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Indonesia News Digest No
49 - December 10-16, 2001
Lusa - December 14, 2001
Indonesia has extended its aid programs to some 70,000 East
Timorese refugees by one month to the end of January, allowing
them more time to decide between repatriation and resettlement in
other parts of the country.
The military commander of Indonesian West Timor, Major-General
Willem da Costa, made the decision public Thursday.
"The decision was taken for humanitarian reasons in the hope that
the refugees will decide by the end of January whether they want
to stay in Indonesia or return to East Timor", the daily "Jakarta
Post" quoted da Costa as saying.
Months ago Jakarta announced it would cease providing aid and
close the remaining refugee camps in West Timor at the end of
this year.
Da Costa said that refugees opting for resettlement would be
moved to neighboring Kalimantan, where Jakarta has reserved
11,000 hectares of arable land under an euros 3.5 million
program.
East Timorese independence leader Xanana Gusmao recently visited
West Timor, where he urged the remaining refugees to return home,
promising them a warm welcome and reintegration.
Lusa - December 14, 2001
Debate continued Thursday in East Timor's parliament on the
future constitution of the territory, due to become independent
next May. Members of the Constituent Assembly voted to remove the
term "sexual orientation" from part of article 16 of the final
draft constitution which deals with anti-discrimination.
The relevant section of the Constitution prohibits discrimination
based on: "color, race, gender, sexual orientation, ethnic
origin, social or economic status, convictions or political
beliefs, religion, education and mental or physical condition.
In voting on the controversial section, 52 out of 88 assembly
members backed the removal of the term "sexual orientation",
which in practice could affect the equality of homosexual couples
in an independent East Timor. The term "matrimonial state"
replaced the controversial phrase, with 57 members voting in
favor of this substitution.
The head of a Portuguese gay activist group, Antonio Serzedelo,
said Thursday he thought it "very serious" that East Timor, which
had "fought so hard against discrimination", had removed the
"sexual orientation" proviso from the Constitution.
Serzedelo, president of Opus Gay, told Lusa, "In East Timor, as
in Portugal, there are certainly many of homosexual orientation
who fight for their rights, and others who do not fight so
much ... nobody can discriminate against them for this".
The gay rights activist also pointed out that in the European
Union, discrimination on the grounds of sexual orientation is "a
criterion for non-admission of countries".
"For Timor, this will not help negotiations at a European level",
Serzeledo said, adding that it was not a question of negotiation,
but of human rights.
Labour struggle
Aceh/West Papua
'War on terrorism'
Government & politics
Corruption/collusion/nepotism
Regional/communal conflicts
Local & community issues
Human rights/law
Environment
Armed forces/Police
Economy & investment
East Timor
Indonesia extends refugee aid deadline through January
Sexual orientation clause removed from constitution
Constitution debate, approval extended until January 25
Lisa - December 13, 2001
Members of East Timor`s Constituent Assembly approved a motion Thursday extending the period for debate and approval of the future Constitution until January 25, more than a month after the date originally scheduled.
Following slight delays in preparing the final draft, assembly members began approval of the Constitution's 152 articles earlier in December. However, progress as been slow with only 18 articles so far being approved, hence Thursday`s extension motion which is being sent to UN chief administrator Sergio Viera de Mello.
Constituent Assembly speaker Lo-Olo has already limited debating time to speed the Constitution's approval. However, debate has been derailed over several controversies, the most recent being when a PSD assembly member, Lucia Lobato, compared Chief Minister Mari Alkatiri to Osamah bin Laden.
During debate on the extension motion, various assembly members noted that in spite of the intense workload of recent weeks, the 90 days set aside for debate and constitution approval were insufficient, given the complexity of the task.
Lo-Olo reminded the assembly that Viera de Mello intends to present the final text of the Constitution to the UN Security Council at the end of January.
Reuters - December 13, 2001
Oslo -- Most of the 60,000 East Timorese refugees still abroad are likely to return by the end of 2002 and any linked to pro- Jakarta militias will be treated fairly, the territory's chief minister said on Wednesday.
The United Nations estimates that 190,000 East Timorese have returned to the territory after they fled when a 1999 vote for independence from Indonesia led to a bloodbath triggered by Jakarta-backed militias.
"They are returning at a rate of 800 to 1,000 a week," Mari Alkatiri, chief minister of the recently elected assembly, told a news conference after a two-day conference in Oslo involving 23 nations interested in providing aid the East Timor. "I'm quite sure that by the end of next year most of the refugees will be back in East Timor," he told a news conference.
The UN refugee agency estimates there are still 60,000 refugees, many in Indonesian-run West Timor.
The donors' conference, opened by UN Secretary-General Kofi Annan on Tuesday, discussed plans to raise up to about $350 million in aid at another conference to be held in East Timor around the time of its becoming independent, planned for May 20.
Alkatiri said that any refugees linked to the anti-independence militias, which had had active backing and encouragement from the Indonesian military, would find that "justice does not only mean punishment but also rehabilitation".
The United Nations, which has administered East Timor since 1999, estimates that 1,000 people died in the anti-independence violence.
Norwegian Development Minister Hilde Frafjord Johnson said that donor states seemed willing to aid East Timor in the long term, until it could shift towards earning its own money from oil and gas or coffee. "Our assessment is that East Timor is on the right track," she told a news conference.
Agence France Presse - December 11, 2001
Dili -- East Timor's fledgling lawmaking body on Tuesday adopted the tongues of both their native ancestors and Portuguese colonisers as the official languages of the world's newest nation.
Tetum and Portuguese were given the nod by 80 members of the 88- person constituent assembly, a body elected three months ago to draft a founding constitution for the half-island territory now five months away from full independence. Three members abstained from Tuesday's constitutional debate, while another five were absent.
"We have to think of our future as a developing country. If we don't use Portuguese we will be isolated," assembly member Joao Carrascalao, of the UDT party, told journalists after voting in favour of both languages.
Mariano Sabino Lopes, of the youth-oriented Democratic Party, said Tetum had to be included because it was the language of the 24-year resistance fight against Indonesia. "We used Tetum to recruit and unite people in the struggle against Indonesia," Lopes, once an active resistance supporter, said. "[Independence leader] Xanana Gusmao used Tetum when he wrote letters to the youth, so we've always considered it the language of resistance."
Lopes said the adoption of both Tetum and Portuguese would eliminate a feared division between the older Portuguese-fluent generation and the younger Tetum-fluent youth, who are also proficient in English and/or Indonesian. "It means both old and young will have access to jobs," he added.
East Timorese voted overwhelmingly for independence in a United Nations-backed plebiscite in 1999, ending 24 years of brutual military-backed rule by Indonesia that followed Portugal's 400- year colonial regime.
A hybrid version of Tetum, an Austronesian language that was infused with Portuguese in colonial times, spread among the population until an estimated 60 percent used it. Portuguese was banned by Indonesian rulers in 1981, six years after Jakarta's annexation of East Timor, but they failed to wipe it out. An estimated 10 percent of the population are fluent in it.
A proposal to include the most commonly spoken tongue, Bahasa Indonesia, in the official languages was overruled. "Around 75 percent of our people can speak Bahasa because we had to learn it during Indonesian time, that's why we wanted it adopted," said Antonius Ximenes, whose Christian Democratic Party put forward the proposal. "Also because we are considered part of Asia, and Bahasa is an Asian language."
The assembly has been debating a draft constitution, which was completed on November 27, since December 3. The United Nations, which has been administering East Timor since late 1999, will hand over full independence on May 20 next year.
Agence France Presse - December 12, 2001
Jakarta -- Indonesia was unlikely to arrest a military officer charged in the first trial of cases of crime against humanity arising from the mayhem surrounding East Timor's 1999 independence vote, a senior rights advocate said Wednesday.
A court in Dili on Tuesday found members of the pro-Indonesia Tim Alpha militia gang guilty of crimes against humanity, including the massacre of a group of Catholic clergy and an Indonesian journalist. But Indonesian Special Forces (Kopassus) lieutenant Syaful Anwar, who allegedly directed the militiamen and participated in the torture and murder of an independence supporter, escaped conviction and sentencing because he was "at large" and believed to be in Indonesia.
The secretary general of Indonesia's Human Rights Commission, Asmara Nababan, said there was little hope of arresting Anwar. "I'm not very optimistic. If there is a political will by the government of Indonesia I think it's not difficult, however they are lacking political will," Nababan told AFP. "There will be no arrest. We don't see any arrest in the near future."
A warrant for Anwar's arrest was then served in February this year on Indonesia's former Attorney General Marzuki Darusman, under an agreement between the United Nations and Indonesia's Attorney General's Office (AGO) to hand over people wanted for crimes in either country. But an AGO spokesman said Wednesday he did not know if the warrant had been received, nor whether any efforts were under way to locate Anwar. "I don't know anything about it. I need to check where the warrant is," spokesman Mulyoharjo told AFP.
Three of the 10 Tim Alpha militiamen were sentenced to 33 years in prison for multiple murders, with another seven members receiving sentences of between four to 23 years each. Anwar was the 11th suspect named in the indictment which was first filed by prosecutors in Dili in December last year.
The special panel of Dili District Court which heard the case was told that Anwar had authority and control over members of Tim Alpha, issuing orders and instructions that were executed by the team. According to prosecutors, Anwar watched over the April 1999 ambush of pro-independence Falantil guerrilla Evaristo Lopes by Tim Alpha men. He later ordered them to bring him to a local Kopassus base where he joined in torturing Lopes and killing him.
Anwar was based in Lautem as a deputy commander of Kopassus from March to September 1999. The panel found there had been "extensive attacks by the pro-autonomy (pro-Indonesia) armed groups, supported by the Indonesian authorities, targeting the civilian population" in 1999, presiding judge Marcello da Costa of Brazil told the Dili courthouse as he delivered the verdict.
That finding proved the widespread or systematic nature of the attacks that led to the charges of crimes against humanity, the UN administration in East Timor noted in a statement.
Militia gangs, raised and backed by Indonesian security forces, led an orgy of killing, arson and destruction in the months surrounding the August 1999 ballot on independence from Indonesia. They also forced around a quarter of a million people out of East Timor into the Indonesian-ruled western half of the island. Estimates of the numbers killed range from around 1,000 to 2,000.
Agence France Presse - December 11, 2001
Bronwyn Curran, Jakarta -- Ten members of a gang responsible for one of the worst massacres linked to East Timor's 1999 vote for independence were Tuesday found guilty of crimes against humanity and given jail terms of up to 33 years, United Nations officials in Dili said.
The members of the pro-Indonesia "Tim Alpha" gang were convicted of the September 25, 1999 slaying of two nuns, three priests and an Indonesian journalist, as well as a number of other murders in the Los Palos sub-district of the territory's far-eastern district of Lautem.
The three-judge Special Panel for Serious Crimes, set up by East Timor's UN-backed transitional administration and operating in the Dili District Court, also found the gang members guilty of torture, persecution and forced deportation, a UN spokesman told AFP by phone from Dili.
They are the first people to be convicted of crimes against humanity in connection with the violence that surrounded East Timor's August 30 vote to secede from Indonesia, which had occupied the territory since 1976. The violence was led by pro- Jakarta militias advocating greater autonomy under continued Indonesian rule, with the help of elements of the Indonesian security forces.
Seven Tim Alpha militiamen murdered two nuns, three priests and an Indonesian journalist when they attacked their convoy as it fled Los Palos on September 25, 1999. Two church workers and a passer-by were also killed in the attack.
The gang was found guilty of a total of 13 murders in five separate incidents, the burning of several villages and the forced deportation of their residents to Indonesian-ruled West Timor in the wake of the independence vote.
Four of the defendants were given multiple jail sentences Tuesday, with the gang's commander, Joni Marques, receiving the longest cumulative sentence of 33 years and four months. The seven men, including Marques, who were convicted of the ambush and murder of the clergy received the highest sentences yet under East Timor's new justice system, ranging between 17 and 19 years imprisonment.
An alleged 11th member of the gang, an Indonesian special forces lieutenant, remains at large and was not sentenced. Prosecutors have indicted him and served an arrest warrant for him on Indonesia's Attorney General.
East Timor's overwhelming vote for independence triggered a wave of killing, arson and destruction by militias that was actively backed by elements of the Indonesian military. Estimates of how many people were killed range from some 600 to 2,000.
Delivering the verdict to a packed Dili courthouse, Brazilian judge Marcello da Costa, who heads the panel, announced that it had established beyond doubt that there was an "extensive attack by the pro-autonomy armed groups supported by the Indonesian authorities targeting the civilian population" in East Timor in 1999.
That finding was necessary to prove the widespread or systematic nature of the attacks that led to the charges of crimes against humanity, and will likely serve as a backdrop for similar trials in the future, a statement by the UN administration in East Timor said.
Dili-based legal observers, the Judicial System Monitoring Program, said in a press release that the panel had also found "that contrary to many of the claims of the accused, they were aware that their acts were part of that campaign".
Former chief prosecutor Mohamed Othman alleged in an indictment filed in March that Tim Alpha members were armed, equipped and trained by Indonesian soldiers and were "allowed to act with impunity".
The special panel was constituted last year to try cases of genocide, war crimes, crimes against humanity, murder, sexual offences and torture. The other two judges are from East Timor and Burundi.
| Labour struggle |
Jakarta Post - December 13, 2001
Jakarta -- Employees of state-owned cement maker PT Semen Gresik will strike on Friday, with support from its president, if the government does not drop plans to sell a 51 percent of the company to Mexico's cement giant Cemex SA de CV, a union leadersays.
Semen Gresik labor union chief Tjipto Sumarsono said that the government must not sell the controlling stake to a foreign company to ensure a domestic supply of cement. "We will hold a general strike if the government does not provide a satisfying response by four in the afternoon, December 14, " Tjipto was quoted by Antara as saying Wednesday. Semen Gresik would suffer at least Rp 1.5-1.8 billion inpotential losses each day, he predicted.
His comments followed a meeting with some members of the House of Representatives to seek political support to foil the government's plans.
Tjipto said all the company's 6000 workers employed at the Semen Gresik facility in East Java would probably participate in the strike. "Even Pak Urip has signed on [to support the strike]," he said, referring to Semen Gresik president Urip Timuryono.
The government has planned to sell shares in Semen Gresik to Cemex as part of the country's privatization program. The sale was first expected to be completed on October 26 and then on December 14. The delays have been blamed on protests from various quarters in West Sumatra and South Sulawesi, respectively the home-bases of Semen Gresik key units PT Semen Padang and PT Semen Tonasa.
Under the initial plan, the government was supposed to sell the Semen Gresik shares under a put option deal that expired on October 26. The deal would have provided the government with $520 million as part this year's overall government privatizationproceeds target of Rp 6.5 trillion ($631 million).
But since the deal would allow Cemex to also control Semen Padang and Semen Tonasa, local politicians organized protests to reject the plan, which culminated in the move by the locallegislative council to support calls for a unilateral take over of Semen Padang from the central government.
Late last month, the government announced a new scheme, under which the government would sell a 51 percent stake in Semen Gresik to Cemex and use part of the proceeds to repurchase stakes in Semen Padang and Semen Tonasa so that the Mexican company would only have a minority stake in the local units.
Under the new deal, the government would only net around $200 million. But the protest, believed to be organized by vested interest groups, continues.
Jakarta Post - December 10, 2001
Jakarta -- Four more provinces -- Riau, South Sumatra, Bengkulu and South Kalimantan -- have followed suit by increasing their minimum wages by 20 percent to 30 percent.
The monthly regional minimum wage in Riau was raised by 20 percent to Rp 394,000 (US$39.40) for the 2002 fiscal year from the current Rp 329,000, while the minimum wage in Batam was increased by five percent to Rp 535,000, from the current Rp 510,000.
Head of the Riau manpower and transmigration office, Sutarman Kartodiwirjo, said here on Saturday that the new increase in the minimum wages was stipulated in a decree issued by Riau Governor Saleh Djasit last Friday.
He said the minimum wage hike had gained support both from the local chapter of the Indonesian Employers Association (Apindo) and local branches of several labor unions.
He said only companies that had obtained a recommendation from a public accountant were exempt from the governor's decree. "Companies found violating the decree will be taken to court," he said. He added the wide gap in the minimum wage between Riau mainland and Batam was caused by higher living costs on the island.
In South Sumatra, the monthly minimum wage would be raised by 30 percent to Rp 331,500, from the current Rp 255,000, following a tripartite agreement between workers, employers and the local administration. "The decree on the minimum wage hike will be issued in the near future," South Sumatra Governor Rosihan Arsyad told reporters in the provincial capital, Palembang, on Saturday.
Eddy Tolangow, chairman of the local chapter of the All-Indonesia Workers Union Federation (FSPSI), said FSPSI had no other alternative than to accept the increase (by 30 percent), but the new minimum wage would cause more suffering for workers because of the expected rise of basic commodity prices next year. "Workers are trapped by the prolonged economic crisis and the soaring price of basic commodities," he said.
In Bengkulu, the provincial administration decided to raise the minimum wage by 23 percent to Rp 295,000, from the current Rp 240,000. Ronald Marbun, secretary of the local chapter of FSPSI, said that despite the low increase in the provincial minimum wage, FSPSI would fight for a higher increase in sectoral minimum wages. "We will fight for an increase to at least higher than Rp 300,000 in sectoral minimum wages," he said.
In South Kalimantan, the minimum wage would be raised by 28 percent to Rp 377,500, from the current Rp 295,000. Head of the local manpower and transmigration office Abdul Munasib Halike said the governor was expected to issue a decree on the minimum wage hike on Monday. He said both workers and employers had also agreed to increase the monthly minimum wage in the coal mining sector to Rp 475,000, and to Rp 382,000 in the tourism sector.
Earlier, North Sumatra, West Java, Jakarta, East Kalimantan, Central Sulawesi and Southeast Sulawesi announced increases in their minimum wage. Aceh, West Sumatra, Lampung, East Java, West Kalimantan, Irian Jaya, South and North Sulawesi, Bali, West and East Nusa Tenggara have yet to announce the minimum wage hike.
According to the law, the minimum wage should be announced three months before it takes effect. The new monthly minimum wages will be effective as of January 1, 2002.
Jakarta Post - December 10, 2001
Kartika Bagus C., Surakarta -- Thousands of workers employed in more than 40 textile companies in Surakarta, Central Java, face the threat of mass dismissal amid decreasing textile orders and fierce competition with other textile-producing countries, according to industry executives.
Udoko, chairman of the local chapter of the Indonesian Employers Association (Apindo), said that besides decreasing demand for Indonesian textile products in the international market, the United States had "embargoed" six categories of textile product from Surakarta as Indonesia had reached the import quota limit set by the two countries.
"Besides the decreasing demand for textile products, a possible failure to lobby the US government to lift the quota restriction will certainly have a negative impact on employment in textile factories in the town," he said here on Saturday.
Udoko said several textile companies had dismissed part of their workforce and placed some of their stock in their warehouse because of the state of the market. "For example, PT Sabatext Sragen has dismissed 800 workers over the last two months, while PT Sari Warna Asli (SWA) is considering laying off 1,100 of its 11,000 workers," he said.
He added that SWA had accumulated 12 million yards of textile while PT Dan Liris and PT Batik Keris had in stock 16 million yards of their product, due to the absence of buyers. "Most employers have given up and are waiting for a miracle to save their businesses," he said, adding that this complaint had nothing to do with the local administration's plan to raise minimum wages in the province.
Handiyanto, chairman of the local chapter of the Indonesian Textile Association (API), said producers had lowered their prices to compete with foreign textiles in the domestic market. "We are now in fierce competition with China, South Korea, Thailand and Australia, which have dumped their products here to gain entry into the domestic market," he said.
Handiyanto, also president of Dan Liris, acknowledged the textile sector was the worst hit by weakening global trade following the devastating terrorist attacks in the US on September 11.
Yowono, a financial consultant of PT Sritex in Sukohardjo, near the town, said the recent anti-US sentiment in Surakarta has also affected the textile market. "Many foreign buyers have declined to come to Surakarta because of recent anti-US demonstrations in the town," he said.
He added that workers employed in the printing division of textile factories in the town had been laid off because of the buildup of stock.
| Aceh/West Papua |
Green Left Weekly - December 12, 2001
Max Lane -- The cities and towns of the northern province of Aceh were almost like ghost towns on December 4, the 25th anniversary of the GAM, the Free Aceh Movement.
In the two largest cities, Banda Aceh and Lhokseumawe, all public transport vanished from the streets. The banks were open but there were no customers. Shops were closed all morning until Indonesian army soldiers appeared and ordered that they open, but they did little business.
According to Beureuh news service, the most silent area was Darussalam, the university and college town near the capital, Banda Aceh. All classes and lectures stopped. There was nobody on the streets. Even the banks were closed.
While not particularly popular in its first two decades, the GAM emerged as a symbol of resistance in rural Aceh after former dictator Suharto launched an all-out war against the then small group. Now, with more than 90% of the population seeking independence, the GAM flag has become a de facto national flag of independence.
In 1999 and 2000, December 4 was marked by the population raising the Acehnese flag. Prior to this December 4, the commander-in- chief of the GAM armed forces, Tengku Abdullah Syafii, issued a statement apologising to the Acehnese people for ordering them not to participate in this year's commemoration. In a statement sent to the Acehnese newspapers, Syafii said that this was "to protect the people given that the Indonesian Army is everywhere".
Colonel Yahya Sos, head of the local Indonesian army command, had already issued a statement ordering people not to join any celebrations and to continue their business as usual.
The main newspaper in Aceh, Serambi, quoted a signed instruction by Sos which stated "People do not need to commemorate GAM's anniversary because its presence only causes instability". His order also stated that "storing or flying the GAM flag is treason to the Acehnese nation" and "the Indonesian army and police [are] prepared to take strong action against certain elements that [are] obstructing the daily activities of the people".
Speaking to Green Left Weekly over the phone from Banda Aceh on December 5, Kautsar, the chairperson of the Acehnese Peoples Democratic Resistance Front (FPDRA), described the situation in Acehnese cities as one of intense military occupation.
"On days of great moment, like the GAM anniversary and even on Indonesian Independence Day, people feel they need to protect themselves against intensification of military repression. There are military on patrol everywhere: stationed at every government office, at all the bus terminals, at major intersections, everywhere. The people are under constant intimidation."
According to Kautsar, the most dangerous and threatening development was the increase in the number of military patrolling the towns in cars and dressed in civilian clothes.
Kautsar said that most Acehnese groups now accepted the assessment that there were 60,000 TNI troops in Aceh.
"There is more and more repression against any kind of political organising", he told GLW, "statements by military commanders now emphasise that organising by civilian organisations in the city are all machinations of GAM. To be accused of being GAM puts you directly in the firing line."
Kautsar himself has just been freed after five months detention for organising a peaceful protest against Exxon-Mobil's support for TNI activities.
"The military are especially keen to keep the urban and rural populations apart", he continued.
"Entrances to villages are kept under close surveillance. Urban people are quickly stopped and questioned and told to return to the towns. They want to keep urban people, especially if they are from political or civic organisations, from linking up with the discontented rural people. The statements about civilian political organisations really being the creations of GAM are a part of the attempt to isolate the civil democratic groups in the towns."
Kautsar explained that repression was also intense in the rural areas and that GAM was now almost only able to carry out armed actions. Open organising in the villages was now almost impossible.
There was also massive economic disruption in the rural areas. More than 20% of plantations, involving hundreds of thousands of hectares and thousands of workers, lay idle as workers leave areas where military clashes between TNI and GAM are most intense.
Other Indonesia-based human rights organisations confirm the intensifying militarisation. According to Kontras, one of the most respected of these, there have been more than 544 documented cases of extra-judicial killing since April 2001. Kontras says there are many other cases which appeared credible but which it had not been able to fully document.
The intensification began when the TNI established a powerful new body the Operational Command for the Restoration of Order, in January 2001.
"A ceasefire is crucial now", said Kautsar. "The Indonesian government and GAM have already agreed to a ceasefire but clearly Jakarta remains reluctant. We have helped form the Civic Democratic Coalition, comprising many of the civic democratic groups in Aceh, but not including GAM. We are also demanding that Jakarta and GAM start the ceasefire.
"Another part of the agreement between GAM and Jakarta reached at negotiations in Geneva was that all groups could campaign openly for their perspectives. This is not being allowed either."
Kautsar also stressed that any ceasefire must involve the United Nations or some other substantial international institutions.
"At the moment the only international monitoring is done by the Henry Dunant Centre, and it has neither the necessary authority nor resources," he said. The Henry Dunant Centre is a non- government humanitarian organisation established in Geneva on the initiative of the International Red Cross.
The Acehnese movement leader said he is confident that the members of the Civic Democratic Coalition will accept the risks and continue to organise despite them: "We know to that popular support for a referendum is still very widespread. The people are fanatics about a referendum and independence, but they are not wed to any particular organisation, not even GAM."
The Civic Democratic Coalition comprises human rights groups through to pro-referendum groups and also includes openly pro- independence groups, like FPDRA itself. Only GAM is excluded.
Explains Kautsar, "We are not opting for armed struggle. But we are still very hemmed in. We need to internationalise the Aceh issue but mainly prioritise work in Indonesia itself."
Kautsar explained there was now broad support among humanitarian, community and genuine democratic organisations in Indonesia for a non-military approach to the Acehnese questions.
"Many of these do not support independence for Aceh but autonomy, but they do oppose the Megawati government's military approach. So far it is mainly the Peoples Democratic Party that has a formal position of supporting a referendum on independence. Its leaders, like Dita Sari, raise the issue wherever they speak."
Jakarta Post - December 14, 2001
R.K. Nugroho, Irian Jaya -- Papuans are becoming increasingly impatient with the slow pace of the investigation into the death of independence leader Theys Hiyo Eluay, who many believed was murdered for political reasons.
Meanwhile, Irian Jaya Police chief Insp. General I Made Mangku Pastika said on Thursday that they would not reveal preliminary findings about Theys' death in order not to disrupt the investigation process. He did not elaborate.
Over 1,000 students and residents of provincial capital Jayapura protested in front of the office of the Irian Jaya governor on Thursday, calling for the setting up of an independent international team to probe Theys' murder last month.
Early on Thursday morning, police forcibly dispersed protesters occupying the office of the Irian Jaya governor since Tuesday.
The protesters also expressed strong objections to the autonomy law, which is expected to be formally handed over to Papuan elders by President Megawati Soekarnoputri when she visits the province later this month, and the planned deployment of additional troops in Irian Jaya.
The demonstration at the tightly-guarded gubernatorial office was the second in three days after last Tuesday when hundreds of students held a rally at the office, demanding a meeting with Irian Jaya Governor Jaap Salossa.
On Thursday, Jaap bowed to their demands for talks. He was accompanied by Trikora Military Commander Maj. Gen. Mahidin Simbolon, Irian Jaya Police chief Made Pastika and head of Irian Jaya High Court Togar Hutabarat as well as other senior government officials.
"Traitor, traitor," shouted the protesters when Jaap told the crowd that Irian Jaya should accept the wide-ranging autonomy status as the best solution to develop the troubled province.
During the meeting protesters urged the government to organize national and international dialogs to review the province's political status. According to the protesters, the future of Irian Jaya should be determined through a referendum, as was done in East Timor where people are asked to choose between accepting the proposed autonomy within the unitary state of Indonesia or breaking away from Indonesia.
Under the autonomy law, which was endorsed by the House of Representatives in October, Irian Jaya would be renamed Papua and would be allowed to have its own flag and anthem and would receive a greater share of the revenue from its rich natural resources.
Governor Jaap said that the autonomy law was drafted by Papuans themselves including the rector of Cendrawasih University Musfakrik, lecturers and religious leaders in Irian Jaya. "It is our responsibility to improve the welfare of Papuans and we are determined to work for the betterment of the Papuan people," Jaap told the protesters.
Trikora military chief Mahidin, for his part, denied allegations that more troops would be deployed in the country's easternmost province. "I know nothing about the report. It's only the work of the media. There is no such a plan," he said.
Pro-independence protests have risen since the murder of independence leader Theys, chairman of the Papuan Presidium Council (DPP) in November. He was found dead in his car on Nov. 11 after attending a military function in Jayapura. Autopsy reports show that he died from suffocation.
In Jakarta, the National Commission on Human Rights (Komnas HAM) said on Thursday that it would recommend that the government set up an independent team to probe Theys' death, its secretary- general Asmara Nababan said.
The commission, after a five-day fact-finding mission in Irian Jaya earlier this month, said on Wednesday that there was a need for an independent inquiry into the incident, which is believed to have been politically motivated.
Agence France Presse - December 13, 2001
Four separatist rebels have been killed in the latest violence in Indonesia's troubled province of Aceh, security authorities said.
Soldiers killed four suspected members of the Free Aceh Movement (GAM) in a gunfight Wednesday in Aceh Besar district, said military spokesman Lieutenant Colonel Firdaus.
Firdaus told the Antara news agency the skirmish broke out after the troops crossed paths with dozens of GAM rebels in the area. A local GAM commander was among the four killed rebels. Troops also confiscated three automatic rifles and 800 bullets, Firdaus said.
GAM has waged a guerrilla war for an independent state in Aceh since 1976. Aceh, an oil- and gas-rich province on the north of Sumatra island, has been wracked by violence between separatist rebels and security forces. More than 1,600 people have died this year alone.
Agence France Presse - December 11, 2001 (abridged)
Jakarta -- More than 1,000 students and youths demonstrated peacefully in Irian Jaya Tuesday to demand quick answers over the murder of pro-independence leader Theys Hiyo Eluay last month, police said.
"There is no violence and so far the rally has proceeded peacefully. The only problem has been traffic congestion as they marched to the governor's office," Jayapura Police Chief Adjunct Senior Commissioner Daud Sihombing told AFP. He said the 1,000 demonstrators had marched some 20 kilometres from Abepura east of Jayapura, the capital of Indonesia's easternmost province.
But Daniel Randongkir from the Elsham human right groups put the number of demonstrators at some 1,500. Randongkir said the protestors had come from Sentani, the hometown of Eluay, and from Abepura.
"They had basically two demands, the first that the case of the death of Mr Eluay be quickly settled and the second was to reject the upcoming visit to Jayapura by President Megawati Sukarnoputri," he said. The rally progressed peacefully, Randongkir added.
Megawati is scheduled to visit Jayapura on December 22 to celebrate Christmas in the largely Christian province and mark a special autonomy law for Irian Jaya that takes effect on that day.
The protestors had demanded a meeting with the local leaders of the administration, the security forces and parliament, but the governor was not in Jayapura. About 600 stayed behind after the others dispersed, saying they would camp in front of the governor's office.
Tensions have risen in Irian Jaya in the wake of last month's killing of Eluay. Police have yet to catch his killers. Eluay, 64, who headed the pro-independence Papua Presidium, went missing on November 10 while driving home from a ceremony at a base of the Kopassus special forces in Jayapura.
Agence France Presse - December 10, 2001
Banda Aceh -- Four people have been found murdered in Indonesia's troubled Aceh province, apparently the latest victims of separatist violence, health workers said Monday.
The bodies were discovered Sunday in a rubber plantation in Langkat, a district in North Sumatra province which borders Aceh, a local paramedic said.
The victims all bore gunshot wounds in the head and torture marks and appeared to be in their 20s, said the paramedic, who declined to give his name. Residents said they heard gunfire the previous evening.
| 'War on terrorism' |
Jakarta Post - December 14, 2001
Fabiola Desy Unidjaja, Jakarta -- National Intelligence Agency chief A.M. Hendropriyono backtracked on Thursday from comments he made one day earlier that an international terrorist group in Poso were exacerbating the Christian-Muslim conflict there.
Intelligence officers found an abandoned site in one of Poso's districts that was once used as a training camp by the international group, the retired three-star general told reporters after a Cabinet meeting.
Hendro refused to answer when asked about the exact location and the time of the discovery saying only that the government confirmed its finding after members of Osama bin Laden's al-Qaeda group arrested last month in Spain alluded to the Poso training camp.
"The training site was not used by Indonesians, but by foreigners ... While, those who are involved in conflict in Poso are Indonesians against fellow Indonesians, Muslims against Christians," he said.
The result of the investigation in Spain into the al-Qaeda network included reports that it had trained 3,000 multinational troops in Indonesian camps. Indonesian Police had denied the reports.
Hendro statements differed from other top officials including the chief security minister who maintained that the presence of an international terrorist group in the Central Sulawesi town had yet to be proven.
On Wednesday Hendro said that Poso had been utilized by members of al-Qaeda group to establish their bases and training centers. "I announced it because it is time to give a warning. I have to warn the [Poso] people so that they are not used by foreigners," Hendropriyono said
Central Sulawesi police chief Brig. Gen. Zainal Abidin Ishak denied Thursday the involvement of al-Qaeda members in Poso, Antara reported.
The Poso conflict which was triggered by a regent election in 1998 has continued intermittently taking more than 3,000 lives.
Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono and National Police chief Gen. Da'i Bachtiar said the government would investigate the abandoned training site.
Some deserted facilities have been found there, Susilo said. "But we will not conclude straight away that we have found a terrorist camp. We will continue our investigation," he said.
However, the government will take legal action if there are indications that terrorist training activities did occur in Poso, he said. "Currently we have yet to determine which organization had used the site and for what," he said, adding that the current warring groups in Poso were not related to the terrorist organizations.
Plans are afoot to hold peace talks in Malino mountain resort near Makassar for the warring parties in Poso before Christmas.
Jakarta Post - December 14, 2001
Kurniawan Hari, Jakarta -- Legislators rejected on Thursday some articles in the government-sponsored antiterrorism bill which, it was widely feared, would justify human rights abuses.
They said they would call for a revision of those articles as soon as the bill was submitted to the House of Representatives (DPR) for deliberation. "The articles will have to be revised," said Burhan Djabir Magenda, a member of House Commission I for defense and security affairs.
Fellow legislator Chozin Chumaidy added, "We will scrap any articles that are not in conformity with human rights values," in a telephone interview with The Jakarta Post.
The legislators were commenting on the antiterrorism bill, which is currently being drafted by the justice and human rights ministry. The bill will be presented to the House for deliberation next year.
A controversial article in the bill stipulates that a suspected terrorist does not have the right to be represented by a lawyer, to refuse interrogation, to be freed on bail or to establish contact with any other person, including relatives.
The team is working on a second draft, which would require differentiation in the treatment between local and foreign terrorist suspects. Indonesians would be prosecuted in accordance with Criminal Code procedures and foreigners under the strict antiterrorist law.
Head of the law-drafting team Romli Atmasasmita has acknowledged the team was aware that the article infringed basic rights but was necessary to deter terrorism. The team wished to protect the basic rights of potential victims of terrorism in preference to the rights of terrorists themselves.
Burhan said, however, that a suspected terrorist still needed advice from a lawyer to ensure that his rights were being respected. He emphasized that application of the law should be the same for anyone, as with any other law.
Critics say that the bill was reminiscent of the now-defunct law No. 23/1959 on subversion. In 1999, the government prepared a bill that dealt with states of emergency. The bill, considered just as repressive and passed into law by the House, was suspended due to public pressure.
Among the articles in that bill was the authority granted to the military in a state of emergency to ban public access to communications and information media for the sake of national unity.
Jakarta Post - December 11, 2001
Tiarma Siboro, Jakarta -- Legal experts strongly criticized on Monday the antiterrorism bill currently being formulated at the Ministry of Justice and Human Rights, saying that the bill has condoned violence in its articles.
Asmara Nababan, secretary-general of the National Commission on Human Rights (Komnas HAM), urged the government to revoke the bill as it could violate someone's basic rights and Article 28 of the 1945 Constitution, which stipulates that someone must be treated humanely before the law.
"Even a suspect has non-derogative rights before investigators, which include representation by a lawyer; the right to communicate with family members; the right to remain silent; and the right to bail. "Should these rights is abolished by the government, we are creating a draconian law," Asmara told The Jakarta Post.
Following the September 11 terrorist attacks on the US, the Indonesian government began drafting an antiterrorism bill, which is expected to be finished this month to be handed over to the House of Representatives for deliberation. The formulation of the bill is in response to the US government's call to cut off funding sources from terrorist groups as stipulated in United Nations Security Council Resolution No. 1373.
One article of the bill, however, takes away a suspect's basic rights as it says that an alleged terrorist has no right: (a) to be represented by a lawyer; (b) to be silent before investigators; (c) to receive bail; (d) to communicate with people including his family.
Former director of the Foundation of the Indonesian Legal Aid Institute (YLBHI) Bambang Widjojanto shared Asmara's views, saying that the government has been exploited by an outsider with its "own interests". "If we refer to the article, we realize that it adopts an unjust procedure within our legal system which actually had been dropped years ago," Bambang said. He further asserted that combating terrorism with violence would not solve the problem as "terrorism itself is the result of a system of injustice and violence."
| Government & politics |
Jakarta Post - December 12, 2001
Jakarta -- The House of Representatives (DPR) passed a bill mandating the creation of a council to help the President develop a policy on national defense into law Monday.
Under the legislation, the creation of the National Defense Council, Wantanas, will help assist President Megawati formulate a general policy on the nation's defense, aimed specifically at safeguarding territorial integrity.
The law stipulates that the policy must be geared towards defense of Indonesia from threats both internal and external. It also requires that the National Military chief is appointed and terminated by the President on the approval of the House of Representatives.
"The law needs to be socialized soon, so that the public will have clear understanding about it," said Defense Minister Matori Abdul Djalil.
| Corruption/collusion/nepotism |
Jakarta Post - December 14, 2001
[On November 21 President Megawati Soekarnoputri signed off on a new anti-corruption law. Teten Masduki, chairman of Indonesia Corruption Watch, in an interview with The Jakarta Post contributor Christiani Tumelap, criticizes the definition of corruption adopted in the new law on the grounds that it only covers activities that cause a financial loss to the state.]
Question: What is the significance of the new Anti-Corruption Law no. 20/2001?
Answer: There are only three new things in this revised law [a revision of law no. 3/1999], namely, the adoption of the reverse burden of proof from the prosecutor to the defendant, [prescriptions on dealing with] "gratifikasi", or money given to state institutions and a transitional clause.
One slight improvement is in the adoption of the principal of the reverse burden of proof, in which the defendant will be asked to prove his or her innocence. Unfortunately, this principle only applies at the court level.
Many corruption cases are kept under the carpet at the investigation and prosecution stages. The police sometimes cancel their investigation saying they lack evidence. In court, defendants are likely to be freed because the charges brought by the prosecutors are inaccurate.
This new law actually imposes somewhat tougher punishment on corrupters, which is good. It also has a clear transitional clause to ensure that acts of corruption which occurred before this new law was enacted can still be processed under the earlier 1999 anti-corruption law.
But it will not fix the real problem that has long plagued our law enforcement institutions. As the burden of proof is put on the shoulders of the prosecutor and police, the chances for the police or prosecutor to be involved in a conspiracy with the suspect are even greater. If the prosecutor says no evidence is found, the corruptor will walk free no matter how large the sum of money he misused.
Obviously, there's great fear in the government and in the legislature [DPR] about applying the reverse burden of proof from the very beginning at the investigation level.
Because they're involved?
Perpetrators of many acts of corruption are actually the politicians themselves. Will people create a machete to cut their own necks? It's simply impossible to expect a corrupt political society to create a fair legislative product.
They [the politicians] made very limited revisions. Oh, just apply the reverse burden of proof at the court level and we'll be fine. Yes, they can sit back and relax as long as they can pay the prosecutor and the police ... So how will this new law affect the eradication of corruption?
It will be more significant in bolstering corruption, especially within the bureaucracy, because this law provides a chance to allow state institutions to accept some sort of "gratification" of less than Rp 10 million [US$980]. This is a huge amount for state employees who mostly earn far less than half that amount.
Receipt of a "gratification" must be reported to the anti- corruption commission, which is yet to be formed. The commission will then decide whether or not there is a conflict of interest implied in the payment of the gratification, thus it decides whether the money given to the state institution can be kept or must be handed over to the government. [If not reported to the commission, evidence that the receipt of an amount exceeding Rp 10 million is not a bribe must be provided by the recipient; if less than Rp 10 million, proof that the money is not a bribe must be provided by the prosecutor - Ed.]
Of course the civil servant could just find a way to prove [that the money is not a bribe]. The amount of Rp 10 million means almost nothing for the higher level employees. The law is apparently aimed more at the higher level. The problem is, bribery involving high-level officials is no longer conducted using money, but 'golden' shares and other strategies that are not covered by the law.
So you don't believe the law will help curb corruption?
No, I don't, partly because it still defines corruption in a very restricted way, as an act that causes a financial loss to the state. This kind of thinking must be changed. Corruption is an abuse of power. In many other countries like Hong Kong and Malaysia, any act of power abuse is categorized as an act of corruption.
The law says that the state, through the prosecutor and police, is the only party with the authority to bring corrupters to court. Yet corruption has caused losses to the public and the perpetrators of corruption are the state institutions.
There should be an opportunity for people to bring corrupters to court. Due to the restricted definition of corruption, there are many corruption cases that have clearly inflicted a loss on the public but have not been brought to court mainly because authorities say such acts do not cause financial loss to the state, but to the private sector.
What is the main factor behind corruption here?
Corruption has nothing to do with culture. The difference between theft and corruption is that a thief will steal 10 hens but a corrupter will ruin the poultry industry. Corruption is closely related to policy and power. Our political structure has contributed a lot to the development of corrupt practices.
Many who hold political power now tend to allow corruption and even practice corruption. It's also a mentality. Some can still tolerate corruption. Many others start to hate corruption and try to fight against it, but face limitations in law enforcement and the legal system.
Hasn't there been the least sign of decreasing corruption since Soeharto quit the presidency?
The number of perpetrators has instead grown and they do it [corruption] more openly. Corruption under Soeharto evolved within the palace; corruption is now widespread in many political parties, which copy the way people of the New Order gathered political funds. Now they're the main perpetrators of corruption. And the justice system is also corrupt.
We need good leaders who won't hesitate in fighting corruption and strive to keep the rest of the bureaucracy clean.
What about Megawati?
She has appointed an attorney general from the Attorney General's Office, which is notorious for its corrupt environment. She made statements against corruption on three occasions but has not acted on what she said. She should have at least issued a law on freedom of information and a law on witness protection. How many state institutions are still clean
Less than one percent. Sixty percent of the budget has been corrupted -- 30 percent from the budget's income and the rest from expenditures. And only up to 30 percent of the potential or paid taxes are actually sent to the state's coffers. So what should be done to eradicate corruption?
A significant change in the political structure is a must. We also need new people. Judges and prosecutors are appointed by politicians. If politicians and officials are corrupt, how can we expect them to appoint clean judges and prosecutors or conduct reform in the justice system?
Straits Times - December 14, 2001
Derwin Pereira, Jakarta -- Golkar chairman Akbar Tandjung's days are numbered as parliamentary speaker and party leader as foes within and outside Golkar conspire to establish a special commission to probe his involvement in a damning financial scandal.
Even as the battle-hardened Mr Akbar stood defiant in the face of a potentially long-drawn fight, legislators across party lines were veering towards removing a politician who played a key role in ousting the last two presidents.
Sources told The Straits Times that the momentum was growing after President Megawati Sukarnoputri's Indonesian Democratic Party - Struggle (PDI-P), the largest parliamentary faction, appeared to close ranks to throw its weight behind setting up a probe team.
The key to the success of establishing an investigation would be how the 153 PDI-P members would vote in a planned plenary next month. A two-third majority is required in the plenary for the proposal to pass.
The PDI-P had initially been split on the matter, with Golkar seeking to use its links with Ms Megawati's husband Taufik Kiemas to get the party to back down from any political offensive. But senior PDI-P official Roy Janis disclosed yesterday that Ms Megawati had ordered party rank and file to "get tough" on corruption.
The scandal was another test case for the government that could prove to be a liability if it escaped proper parliamentary and legal scrutiny. "Ibu Mega has made it clear that she wants to rid the country of corruption. We will be expected to support a commission to see if Akbar is guilty."
Observers said that besides the PDI-P, other parties that once stood by the Golkar leader were also joining ranks against him. These included the National Awakening Party (PKB), the Crescent Star Party (PBB) and perhaps even the Muslim-based United Development Party (PPP).
Vice-President Hamzah Haz, who heads the PPP, had tried to put a lid on efforts to topple Mr Akbar, but party sources said that he had given up now given that there was growing pressure to act. Noted a PPP member who declined to be named: "A lot of members now see this as a chance to take revenge against Akbar for some of the things he has done against us in parliament."
Golkar is blocking such efforts. But even that wall is beginning to crumble. Over the past two weeks, the party tried to block without success attempts to hold a plenary, a precursor to the special commission being set up.
Forces within the party revolving around former economic czar Ginandjar Kartasasmita and members from the eastern Indonesian islands are riding on this wave of anti-Akbar sentiments. Sources said that they were quietly lobbying the PDI-P and other parliamentary factions to take a hard line on the matter.
Putting Mr Akbar in bad light would help the cause of several Golkar cadres. They are trying to topple him from the party leadership to clear the way for their own political ambitions ahead of the 2004 election.
But the beleaguered Golkar leader is not about to give up so easily. Sources close to him said that even if a probe team finds him guilty of siphoning 40 billion rupiah (S$7.6 million) from the State Logistics Agency (Bulog) to help Golkar's 1999 election campaign, he would not relinquish his party chairmanship.
Jakarta Post - December 13, 2001
Jakarta -- United Development Party (PPP) chairman Hamzah Haz dismissed on Wednesday media reports claiming that his party had received money from the State Logistics Agency (Bulog) and then president B.J. Habibie in 1999.
"None of the reports are true. You [journalists] can just try to prove yourselves ... If the reports are not true, we may sue them (media)," Hamzah, who is also the vice president, said as quoted by Antara after attending a graduation ceremony atthe National Resilience Institute (Lemhannas).
On media reports that he had received Rp 25 billion (US$2.5 million) from Bulog and Rp 14 billion from Habibie, Hamzah maintained that neither himself as a private citizen nor the PPP as an institution had anything to do with the Bulog scandal.
The Golkar Party, which has been implicated in the alleged misuse of Rp 40 billion in Bulog nonbudgetary funds, recently claimed it was not the only political party that had received Bulog funds, saying that almost all parties contesting the 1999 general election had received financial support from the agency.
Hamzah said none of the allegations would have an effect on his party nor on his performance as Vice President.
Reuters - December 10, 2001
Jakarta -- The majority of factions in Indonesia's parliament on Monday rallied behind the idea of a probe into a financial scandal with which its influential speaker has been linked, a move that could boost political instability.
The full parliament has yet to vote on the issue but a majority of the 76 legislators in its consultative body backed the idea of a special committee that would investigate speaker Akbar Tandjung, who also heads the former ruling party Golkar.
Parliament adjourns for a holiday recess from this week with no vote on the matter anticipated, but the 500 members are expected to convene early next year with the issue at the top of their agenda.
"I am very optimistic that the special committee to probe the [financial] scandal will be formed because they [the consultative body] represent [all] factions in the parliament," Firman Jaya Daily, a legislator from President Megawati Sukarnoputri's Democratic Party-Struggle, told reporters.
If the full parliament does go ahead, it will be the second such investigation in its history. The first involved the national food agency Bulog and helped trigger the political demise of former President Abdurrahman Wahid earlier this year.
The latest scandal involves the channeling of 54.6 billion rupiah ($5.3 million) -- also from the food agency Bulog -- to Tandjung's office when he served as a state secretary in 1999. Tandjung has denied any wrongdoing and said he ordered a charity to use the money to buy staple food for the poor.
The scandal could hurt Tandjung's Golkar party -- already tainted due to its past links with the country's former autocrat ruler Suharto -- but it could also challenge the government of Megawati, which needs Golkar's support to survive. Golkar is still the second largest party in parliament and many of its officials still hold important posts in government.
| Regional/communal conflicts |
Jakarta Post - December 12, 2001
Ambon -- The situation in Ambon, the provincial capital of Maluku, was tense on Tuesday morning following an explosion onboard the California passenger boat, which was in Ambon Bay sailing from Benteng seaport to Galala ferry port.
Thousands of people stormed the city's streets, burned the Ambon Municipal Legislative Council, threw stones at the gubernatorial office and then moved to the Maluku Provincial Legislative Council in protest against the local authorities' inaction in bringing peace to the conflict-prone province.
The city was immediately paralyzed, with shops and offices closed while on the streets only about 25 percent of public transportation vehicles operated besides becak (pedicabs).
There has yet to be an official explanation about the explosion onboard the California, which occurred at 9:15 a.m. local time. Witnesses said they believed a bomb had been planted on the vessel, while others said an explosive had been thrown at the boat from a passing speedboat.
The number of casualties in the incident has yet to be determined. Antara reported that one passenger, identified as Noce Limahelu, had died in the explosion, while The Jakarta Post interviewed people who claimed that dozens had suffered burns while others had been injured by shrapnel.
All the victims were rushed to the Navy's Halong Hospital and the Dr. Haulussy General Hospital.
Maluku Governor Saleh Latuconsina was not available for comment, but Maluku Provincial administration spokesman Cak Saimima said the governor was still in his office as of 11:40 a.m. local time.
South China Morning Post - December 11, 2001
Chris McCAll, Poso -- Osama bin Laden's photo adorns sentry posts along the road into Poso, with the words "jihad post" scrawled on the wooden walls. Above them fly flags bearing Arabic calligraphy and sometimes the image of a sword.
Inside them the occupants may well be asleep. But a few weeks ago it was not like that. Traffic was stopped at checkpoint after checkpoint mounted by armed Muslims, carrying out ID checks. The identity card that all Indonesians must carry states their religion. There were reports of summary abductions and executions when that religion turned out to be Christian.
After a wave of international concern, Jakarta has now flooded the region with heavily armed riot police, whose assault rifles are stacked up neatly in front of the police station in Poso town. Riot police have replaced many of the jihad fighters on the sentry posts. Traffic can get through, at least for now.
The worn-out people of Poso have seen it before and remain to be convinced. The burnt-out houses all along the route are adequate testimony to their misery. The barricades could go up again at any time. And getting on with one jihad group does not necessarily mean getting on with all. They are a complex mix.
"There are a lot of small groups," said one police officer. "They do not co-ordinate between themselves. Each one has their own form of thinking."
The most prominent is Laskar Jihad Ahlus Sunnah Wal Jamaah, which says it has 1,000 forces in Poso. But it is a relatively recent arrival. Others came in before, with names like "Mujahedeen" and "Matador". Some of the volunteers came from Java, others from Ambon.
Abu Umar, the provincial head of Laskar Jihad, blames the Christian so-called red forces for triggering the latest problems. It began, he said, on October 21 with an incident in the village of Mapane, just outside Poso. "The Muslims wanted to take the cocoa from the plantations. They asked for defence from the Laskar," he said, "and a group of his fighters accompanied them. While at the fields they met around 200 red forces with weapons. They pushed them out. They were separated by the security forces. But they were in their own plantation. It was not the red group's site." A police officer was killed in the incident.
Much of the lands on which the cocoa grows is now in the red zone, which Muslims dread to enter just as much as Christians fear to enter the Muslim white zone. The boundary runs right through these plantations. Little wonder that much of the fruit goes unharvested, despite its value.
The police and military say they are caught in the middle. The terrain is difficult, with few telephone lines. Even radio contact is not possible in many areas. They have been accused of bias by both sides. Now they are being sued by Laskar Jihad over the recent arrest of 29 Muslim "victims" of the Mapane incident.
But provincial police spokesman, Assistant Senior Commissioner Agus Sugianto, said now, with the central Government taking a greater interest, things should start to change -- thousands of men have been promised to restore security within six months.
But he said reconciliation was the key and that seems a long way off. Laskar Jihad argues that the Christians started this conflict and should repent.
Earlier this year, Fabianus Tibo, a Christian, was sentenced to death with two associates for allegedly masterminding large-scale violence last year in which most of the victims were Muslims. Laskar Jihad said a further 16 people on a list provided by Tibo should logically also be sentenced to death. The list includes the head of the Central Sulawesi Christian Church's Crisis Centre, Rinaldy Damanik, a Protestant minister.
Many Christians also distrust the Muslim governor of Central Sulawesi, Aminuddin Ponolele, and believe he has deliberately allowed the jihad groups in, with weapons.
Along the route, a sign proclaims the area "a kitchen of suffering" as Muslims go about collecting alms.
For some Muslims elsewhere in Indonesia, the war has taken on a religious significance. According to Islam, they argue, they are obliged to help their fellow Muslims in trouble. And should they die in a holy war, according to Muslim doctrine, their soul will ascend directly to heaven. "The war is not over," reads the graffiti on a derelict house going into Poso.
| Local & community issues |
Jakarta Post - December 14, 2001
Ahmad Junaidi, Jakarta -- The City administration is hastily implementing stopgap measures to prevent an outbreak of disease threatened by the mounting piles of trash throughout Jakarta, neglected as a result of the dispute over the Bantar Gebang dump site.
The specter of cholera, diarrhea, dysentery, influenza and bronchitis now lingers over the capital, a result of the authorities' ineptness in dealing with the garbage crisis. If preventive measures are not consistently pursued, Jakarta could be facing a possible epidemic by Christmas.
Jakartans are also being urged to be more careful in discarding their trash, by either burning it or ensuring that garbage was tightly sealed in plastic bags.
City Health Agency chief Abdul Kholik on Thursday warned that "without proper treatment, the diseases could erupt in two to five days."
Authorities have now resorted to spraying disinfectant chemicals on the garbage, which is lying in the open in temporary garbage lots and in the back of some 700 dump trucks parked in sanitary offices across five mayoralties, to avert a health crisis. After initiating the spraying on Thursday, authorities said the measure would suffice for five days.
But Health Agency officials soon made a desperate plea for emergency funds as they may not be able to afford the Rp 76 million cost of the next round of spraying. "We don't know how to finance it if the trash continues to mount," Kholik complained, adding that the cost was Rp 200 per square meter of garbage surface.
He claimed that some 300 health community centers and hospitals in the city had been told to take pre-emptive steps to prepare for an outbreak of disease.
Garbage has been building up since Monday, when the main garbage dump site at Bantar Gebang in Bekasi was closed due to a dispute between the Bekasi mayoralty and the Jakarta administration.
Claims by the Jakarta administration that it had prepared alternative sites have proven to be misleading, and as a result garbage has either been left neglected in temporary community dump sites or on board dump trucks that have nowhere to dispose of it.
Jakarta and Bekasi reportedly continued to negotiate on Thursday, but with little progress. Jakarta Governor Sutiyoso on Thursday could only express his hope that the talks would soon produce results.
The crisis has proven that the administration has no strategy for adequately handling the 25,000 cubic meters produced by the city every day.
According to Kholik, open garbage encourages the growth of larva, which within two to three hours can produce flies and other insects that cause germs to become airborne.
Members of the local council were full of recriminations on Thursday but offered few solutions, focussing instead on past suggestions they had made that could have averted the crisis.
Councillor Tjuk Sudono of the National Mandate Party urged the administration to distribute huge trash bags so garbage would not be left exposed in the open air. "With the garbage neatly stored, the city buys time to find alternatives for handling it," Tjuk of the council's commission D for development affairs said.
He further rebuked the administration for disregarding past council proposals on waste management, which included constructing a giant waste incinerator.
Jakarta Post - December 11, 2001
Annastashya Emmanuelle, Jakarta -- Jakarta may sink under a mountain of rotting garbage within a matter of days unless the city administration finds new appropriate dump sites for the 25,000 cubic meters of household trash that the city produces daily.
On Monday, the Bekasi administration closed Jakarta's dump in Bantar Gebang, Bekasi, and only dozens of trucks managed to dispose of trash at the site before being banned by Bekasi administration officials. This means that far less than half of the city's total amount of garbage was disposed of on Monday, as 800 trucks are usually required to transport Jakarta's garbage every day.
This also means that most household garbage has been left to pile up, either at temporary dump sites in neighborhoods, or at transit dump sites scattered across the city.
City sanitary agency officials remain uncertain as to where to transport the city's garbage following the closure of Bantar Gebang dump, which was marked by clashes between scavengers who lived on the dump and local residents who demanded the dump's closure. The conflict resulted in the burning of two garbage trucks and the destruction of other vehicles by local residents.
City officials confirmed on Monday that most of the day's trash from the city had been left untransported as most garbage trucks were not in operation.
According to city officials, some new locations were preparing to be used while other possible locations were being scouted for. "It is still under discussion [of where to dump the trash]. Today, there are many garbage trucks parked at the office because it remains uncertain as to where to dump the trash," said Saman Rachmat, an employee of the city's sanitary office in South Jakarta.
The Bekasi administration insisted on closing the dump on Monday due to environmental degradation it caused to the surrounding area, not in 2003 as earlier agreed. Both disputing parties, the Jakarta and Bekasi administrations, failed to find a solution to the conflict after discussions, mediated by the Ministry of Home Affairs, ended in deadlock on Sunday.
Saman said some officials inspected on Monday a location in Gunung Sindur, Bogor, another alternative location to dump the city's garbage. He did not elaborate on the result of their visit.
An official at the West Jakarta sanitary office said that, in the meantime, they would direct small trucks to a dump in the Kapuk area, while larger trucks were to unload garbage at Kedaung, Tangerang. "But this will only be temporary, until we receive further instructions," said Ratmo Muhiddin, a member of the operational staff at the office of the West Jakarta sanitary agency.
The East Jakarta office will also be transporting their garbage to Kapuk, as well as to Sunter, North Jakarta and Tegal Alur in West Jakarta. Governor Sutiyoso announced earlier that garbage would be taken to Tegal Alur and Kamal Muara in West Jakarta, Cakung-Cilincing area in North Jakarta and Pulo Gebang in East Jakarta.
Clashes at the Bantar Gebang dump site on Monday left two garbage trucks burnt and 21 others damaged. Bekasi officials were recording license numbers and slapping stickers on some 40 garbage trucks entering the site when the clash broke out. The stickers declared Bantar Gebang out of bounds to garbage and all the trucks that bore the stickers.
Apparently provoked by the attitude of some locals, some scavengers burst out of the site and chased locals. A clash ensued, though, being outnumbered, the scavengers soon rushed for cover back at the dump site. Locals, armed with wooden sticks, iron bars and stones then went on the rampage. They set two trucks ablaze and destroyed 21 other vehicles parked near the sanitary agency building.
Boen, a supervisor at the location, said that about 500 local people gathered in front of the site and stopped two garbage trucks, forcing the driver to flee before torching the vehicles. They later stormed and ransacked the office and the other trucks, bulldozers and cars parked in the compound.
Some local residents said they could no longer tolerate the smell, noise and polluted water. They also objected to being the "garbage bin for Jakartans." "It has been agreed that, as of today, Bantar Gebang will be closed, so trash should no longer be brought here," said Wandi Suhardi, who along with his friends stopped a garbage truck.
| Human rights/law |
Agence France Presse - December 14, 2001
Jakarta -- Former president Suharto could not be tried because of illness but it was up to prosecutors whether or not to take him to court again, the Supreme Court said yesterday.
"Because the medical team examining defendant Suharto has stated that he cannot recover, the defendant cannot be taken to court," Supreme Court chief Bagir Manan said in a legal opinion for the Attorney-General. "In respect to that, to determine whether or not to take the case of Suharto to court is the authority of prosecutors."
Suharto, who ruled Indonesia with an iron hand for 32 years, failed to appear at both sessions of his trial in August last year on charges that he had embezzled some US$571 million of state funds.
Now fitted with a pacemaker, he has been treated at a state hospital here at least three times for various ailments, including a light stroke and intestinal troubles, since resigning in 1998. He has also suffered breathing and urinary complications, and underwent an emergency appendectomy.
Jakarta Post - December 12, 2001
Damar Harsanto, Jakarta -- Hutomo "Tommy" Mandala Putra's lawyer, Elza Syarif, played down on Monday the allegation that there was a deliberate ploy between her client and the police over recent cases released by Tommy's lawyers, which were believed to be aimed at distracting public attention.
"That's not true. There is no conspiracy between us [the police and Tommy's lawyers]," Elza said, before leaving Jakarta Police Headquarters.
Elza denied the statement issued by Jakarta Police chief Insp. Gen. Sofjan Jacoeb that her client had told investigators on Friday evening that he had been cheated by Yorrys Raweyai of Pancasila Youth (PP), who had promised to safeguard him during his time on the run, in return for US$5 million.
Elza said her client had said nothing about Yorrys Raweyai to police investigators. "There was no such statement [from my client]," Elza asserted.
Sofjan revealed earlier on Sunday that Yorrys had failed to keep his promise to protect Tommy, even though he had received the money. Sofjan also said that Tommy had urged the police to take immediate action on his earlier reports. Sofjan was not available for confirmation.
Previously, Tommy's lawyers had lodged a lawsuit against Raden Doddy Sumadi for allegedly extorting money from Tommy. Doddy is known as a close friend of former president Abdurrahman "Gus Dur" Wahid who had helped arrange the controversial meeting between the two.
Luhut M.P. Pangaribuan, a lawyer of former president Gus Dur, warned earlier that, by dragging big names into the investigation, the defense was trying to distract public attention and spread the blame. He warned of possible legal manipulation, which might eventually hamper attempts to convict Tommy.
The scheduled examination of Tommy was canceled on Monday as all the investigators had to attend the House of Representatives for a hearing with legislators, Elza said. The investigation would, perhaps, be held on Tuesday. "I have just been asked to be ready for a call anytime tomorrow," Elza added.
It is still unclear whether Tommy would still be examined over the murder of Supreme Court Justice Syafiuddin Kartasasmita, as Elza could not confirm whether the defendant had signed the final dossiers to mark the completion of the investigation over the case or not. Tommy was charged, among others, with Criminal Code Article 340, which carries a maximum penalty of death for allegedly masterminding the assassination
Jakarta Post - December 10, 2001
[The world marks the 53rd anniversary of the Universal Declaration of Human Rights Day today, yet, there are no signs that major human rights violations in Indonesia will be properly investigated. The Jakarta Post's Kornelius Purba talked to leading human rights lawyer Todung Mulya Lubis about the issue.]
Question: How do you see our human rights situation?
Answer: There is much discontent and disillusion about the direction we are taking. I am not saying there is no human rights policy, but there is no clear policy. The government only reacts to pressures.
When people demanded trials for human rights violators, the government enacted a law on human rights courts and issued a decree on a human rights ad hoc court. These were reactive measures.
Preparations for the new court have dragged on. Training for judges only began in November, one month before the ad hoc court is due to begin its work.
What is the latest serious case of human rights violation?
The killing of the leader of the Papuan Presidium Council, Theys Helio Eluay. This poses a challenge to the government; if it fails to investigate and bring the culprits to court, Indonesia's image will be tarnished.
Another area very much under public scrutiny is Aceh.
The ramifications of the military operations these last 10 years have been devastating: Many innocent people, mostly women and children, have been killed. Yet, only one trial had been held. Most of the killings have not been investigated or prosecuted. This is unacceptable. In marking Human Rights Day, one challenge is what do we do with crimes against humanity.
The government has failed to live up to its commitment regarding crimes against humanity. There are lessons from the experience of Yugoslavia and Rwanda, but the government does not have the will to learn, while there has been so much abandoned material on human rights atrocities. We can also seek assistance from friendly countries like the Netherlands, host of the International Court of Justice, to provide training and material for our judiciary.
The lack of political will on the part of the government is the main obstacle to all of this.
What are your other observations on human rights here?
The independence of the National Commission on Human Rights (Komnas HAM) is an important issue. Despite some weaknesses, Komnas HAM has done quite an amazing job. Its achievements include the investigations into violations in East Timor, and the death of labor activist Marsinah. Currently, the commission is investigating the (shooting of students) in the Trisakti and Semanggi incidents.
Komnas-HAM contributed a great deal to the improvement of Indonesia's human rights performance. But the government seems to feel that it is dangerous to let it enjoy independence.
This reactionary attitude is counterproductive for the government. Its attempt to interfere in the selection process of the new Komnas-HAM members would be widely interpreted as an attempt to control the commission.
How about the Indonesian Military (TNI)?
Most human rights violations have to do with the military, including the killings in Aceh, Papua, Maluku and other places. People will not accept that only subordinates are being brought to trial. The present military leadership should let some of its generals to face trial. This is essential for public acceptance of the government's seriousness in resolving these problems.
How can the military be encouraged to do its share?
As in Aceh, the number of military personnel must be reduced. Intelligence operation should not be completely eliminated but it should be substantially reduced. The practice of using civilians as informants in military operations must be abolished.
The police must punish members implicated in any abuse. I have not seen measures being implemented in Aceh.
People are watching whether the military has changed its behavior. They are aware of their rights and have so much more access to information. The military must change its attitude and policies, or face total condemnation from the people.
How about President Megawati Soekarnoputri's commitment to human rights?
Gus Dur's (Aburrahman Wahid) administration gave more attention to human rights, not only because there was a ministry in charge of human rights under his administration.
Under Megawati, we see a number of bills being debated or proposed on human rights enforcements (which do not necessarily promote human rights).
Recently, the government announced its plan to draw up a bill on anti-terrorism. We are all against terrorism, but to have a law on terrorism that gives so much power to the government, police and prosecutors to investigate and prosecute without due legal process is an outright violation of human rights.
We have fought for the right to be counseled, for legal assistance, and for the right to be defended. These rights could be pushed aside in the name of fighting against terrorism.
Does the legislature care about human rights?
Members are busy with their own agenda, with fighting each other. Human rights are not on their agenda. The impetus of the human rights movement in Indonesia must come from the civil society movement and the media; not from the political parties, the House of Representatives or the government.
Jakarta Post - December 10, 2001
Bambang Nurbianto, Jakarta -- Human rights abuses across the country are on the rise this year, particularly in areas of conflict such as Aceh, Irian Jaya, Maluku, Poso in Central Sulawesi and Sampit in Central Kalimantan, activists said on Saturday. They said that abuses involved the military, the police and civilians.
Albert Hasibuan of the National Commission on Human Rights (Komnas HAM) said that the abuses had been aggravated by ignorance of human rights on the part of the military and the police. They thought that security and order would never prevail if they had to strictly respect human rights.
"I think what has happened in Aceh, Irian Jaya, Poso, and Sampit are clear indications of increasing human rights abuses in both quantity and quality," Albert told The Jakarta Post.
Sectarian conflict pitting Christians against Muslims has been taking place in Poso and Ambon, where over 11,000 people have been killed over the past three years, according to one estimate. This year also saw a bloody ethnic war between indigenous Dayak and Madurese migrants in Central Kalimantan, where over 3,000 people lost their lives and over 40,000 families were displaced.
The military has been fighting separatist movements in Irian Jaya and Aceh, where hundreds of lives have been lost.
Albert said that numerous human rights abuses were committed by civilians against security officers and by civilians against civilians. But abuses by security forces were still dominant this year, he noted.
The world is observing the 63rd anniversary of the Universal Declaration of Human Rights. The 30-article document is a common standard of achievement for all peoples and all nations to human rights principles.
Albert said that although police and military officers had been provided with basic information on human rights before they were deployed in security operations, there was no significant improvement in their record. "The government still needs to seek a better approach in teaching human rights to security officers so that they will no longer think that protecting human rights is a burden for them," Albert said.
Hendardi of the Indonesian Legal Aid and Human Rights Association (PBHI) said that failure to improve the human rights record was obvious, as exemplified by continuing torture and killings in areas of conflict.
He also saw the numerous bombings in urban areas as a serious form of human rights abuse. "The state is considered as violating human rights if it fails to stop communal conflicts," Hendardi said.
Both Albert and Hendardi foresaw a bleak prospect next year, as law enforcement remained weak. Hendardi said that President Megawati Soekarnoputri had the political will to improve law enforcement but it was not easy because she was elected after a compromise with New Order forces well-known for their bad human rights record.
The activists also saw improvements in legislation as Indonesia now had laws on human rights and a human rights court. Indonesia also ratified a number of international conventions.
| Environment |
Straits Times - December 11, 2001
Marianne Kearney, Jakarta -- In an unprecedented alliance, the environment and forestry ministries and the navy have launched a get-tough policy against illegal loggers and timber smuggling.
Last week, Environment Minister Nabiel Makarim announced that charges would be filed against three internationally owned ships which were picked up by the navy early last month in the first of large-scale anti-logging operations in the country since the Megawati administration.
The owners of the three ships -- Mandarin Sea registered in Singapore, the Rong Cheng registered in Hongkong and the Von Cheng registered in China -- could be charged with illegally exporting logs and causing environmental damage, said Mr Dodo Sambodo, the head of the law enforcement body in the Environment Ministry.
Some of the seized timber worth US$4.7 million (S$8.6 million) is believed to have been logged from the Tanjung Putting National Park, Mr Dodo said. Since the detention of the three vessels, which are being held at Jakarta's Tanjung Priok port, another five ships had been detained in Kalimantan, he said.
The campaign focused on working with the security forces -- particularly the navy -- and was launched in October when the government realised illegal logging was 'a national crisis', said Mr Dodo.
Past attempts by the Forestry Ministry and Environment Ministry to crack down on illegal logging and timber smuggling were often said to have been foiled by corrupt government officials, police and army personnel.
One local environmental activist attributed the success of the campaign to the ministries' decision to work with the navy. "The Forestry Ministry finally realised there was no hope with the police, so they started to work with the navy," said Indonesian environmental group Telepak spokesman Ruwindrijarto.
Navy spokesman First Admiral Franky Kayhatu said foiling illegal timber smuggling was made easier with cooperation from the Forestry Ministry. He said the navy had apprehended 22 boats, which had been sent to court for suspected timber or endangered- fish smuggling, in the past year.
Admiral Franky said ships trying to export raw logs, a practice which has been illegal since October, often pretended to be carrying logs to Java for domestic sale. But, he said, they were easy to detect because as soon as they left the Central Kalimantan port of Pangkalanbun, they headed west towards Sarawak, Malaysia.
Local and international environment groups have welcomed the detention of the three ships, but urged the government to prosecute the timber bosses who either owned or supplied the ships with the timber.
The International Environment Agency said the Singapore- registered ship Mandarin Sea had been transporting logs for a company said to be conducting illegal logging operations.
| Armed forces/Police |
Jakarta Post - December 11, 2001
Tiarma Siboro, Jakarta -- The Indonesian Military (TNI) Spokesman Rear Marshall Graito Usodo admitted on Monday that the Air Force charged US$4,500 (approximately Rp 45 million) an hour for air transport, but denied such "a fee" had delayed police deployment to conflict-torn places.
"Should other forces use our transportation such as an airplane, of course they must pay some fee per hour to us," Graito told the press here on Monday.
He said the Air Force's Hercules transport aircraft costs US$4,500 per hour, excluding fuel and engine maintenance costs. "It is the cheapest among our planes," Graito said.
He said the Navy also imposed certain fees for the use of its ships, but declined to reveal how much the Navy was charging. A Navy spokesman was not available for comment.
Such fees, according to Graito, are paid through the ministry of defense. "There is no direct transaction between the TNI [Indonesian Military] and the police since both the TNI and the police receive operational costs from the government," Graito said.
Graito added that if police requested troop deployments in troubled places such as Maluku, North Maluku and Central Sulawesi provinces, the police also had to shoulder logistics costs for each soldier. "Of course the cost [of logistics] is expensive, but police can manage it along with local administrations," he said.
He stressed that the defense ministry has earmarked a security budget for the police and a national defense budget for TNI. "If TNI personnel have to be involved in security affairs, the police have to pay the required costs, and that is normal since they receive a budget allocation for security," Graito said. "If the TNI had to pay all the costs [of troop deployments from its budget], then what will happen to the security budget they [the police] receive from the government," he said.
Graito's admission came amid police allegations that the military was demanding a fee before transporting police personnel to conflict-ridden places and that such a fee had delayed police deployment to those areas. The police were particularly furious with the Air Force's "failure" to provide three Hercules to the police to take them to Poso, Central Sulawesi, where religious conflicts have claimed dozens of lives in the past two weeks.
Graito denied the allegations, saying that the Air Force had prepared two planes on December 1 to carry about two companies of police personnel, and another one the following day. "So, there was no delay in the police deployment," said Graito, adding that the Air Force also provided three planes on December 6.
Following the separation of the police from the TNI, as stipulated in People's Consultative Assembly Decree No. VII/2000, the TNI's primary task is maintaining national sovereignty and unity, while the police must focus on domestic security.
TNI Chief Admiral Widodo A.S. revealed in a hearing with House Commission I in charge of political, security, and foreign affairs last week that the TNI was seeking funds worth Rp 224.9 billion to finance security operations in the country's several restive provinces. "After it was discussed with the ministry of finance and the House, the government agreed to disburse some Rp 154.97 billion through the ministry of defense, and we immediately allocated the funds to finance our security operations, such as in Papua and Maluku," Widodo said.
Widodo, however, said the TNI needed some additional funds amounting to Rp 838.35 billion to finance supporting elements for its security operation, such as procurement of ammunition, spare parts for military vehicles including ships and planes, communication tools which include radar and satellite equipment and also a series of training programs for TNI soldiers. "The government will consider disbursing some Rp 314.12 billion, and continues to wait for an approval from the House," Widodo said without explaining how the TNI would cover the remaining funds of Rp 524.23.
Jakarta Post - December 11, 2001
Jakarta -- The House of Representatives approved on Monday the controversial National Police bill, which critics claimed was overly militaristic and was possibly open to abuse by the president's office.Only a few changes had been made to the bill which was passed despite severe public criticism.
The House initially responded to these criticisms by postponing its passage on October 24, and formed a special committee to further review the bill. The committee was given 19 days to disseminate information about the bill and gather public input. But no substantial changes on any of the critical points of the bill were evident as it easily passed Monday's House plenary session.
Legislators conceded that much of the public's criticism was not taken into account. Some even formally apologized. "Yes, we approved the bill without corrections in the controversial articles," Roy B.B. Janis, chairman of the Indonesian Democratic Party of Struggle (PDI Perjuangan) faction replied when asked by The Jakarta Post.
However, he argued that the explanation to the new law should suffice in insuring that abuses would not occur. PDI Perjuangan, in its remarks, made a public apology after having failed "to correct" the controversial articles.
The new law, submitted by the government in February, in essence recognizes People's Consultative Assembly decree No. VI and VII/2000, which separates the police from the Indonesian Military. One of the major complaints of the new law is the stipulation that it places the primary duty of police in maintaining security and public order above the role of serving and protecting the people. There is also a fear that the police may now also be prone to be used as a political tool at the whim of the executive as the force was placed directly under the authority of the president.
Minister of Justice and Human Rights Yusril Ihza Mahendra who was present at the House on Monday, nevertheless defended the new law. Yusril seemed to shift the blame, arguing that the controversial articles complied with Assembly Decrees and the Constitution. He pointed out that Article 30 of the amended 1945 Constitution clearly states foremost that police are an institution which maintains security and order.
On the question of placing police under the supervision of the president, Yusril further argued that the government is merely heeding the stipulations of the Assembly decree. "I really cannot answer if you ask me this question, since the Assembly, as the highest institution in the land, decreed that police would be under the supervision of the president," he said.
Yusril further tried to calm fears of possible abuses of power, saying that despite the president's overriding authority, police still have to act in accordance with the law. "Structurally it is under the president. But the basis for police action is the law, not the president," he insisted.
The new law will be ratified by the president and be enacted by the president within 30 days.
Key points of the new National Police law
Agence France Presse - December 10, 2001
Jakarta -- The Indonesian parliament on Monday passed a bill that placed the police force directly under the president and stipulated that police violations will be judged by a civilian court and no longer by a military tribunal.
"Now, the national police is under the general judicial system," Laws and Human Rights Minister Yusril Ihza Mahendra was quoted the the state Antara news agency as saying shortly after the draft bill was passed.
He said that with the new law the force was put under the authority of the president. The new law also marked the definitive separation of the police force from the Indonesian armed forces The police were gradually separated from the armed forces under the government of former president B.J. Habibie in 1998 to be placed temporarily under the control of the defence ministry.
"The placing of the police under the president is a political aspect as well as one of the administration of the state," Mahendra said. Meanwhile, as a law enforcer, "the authority of the police, and its implementation, is based on the law and not from a power source or the president," Mahendra added.
The new law, he said, will also provide a guarantee that the police could enforce the law, free from intervention from superiors or from outside the police force itself.
The minister also said that the government was planning to set up a national police commission which would assist the president in gradually turning the police force into a civilian, self-standing and professional force that respects the law.
The commission, he said, would absorb the aspirations of the people concerning the police and its operations in its efforts to improve the police force.
"This institution will also have the authority to provide advise and considerations regarding the dismissal and appointment of the national police chief, so that the post does not become a tool and power for the president," he said.
The new law has still to be approved by the president before it can become effective.
| Economy & investment |
Agence France Presse - December 14, 2001
Jakarta -- Indonesia signed a new letter of intent with the International Monetary Fund (IMF) yesterday, paving the way for the disbursement of a long-delayed US$400 million (S$732 million) loan.
The fourth letter of intent to the IMF focuses on accelerating privatisations and asset sales and pushing ahead with banking and law reforms, Coordinating Minister for the Economy Dorodjatun Kuntjoro-Jakti said. He said the letter of intent was now ready to be sent to the IMF board for approval.
The new agreement contains reform pledged by the Indonesian government in return for an IMF overall aid package of US$4.8 billion. The government also intends to extend the loan programme by another year to 2003, Mr Kuntjoro-Jakti told reporters at the Finance Ministry.
The IMF's Jakarta representative, Mr David Nellor, has said the IMF expects to disburse the new loans after the board meets next month. "The IMF board will review the Indonesian government's letter of intent in mid-January," he said.
In a statement distributed at a press conference, Mr Kuntjoro- Jakti said the proposals contained in the letter aimed to "stimulate the real sector through macroeconomic stability, speeding up asset sales to the private sector and continuing banking and law reforms".
He also said the new letter of intent highlights the importance of improving tax and Customs administration to support a healthy and sustainable fiscal policy.
Reuters - December 12, 2001
Jakarta -- Indonesia has proposed raising domestic phone charges by an average of 15 percent starting next year in a move which will help state phone monopoly PT Telekomunikasi Indonesia (Telkom) boost its revenues and reach its fixed line growth target.
The proposal will now be presented to Transport Minister Agum Gumelar for formal approval on Thursday, and despite previous rejections for tariff increases analysts believe this latest compromise -- proposing a lower hike -- will go through.
"Based on the parliament's agreement on November 26 the government will raise telephone tariffs on January 1, 2002 by an average of 15 percent," the spokesman at the transport department, Tulus Rahardjo told Reuters.
Last month parliament rejected the government's proposal for a flat increase of 21.67 percent for 2001 saying it was inappropriate in the current economic climate. But a commission said it might approve a rise next year if the government came up with a modified formula allowing a smaller rise for non- commercial subscribers.
Increasing phone tariffs is a sensitive issue in the poverty- stricken country, the hardest hit by the Asian financial crisis of the late 1990's.
Telkom said in October it might not be able to reach a 1.9 million phone line target by 2004 if tariffs were not increased this year. "With the current proposed hike, we will only be able to increase the new fixed lines by 1.2 million," Rahardjo said, referring to the proposed 15 percent increase.
Although the current proposal was less than the original almost 22 percent hike, the transport department would still stick to a cumulative rise of 45.5 percent over three years.
Indonesia has a population of 210 million but only 7.8 million lines. Its telephone penetration rate of 3.7 percent is one of the lowest in the world. Telkom ended up 25 rupiah to 2,625 rupiah.
Agence France Presse - December 10, 2001
Jakarta -- Indonesia may generate just over half of its targeted 6.5 trillion rupiah (640 million US) in privatisation revenue for the full year, an official said Monday.
Privatisation revenue would be 3.5 trillion rupiah or 53.8 percent of the target with the sale of cement maker Semen Gresik to Mexico-based Cemex SA unlikely before year-end, deputy state enterprises minister for privatisation Muhammad Yasin said.
He told reporters at parliament proceeds from the sale of PT Telekomunikasi Indonesia amounted to only 3.12 trillion rupiah while those from the sale of PT Socfindo, a state appraisal firm, reached 400 billion.
"This is far below target but it is not that bad, considering the conditions we faced this year," Yasin said. He said less than the targeted 15 percent of the government's stake in Telkom were sold due to the limited period of the sale process, which involved mostly foreign investors.
On the sale of Semen Gresik, Yasin said it was difficult for the government to complete the sale this year as it would take more time to exercise the sale under the revised terms. The cash- strapped government announced last Friday it would sell a 51- percent stake in Semen Gresik to Cemex for around 530 million dollars.
But, bowing to regional pressure, it said it would then use part of the proceeds to buy back two of the three operating units -- Semen Padang in West Sumatra and Semen Tonasa in South Sulawesi. This means final proceeds from the deal would be only an estimated 250-270 million dollars.
Yasin said as part of the process, the government has given Cemex a chance to respond to the new deal this week. "If there is no response, then we have to look for other options," he said.
He said the government was also studying seven alternatives in the Semen Gresik sale, as suggested by financial advisor PT Bahana Securities. "And it will be very difficult to decide on that this year because Cemex has not responded yet. So, it is likely that Semen Gresik's sale will be done next year," he added.