houses or fled to neighbouring provinces, trying to avoid the extreme pollution. Hospitals have admitted thousands of people suffering respiratory infections. Airports across the region closed for much of the period. Industry losses run into the billions of dollars.

The smoke wafting over Southeast Asia comes from logged over forest areas and drained peat lands across the islands of Sumatra and Kalimantan. Here timber and oil palm plantations are expanding rapidly.

According to the national weekly, Tempo, planting oil palm on peat land is difficult. But there is an easy and inexpensive method: torching the land. Pests and disease perish in the flames, while the ashes are rich in magnesium, calcium and potassium, which means there is no need to add chemical inputs. Rather than spending between Rp30-40 million per hectare, this method costs only Rp2 million per hectare

The major plantation companies often pay people to clear the land. The plantation production targets are huge, the deadlines are tight, and the contracts are cheap.

Local farmers also use fire to open areas, sometimes without taking precautions. Property disputes are also associated with arson, with some disgruntled people using fire as a weapon in tenure conflicts with companies.

Before setting forest on fire, the land must be dry. Tropical forest in its natural state does not burn. Because peat soil contains much water, canals are dug in the land to be torched. The problem is, until it rains, the peat will continue to burn.

Laws forbid the use of fire to open the land and there is a moratorium on peat. Nonetheless, corporations continue to use fire. To avoid law enforcement, they work quietly at night. The result is uncontrolled fires. While thousands of hotspots proliferate in concession areas, almost all large oil palm and timber companies deny that they burn the land, blaming local farmers instead. Even before the disaster passes, companies begin to plant oil palm.

A high official in the oil palm producers association (GAPKI) has said that oil palm faces a black campaign: all fault for the fire disaster is slated onto the oil palm companies. Oil palm is a source of biodiesel and a cheap replacement for fossil fuels. However critics suggests that this view neglects the high social and environmental price extracted by the industry.

The worst of these annual fire seasons fall in the El Niqo years when the rains come late. In 1997/8 estimates suggested that 8 million hectares burned. This year's severe El Niqo event may be even more acute, already having higher carbon in a few months from these fires than the annual emissions from the whole US economy – unless the rains come soon.

A few months prior to the haze disaster, Indonesia's bureau of meteorology warned of the extreme El Niqo of 2015. However, preparations to anticipate and mitigate the possibility of fires remained inadequate.

These disastrous fires continue to occur for two reasons. The first is the political economy of the plantation sector. The sector is booming. In Sumatera and Kalimantan the revenues and opportunities are immense. Developers and planners see economic growth as much more important than the environment.

Second, despite recent reforms, too often state institutions remain in thrall to these industries. Decision-makers receive benefits from facilitating access to land. Many large companies employ officials with influence in government as commissaries. For example, the major company Wilmar includes no less than four generals on its Indonesian commissary board.

While the law forbids the use of fire by plantations, implicit priorities and informal practices allow the use of fire to continue.

An environmental activist has alleged that the former minister of forestry granted permission to corporations to burn 1.3 million hectares of forest areas for plantations. Whether this is true or not, the influence of corporate interests wishing to retain their control of land and forests has stifled reform. Resistance to change among the state forest bureaucracy slackens law enforcement.

The scale and severity of the fires this year could represent a watershed. The country is edging towards change.

President Jokowi, the reformist president, could use the fires as a reason to move towards a wholesale transformation of environmental governance. Jokowi has already outlawed new concession licences in peat lands, reviewing existing permits in peat lands that use fire and developing plans to rehabilitate degraded areas.

The government will amend key environmental and forestry regulations. We need to wait to see how the laws will be implemented and enforced.

Indonesia's parliament has also agreed to the one map initiative, a step towards resolving the complex overlapping permits and local land tenure arrangements that plague resource management and drive conflict. Now local government and developers need to be brought into an integrated development system with clear property rights.

The government could move ahead with a system to prevent, monitor and control fire, with the ability to enforce bans and rapidly respond to fires at the local level. The president might consider giving teeth to initiatives to use the anti-graft agency to sever the collusive relations between some agencies and powerful private investors.

The state law might also systematically set about implementing the rules set out in certification systems such as the Roundtable on Sustainable Palm Oil.

Change will require sweeping reforms to ensure that the plantation sector truly serves the people of Indonesia and the environment.

[Dr John McCarthy is an associate professor in the Australian National University's Crawford School of Public Policy. Dr Zahari Zen is a professor at the University of North Sumatra.]

Source: http://asiapacific.anu.edu.au/newmandala/2015/11/10/a-burning-issue/

In the end, executions stung Indonesia's economy, not its conscience

The Guardian (Australia) - November 10, 2015

Brigid Delaney – On the night of 28 April, much of the world's media was trained on a prison island off central Java where eight prisoners, including two Australians, were executed at midnight.

The lead up to the executions and the diplomatic repercussions that followed dominated much of the Australian news agenda for the first four months of this year.

Yet after so much sound and fury, debate about the death penalty and engagement with Indonesia on the issue seems to have dropped away.

Sixty people convicted of drug offences were due to be executed this year. So far, 14 have been killed. Why haven't any other executions been held since that night in April when Andrew Chan and Myuran Sukumaran, and six others, were killed?

Anti-death penalty activists – including myself – have been holding our breath, waiting with dread for further killings to be announced, but the year is racing to a close and the state's lethal urges appear to be spent.

Indonesia's so-called drugs emergency, which was the reason given for the rush to the gallows in the first place, has not suddenly gone away. Nor has there been a sudden surge of humanity. But Indonesia's economy is hurting and the very public spectacle of the executions in April hasn't helped.

The cost of the executions is being picked over by local press. The last two rounds of executions cost around AU$206,000. For the April executions, Indonesia allocated around AU$20,000 for each prisoner in its "execution budget" and chose Nusakambangan Island for the venue because it was cheaper than other locations. According to local media reports in May, Indonesia's attorney general wanted to further save costs in the third round of executions.

It's not just the cost of the actual executions that is putting Indonesians off. A bad economy, a tanking rupiah, slowing growth and the desire to attract foreign investment have meant the "third round" has not gone ahead.

Dr Vannessa Hearman, a lecturer in Indonesian studies at the University of Sydney, told Guardian Australia that the Indonesian government has not yet named when the next batch of executions would take place. "After talk about the third wave, there doesn't seem to be any further developments," she said.

Hearman says that while there have been reports about a move away from carrying out executions "because they cost a lot of money and the focus is on growth... this stalling is more a response to the international outcry to the executions."

Indonesia has a lot on its plate at the moment. As well as the economy spluttering, there's massive environmental problems with the fires causing enormous haze, health problems and disruption to trade across large swathes of the country.

Local human rights activists are also busy with other issues, such as the 281 Indonesians facing execution abroad, sex trafficking and corruption. The death penalty, particularly the execution of foreigners, is further down the list of priorities.

Todung Mulya Lubis, lead Indonesian lawyer for Chan and Sukumaran, appeared at the Ubud Writers Festival in Bali last weekend. He spoke of his disappointment with Indonesian president Joko "Jokowi" Widodo:

"When I was involved in the campaign to elect Jokowi, human rights was on the agenda. We'd like more civil society, we'd like abolishment of the death penalty but that hasn't happened."

"The Bali Nine executions has been very damaging for Indonesia... Our constitution guarantees human rights, and we also have a lot of Indonesians facing death penalty overseas. What morality do we have if this is the double standard that we have?"

The mere existence of a double standard was not a cause for pausing the executions earlier this year. Nor was the plea for mercy, or the well- documented rehabilitation of the prisoners.

But perhaps the best hope for abolition of the death penalty is to reframe it in an economic context. Trading partners – both at a government and private level – can take the lead and let it be known that they are uncomfortable doing business in an environment where executions occur, particularly when the justice system is so flawed.

A report by Amnesty International released last month said: "Death row prisoners in Indonesia are routinely denied access to lawyers and are coerced into 'confessions' through severe beatings, while foreign nationals facing the death penalty had to deal with a judicial system they hardly understand."

Speaking to the ABC in September, Todung Mulya Lubis said he had seen nervousness among the business community about government policies.

"Jokowi realises, he understands, new investment is not coming to Indonesia," he said. "Even the existing investment cannot be maintained. They may go any time. And I as a lawyer come across that. I know some of the companies... are considering leaving, so that is not very good."

This pause is great news for those on death row who may have thought they'd be killed by now. But Hearman would like to see more certainty.

"Currently no one in the government is moving towards it (more executions). But to me, the danger of keeping quiet is that the death penalty can still be used at some time. It's not sustainable for the government to have this arrangement."

Right now, business concerns may be the best hope abolitionists have in stopping the executions.

[Brigid Delaney is the co-founder of the Mercy Campaign.]

Source: http://www.theguardian.com/commentisfree/2015/nov/10/in-the-end-chan-and-sukumarans-executions-stung-indonesias-economy-not-its-conscience

Who needs heroes?

Jakarta Post Editorial - November 10, 2015

Each year on Nov. 10, the country commemorates National Heroes Day. The date was chosen to mark the epic struggle of Indonesian revolutionary independence fighters who resisted the effort by the Dutch to reassert their authority over the country in 1945.

Who won the Battle of Surabaya is irrelevant. Some battles are not on the battlefield. It was this spirit of resistance against the odds that epitomized the soul of the Indonesian struggle – a spirit of "never surrender" that was evident through the centuries of resistance that began with the Portuguese in the 16th century.

In the last 15 years, Nov. 10 has also become an occasion to announce the latest members of an esteemed list of "national heroes" declared by the state.

Those defined as heroes under the government criteria for consideration are those who did "actual deeds that can be forever remembered and serve as an example for other citizens" or those who have undertaken "extraordinary service that furthers the interests of the state and people".

No country will ever rise to greatness if it cannot learn from the lessons of the past, or respect its forefathers.

The children of today have no comprehension of the sacrifices made to reach the Indonesia of today. And we are grateful that our children do not have to endure the pain and suffering of past struggles.

Our children face their own challenges in making this country great, and it is unfair to say that their trials will be any less demanding than those of 1945.

Remembering those that have come before them is appropriate conduct. In fact, it may be even be worthwhile that at Nov. 10 public events a minute of silence is observed before the proceedings commence as a form of respect.

Unfortunately the naming of these heroes has been increasingly subject to political influence, leading us to question just what the definition of a hero is.

This was especially so during the reign of the New Order. Those considered political opponents were unlikely to ever be nominated, and there seemed to be an emphasis on those who participated in armed struggle. The revolutionary struggle has also been seen in a particularly masculine framework, with only a dozen women having been declared heroines.

The debate becomes even a more tinted when the government has to reject controversial figures, as was the case most recently, with the public debate around former presidents Soeharto and Abdurrahman "Gus Dur" Wahid. No one can deny that during their time both individuals contributed and played a role in shaping the fate of this country. But it may just not be politically their time yet.

It should not be a "yes" or "no" situation. The fact they may not be proclaimed national heroes today should not take away the worthy contributions they have made. To do that would be an affront to lesser known or forgotten names who never got their due.

True heroes do not act courageously because they want to be called heroes. For them it is an act in time, a commitment and determination to embrace suffering and sacrifice. And for us, we need heroes not because of the glamor, but because they are individuals who remind us of our missing qualities to better ourselves and others beyond material temptations. True heroes make us believe in justice – that good prevails, despite the odds.

So who needs heroes? We do. They may not be the ones declared by the government, but rather the ones who when we think of them, inspire us to do more for others.

Source: http://www.thejakartapost.com/news/2015/11/10/editorial-who-needs-heroes.html


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