Aatai John – Member of Parliament (MP) for West Makira Constituency acknowledges the consistent support shown by the solidarity group in the country for ULMWP's (United Liberation Movement for West Papua) full membership in the Melanesian Spearhead Group (MSG).

Derek Manuarii reiterated his support while appreciating the efforts shown by Solomon Islanders towards ULMWP's plea for full membership in MSG. He said the focus now is on September next month in Vanuatu, where the next MSG meeting will take place.

In addition to his statement, Manuarii said Fiji and Papua New Guinea (PNG) must reconsider their position and do the right thing to save our Melanesian brothers and sisters, whom were long, suffered the human rights abuse by the Indonesian military.

He said although the provincial government of West Papua might not support ULMWP because they were bribed by Indonesia the people and communities of that Melanesian region support ULMWP.

Furthermore to his remarks he said the issue of human rights violation in West Papua must be addressed and ULMWP's plea for full membership in MSG has to be accepted.

He finally thanked Prime Minister (PM) of Solomon Islands Manasseh Sogavare for his bold stand on the West Papua issue, adding PM is truly representing the position of the people of this country.

Source: http://www.solomonstarnews.com/news/national/11371-manuari-acknowledges-pm-wp-support

Papua governor witnesses Papuan students being raid in Yogyakarta

Tabloid JUBI - August 5, 2016

Jayapura, Jubi – Papuan students in Yogyakarta were reportedly attacked by a group of people while Papua Governor Lukas Enembe was scheduled to meet Yogyakarta Sultan Sri Sultan Hamengkubuwono X on Wednesday (3/8/2016).

A Papuan student was hit in the mouth, in the presence of Enembe. Papua legislator Laurenzus Kadepa who was in Yogyakarta a couple weeks ago confirmed the incident.

Yes, it's right. Mr. Governor witnessed it. I think there would be a greater issue after this if both Yogyakarta residents and Papuans do reflect on themselves. All efforts have been done," he said.

He said the Papua Legislative Council did not only meet with Yogyakarta Police Chief but also Sri Sultan Hamengkubuwono X as well. But until now there is no guarantee on protection and safety for Papuan students.

"The governor already met Papuan students at their dormitory Kamasan I Yogyakarta, then he met Sultan at Sultan's residence. But only the governor was allowed to meet him," he said.

According to Kadepa, in the meeting Sultan told Enembe that Yogyakarta, once the capital of the country, was not appropriate to be a place to voice aspirations for the independence of Papua though the freedom of expression is guaranteed in the Constitution. Yogyakarta is Indonesia.

"It's Sultan's statement. He thought students should do it in their dormitory only. Not outside," he said.

Separately another Papua legislator who was also part of the Papua Legislative Council team to Yogyakarta, Whilhemus Pigas, appreciated Governor Enembe's decision to come to Yogyakarta to listen the voices of Papuan students and witness their condition after the incident of 15 July at Kamasan I Student as well as to meet Sultan.

"We hope the governor's visit to Yogyakarta can ensure that during their studies in Yogyakarta, Papuans students can feel safe. With the governor's visit, hopefully it could give a signal to Yogyakarta Government and other parties including the local residents that Papua Provincial Government never closed its eyes about what was happening towards Papuan students. It's not only applied to Papuan students in Yogyakarta, but also those who are in the entire Java Island, Bali and other regions outside of Papua," said Pigai.

He also expected the meeting between Papua Governor and Sultan could clarify the statement of Sultan that said separatists are not allowed to live in Yogyakarta that the accusing was not generally addressed to all Papuan students in Yogyakarta but only to some culprits.

"I hope Sultan clarified his statement to Papua Governor. I also ask the Papuan students in Yogyakarta and other cities to more concentrate to their studies. Do not get involved with things that not expected," he said.

He also said not only about the security and safety, Papuan students also conveyed to the team of the Commission I of Papua Legislative Council that they were compounded while opening a bank account. They would be declined without the ID card.

"When they showed their ID card, they kept being declined. Why it's become complicated in Yogyakarta. I ask the governor to work with other regional governments in Java, Bali, Sulawesi or other provinces where Papuan students continue their studies to not complicate for the access of everything," he said.

Source: http://tabloidjubi.com/eng/papua-governor-witnesses-papuan-students-being-raid-in-yogyakarta/

Tongan PM calls for solidarity on Papua ahead of Forum

Radio New Zealand International - August 4, 2016

The Tongan Prime Minister is calling on Pacific leaders to unite on a call for United Nations intervention in the Indonesian provinces of Papua and West Papua.

Akilisi Pohiva told the UN General Assembly in New York last year that it should investigate allegations of human rights abuses against Indonesia and take action against "brutal and inhumane activities".

Now, ahead of the Pacific Islands Forum in the Federated States of Micronesia next month, Mr Pohiva is asking Pacific leaders not to shy away from taking a united stance.

I'll do exactly what I did in the last United Nations meeting. My concern is that I just want other nations, leaders in the Pacific to join me or to support my position in regard to the violation that occurred in the last 20 years or so in West Papua."

The Solomon Islands Prime Minister Manasseh Sogavare has also called for UN intervention.

Source: http://www.radionz.co.nz/international/pacific-news/310171/tongan-pm-calls-for-solidarity-on-papua-ahead-of-forum

Catholic students call for an end to Papua conflict

UCA News - August 2, 2016

Benny Mawel, Jayapura – Indonesian Catholic students have called on the government to listen to the grievances of the people of Papua and resolve longstanding conflicts.

The call was made at the end of a four-day Catholic Student Association of the Republic of Indonesia conference in Jayapura on July 31.

Conference participants - association members from 70 chapters across the country - said the central government should dissolve the current investigative team formed by the Coordinating Ministry for Political, Legal and Security Affairs, and sit down with the Papuans.

An ongoing conflict in West Papua between the Indonesian government and indigenous groups seeking independence or greater autonomy has led to many rights abuses, according to rights groups and Papuan activists.

Many Papuans look upon the investigative team, set up by Indonesian President Yoko Widodo to look into the alleged abuses, with suspicion.

They claim the team - made up of human rights commissioners, supreme court judges and rights advocates - are not independent and subject to interference from central government.

"We encourage independent parties to mediate and help settle the problems," Angelo Wake Kako, the association's chairman, said on July 31. He also said that Catholic students are fed up with the bloodshed. "We never want to see murder again," said Kako.

Catholic students have also urged President Widodo to remove restrictions and allow foreign journalists free access to Papua. "We demand [the] government gives access to foreign journalists so they can visit Papua, without interference, including from the military," said Kako.

Mario Yumte, a member of the association's Jayapura chapter, said Papua's longstanding conflicts need to end with dignity.

Catholic students see it as their duty to encourage the relevant parties to sit down, talk heart to heart, and listen to each other, she said. "If we are silent on the Papua conflict it means we do not care about humanity," said Yumte.

Joseph Rahawadan, a senior member of the group, said that Jakarta needs to listen to the struggles and hopes of the Papuan people.

"As long as there is no serious dialogue with the Papuans, the problem will never end," said Rahawadan. "The central government needs to send a team to immerse themselves in the lives of the Papuans for several months to know what they want," he added.

Father John Djonga, a human rights advocate, said Aug. 1 that he appreciated the Catholic students' concerns about Papua. But he also reminded students to build intensive communication with local Papuan leaders.

Communication with local leaders, he said, is important because there is so much poverty and injustice in Papua that needs immediate attention.

According to the priest, there have been efforts to have a dialogue mediated by third party, but the Indonesian government has not listened. This made the Papuans seek international attention regarding their struggle especially in the Pacific region, Father Djonga said.

Source: http://www.ucanews.com/news/catholic-students-call-for-an-end-to-papua-conflict/76740

Officers secure Timika after tribes clash

Jakarta Post - August 2, 2016

Jayapura – Military and police personnel totaling 800 have been deployed to Timika, Papua, to secure the region after a tribal conflict in Kwamki Narama district on Sunday.

"Four hundred military personnel and 400 police officials have searched the area to find residents who took part in the clash," said Mimika Police chief Adj. Sr. Comr. Yustanto Mujiharso on Monday.

Clashes between tribes in the country's easternmost region often occur and sometimes take days to end. The causes of such conflicts can stem from mundane activities such as disputes over ball games to tax collection.

The clash that erupted on Sunday led to three deaths and 17 houses burned down. More than 300 residents fled their homes to Jayapura to avoid the conflict. Dozens of cars and motorcycles were also damaged during the riot.

Yustanto said such clashes, often referred to as tribal war, should be ended. He also said law would be enforced on those who took part in killings and vandalism.

The police are targeting to arrest all perpetrators within a week.

Source: http://www.thejakartapost.com/news/2016/08/02/island-focus-officers-secure-timika-after-tribes-clash.html

Massive clashes in remote Papua leave men dead, many wounded

Radio New Zealand International - August 1, 2016

Clashes in the remote Papua province of Indonesia on the weekend have left three people killed and dozens injured, along with 25 houses burned down.

Police said scores of vehicles were also set alight, as ethnic violence drove hundreds of people to evacuate Timika for the provincial capital, Jayapura. 353 people were staying in the Toli dormitory in Sentani, according to the Jakarta Post.

Joni Wonda, who was coordinating the evacuees, said many others wanted to leave Timika but couldn't get flights.

Mira Kogoya, a 25-year-old evacuee, told the paper the clash went beyond customary rules, with attackers killing everything they found in the street, such as pigs and dogs. She said they also burned houses, attacked women and children and raped and killed people.

Members of both the military and the police were put on guard in Kwamki Narama district. The Indonesian Embassy in Wellington reported two men were dead.

The embassy said the clash occurred in Ileale Village, between followers of Hosea Ongomang, of the Amungme/Damal tribe and followers of Genius Kogoya and Thomas Kum, of the Dani tribe.

Source: http://www.radionz.co.nz/international/pacific-news/309901/massive-clashes-in-remote-papua-leave-men-dead,-many-wounded

Human rights & justice

Women, children still primary victims of trafficking, slavery

Jakarta Post - August 2, 2016

Margareth S. Aritonang, Jakarta – Women and children remain the most vulnerable to human trafficking and forced labor with the National Police's Criminal Investigation Department (Bareskrim) uncovering more cases where children and women are, again, the primary victims.

On Monday, Bareskrim's directorate-general for general crimes revealed two separate cases of illegal transportation of Indonesian workers to Japan and Malaysia. It also uncovered a case of child exploitation on the island of Bali.

National Police general crimes directorate Chief Comr. Umar Surya Fana said recruiters had first trapped victims by pushing them into mounting debts and then forcing them to accept jobs offered by their recruiters.

In some cases, victims were offered promising salaries working abroad, even though they had to pay between Rp 40 million (US$3,065) and Rp 90 million of transportation fees.

Umar said that cases of Indonesians smuggled overseas was made possible with the help of former government officials that managed to maintain network with certain individuals working for state institutions in charge of transporting Indonesians overseas.

"Indonesian women smuggled for sexual exploitation in Malaysia, for example, were recruited by former officers of the PJTKI [Migrant Workers placement agencies]," Umar said.

The officer said that a joint effort by the Indonesian police and their Malaysian counterparts found that 23 Indonesian women from Jakarta and West Java had been trafficked to work as prostitutes in Malaysia after being exploited for around two years.

Each of the women was forced to serve to a minimum of nine visitors per day, for which work they got no payment. They were promised jobs in restaurants in Malaysia before falling into the bitter trap.

"We manage to crack down the trafficking ring after one of the victims, who has been identified by her initial YS, escaped the scene and flew back to Indonesia. She quickly reported to us," said Umar.

Three persons, one of whom was known to have connection to the immigration office in Jakarta, helped to arrange fake passports for each victim.

Each of the trafficked women had to pay Rp 850,000 for the passport.

Bareskrim also found similar mode of job offers by another recruiters to lure 30 Indonesians to work in Japan.

Each of the workers had to pay between Rp 40 to 90 million with a promise to earn more working at plantation and construction sites in Tokyo. They, however, ended up neglected and homeless there.

Half of the victims have been sent home while the police are searching for the rest with the help of the Indonesian Embassy in Japan.

The police have arrested one person last week for manufacturing electronic visa for visiting and studying for all victims, Bareskrim announced.

"We are further investigating the cases. More people might be implicated in trafficking these Indonesians there," said Umar.

Cases of forced labor of Indonesians could also be found at home as Bareskrim revealed a third case on Monday of 12 children between 12 and 17 years old being exploited to work in a spa in Bali.

These children, who are natives of Central Java, West Java, East Java, Lampung and Kalimantan, were forced to work at a local spa after borrowing certain amount of money from their recruiters.

The investigation into this case is underway as the police has yet to find a suspect.

Source: http://www.thejakartapost.com/news/2016/08/02/women-children-still-primary-victims-trafficking-slavery.html

1965 anti-communist purge

Recommendation for 1965 purge to be submitted to President

Jakarta Post - August 6, 2016

Jakarta – A recommendation to resolve the 1965 communist purge has been prepared and is ready to be submitted to President Joko "Jokowi" Widodo.

"I have met Coordinating Political, Legal and Security Affairs Minister Wiranto. At the ministerial level, the document has been completed. The minister will submit it to the President," National Resilience Institute Governor Agus Widjojo said as reported by kompas.com on Saturday.

In April, the government sponsored a two-day symposium in which the organizers invited various parties to tell their versions of the 1965 tragedy, which was marked by the killing of at least 500,000 members of the Indonesian Communist Party (PKI) as well as sympathizers and supporters.

The organizing committee of the event, headed by Agus, invited various parties who were involved in the tragedy. But a number of retired generals later organized a counter symposium, the participants of which were mostly former military personnel.

"The President will ask for a second opinion from presidential staff members. But the main opinion will come from Coordinating Political, Legal and Security Affairs Minister Wiranto and other ministers. Just wait, the result will be good," said Agus.

Meanwhile, Wiranto declined to comment on the recommendation and on whether a judicial or non-judicial solution would be approved. "In short, there has been good progress and one stance," he added. (bbn)

Source: http://www.thejakartapost.com/news/2016/08/06/recommendation-for-1965-purge-to-be-submitted-to-president.html

Why tribunal ruled on genocide

Jakarta Post - August 5, 2016

Nursyahbani Katjasungkana, Jakarta – On July 20, a video of presiding judge Zak Yacoob reading out the major conclusions of the International People's Tribunal on the 1965 Crimes Against Humanity in Indonesia (IPT 1965) was released simultaneously in Jakarta, Amsterdam, Melbourne in Australia, Frankfurt in Germany, Phnom Penh and Stockholm. The judges of the tribunal, which is not a criminal court but a court of inquiry, found Indonesia guilty of crimes against humanity in the systematic killing of at least 400,000 people.

These victims were not only leaders and members of the Indonesian Communist Party (PKI) in 1965, but also members of affiliated associations or committed supporters of then president Sukarno. The tribunal also found that Indonesia was guilty of other crimes against humanity including slavery, involuntary disappearances, sexual violence and a campaign of hate propaganda inciting such crimes. These crimes are not only punishable under international customary law and other conventions, but also under Indonesia's domestic laws, including those on human rights.

The prosecutors of the IPT 1965, led by renowned human rights lawyer Todung Mulya Lubis, put forward enough evidence during the hearings last November to persuade the judges unanimously to agree that crimes against humanity had indeed taken place in Indonesia following the actions of the so-called G30S group, which ended in the murder of six generals and one lieutenant. But the judges went one step further than the prosecution.

They also studied the extensive report prepared by 40 researchers, half of them from Indonesia. The 1948 Genocide Convention defines genocide as that including any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group namely (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.

The report argued that this was the case in Indonesia, also referring to the arguments of Daniel Feierstein, a leading researcher on genocide, particularly on the violence and killings in Argentina in the 1970s to 1980s.

The first argument in the research report for IPT 1965 was that the mass murders by the army and the militias trained and supported by the army constituted genocide as the partial destruction of an Indonesian national group.

The material presented demonstrated the extent to which society was completely and intentionally reorganized through terror and the destruction of a significant part of this group – comprising leaders and supporters of the PKI and other Sukarno supporters.

In the process Indonesia's history was rewritten to portray the PKI as an enemy of the state, ignoring attacks on the republic by the Darul Islam movement and regional rebellions in the 1950s. Further, after Soeharto came into power, it became almost impossible to fight for social justice and human rights.

A second argument of the research report concerned the ethnic Chinese. It seems that most Chinese were murdered because they belonged to Baperki, an organization of Chinese Indonesians associated with the PKI by the New Order leaders. But ethnic motives played a role in mass killings of Chinese-Indonesian citizens as well, particularly in Aceh, Medan in North Sumatra, Makassar in South Sulawesi and Lombok in West Nusa Tenggara.

The tribunal concluded that where people of Chinese ethnicity were killed "with the specific intent to annihilate or destroy that group in whole or in part" this crime possibly also fell within the 1948 Convention.

The convention specifies that countries are required to prevent and punish such actions, whether carried out in war or in peacetime. However no country attempted to prevent the genocide unfolding under the watchful eyes of their embassies.

Some countries have laws that make holocaust denial a crime; these include Austria, Belgium, France and Germany. This helps those who fight for the non-recurrence of Nazism and racism. The European Union is debating whether condoning, denying or grossly trivializing genocide and crimes against humanity should be criminalized.

In Indonesia the opposite is the case. Human rights defenders such as activists of the IPT 1965 who call for state responsibility for the genocide are called "enemies of the nation". Some groups have even called for violence against these activists.

Yet if Indonesia wants to recover from the trauma of 1965, as the President promised to help achieve, if Indonesia wants to ensure that such atrocities will never be committed again, it should not deny the classification of genocide but instead use the final IPT 1965 report as a basis for reflection and action.

This is also what is recommended by, among others, retired general Agus Widjojo, the director of the National Defense Institute. New Coordinating Political, Legal and Security Affairs Minister Wiranto will hopefully continue to engage in dialogue with victims of the genocide, as his predecessor did during a national symposium in April.

Indonesia is a major country. Its international peacekeeping corps, the Garuda Contingent, has implemented some 20 missions in three continents since 1956. The country should fulfill its international role to help establish peace and to prevent crimes against humanity all over the world with pride.

This pride is now marred because, unlike Germany, Indonesia has not conclusively dealt with its own traumatic, genocidal past.

So what steps can be taken next? The IPT 1965 fully supports the earlier recommendations of the National Commission on Violence Against Women (Komnas Perempuan) in 2007, and of the National Commission on Human Rights (Komnas HAM) in 2012. Both reports document grave human rights violations and urge the government to instigate further research including a criminal investigation, as the basis for reconciliation.

Too much is still unknown, even the total number of those murdered, tortured and made to disappear are not available and hundreds of mass graves are unopened and unrecognized. Indonesia, as with all countries that were aware of the enfolding genocide but did nothing to prevent it, should open its archives to researchers.

The national road to truth finding, victim rehabilitation, reconciliation and remembrance lies wide open. The next opportunity for Indonesia to speak with pride about its national efforts to deal with its genocide is the universal periodic review of the UN Human Rights Council in April next year. The topic will also be brought up before the UN Security Council.

[The writer, a lawyer, is coordinator of the International Peoples' Tribunal on 1965 Crimes Against Humanity, which took place last November in The Hague, the Netherlands.]

Source: http://www.thejakartapost.com/news/2016/08/05/why-tribunal-ruled-genocide.html

Australia found complicit in crimes against humanity

Red Flag - August 5, 2016

Helen Jarvis, a member of the seven-judge panel of the International People's Tribunal on 1965 Crimes Against Humanity in Indonesia (IPT), outlines findings that condemn the Indonesian state and its Western allies that were complicit in the mass slaughters that brought the dictator Suharto to power in the 1960s.

The State of Indonesia is guilty of and responsible for crimes against humanity.

Following hearings in The Hague last November, the IPT delivered its findings and recommendations on 20 July. Presiding judge Zak Yaacob, a former judge in the Constitutional Court of South Africa, announced the findings in a video statement, after a proposed reading in Jakarta had to be cancelled due to repeated threats to the security of judges and victims.

The IPT found that the following crimes against humanity were committed:

Murder (at least 400,000 people killed); imprisonment (at least 600,000 people detained, many for more than 10 years without any legal process); enslavement; torture; sexual violence; enforced disappearance; persecution by exile; false propaganda; and complicity of foreign states. The judgment found the charge of complicity against the US "justified" by the US provision to the Indonesian military of equipment and of lists of alleged communists. The charge against the UK and Australia was justified "on balance".

The judges also found that many of these acts also qualified as genocide against a part of the Indonesian national group and also possibly of the Chinese minority.

The following are excerpts from the IPT Final Report concerning complicity in these crimes.

The Indonesian army constructed a sustained and false narrative of acts of extreme brutality and conspiracy against the state in order to create a pretext for the anti-communist purge and slaughter, which was quickly launched [and] the diplomatic and propaganda apparatuses of the US, Britain and Australia propagated this version of events with the purpose of manipulating international opinion in favour of the Indonesian army (and against President Sukarno), in the full knowledge that the army was preparing to, and later had already begun to, carry out or encourage such killings on a massive scale...

The UK and Australia conducted a sustained campaign repeating false propaganda from the Indonesian army, and that they continued with this policy even after it had become abundantly clear that killings and other crimes against humanity were taking place on a mass and indiscriminate basis. On balance, this justifies the charge of complicity in the above crimes against humanity.

It is well established that Australia... ran a sophisticated propaganda operation, with information favourable to the Indonesian army being relayed by its embassy in Jakarta to Canberra and disseminated through various media including Radio Australia. A recent study notes that the Australian Department of External Affairs had always taken a "keen interest" in the way in which Radio Australia reported events in Indonesia, and that after 30 September the Department "received and acted" upon advice from the Australian ambassador in Jakarta, Keith Shann, who in turn "received advice from the Indonesian Army on how it wanted the situation in Indonesia reported".

The Department sought to direct Radio Australia in these matters and was also successful in "convincing [Australian] newspaper editors to report and editorialise in a manner sensitive to the Department's concerns".

Another study relates in detail how Shann was approached on 9 November 1965 "by an unnamed colonel from the army's Information Section, who told him that Radio Australia should 'mention as often as possible youth groups and other organisations, both Moslem and Christian' that were involved in anti-communist actions (thus clearly hoping to dilute the army's culpability)"... Shann [is reported to have] concluded his report to Canberra "with the comment that he could 'live with most of this, even if we must be a bit dishonest for a while'. Radio Australia was also told to avoid 'giving information to the Indonesian people that would be withheld by the army-controlled internal media', to avoid compromising the army's position..."

Information was also passed regularly to Canberra from the Australian embassy in what was described as "the methodical slaughter of PKI [Indonesian Communist Party] prisoners". This was presumably the basis for a remark in July 1966 by the Australian prime minister, Harold Holt, who when asked about events in Indonesia commented that "with 500,000 to a million communist sympathisers knocked off... I think it is safe to assume a reorientation [in Indonesia] has taken place".

The mass killings were also described in a number of media reports, although these did not always receive prominence when published. Examples include a vivid report in Melbourne's Age in January 1966 by journalist Robert Macklin, who described what he and his wife had witnessed in Bali: "We saw four villages where every adult male had been killed... We saw mass graves in each of which up to 10 Communist men and women had been packed after being stabbed to death".

In seeking to explain the widespread indifference to the human suffering in Indonesia, academic studies of this period place these events within the broader international context of cold war, heightened in Asia at the time by the war in Vietnam. Gabriel Kolko has observed that "Indonesia by late 1965 presented US strategy in Southeast Asia with a danger at least as great as Vietnam" because of the logic of the "domino theory" which saw communism as a threat to be opposed, even when as in Indonesia it took a peaceful form.

Thus, "the events of September 30 created a small challenge but also an enormous opportunity to resolve America's dilemmas by directing the military's wrath against the Communists"... The Indonesian army... saw the opportunity for a bargain, asking "how much is it worth to the US for the PKI to be 'smashed'?"

Both [the UK and Australia] shared the US aim of seeking to bring about the overthrow of president Sukarno... in extending their propaganda operations to legitimise the false propaganda of the Indonesian army after 30 September (and in the UK's willingness not to take military advantage of the situation), both governments evidently hoped that this would assist the army to eliminate the PKI as well as remove Sukarno.

They continued with this policy even after it had become abundantly clear that killings were taking place on a mass and indiscriminate basis. On balance, this appears to justify the charge of complicity.

The claim that the events in Indonesia were too obscure or confusing to be understood at the time has no merit. The countries referred to above were fully aware of what was taking place through their diplomatic reports, from contacts in the field and accounts in Western media.

Nor were the mass killings a secret to the international community in general, even if they were only reported intermittently. Yet there is no record that any of the governments considered above made the slightest attempt to urge restraint upon the Indonesian government or army.

Source: https://redflag.org.au/node/5423

Freedom of speech & expression

Academics support rights activist facing defamation charges

Jakarta Post - August 7, 2016

Jakarta – Academics from Indonesian universities have voiced their support for Commission for Missing Persons and Victims of Violence (Kontras) coordinator Haris Azhar in a case of alleged defamation.

Three state institutions, namely the National Narcotics Agency (BNN), the Indonesian Military (TNI) and the National Police, have filed police reports over remarks by Haris that they say amount to defamation.

Tri Agus Susanto from the Yogyakarta Institute for Village Community Development (STPMD) said the three state institutions were arrogantly displaying their power by reporting Haris.

"The National Police, BNN and TNI should instead follow up on the information Haris discovered," Tri said at a discussion in Menteng, Central Jakarta, on Saturday.

He was referring to testimony conveyed by death row convict Freddy Budiman to Haris in 2014, in which the drug lord alleged that officials from the police, BNN and TNI were involved in his international drug network. The testimony went viral in social media one day before Freddy was executed on the Nusakambangan prison island in Cilacap, Central Java, on July 29.

Freddy claimed in his testimony that he had managed to operate his drug network thanks to support from top officials of the three institutions. He did not reveal any names, however.

The three institutions filed reports against Haris with the police's Criminal Investigation Department (Bareskrim) on Aug. 2. Haris was entitled to state protection under freedom of speech, Tri said.

An academic from the University of Indonesia, Panata Harianja, urged President Joko "Jokowi" Widodo to stop the death penalty against drug convicts. The government should solve the root problem of the widespread distribution of narcotics in the country without imposing the death penalty, he said.

"Death penalty ends chances for drug convicts to become justice collaborators," Panata said at the discussion. (rez/ebf)

Source: http://www.thejakartapost.com/news/2016/08/07/academics-support-rights-activist-facing-defamation-charges.html

Kontras vows to continue efforts to probe drugs mafia

Jakarta Post - August 6, 2016

Marguerite Afra Sapiie, Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) has vowed to continue efforts to push for an investigation into law enforcement practices in narcotics cases, despite ongoing accusations of defamation against Kontras' coordinator Haris Azhar.

Kontras has asked the government and law enforcement institutions to be more focused in eradicating narcotics bigwigs, including by uncovering drug trade supporters hiding behind law enforcement officials, as alleged by executed convict Freddy Budiman in his testimony circulated by Haris.

"What we are facing here is a narcotics cartel that threatens the country. If the government and law enforcers work separately, their efforts will be incomplete," Haris said on Friday.

The rights activists have announced plans to collaborate with the Indonesian Ombudsman's Office, The Witness and Victim Protection Agency (LPSK) as well as the Financial Transaction Reports and Analysis Center (PPATK) to dig deeper and consolidate efforts to look into the allegations.

Kontras and several other civil organizations, including the Indonesian Drug Victim Advocacy Brotherhood (PKNI) and the Community Legal Aid Institute (LBH Masyarakat), have also opened a post for the public to report information on state institutions allegedly backing drug smuggling, in an attempt to unravel the alleged narcotics mafia within governmental bodies.

Haris, who was reported by the National Police, the Indonesian Military (TNI) and the National Narcotics Agency (BNN) to the National Police for alleged defamation, said he was prepared as he had a team of lawyers to support him. However, he called on law enforcement officials to let his case rest, as the nation's war on narcotics was more important than anything else. (bbn)

Source: http://www.thejakartapost.com/news/2016/08/06/kontras-vows-to-continue-efforts-to-probe-drugs-mafia.html

Government urged to give protection to activist

Jakarta Post - August 6, 2016

Jakarta – Legal experts are calling on the government to give protection to prominent human rights activist Haris Azhar in light of a recent report filed against him after he claimed that top officials were involved in drug trafficking.

Rights activists have slammed the defamation report by the National Police, the Indonesian Military (TNI) and the National Narcotics Agency (BNN) against Haris, who is the coordinator of human rights watchdog Commission for Missing Persons and Victims of Violence (Kontras).

Haris' posting of an article with the claim, which was based on a statement made by executed drug lord Freddy Budiman, could not be considered a criminal offense as there were no names mentioned in the post, said Miko Ginting from the Center for Policy and Law Studies.

"The country should be giving individual or legal protection to Haris, who revealed information about the alleged support of officials in the narcotics mafia," Miko said on Thursday.

Arif Maulana, a lawyer from the Jakarta Legal Aid Institute (LBH Jakarta), agreed, saying that as a whistle-blower Haris was entitled to protection from the country's Witness and Victim Protection Agency (LPSK). "By criminalizing Haris, the officials are distorting the purpose of law enforcement," Arif said.

The three institutions reported Haris to the National Police's Criminal Investigation Department (Bareskrim) on Tuesday, accusing him of violating defamation provisions in the 2008 Electronic Information and Transactions Law.

Source: http://www.thejakartapost.com/news/2016/08/06/national-scene-govt-urged-give-protection-activist.html

Haris Azhar asks for protection should names be revealed

Jakarta Post - August 5, 2016

Marguerite Afra Sapiie, Jakarta – Rights activist Haris Azhar has requested the government's protection and commitment should the names of law enforcement personnel allegedly involved in executed convict Freddy Budiman's drug-smuggling business be revealed to the public.

Haris had previously circulated Freddy's testimony that described the alleged support from personnel within the state security apparatus for Freddy's international drugs network.

The coordinator of the Commission for Missing Persons and Victims of Violence (Kontras) said he needed the government to take a firm stance in response to the leaked information, especially in its commitment to improving law enforcement efforts against the illegal narcotics trade in the country.

"It's going to be a problem if we expose the names through the media, but there has been no response [...] and the witnesses who make the reports also need guarantees," Haris said on Friday.

Haris decided to circulate Freddy's testimony on Kontras' Facebook page on July 28 because of a lack of response from the President's Office, to whom Haris had sent the information before Freddy's execution took place last Friday, in an attempt to get a swift response from the government to carry out measures in relation to the allegations. However, he claimed there was none.

In making the testimony public, Haris asserted that his purpose was not to undermine the credibility of the National Police, the Indonesian Military (TNI) or the National Narcotics Agency (BNN), but instead to assist the three institutions in conducting internal reforms in accordance with the principles of democracy where public participation played an important role in overseeing the country.

On Tuesday, the three institutions reported Haris to the National Police's Criminal Investigation Department (Bareskrim) for violating the 2008 Electronic Information and Transactions Law. (evi)

Source: http://www.thejakartapost.com/news/2016/08/05/haris-azhar-asks-for-protection-should-names-be-revealed.html

Jokowi urged to step in against 'criminalization' of KontraS leader

Jakarta Globe - August 5, 2016

Jakarta – President Joko "Jokowi' Widodo is facing pressure to come out against the "criminalizing" of a Jakarta-based human rights activist, after he revealed allegations of stated officials involved in drug trafficking.

Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (KontraS), on Thursday revealed testimony provided by executed drug convict Freddy Budiman alleging members of the National Police, the National Narcotics Agency (BNN) and the Indonesian Military (TNI) were part of his operations.

The claims were made via social media and messaging apps the day before Freddy's execution in the early hours of July 29. Haris and Freddy first met in 2014 at the Nusakambangan prison island.

The allegations quickly spread across local media, prompting all three accused state institutions to file police reports on Tuesday (02/08) against Haris, alleging defamation. He faces charges under the law on electronic information and transactions.

Jokowi has instructed his subordinates to investigate the claims, but would not comment on the reports filed against Haris.

"Jokowi has no clear stance over criminalization of citizens who reveal cases that implicate the state apparatus," Dahnil Anzar Simanjuntak, chairman of the youth association of Indonesia's second-largest Muslim group Muhammadiyah, said on Thursday (04/08).

Former KontraS coordinator Usman Hamid also called on the president, saying: "We urge the president to instruct the three institutions to put an end to their attempts at criminalization."

Officials from the National Police, BNN and TNI have defended the move, saying Haris did not provide any evidence of the claims. The National Police will summon Haris soon for questioning.

Source: http://jakartaglobe.beritasatu.com/news/president-urged-to-end-criminalization-of-rights-activist-over-officials-drug-involvement-revelation/

KontraS comments not criminal: Observers

Jakarta Globe - August 5, 2016

Jakarta – Revealing explosive allegations of state officials involved in drug trafficking is not a criminal offense, observers have said after authorities filed reports against a leader of a human rights group citing defamation.

Haris Azhar, coordinator of the Jakarta-based Commission for Missing Persons and Victims of Violence, last week revealed allegations leveled by executed drug convict Freddy Budiman that members of the National Police, National Narcotics Agency (BNN) and the Indonesian Military (TNI) allegedly assisted the convict in running his operations.

The claims were made via social media and messaging apps the day before Freddy was executed in July. Haris and Freddy previously met in 2014 at the prison island of Nusakambangan, Central Java.

All three named institutions reported Haris to the National Police earlier this week, accusing him of violating the law on electronic information and transactions.

"The institutions used their authority carelessly. The revelation is definitely not a criminal offense," Miko Ginting, a researcher with the Center for Law and Policy Studies (PSHK), said on Thursday (04/08).

"Such an act is considered criminal if it meets two elements. The first is that it mentions the name of a person. The second is that it is not in the interest of the public."

Based on Freddy's testimony, Haris revealed that Freddy had given more than Rp 450 billion ($34 million) to officers from the BNN and Rp 90 billion to high-ranking officers from the National Police in kickbacks.

"The revelation reflected the interest of the public. But the moves by the institutions reflected their own interest," Usman Hamid, a former KontraS coordinator, said.

All three institutions, the National Police, BNN and TNI, said Haris had failed to provide direct evidence alongside his revelation and considered it defamation. The National Police plan summon Haris soon for questioning in the near future.

Source: http://jakartaglobe.beritasatu.com/news/kontras-comments-not-criminal-observers/

Support growing for KontraS leader

Jakarta Post - August 5, 2016

Ina Parlina and Margareth S. Aritonang, Jakarta – Support is growing for a rights activist, Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (KontraS), who was reported to the police for defamation after he posted a statement on Facebook claiming personnel within the Indonesian Military (TNI), the National Police and the National Narcotics Agency (BNN) were involved in illicit drug trafficking.

A coalition of several groups calling itself the Advocacy Team against the Drug Mafia demanded those three institutions withdraw their report against Haris, who got his information from the subsequently executed drug convict Freddy Budiman.

The coalition slammed the defensive move by the three institutions, which decided to report Haris rather than investigate the alleged involvement of their personnel in drug trafficking.

"We regret that Haris' efforts have been perceived as an attempt to discredit the aforementioned institutions. They should have taken them as assistance because we believe that criticism is another form of care," said Dahnil Anzar Simanjuntak, the chairman of Muhammadiyah's youth organization, on Thursday.

Aside from Muhammadiyah's youth organization, the coalition also consists of the Indonesian Forum of the Environment (Walhi), the Jakarta Legal Aid Institute (LBH Jakarta), Indonesia Corruption Watch (ICW), the Indonesian Labor Union (KSPI), the Setara Institute and some other civic organizations.

"If he [Haris] is to be prosecuted, we are all ready to share his condition because basically we are now voicing the same thing," Dahnil said.

The coalition argued that what Haris had posted online was actually general truth and public knowledge. The information contained in his post should have been taken as a first step toward revealing the illicit practices and reforming the institutions in order for them to regain public trust, which is now believed to have hit a new low.

Moreover, the coalition also set up a dedicated post for the public to report any wrongdoing committed by personnel of the three institutions, particularly related to drug trafficking.

They also demanded the government establish an independent team to investigate, one authorized to evaluate and oversee the performance of law-enforcing institutions in handling drug cartels and also to process the information gathered from the emergency posts.

"President Joko 'Jokowi' Widodo always says that the country is in a state of drug emergency. This is the moment to prove that he is serious in combating the problem," he said.

Another rights activist, Usman Hamid, said that treating Haris like a criminal did not reflect the country's commitment to curbing drug trafficking.

He added that being resistant to input from outside parties and not gathering facts and obtaining information could be perceived as an attempt to hide the flaws of the organizations.

LBH Jakarta lawyer Arief Maulana said that Haris should not be prosecuted because he did not mention any names in his alleged defamation and he also spoke for the greater public good.

"It now becomes the police's job to launch an investigation. Demanding Haris provide proof is not acceptable because he is just a common citizen who holds little power or authority," he said.

Meanwhile, jumping onto the TNI, police and BNN bandwagon, Pemuda Panca Marga – an organization linked to the military – reported Haris for the very same reason. This group even demanded the police arrest Haris.

National Police spokesperson Sr. Com. Martinus Sitompul told a press briefing on Thursday that the police would summon Haris.

"We are preparing for everything, from appointing investigators in charge of the case, to collecting evidence and identifying witnesses," said Martinus. Martinus added that the police would question Haris as soon as all preparations were made.

Meanwhile, BNN chief Comr. Budi Waseso said his office would investigate its members who were allegedly involved in drug trafficking. Budi was summoned to the State Palace on Thursday, but he said President Jokowi did not give him any specific directives on the issue. (fac)

Source: http://www.thejakartapost.com/news/2016/08/05/support-growing-for-kontras-leader.html

Online defamation could result in prison sentence

Jakarta Post - August 4, 2016

Nurul Fitri Ramadhani, Jakarta – Think before you tweet or post anything on social media.

Netizens or social media enthusiasts need to be careful with their posts, or otherwise they could be charged with defamation as the government and the House of Representatives have agreed to retain a draconian article in the 2008 Electronic Information and Transactions (ITE) Law criminalizing opinions deemed to constitute defamation.

Rights activists have called for the removal of the article, but legislators are of the opinion that the article should be maintained.

Article 27 of the law prohibits people from distributing, transmitting or making accessible electronic information or documents containing indecency (Point 1), gambling (Point 2), defamation (Point 3) and blackmail or threats (Point 4).

Article 45, Point 1, stipulates that the violation of Article 27 carries a maximum sentence of six years in prison or a Rp 1 billion fine.

The only positive aspect for rights activists is that the sentence for defamation has been reduced from a six-year maximum to less than five years in prison.

Legislators have not agreed to the exact terms of the prison sentence. The deliberation is part of revisions to the 2008 ITE Law, expected to be finished in October.

However, rights activists believe the lighter prison sentence will do nothing to protect people from hate speech, and it will still threaten freedom of speech and expression.

Supriyadi W. Eddyono from the Institute of Criminal Justice Reform (ICJR) said on Wednesday that the House should omit the defamation charge from the law because it was and would continue to be prone to abuse.

"Although the House is reducing the punishment, the existence of the article itself still threatens our freedom of speech," Supriyadi said.

Hendardi, the chairman of the Setara Institute, a rights group, said the reduced punishment would not satisfy public aspirations because in all this time, there was no specific limit or boundary on what constituted defamation.

"I suggest that the House and the government develop a clear definition of defamation," Hendardi said.

The ITE Law has seen a number of people taken to jail for online speech since its implementation in 2008. Housewife Prita Mulyasari, for example, was sued for defamation by the Omni International Hospital in 2009 after she complained about the hospital's services on an online mailing list.

Henry Subiakto, a special staffer with the Communications and Information Ministry, said it was difficult to eliminate the controversial article because the Constitutional Court ruled twice in 2008 and 2009 that the article did not contradict the 1945 Constitution.

"Without the point on defamation, all people can freely spread hate speech and manipulate data on the internet," Henry said.

He also said the ITE Law did not need to offer definitions of defamation because they the law could refer to articles 310 and 311 of the Criminal Code.

Golkar Party politician Meutya Hafid, the deputy chairman of House Commission I overseeing information, communications, defense and foreign affairs, said the law did not aim to restrict free speech, but instead, to protect people from insults.

"Many only want to express their opinions, but many also want to intentionally insult other people. In cyber space, it's difficult to know whether a person wants to commit a crime or not," Meutya said.

Source: http://www.thejakartapost.com/news/2016/08/04/online-defamation-could-result-prison-sentence.html

TNI says it reported Haris to reveal truth

Jakarta Post - August 4, 2016

Marguerite Afra Sapiie, Jakarta – The Indonesian Military (TNI) has said its move to report rights activist Haris Azhar to the National Police's Criminal Investigation Department (Bareskrim) aimed to reveal the truth of his allegations that a high-ranking military general was involved in the international drug-trafficking network of recently executed convict Freddy Budiman.

TNI spokesman Maj. Gen. Tatang Sulaiman said his institution wanted to push the police and the Commission for Missing Persons and Victims of Violence (KontraS), a rights group where Haris serves as coordinator, to conduct a thorough investigation and collect evidence to prove the truth of his allegation.

"The statement may be useful input for the TNI to conduct an investigation, which may involve the institution's legal departments, including its intelligence body," said Tatang, Wednesday.

According to Haris, in a 2014 conversation Freddy mentioned that a two-star TNI general was involved in his drug network. Haris' written account of the conversation was circulated one day before Freddy was executed on July 29.

Specifically, Freddy said he had once delivered drugs from Medan, North Sumatra, using a car belonging to a two-star TNI general. The general even accompanied him in the car during the journey, Freddy claimed.

Tatang said the TNI was ready to uphold the law and promised it would bring the official to justice if the allegations were proven to be true. He said that if evidence confirming the allegations could not be found, the TNI would immediately treat the case as defamation against the institution.

On Tuesday, the National Police, TNI and National Narcotics Agency (BNN) reported Haris to Bareskrim, accusing him of violating the 2008 Electronic Information and Transactions (ITE) Law. (ebf)

Source: http://www.thejakartapost.com/news/2016/08/04/tni-says-it-reported-haris-to-reveal-truth.html

Police, TNI, BNN gang up on rights activist

Jakarta Post - August 4, 2016

Margareth S. Aritonang, Jakarta – As one of the country's most outspoken human rights defenders, Haris Azhar, has long been a gadfly to the nation's security apparatus.

His recent Facebook post in which he publishes a statement from drug convict Freddy Budiman, who was executed last Friday, has strongly offended institutions mentioned in the post: the Indonesian Military (TNI), the National Police and the National Narcotics Agency (BNN).

The three institutions on Wednesday reported Haris to the National Police's Criminal Investigation Department (Bareskrim) for defamation. They accused Haris of defaming the institutions in a Facebook post containing Freddy's statement claiming that the TNI, the police and the BNN were involved in drug smuggling.

National Police spokesperson Insp. Gen. Boy Rafli Amar told a press briefing they decided to press charges against Haris after representatives of the three institutions held a meeting a day earlier to discuss Haris' "disappointing" move to post Freddy's claims on the internet instead of privately informing the law enforcers about them.

Boy claimed that Haris had breached the 2008 Electronic Information and Transaction Law (ITE Law) by circulating defamatory information on the internet.

"We must learn how to properly express criticism so as to avoid defaming others," Boy said. "Words must be carefully chosen so that criticism does not turn into a boomerang".

Boy argued that the police institution, in particular, had nothing against criticism. "But we must see which ones are properly drawn and which ones are not," he said.

Haris, coordinator of the Jakarta-based Commission for Missing Persons and Victims of Violence (Kontras), founded by the slain rights activist Munir Said Thalib, posted on the organization's Facebook page a conversation between him and Freddy, who claimed that he had over the years given around Rp 450 billion (US$34.42 million) to the BNN and Rp 90 billion to top officials at the National Police.

The conversation took place in mid-2014 when Haris visited Freddy at a prison on Nusakambagan Island in Cilacap, Central Java. Freddy also told Haris that he was free to go in and out of the prison to run his drug business with the help of top officials from the TNI.

Haris, who opposes the death penalty on the grounds that the nation's judicial system is corrupt, published Freddy's statement only hours after his execution and that of three Nigerians – Humphrey Jefferson, Michael Titus Igweh and Seck Osmane – on July 28.

The activist is not the first person to publicly claim the involvement of personnel from the police, the BNN and the TNI in the drug business, but he is the first person to face criminal charges for writing about it.

Support for Haris quickly mounted on social media, with the hashtag #SayaPercayaKontras and #ITrustKontras quickly becoming trending topics on Wednesday. Netizens applauded Haris' bold move and encouraged him to carry on.

Usman Hamid, Haris' predecessor in Kontras, said his successor had only been talking about what others dared not discuss in public. He deplored the defensive reaction of the police, BNN and the TNI.

"This is against the government's commitment to fight drugs," he said. "Haris' testimony can be used to reach drugs lords, if the government is serious about the war on drugs".

Usman further said the incident showed how the death penalty was problematic, as Freddy should have been able to give an explanation to the police. Source: http://www.thejakartapost.com/news/2016/08/04/police-tni-bnn-gang-rights-activist.html

Law enforcement institutions file suit against Indonesian rights activist

Jakarta Post - August 3, 2016

Marguerite Afra Sapiie, Jakarta – The National Police, the National Narcotics Agency (BNN) and the Indonesian Military (TNI) have reported rights activist Haris Azhar to the National Police's Criminal Investigation Department (Bareskrim) for alleged defamation.

Commission for Missing Persons and Victims of Violence (Kontras) coordinator Haris Azhar has acknowledged the report, explaining that he had yet to be named a suspect but was still undergoing the process. He regretted the response from the three institutions, saying that the officials should instead probe into the information he had delivered.

"Instead of reporting me, it's better for the President to form a joint independent team to investigate what I have said from Freddy," Haris said.

National Police spokesman Sr. Com. Martinus Sitompul said as quoted by kompas.com on Wednesday that the report was filed on Tuesday.

The three bodies have accused Haris of violating the 2008 Electronic Information and Transactions (ITE) Law by circulating the testimony of executed drug lord Freddy Budiman on the alleged involvement of personnel from the three institutions in his international drug network.

According to Freddy's statement, the real cost of producing Chinese manufactured narcotics was only Rp 5,000 per unit, and thus he did not mind giving Indonesian law enforcement bodies Rp 5,000 to 10,000 extra per unit in exchange for protection. (ags)

Source: http://www.thejakartapost.com/news/2016/08/03/law-enforcement-institutions-file-suit-against-indonesian-rights-activist.html

Political parties & elections

Low number of women running in elections

Jakarta Post - August 1, 2016

Jakarta – The government said on Sunday the portion of women participating in legislative elections remained stagnant at 17 percent, lower than the 30 percent quota mandated by a law on elections.

Elly Yuniarti, the ministry's subdivision head for democracy enhancement, said the low percentage remained at the same level for the 2009 and 2014 general elections.

"In the elections, the proportion of women in the legislature failed to meet the 30 percent quota," she said.

Elly said political education was important to improve the quality of women able to fulfill legislative and government posts.

She also said it was the responsibility of political parties to train good candidates for the jobs. "Female party cadres should be given roles so that they are literate about politics," said Elly.

She expected that more female candidates would participate in upcoming regional elections next year. The election will be conducted across 101 regions, including Jakarta.

Source: http://www.thejakartapost.com/news/2016/08/01/national-scene-low-number-women-running-elections.html

Environment & natural disasters

Australian court accepts class action lawsuit filed by Indonesian fishermen

Jakarta Post - August 4, 2016

Djemi Amnifu, Kupang, East Nusa Tenggara – The Federal Court of Australia in Sydney on Wednesday accepted a class action lawsuit filed by Indonesian fishermen, who are demanding PTTEP Australasia pay compensation for an oil leak at its Montara oil rig in the Timor Sea in 2009.

The lawsuit was registered by the Care for West Timor Foundation's (YPTB) advocacy team heads Ferdi Tanoni and Daniel Sanda, who are representing 13,000 seaweed farmers from East Nusa Tenggara who suffered losses from the Montara oil spill.

Ferdi said that in filing the class action lawsuit, they were accompanied by two lawyers, one of whom was Ben Slade from Maurice Blackburn Lawyers, a reputable Australian law office established in 1919. Another lawyer was Greg Phelps from WardKeller, the biggest law office in Northern Australia.

Citing Slade, Ferdi said the Montara oil spill case must be brought to court because the meeting between the Australian law office and PTTEP Australasia representatives, which aimed to settle the case out of court, had failed to reach an agreement.

Phelps asserted that PTTEP Australasia had purportedly closed its eyes and ears over sufferings experienced by East Nusa Tenggara people. He said PTTEP Australasia expected that the case would eventually disappear so they could be free from any responsibility.

"That's why today, we, who have voluntarily supported the people since 2011, help carry out an advocacy to reveal the truth in this case," said Phelps, as quoted by Ferdi in an email to The Jakarta Post on Wednesday evening. (ebf)

Source: http://www.thejakartapost.com/news/2016/08/04/australian-court-accepts-class-action-lawsuit-filed-by-ri-fishermen.html

Navy officer's rare bird collection seized in Papua

Jakarta Globe - August 2, 2016

Feriawan Hidayat & Ratri M. Siniwi, Jakarta – Papua's Center for Conservation of Natural Resources, a division of the Ministry of Environment and Forestry, and the Forest Police Rapid Reaction Unit managed to seize 68 rare birds from a navy officer in Merauke, Papua, on Monday (01/08).

The birds were under his possession without official government license.

"We seized 68 birds, 59 yellow-crested cockatoos, 2 palm cockatoos, 1 black-capped lories, 1 parrot and 5 lorikeets," said the head of the conservation center, Gunung Nababan.

Gunung said the navy officer, identified as HP, is still being questioned in Merauke. The police hope to find a connection linking the man with an illegal wildlife trade network that has been transporting endangered animals from Papua to Java.

"In previous cases protected animals were traded illegally, including pig-snout turtles, birds and reptiles. All of these rare animals are native to Papua," Gunung said.

Meanwhile the ministry's director general of law enforcement, Rasio Ridho Sani, said the threat of illegal wildlife trade still looms around conservation areas.

"We've urged our officers all around Indonesia to step up security in conservation areas and track illegal trades of endangered animals. Ports are one of the major gateways for this illegal trade," Rasio said.

Recently, the directorate general said the ministry is in talks to revise the current laws on environmental crimes to help conserve protected wildlife.

"Our idea is to impose criminal sanctions on perpetrators for crimes against wildlife such as prison terms or fines, especially [when they involve] protected wildlife, as a deterrent," Rasio said on Friday.

Source: http://jakartaglobe.beritasatu.com/news/navy-officers-rare-bird-collection-seized-papua/

Indonesian seaweed farmers launch class action over Montara oil spill

Sydney Morning Herald - August 2, 2016

Jewel Topsfield, Jakarta – More than 13,000 Indonesian seaweed farmers will on Wednesday launch a class action in the Federal Court in Sydney against the company responsible for the worst oil spill in the history of Australia's offshore petroleum industry.

Maurice Blackburn Lawyers is seeking hundreds of millions of dollars in compensation for the loss of income it says the farmers suffered when their seaweed plots died after the 2009 Montara oil spill in the Timor Sea.

"Our investigations show that the operator of the oil rig has a serious case to answer for cutting corners that endangered lives, the environment and the livelihoods of thousands of seaweed farmers," said Maurice Blackburn managing principal Ben Slade.

He said the seaweed farmers, who are from East Nusa Tenggara, one of Indonesia's poorest and most remote provinces, suffered "north of $200 million" in loss of income.

Indonesia is one of the world's top producers of seaweed, which is used in food, cosmetics, medicine and fertiliser. The company that operated the Montara oil rig – PTTEP Australasia – has denied liability.

"PTTEP Australasia maintains its position, based on extensive independent scientific research overseen by the Australian government, that no oil from Montara reached the shores of Indonesia or Australia and that no long-term damage was done to the Timor Sea environment," a company spokesman said.

An estimated 300,000 litres of oil a day spewed into the ocean for more than 10 weeks after an explosion at the oil rig, 250 kilometres south-east of Rote Island, on August 21, 2009.

"In the second half of September in 2009, all the seaweed farmers in Oenggaut (a village in Rote) lost their seaweed crops after the surface of the water changed; it went from the normal blue colour and had all the colours of the rainbow," 58-year-old seaweed farmer Daniel Aristabulus Sanda said in a statutory declaration.

"The seaweed that I was growing was totally destroyed, it broke up and washed away. I saw dead fish, in uncountable numbers, sometimes more than 100 in one place."

Mr Sanda said that after the oil killed his crop he tried to plant new seeds but they all died. "I felt desperate at this time; I was sad and disappointed that my seaweed would not grow and I could not provide for my family."

Mr Sanda's yield shrunk from 14,000 dry kilograms of seaweed in 2008, the year before the oil spill, to just 500 in 2010.

It was not until 2013 that his crops improved. He said the "difficult years" made things very hard for his family because he was paying to put his two children through university.

"If the company thought that this issue would go away because the farmers are Indonesians, or because they didn't understand their legal rights, they were sorely mistaken," Mr Slade said.

The class action will be bankrolled by Harbour Litigation Funding Limited, one of the largest litigation funders in the world, in return for a share of the proceeds if the case is successful.

"Although we invest in a wide range of commercial litigation, it is particularly rewarding that our financial support helps those whom otherwise may not get access to justice," said Ruth Stackpool-Moore, the head of Harbour's Asia-Pacific hub.

A report last year by the Australian Lawyers Alliance, "After the Spill", called for a full independent investigation, saying evidence pointed to a larger environmental and social disaster than has ever been officially acknowledged.

The class action is a victory for West Timor Care Foundation president Ferdi Tanoni, who has spent years fruitlessly lobbying the Australian government and PTTEP Australasia to fund an environmental assessment on the impact on the East Nusa Tenggara community.

"Six years, 11 months and 10 days... it's a long fight," he said. "I believe soon we will be able to bring justice to the people of East Nusa Tenggara and West Timor who suffered."

Source: http://www.smh.com.au/business/world-business/indonesian-seaweed-farmers-launch-class-action-over-montara-oil-spill-20160801-gqitj0.html

Government reminds public of danger of plastic waste

Jakarta Post - August 1, 2016

Bogor – Environment and Forestry Minister Siti Nurbaya Bakar highlighted on Sunday the urgency of treating plastic waste, which is one of the country's major environmental problems.

Siti said plastic bag consumption in the country was one of the largest in the world with 9.5 billion items consumed per year.

"The most dangerous thing is when the waste is thrown into the ocean and it disintegrates into particles consumed by fish," she said during a Car Free Day event in Bogor, West Java. The plastic particles, which take 400 years degrade, are then poisonous for humans, she said.

A study published in Science journal last year found that Indonesia produced 3.2 million tons of plastic waste in 2010, with around 1.29 million tons of that ending up in the ocean.

The figure places Indonesia second only to China, with its 8.8 million tons of waste, or 27 percent of global plastic waste. About 1.3 million to 3.5 million tons of China's plastic waste ends up in the ocean.

Source: http://www.thejakartapost.com/news/2016/08/01/national-scene-govt-reminds-public-danger-plastic-waste.html

Health & education

Indonesian mothers fight lonely battle to breast-feed

Jakarta Post - August 6, 2016

Evi Mariani, Jakarta – Although breast-feeding is natural, many mothers would testify that it is not easy, especially in a world where commercial interests lurk at every corner, ready to derail mothers' efforts to give their babies the best: breast milk.

It is even more difficult for working mothers, and almost impossible for mothers who work in factories working in shifts that give no room for them to express breast milk.

While the government is campaigning for exclusive breast-feeding for the first six months of a baby's life, it hasn't done much to make it easy for mothers. Oftentimes mothers have to fight a bitter battle alone to successfully breast-feed exclusively for six months.

They fight with their parents and in-laws, have to change doctors to find one that supports breast-feeding and is not a marketing minion for a giant formula producer and have to find information about the many pitfalls in breast-feeding (milk changes flavor, baby with tongue-tie, how to effectively express breast milk at the office).

I did my crusade almost entirely alone. I breast-fed my son exclusively for six months before he started eating solid food. I breast-fed him until he was 2 years old, but I complemented the milk with UHT or pasteurized milk once he turned one. Except for a very occasional mild fever and runny nose, he has never been sick. He is now 3 years old.

I am proud, of course. But I believe no mother should ever experience that kind of battle to do something as natural as breast-feed. It should have been easy even for a working mother like me.

Problems should have involved only initial nipple cracks, sleeplessness and regulating the diet. It should have not involved dealing with an evil doctor who said there were no vitamins in breast milk (it really happened, ask my husband), parents who accuse mothers of being "trendy" in insisting on breast-feeding at the expense of the baby, or searching for information alone at night (thank God for the internet and mothers' online forums) about problems with a baby who turns out to have a tongue tie.

I heard stories from friends who struggled even harder. And some failed.

And where is the government when hospital workers say mothers must immediately give baby formula because their breast milk is not enough (mostly they lie)? Where is the government when employers say you have to take maternity leave six weeks before delivery, leaving a mother with only six remaining weeks of leave with her baby?

Where is the government when a doctor says a baby has to drink 250 millimeters of "gold standard" formula per drink six times a day? Where is the government when grandparents say every single time your baby cries that it is obviously hungry and your breast milk is not enough? Where is the government when a lactation consultant, instead of offering sympathy and encouragement, tells a mother that she does not produce enough breast milk because she is not happy with her baby?

Those instances really happened. They happened in the 1990s and in 2004 before the 2009 Health Law, but it also happened in 2013 and I'm sure at this very moment somewhere in Indonesia, where roughly 4 million babies are born each year.

Data shows that 96 percent of mothers breast-feed their child at some point, meaning almost all Indonesian mothers have an intention to give breast milk. But only 42 percent of the infants are given breast milk exclusively for six months, meaning every year there are roughly 2.3 million mothers who for some reason stop before the baby reaches six months old.

I'm sure there are some mothers who choose not to continue with breast-feeding. I don't want to pass judgment on them, because while breast milk is the best, formula does its job too. I was fed formula too, and I am quite healthy.

I know of cases of bullying of mothers on social media because for some reason or another they do not breast-feed. It is a serious problem for a mother's well-being, but right now I want to focus on the government's role first.

I acknowledge that the government has made much progress in policymaking, with the 2009 Health Law ensuring a mother's right to exclusively breast-feed her baby, by subjecting those that try to derail six-month exclusive breast-feeding to punishment.

The government has also issued supporting regulations, for example, a health ministerial regulation on procedures on imposing administrative sanctions on health personnel, healthcare facility operators, producers and distributors of formula milk.

But what many mothers and I have found in reality is that when it comes to giving our baby the best, the regulations are proven to be paper tigers and we have to fight the uphill battle alone.

Happy World Breast-Feeding Week.

Source: http://www.thejakartapost.com/news/2016/08/06/indonesian-mothers-fight-

Gender & sexual orientation

Civil rights threatened by demand to outlaw casual sex

Jakarta Post - August 4, 2016

Hans Nicholas Jong, Jakarta – A legal attempt by a group of conservative academics to criminalize any sexual relations outside marriage has sparked concern about a serious breach of civil liberties.

The academics, who claim to be motivated by a desire to protect the country's morality, are seeking revisions to three articles in the Criminal Code, including Article 284 on adultery, which they say should not be confined to consensual sexual activities by married people with partners who are not their legal spouses.

The move comes amid an apparent shift by the country toward a more moralistic stance, with the government and the Constitutional Court being regarded as supporting a strongly conservative agenda.

Criminalizing casual sex could create an oppressive society with morality police investigating people's private lives, Wahid Foundation executive director Yenny Wahid told The Jakarta Post on Wednesday. "Private police forces could emerge from among extremist groups, stalking people and using the law to intimidate other people."

Yenny, the daughter of the nation's pluralism icon, Abdurrahman Wahid, questioned the feasibility of proving someone is having sex outside marriage. "Who has the right to file a report? If it's a married couple where a spouse is cheating, then the cheated one could file a report. But what about unmarried couples?"

University of Indonesia (UI) criminologist Josias Simon said the public would be enraged if the court ruled in favor of the group. "It goes against the essence of our country, which is pluralistic," he said. "Indonesian people are diverse. There's no agreement or complete research on this matter."

Casual sex could be considered a victimless crime as it was consensual, Josias said. Therefore, he went on, putting someone in jail for having consensual sex outside marriage would be unjust.

"While I do agree that sexual intercourse outside marriage should be managed, it shouldn't be banned or criminalized," Josias said. "Although this legal move was made with good intentions, the impact could make society worse."

The petitioners, whose main goal is to make same-sex relationships illegal, have been given a chance to present expert witnesses to speak in their favor.

On Monday, they invited Indonesian Council of Islamic Propagation (DDII) chairman Adian Husaini to address the court. He said the country was facing a tough "morality challenge". "This is exacerbated by the LGBT [lesbian, gay, bisexual and transgender] phenomenon that has become more rampant," he added.

The Constitutional Court is traditionally known as a "negative legislator", meaning that it can only annul legislation or scrap certain wording from a law. However, Chief Justice Arif Hidayat has said the court could change the wording of an article in a law if its ruling inadvertently created a legal vacuum.

Renowned lawyer Todung Mulya Lubis said the panel of judges were likely to rule in favor of the plaintiffs. "I feel that the current Constitutional Court justices tend to have conservative views. If we look at recent court rulings, they tend to be conservative," he told the Post, citing the court's decision to reject a petition to raise the minimum age for marriage for women last year.

The court argued that changing the age requirement to 18 for both sexes, from the current minimum age of marriage for women at 16 and men at 19, was not guaranteed to reduce divorce rates, or to solve social, health and economic problems. Only one judge, the sole woman on the panel, expressed a dissenting opinion.

Source: http://www.thejakartapost.com/news/2016/08/04/civil-rights-threatened-demand-outlaw-casual-sex.html

Gay sex may be outlawed

Jakarta Post - August 3, 2016

Hans Nicholas Jong, Jakarta – With negative public sentiment toward lesbian, gay, bisexual and transgender (LGBT) reaching an all-time high, the anti-LGBT movement in the country is seeking to criminalize same-sex relationships.

A group of academics and activists have requested that the Constitutional Court annul a number of articles in the Criminal Code (KUHP) to make it illegal for homosexuals to engage in sexual activities.

The court, which has affirmed that the plaintiffs have constitutional grounds to present their case, has held five hearings in which expert witnesses, presented by the petitioners, told the court that homosexuality was "contagious" and that it "could trigger a spike in HIV infections".

One of the plaintiffs, Rita Hendrawaty, who is also chairwoman of an organization called the Family Love Alliance, claimed she did not intend to put LGBT people in prison.

"The government asked us [why we are trying to criminalize LGBT people], saying that if we do so, then prisons will be full. But we are merely trying to take preventive measures, so that Indonesia has clearer norms and regulations stipulating that anyone having casual sex is committing adultery," she told The Jakarta Post on Tuesday.

Rita said that while the KUHP did not traditionally dive into people's private matters, she argued that "The LGBT community is spreading propaganda to make seem as if casual sex or same-sex relationships are OK. Therefore, the law has to speak about this, as this issue has entered the public sphere."

Homosexuality is legal in the country, but any adult having sexual relations with a minor of the same sex, whom they have suspected or are aware is a minor, could face a maximum five years' imprisonment, as stipulated by Article 292 of the KUHP.

The plaintiffs are asking the court to change the terms "adults" and "minors" to "people", thus allowing law enforcers to put people in prison for having sex with someone of the same sex, even if the sex is consensual. The plaintiffs are also asking for the annulment of Article 284 on adultery and Article 285 on rape in an attempt to make sexual intercourse between an unmarried couple a crime.

The legal effort to outlaw sex between same-sex couples comes after months of widespread anti-LGBT campaigns in the media, supported by Cabinet ministers and several high-profile organizations, including the Indonesian Psychiatrists Association, which classified homosexuality, bisexuality and transgenderism as mental illnesses.

The rising anti-LGBT rhetoric has reportedly made homosexuals the most-disliked minority group in the Muslim-majority country, with a recent survey by the Indonesian Survey Institute (LSI) showing most Indonesian Muslims disliked LGBT people more than they disliked Jews, communists and Shiites.

Other than seeking a ruling from the court, a number of Islamic groups, including the Prosperous Justice Party (PKS), have proposed the passing of an LGBT bill. Several lawmakers have also called for the inclusion of articles banning LGBT content in the national cyber security bill.

The various attempts to criminalize homosexuality have alarmed advocates of LGBT rights.

"This is dangerous for our LGBT friends. No one should be allowed to criminalize a minority group in Indonesia. Furthermore, the government shouldn't be that nosy, trying to manage people's lives in bed," Arus Pelangi secretary Ryan Korbarri told the Post.

Ryan said the allegation that the LGBT community was trying to spread homosexuality was baseless, as the community in Indonesia was only trying to fight to have the same rights as other Indonesian citizens.

It is unclear if the court will invite LGBTs and their defenders to have their say in the hearings.

A noted psychiatrist in the field of HIV and homosexuality, Dadang Hawari, was asked to present his views in the court hearings last week. He said homosexuals were sexual deviants influenced by external factors such as a person's social environment and could be healed through psychiatric treatment, a claim that has been widely criticized by the international community.

The World Psychiatric Association (WPA), representing more than 200,000 psychiatrists from 118 countries, including Indonesia, said that there was no sound scientific evidence that a person's innate sexual orientation could be changed.

The next court hearing is scheduled for Aug. 23, in which the plaintiffs will present three more expert witnesses: Indonesian Child Protection Commission (KPAI) chairman Asrorun Ni'am Sholeh, former law and human rights minister Yusril Ihza Mahendra and a commissioner from the National Commission on Human Rights (Komnas HAM).

Source: http://www.thejakartapost.com/news/2016/08/03/gay-sex-may-be-outlawed.html

LGBT community most disliked by Indonesian Muslims: Survey

Jakarta Post - August 1, 2016

Hans Nicholas Jong, Jakarta – The lesbian, gay, bisexual and transgender (LGBT) community is the minority group most disliked by Muslim people in Indonesia, according to a survey conducted by the Indonesian Survey Institute and Wahid Foundation.

The survey involved 1,520 respondents across all of the country's 34 provinces. All of the respondents were Muslims, who account for almost 90 percent of the country's population, and were over the age of 17 and/or married. The survey used a random sampling method with a 2.6 percent margin of error.

The survey found that only 38.7 percent of respondents did not harbor any dislike toward other groups. The rest admitted to disliking some groups, such as 26.1 percent who said they disliked LGBT people. Other disliked groups included communists (16.7 percent) and Jews (10.6 percent).

"When confronted with groups of people that they dislike, Muslims in Indonesia tend to be more intolerant to the extent of not wanting to have them as neighbors or have them teach their children," Wahid Foundation researcher Aryo Ardi Nugroho told The Jakarta Post.

Respondents said also cited disliking Christians (2.2 percent), Shiites (1.3 percent), Wahhabis (0.5 percent), Buddhists (0.4 percent) and Chinese-Indonesians (0.4 percent).

Wahhabis are a group adhering to strictly orthodox Sunni Islam, who advocate for a return to early Islamic traditions and are predominantly based in Saudi Arabia.

Source: http://www.thejakartapost.com/news/2016/08/01/lgbt-community-most-disliked-by-indonesian-muslims-survey.html

Graft & corruption

Graft convicts must go to jail, KPK says

Jakarta Post - August 2, 2016

Jakarta – The Corruption Eradication Commission (KPK) has rejected a recent plan by President Joko "Jokowi" Widodo's administration to abolish prison sentences for graft convicts, calling the plan a setback to the country's fight against corruption.

Earlier, the Office of the Coordinating Political, Legal and Security Affairs Minister said the government was mulling to establish a regulation that would justify the move because "it's been proven that prison terms have until now failed to have a deterrent effect."

Instead, the government is planning a "deterrent punishment" for graft convicts, in which it seeks to establish a regulation that will enable law enforcement institutions to confiscate all assets of people convicted of corruption.

KPK chairman Agus Rahardjo said the antigraft body strongly condemned the plan because the government could confiscate all assets of graft convicts without having to give exclusivity to make them immune to prison sentences.

"The KPK is even trying to find ways to make sentences have a deterrent effect on graft convicts. If it is necessary then we will also put on the table an option to legalize the death sentence for graft convicts," Agus said on Monday.

Source: http://www.thejakartapost.com/news/2016/08/02/national-scene-graft-convicts-must-go-jail-KPK-says.html

Freedom of religion & worship

'Deviant' not the only stigma given to ex-Gafatar members

Jakarta Post - August 6, 2016

Margareth S. Aritonang and Ina Parlina, Jakarta – After being labeled "deviant" by religious authorities, former members of the defunct Fajar Nusantara Movement (Gafatar) now have to bear another stigma: the tag of ex-criminal.

Parwanto, an ex-Gafatar member from Trenggalek, East Java, said he could not get a job as a driver for a local company after the police refused to clear his criminal record.

The 34-year-old told The Jakarta Post that to get a job he needed a police clearance letter (an SKCK) and he applied for one in April. To his surprise, the Trenggalek police issued a letter that would likely make him ineligible for work.

"The bearer hereof [Parwanto] was involved in criminal acts qualifying article – of Law Number – [Ex Gafatar]," says the SKCK, a copy of which was delivered to the Post.

The letter does not clarify the charges against Parwanto, who claims to have never been charged with any crime.

The frustrating red tape he has had to face to get the letter has only made him more upset. Parwanto said he had to undergo an unusually long administrative process just to obtain such a "deeply deplorable and unjust letter".

"The sub-precinct police station told me to go to the police precinct station to arrange the SKCK. At the precinct police, I was interrogated about what happened [with Gafatar]. I told them the truth," said Parwanto.

Treated as a pariah, Parwanto questions if he is still considered a citizen. "Why am I declared an ex-criminal? I am not a criminal. I am a victim of discrimination. Am I not a citizen of this country? The government should have helped us instead of leaving us alone to be victimized."

"I cannot get a proper job because of that SKCK. This really puts me and my family in trouble," Parwanto mourned.

Gafatar, founded in January 2012, is estimated to have accrued 55,000 followers before it was banned and dissolved following the issuance of a joint decree released by the Attorney General's Office (AGO), the Home Ministry and the Religious Affairs Ministry in March.

Three of Gafatar's top leaders – Ahmad Musadeq, Mahful Muis Tumanurung and Andi Cahya – are currently being detained by the National Police's Criminal Investigation Department (Bareskrim) on charges of blasphemy and treason.

Musadeq was already convicted of blasphemy in 2008 and was sentenced to four years in prison. The term of imprisonment did not stop him from establishing Gafatar and recruiting more followers.

Gafatar is not the first minority group to be discriminated against through the 1965 Blasphemy Law. Rampant discrimination against minority groups, using the Blasphemy Law as a basis, has moved individuals and civil society organizations to challenge the law. Their challenges have so far been rejected by the Constitutional Court.

In addition to Musadeq, Lia Aminuddin, or Lia Eden, has also been charged with blasphemy on more than two occasions. In 2005, she was sentenced to two years in prison on blasphemy and incitement charges.

In 2009, she was taken to court again and sentenced to two-and-a-half years in prison after being charged with spreading flyers defaming Islam.

Human rights activists and pro-pluralism figures challenged the law in 2010 at the Constitutional Court. The court did not rule in their favor.

Constitutional Court chief justice Arief Hidayat signaled that anyone could challenge the Blasphemy Law at the court if they were able to build a case using different arguments and legal grounds from the ones used in the 2010 judicial review case, and again in the 2013 petition.

"Without mentioning a specific case, basically a provision [in any law] cannot be re-challenged if its previous judicial review has been rejected. It is called ne bis in idem [[no legal action can be instituted twice for the same cause of action]."

Source: http://www.thejakartapost.com/news/2016/08/06/deviant-not-only-stigma-given-ex-gafatar-members.html

Police 'cherry-pick' in war against hate speech

Jakarta Post - August 6, 2016

Hans Nicholas Jong, Jakarta – The National Police have declared a war against hate speech on social media by arresting two people in Jakarta and Banten for posting racist messages on the web related to the recent anti-Chinese riot in Tanjung Balai, North Sumatra.

But questions have arisen whether the police are capable of carrying out a zero-tolerance approach to combat hate speech, with some minority groups still being left defenseless in the face of verbal attacks.

A 30-year-old English teacher in Banten, identified only by her initials FAB, was arrested for posting a racist comment relating to the Tanjung Balai riot. The police nabbed FAB at her office in Rangkas Bitung on Wednesday after she posted a racially charged comment on her Facebook account.

A day earlier, the police arrested a 41-year-old man named Ahmad Taufik for calling on all Muslims to repeat the bloody 1998 anti-Chinese riots on his Facebook page. He also mentioned the Tanjung Balai riot, which saw 12 temples looted and burned down.

The riot was triggered by people provoked by social media posts falsely saying that people of Chinese descent in the city had banned mosques from voicing the adzan (call to prayer).

It is unlikely that Ahmad triggered the riot as he made his post on Aug. 31, while the riot occurred a day before. The police, however, decided to arrest him.

According to the Southeast Asia Freedom of Expression Network, hate speech like the Tanjung Balai case should be processed in accordance to the law.

"Freedom of expression clearly has its limitations. Don't mix freedom of expression with hate speech because hate speech is not freedom of speech. In fact, it's a great enemy of freedom of speech," the network's regional coordinator Damar Juniarto told The Jakarta Post.

The riot is among the first challenges for the new National Police chief Gen. Tito Karnavian. He has warned people against hate speech, which he blamed for the unrest, issuing a reminder that they could be subjected to the 2008 Electronic Information and Transactions (ITE) Law.

Last year, the National Police issued a circular, instructing the entire force on how to identify, prevent and handle hate speech.

"Hate speech issues must be handled carefully because it could undermine our nation's principle of living in accordance with Bhinneka Tunggal Ika [Unity in Diversity]," the circular said.

The circular identifies expressions of hate speech that target groups and individuals on the basis of their ethnicity, faith, religion, race, gender, handicap or "different abilities", sexual orientation and "intergroup differentiations".

While the circular mentions gender and sexuality, some doubt the police would take action against those spreading hate against lesbian, gay, bisexual and transgender (LGBT) people.

In February, former Communications and Information minister Tifatul Sembiring, who has 1 million followers, tweeted that homosexuals should be killed. The sudden increase in public expressions of hatred toward LGBT people in Indonesia has reportedly led to LGBT communities establishing hotlines and safe-houses.

The government's hostile view toward LGBT people, even when the community is targeted with hate speech, means that the government has openly engaged in discrimination against LGBT people, according to Damar.

"The government has to take a zero-tolerance approach in handling hate speech," he said. "It's clear they haven't done that, especially when it comes to LGBT people. The state and the public are waging a war on them. That's clearly discriminatory."

According to human rights watchdog the Setara Institute, differing views between hate speech toward LGBT people and hate speech toward non-Muslims is one of the problems of hate speech regulations.

Source: http://www.thejakartapost.com/news/2016/08/06/police-cherry-pick-war-against-hate-speech.html

Meliana reported for blasphemy

Jakarta Post - August 6, 2016

Apriadi Gunawan, Tanjung Balai – The Tanjung Balai Police will proceed with the legal prosecution against two suspects, Budi Herianto and Rifai Zuharisyah, who allegedly incited racial unrest in the port city. The recent riot in Tanjung Balai saw 12 temples looted and burned.

The police will also build a case against Meliana, 41, the woman who complained about the loud voice of adzan (the Islamic call to prayer), which was then used by the two suspects to provoke a mob – leading to the unrest.

Surprisingly, Meliana was not reported by any individual or group. Rather, she was reported by a police officer who thought her complaint about the loud adzan constituted an insult to Islam.

"How can we prove Meliana insulted a religion when nobody reported her to the police? To solve this problem, Brig. Kuntoro reported her," North Sumatra Police spokesperson Sr. Comr. Rina Sari Ginting said, referring to the name of the police member who filed the report.

Rina said Kuntoro had reason to report Meliana because he was at the scene when the mob argued with Meliana outside her house. Kuntoro came to the location at the request of the neighborhood head. "Brig. Kuntoro was invited to come and calm down the mob," Rina said.

The police spokesperson said the police had questioned five people in relation to Meliana's case. The police have also sought opinion from experts from North Sumatra University to verify whether or not Meliana complaint constituted an insult to religion.

Even though Meliana has since apologized, the police have not dropped her case. "She has the right to make an apology. But the legal process will continue," Tanjung Balai Police chief Adj. Sr. Comr. Ayep Wahyu Gunawan said.

He said the two provocateurs and Meliana had apologized to Tanjung Balai Mayor M Syahrial for what they had done when they met at the police office. "I apologize to all Indonesian citizens, especially to the public of Tanjung Balai, for my ignorance," Meliana said at the police office Thursday night.

In addition, Ayep said the number of suspects involved in the unrest kept increasing, with the latest figure reaching some 20 suspects, seven of whom are underage. The adult suspects have been put in detention.

"The seven underage suspects were returned to their parents so they could continue with their education," he said, adding that their trial would refer to Law No. 11/2012 on Child Trial Procedures.

Since the racial unrest broke out in Tanjung Balai, Meliana and her husband have been staying at the police office. Their parents were evacuated out of the city.

Meliana, who has been living in Tanjung Balai for eight years, said she would stay and make a living in the city. She said she hoped the people in Tanjung Balai would live a peaceful life in the future.

Meanwhile, Budi Herianto said he regretted what he had done, provoking the unrest. He promised not to make the same mistake again. "I apologize. I will not do it again," he said in shame.

Tanjung Balai Police investigators arrested Budi and Rifai, both of them private employees, for allegedly inciting the riot.

Police spokesperson Rina Sari said both men incited people to loot and set the temples on fire. At least 12 temples were set ablaze and vandalized on the night of July 29 through to the early hours of Saturday. No fatalities were reported in the incident. However, financial losses are estimated to have reached into the billions of rupiah.

The riot began when Meliana complained about the loud voice of adzan emanating from the Al Maksum Mosque near her house. Irked by her complaint, people flooded her house and the situation escalated. To avoid a clash, Meliana and her family were taken to the police office.

A mob arrived at Meliana's house intending to set her house on fire. However, Meliana's neighbors prevented the mob from doing so. The angry mob then walked to a temple on Jl. Juanda and set it on fire. Fueled by the provocation, the mob moved to some more temples and looted them before setting them on fire.

Source: http://www.thejakartapost.com/news/2016/08/06/meliana-reported-blasphemy.html

Social media blamed for rioting in North Sumatra

Jakarta Post - August 1, 2016

Haeril Halim and Apriadi Gunawan, Jakarta/Tanjung Balai – While social media has been influential in effecting positive changes in society, it can have the opposite effect, as witnessed by the communal strife in Tanjung Balai, North Sumatra, which resulted in the torching of several Buddhist temples over the weekend.

Messages, circulating on the Facebook and WhatsApp messaging services, played a key role in inciting some Muslims in the area to take action against members of the local ethnic Chinese community following an incident involving a member of the Chinese-Indonesian community complaining about the volume of the adzan (call to prayer) at a local mosque.

The rioting led to the destruction of 10 Buddhist temples on Friday and Saturday.

Following the circulation of the messages, which incited Muslims to take action against those insulting Islam, a number of unidentified individuals made speeches that inflamed rioting in a city that had been free of sectarian clashes for decades.

The National Police are currently investigating the individuals behind the incitement and are expected to press charges for hate speech.

A local resident who claimed to have witnessed the incitement, Zulham Efendi, said the social media messages began making the rounds after members of the congregation of Al-Maksum Mosque in the neighborhood attacked the home of Meliana, the individual who had complained about the volume of the adzan.

Soon after the crowd gathered around her home, Zulham said that some of his friends received texts on their cellphones and had their Facebook pages bombarded with hate-filled messages.

"My friends showed to me the viral messages. They called on people to unite because their religion had been insulted," Zulham told The Jakarta Post on Sunday.

The mob attempted to torch Meliana's house but were prevented from doing so by neighbors and local residents. As the mob began to leave some in the crowd turned on a Buddhist temple near Meliana's house on Jl. Juanda, where a number of unidentified individuals could be seen making speeches.

"I have lived in Tanjung Balai for a long time but I don't know who these people are. It's likely that they are students," said Zulham.

No fatalities were reported in the rioting, but billions of rupiah in damage was caused to property.

Local police in Tanjung Balai, a coastal town in the eastern part of North Sumatra, said they were in control of the situation and named seven people suspects in the incident.

North Sumatra Police spokeswoman Comr. Rina Sari Ginting said residents had been enraged by Meliana's repeated complaints about the noise from Al-Maksum Mosque.

The police have evacuated Meliana from the neighborhood and moved her to a safe house. "Mobs threw stones and burned temples. This is the root of the chaotic situation," Rina said.

National Police chief Gen. Tito Karnavian, who traveled to Tanjung Balai on Saturday, warned that he would charge any individuals responsible for spreading hate-filled messages on social media.

Tito said the police would closely work with the Communications and Information Ministry to step up surveillance of social media in the country in an attempt to avoid a repeat of the Tanjung Balai riot.

He said that the 2008 Electronic Information and Transaction (ITE) Law could be used against those who used their social media platforms in a way that threatened public order.

"Do not distribute negative information that could incite people. Distributing hate speech is punishable under the ITE law," Tito warned.

[Margareth S. Aritonang contributed to this report from Jakarta.]

Source: http://www.thejakartapost.com/news/2016/08/01/social-media-blamed-rioting-north-sumatra.html

Religion & morality

Don't blast loudspeakers too long: JK

Jakarta Post - August 5, 2016

Jakarta – Vice President Jusuf Kalla has urged mosque managers to use loudspeakers accordingly in the wake of the anti-Chinese riot in Tanjung Balai, North Sumatra.

"The problem that we always talk about revolves around loudspeakers," Kalla said as quoted by tempo.co on Thursday.

The riot, which resulted in the torching of several Buddhists and Confucian temples and pagodas, in Tanjung Balai has been blamed on social media messages following an argument over the volume of a mosque loudspeaker.

Kalla said mosque authorities often turned up the volume of Quranic recitations prior to the adzan (call to prayer). "[Quranic] recitations go on for 30 minutes, but actually it only takes people five minutes to arrive at mosques after adzan," he said.

Source: http://www.thejakartapost.com/news/2016/08/05/national-scene-don-t-blast-loudspeakers-too-long-jk.html

Bikini noodles with 'squeeze me' slogan spark outrage in Indonesia

ABC Radio Australia - August 5, 2016

Samantha Hawley – A rice noodle snack with a drawing of a bikini-clad torso on the packaging and the slogan "squeeze me" is proving too revealing for Indonesian authorities, who fear the snack is "motivating children to enter the world of pornography".

Who would have thought a polka dot bikini would cause so much controversy, even if it is so very teenie weenie? In Muslim majority Indonesia, it does not take too much to offend.

The packaging of a rice noodle snack has authorities in meltdown and the slogan "remas aku" or "squeeze me" has them squirming. The rice noodles, called Bikini and sold only online, have a drawing of bikini-clad torso on the packaging that is proving too revealing for some.

Indonesia's Food and Drug Monitoring Agency has launched an investigation, the Bandung mayor says the product is immoral, and the Indonesian Child Protection Commission has demanded the so-called bikini noodles be withdrawn from the market.

"We want it pulled from distribution," Maria Ulfa from the Indonesian Commission on Children Protection told the ABC.

Authorities though are finding it difficult to track down the noodle porn perpetrators.

"Our staff tried to buy the noodles but it turns out the seller is checking the background of the possible buyers," Drug and Food Monitoring Agency chairwoman Penny Lukito said during an interview with the ABC. "It's clear that with such porn nuances there is no way we would let them go into the market."

Source: http://www.radioaustralia.net.au/international/2016-08-05/bikini-noodles-with-squeeze-me-slogan-spark-outrage-in-indonesia/1605540

Government bans 'Bikini' snack amid moral panic

Jakarta Post - August 5, 2016

Hans Nicholas Jong and Arya Dipa, Jakarta, Bandung – After telling instant messaging applications to remove stickers featuring same-sex couples and blurring pictures of cleavages on television, the government has now banned a snack after deeming its packaging "indecent" and "inappropriate".

The packaging of the snack, called "Bikini" or Bihun Kekinian (trendy rice noodles), features the torso of a woman in a bikini, complete with the words "remas aku" (squeeze me).

Following complaints from the Indonesian Consumers Foundation (YLKI), saying that the snack was inappropriate, especially for children, the Food and Drug Monitoring Agency (BPOM) is launching an investigation into the product.

"We have searched through our database and neither the producer nor the product came up. We are currently investigating to find out who the producer and distributor are," the agency's chairwoman, Penny Lukito, told The Jakarta Post.

She said that the agency had ordered its regional branches throughout the country to confiscate the products. "We will also coordinate with the Communications and Information Ministry to shut down the online sales," Penny said. "If needed, the case will be investigated by the National Police for cybercrime."

Bandung Mayor Ridwan Kamil has asked the product to be withdrawn from the market, saying that the country has moral values that need to be understood by businesses. According to the packaging, Bandung is where the snack is produced.

The BPOM's reactionary move is the latest example of government support for a conservative agenda, clamping down on anything it deems hazardous to the nation's "moral fibre".

"In the past few years, there have been attempts to make the morals of one religion the measure of all things and even national law. It's been happening since the anti-pornography law was passed," Human Rights watchdog Setara Institute deputy chairman Bonar Tigor Naipospos told the Post.

Bonar cited the government's recent attempt to remove stickers from instant messaging apps Line and WhatsApp featuring same-sex couples. "Slowly but surely, conservatism is creeping into the public sphere," he noted.

As for the Bikini snack, Bonar argued that the risque packaging was simply a marketing ploy and not an attack on children's morals. "It's just a marketing trick to attract as many customers as possible and those who can think clearly will see it as something funny and won't have dirty thoughts," Bonar said. "But people want to kill creativity just because the snack is deemed immoral."

Complaints, he said, arose from a small minority of conservatives. "If the government were able to think clearly, it would've urged the public to not make a mountain out of a molehill," he said.

Source: http://www.thejakartapost.com/news/2016/08/05/govt-bans-bikini-snack-amid-moral-panic.html

Agriculture & food security

Farmers cry foul over poultry surplus

Jakarta Post - August 5, 2016

Dewanti A. Wardhani, Jakarta – While the authorities are pulling out all the stops to deal with the skyrocketing price of beef, including by importing buffalo meat as substitute, players in the poultry industry have been quietly suffering from an oversupply that has dragged down prices and severely hurt small farmers.

The oversupply in the poultry industry was reportedly caused by the high volume of grandparent stock (GPS) imports in 2013 and 2014 as a result of an overestimation of demand by the government. Over 1.1 million GPS were imported during the two-year period.

In livestock breeding, grandparent stock refers to the livestock that will produce the parent of the final stock for human consumption. The Agriculture Ministry estimates that parent stocks number 30 million chickens, outstripping national demand by 50 percent.

Indonesian Poultryman Association executive Hartono said the oversupply had led independent farmers to experience losses from the beginning of the year.

The basic production cost, which includes food and cage maintenance, among other things, currently remains at Rp 18,500 (US$1.4) per kilogram of live bird, Hartono said. A broiler chicken, he added, is ready to be harvested after reaching 6 to 7 months old.

Over the past few months, the price of live birds from farms has been fluctuating, dropping to Rp 12,000 per kilogram at one point, according to data from the association.

Meanwhile, the government's official price watch website hargapangan.id reported on Thursday that chicken meat was sold at prices ranging from Rp 25,000 to Rp 50,000 per kg across the archipelago.

Hartono further said the government's existing policies were not in favor of independent poultry farmers. Farmers have repeatedly demanded government support, but to no avail, he said.

"The poultry industry should be an economic driver in rural areas, but the government has not shown support for independent poultry farmers," he said in a public discussion on Thursday.

For example, the 2009 Animal Husbandry and Animal Health Law, he said, does not differentiate between independent farmers and large poultry producers, meaning large firms are allowed to operate in markets.

As a result, independent farmers are facing difficulties to compete with their giant competitors, particularly in beating the latter's pricing strategies.

Earlier this year, the Agriculture Ministry issued a regulation on the supply, distribution and monitoring of chicken. The regulation includes the establishment of a team to monitor the industry, not only to determine the supply and demand but also to supervise the players.

The regulation also gave certainty of supply to independent poultry farmers. However, no progress has been made, Hartono claimed.

Indonesian Poultry Breeders Association chairman Antonius J. Supit, meanwhile, claimed that large firms had also suffered from the oversupply, though not to the extent of independent poultry farmers.

"If we keep chickens alive even for a day longer than the determined time, we need to spend more on chicken feed," Antonius said during the same discussion.

However, Anton quickly dismissed Hartono's suggestion for the government to give a greater supply portion to small farmers than to large firms. Instead, he suggested the two parties cooperate.

"This issue is not a matter of small farmers versus big firms; it's a matter of providing enough food for the people. We need to adapt and use cutting-edge technology to fulfill demand," he said.

Agriculture Ministry secretary-general Hari Priyono, meanwhile, said that the ministry was still working on formulating a win-win solution, not only for farmers and breeders but also for consumers.

"It's difficult for us to provide immediate solution for all stakeholders as the issue is very complicated," he said.

Source: http://www.thejakartapost.com/news/2016/08/05/farmers-cry-foul-over-poultry-surplus.html

Land & agrarian conflicts

Scared families stay in Komnas HAM office after land dispute

Jakarta Post - August 5, 2016

Severianus Endi, Pontianak – Forty-seven people, including children, stayed the night in the National Commission on Human Rights office in Pontianak in West Kalimantan on Thursday because they were afraid of being arrested by the police after a land dispute with a company.

Most of the residents were from Olak-Olak village in Kubu district, Kubu Raya regency. They left their village after a prolonged land dispute with oil palm plantation company PT Sintang Raya.

The head of the Komnas HAM West Kalimantan office, Kasful Anwar, told thejakartapost.com Friday that about 50 residents had talked to him at the Komnas HAM office on Monday, about the conflict, in which the police went to their village and arrested four residents.

Scared, almost 300 residents of the village left their homes and stayed in the provincial capital Pontianak and other places last week.

Kasful said the police had promised the residents that they would be safe and asked them to return to their village. "But many are still worried and scared of being arrested by the police," Kasful said.

West Kalimantan Police spokesperson, Adj. Sr. Comr. Suhadi SW said the police had followed procedure and had arrested people accused of stealing palm fruit bunches on the PT Sintang Raya concession recently.

"We sent summonses to the suspects with regard to the fruit bunches, but they failed to heed the summons, so we arrested them according to procedure," Suhadi said.

The residents have been in a prolonged land dispute with the company. The company's legal officer, Harlen Sitorus, said the residents wanted the company to return 11,000 hectares of concession land to them while he claimed the Supreme Court had ordered the company to return only 5 hectares. (evi)

Source: http://www.thejakartapost.com/news/2016/08/05/scared-families-stay-in-komnas-ham-office-after-land-dispute.html

Residents protest against barracks project

Jakarta Post - August 4, 2016

Apriadi Gunawan – Hundreds of residents of Sari Rejo subdistrict in Medan, North Sumatra, blocked an access road to the Soewondo Airbase in Medan on Wednesday in protest against the Air Force's claim to 260 hectares of disputed land, on which it intends to build a barracks.

The protest led to traffic congestion in the area, police deployed to the site failing to persuade the protesters to open the blockade on Jl. Polonia.

The protest came after the Air Force put up a banner announcing the planned development of housing for soldiers on the land. The banner also said that the program was conducted in cooperation with the Public Works and Public Housing Ministry and the Defense Ministry.

The residents protested the planned development because the land is still the subject of a legal dispute between the Air Force and local people; a Supreme Court ruling is pending. "Since when does the land belong to the Air Force? Where is the ruling? This is our land," Nuraisyah Nasution, one of the protesters, said on Wednesday.

She said the residents could not accept the planned development of the barracks on land they were currently occupying. She said the land belonged to the residents and that the Air Force had no right to develop a barracks there. "We have been living here since 1948. We have the ownership documents," Nuraisyah said.

Sari Rejo Community Forum (Formas) chair Moses Sihotang said that the Air Force had been gradually attempting to claim the 60 hectares of land through various means including intimidation. Providing an example of the intimidation, Moses said that the Air Force had burned down a public post in the Central Business District (CBD) of Polonia.

"We are used to intimidation. We will continue fighting until no matter when because the land belongs to the people," Moses said on the sidelines of the protest, adding that some 36,000 people or 5,600 families were living on the land.

Soewondo Airbase spokesman Maj. Jhony Tarigan denied that the Air Force had been intimidating the people to take control of the land. He also said that his side did not consider the protest a problem and that it was something normal.

He added that the planned development of the barracks would be continued despite the protest because it was for the sake of the state defense. "The barracks will be developed by the state for Air Force soldiers. It is built using state funds and is a state asset," Jhony told The Jakarta Post on Wednesday.

The dispute between the people of Sari Rejo and the Air Force has been going on for years with no sign of resolution. Both claim to be the legitimate owner of the land, with the Supreme Court set to decide which party is in the right.

Source: http://www.thejakartapost.com/news/2016/08/04/residents-protest-against-barracks-project.html

Kalijodo evictees live under toll road

Jakarta Post - August 4, 2016

Indra Budiari, Jakarta – Three women emerged out of their tents, and despite the scorching sun that day they ran toward a truck full of cardboard and scrap metal that was coming down from the main road. One of the women shouted "Finally, the debris!" to attract another group to join them.

About eight people climbed into the back of the truck to find decent-quality used cardboard boxes, giving the driver no choice but to stop the truck suddenly, jostling everything inside it. But the women did not seem to be bothered, as it gave them time to hunt.

A group of about 20 people has been living in makeshift tents erected under a toll road in Penjaringan, North Jakarta, since their houses were torn down by hundreds of officials deployed by the city administration during the clearance of the historic Kalijodo district in February.

"I used to think that it would only be a temporary shelter before I find a decent place to live," Deki Ratuprisa, a man in his early 40s, told The Jakarta Post as he lit up his third cigarette that day. "But here I am, almost six months later, and I'm starting to adjust to life in a tent under the toll road."

Deki's tent is a one-by-three-meter makeshift hovel that can barely accommodate a shabby bed for himself and his wife, a few clothes and a bag. The residents share a bathroom with others for taking baths and washing their clothes.

While his place is protected from rain by the road above it, cool nights and mosquitoes remain the biggest problems for them, but Deki, who works as a parking attendant, said he had no choice but to survive.

Everyone living long enough in this area is aware of the unwritten rules: Help your neighbors and do not commit any crimes, as that will put the entire community at risk.

"Some people have wrong ideas about our lives. I assure you that I, and some folks I know here, earn nothing but an honest living," he said.

The city administration in February evicted 1,340 families from Kalijodo – an area known as the oldest red-light district in the city that stretched along the border of North and West Jakarta – as part of a plan to turn the area into a green zone. Residents were promised low-cost apartments in Marunda, North Jakarta. However, only 202 families were entitled to the privilege. The remaining families were not eligible, as they did not possess Jakarta ID cards.

The Kalijodo evictions were considered a success by the city. Many residents had left their houses a few days before excavators were deployed to the district. However, as with any other forced relocation, the Kalijodo eviction left some evictees with a bleak future.

Along with 201 other Kalijodo families, Anthony Sianturi had obtained a low-cost apartment for a rental fee of Rp 170,000 (US$13) per month. However, the costly transportation to get to his workplace as a parking attendant forced him to move with his son to under the toll road, only 500 meters from the place he used to call home.

Anthony said his son had stomach ache a few days earlier, as hygiene was not a priority for the people living in the area. "He should pick his food more carefully from now on," he said. "It is not easy for a young child to live here."

Source: http://www.thejakartapost.com/news/2016/08/04/kalijodo-evictees-live-under-toll-road.html

Jokowi orders pause to cement projects

Jakarta Post - August 3, 2016

Ina Parlina, Jakarta – The people of the Kendeng Mountains in the northern part of Central Java can now breathe a temporary sigh of relief following an order from President Joko "Jokowi" Widodo that further environmental impact analyses would be needed before cement factory operations and mining could start in the area.

Following his meeting with the Kendeng women, who are known in the media as the Kartini of Kendeng and grabbed headlines for planting their feet into cement pulp to protest the construction of cement factories in their area, Jokowi said that the analyses are to ensure that the construction of cement factories in the karst topographical region would not damage the environment.

The residents of Kendeng have been fighting for years to stop the development of the factories they believed would threaten their livelihoods and their sources of water. Some companies, including state-owned PT Semen Indonesia, are expected to open factories in the area soon. Construction of PT Semen's factory is 95 percent complete.

On Tuesday, Jokowi Widodo ordered relevant ministries to start the study, known as a strategic environmental assessment (KLHS), an environmental assessment that regional administrations have to carry out before issuing permits for land or forest management, as stipulated in the 2009 law on environmental management and protection.

With Jokowi's order, any future mining activities in the areas can only be conducted after the environmental study yields its final results, although construction of factories in the area can continue.

The President has tasked Presidential Chief of Staff Teten Masduki to lead the study that also involves a number of ministries, including the Environment and Forestry Ministry, and local administrations in the area.

"Probably the study will wrap up after one year," said Teten, who accompanied Jokowi during the meeting and has previously engaged in a meeting with the Kendeng people.

"The result of the study will become a reference for us all, whether the local administrations, the central government, investors, or the locals," Teten added.

Both Jokowi and the Kendeng farmers, according to Teten, engaged in a discussion in the Javanese language during the meeting.

Jokowi also urged Semen Indonesia to start conducting comprehensive dialogues with the Kendeng people and the local administrations.

Responding to Jokowi's decision, representatives from the Mt. Kendeng Society Network (JMPPK) said that people from the area to be affected by the cement plants, people in Rembang, Pati and Grobogan, could now play a larger role deciding the fate of the mining activities in the karst region.

"The local residents are ready to engage in dialogue [with all relevant parties]," said one of the Kendeng farmers, Gunretno.

Gunretno said that the Kendeng people had never been consulted regarding the plan to open cement factories in the area.

Semen Indonesia corporate secretary Agung Wiharto said his firm would wait for official notification from the government before making any decision related to the Kendeng issue. The company plans to conduct trial operations in October this year before commercial production starts next year.

Other cement firms such as PT Sahabat Mulia Sakti, a subsidiary of the big cement company PT Indocement, PT Vanda Prima Listri and PT Imasco Tambang have announced plans to build cement plants in Pati, Grobogan and Blora.

In November 2015, Semarang State Administrative Court (PTUN) annulled the plans to construct a cement plant in Pati as they violated the regional regulation on spatial planning. However, other development plans are still being processed.

Source: http://www.thejakartapost.com/news/2016/08/03/jokowi-orders-pause-

Hundreds leave home in palm oil conflict

Jakarta Post - August 2, 2016

Severianus Endi, Pontianak – Hundreds of residents from several hamlets in West Kalimantan have fled their homes to avoid arrest over their alleged involvement in a conflict with an oil palm company operating plantations in the area.

The residents from the area around the village of Olak-Olak in Kubu district, Kubu Raya regency, have reportedly escaped to regions in and around Pontianak City.

In search of support, around 50 of them approached the West Kalimantan chapter of the National Commission on Human Rights (Komnas HAM) in Pontianak on Monday to report the case. Some women were crying while carrying their children, who have not attended school for nearly a week.

Olak-Olak village leader Musri said the conflict had erupted on Feb. 24, when the community held a rally against the company, PT Sintang Raya, to proclaim their land rights in the concession areas. On July 9, the community protested again, this time by harvesting oil palms in the plantation area, reportedly under the eyes of the police.

"On July 23, the residents held a peaceful rally by occupying the company's concession area and setting up camp there. Their goal was to draw the sympathy of the government to immediately resolve the dispute," said Musri.

The rally turned violent, however, as they pushed and shoved with police. A police member fell to the ground, and residents were accused of assaulting him.

"The residents returned home after the incident, but on July 25, police raided our village and arrested four residents, treating them like terrorists," said Musri.

Apparently fearing further arrests, villagers fled from their homes. Olak-Olak village public affairs head Sunarno estimated that almost 300 villagers had left as of Monday.

Meanwhile, PT Sintang Raya legal affairs head Harlen Sitorus called the oil palm harvest by residents theft and said the same perpetrators were indicated to have participated in the rally on July 23. The company filed reports with Mempawah Police over theft by residents alleged to have taken place on July 9, 10 and 17.

"Police have seized 62.8 tons of oil palm fruits as evidence," said Harlen, adding that the rally on July 23 had been motivated by a number of NGOs the company regarded as provocateurs.

Harlen also mentioned a lawsuit filed by residents with the aim to nullify the company's land use rights to the area of 11,130 hectares. After passing through the entire appeals process, the lawsuit ended with the Supreme Court ordering PT Sintang Raya to give up 5 hectares of its concession area for local residents.

"The area of land that we must release is only 5 hectares, not the whole concession area, as demanded by the residents," said Harlen.

West Kalimantan Police chief spokesman Adj. Sr. Comr. Suhadi SW said police personnel had been at the scene of the rally to prevent conflict. He denied that the officers had tried to arrest all residents involved in the rally.

"If there were unlawful actions there, police must provide security," said Suhadi. He also denied accusations that police were siding with the company.

Source: http://www.thejakartapost.com/news/2016/08/02/hundreds-leave-home-palm-oil-conflict.html

Manggarai residents oppose KAI's eviction

Jakarta Post - August 1, 2016

Jakarta – Dozens of residents staged a protest over state-owned railway company PT KAI's plan to evict residents from their houses in Manggarai, South Jakarta, on Sunday. The residents, mostly retired railway company workers, grouped under the State Land and House Occupants Community (KPRTN), object to the company's plan to evict them from the houses they have occupied for more than 30 years.

KPRTN spokesperson Puji Haryadi said the protestors repeatedly hit their kentongan (traditional drum) as a symbol of their objection. "By sounding the kentongan, we hope the officials at KAI listen to us," he said, as quoted by tribunnews.com.

Puji, a retired employee of PJKA, which was later renamed KAI, has been living in Manggarai since 1955. He said the residents also urged the railway company to prove its ownership of the land on which their houses sit.

"We want the company to prove they own the land, because as far as we know, KAI is a private company, not a state company," he said. "We have been living here for 30 years. According to the Criminal Code [KUHP], those who have been living on land for 30 years can claim ownership," he claimed.

Manggarai Station is set to become a major transit hub for railways, as it will connect to the Soekarno-Hatta International Airport railway.

Source: http://www.thejakartapost.com/news/2016/08/01/greater-jakarta-manggarai-residents-oppose-kai-s-eviction.html

Language & culture

Indonesia's ethnic languages at the risk of extinction: Ministry

Jakarta Globe - August 2, 2016

Jakarta – The Ministry of Education and Culture's Head of Language Development Agency, Dadang Sunendar, has said that 139 ethnic languages in Indonesia are at risk of falling out of use.

The agency has identified 617 languages, 139 of which are endangered languages and 15 are already extinct.

"That is from language agency's data. The data may be different overseas," Dadang said in Bandung, West Java, as reported by Antara on Tuesday (02/08).

He added that the endangered languages have been less often used due to the negative attitudes of their speakers towards their native tongues.

Dadang believes that government's efforts to protect Indonesia's heritage must continue, especially under the 2009 Law on the National Flag, Language, Emblem and Anthem.

"The ministry of education and culture has the responsibility to conserve and protect the national heritage," he added as he welcomed the First Native Languages Congress organized by the West Java provincial government, in partnership with Rancage Cultural Foundation and the ministry's Language Development Agency.

"For me, this [congress] gives hope for us to make history, especially to make the younger generations able to converse in their native languages," Dadang stated.

Source: http://jakartaglobe.beritasatu.com/news/indonesias-ethnic-languages-risk-extinction-ministry/

Governance & administration

Budget cut spillover looms

Jakarta Post - August 5, 2016

Prima Wirayani, Farida Susanty and Stefani Ribka, Jakarta – While announcing a second round of cuts to this year's state budget, Sri Mulyani Indrawati, installed as finance minister only a week ago, has given an assurance the austerity measures will not affect state spending priorities such as infrastructure and social assistance expenditure.

However, the reality may not be as conducive. The government's fiscal space is so narrow that even when operational and non-productive spending – such as on trips and meetings – is cut, productive expenditure may still need to be axed, said Indonesian Institute of Sciences (LIPI) economist Latif Adam.

"I suspect the government will also reduce its capital expenditure," Latif said. "It's highly possible that some development programs will face postponement."

President Joko "Jokowi" Widodo, who called on Wednesday for ministries and state institutions to be "disciplined in making savings in expenditure", has given his blessing to Sri Mulyani to slash over Rp 133 trillion (US$10.1 billion) off the revised 2016 state budget as the tax shortfall is expected to hit Rp 219 trillion.

As a result of the shortfall the fiscal deficit could soar to 2.5 percent of the country's gross domestic product (GDP), nearing the legally permissible level of 3 percent, and in comparison with the initial forecast of 2.35 percent.

"I'm sure the state budget can still stimulate the economy because the cuts will not happen to infrastructure and already signed deals will not be disrupted," said Sri Mulyani, former World Bank managing director, regarded widely as a neoliberal economist.

Jokowi, known for his populist image, has put infrastructure at the top of his priority list as he aims to stoke growth in the country, which has seen economic growth slumping to the lowest level in six years in 2015. But his ambitious tax targets have their taken toll on this agenda.

Government spending for ministries and institutions had already been cut by Rp 16.3 trillion in the revised 2016 state budget, passed into law at the end of June, when tax collection had only reached a third of the full-year target despite being halfway through the year.

Those cuts, which were much lower than the latest planned Rp 133 trillion, translated into ministries responsible for infrastructure construction, such as the Public Works and Public Housing Ministry and Transportation Ministry, putting several of their projects on hold.

Some national strategic railway projects have been affected, including the Madiun-Kedungbanteng double-track project in East Java, which is a part of the trans-Java railway project, and the Makassar-Parepare railway construction in South Sulawesi, part of the trans-Sulawesi project.

Other projects include port facilities in Tanjung Mocoh, Riau, and Labuhan Angin, Medan, North Sumatra, as well as a lighthouse in Ambon, Maluku.

Samuel Asset Management economist Lana Soelistianingsih said the cash-strapped budget had affected several construction companies as they were already experiencing payment delays from the government. The delays have multiplied to affect the companies' business partners, such as material suppliers and subcontract workers, she added.

Publicly listed firm Surya Semesta Internusa, involved in construction, industrial estates and hotels, expects construction projects from the government to decline, while its hotel business will be affected by fewer meetings and working trips.

"This situation has led to state-run construction companies bidding for private-sector projects, causing fiercer competition with private firms," said the firm's investor relations officer Erlin Budiman.

Meanwhile, with regard to its industrial estate business Erlin said the effect would not be significant because its clients were mostly private-sector manufacturers and consumer goods firms.

Department store firm Ramayana Lestari Sentosa director Suryanto said the cuts would only affect the retail industry if the unemployment rate started to increase.

Bahana Securities research head Harry Su, who feels the budget cuts are an important factor in creating a more credible state budget, said that the adverse effects of the cuts could be contained if the central bank joined forces by easing its monetary policy.

"We hope there will be interest rate cuts by Bank Indonesia [BI] to prop up growth," he said. The central bank has cut its benchmark BI rate by 100 basis points so far this year to 6.5 percent at present in a bid to stoke growth in Southeast Asia's largest economy.

Member of House of Representatives Commission XI overseeing financial affairs Mukhamad Misbakhun, a Golkar Party politician, said the government would need to propose a second revision of the 2016 state budget in order to formulate its new budget plans but cautioned against overly severe cutbacks.

"With budget cuts, economic contraction will occur, as government spending is slashed and purchasing power drops. It will automatically lead to a slowdown," he added.

Source: http://www.thejakartapost.com/news/2016/08/05/budget-cut-spillover-looms.html

Government to cut budget again

Jakarta Post - August 4, 2016

Fedina S. Sundaryani and Prima Wirayani, Jakarta – Further budget cuts are a bitter pill the government will have to swallow as it seeks to maintain the budget in a healthy state for the rest of the year.

Not tight enough, that is what seems to be on the government's mind when it comes to this year's state budget. One month after revising the 2016 state budget, the government is planning to implement more austerity measures to cope with the higher-than-predicted budget shortfall, especially stemming from low taxation revenues.

The revenue shortfall is projected to surge to Rp 219 trillion (US$16.7 billion) from the previous estimate of Rp 190 trillion, and several options were already on the table, said newly appointed Finance Minister Sri Mulyani Indrawati.

"We have to adjust [the state] spending, so that the deficit is kept at a level that will not trigger trust issues regarding the state budget," she said on Wednesday.

The government has decided to further slash its spending by Rp 133.8 trillion. As much as Rp 65 trillion will be taken from ministerial and agency spending and Rp 68.8 trillion from the regional transfer funds.

The spending cut to be faced by ministries and agencies is deeper than the Rp 16.3 trillion cut in the June revision. With the additional reduction, the ministries and agencies will be left with Rp 702.8 trillion in spending allocation from the initially planned Rp 767.8 trillion.

Sri Mulyani attributed the larger shortfall projection to macroeconomic calculations in the revised budget that were "too high" and "did not reflect the reality of the economic situation".

Low commodity prices and a decrease in trade activities as a result of the sluggish global economy are among the factors hindering state revenue collection.

As a result of the unrealistic budgetary calculations, the budget deficit had already reached Rp 230.7 trillion by the end of June, equal to 1.83 percent of the whole budget, whereas the government had set 2.35 percent as the deficit limit in the revision.

With the new estimated shortfall, the government is now braced for the deficit to widen to 2.5 percent, which is, however, still below the 3 percent limit stipulated by law.

Consequently, the former World Bank managing director said the best course of action would be to cut spending on activities that were not a priority, including business meetings, working trips and the construction of government buildings.

The Finance Ministry will also cooperate with the Office of the Coordinating Economic Minister and the National Development Agency (Bappenas) to explore other efficiency measures to be implemented to allow for appropriate spending on infrastructure, education and health.

As for the rest, the government will maintain a growth-supportive state budget that is still accurate in spending and revenues so that it can build public confidence in the country's economy, she said. "The President has agreed to this and we will start implementing [the cuts]," Sri Mulyani asserted.

However, as with all actions, the move will have consequences. Economists said the austerity policy would affect this year's economic growth, especially if the government's capital expenditure fell victim to the cuts as well.

Lower capital expenditure would have a deeper adverse effect on economic growth as such expenditure usually triggered other economic activities, said Bank Central Asia (BCA) economist David Sumual.

Samuel Asset Management economist Lana Soelistianingsih expressed a similar view, saying the spending cuts and wider deficit estimate were logical because the taxation revenue shortfall was "inevitable amid a slow economy".

The implementation of the Tax Amnesty Law – previously expected to salvage the budget – does not seem to be helpful because it has attracted less interest than expected.

The government is aiming to collect Rp 165 trillion from penalties under the amnesty program. However, as of July 31, income from penalties only stood at Rp 84.46 billion, a tiny 0.05 percent of the target.

"There will be impacts on economic growth, but I think we can still accept it if the economy grows by 4.9 percent to 5 percent," Lana said.

Source: http://www.thejakartapost.com/news/2016/08/04/govt-to-cut-budget-again.html

Deficit rings alarm bells

Jakarta Post - August 1, 2016

Prima Wirayani, Jakarta/Nusa Dua – The government's widening budget deficit may have an adverse effect on the overall economy as public spending may have to be slashed as a result of declining revenues.

The deficit problem has also led to calls by economists to raise the legal threshold for the state budget deficit – currently at 3 percent of the country's gross domestic product (GDP) – so that the government can continue to work on many projects without having to cut spending when revenue collection is sluggish.

Halfway through the year, the state budget deficit has reached Rp 230.7 trillion (US$17.6 billion), 1.83 percent of the country's GDP, as a result of a tax revenue shortfall, according to government data as of June.

The figure is almost triple the amount seen in the same period last year and is already three-quarters of the overall budget deficit predicted for the whole year at Rp 296.7 trillion, 2.35 percent of the GDP.

Mandiri Sekuritas chief economist Leo Putra Rinaldy said with regard to the grim first-half figures that the government might not have the capacity to spend as much as it hoped for in order to boost growth in the persistently weak economy and would need to resort to private financing instead. Indonesia's economy grew at a six-year low level of 4.79 percent last year although growth is forecast to recover to 5.2 percent this year.

He especially expressed concern about a repeat of last year's situation, which saw the state budget deficit reach 2.8 percent of GDP, very near the legal threshold and far greater than the 1.9 percent target in the revised 2015 state budget, after the tax collection shortfall. The deficit then narrowed to 2.6 percent by the end of the year.

"If it takes the same path this year, investors will be reluctant to put their funds in because the government will tax everything," Leo said during a media discussion held by Bank Indonesia (BI) in Nusa Dua, Bali, on Sunday.

The government is relying on an estimated Rp 165 trillion of its projected Rp 1.53 quadrillion tax revenue to come from its tax amnesty program, which, it is hoped, will see billions of dollars currently parked by Indonesian taxpayers overseas, declared in exchange for pardons for past tax crimes and with low penalty rates of between 2 and 10 percent.

International credit ratings agency Standard & Poor's (S&P) has predicted a 2.7 percent budget deficit by the end of the year, raising concern over the nation's fiscal health and leading the agency to refrain from giving Indonesia's sovereign credit rating an investment grade earlier this year.

If the government does not cut around Rp 80 to Rp 90 trillion of its spending amid the shortfall in revenue collection, the state budget deficit could exceed the 3 percent legal limit, Bank Permata economist Josua Pardede has warned.

"The government has to have an earlier warning system in case this year's target has been missed as well," he said, forecasting that tax revenues would grow by 8 percent on last year's achievement of Rp 1.06 quadrillion, this in comparison with the government's target of an increase of better than 20 percent.

Several economists have resurrected the discourse about revising the State Finance Law, which stipulates the 3 percent deficit threshold.

Maybank economist Juniman said as a country that was still developing its infrastructure, Indonesia needed wider deficit room. Bank Mandiri chief economist Anton Gunawan expressed a similar view, saying the 3 percent limit was too rigid.

However, former finance minister Bambang Brodjonegoro was quick to dismiss the possibility. "I wouldn't want to widen it [the deficit]. It's already safe," he said recently.

Newly installed Finance Minister Sri Mulyani Indrawati said her office was still thoroughly examining the state budget, which has an "ambitious" revenue target, to make it credible.

Source: http://www.thejakartapost.com/news/2016/08/01/deficit-rings-alarm-bells.html

Jakarta & urban life

Opposition to Ahok grows louder

Jakarta Post - August 4, 2016

Agnes Anya, Jakarta – As Jakarta's gubernatorial election approaches, numerous communities in the capital are starting to openly express their opposition to incumbent candidate Basuki "Ahok" Tjahaja Purnama, whose direct manner is said by some to be his Achilles heel.

One of those communities is RT/RW Forum, a group which consists of neighborhood and community unit (RT and RW) heads in the capital. The group recently invited residents not to vote for "an unjust leader".

The forum has circulated a form, hoping to collect 3 million ID copies from residents, as an expression of opposition toward Jakarta's governor, who, in their account, "conducts evictions without discussion, supports anti-poor people policies, has ill manners and harasses RT and RW heads."

"This movement was initiated by me and the others. This is not a political issue and we are not backed by some particular party or interest group. It is just the RT and RW heads in the capital," said Andi Pane, one of the RT and RW Forum founders and initiators of the "3-million ID movement".

Andi further denied that the invitation to residents was designed to influence them to vote against Ahok.

However, he admitted that he and other founders established the forum in June due to their disappointment over Ahok's "high-handed policies," particularly Gubernatorial Decree No. 903/2016 on the tasks and functions of RT and RW heads.

In the decree, the administration demands that RT and RW heads send three daily reports on the condition of their neighborhoods to public monitoring application Qlue. In exchange, the heads receive Rp 10,000 (76 US Cents) or Rp 12,500 for every report they send.

However, the heads, some of whom are seniors and businessmen, have declined to comply with the policy as they find the obligation to be burdensome. In June, they reported the issue to the City Council.

Responding to the dissatisfaction of RT and RW heads, Ahok suggested that those who refused to comply with the policy resign from their positions.

Acknowledging the movement separately on Wednesday, Ahok labeled the 3-million ID initiative a legitimate expression of aspiration in a democratic society.

However, he added that the RT and RW heads who initiated the movement should resign from their positions because the movement harbored political overtones.

"The movement is acceptable in this democratic country. However, they should resign. Those receiving fees from the city's budget cannot take part in politics. They have played a role in politics," Ahok said, adding that the success of the movement would be proven or disproven in next year's election.

Besides the RT/RW Forum, communities in Luarbatang, North Jakarta and Condet, East Jakarta, earlier expressed their opposition to Ahok for similar reasons. A recent survey by the psychology and political laboratory at University Indonesia (UI) found that Ahok ranked poorly in terms of temperament.

Meanwhile, Indikator Politik Indonesia (IPI) political analyst Burhanuddin Muhtadi believes the movement is just a psychological ploy allegedly initiated by Ahok's opposition.

"I think the movement is just weasel words that likely will not be realized. Gathering 3 million IDs is not an easy thing," said Burhanuddin, adding that the forum did not represent all RT and RW heads in the capital.

"There is an indication that this is part of political maneuvers by Ahok's opposition. On the brighter side, it is a sign that Ahok should listen more to people who do not like his manner of political communication, as well as his temperament. Although he was born like that, he has to manage it better," Burhanuddin said.

Source: http://www.thejakartapost.com/news/2016/08/04/opposition-ahok-grows-louder.html

Rizal Ramli for governor: Labor unions

Jakarta Post - August 3, 2016

Jakarta – The Confederation of Indonesian Workers Unions (KSPI) declared its support on Tuesday for Rizal Ramli – former coordinating maritime affairs minister – in the 2017 Jakarta gubernatorial election.

KSPI chairman Said Iqbal said labor unions would continue to garner support from both the public and political parties for Rizal.

"We are going to approach some political parties, including the Indonesian Democratic Party of Struggle (PDI-P), the National Mandate Party (PAN), the National Awakening Party (PKB) and the United Party Development (PPP)," he said.

Iqbal said he believed Rizal had shown promise and that should he lead Jakarta in the future, he would listen to the aspirations of workers and the poor.

To gain more support, the KSPI will conduct a long march in the city to promote Rizal as the next governor, he said, without specifying a date.

Source: http://www.thejakartapost.com/news/2016/08/03/greater-jakarta-rizal-ramli-governor-labor-unions.html

Armed forces & defense

Man admits to smuggling guns for Indonesian guards

Associated Press - August 4, 2016

Dover, N.H., United States – A man has admitted to his role in a conspiracy to illegally purchase guns in New Hampshire and Maine and smuggle them out of the country for use by the Indonesian Presidential Guard.

Feki Sumual, of Dover, New Hampshire, pleaded guilty Wednesday in Concord to federal charges of conspiracy to smuggle firearms from the United States and several counts of making false statements.

Prosecutors say Sumual's estranged wife approached police and reported her husband for trafficking firearms. The 9 mm handguns were bought at local stores and given to the protective security detail of Indonesia's president and vice president.

Sumual testified that his nephew and three members of the Presidential Guard hatched the scheme in 2014. Sumual faces a maximum sentence of five years behind bars when he's sentenced in November.

Source: http://www.thejakartapost.com/news/2016/08/04/man-admits-to-smuggling-guns-for-indonesian-guards.html

Defense bigwigs discuss maritime security in Bali

Jakarta Post - August 2, 2016

Ni Komang Erviani, Nusa Dua, Bali – Indonesian Defense Minister Ryamizard Ryacudu, Malaysian Defense Minister Hishammuddin Tun Hussein and Philippine National Defense Minister Delfin N Lorenzana are in Nusa Dua, Bali, for the third Trilateral Defense Ministers Meeting on Tuesday.

Among the key issues they will discuss is maritime security around the Sulu Sea in the Philippines. Ryamizard emphasized the importance of trilateral cooperation when dealing with security challenges associated with the country's sea borders.

"This meeting is not only important but also shows the robustness of the strategic partnership and defense cooperation between the three countries," Ryamizard said at the opening ceremony of the meeting.

"I feel very optimistic with the steps taken in this trilateral cooperation, considering that since the first meeting on the sidelines of ADMM in May in Laos, we have had the foundation of the same views and thoughts," he added.

The Bali meeting is a follow up to the joint declaration on maritime security signed by the three countries on May 5. The meeting will center on the mechanism for joint sea patrols, as well as discuss efforts to prevent piracy and terrorism in regional waters.

The talks come after the abduction of three Indonesian sailors in Malaysian Sabah waters in early July, less than a month after the kidnapping of seven Indonesian ship crew members by Philippine militant groups in southern Philippines waters. The kidnapped sailors are still being held hostage by the militant groups. (dmr)

Source: http://www.thejakartapost.com/news/2016/08/02/defense-bigwigs-discuss-maritime-security-in-bali.html

Criminal justice & legal system

Indonesia will not abolish death penalty, Wiranto says

Jakarta Post - August 3, 2016

Marguerite Afra Sapiie, Jakarta – Coordinating Political, Legal, and Security Affairs Minister Wiranto has stressed that the government would not consider abolishing the death penalty, and therefore there was no need to evaluate prevailing laws.

"This is our law. Despite some pressures on us, we have our national legal jurisdiction," Wiranto said on Tuesday.

The death penalty is a harsh punishment, he said, but it is needed to protect many people from the dangers of narcotics and related crimes.

Wiranto's statement ran directly against that of Cabinet Secretary Pramono Anung, who said that the government and House of Representatives planned to evaluate the death penalty.

Human rights groups and the international community have long urged the government to abolish or adopt a moratorium on the death penalty, saying that it is a cruel and inhumane punishment, which has also failed to create a deterrent effect.

Indonesia executed four drug convicts in the early hours of last Friday, with further legal processes sparing the lives of 10 other death-row convicts who were slated to be killed. (bbn)

Source: http://www.thejakartapost.com/news/2016/08/03/indonesia-will-not-abolish-death-penalty-wiranto-says.html

After escaping death, convicts fight for clemency

Jakarta Post - August 3, 2016

Margareth S. Aritonang and Ina Parlina, Jakarta – The death row inmates whose lives were spared on the night of their planned executions last week are struggling and waiting for President Joko "Jokowi" Widodo to decide whether he will grant them clemency, a disputed legal instrument that failed to save other inmates.

This includes Pakistani Zulfiqar Ali, who eventually caved in to requesting clemency after previously insisting on being innocent: "A bitter decision" as his lawyer Saut Edward Rajagukguk described, but necessary to save his life.

On early Friday, the government executed four drug traffickers while sparing the lives of another 10 on the initial list, arguing hazy legal and non-legal grounds for the decision.

The Attorney General's Office (AGO), for instance, executed three inmates – Indonesian Freddy Budiman, Nigerians Seck Osmane and Humphrey Jefferson – who had filed for clemency, while sparing another three from the list – Indonesians Merri Utami, Agus Hadi and Pujo Lestari, who had done the same.

The decision has drawn criticism, with accusations that the AGO carried out the executions without the knowledge of the President, who is supposed to give the results of clemency proposals before convicts can be executed.

Saut said the AGO must not proceed with more executions until Jokowi answered convicts' clemency pleas. "Attorney General [Muhammad Prasetyo] should be ready for legal challenges by many people if he insists on carry on with the plan," Saut told The Jakarta Post on Tuesday. "I will definitely file a lawsuit against him if he ignores my client's appeal for clemency."

Ricky Gunawan from the Community Legal Aid Institute (LBH Masyarakat), the lawyer of Merri, said that Merri filed for clemency on July 26, while Agus and Pujo on July 27.

Indian Gurdip Singh, another convict spared from Friday's executions, also plans to file for clemency. Gurdip's lawyer, Afdal Muhammad, said that he too would soon file a clemency plea on behalf of his client. "We will do so immediately," Afdal said.

Arguing on a provision in the Clemency Law that had been scrapped, the AGO said Jefferson's clemency request was considered invalid.

The law initially limited appeals to be lodged within a year after a final verdict was handed down, but the article mandating the limit was revoked by the Constitutional Court in June.

If it is proven that the AGO ignored the court ruling, the executions of the three with clemency pleas still being processed can be considered illegal, said former Constitutional Court justice Laica Marzuki. "As stipulated in the Constitution, the Constitutional Court's rulings are final," Laica said.

The concern that the AGO may have ignored the Constitution was also raised by constitutional law expert Feri Amsari, who said that "regardless of the absence of forceful measures, all should respect Constitutional Court rulings".

While the law gives the President three months to decide on whether to grant clemency after he receives input from the Supreme Court, convicts can also turn to the Prosecutors Commission, a body tasked with keeping an eye on the AGO, for justice should they suspect the AGO of foul play. "We also monitor and evaluate public cases," Erna Ratnaningsih of the Prosecutors Commission said.

Source: http://www.thejakartapost.com/news/2016/08/03/after-escaping-death-convicts-fight-clemency.html

At corrupt, overflowing penitentiaries, money rules

Jakarta Post - August 2, 2016

Corruption, drugs, extortion and bullying at penitentiaries are an open secret, and the chronic ills persist even as governments come and go. The Jakarta Post's Nani Afrida and Arya Dipa report on the appalling conditions in prisons in Bali, Jakarta and Bandung through visits and interviews with ex-prisoners.

"If you get a peek inside a prison cell and you see a socket on the wall, that means the occupants spends a lot of money on amenities, which are supposed to be provided by the state free of charge," says Andreas, a former recidivist.

The 38-year-old has served time in the top-security prisons of Cipinang and Salemba in Jakarta and Kerobokan in Bali for drug crimes and assault. The six years he has spent behind bars have made him a penitentiary "expert".

Before his incarceration, he innocently believed that everything would be available for free. In an interview with The Jakarta Post, he vividly recalled the extravagant sums of money a detainee has to shell out just to survive in a typically overcrowded facility riddled with corrupt practices.

Prisoners have to fork out money from their own pockets from the very moment they arrive and are placed in an overcrowded hall that functions as temporary accommodation before they are issued a permanent cell.

If speedy transfer to a reasonably unmalodorous cell is what they want, they have to grease the palm of the tough guy who acts as the cell chief; otherwise, they may be there much longer and put their destiny in the warden's hands. But, again, a cell comes at a price.

Zen, a drug convict released in May after spending a year and a half in the Bandung narcotics penitentiary, says the transfer "fee" is at least Rp 2 million (US$153) payable to the cell chief, but is unsure of the ultimate destination of the money. "The fee can reach a whopping Rp 10 million, depending on the newcomer's financial wealth," he adds.

Once the prisoner is in his cell, he is still subject to charges, as prisoners have to pay monthly fees for electricity and water. Zen recalls that his monthly fee was Rp 25,000.

Just like different rooms in a hotel, cells in a penitentiary are available in different categories based on the number of occupants. The fewer the occupants, the higher the price tag, Andreas says.

Usually, the least crowded cell falls under "type 1" and costs between Rp 15 million and Rp 20 million, while the most populated is branded "type 7" and sets the new criminal guest back between Rp 1.5 million and Rp 3 million.

Aside from the millions in cell entry fees, new convicts are liable to pay for a whole host of services and amenities once they have settled in. One of the various dues is a weekly fee of about Rp 300,000 for water, sanitation and a private assistant.

A first-time prisoner is subject to a charge of Rp 1 million in "introduction" money that he must pay to the cell chief. "Failure to pay would result in you being treated as an outsider. Nobody would talk to you. They would make you squat for hours and wouldn't allow you to take a shower," Andreas says.

In the facility where the state is not fully in control, money reigns. If prisoners don't like the food, they can go to the canteen, which is in reality intended for employees and guests. The cheapest lunch costs them Rp 5,000.

"If you are a prisoner, make sure you don't get a serious illness, otherwise you will have to spend a lot of money to hire an ambulance to take you to the hospital and pay the accompanying guards."

Every penitentiary does have its own clinic, but it is scarcely fit for purpose. "They only have CTM [Chlorfeniramin Maleat] for all ailments," Andreas says, laughing.

Visitors, too, have to shoulder the burden of rampant illegal charges. If they refuse to pay Rp 5,000-Rp 10,000 per visit, penitentiary guards will find the detainees and collect the cash. At the narcotics penitentiary in Bandung, a detainee has to pay at least Rp 150,000 after receiving a family visit. During Idul Fitri holidays, that fee could rise to Rp 500,000.

Too steamy inside the cell? No problem, as long as convicts in every room pay an additional Rp 150,000 a month for an electric fan.

Need a cell phone to communicate with the outside world? Easy. Many prisoners have cell phones and can easily buy phone credit through debit machines in the prison.

"You can bribe the guard to smuggle in a cell phone for you. The cost depends on the type and model of your phone, usually between Rp 100,000 to Rp 300,000," Andreas says.

The substantial sum of money that convicts need to pay their dues has been blamed for the rife crime within penitentiaries, such as drug dealing and gambling.

In an extreme display of lax security that seems singular to Indonesia, police busted a drug production facility owned by Freddy Budiman, who was executed on Nusakambangan Island this week, at Cipinang Penitentiary in 2013.

The chronic corruption and crime within penitentiaries are an open public secret, but while the government has acknowledged the problem, it has taken little action to reform the system.

Akbar Hadi, a spokesperson from the Law and Human Rights Ministry's Directorate General of Penitentiaries, says the government has been doing its best to reform the bureaucracy and bring an end to corrupt practices in penitentiaries.

Among important measures that the government has been taking is to cut bureaucratic procedures and to introduce technology for detainees to check the remaining time they have to serve. In the past, convicts had to pay and carry out complicated procedures to find out when they would be freed.

"We're combating illegal practices and improving the system in penitentiaries. I think it is better now," Akbar says.

The government has also been struggling with a shortage of prison guards and overcapacity. Currently, Indonesia runs 477 prisons designed to accommodate 119,000 detainees, but in reality they house 199,000 people.

"Currently we just have 11,000 officers to guard 199,000 prisoners. To reach an ideal proportion, we need an additional 17,000 new officers," Akbar said.

Source: http://www.thejakartapost.com/news/2016/08/02/at-corrupt-overflowing-penitentiaries-money-rules.html

Government 'must give reasons behind executions'

Jakarta Post - August 2, 2016

Jakarta – House of Representatives deputy speaker Fadli Zon said on Monday that the government must explain the reasons behind its decision to execute only four of 14 death-row inmates scheduled for execution last week.

The Gerindra Party politician questioned whether the stays of execution for the 10 convicts were due to calls from foreign governments.

"The Attorney General's Office [AGO] is not being clear about this. What is going on? Is there a party asking for the execution to be held?" he said as quoted by kompas.com.

Last Friday, a firing squad shot dead four inmates – Freddy Budiman, Seck Osmane, Michael Titus and Humphrey Ejike – and spared the remaining death row convicts in the 11th hour. "The explanation is important so the public will not speculate," Fadli said.

Previously, Attorney General M. Prasetyo said the executions could be reprieved on account of juridical or non-juridical reasons without elaborating.

Source: http://www.thejakartapost.com/news/2016/08/02/national-scene-govt-must-give-reasons-behind-executions.html

Muslim scholars divided over death penalty

Jakarta Post - August 2, 2016

Jakarta – Following the execution of four drug convicts on early Friday, Muslim scholars and the leaders of the country's major Muslim organizations are divided over whether capital punishment is sanctioned by Islam.

Prominent members of the country's two-largest Muslim organizations, Nahdlatul Ulama (NU) and Muhammadiyah, have expressed their opposition toward the execution of the four death row convicts, Freddy Budiman, Seck Osmane, Michael Titus and Humphrey Jefferson, who were sentenced to death for drug offenses, although the two organizations have officially endorsed President Joko "Jokowi" Widodo's position of applying the death penalty in the administration's war on drugs policy.

NU scholar Ulil Abshar-Abdalla is among the organization's most high-profile members to openly express his opposition to the death penalty.

"Muslims who start to take human rights into account have begun to think how unreasonable the death penalty is. I consider myself as one of them," the NU scholar said.

Ulil expressed his pessimism over the claim that capital punishment could generate a deterrent effect, especially given the rampant corruption plaguing the country's judicial system. "The government appears to be tough, but the truth of the matter is, the number of drug users continues to rise," Ulil said.

Data from the National Narcotics Agency (BNN) revealed that the number of drug users reached 4.2 million people as of June 2015 and the number grew to 5.9 million people by November.

Ulil's view echoes that of Tariq Ramadan, a Muslim scholar and professor of Contemporary Islamic Studies at the University of Oxford. Ramadan wrote a letter to Jokowi on July 31, two days after the execution of the four drug convicts took place, arguing that the death penalty does not reflect Islamic values.

Ramadan was concerned that the drug offenders who were executed did not receive a fair trial under Islamic principles, or that they might not understand the legal proceedings against them.

He also maintained that there was no punishment for drug-related crimes specified within a sharia legal framework. In addition, Quranic principles, according to Ramadan, strictly prohibit the deprivation of the right to life of all human beings.

"Islamic law calls for forgiveness and mercy. Above and beyond all of this, rahmah [compassion] is an absolute necessity," he wrote. Ramadan called on President Jokowi to reevaluate past executions and halt future ones.

Ramadan has been an ardent campaigner for the abolition of corporal punishment, stoning and the death penalty in the Islamic world.

In 2005, he wrote that "Islam is being used to degrade and subjugate women and men in certain Muslim-majority societies in the midst of collusive silence and chaotic judicial opinions on the ground."

He also urged "Muslims throughout the world to refuse the formalist legitimization of the teachings of their religion and reconcile themselves with the deep message that invites us towards spirituality, demands education, justice and the respect of pluralism."

Prominent Muslim scholar Haidar Bagir, the president director of the Mizan Group and a graduate of the Center for Middle Eastern Studies at Harvard University, said Muslim leaders could pick and choose words from their scriptures to support their policy in applying capital punishment.

"People who say the death penalty is right can find a reason behind it and people who say the death penalty is wrong can also find a reason to support their argument [in the scriptures]," he said.

Haidar said that forgiveness remained the best option in the case of the death penalty. "In the Quran, there is the idea of qisas [an eye for an eye] but it is quickly added that forgiving is more important," he said.

Meanwhile, Syamsul Anwar, the head of Muhammadiyah's law-making body (tarjih), supported the government's decision to impose the death penalty. He said for a specific crime that had the potential to kill other people, such as drug trafficking, the death penalty was acceptable.

"The death penalty in the Quran is not prohibited for murderers or for people who create disastrous acts in the world," he told The Jakarta Post over the phone. (win)

Source: http://www.thejakartapost.com/news/2016/08/02/muslim-scholars-divided-over-death-penalty.html

Trail of legal violations up to execution of four inmates

Jakarta Post - August 1, 2016

Margareth S. Aritonang, Jakarta – The third batch of executions during President Joko "Jokowi" Widodo's administration early on Friday saw four of the scheduled 14 inmates executed before firing squads and this latest round of killings has sparked criticism of the government over its negligence in conforming to the law in conducting the controversial form of punishment.

The Attorney General's Office (AGO) executed four death-row convicts, all of whom were drug traffickers – Indonesian Freddy Budiman and Nigerians Seck Osmane, Michael Titus and Humphrey Jefferson – leaving the remaining 10 alive pending their ongoing legal processes.

The execution of the four, however, is considered by some to have been against the law as many procedures were omitted by the government.

Rina, a spiritual mentor from the Gita Eklesia foundation who accompanied Osmane before his execution, said there was no clear explanation from the AGO as to why only four convicts had been executed and why Osmane was one of them.

"We don't know why only four people were eventually killed. All spiritual mentors were asked to wait. Until 10 p.m., they finally said only [death-row convicts] numbers 6,7,9 and 11 [would be executed]," she told a press conference at the office of the Foundation of the Indonesian Legal Aid Institute (YLBHI) in Central Jakarta.

She added that the executions disregarded the convicts' basic rights since the four were sent to their place of execution while seeing that the others had suddenly been spared.

Muhammad Afif of the Community Legal Aid Institute, who accompanied Nigerian Humphrey Jefferson, said the government had violated the 1964 Law on Execution Procedures, which stipulates that death-row convicts have to be informed about the certainty of their execution 72 hours beforehand.

"Jefferson was given notification on July 26 at 3:40 p.m., while the execution was carried out on July 29 at 12:50 a.m., which is less than 60 hours," he said.

The government is also guilty of another violation in the fact that three of the four convicts – Freddy, Osmane and Jefferson – were in the process of appealing for clemency when they were executed.

Freddy filed an appeal a day before his execution, while Jefferson filed his on Monday and Osmane on Wednesday, Erasmus Napitupulu from the Institute for Criminal Justice Reform (ICJR) said.

Under the 2010 Clemency Law, death row convicts cannot be executed if they or their relatives appeal for clemency and the President has not yet rejected it. Attorney General Muhammad Prasetyo argued it was too late for the convicts to apply for clemency.

Legal activist and lawyer Julius Ibrani of the YLBHI also questioned the excessive budget used to carry out the executions, saying that Rp 7 billion (US$532.000) had been used up even though all the executions had yet finished.

"The budget for the death penalty was given to two institutions, the attorney and the police. Two budgets allocated for one activity can cause misuse of state budget," he said.

Another criticism comes from human rights activist Haris Azhar, who highlighted his conversation with Freddy. Freddy said he had shelled out around Rp 450 billion to the National Narcotics Agency (BNN) and another Rp 90 billion to officials at the National Police to buy protection for his drug business.

Haris said Freddy had pointed to the involvement of two-star generals from the Indonesian Military (TNI). According to Freddy, the generals had accommodated Freddy's business by providing facilities for he and his associates to use while serving his sentence on the secluded prison island of Nusakambangan. (win)

Source: http://www.thejakartapost.com/news/2016/08/01/trail-legal-violations-execution-four-inmates.html

World Islamic philosopher urges Jokowi to end death penalty

Jakarta Post - August 1, 2016

Jakarta – The execution spree in Indonesia has moved respected Islamic scholar Tariq Ramadan to urge the government to end the death penalty for drug offenders as it does not reflect traditional or Islamic values.

Ramadan, the professor of Contemporary Islamic Studies at the University of Oxford, the UK, wrote a personal letter to President Joko "Jokowi" Widodo on Sunday, saying Islamic law "calls for forgiveness and mercy. Above and beyond all of this, ramah [compassion] is an absolute necessity, an essential principle, an imperative duty, even if there is no doubt and all the conditions are gathered."

Indonesia executed four drug convicts last Thursday, despite strong criticism from civil society groups, which argued that the country's judicial system still demonstrated rampant unfair treatment and the use of torture and abuse. Furthermore, drug-related offences also continued to rise, despite 14 executions last year. The National Narcotics Agency (BNN) noted that there had been an increase in drug users, from 4.2 million in June 2015, to 5.9 million people in November 2015.

The authorities said there had been no decision yet as to when 10 other drug convicts would be put to death.

Ramadan said that no punishment for drug-related offences was specified in the Sharia legal framework. "The Quranic principle strictly prohibits the deprivation of the right to life of any human being and stipulates that life can only be taken as explicitly specified in the Sharia legal framework."

As the world's largest Muslim-majority country, he continued, Indonesia should lead the way in demonstrating that Islam and democracy can go hand in hand. "In this context, I would like to set out some principles, based on Islamic understanding of the scriptural sources and the strict conditions required by the Islamic penal code [?ud?d], which stipulate that these executions must be stayed."

Ramadan urged Jokowi to follow the guidance of the Prophet, "who guides Muslims to pardon and forgive offenders, encourages repentance and mercy, and the suspension of the death penalty whenever possible."

Source: http://www.thejakartapost.com/news/2016/08/01/world-islamic-philosopher-urges-jokowi-to-end-death-penalty.html

Foreign affairs & trade

Australia-Indonesia FTA to go boldly where no agreement has gone before

Sydney Morning Herald - August 5, 2016

Jewel Topsfield, Jakarta – Trade Minister Steven Ciobo must have exhaled at a press conference on Tuesday morning when he heard his Indonesian counterpart utter the golden words: "There is no change with the schedule."

The timing of Mr Ciobo's trip to Jakarta last week to push a free trade deal with Indonesia – his top priority as trade minister – had been unfortunate.

Just days before his arrival, Thomas Lembong, a Harvard-educated former investment banker who was committed to opening up the Indonesian economy, had been a surprise casualty of a cabinet reshuffle.

It was unclear if Mr Lembong's replacement as trade minister – businessman and long-term politician Enggartiasto Lukita – would share his predecessor's reformist zeal.

But after a breakfast meeting, the two ministers confirmed they would stick to the 18-month timetable for forging a Comprehensive Economic Partnership Agreement agreed to in March when Mr Lembong visited Australia.

The details of the negotiations were hazy and Mr Ciobo was fond of repeating that he didn't intend to go into the "rats and mice".

But the ambitions are lofty. The Indonesia-Australia Business Partnership Group, tasked with setting negotiating priorities, paraphrased Star Trek when it opined: "It should go boldly where no Free Trade Agreement has gone before".

Specifically, the group said in a lengthy document, the agreement should "include progressive removal of all trade barriers and facilitation of two-way trade in goods and services, plus investment".

This is easier said than done. "A strong rupiah, anti-foreign sentiment, increased Chinese competition, and lobbying by local business interests has pushed Indonesia, the region's largest economy, toward protectionism," John Brandon, the senior director of The Asia Foundation's international relations programs in Washington, wrote last month.

Indeed, on the day Mr Ciobo arrived in town, Indonesian President Joko Widodo ordered his agriculture minister to work on a plan that would see the country stop importing sugar by 2020 as part of Indonesia's latest drive for food self-sufficiency.

Products such as rice, sugar, wine and spirits continue to be subject to high tariffs, in part to protect Indonesian farmers. A recent ban on the export of raw minerals combined with low commodity prices has seen foreign mining companies pull out of Indonesia.

And the World Trade Organisation is expected to rule this year on a complaint from the US and New Zealand that Indonesia's import restrictions on beef and other agricultural products are an unfair export barrier.

"The biggest challenge will be for the Indonesian government to get business to go along with measures which might open the market," former diplomat and international trade adviser Alan Oxley says of the Australian-Indonesian free trade deal. "That's what led to the foundering of the first set of negotiations."

Meanwhile, the Indonesia-Australia Business Partnership Group says, Indonesian businesses complain about lengthy delays when exporting handicrafts and coffee to Australia due to customs and quarantine processes.

Indonesians believe the qualifications required to work in Australia are unfair, such as the "unnecessarily high" standard of English required to obtain a 457 visa for temporary migrant workers.

And Indonesia is among several countries challenging Australia's policy of cigarette plain packaging at a World Trade Organisation tribunal, arguing it breaches international trade obligations.

"I think the biggest single challenge for both sides is to acknowledge one is an advanced economy and one is a developing economy," says Australia Indonesia Business Council president Debnath Guharoy.

He says Indonesian farmers who own small plots of land would be devastated if the market was suddenly flooded with cheap produce from large, mechanised farms in Australia. "Is anyone recommending all barriers drop to zero tomorrow? No," Mr Guharoy says.

Instead, he says, the Business Partnership Group recommends a reduction in tariffs over time, to "make sure the weak and vulnerable don't get trampled on".

Meanwhile, it wants to see incentives for Australian investment in areas such as coffee, sugar, cattle breeding, grains, mineral refineries and the digital and creative economy to assist Indonesia to become more competitive.

The model is the red meat and cattle partnership, where the two countries work together to improve the competitiveness of Indonesia's beef industry.

"We don't just want this to be a regular free trade agreement, we think there should be capacity building as well," says Shinta Widjaja Kamdani from the Indonesian Chamber of Commerce and Industry.

The phrase "win-win outcomes" was bandied around all week. Both ministers stressed they were keen to collaborate on areas such as infrastructure and vocational education, where Australia could provide skills training for Indonesia's rapidly expanding labour force.

"As you know, Australia is very good in some areas like agriculture and then cattle and so many things," Mr Lukita said.

The two countries committed to early cooperation agreements ahead of the final deal. This week they announced more training opportunities in Australia for Indonesian cattle workers and a collaboration between the fashion and jewellery design industries.

"Over the next 12 months, our two countries will expand this cooperation to other creative sectors identified as key growth areas, including digital technology, performing arts and film," Mr Ciobo said.

He was confident these would pave the way for a final deal within the "ambitious timeline" of 18 months.

"It puts pressure on our chief negotiator – I see Frances [Lisson, a DFAT negotiator] shift in her chair a little bit," Mr Ciobo quipped at a gala dinner in Jakarta.

"But I'm very confident we will be able to achieve a very good, high quality, meaningful agreement in that timeframe."

Source: http://www.smh.com.au/world/australiaindonesia-fta-to-go-boldly-where-no-agreement-has-gone-before-20160805-gqlv16.html

NGOs warn against dispute mechanism in Asian free-trade pact

Jakarta Post - August 5, 2016

Anton Hermansyah, Jakarta – Activists of various NGOs have urged ASEAN governments to eliminate investor-state dispute settlement (ISDS) from the Regional Comprehensive Economic Partnership (RCEP) draft, saying it weakened the position of states against foreign investors.

Indonesia for Global Justice executive director Rachmi Hertanti said on Thursday that ISDS "enables foreign investors to sue a country in an international arbitration body, such as the International Centre for Settlement of Investment Disputes (ICSID), if they find the country's rules hamper their operations."

The RCEP, which involves 10 ASEAN member countries and China, South Korea, Japan, India, Australia and New Zealand, will be discussed in Vietnam from Aug. 15 to 19.

Indonesia has found itself engaged in disputes with global enterprises at the ICSID several times in the past. In 2011, British national Rafat Ali Rizvi sued Indonesia over the Bank Century case despite being a suspect in the infamous bailout corruption case.

In 2012 Churchill Mining and Planet Mining sued Kutai Timur regency in East Kalimantan over a mining license, and in 2014 Newmont Mining Corporation sued the Indonesian government over the Batu Hijau mining site in West Nusa Tenggara.

Indonesian AIDS Coalition (IAC) spokeswoman Sindi Putri said that through the ICSID mechanism, pharmaceutical companies could sue governments that used their patents to produce generic medicines. "A lot of patients will lose access to cheap medicine," she told The Jakarta Post.

Indonesian Forum for the Environment (Walhi) executive director Nur Hidayati added that mining companies could avoid conservation obligations by suing the authorities through ICSID.

"For example, a US$301 billion arbitration case was filed by Canadian gold mining company OceanaGold against the government of El Salvador in 2009 for revoking its mining license, as the company failed to fulfill environmental impact analysis requirements," she said.

Source: http://www.thejakartapost.com/news/2016/08/05/NGOs-warn-against-dispute-mechanism-in-asian-free-trade-pact.html

Minister plays down ex-general's abuse

Australian Associated Press - August 4, 2016

Australia's top national security ministers will hold talks next week with a former military general accused of human rights abuses in East Timor, who has recently been returned to the Indonesian cabinet.

Justice Minister Michael Keenan and Attorney General George Brandis will travel to Bali for a Wednesday meeting with Wiranto and ministers from 20 other countries.

In 2004, a UN-backed special tribunal called for Wiranto's arrest for alleged crimes against humanity following violence that surrounded East Timor's 1999 vote for independence.

Mr Keenan said Australia's relationship with Indonesia was vitally important for national security.

"The makeup of the Indonesian government is obviously a matter for the Indonesian government," Mr Keenan told reporters in Adelaide on Thursday. "Working with Indonesia is absolutely in Australia's interest."

Wiranto, who only goes by one name, ran unsuccessfully to be Indonesian president in 2004 and vice president in 2009 and incidentally, was dubbed the singing general after releasing a music album of love ballads.

Australian National University Indonesia expert Greg Fealy said there will be a degree of "awkwardness" for the ministers over Wiranto's past and they will have to adjust their expectations.

He said the Australian government would have been very happy dealing with Luhut Panjaitan the former chief security minister who was an experienced international operator with excellent English.

Dr Fealy said Wiranto has not been in Indonesia's cabinet for 16 years and hadn't featured prominently in public debates on security during that time.

"He's going to have a lot to learn in a short period," he told AAP, adding that the key thing for a smooth transition was whether the previous minister's senior staff continue in the office.

"It would be surprising for (Wiranto) to speak with much authority on these matters because I don't think he'll know a great deal about them."

Dr Fealy said because of the importance of counter-terrorism cooperation, it's likely Wiranto may have to visit Australia at some point, but it would be a tightly controlled trip in order to avoid protesters.

Amnesty International has slammed President Joko Widodo's appointment of Wiranto saying it showed "contempt for human rights".

Source: http://www.9news.com.au/national/2016/08/04/12/33/minister-plays-down-ex-general-s-abuse

Economy & investment

Indonesia's economy surprises with growth of 5.18%

Jakarta Post - August 5, 2016

Ayomi Amindoni, Jakarta – Indonesia's economy grew at a stronger-than-expected rate of 5.18 percent year-on-year (yoy) in the second quarter, marking an increase from 4.92 percent recorded in the first quarter.

According to Central Statistics Agency (BPS) head Suryamin, the country's economic growth is on an accelerating trend. The economy grew by 4.66 percent in the second quarter of 2015 and by 4.96 percent in the same period of 2014.

In a quarter-to-quarter (qtq) comparison, the domestic economy expanded by 4.02 percent in the second quarter of this year, an improvement from the same period last year, when growth was 3.75 percent qtq, Suryamin said.

"As a consequence of El Nino at the end of 2015, the harvest period was pushed back to the second quarter. At the same time, Ramadhan [...] also fell in the second quarter," he explained at the press conference on Friday.

The agriculture sector grew most significantly in the second quarter, while rising demand during Ramadhan and in the days approaching the Idul Fitri holiday also boosted the economy in that period.

The second-quarter figure is way above Bank Indonesia's (BI) projection, which had expected to see the economy grow by 4.94 percent yoy.

The central bank predicts the country's economy will grow by 5.2 percent in the third quarter as government spending is expected to increase.

Source: http://www.thejakartapost.com/news/2016/08/05/indonesias-economy-surprises-with-growth-of-5-18.html

Indonesian confidence remains high

Jakarta Post - August 5, 2016

Fedina S. Sundaryani, Jakarta – Indonesians remain the third-most confident consumers in the world, behind those in India and the Philippines, a recent survey has revealed.

Sari Monik Agustin, 39, is certainly happy. The owner of ra'djoet online shop said that business had been good lately. Compared to 18 months ago when she first started the shop, Monik said she had seen satisfying results and her customer base had grown.

Her experience mirrors the latest findings in global marketing research firm Nielsen's Consumer Confidence Survey. According to the findings, Indonesian consumers remain the third-most confident in the world, only behind those in the Philippines and India.

The Indonesian consumer confidence index rose by two points to 119 in the second quarter. The Philippines overtook India to be number one as its index climbed to 132 from 119. India fell to second position as its index slipped to 128 from 134.

The survey shows Indonesian consumer confidence rose from an all-time low of 115 in the last quarter of 2015. Furthermore, only 51 percent of Indonesian consumers believed that the country was in recession, a 7 percent decrease compared to the same period last year.

The results come at a crucial time when economic growth reached its lowest level in six years at 4.79 percent in the first quarter, with half of the growth traditionally driven by consumer spending.

"Indonesian consumers have slowly been regaining confidence in the past three quarters and this is a good indication for industry players," Nielsen Indonesia managing director Agus Nurudin said on Thursday. He added it was time for industry players to take advantage of consumers' growing confidence.

Several indicators are actually already demonstrating this rising confidence. Retail sales increased in the first half of the year, with car sales climbing 11.4 percent annually in June, according to the Association of Indonesian Automotive Manufacturers (Gaikindo).

Unilever Indonesia – a major player in the retail sector – saw its net sales rise 10.3 percent year-on-year (yoy) to Rp 20.74 trillion (US$1.58 billion), driven by home and personal care and food and refreshments sales. At the end of the period, its net profits had surged 12.5 percent yoy to Rp 3.3 trillion.

The Nielsen survey, which questioned 30,000 online consumers in 63 countries worldwide, found that Indonesian spending habits had changed slightly from the previous quarter.

The number of Indonesians who opted to save any extra funds accounted for 70 percent of the total, 5 percent lower than the first quarter.

The remaining 43 percent of respondents said they would use any spare funds for vacations. Purchasing new clothes was also more of a priority for them. Meanwhile, the number of consumers who chose to use their funds to invest in stocks and mutual funds remained steady at 32 percent.

The shift in spending was mainly among consumers living in urban areas, who were now looking to increase spending on secondary needs as they have already fulfilled their basic needs, the results show. Agus said the national tourism industry should take advantage of the opportunity to attract new tourists.

Source: http://www.thejakartapost.com/news/2016/08/05/indonesian-confidence-remains-high.html

Firms sustain growth from govt projects

Jakarta Post - August 3, 2016

Stefani Ribka, Jakarta – President Joko "Jokowi" Widodo's ambitious plan to develop various large-scale infrastructure projects across the archipelago over the next few years has provided opportunities for many Indonesian companies to expand their businesses despite the pinch of a global economic slowdown.

Earlier this year, the government issued two legal bases to expedite 225 projects listed as "national strategic projects" and a mega power plant project.

They comprise 225 projects across 13 sectors such as railways and toll roads. The projects will receive special backing and attention from the government, as stipulated by presidential regulations.

The government is hoping to see the regulations ease transportation and the distribution of goods and create new jobs to spur economic growth.

Publicly listed diversified conglomerate Astra International (ASII), for example, has allocated Rp 14 trillion (US$1.07 billion) in its consolidated capital expenditure (capex) this year, with almost 40 percent set to finance projects in the infrastructure, logistics and property sectors.

Astra, which has started to focus on non-automotive businesses due to stagnant growth in its automotive segment, currently controls five toll road projects. However, only 72 kilometers of the Tangerang-Merak toll road in Banten is fully operational.

Other toll road projects are located across Java with a total length of 197 kilometers, including the Semarang-Solo toll road in Central Java and the Jombang-Mojokerto toll road in East Java.

"The ongoing projects are still being constructed or are in the middle of the land procurement process," president director Prijono Sugiarto said on Tuesday.

Another publicly listed construction company, Acset Indonusa, is also looking to tap into the growth potential from the government's infrastructure projects, especially in toll road projects.

Acset vice president director Jeffrey G. Chandrawijaya said on Tuesday the company was currently involved in a bidding process for the tender for "a government-run toll road project".

"If we win the tender, this would be our first project as a full contractor," Jeffrey told reporters at the Indonesian Stock Market (IDX) building in Central Jakarta.

Acset, which was established in 1995, focuses on structure and foundations. Acset saw its consolidated net profits soar by 70.9 percent yoy to Rp 943.7 billion during the first half of the year.

Apart from various transportation infrastructure projects, the government's mega electrification project, which aims to provide 35,000 megawatts (MW) in additional electricity capacity by 2019, has also given private enterprises the opportunity to both invest and expand.

Astra, for example, is currently building two power plants in Jepara, Central Java, which will need investment worth US$3.9 billion. These power plants will have a capacity of 2 x 1,000 MW of electricity.

The government's commitment to spend heavily on infrastructure over the next few years is also a blessing for players in supporting industries, like concrete and cement manufacturers.

Pre-cast concrete maker Wijaya Karya Beton's (Wika Beton) investor relations head, Yushadi, said in order to accommodate increasing demand, the firm was seeking 30 hectares of land in Subang, West Java, to build another factory worth Rp 250 billion with an annual capacity of around 300,000 tons of concrete.

The firm provides concrete to major public projects, including the 120 kilometer Makassar-Parepare railway line in South Sulawesi.

Pamudji Rahardjo, the president director of state-run cement maker Semen Baturaja, meanwhile, said major government projects had helped his firm sustain sales volumes during the economic downturn.

"Palembang is revamping its look with new roads and bridges as it prepares to co-host the upcoming 2018 Asian Games. This creates more sales for us," he said. (vps/mos)

Source: http://www.thejakartapost.com/news/2016/08/03/firms-sustain-growth-govt-projects.html

Businesses look hungrily at RI ingredient market

Jakarta Post - August 1, 2016

Dewanti A. Wardhani, Jakarta – Home to 250 million people, Indonesia is a tropical country with the perfect climate and landscape for cultivating a range of edible plants to be made into food products and ingredients.

With this potential, players in the food industry see Indonesia, the world's fourth-most populous country, not only as a thriving market but also as a potential production and manufacturing base.

However, as of today, many local food producers still import many of the ingredients used in their products, raising concerns over the adequacy of government support for the utilization of the country's abundant natural resources, according to Indonesian Food and Beverages Association chairman Adhi S. Lukman.

"Food and beverage manufacturers in Indonesia still import many of their ingredients. Indonesia has great potential and we want to explore that," Adhi told reporters during a recent discussion on foodstuffs in Jakarta.

Food ingredients for manufacturers range from the basics such as salt and sugar and nutrients such as prebiotic and polyphenol, to vitamins, minerals, fruit and plant extracts, food additives such as flavor and color enhancers and preservatives.

The food and beverage industry, which Adhi said was one of the largest contributors to the nation's economy, largely relies on ingredients, meaning such commodities are always in demand. The government previously predicted that the food and beverage industry would grow by 7.4 to 7.8 percent this year, and would become one of the key drivers of growth.

Several large names supplying food ingredients to manufacturers include German-based chemical producer BASF, local firm PT Indesso Aroma and British agribusiness Tate & Lyle.

It is problematic, Adhi said, that food ingredient companies operating in Indonesia still look overseas to find their materials. Despite its perfect landscape, Indonesia's agriculture is both unproductive and undiversified.

"The government should see this and pay more attention to developing its potential. Indonesia should look to Thailand to see how the government there supports farmers," he said.

Agriculture in Thailand is highly diversified and productive, and the country exports many of its crops internationally. The Thai government has many farmer-friendly policies to encourage farming.

Such policies include investing in education for farmers, rural roads and education, and providing credit through the Bank for Agriculture and Agricultural Cooperatives.

"Investment in ingredient manufacturing and the food and beverages industry is extremely easy to find. We just need to secure more supply and this is where the government can come in," Adhi said.

Similarly, Indesso deputy director Arianto Mulyadi said food ingredients manufacturers in the country were often faced with shortages if they relied on local supply.

Indesso's main business in Indonesia is clove oil extract, which has many derivatives such as vanillin and propenyl guaethol. The company works closely with hundreds of plasma clove farmers to secure its supply.

The food and beverages industry, Ari said, is also rigidly regulated. Indesso is set to participate in the upcoming Food ingredients Asia (Fi Asia) 2016, where it expects to meet and form partnerships with other enthusiastic business players.

Fi Asia 2016 organizer UBM Pameran Niaga Indonesia president director Christopher Eve said the exhibition expected 650 exhibitors and 15,000 participants. Fi Asia will also organize a "matchmaking" event for businesses, as well as seminars.

Source: http://www.thejakartapost.com/news/2016/08/01/businesses-look-hungrily-ri-ingredient-market.html

Investors see problems beyond permits, infrastructure

Jakarta Post - August 1, 2016

Dewanti A. Wardhani and Stefani Ribka, Jakarta – Despite the government's pledge to streamline bureaucracy and paperwork to kick start investment, many business players still run up against various issues that can discourage them from making further expansion in the country.

The Investment Coordinating Board (BKPM) in its assistance program found that investors still faced various problems doing business in Indonesia. The assistance program, which was launched in June, is aimed at facilitating 1,000 projects that, it is hoped, will boost investment in the country.

From the program's launch until July 18, the board had provided assistance for 86 projects with a total investment of Rp 39.6 trillion (US$3 billion), according to BKPM data. The assistance includes, among others, identification of problems that could hamper the progress of construction, as well as mediation on behalf of companies experiencing problems, such as land procurement issues, with related ministries and other government institutions.

The board found that as many as 35 of the total number of projects have faced various problems, many of which are at the regional level. For example, a project in Central Java is still waiting for the local environmental management agency (BPLHD) to approve its environmental impact analysis (Amdal) while another project in the region is waiting for the revision of local spatial planning bylaws.

Aside from regulations, investors have also found it difficult to access project sites due to a lack of decent infrastructure. They also face other serious problems, such as insufficient electricity supply.

The Indonesian Chamber of Commerce and Industry's (Kadin) food and beverages manufacturing industry standing committee chairman Thomas Darmawan acknowledged that the BKPM's services had been "top-notch and innovative" in increasing the ease of doing business in the country.

For example, the BKPM this year introduced various policies such as the direct construction investment incentive (KLIK), which allows investors to commence construction on their factories before securing a building permit or environmental permit from local authorities. Another new policy from the agency is the three hour-permit service for businesses investing over Rp 100 billion or creating employment for more than 1,000 people.

However, Thomas said, permits and documents were only a small part of improving Indonesia's investment climate, and that investors still faced many problems in the field.

Some of the main problems include infrastructure and human resources. Thomas said many companies were interested in investing in eastern Indonesia but were faced with a lack of supporting infrastructure such as paved roads and electricity.

"If we want to invest in Maluku or Papua, for example, we need to find available land. And when we do, we still need to build our own supporting infrastructure, which can be quite costly," Thomas told The Jakarta Post recently.

Further, he said, a lack of competent human resources and sufficient natural resources for raw materials also cause investors to think twice. Such problems must be handled thoroughly and comprehensively by the government and not just the BKPM, he said.

Speaking in a discussion earlier this month, then BKPM head Franky Sibarani said the board had been working on assisting investors and facilitating meetings with local administrations and relevant institutions to find solutions to their problems.

For example, the agency has recently worked hand in hand with state-owned power firm PT PLN to supply more electricity for factories in Banten.

"Of course, these problems are not something that can magically disappear overnight. We need time and a lot of effort to find a solution," said Franky, who was replaced by former trade minister Thomas Lembong after a Cabinet reshuffle last week.

On Friday, the BKPM announced realized investment to be on track with Rp 298.1 trillion for the first semester, 50.1 percent of the targeted Rp 594.8 trillion by year-end. The figure is a 14.8 percent increase compared to Rp 259.7 trillion between January and June 2015.

The interesting aspect of the data, according to BKPM, is that the growth rate for domestic investment has outpaced that of foreign investment, although the latter still has a larger value.

Domestic investment increased by 20 percent to Rp 102.6 trillion while foreign investment by 12.3 percent to Rp 195.5 trillion.

"A faster pace of realized local investment is very important. It indicates a higher level of confidence from the locals, which will boost foreigners' confidence too," the new BKPM head said.

Location-wise, a sped-up pace of investment is also seen outside the country's main island Java, which correlates with the government's commitment to prioritize the development push in the nation's outer areas.

BKPM's deputy director of investment monitoring and implementation, Azhar Lubis, noted that the processing industry was mushrooming outside of Java.

Investment outside Java grew by 17.7 percent to Rp 135.5 trillion while Java itself by 12.4 percent to Rp 162.2 trillion. The area outside Java that has seen the largest investment is Sumatra, followed by Kalimantan; Maluku, Papua and Nusa Tenggara; and Sulawesi.

The agency also highlighted sectoral investment data, which shows that the largest local investment poured into the food industry with a realized investment figure of Rp 16.6 trillion in 523 projects while pulp, paper and the printing industry received the largest foreign investments with $2.5 billion in 130 projects.

Local investors were also keen to put money into warehousing, telecommunications, agriculture and non-metal minerals while foreign investors leaned more to machinery, electronics, chemicals, transportation equipment and food, among others.

Thomas emphasized that he wished to improve the nation's food and its supply chain, with food prices remaining high due to inefficient supply chains.

"One of my aims is to boost food, processing and supply chain industry investment. There needs to be more warehouses, modern cattle slaughter centers as well as rice mills," he said.

Source: http://www.thejakartapost.com/news/2016/08/01/investors-see-problems-beyond-permits-infrastructure.html

Analysis & opinion

A more puritanical Indonesia?

Jakarta Post Editorial - August 4, 2016

Until recently we rarely had kissing scenes on screen, and when we did blurred images have been used as a desperate attempt to protect public morality, which critics worry is currently heading for the gutter.

Then following the outcry earlier this year on the increased visibility of sexual minorities, the supposedly devout among us have been pressing much further through legal channels to bring about a more strait-laced society.

Following the fairly successful push for the law on pornography, among the latest efforts is a judicial review request to change provisions on sexual relations in the Criminal Code (KUHP), so that consensual same-sex intercourse and casual or extramarital sex become crimes.

As the lesbian, gay, bisexual and transgender (LGBT) community is allegedly "spreading propaganda to make it seem as if casual sex or same-sex relationships are OK", the law should take a stance, as the issue "has entered the public sphere", says Rita Hendrawaty, one of the plaintiffs and a chairperson of the Family Love Alliance (AILA) organization.

Advocates for state action against perceived threats to the family, including academics grouped in the Civilized Indonesia movement, cite many reasons to be worried about threats to Asian, Indonesian and religious values. The LGBT community has been accused of actively inveigling young people, including those on campus, into their orientation, which is seen as violating the beliefs of the faithful. Images and films flaunting images deemed pornographic have been blamed for continuous reports of rape and murder, with even minors involved as perpetrators.

The logic in preventing things getting worse, it seems, is to impose Victorian-era or strict religious codes on society, by dragging the state further into people's bedrooms.

The wider public should speak up on whether this is indeed how they view Indonesia's future. A revision to the KUHP has been deliberated for years; the plaintiffs hope their efforts can speed things up regarding fundamental issues "to save the nation's morality", they say.

Laws should be designed to be effective, however. Our religious leaders remind us daily of the cardinal sins including adultery. But while priests and clerics have been exposed as having committed sexual abuse, most shockingly of minors of both the same or different sex, hardly any of these powerful figures have been brought before the courts.

Those opposed to sexual violence also seek a state role in the prevention of, and protection from, sexual violence. They have also been pushing for a wider definition of rape, for instance, to even enable wives to sue husbands for nonconsensual intercourse, and also to recognize date rape.

But a wider range of society must be brought into the discussion about whether we want the state to regulate the private affairs of consenting adults.

The legal review should hear diverse opinions on whether Indonesians want a nanny state to ensure we all tread the straight and narrow – and whether it is worth the effort when so much violence in unbalanced relationships, whether inside or outside marriage or between straight and gay couples, goes unaddressed. Source: http://www.thejakartapost.com/news/2016/08/04/a-more-puritanical-indonesia.html

Why Wiranto's appointment as minister is controversial

Jakarta Post - August 4, 2016

Nicholas Koumjian, Phnom Penh – The Jakarta Post reported last Friday that Gen. (ret.) Wiranto, the newly appointed coordinating political, legal and security affairs minister, had denied accusations of his involvement in past human rights abuses.

He also said of the controversy over his appointment: "I want them to clearly point out when and where exactly my involvement was. Only then will I explain, one by one."

As a former deputy general prosecutor for serious crimes in East Timor, I am happy to point out to Wiranto why we sought his arrest for crimes against humanity.

Under the well-established international law doctrine of superior responsibility, a commander who has reason to know that crimes are about to occur, or have occurred, is obligated to take all reasonable measures to prevent the crimes from occurring and/or to punish those who perpetrated the crimes. Commanders who fail to take such measures are criminally responsible for the crimes.

Wiranto was indicted for crimes against humanity committed in East Timor in 1999. His indictment and the brief I filed in support of the arrest warrant are public documents. These outline in detail the evidence showing Wiranto's clear criminal responsibility or failure to fulfill his obligation to prevent these crimes and to punish those responsible despite reports in the media and from international organizations, including the United Nations, and personal appeals to Wiranto to stop the violence.

Wiranto was commander of the then Indonesian Armed Forces (ABRI) and defense minister in 1999 when the East Timorese voted for independence. Under Indonesia's agreement with the UN, ABRI, now the Indonesian Military (TNI), was responsible for providing security throughout the referendum process and had almost 18,000 troops stationed in the territory.

Yet over 1,400 persons were killed, 70 percent of the country's buildings destroyed and hundreds of thousands forced to flee their homes in the period before and immediately after the vote.

A judge at the Special Panels for Serious Crimes in East Timor, an institution created and staffed by the UN, issued an arrest warrant for Wiranto in 2004, charging him with the crimes against humanity of murder, forcible transfer and persecution (including illegal detention, assaults and arson).

The indictment and arrest warrant alleged that these crimes were committed by forces under Wiranto's effective control – pro-Indonesia Timorese militias armed and organized by the Indonesian armed forces – or by the Indonesian forces themselves, and that Wiranto is criminally responsible because he was aware of the crimes but failed to take measures to prevent the carnage or to investigate and punish those responsible.

A similar conclusion has been reached by Indonesia's National Commission on Human Rights (Komnas HAM), which found on the basis of its investigations that Wiranto was aware of widespread and organized crimes at the time of the independence referendum but failed in his duty to ensure security.

Does Wiranto now deny that the violence occurred, deny he was commander of the armed forces at the time, deny that he knew what was going on in a territory whose security he was responsible for, or deny that he did nothing to stop the violence or punish the perpetrators? Over the last 17 years, Wiranto has failed to answer any of these points, and undoubtedly will fail to do so now, hoping that what happened almost two decades ago will simply be forgotten.

It is difficult to understand why, when Indonesia has so many talented and courageous legal and security experts, the President chose to appoint to the position of coordinating political, legal and security affairs minister a man with a notorious record of sanctioning serious human rights abuses.

The principle victims of this selection are the people of Indonesia, who deserve to live in a secure environment where the rule of law protects and provides justice for all of its citizens.

Moreover, the term "crimes against humanity" recognizes that mass crimes inflicted on innocent peoples must be the concern of all of people and governments, not just those from the jurisdiction involved.

Efforts to combat terrorism, narcotics and human trafficking require sharing intelligence and coordinating enforcement efforts across borders. A successful strategy requires that these battles are fought under the rule of law, respecting individual freedoms and holding police and military forces accountable for any abuse of their positions.

Wiranto's selection sends the message that military forces are above the law and will not be held to account for past or future crimes. This casts doubt on the sincerity of this government's commitment to law and human rights.

Future international cooperation with Indonesia has been jeopardized. Regrettably, Wiranto's appointment damages the country's efforts to achieve the very security and justice that his position is meant to promote.

[The writer was chief prosecutor for the Serious Crimes Unit in Timor Leste from 2003-2005 and has handled war crime cases in the former Yugoslavia, Sierra Leone, Darfur and Cambodia. The views expressed are his own.]

Source: http://www.thejakartapost.com/news/2016/08/04/why-wiranto-s-appointment-minister-controversial.html

The IPT 1965 on hate propaganda

Jakarta Post - August 4, 2016

Saskia E. Wieringa, Amsterdam – To this day victims and survivors of the mass killings and other crimes against humanity committed by the military and the militias associated with them after Oct. 1, 1965, still suffer from stigma.

They are seen as being responsible for plotting a coup, and the women in particular are associated with alleged sexual orgies, in which the bodies of generals were mutilated.

In actual fact the generals were murdered by soldiers under the command of two colonels, in a plot to abduct them and bring them before then president Sukarno. Indonesian Communist Party (PKI) leader DN Aidit and a very small group of his closest associates were involved in this plot.

However, subsequently the whole party, which was operating legally and counted some 3 million members, as well as thousands of other unarmed and innocent supporters of president Sukarno, were blamed for this "coup" by Gen. Soeharto.

To dehumanize them, as a precursor to the mass killings, mass detentions, torture, enslavement and sexual violence that followed, a campaign of hate propaganda was engineered, spread by the media that was totally controlled by the military.

This propaganda campaign has been exceedingly successful, lasting longer than the Nazi propaganda against the Jews.

Other elements of this campaign held that the PKI was against religion, against the Pancasila state ideology and must be held responsible for the killings of religious leaders since the 1948 "Madiun affair" in East Java.

The panel of judges of the International People's Tribunal on the 1965 crimes against humanity in Indonesia (IPT 1965), held last November in The Hague, considered two elements of this campaign.

The prosecution focused on two central charges of the decades-long campaign. First, that the PKI was the "mastermind" behind the failed coup of Sept. 30 to Oct. 1 1965.

And second, that during the coup the young women present at Lubang Buaya (where the officers who were not yet dead were murdered and their bodies thrown into a disused well in East Jakarta) were encouraged by the PKI to engage in immoral behavior, seeking to seduce the generals in "a lurid, naked dance", and then "castrating the generals" and "killing them after gouging out their eyes".

However the post-mortem examinations of the bodies ordered by both president Sukarno and Soeharto showed no signs of castration or mutilation.

The autopsies demonstrated that six of the seven officers died as a result of gunshot wounds, and the seventh as the result of a wound to the abdomen, perhaps caused by a bayonet. The non-gunshot wounds recorded on their bodies were consistent with being beaten by rifle butts or as a result of being thrown down a 36-foot well.

Most significantly, the doctors carrying out the post mortems did not record any damage to the officers' genitals, which were apparently intact (they were able to observe in all seven cases whether or not the victim was circumcised).

After considering the evidence brought before them, the judges, led by veteran South African justice Zak Yacoob, concluded that the false propaganda campaign was indeed essential to the widespread systematic attacks against the PKI and all those deemed to be connected with it.

It was the first significant step in the attacks and is therefore a crime against humanity.

The propaganda version of the events of Sept. 30 to Oct. 1, 1965 had a significant dehumanizing impact, helping to justify the extralegal persecution, detention and killing of alleged suspects and particularly to legitimize the use of sexual violence against women.

This propaganda also contributed to the denial of survivors' civil rights and the absence of any attempt to remedy the injustices against them.

The results of the autopsy were known to later president Soeharto but they were never released to the public. The documents were only published much later, when professor Benedict Anderson discovered them.

In the early 1980s I had carried out research on the lurid stories of Lubang Buaya, interviewing a few of the girls who had been present there on that fearful night and who had survived the heavy sexual torture they had been subjected to. All of them consistently denied that any dancing let alone castrating had taken place.

I wrote about this story in my novel entitled The Crocodile Hole, the launch of which was prohibited in the Ubud Literary Festival last year, as were all events related to 1965.

The accusation that the Indonesian Communist Party was the mastermind of the "coup" are also not supported by the available literature on the topic.

Although there are still many questions to be answered (e.g., who ordered the killing of the generals when the original plan was just to abduct them?) the judges of the international people's tribunal found that the lies constituted the basis of a sustained campaign, lasting for many years and even to the present day, based upon allegations which were known to be untrue, and that it was intended "to discriminate, as well as to dehumanize, the target group and laid down the basis for the mass atrocities committed against them".

The target group was said to be not only PKI members and sympathizers, but all those who were allegedly members of organizations affiliated with the PKI, and that this amounted to "a significant part of the civilian population" of Indonesia.

The conclusions of the judges of the IPT 1965 refute two elements of the hate propaganda spread against the PKI and supporters of Sukarno. It is critical that other elements of this campaign are subjected to similar scrutiny. Only then can Indonesia's history books be rewritten and the rehabilitation of the many thousands of innocent victims begin.

[The writer, a sociologist and feminist at the University of Amsterdam, is chairperson of the Foundation IPT 1965, and among others authored the novel The Crocodile Hole (2015) and Sexual Politics in Indonesia (2002).]

Source: http://www.thejakartapost.com/news/2016/08/04/the-ipt-1965-hate-propaganda.html

Melanesian solidarity vs economic power

New Mandala - August 3, 2016

Why Jakarta must let the Melanesian Spearhead Group decide who is in and who is out, and what matters for Melanesian people.

Elvira Rumkabu – The United Liberation Movement for West Papua (ULMWP) has to wait until September (at least) to find out if its bid for full membership in the Melanesian Spearhead Group (MSG) will be accepted.

The decision was supposed to be made on 14 June at the MSG Special Leaders' Summit convened in Honiara, Solomon Islands. The reason for deferring the decision was supposedly based on questions about the criteria for membership and the MSG forum is now working on its guidelines. But there is a doubt whether the criteria was the issue. Why wouldn't the guidelines have been discussed years ago, or in 2015 when ULMWP and Indonesia applied for membership? Why are they being discussed now?

The deferral is a classic MSG tactic when members fail to reach consensus. At the recent summit, Fiji and Papua New Guinea rejected the ULMWP full membership bid, while Vanuatu, Solomon Islands and Front de Liberation Nationale Kanake et Socialiste (FLNKS) of New Caledonia supported the bid. Deferral is a strategy to buy time for diplomatic efforts to come to a consensus before the next MSG conference scheduled for September.

Even though it is hard to predict whether ULMWP will be granted full membership, there are two main competing forces shaping the decision – Melanesian identity, and economic and political power that could be gained by MSG members through relationships and opportunities with Indonesia. Indonesian commentators might want to emphasise MSG economic agendas, but the MSG also has cultural and political agendas, including decolonisation, peace, safety and improved livelihoods.

It is clear that the Indonesia's pressures on MSG members will be significant. As Indonesia Foreign Ministry's Director General of Asia Pacific and African Affairs, Desra Percaya has states, 'there is no place for the ULMWP in the future of the MSG'. The message is clear: MSG members can enjoy more material benefits from relations with Indonesia or they can support West Papuan solidarity as has been pursued by ULMWP.

According to AM Fachir, Deputy Minister of Foreign Affairs, Jakarta hopes to broaden its economic markets by connecting 11 million Indonesian citizens of Melanesian descent who live in five Indonesian provinces to the MSG countries. It was in the lead up to the 2015 MSG conference when Indonesia suddenly discovered these millions of Melanesians in an attempt to water down West Papuans claims to Melanesian solidarity.

Jakarta claims to be interested in the prospect of greater Melanesian cooperation, including job opportunities, trade and investment, but this agenda has really only received attention since the ULMWP went looking for MSG membership and recognition in the international community. It is a case of Indonesia playing politics in the region via its economic power. Indonesia's agenda in MSG is explicit – getting the ULMWP (or any West Papua-related issues) off the table.

Indonesia invited MSG members to attend the Democracy Forum in Bali in December 2015. Indonesia committed to assisting the MSG to be actively involved with the broader international community including the Asia Pacific Economic Cooperation forum and Asia Africa Conference. In an increasingly regionalised global order, it is every states' desire to be engaged in dialogue and opportunities with another forum, and Indonesia has offered to broker these connections for MSG member countries.

Along with this agreement, however, AM Fachir reminded the MSG about its commitment stated in the MSG Establishment Agreement in 2007 that 'MSG members are to fully respect the principle of the international law governing international relations'. He further cited principles of sovereignty, equal independence and non-interference.

The ultimate decision about ULMWP membership cannot be predicted entirely in terms of economic considerations among member countries. The role of ideas, particularly Melanesian identity and solidarity, is pivotal.

Solidarity with West Papua, particularly against Indonesia's human rights violations, is widespread across the region and beyond. Vanuatu and Solomon Islands have long been supporters of West Papua. Despite their rejection of the ULMWP bid, PNG and Fiji have long-standing and widespread West Papuan support movements at the grassroots level. ULMWP can make use of the power of churches, NGOs and other civil society actors to gain support for its bid.

In addition, Indonesia does not have a clear strategy in order to deal with Papuan grievances. Demanding that the MSG put the West Papua issue off the table without stating its own strategic plan about what will the Indonesian government will do is a major weakness that can be used by the ULMWP to gain more public support around the region. Continued violent repression in Indonesia, such as occurred recently in Papua and Yogyakarta in relation to demonstrations about the ULMWP, adds more weight to the ULMWP agenda so that a political solution can be achieved.

Despite talk of 'development' approaches and better human rights in Indonesia, it is the military and police that still respond to Papuan concerns and issues. Over the past week social media users have been criticising and cursing the racist and violent actions taken by military and some mass organisations in Yogyakarta against Papuan students. Interestingly, the solidarity comes from foreigners but also from other Indonesian people. As grievances and abuses become more visible, moral outrage is increasing. Identity and human rights discourses combined with grassroots support become an important driving force behind states' behaviors and decisions.

In September, the MSG's integrity will be undoubtedly be put on the line. The possible widening gap between political leaders and the wider population of the Melanesian region is at stake. The extensive economic benefits versus Papuan solidarity across the southern Pacific will be put on the MSG table.

Let the MSG forum choose what matters for them and what matters for their Melanesian people.

[Elvira Rumkabu is a Lecturer in International Relations at Cenderawasih University, Jayapura, Papua.]

Source: http://www.newmandala.org/melanesian-solidarity-vs-economic-power/

Dialogue over repression

New Mandala - August 3, 2016

Indonesia and the Melanesian Spearhead Group need the United Liberation Movement for West Papua.

Jenny Munro – In recent times the Melanesian Spearhead Group has been considering whether or not it should grant full member status to the United Liberation Movement for West Papua (ULMWP), with a decision on the controversial issue deferred at the Group's most recent meeting.

When a decision is made however, the outcome will come down to dialogue and discussion versus repression.

West Papuans have been voicing their grievances against Jakarta unabated for six decades now in spite of silencing tactics from the Indonesian state. Repression is clearly not only futile, it results in more violence.

In the face of ongoing state violence to achieve political ends, Indonesia's leaders need continued pressure to fulfil the principles of reform and democratisation. It is not only West Papuans who are drawing attention to unmet human rights promises. The ULMWP, as a voice for human rights in West Papua, represents another voice in support of rights and freedoms in Indonesia.

The ULMWP 'threatens' to promote political dialogue and resolution to West Papuan grievances. The Indonesian government would do well to resist the urge to crush and isolate the movement. The ULMWP also builds on a history of West Papuan advocacy for non-violent, political solutions to questions of security, rights, and development.

The Indonesian government agreed to political dialogue, including open and official discussion of past and present abuses, in the Special Autonomy law of 2001, but has avoided fulfilling this promise.

Instead of going away, West Papuan activism has snowballed, outreach efforts redoubled, and allies have been gained. If not ULMWP, there will be another organisation that threatens to complicate Indonesia's sway over a large part of the international community.

The Indonesian government has reacted with gusto to the threat of internationalisation represented by the ULMWP, dangling talk of new jobs, trade, transport routes, and diplomatic engagement with Asia for MSG countries.

The accusation that the ULMWP only represents overseas West Papuans is another sort of reaction, an attempt to discredit the organisation and prevent it from participating in the MSG and other international groups. If the ULMWP has no support among Papuans inside Indonesia, then why has the government been trying to repress support for it in cities around Indonesia?

The MSG needs to embrace the ULMWP to further its goals of stability, peace, safety and livelihoods for Melanesians. As MSG leaders like Vanuatu Deputy Prime Minister Joe Natuman has said, the MSG was established for the protection of the identity of the Melanesian people, the promotion of their culture and to defend their rights to self-determination, land and resources.

Moreover, what Indonesian leaders are saying to the MSG forum may be quite different to what they are claiming at home. The MSG should be wary of being represented, or used, as Indonesia's political pawn in a longstanding battle against West Papuans.

When the MSG recently deferred its decision on full membership for the ULMWP, Luhut Pandjaitan, Indonesia's then Coordinating Minister for Political, Legal and Security Affairs, appeared to claim victory, viewing it as proof of Indonesia's power and a vindication of its repressive, dogmatic approach to West Papua. A headline in Jakarta proclaimed, "MSG rejects separatist bid." Full membership in the MSG, which Indonesia is angling for, would help it to block dialogue and action on West Papua.

On the issue of whether or not West Papuans need or want the ULMWP in the MSG, I think they will continue to speak for themselves. The question is whether or not these voices should be heard and included in a diplomatic forum. The MSG is an ideal context for West Papuans to raise issues regarding their security, rights, culture and livelihoods precisely because dialogue, mediation, and negotiation are possible.

This is something that the Indonesian government has not yet been willing to offer West Papuans, and the growth of street-level and everyday forms of political violence, whether in Yogya, Jayapura or Enarotali, shows that this position is increasingly untenable and detrimental.

[Jenny Munro is a research fellow in the Coral Bell School of Asia Pacific Affairs, The Australian National University.]

Source: http://www.newmandala.org/dialogue-over-repression/

Wiranto and Indonesia's new Cabinet

New Mandala - August 1, 2016

Damien Kingsbury – Indonesia President Joko Widodo's recent announcement of his new cabinet line-up aroused two responses.

The first was howls of outrage that former defence chief and alleged human rights abuser Wiranto had been appointed as Coordinating Minister for Political, Legal and Security Affairs, the third most powerful position in government. The second was that Widodo, popularly known as 'Jokowi', needed to re-energise his cabinet to better respond to Indonesia's lagging economy.

Wiranto's appointment was particularly controversial among human rights activists given he was indicted in 2003 by UN prosecutors for crimes against humanity in relation to military-led atrocities in Timor-Leste in 1999. Wiranto was then head of the Indonesian military and had a direct line of responsibility for events in Timor-Leste, in which at least 1,400 and up to 3,000 civilians were murdered, more than 200,000 forcibly deported to West Timor, and approximately 70 per cent of the then territory's infrastructure destroyed.

Despite being indicted, Indonesian governments since then have made clear that Wiranto would not be sent to stand trial for the alleged crimes. This has then raised related concern about Indonesia's culture of impunity for human rights violations.

Wiranto's appointment was also widely seen as a step to halt further investigations into anti-communist massacres in Indonesia in the mid-1960s. In April, his predecessor, Luhut Pandjaitan, held Indonesia's first 'symposium' to discuss the events of 1965-66.

The symposium was followed by the International Peoples' Tribunal in The Hague, which in late July found that the Indonesian state was responsible for crimes against humanity over the killings and related persecutions, in which an estimated half a million people were killed.

Indonesian governments have been deeply reluctant to acknowledge, much less investigate, the events of the mid-1960s, and Wiranto's appointment can in large part be seen as ending further official discussion on the subject.

Despite being portrayed externally as a human rights violator, Wiranto's standing within Indonesia is positive. Few people discuss the events of 1965-66, with most being either strongly anti-communist, wanting to put those memories behind them, or fearful of suspicion of communist sympathy.

Further, within Indonesia, Wiranto is not only not regarded as not being responsible for events in Timor-Leste in 1999 – that has been fictitiously portrayed as violence between 'rival factions' – those few Indonesians who do think about it believe that Timor-Leste was taken from Indonesia by force and that resistance was appropriate.

Moreover, as a public political actor, Wiranto was directly involved in getting then President Suharto to step down after more than three decades in power, and a relatively smooth transition towards a more open and democratic political process. Wiranto also previously held the post of Coordinating Political, Legal and Security Minister under President Abdurrahman Wahid.

Critics note that Jokowi's appointment of Wiranto is just the latest in a series of hardline decisions, including appointing other former military officers to ministerial posts and proceeding with another round of executions for drug offences. This hardline turn has disappointed many of Jokowi's original supporters, who believed he would be more rather than less of a reformist than his presidential predecessor, Susilo Bambang Yudhoyono.

In part, Jokowi's hardline position is aimed at maintaining support from the nationalist Indonesian Democratic Party-Struggle, which he nominally represents, as well as other conservative factions within the legislature. The wider Cabinet shake-up also re-balances party representation, intended to ensure continued legislative support for Jokowi's program.

Publically, however, the main purpose of the changes to cabinet is to reinvigorate Indonesia's lagging economy and to reduce unemployment. To this end, Jokowi appointed World Bank Managing Director Sri Mulyani Indrawati as the new finance minister, a post she held under Yudhoyono from 2005-10.

As former finance minister, Sri Mulyani instigated far-reaching reforms in the corruption-riddled tax office and cracked down on fraud and corruption in other sectors of the economy. This reformist push ultimately earned her a string of powerful enemies, ending her previous political career.

In a speech just prior to leaving Indonesia for the World Bank, Sri Mulyani said: 'I'll be back'. She now is.

Luhut Pandjaitan, who was replaced by Wiranto, was moved to become coordinating maritime affairs minister, in turn replacing sacked maritime affairs minister Rizal Ramli. Others replaced were energy and mineral resources minister Sudirman Said and transportation minister Ignasius Jonan, all of whom disagreed in public with government policy.

Surdiman's replacement, Archandra Tahar, comes from a senior hydrocarbon engineering background and has been tasked with re-invigorating Indonesia's failing oil and gas sector, which has fallen to less than half of its 1994 capacity. Indonesia was once a net oil exporter but, with ageing infrastructure, has been reliant on oil imports since 2004.

In all, Jokowi's second Cabinet reshuffle saw the appointment of 12 new ministers. Jokowi said the new Cabinet was intended to work more solidly and in a more unified way than its predecessor.

Given that Wiranto was inclined to running Abdurrahman Wahid's Cabinet meetings tightly and efficiently, as though he was its chair rather than the president, and the current president is proving to be weak and directionless, Jokowi may well get at least some of his wish fulfilled.

[Damien Kingsbury is Professor of International Politics at Deakin University, and author and editor of a number of books on Indonesian politics and security issues.]

Source: http://www.newmandala.org/wiranto-indonesias-new-cabinet/