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Indonesia News Digest No
29 - July 29-August 4, 2002
Green Left Weekly - July 31, 2002
Max Lane, Jakarta -- On July 22, several political parties
organised a seminar to discuss the contemporary implications of
the July 27, 1996, attack by pro-Suharto thugs on the
headquarters of the Indonesian Democratic Party (PDI). During
that raid, PDI members loyal to Megawati Sukarnoputri were
killed, injured and some have disappeared.
The failure of Megawati's government to bring the perpetrators to
justice has become a major controversy as the sixth anniversary
of the attack approached.
The controversy has been sharpened by Megawati's support for
retired general Sutiyoso to serve another term as governor of
Jakarta. Sutiyoso was the military commander of Jakarta at the
time of the military-organised attack.
The July 22 seminar was organised by a group of parties called
the Revolutionary Progressive Democratic Front (PRDF). The
Peoples Democratic Party played an important role in bringing the
parties together. The Social Democratic Labour Party, headed by
Mochtar Pakpahan, is a member of the new front. Pakpahan is also
chairperson of the Indonesian Workers Prosperity Union.
Another key party in the PRDF is the Indonesian National Party
(PNI), headed by Sukamwati Sukarnoputri, the youngest daughter of
independent Indonesia's first president, Sukarno.
The Peoples Struggle Party (PPR), headed by civil rights lawyer
Gustav Dupe, also mobilised members to attend the 200-strong
seminar. The PPR's support comes primarily from among the victims
of the 1965 repression that accompanied Suharto's coup.
The National Democratic Party, a party formed by liberal and
progressive-minded entrepreneurs, also participated. Keynote
speaker was RO Tambunan, the head of the legal team that defended
Megawati Sukarnoputri when she was under attack from the Suharto
regime while chairperson of the PDI.
On July 24, Eros Djarot, former high profile leader of Megawati's
Indonesian Democratic Party of Struggle (PDIP), and other
discontented members formed the Bung Karno Nationalist Party.
Many of these new parties reflect dissatisfaction among
supporters of the PDIP and those who look to one form or another
of Sukarnoism. All these parties, both inside the PRDF and
outside, criticise the Megawati government for concessions to the
political forces of the Suharto period, especially Golkar and the
armed forces. They see this as being reflected in support for
Sutiyoso and in the PDIP's refusal to support the formation of a
parliamentary commission to investigate corruption by Golkar. The
refusal by Megawati to take special action to bring to justice
those involved in the July 27 "incident" is seen as another
example.
In his speech, Tambunan revealed that Megawati had told him that
she had been informed beforehand of the 1996 attack on her
headquarters. He said that Megawati confirmed to him that she
took no steps to warn the PDI members at the office. He also
claimed that the PDI members injured or imprisoned by the Suharto
regime had been offered 10 million rupiah each to stay silent.
Tambunan accused Megawati of not wanting the attack investigated
because it would reveal that she was complicit because of her
foreknowledge and lack of action to warn anybody.
What is less clear is the extent of ideological or policy
agreement between the PRDF parties. Discussions between the
parties have only just begun. At the seminar, some differences
were clear. Some parties, such as the PNI, defend the Indonesian
constitution and the concept of a centralised Indonesian state.
Others support constitutional amendments or a new constitution
that would create a federal state.
All parties agreed that some form of national gathering, that
would include party and non-party forces, was necessary to
discuss areas of agreement and disagreement within the democratic
and progressive forces.
There are other initiatives, although at early stages of
development, aimed at bringing together organisations and
individuals engaged in democratic opposition to the government.
Trade unions and worker-oriented organisations are meeting under
the auspices of the May 1 Committee. A grouping of 14 peasant
groups, who met together at the Indonesian Peoples Forum in Bali
in May, are attempting to form a coalition. There is also an
embryonic Preparatory Committee for the Government of the Poor,
which has brought together political parties, student groups and
labour organisations. Most democratic and left forces in
Indonesia trace their origins to the resistance to the Suharto
dictatorship and the continuing struggle against its remnants.
This resistance developed in an atmosphere of ideological
heterogeneity and minimal national coordination.
These ideological and organisation weaknesses have resulted in a
situation today of growing resistance and protests, without the
development of national political movements mobilised around
central ideas and demands.
The embryonic initiatives to overcome this reflects the slowly
increasing pressure for this fragmented resistance to form into a
political movement that can challenge the government.
Straits Times - August 3, 2002
Robert Go, Jakarta -- Out of the frying pan and into the fire.
Illegal migrant workers recently kicked out of Malaysia now have
to deal with thugs who target and squeeze hefty fees from them as
they try to make their way home.
Sources at a number of ports of entry into Indonesia said that
middlemen, known locally as calos, employ a variety of schemes to
extract cash from travellers who simply want to get home. The
more desperate the returnees seem, the calos charge higher fees.
At Batam's Sekupang Port, thugs force the returning workers to
pay up to 50,000 rupiah to secure tickets for ships to mainland
Sumatra or other parts of Indonesia.
Ferry workers also allegedly take part in the action by giving
priority to those who have paid extra money, on top of the cost
of the tickets, for placement on departing boats.
In Nunukan, East Kalimantan province, money changers offer their
services to ringgit-bearing but rupiah-poor workers, but use
highly unfavourable exchange rates.
Calos working the area also take payments from workers getting on
ships or those continuing their journeys by bus or other land
transports.
Many returning migrants, fearing caning and stiff jail sentences,
have already spent relatively large sums of money paying
Malaysian agents to find them passage back to Indonesia in time
to beat the amnesty deadline.
Indonesian officials have said that the government has done all
it can to help migrants by providing transit areas and spending
resources towards getting them home.
Mr Hariawan Saleh, a director-general at the Ministry of Manpower
and Transmigration, said that Jakarta would spend eight billion
rupiah on this emergency.
Manpower Minister Jacob Nuwa Wea also said that the Indonesian
Navy would make several of its ships available to help ferry
passengers to their home regions.
But critics and activists who deal with returning migrants
charged that the government has been caught unprepared by this
crisis and is responding inadequately.
Ms Salma Safitri of the Jakarta-based non-government organisation
Women's Solidarity for Human Rights said that the government
should have anticipated the flood of returning workers.
Activists argued that the government itself is responsible for
creating the situation where returnees become vulnerable to
predatory calos seeking to exploit the crisis.
"NGOs have set up information posts in some ports of entry to
assist migrants and provide information on how to get home safely
and economically," Ms Salma said.
"This is the government's job, really. But the ministries have
failed to come up with a systematic programme to help." Ms Carla
Natan of the Centre for Indonesian Migrant Workers pointed out
that families with young children are among those currently in
trouble.
"Many of the returning migrants have young children who may be in
more need of assistance than adults. We are also hearing reports
that some kids are being separated because of the chaotic
situation in many transit camps," she said.
"Calos target them more, knowing that they are most vulnerable.
And the government once again shows it cannot protect its own
people."
Labour issues
Students/youth
Aceh/West Papua
'War on terrorism'
Government & politics
Corruption/collusion/nepotism
Regional/communal conflicts
Human rights/law
News & issues
Environment
Health & education
Religion/Islam
Armed forces/Police
Democratic struggle
Dissident parties work together
Labour issues
Thugs prey on home-bound illegals
Nike also cuts Indonesia production
Laksamana.Net - August 1, 2002
Following in the footsteps of its main rival Reebok, athletics- shoe manufacturer Nike has announced that it will also be reducing production in Indonesia -- a move that could spark protests from workers.
Reebok's decision to cease orders from a factory in Bandung, West Java, prompted about 1,000 workers to protest outside the US Embassy in Jakarta on Monday claiming that almost 5,400 people would lose their jobs.
The Associated Press reported that Nike on Wednesday said it will terminate a contract with local manufacturer PT Doson Indonesia in November.
But Nike stressed that it would continue to work to operate in Indonesia, using 47 factories that employ 123,000 workers. "Although Nike's relationship with Doson has changed, its commitment to Indonesian workers and consumers has not," Nike's general manager in Indonesia, Jeff Dumont, was quoted as saying by AP.
He also said the company would try to assist redundant workers by finding them other jobs, or by providing loans, medical care and education costs.
The Kompas daily quoted Dumont as saying the Doson factory was ranked worst of Nike's factories in Indonesia. "If Doson plans to reduce the number of workers, Nike has the commitment to provide an assistance program for affected workers by appealing for Nike's other subcontractors here to recruit them," he was quoted as saying.
Nike commenced production in Indonesia in 1988, and by 1996 one third of its shoes were produced there. Nike claims that its presence in Indonesia has benefited the country, but human rights groups say the company's factories are sweatshops that pay only a pittance.
Trivia buffs used to quip that US basketball star Michael Jordan was paid $20 million to endorse Nike products -- about the same amount that Nike pays its Indonesian workforce to produce up to 19 million pairs of shoes annually.
Some multinational manufacturers have left Indonesia over recent years because of social unrest and labor disputes, moving to cheaper locations in China and Vietnam.
Jakarta Post - August 1, 2002
Muninggar Sri Saraswati, Jakarta -- Labor activists rallied on Wednesday in front of the Malaysian Embassy on Jl. Rasuna Said in South Jakarta in protest of a strict immigration law that will take effect in that country on August 1, and which will impact hundreds of thousands of Indonesians working illegally in the country.
Carrying banners, dozens of demonstrators urged the Malaysian government to treat the illegal workers fairly.
The banners read, "Malaysia is truly racist Asia", "Without migrant workers, the Malaysia government will collapse" and "Who do you think works on Malaysian plantations?" The demonstrators came from several non-governmental organizations, including the Indonesian Migrant Workers Defense Consortium (Kopbumi), the National Network of Indonesian Migrant Labor, the Indonesia Legal Aid Association for Women Empowerment and Justice, and the Indonesia Legal Aid Foundation.
"It is not fair if the Malaysian government just blames the workers. They must also take stern action against their law enforcers and immigration officers, who are involved in the flow of illegal workers to Malaysia. Otherwise, illegal workers will continue to flood into Malaysia," said Budi Wibowo from Kopbumi.
According to Budi, smuggling syndicates in Indonesia and Malaysia were responsible for the presence of illegal workers in Malaysia.
"Without the involvement of Malaysian law enforcers, it would be impossible for the illegal workers to sneak into the country," he said.
The demonstrators also called on Indonesia to fight for the protection of the workers. "The government should not just keep silent, as the country has enjoyed money the workers sent home," shouted one protester.
The protesters demanded the government provide health care, logistical support and legal services for those migrant workers deported by Malaysia.
Since March, Malaysia, home to two million foreign workers, had deported about half of an estimated 600,000 illegal workers in the country.
Under the new law that takes effect on August 1, however, Malaysia has extended the repatriation period for illegal workers until the end of August.
Under the new law, illegal immigrants and those convicted of harboring illegal immigrants face a mandatory six months in jail and up to six strokes of the cane.
Offenders are currently subject to a maximum jail term of five years, but usually escape by paying fines of less than 10,000 ringgit (US$2,632).
Reuters - July 30, 2002
Jakarta -- Reebok International Ltd, the world's No. 2 athletic shoe-maker, said on Tuesday it is committed to production in Indonesia after 1,000 workers staged a protest against it in Jakarta the day before.
"Reebok remains committed to production in Indonesia, as demonstrated by the 19,700 Indonesian workers that we continue to employ at three factories," Hugh Hamill, Reebok's vice-president of footwear manufacturing and development in the Far East, said in a statement.
He also said Indonesia remained Reebok's second-largest global investment in footwear, with more than 25 percent of world output.
The demonstrating workers had said Reebok abruptly cut orders and slashed their salaries. They rallied outside the US embassy and set fire to giant cardboard models of Reebok shoes. A rally co- ordinator said Reebok had cut orders with little warning in April.
Reebok, however, said it first notified the management of PT Primarindo Asia Infrastructure Tbk, owner of the factory in the West Java city of Bandung, last September of a decision to trim orders.
Reebok said it encouraged the Indonesian managers to find another buyer for the factory's output, and after repeating on a weekly basis its intention to cut back gave formal notice in February that it would stop placing orders in June.
Asked to comment, Widjiastuti, assistant vice-president of PT Primarindo Asia Infrastructure, said "management did not receive any notification until February 25 in a meeting...that Reebok wants to reduce orders and terminate the agreement on June 1".
She also said that in January Reebok placed high production orders for the March-May period, even though that was normally the low season.
Reebok's actions had left the plant overstocked with production materials, and Primarindo wants Reebok to delay the termination of the agreement until December and share in labour and overhead costs, Widjiastuti said.
In its statement Reebok said that if the plant's management could not find enough other buyers for its shoes to retain the current workforce, "Reebok continues to pledge its assistance to ensure that the factory (pays) all affected workers appropriate severence wages in accord with Indonesian law." Reebok said the decision to stop orders came after an annual review that also resulted in cuts or shutdowns in two factories in other countries "to improve business efficiencies" and did not reflect a drop in demand. A worker spokesman at Monday's demonstration had said Reebok attributed the decision to falling demand.
Massachusetts-based Reebok announced last Wednesday that second quarter international sales fell two percent to $250.9 million from $256 million a year earlier. US sales rose to $334 million from $315.4 million.
Jakarta Post - July 31, 2002
Jakarta -- Both employers and labor unions slammed the House of Representatives and the government for the much-criticized labor bills, saying the House and the government team preparing the two bills had failed to bridge the gap between employers and workers.
The Indonesian Employers' Association (Apindo) and several labor unions told The Jakarta Post separately here on Tuesday that they would reject the labor bills if the House went ahead with its plan to endorse them without substantial changes to a number of controversial chapters.
The two bills on labor dispute settlement, and labor development and protection are still being disseminated among employers and workers before they are passed into law in September.
Djimanto, the deputy chairman of Apindo, said his organization would definitely reject the bills if the government and the House failed to listen to its objections.
"The House has its legislative right to endorse the bills but must bear in mind whom the bills are made for. It should listen to our views should it want to win our support," he said.
He claimed that the government and the House had held only one hearing during the entire course of the bills' deliberation. "We have submitted our objections to the bills but so far no changes have been made," he said.
Djimanto admitted that employers and labor unions were still at odds on a number of crucial issues, mainly concerning strikes, dismissals, working hours, menstruation leave, lockouts, service and severance payments, and sick pay.
The bills provide that employers are obliged to pay striking workers while employers are of the opinion that no work means no pay. "It's unfair to force employers to pay striking workers. Furthermore, employers should be allowed to recruit new workers should strikers refuse to go back to work," said Djimanto.
A number of smaller labor unions have rejected the two bills for opposite reasons to the employers, and have regretted what they see as the House's neglect of the views of workers, saying that the current regime was similar to former president Soeharto's arrogant and authoritarian New Order.
Muchtar Pakpahan, chairman of the Indonesian Prosperous Labor Union (SBSI), said that besides the contentious chapters, the bill on labor protection was not enforceable as it would require 17 government regulations and 31 presidential decrees to make it workable. "Megawati will have no time to do this until 2004," he said.
According to Muchtar, both the workers and employers would have been involved in the law-making process should the House and the government be really committed to national reform and want to seek the public's support for the bills.
He said the government should simplify the complicated labor dispute settlement process in an effort to help low-income workers who found themselves in difficulties.
"Workers who are in dispute with their employers should be allowed to go directly to the labor court if both sides fail to reach a solution during their bipartite negotiations, instead of going through mediation, conciliation and arbitration by government officials, who will charge the workers an arm and a leg," he said.
Jakarta Post - July 30, 2002
Moch. N. Kurniawan, Jakarta -- The government has paid no attention to the plight of child domestics, many of whom have fallen victim to sexual harassment by their employers, activists say.
Aris Merdeka Sirait, the secretary-general of the National Committee for Child Protection, said on Monday that child domestics, whose number now reached 1.8 million, had to cope with sexual harassment and physical abuse at the hands of their employers due mainly to the absence of a legal basis for protecting them.
According to the committee, at least 1.8 million Indonesian children were working as servants across the country in 2000, up from 1.5 million in 1999. The sharp increase was attributed to the current prolonged economic crisis. Many of these were young females, who were often abused both sexually and physically.
"The level of abuse against child domestics is now out of control and must be stopped. We would therefore urge local governments to at least issue by-laws to protect these children," Aris told The Jakarta Post on Monday. "Their employers can do whatever they want to the child servants as the children aren't aware of their rights," he added.
Aris was commenting on a study presented at the ongoing Manila Forum on Child Domestic Workers in Asia, which showed that more and more children in Asia, including Indonesia, worked as servants amid rapid modernization and widespread poverty.
It also highlighted that abuse was more rampant and more hidden than ever among Asia's child servants.
"Asia is home to more than 60 percent of working children worldwide," the study said. "Child labor has increased. Abuses are more rampant and more hidden nowadays," it continued.
By-laws to protect child domestics should cover important issues such as limits on working hours and a guarantee that child servants would be educated.
The House of Representatives (DPR) is currently deliberating a bill on child protection. The bill stipulates, among other things, that anyone found guilty of exploiting children economically or sexually would be liable to up to ten-years imprisonment or a fine of Rp 200 million (US$22,000).
The bill, expected to serve as a reference for protecting child servants, was originally scheduled for endorsement by the DPR earlier this month, but was put back due to unresolved issues involving the article on adoption of children.
Pandji Putranto, the national program manager for the International Labor Organization's International Program for the Elimination of Child Labor, agreed with Aris that regional governments must issue rulings to protect child servants.
He also said that the poor conditions of child servants could be resolved by starting to bring the servant issue into the public domain rather than keeping it hidden in the private domain.
Straits Times - July 30, 2002
Devi Asmarani, Jakarta -- The urban centres of Batam, Java and Sumatra will be swamped by at least 100,000 workers returning from Malaysia this week -- and they won't be welcome.
Already beset by problems coping with migrating workers from other parts of Indonesia, several Indonesian provinces will be hard pressed to cater to a whole new batch and officials are already fearing massive social unrest.
Provincial officials in Sumatra have even threatened not to allow ships ferrying these workers to dock.
They also complained of Jakarta's lack of help and funding in anticipating the influx of illegal workers to be deported by the Malaysian government, citing they were already saddled with various social problems.
North Sumatra, Batam and the East and West Kalimantan are the likely entry points of the workers, who number around 400,000.
They are in a rush to leave Malaysia before the enactment of a harsh new immigration law comes into force on Thursday.
There are also those waiting to head over to Batam or Bintan in order to return to Java.
Ferry services to Java run twice a week from these two ferry terminals.
Jakarta has said that it would deploy several Navy ships to transport the workers back to their respective homes, but so far only two ships had been deployed to carry some of the workers from East Kalimantan back to Sulawesi.
North Sumatra, which is a four-hour ferry trip from the Malaysian peninsula, is even planning to ban the workers from entering the province, at least until Jakarta guarantees to finance their accommodation and provide their transport immediately back home.
Spokesman Eddy Sofyan for North Sumatra provincial administration told The Straits Times: "We want them to stay offshore until we know for sure what the central government is doing with them, who is providing their accommodation and when they are going to be sent home." He said the administration had learnt from experience. Earlier this month, some 700 workers rallied in front of the Governor's building soon after they arrived from Malaysia.
They were then given shelter by the local administration and eventually left after a local businessman paid for their trip to Java, he said.
North Sumatra is already burdened by some 122,000 refugees from the neighbouring province of Aceh, where separatists are fighting Indonesian troops. Like Sumatra, Batam is also another port of disembarkation for these workers.
The commercial hub is also already hard-pressed with the rising number of migrant workers from other parts of Indonesia, causing high unemployment and crime levels.
Some border areas are already swamped by the returning workers. In Nunukan, a small island off of East Kalimantan, over 10,000 workers have returned from Malaysia.
Local authorities said some 2,000 workers arrive from Malaysia everyday. It is now facing a water shortage because of the influx.
Former Manpower Minister Bomer Pasaribu said the Indonesian government had been slow to anticipate the inevitable deportation of its workers from Malaysia.
He told The Straits Times: "There could be up to one million Indonesian workers in Malaysia, 85 per cent of them are illegal. 'Imagine if these people return home, it is a recipe for social unrest and will surely boost crime levels."
Associated Press - July 30, 2002
Jakarta -- Setting fire to a giant cardboard replica of a Reebok shoe, more than a thousand workers from the US-based manufacturer protested outside the American Embassy in Jakarta over a cut in orders they claimed has left 5,400 workers jobless.
It was the fifth protest this year at the US Embassy staged by workers from the factory in the central Indonesian city of Bandung which makes shoes for Reebok, the world's second-largest athletic shoemaker. "Reebok are killers!", "Reebok are exploiters!" the protesters chanted yesterday.
Organiser Agus Hariyadi said the Massachusetts-based shoemaker had reneged on a promise to keep up orders. No one at Reebok or its local Indonesian manufacturers was immediately available for comment.
Foreign-based shoe manufacturers employ at least 300,000 workers across the country. Most of the products are for export.
The protesters work at a factory in Bandung run by PT Primarindo Asia Infrastructure, one of several Indonesian companies making shoes for Reebok.
Many US manufacturers have moved their operations to Vietnam and China, seeking to avoid social turmoil which has been part of Indonesia's uneasy transition to democracy following the 1998 fall of former president Suharto.
| Students/youth |
Jakarta Post - August 3, 2002
Dozens of students from several universities in Greater Jakarta sent a bag of cow's feces to members of the People's Consultative Assembly (MPR) staying at Hotel Mulia Senayan in Central Jakarta to protest the legislators' poor performance during the Annual Session.
"We have been disappointed to see that ever since the first day of the session, there have been clandestine attempts [from some of MPR's members] to scrap the amendments of the Constitution," said Rico Marbun, chairman of the University of Indonesia's Student Executive Body (BEM).
Previously, students grouped in the BEM wanted to meet with the MPR members to lodge their complaints. However, none of the members, who were having their breakfast, were willing to meet the students, Rico said.
"That's why we put the package of cow's feces we brought from Bogor in front of their hotel to symbolize that their behavior during the session is like 'cow traders'," said Rico.
The term politik dagang sapi (cow trading politics), similar to 'horse trading' politics, is used to describe the common practice of behind-the-scenes bargaining and lobbying conducted by the legislators to achieve their political ends.
Rico said that if the members failed to deliver good performances during the session, the students would come again but with a greater number of demonstrators.
Besides BEM's rally, dozens of other student grouped in the Indonesian Muslim Students Action Front and the Student League for Democracy also staged demonstrations in front of the MPR compound.
Radio Australia - August 2, 2002
About 100 university students have dumped cow manure outside a Jakarta hotel where delegates to Indonesia's top constitutional assembly are staying.
Some 100 police personnel erected barbed wire barricades outside the hotel housing delegates to the current annual meeting of the People's Consultative Assembly, but no clashes were reported.
The students chanted anti-government slogans and dumped plastic bags filled with manure in front of the barricade before watering it.
They criticised reports given to the assembly by president Megawati Sukarnoputri, the parliament speaker, the supreme court chief and other top officials. They say the reports failed to address crucial reform issues which could improve the lives of the poor.
The meeting -- which is due to consider major constitutional changes including direct presidential elections -- opened yesterday and ends on August 10.
Jakarta Post - July 30, 2002
Banjarmasin -- Activists of two student groups rallied on Monday to demand that South Kalimantan Governor Sjachriel Darham step down for incompetence.
On separate occasions, the Pro-Revolution Student Solidarity (SMPR) and the provincial chapter of the Indonesian Youth Committee (KNPI) said that Sjachriel was incapable to develop South Kalimantan during his tenure.
SMPR said in its statement that the governor had failed to complete the Barito river dredging project, and upgrade Syamsuddinoor airport to become a haj embarkation and international airport.
"Those were his promises. He once said he would resign if he could not meet his words. Now we demand him to resign because he has failed," one of the SMPR's speaker said in the protest in front of the provincial legislature.
| Aceh/West Papua |
Guardian Unlimited - August 3, 2002
Sidney Jones -- A war between independence fighters and the Indonesian military has claimed thousands of lives in Aceh in two major waves of violence.
The first was in the early 1990s; the second began after President Soeharto's fall and continues to this day. As the Indonesian army presses for powers to end the rebellion once and for all, the Indonesian government is expected to decide to whether to impose a limited state of emergency in Aceh, a province of four million people on the tip of Sumatra.
Virtually all Acehnese have said no to martial law -- religious leaders, local parliamentarians, professional groups, nongovernmental organizations, and the governor have urged instead a continuation of talks between the Free Aceh Movement, (known by its Indonesian acronym, GAM) and the government, that began in May 2000. That the proposal is even on the table attests to the tin ear of the Megawati government. An emergency would be very likely to worsen the conflict, not end it.
As always in guerrilla wars, civilians are caught in the middle. Most Acehnese still fear the army and police far more than the guerrillas, but GAM appears to be losing popular support because of its own abuses. It is an odd liberation movement. On the one hand, it talks of freeing Aceh from "colonialist Javanese oppression"; on the other, it is fighting to restore a sultanate that would be led by Hasan di Tiro, a frail and elderly man living in Sweden whose followers refer to him as "Your Highness."
With an estimated 3,000 regulars, half of whom may be armed, GAM claims to represent all Acehnese, but not all Acehnese support independence, and of the many who do, not all support GAM. It is fair to say, however, that anger against the central government in Jakarta is close to universal, and the Megawati government has done nothing to lessen it.
The roots of this conflict go back to the 19th century , but the current phase began in 1976, when GAM declared independence. The rebellion sputtered along until 1989, when some Libyan-trained fighters returned to Aceh. The Soeharto government responded with massive counterinsurgency operations that effectively put the Indonesian army in control of Aceh for the next eight years. Many details of the atrocities that were committed during this period only emerged after the fall of Soeharto in 1998. But while there were formal apologies to the people of Aceh, nobody was prosecuted or called to account.
Jakarta's offer of a referendum to the East Timorese in January 1999 sparked a demand for equal treatment from student groups in Aceh, and others in Aceh took up the demand with enthusiasm. For the first time, GAM had a genuine popular base. Jakarta responded to growing political activism with still more troops, and the conflict grew worse. In May 2000, a political shift in Jakarta led for the first time ever to the government's agreeing to a dialogue with the rebels. Talks began in Geneva between GAM and Indonesian officials and for a while it seemed possible that the war might come to an end.
Two years later, however, the bloodshed continues, with an estimated 1,600 people killed in the first six months of this year alone. The Indonesian government says that the 'special autonomy' law passed last year -- allowing the province, among other things, to keep a large share of its oil and gas revenues and implement Islamic law, must be the starting point for any further negotiations with the GAM. Many Acehnese are unhappy with the law, because only a tiny elite was involved in drafting it, because it gives wide discretion to corrupt local officials to allocate vast amounts of income, and because it does not contain a word about justice.
Moreover, if one aim of the Geneva talks is to persuade GAM to forego armed struggle in favour of democratic political participation, the autonomy law offers no incentives for doing so because it has no provision for the formation of local political parties. GAM could only compete for local office if it joined an existing party or developed a nationwide constituency -- hardly realistic options.
Last May, GAM's representatives reluctantly agreed to use the law as a starting point, but they have since backed away, as Indonesian government officials have made it increasingly clear that the autonomy is the end, not the beginning, of any settlement.
A major national decentralisation process now underway also affects the political context in Aceh. New provinces and districts are emerging based on economic interests, demand for political power, ethnic pride -- and sometimes, central government machinations. Since the decentralization plan was first announced, there have been rumours of a plan to split Aceh in two, hiving off the south-central, largely non-Acehnese areas into a new province to be called Leuser. The move is in the interests of the central government, to weaken the independence movement, but it also has support from some leaders of the Alas, Gayo, Tamiang, and Singkil ethnic groups. Many Acehnese intellectuals are convinced that any effort to divide the province will be resisted strongly, however, and not just by independence supporters, in a way that could provide further fuel for the war.
Too many parties in Aceh, with the notable exception of ordinary Acehnese civilians, are profiting from the conflict. When the guerrilla movement began, Jakarta's control of Aceh's rich natural resources was a major grievance. But after the "special autonomy" law allowed the provincial government to keep a high percentage of locally generated oil and gas revenues, the windfall turned into a slush fund for the local political elite. Aceh's natural wealth is again disappearing into official pockets, although this time, the culprits are often Acehnese.
Corruption and extortion are constant themes in the local press. Police, soldiers and GAM all demand illegal levies along the province's roads. Illegal logging is a particularly lucrative source of income. Shopkeepers and businesses have to give a cut to both sides. So many people are being killed by "unidentified elements" that it is perfectly possible to hire a GAM or an army-backed thug to bump off a business rival. Everyone assumes that killings are political, and no serious investigations take place.
Aceh is also being used by Jakarta politicians as a test of political strength. Some Acehnese told me on a recent visit that they suspect the talk about a state of emergency is part of a power struggle within President Megawati's cabinet between top army officers and the Coordinating Minister for Political and Security Affairs. The army has branded GAM a "terrorist" organization, perhaps in an effort to get international support for a crackdown. The US, however, has no plans to include GAM on its list of terrorist organizations and has been actively involved in supporting the dialogue in Geneva.
ICG has consistently urged the Indonesian government not to pursue a military solution to the Aceh conflict but rather to seek a solution based on negotiation and international monitoring of a settlement. If the government proceeds with the state of emergency, or if it sends troops to add to the 22,000 already there, or if it finds another way of putting the military in charge of civilians, support for GAM may increase.
In order for the negotiations in Geneva to bear any fruit, the Indonesian government must address the problems with the autonomy law and establish a credible regulatory agency to monitor how gas and oil revenues are collected and spent. GAM also needs to recognise that the behaviour of its own forces is sapping the support it had from a population traumatized by years of military abuse. At the same time, the Indonesian government is going to have to find ways of prosecuting perpetrators of human rights violations, including senior officers. No amount of money or military might is going to make the issue of justice go away.
[Sidney Jones is Indonesia Project Director for the International Crisis Group.]
Laksamana.Net - August 1, 2002 (abridged)
Army Chief General Ryamizard Ryacudu has urged the people of Papua to help the Indonesian Defense Forces (TNI) quell separatism in the resource-rich province.
Ryacudu made the statement Thursday in an address read out at a ceremony by the province's military chief Major General Mahidin Simbolon.
The ceremony marked the occasion of the 50th anniversary of the Trikora District Military Command, which oversees security in Papua (formerly known as Irian Jaya).
Trikora chief Mahidin Simbolon, regarded as one of the Army's most experienced officers in covert operations, is accused of playing a key role in the formation of pro-Jakarta militia groups that went on a spree of murder, arson and looting in East Timor in the months surrounding the territory's 1999 vote for independence.
Human rights groups claim that Simbolon is now forming pro- Jakarta militias in Papua and warn that the military is preparing for a major crackdown on separatism in the remote province.
Rebels in Papua have been staging a low-level guerrilla war for independence since the Dutch ceded control of the territory to Indonesia in 1963.
Ryacudu said only a handful of people in Papua were seeking to rekindle support for the rebel movement, so TNI would work closely with locals to curb separatism. He praised the Trikora command for maintaining stability in Papua and contributing to "development" of the province.
Among those attending Thursday's ceremony were Papua Governor Jaap Salossa.
Rights groups say the Indonesian military has killed thousands of civilians in Papua since the 1960s.
Jakarta Post - August 2, 2002
Jakarta -- President Megawati Soekarnoputri Thursday promised tougher action against rebels in Aceh as part of efforts to end various conflicts in the country, even as she claimed the threat of disintegration around the country was subsiding.
"The threat of disintegration that has been afflicting the nation and country in recent years, and the socio-political upheavals due to inter-societal conflicts in several areas, have considerably subsided," the President told the People's Consultative Assembly (MPR).
Megawati, delivering a progress report to the Assembly, said her government would give priority to ending the conflicts in Aceh, Papua and Maluku, as well as to preserving peace in Central Sulawesi's Poso regency, North Maluku, Kalimantan and Atambua in East Nusa Tenggara.
With national security high on the agenda, Megawati pledged to promote law enforcement and restore security and order, including combating terrorism, as part of the country's duty as a member of the international community, and to protect public safety and maintain national security. The government would also prioritize efforts to cope with drug-related problems and other forms of organized crime, she said.
Megawati gave the Aceh problem special attention, dedicating a little over three pages of her 26-page report to the province. She warned the Free Aceh Movement (GAM) rebels against continuing their hostility and violent acts of intimidation, extortion, kidnapping, murder, hostage-taking, burning of schools and the destruction of other public facilities.
"In line with the Assembly's guidance, the government is placing emphasis on the importance of dialogue in resolving the Aceh conflict. This standpoint is aimed at compelling GAM to accept the special autonomy scheme as a political solution," she said.
She warned that GAM's continued efforts to break away from the Republic of Indonesia would only prolong the people's suffering and would make a resolution to the conflict harder to achieve.
Megawati vowed to uphold the law in Aceh regardless of who committed violence. However, while she claimed that her government was serious in upholding the law in Aceh, she defended her government's failure to bring the perpetrators of past human rights violations to justice.
"In reality, to gather evidence of past crimes or other transgressions is not a simple or easy thing to do," she said.
"The government realizes that the pain and suffering caused by acts of violence are difficult to forget, and are traumatic, particularly to the families of the victims. However, taking action without sufficient evidence, based on assumptions, ill- feeling, revenge or an interest in bringing about the disintegration of the nation and country, will eventually produce new violations of justice, human rights and the due process of law," she argued.
The President on the other hand noted that conditions had improved in Maluku and North Maluku. Given the encouraging developments, brought about by the Malino II peace agreement and the establishment of the Security Restoration Operation Command, the government planned to lift the state of civil emergency in North Maluku and to replace the civil emergency in Maluku with a state of civil order.
Megawati stressed that her government was committed to developing and strengthening regional autonomy as was reflected in the number of new regencies (34) and municipalities (336) formed following the enactment of Law No. 22/1999 on Regional Government.
She also urged the public to be patient since there "is no instant and quick solution to problems as complex as those that we face now." Economically, the government faced major challenges. Megawati cited a banking sector that had not yet recovered, a large budget deficit, heavy foreign and domestic debts and low investor confidence.
Indonesia's sovereign debt totals around US$136 billion, around the same size as its gross domestic product.
"In conditions like this, the government has given priority to macroeconomic and monetary stability," she explained.
Megawati said that Indonesia needed the support of the International Monetary Fund and had extended cooperation with it until 2003. However, she cautioned that such a cooperation should not in anyway interfere with the country's sovereignty. As far as possible the government had reduced the budget deficit, partly by cutting subsidies on fuel, electricity and telephone calls.
"The government was forced to adopt bitter and unpopular policies but, nevertheless, these are extremely important for long-term economic recovery," she said.
The 700-member assembly will present its comments and make recommendations on how the government could improve its performance on Friday.
Melbourne Age - August 1, 2002
Kel Dummett -- Everywhere you go in Papua the message is the same -- Merdeka! Merdeka! Freedom! Freedom! This is particularly true today, the anniversary of the 1967 Act of Free Choice, which led to Indonesia's annexation of the former Dutch colony.
This sham vote followed the United States-brokered New York Agreement of 1962, which settled the dispute between the Dutch and Indonesians over who should control Papua (formerly Irian Jaya). The agreement required that a UN-supervised vote of all adult Papuans be held within seven years in an "act of self- determination, to be carried out in accordance with international practice".
But in the end, just 1025 Papuans, hand-picked by Indonesia, and ostensibly representing one million Papuans, voted under severe duress for integration with Indonesia. The UN and the international community then accepted this vote as legitimate.
According to Amnesty International, in the 33 years since, an estimated 100,000 Papuans have been killed or made to disappear by the Indonesian regime. The past 12 months have seen an escalation in military violence, with Papuan leaders especially targeted. This follows repeated warnings from President Megawati Sukarnoputri that separatists would not be tolerated, and threats from the head of the Indonesian military, General Endriartono Sutarto, that the Papuan independence movement would be crushed.
Since November, 2001, four independence leaders have been murdered by the Indonesian military or have died in mysterious circumstances. One is imprisoned in the notorious Abepura jail. The most recent death was that of Chief Yafeth Yelemaken, a highly respected tribal leader from Wamena, who was poisoned in June, two weeks after returning from Bali where he spoke at a forum during the UN's preparatory meeting for the Johannesburg Earth Summit.
Last November, the Papuan Presidium Council chairman, Chief Theys Eluay, was murdered by the soldiers of the army's feared Kopassus force after he met Indonesian military officials for dinner. The soldier thought to be directly responsible has since been arrested, although, as yet, he has not been charged. Eluay had advocated peaceful dialogue rather than violence in his struggle for independence.
Two other Papuan leaders have been poisoned in recent months: Martinus Kambu, from the OPM's civil leadership, who spent 12 years in jail, died mysteriously, believed poisoned; and academic Marcus Warip was poisoned while on a research trip to Marauke.
Benny Wenda, leader of the traditional highland chiefs' council, DEMMAK, has been imprisoned, and reportedly tortured, after being arrested in early June. Other leaders have been threatened, and middle-of-the-night visits by armed police or military are an increasingly regular occurrence.
Recently I travelled to Papua to find out how Papuans feel about the Indonesian takeover of their country and how they feel about the offer of special autonomy which, Indonesia says, will give new freedoms and a greater say in how Papuans are governed.
It is 2.30am and my wife and I are on a flight from Bali, bound for Timika on Papua's south coast. Our first attempt to visit Papua in 1996 occurred soon after a group of European and Indonesian scientists were taken hostage by Papuan resistance fighters, an act resulting in the province's closure.
We tried again in 1998 but a horrific massacre of up to 150 civilians by Indonesian soldiers on the island of Biak led to Indonesian authorities closing the province.
We are met at the tiny airport by Paula Makabori, who works for both ELSHAM -- the key Papuan human rights watch and advocacy group -- and LAMASA, the council of traditional landowners in the Timika area. Makabori is a well-educated Papuan, fluent in English, and a key advocate in Papua's struggle for justice and self-determination.
Timika is a typical mining town, languishing beside the tailings-devastated Ajkwa River. It serves the world's largest copper and gold mine, jointly operated by US mining company Freeport McMoran and Anglo-Australian mining giant Rio Tinto. Timika is dirty, noisy and typically Indonesian. It used to be coastal rainforest and sago forest. Sago, the fleshy material in the trunk of sago palms, is the staple food for coastal Papuans.
The town has a mixed population of Indonesians -- mainly Javanese, Makassans and Moluccans. It also has many local indigenous people: Komoro from the coastal area, Amungme from the highlands, and other displaced tribal groups from the area. In recent years, thousands of Moluccans, mainly from Ambon, have fled to Papua, and especially to Timika, the nearest point of entry, to escape religious violence.
We settle in a hotel and Makabori returns the next morning with Paulus, the smiling coordinator of LAMASA. We are off to inspect the despoiled Ajkwa River, which runs past the town. Paulus doesn't stop at the military security check point at the entrance to Freeport's concession area -- he simply beeps, he and Makabori wave, and we drive through.
Since Thom Beanal -- local Amungme leader, vice-chairman of the Papuan Presidium Council and a Freeport Commissioner -- renegotiated the mine agreement two years ago, LAMASA is a joint owner of the mine. Refusing to stop at checkpoints is a way to assert their rights as joint owners.
The grey tailings from the mine, 100 kilometres upstream in the mountains, spread out almost as far as the eye can see. The tailings are several kilometres wide, many metres deep, and cover thousands of hectares of what was once pristine coastal rainforest, and the traditional hunting and gathering grounds of the Komoro people.
Only from the air can you get a real feel for the expanse of this devastation. A report on the environmental impacts of the mine claims that 40 million tonnes of mine tailings were dumped into the Ajkwa River system in 1996 alone.
The toxic tailings have obliterated the river that once snaked its way from the mountains through rainforest to the Arufura Sea. Now its polluted waters flow through multiple channels in the enormous grey expanse. Nothing grows on the sea of grey rock and sand.
Freeport-RioTinto scientists claim the tailings are not toxic, but still refuse to permit independent testing of the water in the Ajkwa River. Local people, however, tell us that food crops planted in the area only grow for a few months, then die when the roots reach the polluted water. They also claim that plants around the tailings area grow abnormally.
Several times, as we video and photograph the tailings, Freeport security cars pass us on the road built on the grey levy bank that prevents the tailings from spilling across and covering Timika town.
Makabori tells us about the intimidation that Komoro people suffer every day at the hands of Freeport security. It is normal for security personnel to help themselves to their produce as they pass through security check points. Most of Freeport's security is provided by the Indonesian military and the company has spent tens of millions of dollars building facilities for the thousands of troops stationed in the region.
ELSHAM estimates that 2000 Papuans have been killed in the area since the mine began operations in 1976, and a 1995 Australian Council For Overseas Aid report detailed the murders of 37 civilians, as well as beatings, tortures and house burnings, over a period of nine months.
Makabori and Paulus arrive after breakfast the following day to take us to the first of our scheduled meetings. During the next three weeks we plan to meet human rights, women's and environment NGOs, and political, church and traditional leaders, across Papua. At LAMASA's office, 60 men crowd into the bare room. For two hours we listen to their stories, often delivered almost as political speeches, about intimidation during the sham Act of Free Choice, about the continuing Indonesian police and military abuses, and, to a man (there was only one woman) they reject the Indonesian-imposed special autonomy. They tell us they want merdeka -- freedom.
One man's comment remains with us after the meeting: "We respect all human beings whether they come from the mountains or the sea and we want other people to respect us as human beings." From LAMASA we go to a much more informal meeting of a women's support group run by Thom Beanal's wife, Betty. No speeches here, they just quietly tell us about the double injustice suffered by women: rapes and assaults by the Indonesian security forces, and domestic violence at the hands of their Papuan husbands. Like other oppressed indigenous peoples around the world, Papuans' family structures and values are being undermined by the policies of a colonising government and the actions of corporations. The women at this meeting, like their men-folk at LAMASA, stress that their number one concern is independence.
We head to the edge of town for a meeting with Mama Yosepha's YAHAMAK group, set up to support the victims of Indonesian violence. Mama Yosepha Alomang was awarded a prestigious international environment medal last year for her work defending the environment and supporting the victims of military violence.
Most of the women are widows, their husbands having been killed by Indonesian security forces. As they start to tell us some of the horrific stories of abuse and intimidation, one tiny old lady sitting near us, shows us the stump of her leg, which she tells us was shot off by an Indonesian soldier in December, 2000.
We wonder what sort of security threat this old lady had posed. During the next three weeks we hear similar stories of atrocities and abuses everywhere we travel. On the day we flew out of Papua, a US delegation was flying in for talks with political leaders, government officials and NGOs. Hopes were high among Papuans that the US delegation might be going to offer something tangible in the way of justice, or even a path to a genuine act of self- determination. Thom Beanal speculated that the delegation might be coming to discuss security arrangements for US investments in the face of the build-up of Jihad militias in Papua.
At the meeting the US ambassador quickly dashed Papuan hopes by reaffirming America's continuing support for Indonesian sovereignty over Papua, and urging Papuans to accept special autonomy.
In Timika the delegation met representatives from LAMASA and YAHAMAK and tried to convince them that they were getting a fair deal from Freeport. They cited the recent construction of new houses, a school and a hospital as examples of this.
The Papuans pointed out that these facilities were built with their 1 per cent royalties, not from Freeport's profit.
[Kel Dummett is a Melbourne writer.]
Courier Mail - July 31, 2002
Chris McCall, Jakarta -- West Papua's separatist presidium fears it will be declared illegal and its members arrested under a new operation ordered by the region's police chief.
On July 17, police chief Inspector General Made Mangku Pastika issued a statement announcing operation Adil Matoa. The 60-day operation, beginning from an unspecified date yet to be announced, is purportedly aimed at creating a peace zone and keeping the restive province within Indonesia.
The aim of this special operation is to form and maintain Papua as a zone of peace and an integral part of the Unitary State of the Republic of Indonesia, the statement read.
It has gone hand in hand with increased military activity in parts of the province. The statement came as the pro-independence Papuan Presidium Council was arranging to declare its own peace zone in the troubled region next month.
Presidium secretary Thaha Alhamid said the statement's specific referral to separatists and groups using human rights as a cover for such activities clearly meant the presidium and the wider Papuan Panel would be labelled as separatists.
He said he and three co-accused were acquitted in May of subversion charges after the judge concluded there was no proof that any crime had been committed. This statement was an attempt, he said, to link the peace zone irreconcilably with integration with Indonesia.
Although the presidium and its affiliated bodies are campaigning for independence and revision of the infamous 1969 Act of Free Choice which brought West Papua permanently into Indonesia, its leaders have always stressed non-violence and respect for Indonesian law, for now.
Associated Press - July 31, 2002
Jakarta -- Indonesia's armed forces chief said yesterday that the soldier thought to be directly responsible for the mysterious death of an independence leader in Indonesia's Papua province had been arrested.
Separatist leader Theys Eluay died last November after meeting Indonesian military officials for dinner. Three officers have been detained in Jakarta since April for their role in the alleged murder, which has increased tensions in the province.
"We just found out recently who did this," General Endriartono Sutarto said, referring to the arrest of a soldier who was allegedly in a car with Mr Eluay when he died. "We have a commitment to bring them to court." The soldier has not been charged but was being held in custody at military police headquarters in Jakarta, military police chief Major-General Sulaiman Ahmad Basir said.
Earlier, a defence lawyer for Lieutenant-Colonel Hartomo, one of the three detained officers, said his client told military police on Monday that Mr Eluay had died of a heart attack while being questioned during a car journey and was not murdered.
But Mr Eluay's supporters and human rights activists insist he was murdered. A post mortem found he had been strangled and police said Mr Eluay was kidnapped by unidentified men.
Colonel Hartomo was commander of the elite Kopassus special forces in Papua at the time of Mr Eluay's death.
Defence lawyer Ruhut Sitompul said the officers then panicked and ran off, leaving Mr Eluay's body in his car.
Indonesia annexed Papua, a former Dutch colony, in 1969. Since then, a separatist army has fought for independence. Mr Eluay had advocated peaceful dialogue rather than violence in his struggle for independence.
Jakarta Post - July 31, 2002
Jakarta -- The military and police in Aceh are anticipating a mass strike during the celebration of Independence Day on August 17 in the restive province.
Police chief Insp. Gen. Yusuf Manggabarani told a media conference the security personnel had heard rumors of a mass strike circulating in the westernmost province.
"Although it's only a rumor, we are ready to anticipate any strike call and ask the people not to be easily provoked," Yusuf said on Tuesday.
He said security troops would maintain order and peace ahead of the national celebration, so that there would be no reason for people to stop their activities. Yusuf asserted there would be no deployment of reinforcements in connection with the Independence Day celebration.
Provincial military spokesman Lt. Col. Firdaus, who accompanied Yusuf during the media meeting, called on Aceh residents to hoist the red and white flag in observance of the national day. "It's not an order, because all Indonesian nationals normally raise the flag to honor Independence Day," Firdaus said.
Natural resource-rich Aceh has been rocked by a rebellion waged by the Free Aceh Movement (GAM) since the mid-1970s.
Meanwhile, a Muslim cleric was gunned down in the latest killing of a community leader in Aceh. A military officer, Maj. Zaenal Muttaqien, said Tengku Ismail Osman was fatally shot late Monday in front of his house on the outskirts of Lhokseumawe Separately, Jafit Zaim of the Indonesian Red Cross said two other bodies were discovered Tuesday on the outskirts of Lhokseumawe.
Reuters - July 30, 2002
Jakarta -- Indonesia's military chief said on Tuesday the problems in rebellious Aceh province should be resolved through dialogue but that separatists must drop their call for an independent state.
"The Aceh problem needs to be resolved. The best way out is through dialogue ... but Aceh must still be a part of the Republic of Indonesia. We'll take it if the dialogue can be conducted on that basis," said General Endriartono Sutarto, speaking to a gathering of editors.
Long running talks between Jakarta and the Free Aceh Movement (GAM) in Switzerland have failed to stop the violence that has killed thousands in 25 years since a separatist revolt began. GAM insists on independence, but the Indonesian government has ruled that out, saying a special autonomy package granted to the province early this year should be the basis for talks.
The deadlock has raised the prospect of moving the talks from Switzerland to Aceh, whose capital is 1,700 km northwest of Jakarta, and to include other Acehnese social groups.
"We'll openly embrace [the idea] if GAM declares it's ready for dialogue and accepts the [autonomy] laws. If GAM asks 'how do we surrender our arms' or 'would we get amnesty' ... that is the kind of dialogue we want to see developing," Sutarto said.
He said the military was committed to upholding government policy on Aceh. "If this nation wants to keep Aceh ... please don't blame us when we act firm. [GAM] has no right to lift arms. They've no right to own weapons. They have no right to use them." Earlier in July, Jakarta branded GAM as "terrorists" after accusing the group of murdering members of the local parliament, abducting civilians and burning schools. GAM vehemently rejected the accusations and terrorist tag.
Aceh in mind
Sutarto said he would welcome moves toward a restoration of full military ties with the United States, cut over human rights violations in East Timor linked to Indonesian forces.
Momentum is building in the US administration and among some in Congress to change that policy, partly because of a desire to boost Indonesian cooperation in the US-led war on terror.
"We'll accept US military cooperation with open arms if that can make us more professional. But in combatting terrorism, we don't want to be choosy," he said.
"We can't ignore those kidnappings of civilians [by GAM] ... All terrorists whose victims are innocent people are those whom we will combat." US State Secretary Colin Powell is scheduled to visit Indonesia on Friday with the US-led war on terror at the top of his agenda. But Jakarta has said it wants Powell to also consider Indonesia's own security problems, like Aceh separatism.
Indonesia's government plans to reveal new policies on Aceh next week, including whether a civil or military emergency should be imposed and whether Jakarta should continue talks with GAM.
A military emergency, or martial law, would place the army commander in Aceh in charge. Civil emergency is one step down, but still gives wide security powers to local authorities.
Radio Australia - July 30, 2002
Police in Indonesia's Papua province say they plan to crack down on separatist activists in the resource-rich region if dialogue fails.
The provincial police chief suspects separatists have been planning attacks but he will not say whether he thinks they will come from the separatists' armed wing or its political movement, the Papua Presidium Council. Papua has been relatively free of violence in recent months.
His comments come three days before a meeting of church, human rights, students and independence activists who plan to declare Papua a "zone of peace".
Agence France Presse - July 30, 2002
An Indonesian army officer suspected of involvement in last year's murder of a Papuan independence leader said the man had died suddenly while being questioned by soldiers, his lawyer said.
"Lieutenant Colonel Hartomo said that Theys [Hiyo Eluay] died suddenly, maybe because of shock, while his subordinates were questioning him in his car," said lawyer Ruhut Sitompul.
Hartomo, who like many Indonesians has only one name, commanded the Tribuana task force based in the provincial capital Jayapura when Theys was found dead in his car on November 11 last year. The independence leader had been abducted the previous evening.
"Hartomo was not in the car and had not ordered Theys' questioning. It was the initiative of several of his subordinates," Sitompul told AFP.
Hartomo's reported account of the death does not appear to match the medical facts. An autopsy determined Eluay had suffocated and his body was found in his crashed car with his face darkened and tongue protruding.
Army chief General Endriartono Sutarto has said witness testimony indicated the possible hand of members of the army special forces, Kopassus, who make up most of the Tribuana task force.
The provincial police chief, the governor and rights activists have also alleged military involvement.
Theys headed the peaceful pro-independence movement Papua Presidium Council. He was abducted while driving home from a ceremony at the Tribuana headquarters.
Sitompul quoted Hartomo as saying that, according to reports he had received from his subordinates, Theys was being questioned about his pro-independence sentiments.
"Hartomo seems to think that Theys had died of shock while he was being questioned in his car," the lawyer said.
Hartomo has been detained as a suspect and is believed to be one of three officers who will stand trial in a military court for their alleged involvement in the murder.
Six lower-ranking soldiers will also face trial. The nine, who have not been officially identified, face a maximum 15 years in jail if convicted.
A low-level armed struggle for independence in Papua began after the Dutch ceded control of the resource-rich territory to Indonesia in 1963. Eluay's organisation advocated peaceful pressure for separation.
The province, formerly known as Irian Jaya, was renamed Papua this year under an autonomy law and promised a much greater share of revenue from natural resources.
| 'War on terrorism' |
US State Department - August 2, 2002
Summary of counter-terrorism proposals for Jakarta
Indonesia, and Jakarta in particular, has suffered from a string of terror bombings over the past two years. The United States and Indonesia are committed to assisting each other in this fight. We will be undertaking a long-term security and counterterrorism program with Indonesia valued at a little over $50 million. Of this amount, about $47 million will be spent upgrading police capability and about $4 million on military training.
1. Training and assistance to Indonesian National Police: $31 million in FY 01-04
2. Additional capacity-building for the police, including establishment of a special police counterterrorism unit: Up to $16 million in FY 02 (from the emergency supplemental FY 02 budget.)
3. Technical assistance for combating terrorist financing and improving Indonesia's anti-money laundering regime: Valuation pending assessment
4. Enrollment in the Terrorist Interdiction Program, which provides technical assistance to help secure borders: Valuation pending assessment
5. Regional counterterrorism fellowships to provide training on counterterrorism and related issues to the Indonesian military: $4 million in FY 02-03 (from Section 8125 of the 2002 Defense Appropriations Act)
6. International Military Education and Training for Indonesian military: $400,000 in FY 03, if approved by Congress (in addition to $400,000 in FY 02 being spent to train civilians)
Reuters - July 30, 2002
Simon Cameron-Moore and Elaine Monaghan, Bandar Seri Begawan/Singapore -- Indonesia defended its record in fighting terrorism on Tuesday as US Secretary of State Colin Powell lent support, hinting Washington was ready to consider resuming military ties.
The United States cut military links with Jakarta, including the training of officers and arms sales, in 1999 when the Indonesian military was implicated in the murderous wave of violence that swept East Timor after the territory voted for independence.
Powell, on his way to a regional security forum in Brunei, told a news conference in Singapore that he was carrying ideas to help Indonesian President Megawati Sukarnoputri fight militancy in the world's most populous Muslim nation. He heads to Jakarta on Thursday.
"I think they recognise the danger that we all face and I think they have been cooperating more fully with us as time goes by, and I'm quite and sure that Mrs Megawati is committed to this cause," Powell told a news conference in Singapore.
"We have some ideas and some initiatives that we will present to them that I think will help them in their efforts in the campaign against terrorism," he said.
Powell will attend the Association of South East Asian Nations (ASEAN) Regional Forum on Wednesday along with foreign ministers from 21 other countries and the European Union.
Singapore Prime Minister Goh Chok Tong and a senior Philippine diplomat urged the United States to restore military ties to help Indonesia counter the threat of militancy.
Powell responded by saying he saw no inconsistency with the restoration of military cooperation through training and the United States' desire to reduce instances of human rights abuse.
"If you get young officers, expose them to a military organisation that is within a democratic political institution such as the United States ... that rubs off on them," he said.
Support crucial
Domingo Siazon, Philippine ambassador to Japan and ASEAN envoy, told reporters in Brunei that support for Indonesia was crucial for the whole region.
"I think it is necessary to re-establish these ties ... Indonesia is very important to the security of the whole of East Asia. More than 80 percent of the oil going to Japan is going through the Strait of Malacca," said the diplomat, whose country is Washington's staunchest ally in the region.
Neighbouring countries have been frustrated by Indonesia's failure to hunt down Islamic militants they say are hiding out in its vast archipelago, but Jakarta defended its record.
"We did what we can within our ability. For example, we captured two suspected terrorists," Foreign Minister Hassan Wirajuda told reporters at the end the ASEAN foreign ministers' meeting.
"Of course, I know you wanted us to arrest radical groups, but radical is not equal to terrorism," he said. Since the advent of democracy in 1998, no less than 29 Islamic political parties have emerged in Indonesia, where the vast majority of its 210 million people are Muslim.
The government also has to contend with militant groups like Laskar Jihad, which is mainly active in the strife-torn Moluccas islands where a bomb wounded more than 50 people on Saturday. Thousands have died in Muslim-Christian violence over the past several years.
Malaysian and Philippine security officials feel Indonesia is the weak link in a three-way pact to fight terrorism they sealed earlier this year. But there is political understanding for difficulties Megawati faces managing her unwieldy nation while it comes to grips with democracy.
Malaysia, the Philippines and Singapore have arrested dozens of members of Jemaah Islamiah, a militant group which their intelligence agencies say has ties with Osama bin Laden's al Qaeda network. Indonesia has made no arrests even though a group leader is said to be hiding out in the country.
Straits Times - July 31, 2002
Brendan Pereira, Malaysia -- As expected, Asean ministers flagged terrorism as a major threat at the end of its annual ministerial meeting in Brunei.
Along the corridors of the cavernous convention centre, diplomats from member countries spoke passionately about the need to make the region an inhospitable place for terror cells.
Now comes the more tricky part. Making sure that all member countries move beyond words and really show the will to fight terrorism on the ground.
For sometime now, Indonesia has been viewed as something of a laggard in the war on terrorism, not only by the United States but even by its close friends in the region, Malaysia and Singapore.
It has been slow to nab several Indonesian religious preachers who allegedly recruited and nurtured members of militant groups linked to the Al-Qaeda network.
These militant groups had planned to blow up targets in Singapore and had a long-term plan of creating an Islamic union in Indonesia, Malaysia and southern Philippines. Indonesia's main defence has been this: The preachers are radicals and not terrorists.
Sadly, that position was reiterated yesterday by its Foreign Minister, Mr Hassan Wirayuda, on the sidelines of the ministerial meeting, a few hours before the joint communique was issued. He said that his country had done quite a lot since the Sept 11 attacks against the US, including arresting two known terrorists. But how far was Indonesia willing to go in the war against terror.
His reply: "We will do what we can within our ability. At home, we have been doing our homework. Of course, I know you want us to arrest radical groups but radicals are not the same as terrorists."
But what about Hambali Riduan Ismaudin, the pointman for the Al- Qaeda network in the region? Malaysian security officials and foreign intelligence reports say that he is hiding on the island of Java and is planning attacks on targets in Singapore and Malaysia.
The Indonesian Foreign Minister's response: "Hambali was on the wanted list of the Indonesian police even before September 11. We do not know where he is. But certainly if we find him, our police will arrest him," he said.
It would be a reassuring day if the man said to be the chief incubator of terror in the region is finally nabbed. That single act will show the world that everyone in Asean is on the same page in the fight against terrorism.
| Government & politics |
Jakarta Post - August 3, 2002
Leo Wahyudi S -- Despite the ongoing Annual Session, people remain skeptical that the 700 members of the People's Consultative Assembly will actually be able to come up with solutions to cope with the country's political and economic crisis. They shared their views with The Jakarta Post.
Rino, 34, has been working as a traditional medicated oil vendor in the city for 12 years. He comes from Southeast Maluku and now resides in Kemanggisan, West Jakarta, with his wife and two children: I never ever feel the legislators represent me as a low-income earner. They don't even help us to survive.
They claim they fight for the poor, but which poor people do they fight for? It's just nonsense! So, tell them not to talk about poor people because it is all just a big lie. They only talk of their own interests and positions.
I swear that if they ever pass me by, I will throw stones at the faces of the people's representatives. I'm sick of them. My life is getting worse and they do nothing to improve our fate.
Every time I see them driving their posh cars, I wonder how they are able to earn that much money. I have been working for many years but I can't afford to even buy a bicycle at the moment.
Diki, 26, is a mobile vendor who sells beverages and cigarettes. He was born in Kuningan, West Java, and now lives with his wife and one son in Klender, East Jakarta: The Annual Session is meaningless because the people's representatives never side with the poor. I don't even feel they represent our interests, just theirs.
The legislators and the country's leaders are all the same: They are the wrong people. They are not down-to-earth people who are willing to lower themselves to see the reality of poor people's lives.
I'm not quite sure they can open their eyes and see how vendors like me have to stay continuously alert for City Public Order officers who are ready to evict us at any minute. Do they recognize the insecurity felt by most vendors? We face such a hard life every day. Do you think Megawati knows what happens to us low-income people?
Windu Aji, 31, is a marketing staff of a noted publishing company. He resides in Cibubur, East Jakarta: Practically speaking, the people's representatives have failed to struggle for the betterment of people's lives in general. I have never felt they represent the people's interests at all.
In my opinion, the People's Consultative Assembly and the House of Representatives lack qualified human resources. The quality can be measured by their consistent commitment to the poor and their personal capacity. Perhaps less than 2 percent of the legislators meet that quality.
Frankly, I'm apathetic to them, because they just come, sit and voice superficial ideas at most of the sessions. Worse still, they don't even feel embarrassed about receiving a high salary without working properly.
Most legislators should be replaced in an attempt to improve the quality of the people's representatives. Otherwise, the people's interests will always be neglected.
Tika, 31, a kindergarten teacher in Depok. She resides in Depok with her two children and husband: I don't think they represent all the people here. If they were our representatives they would have done something to slow down the rocketing prices of everyday items.
Personally, I'm reluctant to say or think about politicians or our leaders. It drives me crazy and makes my head spin. Instead of making our lives more comfortable, they make it more miserable.
I just hope they can stop the price hikes. How we can live prosperously if our income is not enough even to cover our most basic daily needs?
Christian Science Monitor - July 31, 2002
Dan Murphy, Jakarta -- Pius Lustrilanang says he's bled his last drop for President Megawati Sukarnoputri.
In 1998, as Indonesia's Suharto dictatorship fought to restrain the democracy movement Megawati had inspired, Mr. Lustrilanang was snatched off a Jakarta street and taken to a dank military interrogation center. His crime: leading a pro-Megawati student group.
Lustrilanang was beaten, given electric shocks, and held down in tubs of icy water until he almost drowned, then peppered with questions about the political organization behind the matronly future president. He says he survived by holding on to his dream of a Megawati presidency. "She was going to break up the old, corrupt system."
But today, a year after Megawati gained power, he calls his earlier expectations naive. "Megawati hasn't shown any commitment to stamping out corruption or establishing the rule of law," says the democracy activist. "She abandoned us."
All signs are that Megawati has stabilized the world's largest Muslim country four years after the US and others worried it was close to lurching badly out of control. This week, Megawati is expected to sail through the annual meeting of its highest legislative body. It met last year amid threats of riots and ended in the ouster of her mercurial predecessor, Abdurrahman Wahid.
Later this week, US Secretary of State Colin Powell will pass through here on his tour of Asia and is expected to praise Megawati's cooperation in the war on terror. Washington, meanwhile, is considering reestablishing military ties with Indonesia.
Yet the calm that "Mother Mega" has brought to Indonesian politics belies the fact that the expectations for sweeping change haven't been met.
If Megawati the outsider was seen as a vigorous advocate for the poor, a believer in fast-track democratization, and a critic of the military's poor human rights record, Megawati the president has not led any anti-poverty drives, has expressed unease with public votes in parliament, and has ordered troops to "carry out your duties ... without having to worry about human rights abuses."
Public rage at corrupt officials seethes just below the surface, and Megawati's failure to make a dent in poverty is costing her core support. The daughter of Indonesia's charismatic first President, Sukarno, has backed away from prosecutions of public officials and businessmen accused of stealing billions, and allowed the Army to regain some of the political clout it had lost. Nor has she moved to replace judges, despite a recent survey that ranked Indonesia's judiciary the most corrupt in Asia.
Perhaps worse, for the president's previously fervent supporters, is Megawati's recipe for stability: accommodating many of the politicians and generals who served Suharto.
"This is a reflection of Megawati's deep conservatism: She wants to hold on to what Suharto built rather than change it," says Jeffrey Winters, an Indonesia expert at Northwestern University in Chicago.
Political analysts offer two explanations for her go-slow approach to political change. One is expediency: It has helped her co-opt potential enemies. But equally important is the nonconfrontational style of this shy, almost introverted national leader.
"Megawati doesn't like to make waves," says her occasional adviser Rizal Mallarengeng, a political scientist. "She's not the type to use the presidency as a bully pulpit."
Of all the things that have disappointed supporters, none have been as symbolic of the divide between early expectations and Megawati's actual leadership as her insistence that the Indonesian Democratic Party of Struggle (PDI-P) support retired General Sutiyoso as governor of Jakarta. Sutiyoso is a Suharto- era holdover who was Jakarta's military commander when Megawati's then-opposition headquarters was overrun by soldiers in 1996. The government-backed attack not only left some 40 party members dead, but also galvanized national support for Megawati.
Megawati has cozied up to old enemies elsewhere, aligning her PDI-P with Golkar, Suharto's party. Recently, she ordered PDI-P leaders in the house to block a corruption investigation of Golkar chairman, Akbar Tandjung. Two Suharto-era generals are also among her closest advisors.
"We thought Mega was with the little people, but look at all the fat cats that are close to her now," says Bomo Sutarno, who earns $3 a day selling fried rice from a battered street cart. "She's letting them off the hook while a lot of people are still hungry."
There have been some successes. The economy may grow as much as 4 percent this year after stagnating or shrinking during the last four. After initial reservations that Indonesia wasn't "politically mature" enough, Megawati has thrown her weight behind a constitutional amendment allowing for direct presidential elections. Her ministers have improved relations with the IMF, and she has deftly played on US concerns that Indonesia could become a terrorist haven to win more aid.
But even Mr. Mallarengeng says she may not have what it takes to grapple with the problems that still face this archipelago. "She's good at being a symbol, but she's not so good at being a leader of the government." he says. "Leadership wasn't something she ever prepared herself for."
Observers say strong leadership is something Indonesia needs badly. From Sumatra in the west to Papua in the east, the Indonesian archipelago consists of roughly 15,000 islands that stretch as far as London to Baghdad. Along that length more than 100 languages are spoken.
Suharto's rule was highly centralized. When he fell, he released three decades of anger, fueling communal violence, demands for less national interference in provincial affairs, and separatism in Aceh and Papua.
Mr. Winters predicts Indonesia's current stability will prove fleeting in the absence of vigorous political and economic reform. "The picture is one of steady, slow decline."
Reuters - August 1, 2002
Muklis Ali and Dean Yates, Jakarta -- Indonesia's president insisted on Thursday there were no quick fixes to the country's many woes and said crippling a rebel movement in Aceh was vital to ending violence that has killed thousands in the troubled province.
Presenting a progress report to the top legislature, Megawati Sukarnoputri defended her first year in power and said the world's most populous Muslim nation had overall become a safer and more stable place since she took over.
Megawati made only minor reference to fighting terrorism, repeating her previous statements that Indonesia was committed to the international war on terror. She gave little attention to the small extremist Islamic groups that have given rise to fears the archipelago might become a hotbed for violent militants.
"We have to be realistic in that there is no instant and quick solution for the complex problems we are facing now. It's impossible for anyone to wrap up this big and heavy task in a situation which is chaotic and full of suspicion," Megawati said.
"[But] the threat of national disintegration that has shadowed us in the past several years ... has eased." Responding to critics of the International Monetary Fund's role in economic policy, Megawati said Indonesia had to work with the Fund to boost investor confidence. She warned her people of more pain ahead as the government tried to implement hard financial reforms under programmes agreed with the Fund.
She did not announce any fresh economic initiatives to boost foreign investment, which has dived partly over fears about the country's poor legal system and endemic corruption.
Criticised as passive leader
Megawati was appointed president last year by the 700-member top legislature, the People's Consultative Assembly (MPR), after it sacked her predecessor Abdurrahman Wahid for incompetence.
She marked one year in office last week, drawing criticism for passive leadership that has left some tough reforms on the shelf, although that cautious style has ushered in much-needed political stability and helped stabilise the rupiah.
On Thursday small groups of protesters gathered in front of the MPR and stock exchange, accusing Megawati of failing to push reforms and calling for her to resign.
Legislators urged the government to work harder, but said they appreciated Megawati's honesty about the challenges ahead.
"The progress report was comprehensive, honest ... she admitted all of the weaknesses," said Amien Rais, head of the MPR and who has often criticised Megawati and her government.
Parliament speaker Akbar Tandjung and head of the Golkar party, the second biggest in Megawati's coalition, added: "If we look at the economic and security sides, the government's performance is unsatisfactory. But the government has admitted the obstacles it faces." Megawati's speech coincided with the opening of the assembly's 10-day annual session.
Martial law for Aceh?
Underscoring her priority on national security, the daughter of founding President Sukarno focused the early part of her 20-page speech on efforts to resolve conflict in Indonesia. She said the government had to take tougher action against rebels in Aceh on the northern tip of Sumatra island.
"The government has considered several policies which will be aimed first to revive security by paralysing the armed separatist GAM, protecting the people and restoring the functions of [local governance]," she said in her speech. She accused the Free Aceh Movement (GAM) of a range of "terror acts" such as kidnappings and burning schools.
The cabinet is scheduled to discuss new Aceh policies on Monday, including whether a civil or military emergency should be imposed and whether Jakarta should scrap peace talks. Officials have said the policies could be unveiled after the cabinet meets.
She said conditions were calmer in Papua province in the east, where a low-level separatist rebellion has simmered for decades. Security had also improved in the strife-torn Moluccas islands, an area hit by Muslim-Christian fighting, she said.
Megawati stressed the importance of the IMF-led economic reform programmes to boost confidence in Indonesia's economy, which has struggled to recover from the Asian financial crisis. Critics including a cabinet member have demanded the Fund leave, saying its economic prescriptions were not effective.
"In relation to working together with the IMF, I emphasise that during this difficult transitional period, we certainly need that cooperation to boost confidence in our macro economy and monetary [conditions]," Megawati said.
Radio Australia - July 31, 2002
[Tomorrow Indonesia's National Assembly the MPR is to begin its annual session. Over ten days 500 assembly members will vote on groundbreaking changes to Indonesia's constitution. But first up on the MPR agenda is President Megawati Sukarnoputri's 12 month progress report to the assembly. Dissatisfaction with Megawati's leadership is also growing even within her own party.]
Presenter/Interviewer: Tricia Fitzgerald, Jakarta
Speakers: Former PDIP MP Indira Sugondo; PDIP MP Jacob Tobing
Fitzgerald: Members of Megawati Sukarnoputri's the PDIP, staging a protest in Jakarta. They were commemorating an attack on Megawati's party headquarters in July six years ago. Five party members were killed and dozens of people disappeared permanantly in the attack, which was a crack down by former President Suharto. At this year's memorial rally, though PDIP supporters weren't just attacking Suharto. They were also attacking their own party leader President Megawati.
Mr Permadi, a Member of Parliament for Megawati's party, who says the president has failed to push for an investigation into the killings at her headquaters, a sign he says she is forgetting the supporters whose protests carried her into power.
Former supporters and critics of the President say she has doesn't communicate with the public or her party members and that she refuses to open herself up to the media. Several PDIP members of parliament have already either quit the party or resigned from the parliament. Among them is Indira Sugondo who resigned her seat in disgust at what she says is Megawati's autocratic style off running her party.
Sugondo: I don't see that there is any democracy in the party. We have to represent what Mega says and not what the people we are representing in the house say. Fitzgerald: Indira Sugondo says Megawati's failure to attack corruption was another reason she left the parliament.
Sugondo: That was the main thing, or the main goals that Megawati said when she was addressing her public speech for the first time when she was elected as president to fight the KK. But I don't see any plan by her to do so.
Fitzgerald: Indira says Megawati's recent decision not to support a parliamentary investigation into corruption allegations against the Golkar party leader Akbar Tanjung is another sign that the president has dropped the ball on fighting corruption.
Sugondo: Oh, it's obvious that they are having some deals with the Golkar party. Of course I cannot tell you that this is what the PDIP itself decides. But the elite of the PDIP, especially in our case the leader, in this case Megawati. And she's also the president.
Fitzgerald: There's also anger inside and outside the President's party over her recent backing of the Suharto era commander General Sutiyoso for a renewed term as the Governor of Jakarta. Party members say they feel betrayed by this move as he was the general who commanded the Jakarta garrison at the time of the attack on the Megawati's party headquarters. But PDIP MP Jacob Tobing defends Megawati's appointment of General Sutiyoso.
Tobing: Jakarta is a barometer. And it's quite easy now to have bombs there, riots here, and sometimes that's kind of works that link to intelligence community. Who can understand it? But people with that background to handle that.
Fitzgerald: Mr Tobing claims President Megwati is still popular and says the concerns of Jakarta-based critics don't hold much sway with the majority of her supporters.
Tobing: No, we cannot conclude her position by only considering recent issues. We must look at it in a longer period. According to the independent international surveyor she enjoys still a very strong support from people. On the long-range issues, not on popular instant issues like Sutiyoso's problem or 27 July. If the portrait is made only of those issues, yes she has problems. But if we bring together all other factors and put in a longer period, she still has enough popularity.
Jakarta Post - August 1, 2002
Ahmad Junaidi, Jakarta -- The 1945 Constitution (UUD 1945) has gone through at least seven crucial phases since it was endorsed by the Preparatory Committee for Indonesian Independence (PPKI) on August 18, 1945, just one day after the Declaration of Independence.
The original Constitution, which consisted of a preamble and 37 articles, was drafted by the country's founding fathers, including Sukarno, Mohamad Hatta, Wachid Hasjim, Maria Ulfah, Latuharhary Iwa Kusuma Sumantri and Chairul Saleh.
Since the beginning, the founding fathers had intended that the Constitution would serve as a temporary Constitution given the state of war the country found itself in at the time.
The second crucial moment was the adoption of the constitution of the United States of the Republic of Indonesia (UUD RIS) when the country became a federal state as a consequence of the Round Table Conference (KMB) between Indonesia and the Dutch on Oct. 23, 1949.
The UUD RIS, which consisted of 197 articles, was only applied between 1949 and 1950, when the country returned to being a unitary state on April 15, 1950.
The return to a unitary state marked the third phase in the country's constitutional history, with the adoption of the provisional constitution (UUD Sementara), which consisted of 146 articles. Under the provisional constitution, the government was led by a prime minister. Sukarno and Mohamad Hatta still served as the country's President and Vice President while Muslim scholar M. Natsir was appointed as the country's first prime minister.
Based on the provisional constitution, the country held in 1955 the first general election that was widely considered as being democratic.
The Indonesian National Party (PNI) was the winner of the election, followed by the Masyumi Party, the Nahdlatul Ulama Party and the Indonesian Communist Party (PKI).
The general election, which was also participated in by members of the Indonesian Military (TNI), was to select members of the House of Representatives and the Constituent Assembly.
The Assembly was tasked with drafting a new constitution, a task Sukarno and the military eventually deemed it to have to failed to perform. Sukarno, who was supported by military chief Gen. A.H. Nasution, then issued a decree declaring a return to the 1945 Constitution.
Under Soeharto, who toppled Soekarno in 1966, Indonesia not only maintained the 1945 Constitution but also started to treat it as something akin to sacred.
The Constitution entered its fifth crucial phase in 1999 after Soeharto was forced to resign on May 21, 1998. The People's Consultative Assembly, whose members were elected during the 1999 general election, amended nine articles of the 1945 Constitution.
The most important change brought about by the first series of amendments was the limit on the number of terms a president may serve to two five-year terms from the previously unlimited number of terms.
The sixth pivotal phase was the second series of amendments to the 1945 Constitution which were passed by the MPR in August 2000. The Assembly amended and added some 25 articles during its General Session. Regional autonomy and respect for human rights were among the important issues covered by the amended articles.
The seventh and latest phase was the passage of the third series of amendments introduced last year. One of the 23 additional articles provides for a direct presidential election.
The Constitution will enter another phase today with the Assembly expected to focus on the fourth series of amendments, which has created heated debate among the members of the political elite.
Jakarta Post - August 1, 2002
Tiarma Siboro and Fabiola Desy Unidjaja, Jakarta -- With just one day to go until the convening of the People's Consultative Assembly Annual Session, noted legal practitioner and human rights activist Todung Mulya Lubis warned of a possible vacuum should the political parties not agree to proceed with the constitutional amendment process.
He further warned that such a situation could allow the Indonesian Military the opportunity to force the nation to reinstate the unamended 1945 Constitution.
According to Todung, the ongoing political guerrilla warfare the parties were waging could lead to a constitutional crisis and thus pave the way for the military to force a return to the unamended Constitution.
Under the 1945 Constitution, which is a simple, uncomplicated document, the military might hope to regain the power it held for more than three decades during the New Order era.
Should a deadlock emerge during the Annual Session, it would be the latest in a series of reinstatements of the original 1945 Constitution due to failures to agree on a new or improved constitution.
Under pressure from the powerful Army, founding president Sukarno issued a decree on July 5, 1959, restoring the 1945 Constitution. But ten years later, he was impeached by the Interim People's Consultative Assembly (MPRS), leaving the door open for the Military under former president Soeharto.
Ikrar Nusa Bhakti, a political analyst from the Indonesian Institute of Sciences (LIPI), concurred and said the political elite should unanimously endorse the fourth batch of amendments after the synchronization of all of the chapters to be amended.
He called on all factions in the Assembly to accept the proposed new set-up for the MPR so as to rid the legislative system of non-elected members.
Under the proposed bicameral legislative system, the Assembly would consist of the House and a Regional Representatives Council whose members would be elected via general elections, he explained.
Ikrar said that the proposed new legislative system was in line with the political bills currently being deliberated by the House, which envisaged the phasing out of non-elected seats for the military and the National Police in the House. Instead, members of the military and police would have the franchise restored but would be required to leave their respective forces should they wish to enter politics.
Both the military and the police have opposed the bills, saying that they still needed until 2009 to get out of the MPR.
There was a possibility that the nation could witness a repeat of its past constitutional history as TNI Commander Gen. Endriartono Sutarto signaled on Tuesday that the military would support President Megawati should she decide to issue a decree liked the one her father issued reinstating the original 1945 Constitution.
Meanwhile, the major factions appear to be still at odds over many of the more controversial changes contained in the fourth raft of constitutional amendments.
The Golkar Party and the Indonesian Democratic Party of Struggle (PDI Perjuangan) are still divided over the Assembly's composition and, maybe, the possibility of a second run-off round in direct presidential elections. Meanwhile, the National Awakening Party is set to oppose the amendments in the absence of an independent constitutional commission.
Furthermore, the minority Islamic parties are still trying to have the Jakarta Charter on sharia inserted in Chapter 29 of the Constitution.
The PDI Perjuangan is also divided internally over the constitutional amendment process with a group of its legislators supporting the military's suggested return to the unamended Constitution.
Meanwhile, Arifin Panigoro, chairman of the PDI Perjuangan faction in the Assembly, brushed aside a possible deadlock as his faction had no more problems with the fourth batch of amendments and was ready to endorse them during the Annual Session. "We are not going to reject the last three amendments. Just because we disagree with certain articles doesn't mean that we want to return to the original form of the Constitution," Arifin said.
He underlined that the party would only want to see the original form of articles being used in the case of certain contentious ones, such as article 29 on religion.
Arifin admitted that there were dissenting opinions inside the party regarding the amendment process but said these would not stop the party from endorsing the amended Constitution.
Vice President Hamzah Haz ruled out a possible deadlock, saying there would be no vacuum or transitional constitution. "We have only two choices: To accept the amendments or restore crucial articles to their original form," said Hamzah, who is also chairman of the United Development Party (PPP).
Jakarta Post - July 31, 2002
Berni K. Moestafa, Jakarta -- A poll shows that 69.5 percent of 4,133 respondents are ready to vote in a direct presidential election, as lawmakers will meet next week to decide whether to adopt a direct election in 2004.
The poll results, presented by the Centre for Political Studies and the Soegeng Sarjadi Syndicate on Monday, also showed that the country's ruling party, the Indonesian Democratic Party of Struggle (PDI Perjuangan) had retained its popularity, despite recent criticism of what many perceive as a waning commitment toward reform.
Its popularity stood at 29.4 percent, followed by the National Mandate Party (PAN), with 19.8 percent. The country's second- largest party, Golkar, slid to 5.3 percent amid a rash of graft allegations that have hurt its image.
However, 27.1 percent of the respondents declined to indicate a favorite party. And although nearly 70 percent said they were ready to choose their future leaders in a direct election, 27.8 percent said they did not know whom that should be.
Only 15.5 percent said PDI Perjuangan chairwoman President Megawati Soekarnoputri and Coordinating Minister for Security Affairs Susilo Bambang Yudhoyono would make an ideal pairing for the 2004 presidential race.
The poll, held from July 15 through July 25, surveyed mainly educated respondents in Jakarta, Yogyakarta, Surabaya, Medan and Makassar. Analysts commenting on the poll, however, said its results did not reflect the views of voters in rural areas, where parties such as Golkar had a strong support base.
This is also not the first poll to estimate Golkar's fall. Polls ahead of the 1999 election showed similar results, only to cause public surprise when Golkar finished the race in second place after PDI Perjuangan.
The latest poll added strength to previous ones that have showed the public felt ready to elect their future leaders through a direct presidential election in 2004.
The People's Consultative Assembly (MPR) Annual Session is set next week to finalize the four-year amendment process of the 1945 Constitution. This includes ending debate on whether to adopt a direct election by 2004 or defer it to 2009.
Last month the President cast doubt over the public's readiness for a direct election, fearing it could lead to anarchy.
Her directive for her party to lobby against a direct election in 2004 raised fears the country's largest party might be steering the MPR Annual Session into deadlock.
However, PDI Perjuangan members decided to ignore Megawati's concern and supported the 2004 date at a recent congress.
Analysts commenting on the poll said PDI Perjuangan's apparent popularity was surprising given its controversial support for unpopular Jakarta Governor Sutiyoso, and its blocking of the establishment of a special committee to investigate graft charges against House of Representatives (DPR) Speaker Akbar Tandjung.
"Public support for PDI Perjuangan is largely due to Megawati rather than the party as a political organization," said analyst Fachry Ali at a media meeting.
He added that respondents who chose Megawati-Susilo as the ideal pairing preferred stability, even at the expense of the commitment to reform.
Critics have highlighted Megawati's close ties with the military, which, they said, improved political stability and security, but at the cost of the military's growing influence in politics.
Also surprising was the glaring percentage, nearly one-third, who said that they could not identify the parties or leaders in which they were confident for the 2004 election. Asked whom they regarded as future young leaders, 40.1 percent of respondents said they did not know.
"Most of the people surveyed were educated, yet the percentage answering they did not know was very high," said Firiani Sophiaan Yudoyoko, who heads the political science department at the University of Indonesia.
She said this indicated educated voters had either become apathetic towards politics, or were awaiting better options.
Analyst Rizal Mallarangeng said the large proportion of undecided voters could be a crucial factor in the outcome of the 2004 general election.
"A large proportion of those who support PDI Perjuangan or other parties are also floating voters," Rizal added, explaining their votes might cancel each other out in 2004.
Analysts said disenchanted voters were being targeted by many of the new parties, which total some 180 to date.
Jakarta Post - July 31, 2002
Tiarma Siboro, Jakarta -- As the Annual Session of the People's Consultative Assembly (MPR) draws near, the Indonesian Military (TNI), along with the National Police, has maintained its opposition to the ongoing constitutional amendment process and is calling for a return to the (unamended) 1945 Constitution.
TNI chief Gen. Endriartono Sutarto said on Tuesday that the amendment process had deviated from its original purpose and that "the TNI and the National Police will support any decision made at the upcoming Annual Session, slated to run from August 1 through Aug. 10, including the possibility of issuing a decree providing for the reinstatement of the 1945 Constitution if this was considered the best choice for the country." Addressing a press conference with chief editors from local and foreign media here on Tuesday, Endriartono supported the proposed establishment of a Constitutional Commission, comprising constitutional law experts and non-political groups to take over the amendment process.
"Amending the 1945 Constitution should not be seen as an effort to establish a new Constitution as there are some state principles that cannot be changed radically, including the concept of the unitary Republic of Indonesia and the obligation of the state to respect plurality among religious adherents.
"The ongoing amendment process has also involved politicians who are only interested in pursuing fixed and temporary political interests," the four-star general said.
Accompanying him during the conference were, among others, Army Chief of Staff Gen. Ryamizard Ryacudu, Navy Chief of Staff Adm. Bernard Kent Sondakh, Air Force Chief of Staff Marshall Chappy Hakim, and several high-ranking National Police officers.
Endriartono suggested that the amended 1945 Constitution should be considered as a transitional constitution pending the establishment of a Constitutional Commission.
The TNI's official position on the amendment process was disclosed to the public only days after the Nahdlatul Ulama (NU) -- the country's largest Muslim organization -- revealed its stance opposing the amendment of Article 29 of the 1945 Constitution and supporting direct presidential elections.
The NU, as well as the TNI and the National Police, has also supported the adoption of a second round system for direct presidential elections, but did not specify whether such an election should be held in 2004.
If the current amendment process proceeds smoothly, the TNI/National Police factions will be scrapped from both the House of Representatives and the Assembly in 2004.
The TNI's stance was immediately criticized by constitutional law expert Harun Alrasyid, who said that neither the TNI nor the National Police had the right to dictate what the Assembly should do as "it is the state's highest institution." According to Harun, both the TNI and the National Police should stick to security and defense issues instead of interfering with the ongoing political process in the Assembly.
"As part of the executive power, the military and the police are under the President. They should only follow orders issued by the President, and not dictate the Assembly's performance. They also should not influence the President to issue a decree should the amendment process become deadlocked due to political differences among the parties," Harun told The Jakarta Post.
Under the administration of president Sukarno -- the country's founding President and also incumbent President Megawati Soekarnoputri's father -- the military supported the issuance of a decree on July, 5, 1959, providing for a return to the 1945 Constitution. Many believe that this decision paved the way for the authoritarian rule of both Sukarno and his successor Soeharto.
Harun, however, brushed aside the assumption, saying that "It was the 1945 Constitution itself which contained the authoritarian rules. "So, what we need is not an amended constitution, but rather a new constitution for this country."
Jakarta Post - July 31, 2002
Kurniawan Hari, Jakarta -- Public pressure is now growing for the People's Consultative Assembly (MPR) to establish an independent constitutional commission, just two days before the Assembly begins its Annual Session to endorse changes agreed in the fourth phase of the constitutional amendment process.
Noted Muslim cleric Solahuddin Wahid, legal expert Adnan Buyung Nasution and former coordinating minister for political and security affairs Gen. (ret.) Wiranto met with MPR chairman Amien Rais on Tuesday to urge the Assembly to form an independent commission to synchronize amendments made in the fourth phase with those endorsed in previous stages.
The National Awakening Party (PKB), the fourth-largest party, voiced a similar demand on Monday.
"We are concerned at the current amendment process," said Buyung after a closed-door meeting with the MPR leaders here on Tuesday. However, he did not elaborate on this concern.
According to Buyung, the proposed commission could be established through a decree or by amending Article 37 of the 1945 Constitution to give authority to the commission.
The commission, Buyung said, would be tasked with advancing and harmonizing all results of amendments in the past three years. Until the constitutional commission completed its task, he added, all amended articles in the constitution ought to be declared valid.
The MPR, the country's highest legislative body, will convene from August 1 through 10 to endorse, among other things, amendments agreed in the current stage of constitutional amendment.
Analysts have criticized the whole process and the results of amendments to the 1945 Constitution, which, they said, had not been subject to public participation and were based merely on political parties' short-term vested interests.
The Interest Groups faction, for example, has insisted on maintaining its presence in the MPR, despite agreement last year that the Assembly would comprise members of the House of Representatives (DPR) and the Regional Representatives Council (DPD), all of whom must have been elected in a general election.
After more than one year of deliberations, the Assembly's ad hoc committee for amendment (PAH 1) has failed to reach consensus on the factions in the MPR.
MPR members have also locked horns on a direct presidential election as they have failed to reach an agreement on the second round of the election in the event that the first fails to produce a clear winner to take over the national leadership.
Apart from their conflicting political interests, MPR members have also come under fire for providing the public with little opportunity to participate in the amendment process.
Even though PAH 1 members held hearings with various religious groups and scholars, as well as making regional visits, the time available for discussion was very limited, depriving the public at large of the opportunity to participate actively in the process.
Such a political tug-of-war and lack of public participation has prompted non-governmental organizations (NGOs) and proreform activists to call for the setting up of an independent constitutional commission.
An NGO coalition, headed by the Center for Electoral Reform (Cetro), insisted that the commission had to be granted full authority to draft a new constitution.
The existence of the commission, Cetro argued, would not be a threat to the authority of the MPR as the draft would be presented to the MPR for approval. Should the MPR reject the draft, the entire electorate would have to be given a chance to have the final say through a national referendum. The campaign, however, failed to get MPR support.
According to Buyung, Amien Rais gave a positive response to demands on Tuesday for the creation of a constitutional commission.
Jakarta Post - July 30, 2002
Berni K. Moestafa, Jakarta -- With new political parties sprouting fast, analysts said their prospects at the 2004 general election were dim as most of them lacked a clear support base at the grassroots level.
But the new parties stood a chance among the young and the more politically aware, they added. "The problem of new parties is that of struggling to be recognized," said political analyst Fachry Ali on Monday.
He said most of the newer parties did not come from, or were not affiliated to, mass organizations, as did the newcomers at the 1999 general election.
Fachry was referring to parties such as the National Awakening Party (PKB) and the National Mandate Party (PAN), which have the support of the country's two largest Muslim organizations, with a combined membership of some 70 million backing them.
A total of 48 political parties took part in the 1999 election, in a surge of political expression following the end of Soeharto's 32-year authoritarian regime.
Under the New Order administration, political parties were restricted to three, with Golkar winning the election every time.
Currently, some 180 new parties have registered at the Ministry of Justice and Human Rights to participate in the 2004 general election.
But analysts said a strict elections bill, being discussed by legislators at the House of Representatives (DPR), would likely reduce that number significantly.
Two noted political observers, Andi Mallarangeng and Ryaas Rasyid, nonetheless added flavor to the choice of parties with their Unity, Democracy and Nationhood Party (PPDK), which they unveiled last Sunday.
Fachry said that having prominent observers in a party might be appealing to intellectuals but not enough to reach out to ordinary people. "In an election, one person equals one vote. It doesn't matter whether that voter is a professor or a poor farmer." He said most Indonesian voters sought representation in parties with ties to their traditions or beliefs.
For example, he said, PAN had a very modern political platform for an Indonesian party when it was launched in 1998.
But only through its affiliation to the country's second-largest Muslim organization, the Muhammadiyah, was it able to snatch a sizable voting base in 1999, Fachry said.
Now PAN is seen as compromising its modern platform to forge ties with Islamic-leaning parties in what would have been an unlikely coalition in 1998.
On PPDK, Fachry said the party offered an interesting sales pitch, in which it focused on gender issues affecting women.
Although women were a largely neglected voter segment, he said, they also made up most of Indonesia's uneducated voters, making PPDK's intellectual appeal unsuitable.
Last week, singer and song composer Eros Djarot announced his Bung Karno Nationalist Party, referring to founding president Sukarno. Prominent economist Sjahrir is due to announce his New Indonesia Party (PIB) over the next few months.
Ramlan Surbakti of the General Elections Commission said that new parties would have a hard time winning over traditional voters.
These parties, he said, stood a better chance with floating voters who changed their choice from one election to another, depending on the issues parties campaigned for.
"They [the parties] can find support also with voters who have become disappointed with their old choices," Ramlan said.
Young voters, who would be eligible to vote for the first time in 2004, also represented a large cache of potential support, according to him.
Jakarta Post - July 29, 2002
Fabiola Desy Unidjaja, Jakarta -- In a move to net potential voters who have been disappointed with the performances of existing political parties represented in the country's supreme law-making body, the People's Consultative Assembly (MPR), two noted political observers declared a new party on Sunday.
Andi Mallarangeng and Ryaas Rasyid announced the establishment of the Unity, Democracy and Nationhood Party (PPDK) before hundreds of guests, marking their move from political observers to political players.
"PPDK will be an open party for people from all walks of life," Andi said as quoted by Antara during the declaration ceremony, which was also attended by Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono.
He underlined that the new party would be free of racial, religious, and ideology sentiments, and would provide room for all ideas to grow within the party.
As the 2004 general election draws nearer, a glut of new political parties have emerged which analysts have said reflects disappointment with existing political parties.
According to data from the Ministry of Justice and Human Rights, there are around 180 registered political parties expecting to contest the 2004 general election.
The birth of these new parties were mostly initiated by noted analysts, who have a long list of achievements, including academically.
Last week, Indonesian Democratic Party of Struggle (PDI Perjuangan) defector Eros Djarot launched the Bung Karno Nationalist Party (PNBK), referring to founding president Sukarno. Earlier this year, another PDI Perjuangan rebel, Dimyati Hartono, an expert in the legal field, established the Indonesian Motherland Party (PITA).
Noted economist Sjahrir is also expected to declare the New Indonesia Party (PIB) in the next few months.
However, the draft law on political parties has a set series of rules that may kill off the parties before they begin to grow.
A bill under discussion by the House of Representatives, stipulates that a party must have branches in at least 20 of the 30 provinces to contest the election.
The parties also must have executive boards in 66 percent of the regencies or cities in a province. Analysts have warned that the emergence of new parties may confuse the people as what had happened in 1999 when 48 parties contested the election.
Andi said the PPDK was expected to seize the moment of the implementation of regional autonomy, offering its potential voters nationwide special attention to the decentralization program and public services.
Both Andi and Ryaas were architects of Regional Autonomy Law No. 22/1999 and stood at the forefront of the law's implementation in 2000.
Ryaas, a bureaucrat who started his career as deputy district chief of Mariso in South Sulawesi in 1972, served as the state minister of regional autonomy under the presidency of Abdurrahman Wahid.
| Corruption/collusion/nepotism |
Straits Times - August 1, 2002
Devi Asmarani, Jakarta -- Indonesian judges are in the spotlight again, incurring the wrath of corruption watchdogs, for refusing to make their wealth public.
An umbrella body protecting the interests of the judges has lashed out at attempts by the government to release such information. It has argued that this could have a damning effect on the judges' morale and their "ability to pass independent decisions".
Last month, the National Commission to Investigate State Officials' Wealth (KPKPN) reported indications of financial irregularities in the cases of three judges who were involved in the recent bankruptcy case of the insurance company Manulife Indonesia. This followed the decision of the Supreme Court to overturn the bankruptcy ruling given by the judges.
After the report, Justice and Human Rights Minister Yusril Ihza Mahendra ordered police investigations into the case.
Supreme Court Justice Toton Suprapto, who heads the Indonesian Judges Association (IKAHI), said the KPKPN was "tendentious" in announcing its findings. He said the commission had acted too soon in concluding and revealing to the public that judges had lied in their wealth reports filed to the commission.
By doing so the KPKPN had influenced public opinion before any proof was produced, he added.
"We object to the way the KPKPN officials announced their findings," he said yesterday. "They give opinions and pass judgments on the reports of the officials' wealth. This violates the principle of being innocent until proven guilty." The IKAHI has written a letter to the KPKPN demanding that the commission keep the records of their wealth from public.
But the judges' demand has drawn much criticism and reinforced suspicions that corruption is rife within the justice system.
The judiciary was in the spotlight last week when the visiting United Nations Special Rapporteur Param Cumaraswamy said that the country's legal system was one of the worst he had seen.
Said the coordinator of Government Watch, a non-governmental organisation, Mr Farid Faqih: "The judges seem pretty desperate. They act like thieves who are about to have their stolen goods discovered." Indeed, a 1999 law stipulates that information of the officials' wealth in the KPKPN are state documents, thus accessible to the public.
Dismissing the charges, the head of the KPKPN's judiciary division, Mr Chairul Imam, told The Straits Times: "We don't pass judgment when we report about an official's wealth, we don't even make conclusions -- we simply reveal the data." Referring to the commission's findings that examined the assets of other judges, he said compared to their salaries some of the judges were impossibly rich.
Some claim to have extra income from a side business or from inheritance, but many could not explain their wealth, he said. The KPKPN is preparing to hand over nearly 20 cases involving judges and prosecutors to the police and the prosecutor's office.
| Regional/communal conflicts |
Straits Times - July 29, 2002
Jakarta -- Indonesian police have been questioning witnesses to a bomb blast that ripped through a crowded market, injuring 53 people in a Christian neighbourhood of the religiously divided province of Maluku.
A Maluku legislator blamed Saturday's blast on extremist groups trying to destroy the Malino peace agreement, signed in February between warring Muslims and Christians.
The island province, 2,600 km east of Jakarta, has been wracked by three years of sectarian fighting that has killed 9,000 people.
Police spokesman Sgt Ariawan could not say who was behind the blast in the provincial capital Ambon, and no one has been arrested. At least six eyewitnesses were being questioned, he said.
Ambon was peaceful yesterday, although hundreds of security personnel were patrolling the explosion area, Kudamati, he said.
Witnesses were quoted as saying that they saw two young men place a large plastic bag inside a handcart. Minutes later, a bomb exploded.
The injured -- which include 49 Christians and a year-old baby -- were hospitalised, some in critical condition.
Mr John Mailoa, deputy chairman of the Maluku provincial legislature, blamed the blast on extremist groups from outside the province who are allowed to operate there with impunity. He did not name any group.
"Extremist groups that should have been expelled from the province in accord with the Malino agreement must be held responsible for this incident," The Jakarta Post quoted him as saying. "They are trying to revive the conflict."
In recent months, Christian activists have blamed the militant Islamic group Laskar Jihad for violence in the province, including an April attack on a Christian village that left 12 dead.
The latest violence came two days after Laskar Jihad leader, Jaafar Umar Thalib, was released from jail pending his trial. He faces charges of inciting violence in the province after delivering a speech to thousands of his followers in March calling for war and urging them to reject the peace agreement. The group has denied responsibility for the recent violence.
Meanwhile, racial tension has returned in Central Kalimantan with more than 40 ethnic Madurese settlers fleeing back to their island off East Java, Antara news agency said. They boarded a boat that sailed on Friday to Surabaya, separated by Madura island by the narrow Madura Strait.
The Madurese had just returned to the province after years of self-exile after violent communal ethnic clashes between themselves and the local indigenous Dayak and Malay communities in early 2000.
Antara quoted the head of the police unit in the Kotawaringin Timur district as saying that four decapitated Madurese had been found since Thursday.
Decapitation and mutilation have been the hallmark of the ethnic violence between indigenous Dayak tribes and ethnic Madurese in West and Central Kalimantan since 1999.
| Human rights/law |
Radio Australia - July 29, 2002
[First to Indonesia, where the convicted favourite son of former President Suharto is likely to appeal a 15-year jail sentence for masterminding the murder of a judge and other crimes. While critics charge that the sentence went against "all legal textbooks" in that it was too light, others say the case had so many loopholes that the verdict might be overturned in a higher court. Hutomo Tommy Mandala Putra was convicted of ordering the drive-by shooting of Judge Syafiuddin Kartasasmita, who'd sentenced him to eighteen months' jail for a corrupt land deal.]
Presenter/Interviewer: Sen Lam
Speakers: Frans Winarta, a member of Indonesia's National Law Commission
Winarta: He should actually receive a heavier sentence, which is at least similar to the executor.
Lam: By executor you mean the two people who carried out the drive by killing?
Winarta: Yes because according to the legal theory in Indonesia a prime mover or a masterminder of a crime should receive a higher sentence. Secondly because he's the motivator he should be granted a heavier sentence.
Lam: So do you think some pressure was put on the judges presiding over the case?
Winarta: Oh yes, but the 15 years I consider is already a courageous decision by the court.
Lam: Some people think that the verdict leaves a lot of legal loopholes that may lead to a higher court overturning the sentence?
Winarta: Yes because in a court of law I haven't seen any evidence that the gun is being possessed by Tommy Suharto. This is only the beginning of a long legal battle because you have after this an appeal to the High Court, it will be tried again in the High Court, they can support the District Court decision, they can overturn the decision and then if he lost the case for instance in the High Court he can appeal to the Supreme Court, and after the Supreme Court like in other cases he can filed a judiciary review.
Lam: Are the prosecutors likely to appeal against the perceived light sentencing? Winarta: It is possible but looking into the situation where he is now being guarded I don't think that he is going to appeal because the heavier sentence he's asking or the appeal he's asking that means he's asking for more than 15 years, that means that he will be in danger.
Lam: The prosecutor?
Winarta: Yes as well as the judges also, the judges are now being secured by about 30 policemen. So you know what it means, that means that trying a case like Tommy Suharto endangers the prosecutor as well as any judges.
Lam: So the Suharto clan still wields a lot of influence in Indonesia?
Winarta: Oh yes.
Lam: You think the verdict that was handed out was in itself quite a courageous one?
Winarta: Yes it is a courageous decision I suppose because I also speculated at the time that he would get an acquittal, looking into the process that's done in a court of law where he took it lightly and requested so many judges, he's even joking, and even the legal counsel was saying at the time oh he's joking, saying that.
Lam: And Tommy Suharto's cell in Cipinang jail has been refitted just for him to include a bedroom, a living room and a bathroom and other inmates and indeed a lot of former political detainees have lived in squalid conditions in Cipinang prison. So how do they account for the special treatment of Tommy Suharto, how do they explain that?
Winarta: My comment is that from that kind of treatment, special treatment you know who he is. He is the son of the most powerful dictator in Asia, not Indonesia, but in Asia. For more than 30 years he ruled the country, so he's so powerful and you can imagine how many followers he has and how much money he got, making it possible for him to buy everyone in the country from top to bottom you see.
Lam: But the fact that Tommy Suharto is under detention, that he is in Cipinang prison, do you think that's a first step?
Winarta: Yes it's a step forward. I think if they don't dare to do that to the father they do it to the son.
Lam: And indeed an observer's pointed out that just about the only prominent Suharto crony who's been brought to justice is Bob Hasan who's serving a jail sentence?
Winarta: I heard he's not actually serving his jail term properly, meaning that he can at times walk away from the prison and go whenever he wants to go, that's what I heard, he can play golf in the morning, he can go with a helicopter and so forth. So I don't think this is a punishment because Suharto has so many followers and he's got so much money, Tommy Suharto has got so many assets and cash money that he can buy everybody in the country and this is a corrupt system.
Jakarta Post - July 30, 2002
Bambang Nurbianto, Jakarta -- The victims of the July 27 incident are unlikely to see justice served in the near future as legal enforcers are reluctant to handle the case seriously, particularly if it touches on former high-ranking officials, legislators said.
Dwi Ria Latifa, a member of the House of Representatives Commission II for legal affairs, slammed the investigators of the incident, who only focused on the common people, while ignoring the masterminds.
"We want the people who masterminded the incident to be investigated, not the people who were in the field during the incident," Latifa, a legislator from the Indonesian Democratic Party of Struggle (PDI Perjuangan), told The Jakarta Post on Monday.
Latifa was speaking on the sidelines of a meeting between Commission II for legal affairs and top leaders of the province of Jakarta, including Governor Sutiyoso, City Council chairman Eddy Waluyo, Jakarta Police chief Insp. Gen. Makbul Patmanegara, head of the Jakarta Courts Ridwan Nasution and head of the Jakarta Prosecutor's Office Muljohardjo.
A joint police/military investigating team set up in July 2000 submitted 14 suspects of the July 27 incident to the Jakarta Prosecutor's Office in mid-July of this year. The prosecutors only charged two of them while the others were returned to investigators.
Latifa, who has followed the case since the incident occurred in 1996, expressed her surprise over the new list of suspects, which excluded a number of former high-ranking officials.
Earlier, National Police spokesman Sr. Comr. Prasetyo expressed his disappointment over the fact that the files, which had been submitted several times to the prosecutor's office, were returned.
Responding to the complaints, Muljohardjo said on Monday that the number of dossiers submitted by the joint team were not backed up with strong evidence, therefore it was difficult for his office to legally process the cases.
Didi Suprianto, another PDI Perjuangan legislator, also expressed his disappointment over the exclusion of main suspects from the new list.
Didi was referring to Sutiyoso, the former Jakarta military chief, and Faisal Tanjung, the former military chief, Syarwan Hamid, the head of the former military sociopolitical affairs, and Hamami Nata, the former Jakarta Police chief. Didi and Latifa said if the joint team was not serious in resolving the cases, there were other ways to solve them, including the possibility of establishing the House's special committee (Pansus) or an ad hoc human rights court.
"We will try everything so that the cases will be solved comprehensively," said Latifa.
The joint police/military investigating team comprises 70 members from the Military Police, military prosecutors, the Jakarta Police detective unit and the National Police detective unit. The team replaced the National Police team, which had previously handled the investigation of the July 27 incident.
The joint team handed over three dossiers to the prosecutor's office for the first time in September 2000. But the office returned the dossiers to the team, citing a lack of evidence. It has happened several times since then. The team resubmitted dossiers in March, but they were also returned.
List of main suspects of the July 27 incident submitted in March: Let. Gen. (ret) Sutiyoso (former Jakarta military chief), Insp. Gen. Hamami Nata (former Jakarta police chief), Maj. Gen. Zacky Anwar Makarim (former chief of national intelligence), Soerjadi (former chairman of the Indonesian Democratic Party), Alex Widya Siregar (former PDI deputy chairman), Buttu Hutapea (former PDI secretary-general), Jonathan Marpaung (PDI member), Yorrys Raweyai (an executive of Pemuda Pancasila youth organization).
List of suspects submitted in mid-July: Col. (ret.) Budi Purnama, Lt. Soeharto, Soerjadi, Muhammad Rasyid, Eddy K., Pratomo Punto Dwito, Alex Widya Siregar, Buttu Hutapea, Romulus Sihombing, Harsoko Sudiro, Jonathan Marpaung, Raboni alias Buyung, Joni Momaga, Tanjung.
| News & issues |
Associated Press - August 2, 2002
Jakarta -- A judge yesterday delayed the trial of Indonesia's best-known Islamic militant on charges of inciting violence against Christians, saying the defendant "looked pale".
Laskar Jihad leader Jafaar Umar Thalib faces up to six years in prison for allegedly making a speech in April imploring his followers to ignore a peace agreement in the religiously divided province of Maluku. He is charged with inciting religious violence and insulting the President.
But Judge Mansur Nasution postponed the trial until August 15, citing the portly cleric's ill health. Neither the defence nor prosecutors asked for the postponement and no evidence of sickness was offered.
Instead, Judge Nasution opened the trial by asking Jafaar if he felt ill. When Jafaar said he felt fine, the judge asked him again -- then ruled that the defendant did not appear healthy enough to start the trial.
"You look pale," the judge said. "Therefore, it is better that the trial be postponed." In an interview on Wednesday with the Associated Press news agency, Jafaar was in good spirits.
Straits Times - August 2, 2002
Devi Asmarani, Jakarta -- The jailed son of former president Suharto, Hutomo "Tommy" Mandala Putra, said yesterday that he would not appeal against his 15-year jail sentence for masterminding a murder, because he would not get justice.
Tommy said that Indonesia's current political climate was not favourable for him and that his family's political opponents had made Indonesians hate him.
"Seeing that the condition is not in favour of me as a seeker of justice, with a heavy heart I have decided to pass on the chance to appeal," he said at a rare press conference inside the Cipinang prison.
Tommy runs the risk of a heavier sentence if he files an appeal which is later rejected by the higher court.
Last Friday, the South Jakarta District Court sentenced the 40- year-old billionnaire in absentia for the murder of a judge who, two years ago, had convicted him of graft. He was also convicted on two counts of illegal-weapons possession and fleeing from justice.
Tommy, who claimed to be sick in his cell when the verdict was read, said without elaborating yesterday that he would seek other legal avenues.
His lawyer Muhammad Assegaf said: "In the current political climate, the supremacy of law is absent, all considerations would be political, so we will have to plan another strategy." Legal experts said Tommy would likely ask for a presidential pardon, a move that might even free him from jail for a short period, at least.
Former deputy attorney-general Antonius Sujata told The Straits Times: "According to the law, a convicted person may ask for a presidential pardon and while waiting for the decision, he could file a plea to the District Court to delay his jail sentence.
"In this case, it would be up to the court to decide whether or not Tommy should be released." Such a move would be a repeat of what Tommy did two years ago, when the Supreme Court annulled the higher court's ruling and slapped him with an 18-month jail term for corruption.
When then president Abdurrahman Wahid refused to grant a pardon, Tommy fled before he was arrested.
Yesterday, he defended his decision to escape the jail sentence, saying he had been "traumatised" by the way the law was enforced in the country and that the escape was "my form of rebellion against the injustice I have had to suffer".
He also said that he had been pessimistic about winning his case in court, as he believed that there had been political intervention.
"From the beginning, it appeared that I had been targeted to receive a harsh punishment," he said, citing the fact that the judges, already busy with other high-profile cases, took only three days to reach a verdict.
Dressed in a cream shirt and black trousers, the healthy-looking Tommy held the press conference in the prison's meeting room with some of the prisoners looking on from behind a locked gate.
"I'm here for 30 years, but no one cares," yelled one of the prisoners. Tommy took no questions and guards led him away when he finished.
Earlier this week, he was photographed playing badminton in the compound, when a group of legislators dropped in to check on his prison conditions. They later said that his lavish jail cell was proof that he was receiving special treatment.
Jakarta Post - July 31, 2002
Bambang Nurbianto, Jakarta -- Military Police Commander Maj. Gen Sulaiman A.B. announced on Tuesday that Governor Sutiyoso was a suspect of the July 27, 1996 incident when hundreds of progovernment civilians and military attacked the headquarters of the Indonesian Democratic Party (PDI).
"Sutiyoso's name is not listed in the dossiers from the National Police, but it is in the dossier submitted by the military police," Sulaiman said, stressing that the dossier would soon be submitted to the prosecutor's office.
Sutiyoso was excluded from the list of 14 new suspects of the attack against supporters of then ousted PDI chairwoman Megawati Soekarnoputri by supporters of the government-backed party leader, Soerjadi.
The Soerjadi supporters received support from military personnel. Sutiyoso has been accused of being responsible for the incident because he was the Jakarta Military commander at the time.
The new list was submitted by the joint police-military investigative team to the Jakarta Prosecutor's Office in mid-July after similar dossiers had been rejected by the office numerous times.
Jakarta Prosecutor's Office chief Mulyohardjo confirmed on Monday the exclusion of Sutiyoso's name from the list of suspects, saying "Sutiyoso is not mentioned in the dossiers, not even as a witness." "So Sutiyoso's file is not missing," Sulaiman said as quoted by Antara. He said a number of military people would be named suspects, including Gen. (ret) Faisal Tanjung, who was the Armed Forces commander at the time.
Last Saturday, thousands of people gathered to commemorate the July 27, 1996 incident. They urged a comprehensive legal process against those involved in the incident, including the masterminds. They also rejected Megawati's decision to support Sutiyoso in the gubernatorial race.
Meanwhile, in the City Council building, Sutiyoso is still listed as a candidate for city governor for the 2002-2006 period. Sutiyoso has passed the initial selection held by the main factions in the City Council, except the National Mandate Party (PAN) faction.
Sutiyoso is the PDI Perjuangan faction candidate and is supported by two other major factions -- the Golkar faction and the United development Party (PPP) faction.
Other candidates still in the running include City Secretary Fauzi Bowo, Council chairman Eddy Waluyo, Deputy Governor for Social Welfare Djaelani, West Nusa Tenggara Governor Harun Al Rasyid, PDI Perjuangan Jakarta faction chairman Tarmidi Suhardjo and Golkar Jakarta chapter chairman Tadjus Sobirin.
The 11 factions are expected to name candidate pairs for governor and vice governor on Friday. Each faction may name two pairs. However, there is still lobbying going on between the factions.
The PPP faction, for example, openly announced it would wait for the position of the Vice President, who is also its chairman, and was ready to cooperate with any gubernatorial candidate from other factions.
Jakarta Post - July 30, 2002
Muninggar Sri Saraswati, Jakarta -- Convict Hutomo "Tommy" Mandala Putra received important guests on Monday as more than 30 legislators, accompanied by hundreds of reporters, paid a visit to Cipinang penitentiary in East Jakarta.
Even though he had been found guilty on Friday of masterminding the murder of Supreme Court Justice M. Syafiuddin Kartasasmita and was sentenced to 15 years in jail, Tommy received a warm greeting from the visitors.
Some of them treated the millionaire playboy, who is also the youngest son of former president Soeharto, just like an old friend. They cheerfully shook his hand. Even legislator Setya Novanto gave Tommy a big hug.
Setya, a businessman and Golkar party treasurer, was implicated in the high-profile Bank Bali scandal three years ago. The scandal centered around a Rp 546 billion transfer to PT Era Giat Prima, of which Setya was an executive, as a commission for services in assisting Bank Bali to recoup its debt in an interbank loan.
Tommy was playing badminton at an indoor court when members of House of Representatives Commission II for home and legal affairs arrived at around 2pm.
Wearing a polo shirt, knee-length baggy shorts and a new pair of Adidas tennis shoes, Tommy looked fresh, with no sweat on his face or body. An inmate told The Jakarta Post that Tommy had showed up at the badminton court a few minutes before the guests had arrived.
They too, visited Tommy's cell, which measures 4 meters by 9 meters. Some of them looked surprised at the condition of his three-room compartment, which seemed to have been newly decorated, with fresh paint on the walls.
There was a bedroom with a foam bed, a plastic storage box with an old photo of Tommy and his family on it, as well as a rack holding dozens of his clothes. In the living room there was a Sony Trinitron 21-inch television. The bathroom looked bright, with a private shower, ceramic toilet bowl and a water container with clean, fresh water.
No air-conditioning was seen in Tommy's cell, which is located in a separate block formerly used to accommodate political prisoners during his father's 32-year authoritarian rule.
There were two other cells in the block. However, they were appointed much more simply.
Lawmaker Dwi Ria Latifa questioned the level of luxury in Tommy's cell. "I asked the warden why the cell was better than others, but he did not reply," she told reporters.
Another lawmaker, J.E. Sahetapy, said he was "surprised" at the facilities in Tommy's cell. "We shall definitely raise the matter with the justice minister," he said.
However, warden Ngusman denied that Tommy was being given special treatment. "It's OK for detainees here to renovate or furnish their cell as long as it doesn't cause disruption," he told reporters after the visit.
There was no question-and-answer session during the visit, which lasted about 30 minutes.
The visit, led by commission chairman A. Teras Narang, was on the legislators' work schedule while the House was in recess.
Teras said that the commission had scheduled the visit two months earlier "to observe legal and human rights enforcement" in the city, as well as in Bengkulu and North Sumatra.
"We're not making the visit because Tommy is there; that's just a coincidence," he said. They later continued on their schedule by visiting Pondok Bambu penitentiary in East Jakarta.
During the short tour of Cipinang penitentiary, they also visited other cells in other blocks, where the prisoners were locked inside. Two or three legislators approached a cell and shook hands with an inmate.
Several prisoners shouted to the guests that Tommy should have been given the death penalty.
The cells were crowded. A cell can accommodate more than a dozen detainees. The penitentiary is currently home to 2,512 people, while its designed capacity is 1,789.
There was a communal bathroom in each of the penitentiary's eight blocks, except for Tommy's. In the bathrooms there were several open water containers painted a dull green. There were no doors to the bathrooms.
The legislators also took a glimpse at the penitentiary's mosque, church and hospital.
In general, the penitentiary looked clean, as though it had just been readied to welcome respected guests. Outside the penitentiary building hung a large banner that read, "Welcome Commission II members to Cipinang penitentiary." Earlier in the day, the legislators visited City Hall to meet Governor Sutiyoso and other high-ranking city officials, Jakarta High Court chief Ridwan Nasution, Jakarta Prosecutor's Office chief Muljohardjo and Jakarta Police chief Insp. Gen. Makbul Padmanegara.
| Environment |
Jakarta Post - August 1, 2002
Jakarta -- The government has asked US-based copper and gold mining company PT Freeport Indonesia to immediately deal with the pollution emanating from its mines near the Papuan towns of Tembagapura and Timika.
It said that thousands of locals living along two main rivers where the company dumped its waste water were under threat from numerous diseases because of the river pollution.
Muh. Ali Kastella, chief of the provincial office of the Waste Management Board (Bapedalda), confirmed in Jayapura on Wednesday that Governor Jaap P. Solossa has delivered an official letter to Freeport, asking the company's management to deal with the pollution immediately and to also be transparent about its waste management procedures.
He said the governor's letter was sent following an instruction from Minister of the Environment Nabiel Makarim that Freeport be warned about the pollution.
The governor also asked Freeport to explain how its waste was treated before being discharged into the rivers. The company was asked to redesign its work program to resolve problems with its tailing dump and to reduce discharges into the rivers as part of the effort to maintain the ecological stability of nearby mangrove forests.
Besides, the company was also asked to speed up its reclamation work to 150 hectares annually from the current target of 75 hectares, and furnish accurate information to the public on the company's environmental vision and mission through the print and electronic media.
Kastella explained that the environment minister had asked the governor to review the permit issued by the provincial administration to the company allowing it to dump tailing material into the rivers.
"Freeport has also been asked to explain its environmental programs and their implementation to the Papua provincial administration," he said as quoted by Antara.
Numerous informal leaders have expressed their deep concern over the river pollution, saying the government should fine the company as its waste was polluting rivers which served as water sources for the indigenous people in the area.
Markus A. Pogolamum, one of the informal leaders, regretted that Freeport had been mining the province's copper and gold deposits for years but still did not hesitate to make the locals the victims of its mining operations.
Local people could do nothing if the government failed to control the giant mining company, he said.
Last August, the South Jakarta District Court declared Freeport guilty of violating the environmental law as a result of the Grasberg incident in 2000. The court ruled that the company had disseminated misleading information about its waste management activities and had failed to prevent the collapse of its waste heap at Lake Wanagon near its copper and gold mines in Grasberg, Mimika Regency. The incident claimed four lives.
The lawsuit was filed by the Indonesian Forum for the Environment (Walhi). The environmental organization has also sued Freeport over the river pollution but the case has yet to go to trial.
| Health & education |
Straits Times - July 29, 2002
Robert Go. Jakarta -- HIV rates in Indonesia could be on the rise after revelations by the local Red Cross unit (PMI) that there has been a dramatic increase over the last five years in the number of donated blood samples that contain the lethal virus.
The Indonesian government's "passive-monitoring" policy prevents health workers from informing the donors of HIV-positive blood of their condition, allowing them to give blood repeatedly and possibly spread the virus through that and other means.
Dr Susanti, a media relations officer at PMI's central blood bank, told The Straits Times that out of 976,115 blood pouches collected in 2001, around 1,500 had to be destroyed after screening tests showed human immunodeficiency virus (HIV) contamination.
"That is a big jump from 1997, when 20 pouches in a million registered positive results, and from 2000, when only 70 blood bags had to be destroyed," she said.
The PMI screens donated blood for hepatitis B and C, syphilis and HIV. The agency has used the same testing method since 1992, and insists on its reliability.
Dr Susanti said: "We screen all pouches and follow a high standard. I would allow myself or my family members to receive blood transfusion here."
Dr Sigit Priohutomo, in charge of HIV control at the Ministry of Health, admitted that the evidence suggests a rise in the number of HIV cases in Indonesia. He estimated that as many as 120,000 people carry the virus or suffer from Aids here.
But most infections, he added, are caused by unsafe sexual contact and intravenous-drug use, while blood transfusion remains a relatively safe process. "We have documented only two cases of HIV transmission as a result of transfusion of blood supplied by PMI," he said.
Despite their assurances that Indonesia's blood supply is safe, government officials acknowledged that HIV could be transmitted through transfusion.
Dr Susanti said: "It is very unlikely, but there is a very small chance that infected blood can pass through our screening process." Ministry of Health officials defended the policy of not informing HIV-positive donors of their test results.
The government, they said, cannot afford to follow up with all positive results. Other health experts charged that the policy could help the spread of HIV.
Dr Adi Sasongko, a haematologist, said that the PMI should adopt an automatic response system, to include offering positive test results some initial treatment, into its blood-screening process.
In the meantime, there is little public confidence in the quality of PMI's blood supply, at least among the country's middle class and the well-to-do.
Many who need transfusions here would request that blood from relatives or friends be used, instead of blood taken from PMI's banks. And those who can afford it would prefer to fly to Singapore to receive transfusions.
| Religion/Islam |
Agence France Presse - August 3, 2002
Thousands of Muslims turned out to march toward a meeting of Indonesian parliamentarians to demand they incorporate Islamic law into the constitution.
In one of Jakarta's largest demonstrations in months, 4,000-5,000 men and women marched peacefully through the city's banking district on Saturday toward the legislature where the annual session of the People's Consultative Assembly, the country's highest constitutional body, was meeting.
"Save Indonesia with Islamic Law," read their banners. Many were written in Arabic. They shouted "God is great" as they filled two lanes of the road, with men at the front of the protest and women in traditional Muslim headcoverings toward the rear.
The protesters said they were from Hizbut Tahrir Indonesia, or the Liberation Party.
"Islam has an ideology like capitalism and communism, but Islam is better," said one marcher, Hamzah Salahudin, 33. He said they were walking to the assembly building. "We will convey our aspirations and demand Islamic law," he told AFP.
A statement issued by the demonstrators said Indonesia's crisis of poverty and unemployment, its high number of school dropouts, increasing crime and moral decay have resulted from the absence of an Islamic system, as well as from bureaucrats who fail to carry out their duties properly.
At the 10-day assembly session which began Thursday, legislators are discussing proposed constitutional amendments, one of which calls for the implementation of Islamic law, or Sharia.
At its congress last month Indonesia's largest Islamic organization, Nahdlatul Ulama, passed a recommendation opposing efforts to make Islamic law compulsory for Muslims.
The constitution's Chapter 29 says the state guarantees every resident's freedom to adhere to their respective religions and to perform their religious duties.
But the United Development Party, the largest Islamic political party headed by Vice President Hamzah Haz -- and several smaller Islamic parties -- are pushing for the Sharia amendment.
More than 80 percent of Indonesians are Muslim but other faiths are widely accepted.
Last month hundreds of people from Hizbut Tahrir rallied outside the Philippine embassy in Jakarta to shout their objections to the jailing by a Philippine court of an Indonesian man on explosives charges.
Jakarta Post - August 1, 2002
Debbie A. Lubis, Jakarta -- Noted Muslim leaders cautioned the United States on Wednesday against forcing Indonesia to crack down on hardline religious groups in the country.
While admitting that there were radical groups in the country, Muhammadiyah chairman Syafi'i Ma'arif said the groups were not involved in terrorism and had no link to any international terrorism network.
"Radicalism here is more because of the absence of good governance at the national and provincial levels, and the paralyzed legal systems. It will lose its root if national leaders, security officers and the legal system can function satisfactorily," Syafi'i told The Jakarta Post Wednesday.
US Secretary of State Colin Powell will arrive here Thursday with the purpose of helping President Megawati Soekarnoputri fight suspected terrorist groups in the world's most populous Muslim nation. Powell's agenda includes a meeting with leaders of mainstream Islamic organizations here. Some small Muslim groups are planning to hold street protests during his visit.
Indonesia is considered a potential hotbed for international terrorism. Two neighboring countries -- Singapore and Malaysia -- have openly accused Indonesia of allowing terrorists to roam free in the country, while the US has suggested that members of Osama bin Laden's terrorist network al Qaeda have entered Indonesia.
Syafi'i, chairman of Indonesia's second largest Muslim organization, said the country's commitment to fighting terrorism was something that could not be dictated by other countries.
"It's against our pride, our sovereignty. Besides, counter terrorism is not relevant here. How can we have a war with something that does not exist in the country?," he asked.
On Tuesday, Nahdlatul Ulama (NU) chairman Hasyim Muzadi said that the US should not worry about a number of hardline Muslim groups here because they had been set up to serve temporary interests.
"If the man behind the radicalism no longer needs these groups, I believe they will become powerless," Hasyim said, adding that those hardliners were not capable of establishing an international network.
Meanwhile, Indonesian Ulemas Council (MUI) chairman Amidhan said that the US could not force its own perception of terrorism on Indonesia. "We welcome any discussion on terrorism but we will refuse if the hardliners here are likened with those in the Middle East," he told the Post.
Amidhan said that he did not agree with the classification of Muslims into liberal, moderate, radical and fundamental groups because it tended to disunite Muslims. "If they can prove that the country's hardliners are involved in the international terrorist network, then they can put legal measures on them," he said.
Joko Susilo, legislator at the House of Representatives' Commission I on defense and foreign affairs, said that the US had failed to draw the sympathy of Indonesian Muslims with its recent policies, especially in the Palestine-Israel conflict.
"I am a bit skeptical about his visit, what hidden agenda will he will bring to this Muslim majority country? But I would like to say that we agree with the fight against terrorism but not against Islam," he said.
Joko said that hardline groups only represented one percent of the whole Muslim population here and had no connection to global terrorism although some of the leaders were graduates of universities in the Middle East.
"Still, we do not have the right to limit their aspirations of implementing their principles faithfully as long as it is not against the public interests," he said. Joko suggested Powell visit Muslims at the grassroots level in villages to see the bigger picture of Indonesian Muslims.
"Please come with friendship. Muslims here are very open and tolerant. Hardliners are not the mainstream of religious groups in Indonesia. They are the minority who shout more than they act," he said.
Agence France Presse - July 29, 2002
Jakarta -- Indonesia's top Islamic organisation Nahdlatul Ulama (NU) yesterday demanded that an article guaranteeing religious freedom be kept untouched in the country's Constitution.
NU reiterated its stand at the close of its congress that it opposed efforts to make religious practice and syariah law obligatory for Indonesian Muslims.
A 10-point recommendation issued by the congress said that although the NU fully supported current efforts to amend the 1945 Constitution, it wanted the article guaranteeing freedom of religion kept untouched.
"NU is of the opinion that the values of the national independence proclamation, the Unitary State of the Republic of Indonesia, the presidential system and Chapter 29 of the 1945 Constitution, do not need to be changed." Chapter 29 says that the state guarantees the freedom for every resident to adhere to his respective religion and to perform his religious duties in accordance with his religion.
But the United Development Party, the largest Islamic political party, headed by Vice-President Hamzah Haz -- and some smaller Islamic parties -- are advocating an amendment that makes it compulsory for Indonesian Muslims to practise their faith and abide by syariah law.
The People's Consultative Assembly, Indonesia's highest law making body, is scheduled to discuss this during its annual congress in Jakarta next month.
Indonesia is the world's largest Muslim-populated state with over 80 per cent of its approximately 214 million people following the Islam faith, but it is not the state religion and different faiths are widely accepted.
The NU also rejected any plan by the US and its allies to attack Iraq and reiterated its support for Palestinian statehood.
The organisation with over 40 million members, primarily active in Islamic education, urged the world and the United Nations to halt what it called Israeli aggression in the Middle East.
The NU regional chief for Yogyakarta, Mr Abdul Malik Madani, reading out the discussion results, said a suicide bombing could be condoned if it was part of a fight for truth and Islam.
He was quoted as saying that it was acceptable if it met three conditions: that it was aimed at protecting and fighting for the interests of Islam and Muslims; that there was no other more effective and less risky way to do so; and that it should only be aimed towards those believed to be the masterminds or perpetrators of injustice.
| Armed forces/Police |
New York Times - August 3, 2002
Todd S. Purdum, Manila -- Secretary of State Colin L. Powell announced on Friday that the Bush administration would resume direct military training aid to Indonesia for the first time in a decade, in a move aimed at bolstering the efforts against terrorism in the world's most populous Muslim nation.
Secretary Powell held a daylong series of meetings in Jakarta with President Megawati Sukarnoputri before flying here for consultations with Philippine officials.
He said that $4 million would be provided initially to Indonesia and that in all, the administration expected to spend about $50 million over the next two years for counterterrorism programs. Virtually all of it is already appropriated, with most for civilian and police training.
Still, the announcement was the clearest sign yet of the administration's resolve to restore military cooperation, which was sharply curtailed in the early 1990's and cut off altogether three years ago out of Congressional concern over human rights abuses by Indonesian troops.
Other Southeast Asian nations have complained that Indonesia has not been aggressive enough in rooting out militant groups and have urged the United States to resume aid, though Secretary Powell acknowledged that the move would prompt criticism.
"We are starting down a path to a more normal relationship with respect to military-to-military," Secretary Powell said at a news conference, adding that American training would help Indonesian forces learn respect for human rights and civilian control of the military. "We not there yet, but we're starting."
Here in the Philippines, 1,000 American troops have just completed a six-month training effort aimed at helping the country's military in its fight against the Abu Sayyaf guerrilla group, an Islamic group that turned to kidnappings for ransom. Secretary Powell was to discuss the next round of expected military training with President Gloria Macapagal Arroyo.
Before he arrived, knots of protesters, fearful that the United States wants to re-establish a military presence here, scuffled with police near the United States Embassy, leaving at least a dozen people injured.
Secretary Powell said this morning that he would make "no attempt to roll the clock back" to the days before the United States withdrew its bases from the Philippines. He said the next round of military operations here would be smaller than the one just concluded but added, "We will continue to assist them in training, perhaps at company level," though not in active patrols.
Human rights groups promptly criticized the announcement about Indonesia. "Before giving aid, the US should calculate the impact," said Henardi, director of the Indonesian Legal Aid and Human Rights Association. "No matter how small it is for the military, they could use it to justify past repression."
The initial $4 million is for "counterterrorism fellowships" part of a $17 million fund for such programs in the current Pentagon budget that is just now being allocated worldwide. The administration skirted the Congressional ban that bars contributions to the Indonesian military from the State Department's foreign operations budget by taking the money from a Pentagon account instead.
There is growing support on Capitol Hill for broader aid. Last month the Senate Appropriations Committee approved $400,000 for Indonesian military training for the fiscal year that starts October 1, lifting a previous provision that had limited such funds to civilian training. Congress is expected to approve that as part of the appropriations process this fall, while keeping in place a ban on arms sales. Indonesian officials have complained that the curbs on American military assistance have hurt their ability to combat terrorism in a nation of 17,000 islands.
State Department officials emphasized that the bulk of the $50 million, about $47 million, would go to train Indonesia's fledgling national police force. The officials said that more direct aid to the Indonesian military would require action by the Indonesian government to hold accountable the officers responsible for violence in East Timor and elsewhere.
The United Nations has estimated that more than 1,000 people died at the hands of pro-Jakarta militias, backed by the Indonesian military, around the 1999 independence vote in East Timor.
The Indonesian Army remains the most powerful national institution as the country weathers the turbulent transition to democracy that began in 1998, and its officers also finance their operations through ownership of businesses, from commercial real estate to a domestic airline.
After a meeting with senior Indonesian military and security officials, Secretary Powell said he had raised some specific cases, though he declined to give details.
Another senior official said, "We made it clear that results on that path were what was going to matter in terms of how far we would be able to move."
But Secretary Powell said that after a somewhat shaky start in the wake of September 11, the administration was "very satisfied and pleased with what Indonesia has been doing," to fight militant groups, though he added, "We think more can be done."
President Megawati's government has moved cautiously against these groups for fear of alienating the country's overwhelmingly Muslim population before elections in 2004. Malaysia and Singapore have accused Indonesia of allowing Abu Bakar Basyir, the leader of a group with links to Al Qaeda, to roam free. The government maintains there is no evidence that he has committed any crime.
Agence France Presse - August 2, 2002
The United States is ready for greater military cooperation with Indonesia and is confident Jakarta can handle any terrorist threats, visiting US Secretary of State Colin Powell said.
Powell was speaking after a morning meeting with Foreign Minister Hassan Wirayuda after flying in early Friday for the penultimate leg of a six-nation Southeast Asian tour to promote the US-led war on terrorism.
"As a result of the leadership shown by President Megawati [Sukarnoputri], we are able now to start down a road to greater military-to-military cooperation and more work with the police forces as they deal with those elements within every society these days that are determined not to respect the rights of people, not to respect democracy but to undertake terrorism as a way of pushing their feeble agenda," Powell told reporters after the meeting.
"We have full confidence in President Megawati and her officials and the TNI [armed forces] to deal with threats." The US broke off most ties with Indonesia's military in 1999 in response to its role in bloody rampages by pro-Jakarta militias in East Timor.
Powell said the US is "starting down a path to a more normal relationship with respect to military to military [cooperation]. We are not there yet but we are starting." The Congressional Leahy amendment bars a resumption of military ties until Jakarta accounts for past abuses in East Timor and elsewhere.
Powell said Congress "is watching carefully and expecting action to be taken with respect to past abuses that might have occurred." A 16-million-dollar program to fund counter-terrorism activities by the Indonesian police is now awaiting President George W. Bush's approval.
If approved, 12 million dollars of that funding will go to create a special anti-terrorism police unit, according to US officials. In addition, Indonesia may be eligible for a proposed US program that would set aside 17 million dollars for counter-terrorism "fellowships," according to the officials.
As the world's most populous Muslim country, Indonesia could play a critical role in ensuring that Osama bin Laden's brand of militant Islam does not spread, US officials believe. Jakarta has always played down the threat.
"The fact is that Indonesia is not Afghanistan and we don't believe that Indonesia will be a future Afghanistan," Wirayuda told reporters, saying extremists were very much in a minority.
Powell was later scheduled to hold talks with top economy minister Dorodjatun Kuntjoro-Jakti, Megawati and top security minister Susilo Bambang Yudhoyono.
The secretary of state also plans to meet leaders of moderate Muslim groups Friday afternoon in an effort to explain that the war on terrorism is not directed at Islam.
Human Rights Watch - July 2002
New York -- After one year in office, President Megawati's administration has restored a degree of political stability in Indonesia. But her efforts to secure support and stability have led to a retrenchment of many of the old interests of the Soeharto regime that ruled for three decades, most notably the military.
The last year has seen a resurgent military, while half-hearted judicial measures against corruption and human rights abuses have only demonstrated the level of impunity. Megawati's administration has yet to deal effectively with problems of military reform, the ongoing violence in conflict areas such as Aceh and Papua, and attacks on human rights defenders. These issues should all be on Secretary Powell's agenda.
Lack of military reform
There were some tentative reform measures under Presidents Habibie and Wahid, such as separating the police from the military and reducing the army's political role. However following the turmoil that ousted Wahid in July of 2001, Megawati has increasingly looked to the military for support. The institution has enjoyed a resurgence in influence, including new commands, impunity for human rights abusers, and weakening civilian control.
The territorial command structure, the architecture of the military's domestic security role that posts soldiers all the way down to the village level, has only been strengthened, with new regional commands created in Aceh and Maluku. Army chief of staff General Ryamizard Ryacudu recently condemned proponents of reforming this structure: "This is not the time to be talking about getting rid of or not getting rid of the territorial commands. It is irrelevant. What I would like to see are some intelligent and clear thoughts and ideas about how expansive a role should be entrusted to the territorial commands in safeguarding integrity, regional unity, and the safety of the nation now and into the future."
Rather than being prosecuted, officers implicated in human rights violations have frequently been promoted. Retired Lt. General Hendropriyono, known as the Butcher of Lampung for his role in a 1989 massacre, was named National Intelligence Chief despite his suspected role in funding the Timorese militias. Major-General Sjafrie Syamsoeddin received the key post of military spokesman despite his role as Jakarta military commander during bloody 1998 riots that ultimately brought down Soeharto. More than a thousand civilians died in the riots, and several students disappeared or were shot by snipers thought to be members of the police or military. And Major-General Mahidin Simbolon, an officer linked to the creation of the Timorese militias, was promoted to Regional Commander for Papua, where there are recent reports of militia activity.
The military has thumbed its nose at civilian control by ignoring summons by the National Human Rights Commission investigating the 1998 killings of students. Deployments and strategies in Aceh and Papua reportedly lack the civilian input required by recent laws.
East Timor Trials in Jakarta
Trials are underway of 18 military, police, government and militia leaders in Jakarta before special ad hoc human rights tribunals. But domestic and international organizations observing the process have excoriated the indictments and prosecution for ignoring the most serious and significant criminal offenses. Most charges are limited to the army's failure to intervene in a supposed civil conflict, overlooking the widely accepted role of the army in creating, arming, and directing the militia campaign of terror. The weak prosecution and unchallenged statements of defense witnesses have if anything reinforced the army's version of events in Indonesia. Many high-ranking suspects were never charged at all, ignoring documentary evidence and the recommendations of the National Human Rights Commission and other investigators. These include Generals Wiranto and Zacky Anwar Makarim. The first verdict may be handed down as early as Thursday, August 1.
Prosecutors have asked for sentences just over the minimum of ten years for the former governor, provincial police chief, and five low-ranking officers linked to the Suai massacre. There are concerns that any convictions or sentences -- however token or limited -- will be used by supporters of military aid in the US government to justify removing all remaining restrictions on US-Indonesian military cooperation.
Armed Conflict in Aceh
The government continues to address the long-running conflict in Aceh mainly through a military approach. Both the Indonesian army and the opposition Free Aceh Movement (GAM) have been responsible for serious abuses, including torture, abductions, and extrajudicial executions. The military commander for Aceh, Major-General Djali Jusuf, recently stated "Of the central government's six programs for Aceh, only the security scheme was implemented. Other matters such as economic and social development have become completely stagnant." Talks between the Free Aceh Movement and the government had made some small progress under the mediation of a Swiss organization, the Henry Dunant Centre, with the participation of retired US General Anthony Zinni, an advisor to Secretary Powell. These efforts have been undermined by an aggressive military campaign waged under the authorization of a series of Presidential Instructions beginning in 2001. President Megawati is expected to renew those instructions in August 2002, and some within the military have been pushing for greater authority enshrined in law or a declaration of martial law.
The provincial parliament has made little progress in adopting implementing regulations for the Special Autonomy Act, adopted in July 2001. Autonomy measures intended to reduce demands for independence have been largely limited to the imposition of Shariah law, which many Acehnese say they have not asked for and do not want. Decentralization of oil and gas revenues has created new opportunities for corruption at the provincial level.
In recent weeks the army has been making moves to obtain a declaration of martial law in the province. After a visit to the region security minister Yudhoyono labeled the rebel group as terrorists, which some saw as an effort to deflect criticism for a coming crackdown. But the governor and Acehnese civil society organizations have come out strongly against martial law. The Regional Commander for Aceh recently stated, "The risks of implementing martial law are too high. There will be casualties on all sides including civilians and our troops too."
However there is still support for martial law or civil emergency status, a decision that may be made in August. There are also signs that the army is increasing troop strength even without a formal designation, what some observers have called martial law by stealth. Based on its documentation of the impact of the war on civilians, Human Rights Watch believes that martial law would lead to an increase in military abuses and impunity, and so resentment towards the central government.
Legal and judicial reform
The Megawati administration has made little headway in reforming Indonesia's corrupt and ineffective legal system. The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, told the press during his July visit to Indonesia: "I didn't realize corruption was so endemic.
Practically everyone with whom I discussed the matter admitted the prevalence of corruption in the administration of justice." The same week a Jakarta-based NGO called Indonesian Corruption Watch issued a report that described a court mafia of corruption from the lowest court clerk to the Supreme Court.
Unfortunately, the government's initial response to these critiques has been highly defensive. Until this enormous problem is addressed, Indonesians -and donors and private foreign investors -- will lack confidence in the rule of law in Indonesia. This is a fundamental problem that action on a few high-profile cases will not in itself begin to repair.
Human rights defenders
Well-organized gangs attacked several Jakarta NGOs that had criticized military officials in March of 2002. In conflict areas such as Aceh and Papua, death threats and physical attacks on NGO workers are common. For example, in December 2000 three young field workers for an NGO called Rehabilitation Action for Torture Victims in Aceh (RATA) were killed. An eyewitness named four army informers as the perpetrators but they were later allowed to escape from detention.
At the same time, the National Human Rights Commission (Komnas- HAM), a semi-independent body first established by then President Soeharto in 1993, has become increasingly ineffective and marginalized after playing a credible and important role in the Soeharto period. Some crucial investigations have been half- hearted, or never followed up. The parliament recently recommended appointment of new members, but some highly qualified candidates were passed over. Even so the newly formed commission can still carry out investigations and push for prosecutions. For example, the commission last year conducted a preliminary inquiry into the massacre of 31 people at a plantation, Bumi Flora, in East Aceh on August 9, 2001. As of late July 2002 a long-awaited follow-up investigation was underway but had reportedly run into problems due to lack of security. This investigation should be carried out in a comprehensive and transparent manner with results swiftly made public and acted upon with prosecution of those responsible.
Human Rights Watch - July 31, 2002
New York -- US Secretary of State Colin Powell should urge Indonesia to demonstrate effective civilian control of the military and take action to hold senior military officers accountable for human rights abuses, Human Rights Watch said in a backgrounder released today.
Secretary Powell will make his first official visit to Indonesia on August 2, where he will meet with President Megawati Sukarnoputri and Cabinet officials, including Security Minister Bambang Yudhoyono.
"Powell should make clear that the US support for the Indonesian military will be strictly conditioned on human rights progress," said Mike Jendrzejczyk, Washington director for Human Rights Watch's Asia Division. "Removing restrictions on cooperation with the Indonesian armed forces will undercut those working for reform. If Secretary Powell goes ahead, the United States will strengthen the military at the expense of civilian institutions, and send the wrong signal to Indonesia's leaders."
Some supporters of increasing US-Indonesian military ties claim that it will encourage reform and respect for human rights. But decades of US support for the Soeharto-era armed forces had no such effect, Human Rights Watch said, and it is unlikely that any amount of foreign military training or exposure to democratic institutions abroad will change the military's behavior in the absence of effective civilian control and accountability for serious abuses.
"Some argue that Indonesia's cooperation in the war on terror means the United States must support the Indonesian military, no matter what," said Jendrzejczyk. "But until the Indonesian armed forces demonstrate commitment to accountability and civilian control, they will be an unreliable partner in fighting terrorism."
There are widespread allegations that elements of the Indonesian armed forces helped create and train radical Indonesian Muslim organizations.
The army has certainly done very little to rein them in. For example, the Indonesian military allowed the most prominent such group, Laskar Jihad, to operate freely in conflict areas such as Central Sulawesi and the Malukus.
There are credible and widespread reports of biased interventions by army units and leakage of military weapons from security forces in the provinces of Maluku and North Maluku that have helped fuel communal violence.
Human Rights Watch also urged Secretary Powell to demonstrate his support for civilian institutions by meeting with leading human rights non-governmental organizations (NGOs), and with members of the Indonesian National Human Rights Commission (Komnas-Ham).
"Powell should indicate strong US support for the rebuilding of civilian institutions," said Jendrzejczyk. "That could include the Indonesian police, which have been separated from the military since April 1999."
During last September's visit to Washington by President Megawati Sukarnoputri, the Bush Administration lifted an embargo on sales of non-lethal commercial arms to Indonesia and resumed a high- level defense dialogue, as well as various bilateral and multilateral exchanges involving Indonesian military officers. However, under the Leahy amendment in the FY 2002 foreign aid bill, certain human rights conditions must be met before the administration can provide International Military Education and Training (IMET) to Indonesia or sell US-funded arms and arms supplies. The new FY 2003 bill is currently under consideration in Congress.
The Senate Appropriations Committee removed any restrictions on IMET, but the legislation maintains human rights conditions on US government-funded arms transfers as well as lethal commercial weapons and supplies. Senate floor action is expected in September. The House has not yet acted on the bill.
Anti-terrorism legislation passed by both houses of Congress on July 25, 2002 (supplemental 2002 foreign appropriations bill) provides $16 million to the Indonesian police, including $12 million to establish an anti-terrorism unit in the police.
The former US ambassador to Indonesia, Robert Gelbard, wrote on July 18, 2002 to Senator Patrick Leahy, chair of the foreign operations subcommittee of the Senate Appropriations Committee, supporting conditions on IMET and other US security assistance programs. He wrote: "The establishment of democracy in Indonesia is an historic event, but the military have largely avoided beginning the process of demonstrating that they are prepared to be active participants in that new democratic system. Military reform has essentially not yet begun -- with no signs that it will, accountability has largely been evaded and impunity continues."