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Indonesia News Digest No 38 - September 22-October 5, 2003

Aceh

West Papua Democratic struggle Labour issues 'War on terrorism' Government & politics 2004 elections Corruption/collusion/nepotism Media/press freedom Regional/communal conflicts Local & community issues Human rights/law Reconciliation & justice Focus on Jakarta News & issues Environment Health & education Bali/tourism Islam/religion Armed forces/police International relations Economy & investment Opinion & analysis History

 Aceh

Government to take action against corruptors in Aceh

Jakarta Post - October 3, 2003

Muninggar Sri Saraswati, Jakarta -- The government pledged on Thursday to take stern measures against officials who misused humanitarian aid allocated by the state for Aceh but said the amount of losses was relatively small.

"We will bring the alleged corruptors to court, although we have not found that the amount of the misused fund was significant," Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono told reporters after a meeting at his office.

The meeting was also attended by National Police chief Gen. Da'i Bachtiar and martial law administrator in Aceh Maj. Gen. Endang Suwarya.

Suwarya said the irregularities occurred in several districts in Aceh that should each have received Rp 2.5 million (US$294) in humanitarian aid, but only received Rp 1.5 million. Some of the districts did not receive any part of the aid.

"If the state funds do not reach the needy, we will not make any more disbursements," he said. Suwarya did not provide details as to who was being held responsible for the misused money.

On an entirely separate issue, Aceh Police Spokesman Sr. Comr. Sayed Hoesainy said police had completed the investigation into Speaker of the Singkil regental legislature, identified only as U.A., for allegedly swindling Rp 20 million from the state humanitarian aid and social rehabilitation fund.

"We have completed the investigation and will soon submit the dossier to the prosecutors' office," Sayed told reporters on Thursday.

He said the suspect would be charged with Article 415 of the Criminal Code on abuse of power, which carries a maximum sentence of seven years. He said the suspect was involved in the disbursement of state funds to help flood victims last year.

"I wonder how he could have been involved in the disbursement of funds for flood victims," he said as quoted by Antara. He added that police had not found any other government officials involved in the case.

Non-governmental organization (NGO) the Solidarity for Anti- Corruption Society (SAMAK) earlier reported 392 corruption cases that remained untouched since last year, causing billions of rupiah in state losses. SAMAK chairman Kamal Farza said the high number of corruption cases ranked Aceh as the most corrupt province in the country.

Kamal said the alleged corruption occurred in the disbursement of Rp 103 billion in humanitarian aid and the social rehabilitation fund for flood victims administered by the Aceh provincial government. The NGO also questioned the use of the Rp 43.7 billion donated by state oil company Pertamina and the alleged mark-up in the purchase of a Rp 8.6 billion cargo boat for Weh island.

Corruption was also suspected in a humanitarian project worth Rp 1 billion in Simeulue regency, in the use of Rp 3.5 billion in Pasie Raja district in South Aceh regency, in the use of Rp 2.9 billion donated by the World Bank to the regency, and in the Rp 1 billion airport repairs in Central Aceh.

The NGO said renovations on the official residence of the Aceh provincial legislature speaker, which was recorded at Rp 800 million, and dozens of other projects in the province had been marked up.

SAMAK declared the corruption had become worse since Aceh Governor Abdullah Puteh began directly appointing companies to carry out the projects, instead of offering open tenders.

Soldiers told, again, to uphold human rights to mend image

Jakarta Post - October 3, 2003

Tiarma Siboro, Surabaya -- Indonesian Military (TNI) Commander Gen. Endriartono Sutarto called on soldiers on Thursday to uphold discipline as the armed forces were taking measures to restore their battered image.

Speaking at a press conference at the Navy's western fleet headquarters in Surabaya, Endriartono said the main job of soldiers was to protect people and defend the country.

"I believe that to die on a battlefield is something soldiers are proud of, but I am also convinced that being loved by people is also a pride for soldiers," Endriartono told a press conference prior to the TNI's 58th anniversary on October 5.

He blamed the lack of discipline for the loss of lives during the military operation in Aceh, which has been running for more than four months. "I'm sorry that we have to lose many soldiers as we are fighting for national integrity," Endriartono said. He was referring to the 35 soldiers who have died during the ongoing military offensive against Free Aceh Movement (GAM) rebels.

At least 304 civilian have been killed, while hundreds of others have been injured since Jakarta imposed martial law in Aceh on May 19, to allow for the military operation in the rebellious natural resources-rich province. The number of victims has only added to thousands of civilian casualties in the prolonged war between government troops and the armed rebels, who have been fighting for independence since 1976.

Endriartono said now that Indonesia was facing security disturbances ranging from communal conflicts, threats of terrorism to secessionist movements, all parts of the country needed to work together to cope with the security problems.

He admitted the military could not avoid making mistakes and violating discipline. He said it was people who suffered the most from the violations.

"We realize that our mistakes have placed us in a complicated situation, therefore we wish to mend it," Endriartono said. "The TNI's dedication to this country should not be limited and we expect that the 2004 general elections will serve as a good momentum for us to do so," Endriartono said, asserting the military would keep itself out of political practices and maintain impartiality.

During the New Order regime, the TNI, which at the time was called ABRI, was the backbone of the iron-fisted regime and was officially involved in the country's social and political issues. The ABRI leaders even declared themselves as the undivided-part of the New Order's ruling party, Golkar. Under former president Soeharto's regime, the military's omnipresence in the politics also hampered democracy and people's freedom, a situation that eventually broke into the mass movements that forced the downfall of the regime in 1998.

Unlike the past celebrations, the current anniversary celebrations will take place at the Eastern Fleet Headquarters, with more than 8,000 troops involved. The Air Force's four newest jetfighters, the Russian-made Sukhoi SU-30 MKs and SU-27 SKs, will also feature, along with the American-made F-16s and British-made Hawks.

Other Russian aircraft belonging to the Army, the MI-35 and MI-35 helicopters, will also take part in the display, while the Navy's newest South Korean-made vessel will also be paraded along with the Navy armada, including two submarines formerly belonging to Germany, which have undergone renovation.

Anti-rebel war sparks humanitarian crisis, rights group says

Agence France Presse - October 3, 2003

Indonesia's military campaign to crush separatist rebels in Aceh province, now in its fifth month, has created a humanitarian crisis, a human rights group said in a report.

The Commission for Involuntary Disappearances and Victims of Violence in Aceh (Kontras-Aceh) said Thursday restrictions imposed by the military on Acehnese have caused a collapse in the people's economy.

"There are not any significant results that have been achieved since the martial law began, except a humanitarian crisis," Kontras-Aceh's campaign coordinator Teuku Samsul Bahri said in the report.

The government put Aceh under martial law on May 19 and launched a military operation involving 40,000 troops and police to wipe out the Free Aceh Movement (GAM), after peace talks collapsed.

Residents in Lokop in the mountains of East Aceh district have suffered greatly from malnutrition because the military has restricted the entry of essential food to the region, the report said.

"After three months of military emergency, the condition of the people of Lokop is a cause for great concern." The military allows shopkeepers and traders to carry only three sacks of rice and one sack of sugar per day, Bahri said, and families may only buy one litre of rice and 500 grams of sugar daily. Those who break the rules would be accused of being GAM rebels, the report said.

The prices of basic needs such as kerosene for cooking and sugar have skyrocketed and it is very hard for people to work their fields or rice-paddies, the report said. "Crops such as rice, cocoa and coffee are left to rot because of the difficulty of transporting them anywhere," Kontras-Aceh said.

The group also said that the military had forced farmers to sell their rice to middlemen whom it appointed to prevent the commodities from being sold to rebels. Fishermen have been allowed to fish for only three hours, making it hard for them to go home with a good catch, it said.

Residents at Kuala Simpang Ulim in East Aceh, who are mostly farmers, have been allowed by the military to work their land for only three hours a day, the report said. Soldiers would beat any residents who broke the rule, the report said.

The group said human rights workers have also been threatened with arrest. "Monitoring activities have come to a halt because human rights defenders, including the many activists and volunteers spread across Aceh who are working for Kontras, have gone into hiding," it said.

Military spokesman Ahmad Yani Basuki described the report as "all lies." "Do you think the TNI [armed forces] want to kill the people of Aceh? We are here to save the people from GAM's stranglehold," he told AFP. "We've heard all of this NGO nonsense. They never appreciate what we're doing in Aceh."

The military says more than 900 GAM rebels have been killed since the operation began and 66 members of the security forces have died. More than 1,800 rebels have been arrested or surrendered, it says. The military has also said that some 304 civilians have died but did not say who was responsible for the deaths.

Eleven killed in fresh violence in Aceh

Agence France Presse - October 3, 2003

Banda Aceh -- Eight separatist rebels and three civilians have been killed in Aceh province where an anti-rebel campaign is in its fifth month, the Indonesian military said Friday.

Security forces shot dead the eight Free Aceh Movement (GAM) guerillas in separate clashes in three districts in the province on Thursday, said Aceh military spokesman Ahmad Yani Basuki. One of them was a GAM operational chief for West Aceh district, Basuki said, adding soldiers captured seven rebels in separate raids the same day.

The spokesman also accused GAM of killing three civilians -- including a 20-year-old woman -- in Pidie district on Thursday and abducting three men in Aceh Besar district. No GAM officials could be immediately reached for confirmation.

 West Papua

Papua military exercise opposed

Jakarta Post - September 30, 2003

Nethy Dharma Somba, Jayapura -- Army soldiers began a four-day military exercise in Biak Numfor regency, Papua, on Monday, but it immediately sparked protests from students and a human rights group in Jayapura, the capital of the troubled province.

Dozens of students from Biak Numfor staged a rally at the Papua legislative council, urging the Indonesian Military (TNI) to stop the training exercise, which were causing anxiety.

The demonstrators, grouped in the Association of Biak Students (Himaba), argued that the military exercise, being held in the hamlet of Yomdori in West Biak subdistrict, would frighten local people.

"The presence of TNI troops in Yomdori will cause trauma among local people because West Biak was once the target of a military operation aimed at finding separatist rebels belonging to the Free Papua Organization [OPM]," protest leader Adolof Baransano said.

He said the military operation in West Biak, home to OPM leader Matias Awom and his supporters, had often led to violent abuse, such as extra-judicial killings and rapes.

"Eye witnesses of the violence in West Biak by security personnel are still alive. Therefore, the presence of TNI troops to conduct military drills will spark trauma for residents there." Adolof questioned the motives of the military to hold it in such a location, which is home to civilians. "The military training prevents local villagers from working on their farmland too." A similar protest was also lodged by the Institute for Human Rights Study and Advocacy for West Papua (Els-Ham), a respected Papuan- based non-governmental organization.

Speaking at a news conference on Monday, Els-Ham director Alosyus Renwarin said the military exercise made people in Biak Numfor quite apprehensive.

"If such anxiety grips local people, it means there is no peace there, although all elements of Papuan communities have agreed to declare Papua a peace zone," he said.

Yance Kayame, who chairs Commission A at the Papua legislative council, said the protests were too late as the Army soldiers had begun the exercise.

"The Army drills started today but you are just lodging a protest today. It makes it difficult for the council [to respond to]," he told the protesting students. "If we ask them [TNI] to discontinue the exercise, it would be not so easy for them to accept, because they have already brought equipment and logistics to the field," Yance added.

Nevertheless, he said the council would convey their protest to the Trikora military commander and monitor the military exercise so as not to victimize civilians.

Trikora Military Commander Maj. Gen. Nurdin Zainal, in charge of military affairs in Papua, said the exercise was to improve the troops' "stamina and skills" in battle. "Such an event is normal for soldiers ... There are no other motives behind it. Through the exercise, soldiers will be able to get more comfortable with their roles when they are called upon to defend the country from their enemies," Nurdin said.

He said he had spoken about the military exercise with Papua Governor Jaap Salossa, who he said had responded positively. The plan to hold the exercises had also been disseminated to local people beforehand, Nurdin claimed.

Protesters decry proposal to split Papua into 3 provinces

Associated Press - September 27, 2003

Jakarta -- Demonstrators wearing traditional Papuan tribal dress marched Saturday to protest an Indonesian government plan to divide Papua into three provinces.

More than 100 protesters chanted "Free Papua from legal and illegal military operations" at the rally in Jakarta, about 3,600 kilometers west of the province.

They accused authorities of triggering riots in Papua two months ago in which at least five people died in clashes between anti- government and pro-government supporters. "The government's plan is to destabilize Papua," said Alien, a protester who like many Indonesians uses a single name.

Indonesia's government recently passed a law to divide Papua, which borders independent Papua New Guinea, into three provinces: West Papua, Papua and Central Papua. But after the deadly riots, the central government postponed enactment of the law.

Critics say the proposed division of the province undermines legislation passed in 2000 pledging to grant greater autonomy and a larger slice of revenue to Papua, where separatists maintain a low-level insurgency against Jakarta's rule.

Indonesia took over Papua, formerly Irian Jaya, from the Dutch in 1963. Its sovereignty over the region was formalized in 1969 through a UN-sponsored vote by traditional leaders.

Papuans hold peace rite to end division clashes

Jakarta Post - September 26, 2003

Jakarta -- Supporters and opponents of the creation of Central Irian Jaya province barbecued two pigs in a traditional ceremony on Thursday in the town of Timika, Papua province, to mark a peace agreement among them.

The solemn event, held at around 4:15 p.m., was witnessed by Papua Governor Jaap Salossa, Trikora Military Commander Brig. Gen. Nurdin Zainal and Papua Police chief Insp. Gen. Budi Utomo, Antara reported from Timika, the capital of Mimika regency. Also present were Mimika Regent Klemens Tinal and the Mimika Police chief, as well as other senior local officials.

The government-brokered peace deal is aimed at ending the conflict over the establishment of Central Irian Jaya province, which erupted into violence that killed at least five people last month. Salossa was quoted as saying during the ceremony that he was happy with the peace deal between those for and against the division of Papua.

The governor, who is a staunch opponent of the split, urged the central government to support the peace agreement in order to help stop the fighting among indigenous Papuans.

Central Irian Jaya was officially proclaimed a province by local government officials on August 23 in a move sanctioned by the central government.

Despite the deadly clashes, Minister of Home Affairs Hari Sabarno has said the government will press ahead with the division of Papua into three provinces -- Papua, Central Irian Jaya and West Irian Jaya. He claimed the purpose of dividing Papua was to improve administration in the mountainous 411,000-square- kilometer territory, which has a population of more than two million.

Critics say the move is, however, a divide and rule ploy designed to stymie support for Papuan independence. Timika is home to the giant gold and copper mine operated by US firm Freeport McMoRan. Indonesia has faced a sporadic low-level armed separatist revolt, along with peaceful pressure for independence, since it took control of Papua in 1963 from the Dutch.

 Democratic struggle

20 injured in protest against water bill

Jakarta Post - September 30, 2003

Slamet Susanto & Muninggar Sri Saraswati, Yogyakarta/Jakarta -- A number of people were injured during a clash between police and about 200 protesters who staged a rally against the water resources bill in Yogyakarta on Monday.

One of the protesters was admitted to a nearby hospital with serious injuries.

The clash occurred when the demonstrators, protesting outside the city council building on Jl. Malioboro, were about to move to nearby City Hall in a bid to express their concerns over the issue to the governor and the head of the National Land Agency (BPN) in Yogyakarta.

However, 15 police officers suddenly attacked the coalition of farmers and students with their sticks and feet.

Coalition spokesman Rokhaman said the move injured some protesters. One of them, identified as Adi Putra Anril, a student from the Islamic Indonesia University (UII), was admitted to hospital with head injuries.

Another student, Jukil Adiningrat from the Yogyakarta Muhammadiyah University (UMY), was arrested for questioning by police, Rokhaman said. "There are likely more protesters suffering injuries," he told reporters.

Protest field coordinator Edi Junaidi questioned the police move to use force to disperse the protesters. "This is a peaceful action to commemorate National Farmers Day, we had already notified police about it," he said. Edi said the coalition demanded the government implement land reform that protects farmers and peasants.

Separately in Jakarta, Agriculture Minister Bungaran Saragih raised his concerns over the water resources bill, which will likely create more difficulties for farmers over access to water for their farmlands. "Water for public services and irrigation must not be commercialized," he told reporters, saying that developed countries protect water for public services.

Bungaran vowed to fight for the interests of farmers in deliberations of the bill because the wrong regulations on water would have a direct impact on farmers, food security and the success of food production in the country.

"We will fight for the farmers. Don't worry about water for farmlands," he said, repeatedly.

Bungaran feared the government would not be able to meet its targets for food production should it charge water for farmers.

The House of Representatives and the government have postponed deliberations of the bill until after the House recess in October. The bill is expected to be passed into law late this year.

Non-governmental organizations have widely opposed the bill, saying that it has a hidden agenda to commercialize water usage.

They said the deliberations were connected to the proposed last disbursement of the World Bank's US$300 million loan under the Water Resources Sector Adjustment Loan (WATSAL) mandating water reform initiatives, including a law that allows the privatization of the water sector.

Universities move to put reform back on course

Jakarta Post - September 29, 2003

Sri Wahyuni, Yogyakarta -- University communities throughout the country, particularly those in Java, have committed themselves to a nationwide "moral pressure movement" aimed at helping put the country's reform agenda back on track, says Gadjah Mada University (UGM) rector Sofian Effendi.

"We have agreed to meet by the end of this month, or the beginning of next month at the latest, to set up a national steering committee [for the movement]," he told journalists on Saturday after officially closing a three-day seminar on reform in Yogyakarta.

Sofian said the committee would comprise representatives from all the universities nationwide. The meeting is scheduled to prepare an agenda of activities that universities will partake in ahead of the 2004 general elections, based on the conclusions of the seminar, he added.

General Elections Commission receives 'death' threat

Jakarta Post - October 1, 2003

Moch. N. Kurniawan and Damar Harsanto, Jakarta -- The General Elections Commission (KPU) received on Tuesday an anonymous package containing 11 live bullets addressed to each of its members and a letter demanding that the Commission adopt certain specifications in the tender of ballot boxes for the elections next year.

It was the first time the commission received a threat since it began operating almost two years ago as an independent body.

A staff member at KPU chairman Nazaruddin Sjamsuddin's office said she received the suspicious A4-size envelope, which was delivered in person by an unidentified man at about 5:00 p.m.

"I have never seen this man before. He just handed the letter to us and disappeared," she told reporters.

"From its cover, it looks like the letter came from Bakin, and is addressed to Pak Nazaruddin and Mulyana W. Kusumah (KPU member). It is shocking, as the letter contains 11 bullets," she said.

Bakin is the former State Intelligence Coordinating Board, which was replaced by the National Intelligence Agency (BIN) in October 2000.

Three KPU employees brought the package to the Menteng Police, Central Jakarta.

The police found the second page of the letter said the KPU was to provide ballot boxes made of steel or an alloy of steel and aluminum. It also specified that the tender for the procurement of the steel ballot boxes must be awarded to local businessmen, while the tender for the procurement of the alloy ballot boxes must be given to Chinese-Indonesian businessmen.

"Don't force us to commit murder. The choice is in your hands," read the first page of the letter, written in red.

The police discovered two FN bullets the sender said were for Nazaruddin and Mulyana, and nine CIS bullets addressed to the other members of the Commission. Mulyana is in charge of the ballot box tenders.

Security at the KPU office on Jl. Imam Bonjol is apparently lax, with people entering the building freely without undergoing any identification checks.

The KPU and the National Police had signed a Memorandum of Understanding (MOU) in April that obliged the latter to guard the KPU building and its members.

Menteng Police chief Comr. Sahardiantono said more police officers would be deployed to secure the KPU building, following the anonymous threat. At present, only four officers are posted at KPU building.

Meanwhile, KPU secretary-general Safder Yusacc said the Commission would intensify the security on its premises.

"The written threat and the bullets is absolutely not the right way to criticize the KPU ... We will certainly increase the security in the building," he said, after a 10-minute meeting with KPU chairman Nazaruddin discussing the apparent death threat.

Another KPU member, Hamid Awaluddin, echoed the sentiment. "If the person who wrote this letter alleges that KPU is unfair in conducting a tender, he or she can complain in a fair manner -- not by sending us an anonymous threat," he said.

National Police deputy spokesman Sr. Comr. Zainuri Lubis said police would investigate the incident to uncover the sender, as well the motive, behind the threat.

"This cannot be categorized as terrorism, because it does not cause fear among the public. It is, simply, a threat," said Zainuri.

Commenting on the MOU between KPU and the police, Zainuri said that the agreement would be applied as a general policy to safeguard persons, activities and ballot boxes. The police operation is to be called Mantab Brata 2004.

"But, of course, we (police) cannot guarantee the safety of every person in the KPU, as well as the building. No one and nothing is immune to a possible attack. We will deploy police personnel, but still we cannot guarantee absolute safety," he said.

The KPU is organizing the legislative election, which is scheduled for April 5, 2004, and the presidential election in two rounds, on July 5 and September 20.

The seminar, which began on Thursday, recommended that universities should play a more significant role in the national reform movement, which many say has not been effective as evidenced by increased corruption, human rights abuses and other cases of extreme violence.

"We have all agreed that universities are the only institutions that have the moral authority to push for the right kinds of change," Sofian said.

He said that with a national movement, the universities would provide and disseminate proper information to voters which outline the necessary criteria for the country's next administration, so citizens would not be duped into voting for anti-reformists in next year's elections.

Sofian felt quite strongly that the universities could serve as a strong moral force to put the nation's reform movement back on course in a peaceful, constitutional manner.

The seminar, hosted by UGM to help Indonesia reformulate the goals of the reform movement and put it back on track, ended with some recommendations to resolve the various crises the country was facing.

The recommendations included the need for revisions of the amended 1945 Constitution by involving public participation, so as to be more representative and comprehensive.

The highly respected participants at the seminar also concluded that there was a need for the country to produce clean, intelligent and strong leaders capable of creating mutual trust as social capital. It was also suggested that a collective leadership would be better for crisis-ridden Indonesia under the current condition.

Djamaluddin Ancok of the UGM's School of Psychology, which chaired a session to draft the recommendations, highlighted the need to make the seminar's results an "anticipatory concept" in case the outcome of the upcoming elections failed to satisfy the nation.

"We have agreed that the electoral process should be carried out according to the Constitution. But should there be something wrong with it, we are ready to come up with a concept of collective leadership as an alternative for the country," he said.

Sofian further said that the country, home to some 212 million people, was immersed in an emergency situation, for which it is in a dire need of a proper solution to its complicated problems.

An opportunity for such a solution would be available to the citizenry in the 2004 elections, he added. However, he said that as the election was just a few months away, cooperation was most urgent among all community members to make the 2004 polls a success and elect a capable, responsible administration.

Calls for a revolution to mend the country's chaotic conditions also surfaced in the three-day seminar. But Sofian said that he personally saw the idea would be ineffective due to its unpredictable risks.

"A revolution would indeed create change quickly, but it's too unpredictable. We can have a revolution but the person who will take over power could be worse than those of the present time. We don't want such a risk," he said.

Acehnese and Papuas demonstrate in Jakarta

Detik.com - September 27, 2003

Dikhy Sasra, Jakarta -- Around 100 people from the group Solidarity for Aceh and Papua protested rejecting militarism at the offices of the United Nations, the Ministry for the Coordination of Politics and Security and the Presidential Palace.

The action, which was joined by activists from the People's Democratic Party, POPOR [People's United Opposition Party] and the Popular Youth Movement, gathered at the Hotel Indonesia roundabout in Jakarta on Saturday September 27.

Following this, the demonstrators held a long-march towards the offices of United Nations, the Ministry for the Coordination of Politics and Security and the Presidential Palace. As a consequence, there were traffic jams in parts of Jalan M.H. Thamrin and the flow of traffic was diverted to the fast lane.

In the action, the Papuans wore penis gourds while the Acehnese wore traditional Acehnese clothing. Moreover, two morning star flags [of the Papuan independence movement] were able to be hoisted although after negotiations with security forces the flags were eventually taken down.

"We ask that Mega-Hamzah [President Megawati Sukarnoputri and Vice-president Hamzah Haz] immediately revoke the military emergency in Aceh. We also reject the division of Papua [into three new provinces]", said an activist during their speech.

A number of banners and posters were displayed with the writing "Resist the Military Invasion", "Reject the Military Emergency in Aceh and Papua" and "End Military Domination in Aceh".

As well as this, the demonstrators also took up calls rejecting the US occupation in Iraq, condemning Israel's invasion of Palestine along with supporting Palestinian independence. (aan)

[Translated by James Balowski.]

 Labour issues

Maspion hits by strike over unpaid leave policy

Jakarta Post - September 30, 2003

ID Nugroho and Ainur R. Sophiaan, Surabaya -- As many as 4,000 workers of giant household equipment producer PT Maspion in the East Java town of Sidoarjo went on strike on Monday to protest a company policy on leave.

The protesters demanded that the company, which employees 6,000 people, compensate them should they not take the three-month leave recently offered to them. The Maspion management reportedly offered three months leave to employees who had worked for the company for six years as there had been a shortage of purchase orders.

The company's labor union, which is affiliated with the All- Indonesia Workers Union (SPSI), approved the proposal.

Under Article 28 (2) of the Mutual Working Agreement for the 2003-2005 period signed by the management and the labor union, those who do not take three-month leave are to receive compensation.

But the protesting workers said the management had changed its mind and was making the leave obligatory, thereby disallowing compensation.

The policy angered the workers, and workers from Unit II and III staged a sit-in inside the factory compound, located in Buduran, Sidoarjo.

"Most of the workers do not want three months leave. They instead demand that the company pay them compensation in the form of money," said M. Sadli, a labor union leader.

"In reality, the management orders us to exercise our right to leave because the company has been short of orders for the past two years," he added. Sadli said his union had several times tried to negotiate with Maspion chief executive officer Alim Markus to settle the case, but the efforts always ended in a deadlock. "That's why the workers have decided not to work." During the strike, protest leaders and representatives from the management held talks that later failed to appease the strikers.

Upon hearing that the talks were fruitless, most of the strikers went home. About 200 of them remained in the compound. Another unionist, Norman, said the workers would continue their strike on Tuesday to pressure the company to accept their demand.

The protest ended peacefully, with more than 200 police officers deployed to maintain the peace. However, the strike caused a severe traffic jam on the Surabaya-Sidoarjo highway as many of the protesting workers packed the streetside outside the factory.

Maspion Group spokesman Soeharto and other company executives could not be reached for comment about the protest. Also on Monday, around 300 street vendors staged a separate protest in the country's second largest city of Surabaya against a city bylaw that they said threatened their existence.

Rallying at the Surabaya legislative council, they demanded that the Surabaya mayoralty revoke the controversial ruling.

Under Article 2 (2) and 4 (2) of Bylaw No. 17/2003, the mayor has the authority to rid Surabaya of street vendors.

The demonstrators arrived at the council on Jl. Pemuda at 10:30 a.m. on two trucks and dozens of motorcycles.

They carried banners and posters with slogans against Surabaya Mayor Bambang DH.

"Bambang DH, don't hurt street vendors. If our existence is threatened, we will abstain from (voting) in the 2004 elections," shouted one protester.

Protest coordinator Choirul Anam said the bylaw threatened the existence of street vendors as the mayor has been authorized to determine their fate.

"How can the mayor be given the right to determine whether street vendors should remain in existence or not? Becoming street vendors was our way of surviving during the monetary crisis. Now we are treated as they [the local administration] want," he said.

Representatives of the protesters were received by members of the council's Commission B for talks.

 'War on terrorism'

Al-Qaeda 'funded Marriott attack'

Associated Press - September 29, 2003

Jakarta -- Money sent by Al-Qaeda to support the families of suspects arrested over the Bali bombings was used to finance the August 5 attack on the JW Marriott Hotel in Jakarta, Indonesian terror suspect Hambali has told investigators.

He also said that Jemaah Islamiah, the group blamed for the Bali bombings that killed 202 people and the attack on the Marriott, had received "operational funds" from senior Al-Qaeda leader Khalid Sheikh Mohammed.

The revelations were carried in yesterday's respected Media Indonesia newspaper but police were not immediately available for comment on the report -- the strongest indication yet of financial links between Al-Qaeda and JI.

Hambali, whose real name is Riduan Isamuddin, was captured on August 11 in Thailand and handed over to US authorities. He is alleged to be Al-Qaeda's top agent in South-east Asia and the operational commander of Jemaah Islamiah.

Paraphrasing interrogation records handed over to Indonesian police by US and Thai investigators, Media Indonesia reported that Hambali had said Al-Qaeda was "very satisfied" with the Bali attacks.

He is also reported as saying the terror group had sent him US$100,000 (S$173,000) in two instalments to support the families of more than 30 people arrested in connection with the blasts.

Hambali told investigators he had sent the money to Malaysian terror suspect Noordin Mohamed Top for this purpose but it had been used to finance the Marriott attack instead, the paper said.

Khalid Sheikh Mohammed was arrested in Pakistan in March. The report did not say what the funds he allegedly sent to Jemaah Islamiah were used for, nor how much the group had received.

Police have arrested at least 12 suspected JI operatives over the JW Marriott attack, in which at least 12 people were killed. Two militants have been sentenced to death for their role in the Bali blast. Key suspects are still at large and police and foreign governments have warned that more attacks on Western targets are likely.

Two more militants jailed for Bali bombing

Reuters - September 29, 2003

Bali -- An Indonesian court on the resort island of Bali sentenced two men on Monday to 12 and 15 years in jail for their part in last year's nightclub bombings that killed 202 people, most of them young Western tourists.

The verdicts at the Denpasar court brought to 15 the number of people sentenced over the blasts. Two of the main plotters have been sentenced to death by firing squad, while another was given a life term after showing remorse. Prosecutors are demanding death for a fourth key defendant, and that verdict is due on Thursday.

Presiding judge I.B. Jagra said on Monday defendant Hernianto had helped with the October 12 bombings by providing his house in July last year for a planning meeting. "The court sentences the defendant Hernianto to 12 years in jail," he said. Prosecutors had demanded a 20 year term. In a separate trial at the court, Maskur bin Abdul Kadir was sentenced to 15 years in jail.

Presiding Judge Gde Damendra said Maskur had helped the Bali bombers find a boarding house, buy a car and survey the targets. Prosecutors had demanded a 15 year jail term.

Indonesia, seeking to crack down on militant Muslims, has won international praise for the Bali bombing investigation and trials that have resulted in tough sentences.

The Bali bombings have been blamed on a Southeast Asian radical group known as Jemaah Islamiah that is seen by many security experts as the regional arm of Osama bin Laden's al Qaeda network.

Police release four suspects reportedly linked to terrorism

Jakarta Post - September 27, 2003

Damar Harsanto, Jakarta -- Police released on Friday another four people reportedly linked to terrorist activities, deeming their accounts during interrogation thus far sufficient.

Previously the police released four of 17 suspects arrested between August and September for their alleged involvement in plans to launch terror attacks in the capital. Their status, however, remains unchanged.

Those released on Friday were Suradi, alias Abu Utsman, alias Abu Zaid; Ikhsan Miarso; Bambang Tutuko alias Abu Umar; and Samian, alias Zaid, alias Abdullah. The four released previously were Wagino, Sunarno, Muhaimin Yahya and Solihin, alias Soleh.

"Their [release] papers were signed this morning," National Police spokesman Insp. Gen. Basyir Barmawi said at National Police Headquarters.

Suradi was picked up for questioning by the police on September 8 in the Central Java city of Surakarta and officially detained on September 14. Ikhsan was picked up on September 8 in the neighboring Surakarta town of Sukoharjo and detained since September 14. Police believe that Suradi and Ikhsan had harbored Bali bombing suspects.

Bambang was picked up on September 14. while Samian was picked up on August 17 and officially detained on August 24.

Police say that investigators have obtained the necessary statements from the suspects and were therefore releasing them. Police arrested the 17 people for alleged involvement in plans to perpetrate bombings in the capital. A top police detective said that among the bomb targets were the National Police and Jakarta Police headquarters.

The suspects were arrested in separate places in Jakarta, Lampung, Semarang, Surakarta and Karanganyar. The last three were arrested in Central Java. Police also seized from some of them more than 1,000 rounds of ammunition and dozens of kilograms of explosives.

The arrests, however, have increased public concern, mostly on the part of Islamic organizations and human rights activists who have questioned the procedure of the arrests. They claim the arrests were against the suspects' basis rights as the police failed to immediately inform their families of the arrests. They also claim that many of the arrests were made without sufficient evidence.

Meanwhile, National Police deputy spokesman Sr. Comr. Zainuri Lubis said the police may not charge the first four suspects released unless investigators could prove their involvement in the planning of terror attacks. "The first four terror suspects released earlier may become witnesses if police find no clear proof of involvement," Zainuri said.

Zainuri said the police were not worried about the possibility of the suspects escaping or becoming involved in criminal activities because their identities were clear. "They have clear and valid identities, homes, families and occupations, which will ensure that they don't repeat their alleged wrongdoings," said Zainuri.

Experts say JI terror threat undiminished despite arrests

Radio Australia - September 25, 2003

Security experts say the regional terrorist group, Jemaah Islamiah still poses a significant threat, despite the arrest of around 200 men suspected of having links to the organisation. Experts say the group's history, rigorous training, strong family bonds, and the belief amongst Indonesian leaders that Jemaah Islamiah doesn't really present a coherent threat, are all working in JI's favour.

Presenter/Interviewer: Tricia Fitzgerald Speakers: Doctor Greg Fealy, Australian National University; Sidney Jones, International Crisis Group, Indonesia.

Fitzgerald: Indonesian authorities have been on alert since last year's Bali bombing, but analysts say the crackdown probably won't be enough to curb JI's activities. But why is the group proving so resilient?

Experts gathered in Melbourne this week for Monash University's Annual Indonesian Lecture Series, said the group's strength lies partly in its deep roots in Indonesian history.

Although JI only sprung to international prominence last year, Doctor Greg Fealy of the Australian National University, says JI is linked to and partly inspired by Indonesia's militant Islamic group Darul Islam which led a series of rebellions in the 1940's, 50's and 60's.

Fealy: The impact of Darul Islam was on a vastly greater scale than anything perpetrated in the post-Suharto era, indeed anything since, the number of people directly affected by this. There is quite a bit of evidence that somewhere between 15 and 20-thousand people died, many thousands more were injured and kidnapped. Over one-and-a-half-million people were evacuees or refugees as a result of the rebellion. Probably around about half a million houses and buildings were destroyed, there was also extensive destruction of the infrastructure, and there was immense suffering too. Villagers were terrorised by both Darul Islam fighters and also TNI soldiers.

Fitzgerald: Doctor Fealy says Islamic extremism isn't new in Indonesia, like JI, Darul Islam was fighting for an Islamic state in Indonesia, and called on its followers to kill and wage war against those it believed stood in its way.

Fealy: Violent Islamic extremism goes back at least 50 years in Indonesia, and the ideology, which accompanies that, is also nothing new in Indonesia. It's been present consistently from the 1940s, it has been suppressed with various degrees of success by the state pretty much from the early 1960s right through the late 1980s.

Fitzgerald: The crackdown on Darul Islam followers in the 1980's by former President Suharto meant many radical Indonesian Muslims were looking for an escape at that time. This coincided with a recruitment drive by Islamic leaders in Afghanistan who were battling Russian troops.

Sidney Jones, the South East Asian director of the International Crisis Group, says with Saudi Arabian funds, hundreds of Indonesians went to Afghanistan where they received expert training in how to wage terrorist warfare.

Jones: So you had the push factor from the Suharto government and the pull factor from the Afghanistan developments and you began to have Indonesians on a systematic basis going to Afghanistan to train. From Abdullah Sungkar's perspective, and he was working very closely with Abu Bakar Bashir at this stage, the main motivation was to increase the military capacity of Darul Islam so they could better fight against the Suharto government to establish an Islamic state. But once these people got to Afghanistan there began to be a much more global perspective on the world at large.

Fitzgerald: It was at this time that Indonesian fighters in Afghanistan forged ties with the international terrorist group Al Qaeda and with radical Muslims from Thailand, Malaysia, the Philippines, Cambodia and Pakistan.

The Indonesian fighters also went to the Philippines for training, and fought for the Islamic cause in Bosnia, Kashmir and Chechnya.

Once they returned to their home ground Sidney Jones says JI's involvement in the running of Islamic boarding schools and political support ensured their survival.

Jones: Many of the Afghan and Mindanao Alumni returned to Indonesia to become instructors in Indonesian Muslim boarding schools called Pesantrens, and they're not all that many that they are involved in, but there is a serious group of a small number of Pesantrens that are propagating a radical Jihadist ideology. And one of the questions is, is there anything that the Indonesian government can do about these without tainting the overall Muslim education system more generally. And secondly, the question is even with the fact that serious JI activity has been going on for two years by the time of the Bali bombs, it took the Bali bombs to wake up the Indonesian government, but even today you have less than half the Indonesian population willing to believe that Jemaah Islamiah exists.

Fitzgerald: Greg Fealy says the relucance to crack down on Islamic groups has deep roots in Indonesian history.

Fealy: It's this ambivalence they have, you saw it with Darul Islam in the 1950s and 60s where governments they had a strong Islamic element were very wary of taking it on militarily, cracking down on it. Most particularly Mashumi, but even with the Nahdlatul Ulama, supposedly the most moderate of parties, they had all sorts of revolts at the local level when they tried to push through motions endorsing military action against Darul Islam. There's an ambivalence then saying that these Darul Islam people are Muslims, they might be misled, their Islam is not our Islam but they are Muslims, and in Indonesia we should not be killing our co-religionists. And the same kind of ambivalence you find today to Abu Bakar Bashir, and this very simplistic attitude that you get from our governments and from lots of commentators about radical Islam and moderate Islam that grossly over- simplifies it. That person can be moderate in certain fields, but they can be very sympathetic to Bashir and to some of the things that JI might be trying to do in other ways.

Fitzgerald: The international Crisis Group says another hidden support for JI, is the network of wives, mothers and sisters who Sidney Jones says carry the flame for the group, especially when their men folk are under arrest.

Jones: The women play an extraordinarily important role in Jemaah Islamiah but not as fighters. As far as I know there isn't a single instance of Jemaah Islamiah for example using a woman to deliver a bomb or getting actively involved in that way. But first of all this organisation hangs together in large part because of the women, and there's been this extraordinary pattern of inter-marriage within Jemaah Islamiah where there is a deliberate effort to try and strengthen bonds within the organisation by selecting wives that have the Darul Islam lineage or who have other key characteristics that will somehow not only solidify the network but also make it more secure. And the security leads into another role for the women because particularly within these organisations the women are clearly privy to a lot of information that gets shared, and they appear to play something of a courier role among different parts of the organisation, and this is particularly true after their husbands or brothers or whoever are arrested. And if this organisation survives the crackdown that it's undergoing now it may be in large part because the women who are not suspected can keep communication going among different cells.

Fitzgerald: Despite Indonesia's history of cracking down on its religious extremists, in the '50's and '60's, the International Crisis Group believes Indonesia isn't in a position to repeat those tactics now.

Jones: Indonesia is hampered in some ways by the fact that the last thing it wants to do is to bring back the military into a position of power or to bring back clampdowns on freedom of association and freedom of expression, and even people who are in the current Megawati government, which is sort of rolling back democratic reforms right and left, that government is still committed at some level to protecting some of those freedoms. They don't want to go back to the Suharto era. What you can get away with in Singapore is something that you can't get away with in Indonesia or the Philippines for that matter, and however much some members of the Indonesian military would like to have an Internal Security Act, it's not going to happen in Indonesia.

Fitzgerald: Sidney Jones believes however there are some signs that JI might start to fracture from within. She says there have been unconfirmed reports from the secretive organisation that there are increasing internal divisions.

Jakarta rapped over weak JI stance

Melbourne Age - September 27, 2003

Mark Forbes, Canberra -- Despite the Bali and Marriott Hotel bombings and rising anti-Western sentiment in the world's most populous Muslim nation, Indonesian leaders are still not prepared to tackle Islamic terrorism, according to Indonesia experts.

No senior Government figure was prepared to make the case against Jemaah Islamiah to an Indonesian audience, the director of the International Crisis Group, Sidney Jones, told the 2003 Indonesia Update at the Australian National University yesterday.

Dr Jones also said elements of the Indonesian military wanted police anti-terrorism efforts to fail and that senior JI figures were closely connected to the Indonesian establishment.

Her criticisms were supported by senior ANU research fellow Greg Fealy, who said a large proportion of Indonesians believed the CIA was behind JI.

The uncovering of a deeply embedded terrorist organisation inside Indonesia had failed to galvanise the nation's leaders into action, Dr Jones said. Although Security Minister Bambang Yudhoyono delivered a speech in Washington last week outlining the danger posed by JI, "he hasn't made that speech in Indonesia and neither has any other government official".

"For much of the year the case against JI has been made by non- Muslims in Indonesia, particularly the [Bali] police team or by foreign media or foreign governments and international organisations, and that's been a serious problem," she said.

Even some moderate Muslims were denying JI existed as a terrorist organisation, Dr Jones said. "The fact remains that neither the police, nor anyone else in government today, has made any effort to sit down with Muslim leaders and share with them the evidence that they have seized from various JI houses." The US-led war on Iraq had created negative perceptions across the board, and a belief the war on terror was a war on Islam. "Anti-Western sentiment and in particular anti-American sentiment is on the rise and probably deeper than it's been in any of the 25 years I've been covering Indonesia," she said.

Moderate Muslim leaders did not want to take a stance against JI that could be perceived as wounding Islam, Dr Jones said. "To get from JI to the Muslim establishment in Indonesia doesn't take six degrees of separation -- it takes two." Dr Fealy said the Bali bombing investigation team had encountered scepticism that the attack was planned by the CIA, but the recent Marriott Hotel bombing in Jakarta had seen a surprising change in the public debate.

JI splinter group 'carried out attacks'

Straits Times - September 27, 2003

Robert Go, Jakarta -- Several Jemaah Islamiah members detained by Indonesian police said an extremist splinter faction of the group is responsible for conducting terror attacks in the country.

Malaysian Nasir Abbas said yesterday during a broadcast by El Shinta radio station that JI has broken up into at least three distinct parts.

"The third group is extremely radical. I suspect that this radical group is behind the terror and bombings in many places," said the detainee who claimed to be the chief of JI overseeing the Malaysian state of Sabah, Indonesia's Kalimantan and Sulawesi and the southern Philippines.

Nasir, also known as Chairudin, is a brother-in-law of Bali defendant Ali Gufron, who is due to be sentenced next month for his role in bomb attacks that killed more than 200 on the island last year. Other detainees, including Mohamed Rais who was arrested by police in May, have also spoken of serious dissent within JI.

Rais, whom police said helped to plan July's attack against the JW Marriott Hotel in Jakarta and recruited suicide bomber Asmar Latin Sani who died in the attack, also claimed only the third, ultra-radical JI splinter is planning and executing terror attacks.

The other two factions included one that sticks to JI's original goal of establishing Islamic states in the region through peaceful means, and a more hardline group that supports attacks but wants selective targeting of victims.

Analysts including Ms Sidney Jones, the International Crisis Group's project director in Jakarta, have suggested that the JI has shown internal rifts.

Several JI cadres may feel attacks such as the one at the Marriott kill Indonesians and Muslims, not foreigners. Traditionalists also fear that this kind of extreme militancy may hamper the process of spreading Islamic teachings into the larger society. JI remains dangerous, analysts said, with more radical members possibly out of control and planning more attacks.

The good news is: Internal rifts have caused other radical groups to implode, and JI may too.

Ms Jones suggested in the ICG's latest briefing paper that the Marriott blast has intensified the debate within JI. "Some JI members based in pesantrens have expressed concern that their ability to play the traditional outreach role in the local community is hampered by JI's clandestine nature," the report said.

An Indonesian security source agreed: "As we find out more about JI, we realise it is not a top-down organisation. There is some hope division points within that group itself can help us catch the players and minimise the group's danger." The police are now said to be pressing those who claim to belong to moderate factions of JI to help nab their more militant associates.

Analysts speculated the recent arrests of 15 religious activists by Indonesian police, which brought some protests from Muslim and human rights groups, could be a part of that strategy.

Meanwhile, reports from Karachi said that an Indonesian student arrested in Pakistan has admitted helping his brother Hambali, a militant accused of being Al-Qaeda's regional contact.

Gun Gun Rusman Gunawan admitted to an Indonesian consulate official that he sent Hambali money, the state-run news agency Antara reported. But Gunawan said the five other Indonesian students arrested were innocent.

 Government & politics

Indonesians miss Suharto rule

Straits Times - October 1, 2003

Jakarta -- A majority of Indonesians, fed up with what they see as ineffective government, prefer the autocracy of former President Suharto to the democratic rule of current leader Megawati Sukarnoputri, a survey showed.

The nationwide survey of 1,976 people by the private Indonesian Survey Institute showed respondents were disappointed with how the country was being run during the country's messy transition to democracy.

Suharto ruled with an iron fist for 32 years until his downfall in 1998 amid chaos. He presided over rapid economic growth but human rights abuses and corruption flourished.

Critics also say his willingness to crush dissent and conflict in the multi-ethnic country produced only a superficial sense of calm and allowed tensions to fester.

When asked if the current system of government or Suharto's time in office, known as the New Order, was better, 56.4 per cent of respondents chose the former army general, according to the survey, obtained by Reuters yesterday. Only 25.9 per cent voted for the current system.

"This data is really startling. Reforms have only been going on for several years. But disappointment at the results of reforms have made the majority of respondents nostalgic for the New Order," the institute said. The survey was conducted in August.

Suharto's fall from power prompted hopes of democratic reforms, an end to corruption and human rights abuses and also a quick recovery from the Asian financial crisis that had helped trigger his downfall. But Indonesia has struggled to regain its footing.

When asked what was the biggest problem facing Indonesia, 65.4 per cent of respondents said the economy. Only 7.6 per cent believed security was the biggest problem.

Indonesians will elect their president directly for the first time next year. While Ms Megawati is the strongest candidate, 29 per cent of respondents said Golkar, Suharto's former political vehicle and now the second biggest in Parliament, was best equipped to solve the country's woes compared to 19 per cent for her party.

Another poll highlights discontent with President

Jakarta Post - October 1, 2003

A'an Suryana, Jakarta -- Another survey has found that the public are disappointed with the performance of President Megawati Soekarnoputri's administration, with poor law enforcement the utmost cause of discontent.

Despite her administration's poor performance that could jeopardize her reelection bid next year, a significant number of respondents in the survey by the Center for the Study of Development and Democracy (CESDA) believed that Megawati would remain one of strongest presidential candidates.

The survey was conducted through telephone interviews with 1,250 respondents in 10 cities nationwide from September 11 to September 13. Judging that the respondents were the owners of the fixed-telephone lines in their respective houses, the respondents were generally grouped into the "middle class." According to the survey, most of the respondents said Megawati's administration was not serious in dealing with corruption and the enforcement of law. The survey found that only 7 percents of respondents were satisfied with the efforts of her administration in prosecuting corrupt state officials and businessmen.

Public discontent also existed in the economic field. For example, only 11 percent of the respondents were satisfied with the way her administration had dealt with unemployment. Unemployment has been a main concern in the country, as there were 40 million people unemployed last year.

Another source of public discontent was the way the government dealt with terrorism. Only 26 percent of the respondents said they were satisfied with efforts to combat terrorism. The remaining 84 percent expressed concern that the government had failed to deal with terrorism, considering that terrorist attacks in the country went unabated.

According to the survey, the Megawati administration won public trust in only two subjects -- the Aceh problem and press freedom.

On Aceh, 39 percent of respondents were satisfied with the way her administration had handled separatism in the troubled province. The success was attributed to the low record of human rights violations there, although the military operation in the province had been going on for over four months.

Besides Aceh, the respondents also praised the Megawati administration for giving enough room to press freedom. Some 60 percent of the respondents expressed satisfaction over the running of press freedom in the country.

According to the survey, the poor performance of her administration would inflict losses on her presidential candidacy next year, but the damage would not be fatal.

The survey showed that support for her presidential candidacy remained strong despite her poor performance. Some 48 percent of the respondents stated that Megawati was qualified to run for president next year.

The survey also showed that Megawati topped the list of favorite presidential hopefuls, only after Susilo Bambang Yudhoyono. Susilo topped the list with 14 percent, followed by Megawati 9 percent, Amien Rais 8 percent, Nurcholish Madjid 5 percent and Yusril Ihza Mahendra 4 percent.

PDI-P rival camps trade lawsuits

Jakarta Post - September 27, 2003

Apriadi Gunawan, Medan -- Two conflicting camps at the municipal branch of the Indonesian Democratic Party of Struggle (PDI Perjuangan) in the North Sumatra capital of Medan, filed lawsuits on Friday against each other, following a rampage that seriously injured seven people.

Doni Arsal Gultom, who was elected at a party congress on April 12 to head the Medan branch, filed a lawsuit against Megawati Soekarnoputri in her capacity as PDI chairwoman for her rejection of his appointment.

Meanwhile, Usaha Ginting, who was newly elected for the same position during a special congress on September 22, sued Doni and his supporters for storming the Medan branch office on Thursday.

The party's executive board has annulled the first congress' electoral result and accepted the second congress', for unspecified reasons.

Angered by the executive board's decision, thousands of Doni's supporters stormed the party's office on Jl. Menteng Raya here and clashed with 85 supporters of Usaha.

The protesters, many armed with knives, machetes, sickles and other sharp weapons, arrived around 11:30 a.m and tried to take over the building.

The situation was brought under control after the police deployed hundreds of antiriot officers to the location. Those injured in the violence are reportedly still undergoing intensive medical treatment at a hospital in the city.

Doni said he brought the case to court because the party leadership "annulled the [first] congress' result ... and this annulment means that the party leadership has ignored the people's political aspirations".

"We demand Megawati or the party leadership to return the Rp 5 billion [US$588,235] that was used to finance the first congress," he told The Jakarta Post.

Jumono, a member of the legal team representing Doni, said his client had also sued several members of the party's executive board, including Roy BB Janis and PDI Perjuangan North Sumatra Chairman Rudolf Pardede in the same case. "We regret the party's rejection of the first congress' results, because the congress was held upon the approval of the executive board," he said.

This is the first occasion the party has involved a court of law to resolve an internal rift, which is usually solved within the party. The executive board has the highest authority in PDI Perjuangan to solve internal disputes.

Japorman Saragih, deputy chairman of the North Sumatra provincial chapter, hailed Doni's decision to resolve the issue through legal recourse, instead of violence.

However, Japorman, who accepted Usaha's appointment to the Medan branch, said his camp had also filed a lawsuit against Doni.

"He [Doni] and his supporters involved in the attack should be held legally responsible for exerting violence in solving the internal rift," he said.

Local police said they were interrogating 14 people allegedly involved in the attack, but no suspects had been arrested yet.

Chief detective of Medan Police Sr. Comr. Maruli Siahaan said they were still searching for those who ransacked the party's building, while ballistics testing was being carried out on a bullet shell which was fired during the attack.

Lawmakers blamed for poor performance

Jakarta Post - September 27, 2003

Kurniawan Hari, Jakarta -- House of Representatives (DPR) Speaker Akbar Tandjung blamed fellow lawmakers on Friday for the legislative body's failure to finish the deliberation of various bills on time.

Akbar said the lawmakers' full attendance was necessary to help speed up the deliberation of the bills.

"Many meetings were delayed because they [the legislators] did not meet the quorum. This adversely affected the House's ability to fight for the people's interests," he said during the plenary meeting that marked the closing of the House session.

The House will now go into recess until October 24. Legislators generally take this time to meet their constituents, but they have recently been using it to deliberate outstanding bills.

Of the 30 bills deliberated in the session from August 15 to September 26, the House was only able to finish two bills, excluding the state budget revision. The bill on money laundering was endorsed on September 16, while the geothermal bill was passed on September 23.

Akbar said the endorsement of the money laundering bill had been top priority, as it was to help the country's antiterrorism efforts.

It was not the first time the House failed to meet its target. In the previous session from April to July, the legislators only managed to complete deliberating five of 41 bills. During the January-March session, the lawmakers finished three bills, plus bills on the establishment of 23 regencies and two municipalities, falling short of their target of 53 bills.

Some legislators suggested that the House deliberate the unfinished bills in the evening and during recess. However, several legislators confirmed on Friday there had been no invitation to discuss the outstanding bills thus far.

These bills include those on the protection of migrant workers, legislative mechanism, freedom of information, state secrecy and sports.

On the same occasion, Akbar, in the House's supervisory capacity, called on the General Elections Commission (KPU) to stick to its existing schedule to prevent delaying the elections.

The KPU is scheduled to hold the legislative and presidential elections next year on April 5 and July 5, respectively. The second round of the presidential election is slated for September 20.

Akbar said the allocation of legislative seats should be decided in a fair manner, and also urged transparency in the KPU's purchase of property for the elections.

In regards the 2003 state budget, Akbar suggested that the government work hard to seek funds, either from domestic or foreign sources, to cover the budget deficit.

Akbar said the House's budget committee would start deliberating the proposed 2004 state budget while in recess in order to meet the deadline.

Gus Dur faces uphill battle in quest for presidency

Jakarta Post - September 29, 2003

Tiarma Siboro and Indra Harsaputra, Jakarta/Surabaya -- Former president Abdurrahman "Gus Dur" Wahid is facing an uphill challenge in his bid to regain power, even within his National Awakening Party (PKB).

The PKB chief patron was dealt a big blow on Friday evening when party executives voted against his demand for dismissal of secretary-general Syaifullah Yusuf. Gus Dur's camp lost by just one vote with the scorecard standing at 18-17 in favor of Syaifullah. The decision allows Syaifullah to breath a sigh of relief at least until after the 2004 general election, when the party will decide his fate.

Political observer Riswanda Imawan said on Saturday the results of the vote reflected Gus Dur's diminishing influence in the party he helped found in 1998.

"As a politician Gus Dur looks to have lost control over the party and is at odds with NU clerics over the reshuffle issue. But as a Muslim organization figure, I think he is still a respected leader whose thoughts are considered law by the clerics," he added.

He further suggested the party name a new presidential candidate as Gus Dur's dismissal from the presidency in 2000 would play havoc with his chances of winning the 2004 presidential election.

He was referring to a survey conducted by the UGM-run local political and regional autonomy institute which showed that more than 28 percent of PKB's constituents would move to other political parties because they no longer believed in Gus Dur.

The survey of some 1,500 respondents also revealed that many constituents of the country's big political parties -- the Indonesian Democratic Party of Struggle (PDI Perjuangan), the Golkar Party the United Development Party (PPP), the National Mandate Party (PAN) -- would withdraw their support should these parties fail to name alternative figures as their presidential candidates.

Riswanda, nevertheless, applauded the PKB decision to vote, saying the move reflected its attempt to remain independent from Nahdlatul Ulama (NU) clerics who earlier warned the party against dismissing Syaifullah otherwise they would consider an alternative party.

NU, the country's largest Muslim organization, is known to be the bedrock of mass support for the PKB.

Meanwhile, political analyst Arbi Sanit from the University of Indonesia (UI) said that internal dispute had affected Gus Dur's leadership in the party. He believed, however, the former president would be able to maintain his influence if he managed to accommodate aspirations of the clerics.

Arbi shared Riswanda's view that Gus Dur would have no chance of winning his second term as the president because he had been removed from the palace, regardless of the high profile politicking behind the dismissal.

Gus Dur was dismissed by the People's Consultative Assembly after the lawmakers accused him of graft involving Rp 35 billion belonging to the State Logistic Agency (Bulog). The allegation was not proven.

In the East Java town of Malang, NU clerics welcomed the result of the vote, saying PKB executives had finally listened to the aspirations of the clerics.

"We [the clerics] feel satisfied with the party's decision because they [the party's figures] have finally listened to us by delaying the move against Syaifullah," Masduki Mahfudh, chairman of the law making body of NU's East Java chapter, said.

Another cleric, Muchich Muzadi, an elder brother of NU chairman Hasyim Muzadi, expressed a similar view.

KPU allots extra seats in 37 electoral districts

Jakarta Post - September 27, 2003

Moch. N. Kurniawan, Jakarta -- The General Elections Commission (KPU) has allocated more than 12 seats in provincial and regency/municipality legislative councils in 37 electoral districts, which is in breach of the law.

"The KPU has no choice but to violate the law," its deputy chairman Ramlan Surbakti said on Friday.

Law No. 12/2003 on elections stipulates that one electoral district is allocated between three and 12 seats.

"Under the state administrative law, the KPU has discretionary powers to take special measures in circumstances that were not taken into account by lawmakers during the drafting of the law. Besides, the KPU will also seek a legal opinion from the Supreme Court regarding this decision," he argued.

Among the electoral districts allocated more seats than their fair share are Tangerang regency with 27 seats, Serang regency (15), both in Banten; South Jakarta (16), East Jakarta (21), and West Jakarta (18); Sleman regency (16), Bantul regency (14), both in Yogyakarta; Palembang municipality (13) in South Sumatra; Batam (21) in Riau; Deli Serdang regency (15) and Medan municipality (14) in North Sumatra; Rejang Lebong regency (13) in Bengkulu; Gorontalo regency (16) in Gorontalo; East Lombok regency (14) in West Nusa Tenggara; and Central Maluku (19) in Maluku.

The KPU could have split a regency/municipality and subdistrict into several electoral districts, but this would also violate the Election Law, he said.

This is not the first time the KPU has deviated from the law. Earlier, it decided to merge Tebing Tinggi municipality (1 seat) with Deli Serdang regency (15 seats) into one electoral district with 16 seats and integrated Bau Bau city with Buton regency into one electoral district with 13 seats.

According to the law, one electoral district consists of a regency or a combination of regencies/municipalities.

The KPU's decision to allot seats of between six and 12 seats to one electoral district is aimed at allowing new political parties equal opportunity to compete with the existing parties, albeit with several exceptions.

One of the exceptions is to categorize a regency/municipality or subdistrict with more than 12 seats as one electoral district, which is in line with the proportional electoral system.

Another exception is to classify a regency/municipality or subdistrict with three to five seats as one electoral district due to transportation problems. This is applied for remote areas that make access difficult.

Also on Friday, the KPU distributed the electoral district map for provincial and regencies/municipalities legislative councils among the Regional General Elections Commissions (KPUDs).

The map provides a comprehensive picture of the number of electoral districts, their locations and seat allocations.

Jakarta, for example, is divided into five electoral districts to be allocated with 75 seats in the Jakarta Provincial Legislative Council. Electoral district one is Central Jakarta with eight seats, electoral district two is East Jakarta (21), electoral district three is South Jakarta (16), electoral district four is West Jakarta (18) and electoral district five is North Jakarta and Seribu Islands, with a total of 12 seats.

Bali is split into seven electoral districts to be allotted 55 seats in its Provincial Legislative Council.

Electoral district one is Denpasar with eight seats, electoral district two is Badung (7), electoral district three consists of Tabanan and Jembrana with 11 seats, electoral district four is Buleleng (10), electoral district five consists of Bangli and Klungkung with a total of six seats, electoral district six is Karangasem (6) and electoral district seven is Gianyar (7).

There are a total of 69 electoral districts for seats in the House of Representatives, 200 electoral districts for seats in provincial legislative councils, and 1,565 electoral districts for the seats in regencies/municipalities legislative councils.

Article 15 (4) of Law No. 17/2003 on state finance stipulates that the House should make a decision on the draft budget taken no later than two months before the start of the fiscal year on January 1.

 2004 elections

'Golkar to benefit from public disappointment to win polls'

Jakarta Post - September 27, 2003

Muninggar Sri Saraswati, Jakarta -- The Golkar Party would take advantage of widespread disappointment with the so-called reform parties to woo support from the public, particularly from first- time voters, to win the election next year, a survey shows.

A recent survey conducted by the Indonesian Survey Institute (LSI) showed that Golkar would seize some 3.5 percent of the vote won by the Indonesian Democratic Party of Struggle (PDI Perjuangan) in 1999, 0.7 percent from National Awakening Party (PKB), 0.8 percent from the United Development Party (PPP), 0.2 percent from the National Mandate Party (PAN) and 0.2 percent from the Crescent Star Party (PBB).

The reform movement that marked the fall of long-time ruler President Soeharto in 1998 gave birth to hundreds of new parties. The ensuing general election in 1999 saw PDI Perjuangan finish first to end the unbeaten run of the Soeharto-built New Order's political machine Golkar.

"People who cast their ballots for the so-called reform parties in 1999 will return to Golkar out of disappointment," M. Qadari, the LSI research director, told a press conference on Friday.

PDI Perjuangan, which won 33.7 percent of the vote in 1999, would suffer the biggest blow with only 20.8 percent of the vote in the upcoming election, the survey predicted.

Other parties would experience a decline, with PKB down to 7.5 percent of the vote from 12.6 percent in 1999, PAN dropping to 3.5 percent of the vote from 7.1 percent and PBB down from 1.94 percent to 1.9 percent.

Qadari said the government's failure to implement speedy economic recovery and security concerns plaguing the country were the reasons for the people's decision to look back at Golkar.

Some 56.4 percent of 1,700 respondents surveyed said they felt their life was far better under the New Order regime and some 65.4 percent said that the current government had failed to put an end to the economic crisis.

As many as 28.7 percent of the respondents believed Golkar may help the country overcome the economic crisis, while only 19 percent were confident in PDI Perjuangan. "The respondents dream about the glory old days under the New Order regime. They are more tolerant of corruption practices as they only expect their economic life to improve," Qadari said.

Golkar has a great chance of winning support from voters who "migrate from other parties" as it stands between nationalist- based PDI Perjuangan and Muslim-based parties like PBB, PPP, PAN and PKB, Qadari added.

"Golkar will benefit a lot from long-standing rivalry between secular-nationalist and Islam parties," he said. The survey also disclosed a remote chance for new parties of stealing the limelight. Parties like the Reform Star Party (PBR), the Pioneer Party, the Glorious Bull Nationalist Party (PNBK), the National Democratic Party (PDK) and the New Indonesian Alliance Party (PIB) would each gain 0.2 percent of the vote.

"They will apparently be unable to meet the electoral threshold of 3 percent of the vote and will be denied entry to the 2009 election," Qadari said. He said the fact that most voters lived in remote areas would also help Golkar win back the power as the people could hardly recognize the new contending parties.

The survey was conducted from August 1 to August 20 nationwide excluding Aceh, involving 1,760 respondents chosen through random sampling.

Most of the respondents come from rural areas with low education and economic status. The composition of female and male respondents was fifty-fifty.

 Corruption/collusion/nepotism

BPK finds irregularities worth Rp 70.41 billion

Jakarta Post - September 27, 2003

Zakki Hakim and Rendi A. Witular, The Jakarta Post, Jakarta The Supreme Audit Agency (BPK) has found 58 cases of irregularities in six Jakarta agencies amounting to Rp 70.41 billion (approximately US$8.38 million) in the 2002 fiscal year and the first semester in 2003.

BPK deputy chairman Soegiarto said the irregularities were an old story repeated annually during routine audits.

"This is a clear proof that the administration never takes the cases seriously. There is a detrimental effect here as the city will lose a lot of money that can actually be used for constructive development," Soegiarto told the press Friday.

BPK's report on the first semester of 2003 says irregularities were found at the city's Sanitary Agency (Rp 989.07 million), Mining Agency (Rp 13.4 billion), City Building Layout and Supervision Agency (Rp 1.02 billion), Transportation Agency (Rp 6.9 billion), Planning Agency (Rp 37.2 billion) and Parking Agency (Rp 10.9 billion).

The report shows that the irregularities refer to indicated loss of revenue, deficit balance in revenue, unaccountable funds and ineffective accounts. For example, the BPK found the sanitation agency had directly deducted 10 percent from the housing and shopping buildings sanitation retribution fees before it submitted the money to the city treasury office.

The pre-deducting practice has caused a difference of Rp 580.83 million in the city's revenue report.

Meanwhile, in the mining agency, the BPK has found that the agency's special treasurer directly received tax payments from taxpayers, involving a total of Rp 3.5 billion.

The BPK also found that one account worth Rp 38.34 million, from the Rp 3.5 billion, was not immediately submitted to the city's treasury office, but was held for more than 24 hours.

BPK concluded that the practice has made a possible manipulation concerning the tax payment of Rp 3.5 billion and recommended the agency's head reprimand the special treasurer with a warning memorandum.

Meanwhile, Firman Hutajulu, head of the City Supervision Agency (Bawasda), said on Friday that the BPK's findings did not necessarily mean that embezzlement had taken place.

"The reported irregularities don't necessarily directly translate as cases of corruption, collusion or nepotism," Firman claimed. He said the BPK includes in its report cases of failure to meet revenue targets, non-procedural administrations and wrong postings.

He said his agency had yet to receive BPK's report, but in the meantime it would follow-up the cases based on media reports. He said, however, his agency would recommend specific solutions for every case in the particular agencies so that the irregularity problems could be solved.

 Media/press freedom

Goenawan Mohamad's legal case is a warning to everybody

Jakarta Post - October 3, 2003

The East Jakarta District Court on Monday issued an asset preservation order covering the home of Tempo magazine co-founder Goenawan Mohamad. This was followed by the issuance of a similar order against the editorial offices of the Koran Tempo daily by the South Jakarta District Court. These measures were taken in connection with a suit filed by businessman Tomy Winata against Goenawan for allegedly libeling him. The South Jakarta District court has since canceled its order due to questions about the ownership of the paper's offices. Senior lawyer Luhut MP Pangaribuan talked to The Jakarta Post's Soeryo Winoto. about the case.

Question: How do you see the court's issuance of an asset preservation order against Goenawan's house?

Answer: This incident shows that the presiding judge took almost nothing into account before issuing his decision. The judge accepted the application from the plaintiff for the order without having regard to whether the legal grounds for the decision were strong enough or whether the action was really necessary. The judge also failed to take the possible implications of the seizure into consideration.

It's rare for a court to slap an asset preservation order on the property of a defendant in a libel case. How could this have happened in Goenawan's case?

Our legal system allows an application for preventive action to be taken so as to preserve assets in order that they may be used later to pay damages should the plaintiff win. A preventive seizure is intended to provide guarantees for the plaintiff should he win his case. The seizure is just the court's way of ensuring that the defendant will not attempt to disguise his ownership of the assets or dispose of them. Therefore, the court attempts to guarantee that there will be enough assets to pay the damages that are awarded to the plaintiff.

However, libel is a gray area where the plaintiff and the defendant have no concrete contractual relations. It's not a black-and-white matter.

Libel constitutes the committing of an illegal act by the defendant. In such cases the Supreme Court should have very clear guidelines; the court must be extra cautious before deciding on any seizure. The court needs concrete evidence regarding contractual relations between the defendant and the plaintiff before issuing an asset preservation order. In Goenawan's case, the court clearly lacked sufficient evidence to support the plaintiff's application.

The court order was ostensibly issued on the grounds that the judge was worried that Goenawan would flee or dispose of his assets. Yet the judges dealing with big corruption cases have never issued such orders preventing the disposal of defendants' assets. Your comments?

I said earlier that the judge took virtually nothing into consideration before deciding to seize Goenawan's house. It was obvious that the judge saw the (Goenawan) case as an ordinary case.

There are strong indications that our judges make decisions without mature consideration. The Supreme Court should take note of this in its promotion examinations for judges. Judges with negative records should get negative grades. Goenawan's case shows that (the judge) just treated it like a standard case.

Isn't it more appropriate to use the Press Law to settle press- related cases?

That's the ideal. But we cannot avoid the use of other laws ... The point is that the court must be very careful.

The Supreme Court has issued practice directions to the courts that concrete evidence is absolutely required in libel suits. There are two questions: the facts and the points of law involved.

Legal proceedings here often do not reflect the public's sense of justice. Do you see this being reflected in the Goenawan case? The order the court issued was an interlocutory order, which means it is not a final decision or verdict. Social and moral aspects have not yet been taken into consideration. That will come later with the verdict. The question is, however, was there any concrete evidence, something that is absolutely required in a libel suit? In the absence of such evidence the judge should not have made such a controversial decision.

I believe the (presiding) judge is not illiterate. He must know what Tempo magazine is and who Goenawan Mohamad is. Goenawan is not just a journalist. He is one of our best writers, whose works have been quoted everywhere. Goenawan lives in the public domain. I wish the presiding judge were illiterate, so we could forgive him.

It is public knowledge that law enforcement here is a mess, mainly due to corruption. What do you think?

Absolutely right. Goenawan's case proves that the masters are not justice, morals, legal certainty, or even the chief justice. The masters are those who bribe the law enforcers. Such bribes are often paid to individual law enforcers. In particular cases, a deal is entered into. A plaintiff may ask a law enforcer how much it will cost to have a defendant's property confiscated.

Does the issuance of this order set a bad precedent for future libel suits?

I would say yes. But it is more of a warning to everybody, not only the press, to be more alert against the "new masters" who have the power to influence our law enforcers at will, at any time. Tempo magazine once reported on the "magnificent nine" who are untouchable by the law in this country. Those who come up against them will be crushed.

So what should we do?

We just need good leaders, not rulers. Rulers are usually involved in bribery, but good leaders are free from such sins.

 Regional/communal conflicts

Violence-hit regency still tense

Jakarta Post - October 3, 2003

Makassar -- Tension still engulfed the newly created regency of Mamasa, some 380 kilometers from the South Sulawesi capital of Makassar, on Thursday after three deaths in attacks by rival villagers.

The attacks took place on Monday and Tuesday, and involved those supporting and those opposing the division of Polewali Mamasa (Polmas) into two regencies -- Polewali and Mamasa.

On Thursday, both opponents and supporters remained on guard in their own villagers after widespread rumors that revenge attacks were imminent, South Sulawesi Police chief Insp. Gen. Jusuf Manggabarani said. "However, the security situation is improving," he claimed.

Jusuf said security forces had established roadblocks in the areas between the feuding villages. The roadblocks were aimed at preventing the possibility of further attacks.

At least three opponents of the split have been beaten to death by the split's supporters, and another person has been missing since Monday.

 Local & community issues

Three cops detained over Sumbawa riot

Jakarta Post - September 27, 2003

Luh Putu, Trisna Wahyuni and Damar Harsanto -- Mataram/Jakarta Three police officers have been detained in connection with the death of a student that led to a riot on Thursday in Sumbawa Besar regency, West Nusa Tenggara, National Police chief Gen. Da'i Bachtiar said on Friday.

The three local police officers have been charged with causing the death of Mustakim, 22, a Samawa University student.

"The police have identified three officers who were in charge of Mustakim while he was in police custody, and they have been named suspects," Da'i told reporters after attending Friday prayers at National Police Headquarters, South Jakarta. Mustakim's death triggered a riot in Sumbawa Besar that led to the death of a protester, Gathan, while 11 others sustained injuries in the violence.

West Nusa Tenggara Police chief Brig. Gen. Sutomo Tjokro Atmodjo said the three officers, who are all ranked second brigadier, have been identified only by their initials: SU, NV and A.M.

Sutomo said the three were arrested after they were found guilty of "violating police procedures", which caused the death of Mustakim, but did not elaborate.

He said the decision was taken after an investigation by the police's internal affairs unit, which questioned 15 police officers and three detainees in connection with the incident. The doctor who had conducted an autopsy on Mustakim's body concluded that the student had died of a blood clot caused by a blow to his head.

Sutomo said they were not yet certain whether the blood clot was a result of beatings suffered at the hands of the police, or of injuries Mustakim sustained in a motorcycle accident on Monday, when he hit another motorcyclist, Akhirkan.

According to Sutomo, Mustakim fell, unconscious, from his motorcycle and was admitted to a nearby hospital by a resident, Burhan Salengke, who lived near the site of the accident. Upon gaining consciousness at hospital, Mustakim became aggressive and psychologically unstable, prompting hospital staff to call the police.

Three police officers arrived to take Mustakim to Sumbawa Besar police station, but shortly afterwards, he was returned by the same officers to the hospital. It was discovered later that Mustakim was already dead by then, said Sutomo.

Upon finding out that the Mustakim had died while in police custody, local residents and students stormed Sumbawa Besar police station on Thursday and demanded justice.

The protest turned violent after a police officer declared that Mustakim had died of a drug overdose, infuriating local residents who believed that Mustakim was tortured to death by the police.

The protesters allegedly broke through a police cordon during the protest, prompting the police to shoot at them.

Sutomo stressed that the police did not commit any procedural violations in handling Thursday's riot.

The incidents have led to the dismissals of Sumbawa Besar Police chief Adj. Sr. Comr. Bambang Suharno and his deputy Comr. Taufik Wijaya. The two were transferred to the West Nusa Tenggara Police Headquarters. "The step was taken to calm down the residents of Sumbawa Besar," said Sutomo.

 Human rights/law

Revision needed of 'repressive' articles

Jakarta Post - October 3, 2003

Ahmad Junaidi, Jakarta -- The planned revision of the Criminal Code (KUHP) should focus on repressive articles and outdated laws, instead of criminalizing private matters, experts said.

Director of the Center for Legal and Policy Studies of the University of Indonesia Bivitri Susanti proposed the revocation of repressive articles which deal mostly with defamation of state officials, articles which have recently been used to charge the press.

"The articles were introduced by the Dutch colonial government to restrict any struggle for independence. In their country of origin, the Netherlands, those articles have been revoked," Bivitri told The Jakarta Post on Wednesday.

She was referring to Articles 134 and 137 on defamation of the president and vice president, Article 160 on inciting hatred against the authorities and Articles 310 to 321 on libel.

Under the libel article, the South Jakarta District Court sentenced Rakyat Merdeka daily chief editor Karim Paputungan last month to five months in prison with 10 months probation for printing a caricature deemed insulting to House of Representatives Speaker Akbar Tandjung.

The daily's executive editor Supratman is currently facing a one year prison sentence on charges of defaming President Megawati Soekarnoputri in several articles published by the daily.

Invoking libel articles, prosecutors also brought Tempo news magazine chief editor Bambang Harymurti and two journalists to court for defaming businessman Tomy Winata and allegedly circulating lies in the magazine's coverage of the fire in Tanah Abang market in Central Jakarta in February of this year.

Besides the repressive articles, Bivitri said the Criminal Code failed to criminalize domestic violence of which women and children are the victims. She said many cases of domestic violence were swept under the carpet, settled out of court or ended up with the courts giving lenient sentences as the cases were considered "family matters".

Furthermore, she said many articles in the code carried maximum sentences that are "too light", making them too weak to be a deterrent. Citing an example, she said the code stipulates that premeditated murder carries a maximum sentence of 20 years, while in many Western countries convicted murderers receive a sentence of up to 50 years.

The government faces growing criticism for drafting a revision to the Criminal Code which criminalizes black magic and private matters related to sex, including oral sex, cohabitation, masturbation and sodomy.

The critics also lashed out at the government for admitting that the revision was a move to accommodate the interests of certain Muslim groups who have been demanding the implementation of sharia.

Minister of Justice and Human Rights Yusril Ihza Mahendra, who sponsored the revision, chairs the Crescent Star Party (PBB) which has long fought for the adoption of sharia.

Another legal expert from the University of Indonesia, Topo Santoso, agreed with Bivitri, saying the revocation of the repressive articles was needed because Indonesia had enacted separate laws that practically annulled the articles.

"Articles dealing with defamation and general elections in the code, for example, should be revoked," Topo told the Post. He said the code's articles in relation to the media were no longer needed due to the presence of Law No. 40/1999 on the media. Likewise articles on general elections were obsolete after the enforcement of Law No. 12/2003 on general elections.

Apart from the repressive articles and lenient punishment for certain crimes, basic principles in the code have their origin in the criminal code applied by the Dutch colonial government dating back to 1915. "The principles are no longer relevant to the current era, so the review should be made along these lines," Topo said.

Jakarta's move against immoral sexual acts flayed

Straits Times - October 1, 2003

Jakarta -- Indonesian lawyers have criticised plans by the Justice Ministry to criminalise sex outside of marriage and some sexual acts by minors, a report said yesterday.

The ministry is drafting an amendment to the criminal code to include acts not currently categorised as crimes but seen as immoral. These include living together and sex outside of marriage.

Indonesia Bar Association chairman Gayus Limbuun was quoted by the Kompas newspaper as saying that the state should not interfere in citizens' sexual behaviour. "I need to make it clear that all criminal offences are ethical offences but not all ethical and moral offences are crimes," he said.

The secretary-general of the Indonesian Lawyers' Association, Mr Suhardi, warned that people could take the law into their own hands if the plan was adopted. "If cohabitation becomes a crime, it will be a pretext for people who have a holier- than-thou attitude to raid other people. This is dangerous," he was quoted as saying.

The ministry's move is apparently in response to a clamour by some Muslim groups and political parties for the introduction of Islamic law.

The current criminal code is a collection of laws mostly adopted from the Dutch colonial era. Ministry officials have said that in addition to the Dutch colonial law, the proposed amended code will also adopt Islamic law, international conventions and customary laws.

The draft proposes that a couple found guilty of cohabitation be punished by up to two years in jail. A man who impregnates a woman but refuses to marry her could spend up to five years in prison. For those aged under 18, sodomy and oral sex would be punishable by anything from three to 12 years in jail and homosexual activity would be punishable by up to seven years in jail.

A ministry spokesman said sodomy, oral sex and homosexual acts would not be an offence for adults. In the case of cohabitation, Justice Ministry official Abdul Gani Abdullah told Reuters: "If society chooses not to do anything and has no objection to any cohabitation, for example, then it is not a crime." He said people would need to lodge complaints before the authorities reacted.

Muslim leaders, including experts in syariah law, had been consulted over the draft revisions, he added. Indonesia is the world's most populous Muslim nation but Islam is not the state religion and the country in general practises a tolerant version of the faith.

Jakarta eyes tougher laws

Melbourne Age - October 1, 2003

Matthew Moore, Jakarta -- Living in sin, committing adultery and practising black magic will be punished with long jail sentences under Indonesia's draft new criminal code.

The tough provisions in the code, intended to replace much of the criminal law left by Indonesia's former Dutch colonisers, include jail terms of up to 12 years for casual sex.

Striptease artists risk two years' jail and playboys who renege on promises of marriage could spend four years in prison unless the subject of their affections is already pregnant, in which case the sentence rises to a five-year maximum.

Emerging details of the proposed new laws have surprised many in liberal-minded parts of Indonesia. But perhaps more surprising is that the 600 pages of draft legislation was finalised three years ago and is only now becoming a public issue.

A member of the Government-appointed committee that put the laws together says the sudden burst of publicity this week arises from the fact that politicians are preparing to campaign on them in next year's elections, hoping to woo the more religious voters.

Indriyanto Seno Adji said he expected Justice Minister Yusril Isha Mahendra to use the laws to build support for his Islamic Crescent Star Party.

The draft laws are the result of more than two years of consultation with the community and establish new legal principles based on a mixture of international law, Islamic Shariah law and local Indonesian laws.

Two years' jail for men and women who live together unmarried reflected the wishes of communities across the country from Aceh in Sumatra's north to Bali to restrict the trend of more Western sexual practices, Mr Indriyanto said.

Although few Indonesians live together unmarried and many hotels require men and women to produce marriage certificates before they can get a room, there is no law against sex outside marriage.

The draft law proposes to tackle Indonesia's vigorous sex industry, with married men visiting prostitutes risking up to 12 years' jail under the adultery provisions while single men will face seven-year terms. Mr Indriyanto said, however, that the law would allow adults to practise homosexuality and oral sex would not be outlawed.

The draft code also contains a principle specifically stating that there can be no rape in marriage, which Mr Indriyanto said was based on Dutch law.

While communism has long been outlawed under a parliamentary decree, the draft law proposed that a ban on promoting communism be included in the criminal code with punishments for offenders of 12 to 20 years' jail.

Using black magic to hurt or kill someone will now be punished with a five-year jail sentence, although Mr Indriyanto conceded it was difficult to define such offences in a criminal code.

Mr Indriyanto conceded that new laws often failed to do much to change Indonesian society. "In Indonesia there are already so many regulations." he said.

DPR demands revision of water bill

Jakarta Post - October 1, 2003

Kurniawan Hari and Muninggar Sri Saraswati, Jakarta -- Leaders of the House of Representatives (DPR) have instructed legislators deliberating the water resource bill to make several revisions on some contentious articles, Deputy Speaker Soetardjo Soerjogoeritno said on Tuesday.

He, however, did not say when the House leaders asked the legislators in charge to suspend the bill's deliberation and change the articles.

"The deliberation [of the water resource bill] must be suspended and lawmakers must get more input from the people," Soetardjo said on Tuesday. He emphasized that the legislators should disseminate information on the substance of the bill to the public in order to improve the bill.

Revisions could be done on some articles in the bill that may contradict Article 33 of the newly amended 1945 Constitution.

"Water has a social function, so it must not be privatized," Soetardjo of the Indonesian Democratic Party of Struggle (PDI Perjuangan) said.

Earlier, chairman of the House's working committee for the bill deliberation, Erman Suparno, proposed that the committee stop the deliberation of the water resources bill indefinitely due to public protest, as well as conflicting interests among Cabinet ministries.

According to him, he would convey his proposal to the committee as soon as lawmakers resumed their session on October 24.

The House is giving more time to hear the public's opinion and to allow the ministries to reach an agreement on the bill, said legislator Erman of the National Awakening Party (PKB) faction.

Several ministries involved in the bill deliberation such as the Ministry of Resettlements and Regional Infrastructure, the Ministry of Energy and Mining and the Ministry of Home Affairs have yet to agree on several issues, including on the use of both surface and underground water.

The public criticism has been particularly intense, resulting in violent clashes on Monday, over the bill due to the possible commercialization of water. There is fear in some quarters that profit may be put before people's needs and access to water.

Large groups of people, mostly farmers and non-governmental organizations have conducted a series of rallies protesting the bill.

At least 20 people were injured during a clash with police in Yogyakarta on Monday over the issue.

However, several legislators in charge of the bill said Tuesday that they were not informed about the House plan to postpone the deliberation of the bill. "I only know it from the newspapers. What I know is that we will resume the deliberation immediately after the House convenes on October 24," said Simon L. Himawan, the director of the National Development Planning Agency (Bappenas) directorate of water resources and irrigation on Tuesday.

He explained that the working committee is slated to discuss several issues, including irrigation and permits to make use of water resource.

Another participant from the Ministry of Settlements and Regional Infrastructure concurred with Simon, saying that he had no idea there had been a postponement. "I don't know a thing about that. We are supposed to resume the deliberation after the recess," said the high-ranking official who declined to be named. His ministry has insisted that the bill be passed into law this year.

Meanwhile, legislator Erwin Pardede of the PDI Perjuangan, insisted that the working committee would resume the deliberation after October 24. "People may misunderstand Erman's statements. It is true that we are postponing the deliberation, but it is mainly due to the recess. It is not an indefinite postponement, " he said.

Erwin also seemed to be solidly opposed to any revision of the deliberated articles following the so-called public consultation and inter-department consultations. "There should be no more revisions. The deliberated articles are the result of a consensus among committee members," he said.

Legal activists reject Code revision

Jakarta Post - October 1, 2003

M. Taufiqurrahman, Jakarta -- A rights activist and a lawyer have expressed concern over a government proposal to criminalize extramarital sex and some sexual acts by minors, saying it would infringe citizens' basic rights.

Human rights activist Hendardi of the Indonesian Legal Aid and Human Rights Association (PBHI) said on Tuesday the planned revision of the Criminal Code (KUHP), which would entail the criminalization of certain sexual behavior, would leave no scope for citizens to lead their lives in private.

The planned revision was proposed by the Ministry of Justice and Human Rights to replace the outdated code, a legacy from the Dutch colonial era.

A copy of the revised KUHP shows that among the new articles are those relating to casual sex, witchcraft or black magic, Marxism-Leninism, contempt of court, oral sex and sodomy.

"The government has no right to decide what is right or wrong about the sexual orientation of its citizens or to punish a couple that lives together outside of wedlock. It has no authority to interfere with what may occur in citizens' bedrooms," Hendardi told The Jakarta Post.

He added that the ministry's proposal to outlaw the teaching of Marxism-Leninism also violated mankind's fundamental rights. "People cannot be punished for following a particular ideology," he said.

As for criminalizing witchcraft or black magic, Hendardi said that it would only add to the problems of the already-corrupt legal system. "Due process of law needs concrete evidence to prove certain offenses. In such a case (witchcraft or black magic), how could you prove it?" he said.

Director General of Law and Regulations at the ministry Abdul Gani Abdullah said that revision of the outdated KUHP was aimed at coping with the complexity of Indonesian society.

However, Hendardi said he had suspicions that the revision was being made to accommodate the interests of particular groups in society.

"The ministry has bowed to incessant pressure from narrow-minded religious groups, to which the justice minister himself belongs," he said.

Justice and human rights minister Yusril Ihza Mahendra is the chairman of the Crescent Star Party (PBB), which has long fought for the inclusion of sharia (Islamic laws) into state legislation and the Constitution.

Noted lawyer Adnan Buyung Nasution concurred with Hendardi, saying that the planned revision would bring adverse effects to the country's legal system.

"The inclusion of articles bearing the influence of certain religious teachings into the KUHP will go against the universal principles of criminal codes adopted by almost every country in the world," he said here on Tuesday.

He also said that the planned revision would jeopardize the ideals of a democratic society as envisioned by the country's founding fathers.

"Citizens from other religious beliefs would be discriminated against if the criminal code accommodated only one religious teaching as its foundation," Buyung said.

Code revision says 'no' to casual sex, sorcery

Jakarta Post - September 30, 2003

A'an Suryana, Jakarta -- Casual sex, oral sex, cohabitation, homosexual sex and witchcraft will be outlawed if proposals by the Ministry of Justice and Human Rights to amend the Criminal Code (KUHP) are adopted.

"After listening to various groups in society, including Muslims and ethnic groups, the ministry has decided to include a good number of new articles in the revised version of the KUHP," Abdul Gani Abdullah, director general of Laws and Regulations at the ministry, said here on Monday The current KUHP is a legacy of the Dutch, who occupied Indonesia for 350 years until it gained independence in 1945.

Abdul Gani said the revision of the outdated KUHP would include the addition of new articles to cope with the complexity of Indonesian society.

A copy of the revised KUHP shows that among the new articles are those related to casual sex, witchcraft or black magic, Marxism- Leninism, contempt of court, oral sex and sodomy.

The revision is almost complete and will soon be submitted to the House of Representatives (DPR) for deliberation.

Minister of Justice and Human Rights Yusril Ihza Mahendra has said that he expected the revised KUHP would be approved after the 2004 elections.

The revised KUHP includes rulings on private matters of individuals, including casual sex and homosexuality.

Article 422, for example, rules that a person can get a maximum of two years in jail if she or he lives with her or his partner under one roof outside of marriage.

The practice of homosexuality will be strictly prohibited under the revised KUHP. Anyone who is caught having sex with the same sex will get one to seven years in jail, according to Article 427. The Associated Press reported this would only apply to those aged under 18 years.

Under Article 423, sodomy and oral sex are categorized as an act of rape, so that anyone who commits the offense can get three to 12 years in jail.

"These have been included in the revised KUHP to accommodate the demands of Muslim groups," Abdul Gani said.

Among those Muslim groups that had fought for the inclusion of sharia (Islamic laws) in the laws and the Constitution is the Crescent Star Party (PBB), which is chaired by Yusril.

Abdul Gani rejected the notion that including these articles meant the state had intervened in the private matters of individuals. "There is no such intention by the government. It is the community that had demanded the inclusion of those articles in the revised KUHP."

Government drafts bill on accounting

Jakarta Post - September 29, 2003

Jakarta -- The Ministry of Finance is currently drafting a new bill on the accountancy profession, which will replace the existing outdated law issued in the 1950s.

The Ministry of Finance said, in a press statement on Sunday, that the new bill would not only provide better protection for both clients and accountants, but also accommodate the complex development in trade liberalization and technology.

The drafting of the new bill comes amid rising financial scandals both at home and overseas, involving huge companies and giving rise to allegations that accountants have often cooked their clients' books.

The statement said that the new bill will prohibit public accountants from doing their jobs if they are not independent.

Individually, public accountants will not be allowed to make a general audit for a particular client for more than three years in a row.

Public accountants will not be allowed to have a side job at another institution -- both state and private -- unless it is a teaching job at a university.

In addition, public accounting firms will not be allowed to do audit work for a client for more than five successive years. And in doing audit work, the firm must be independent, meaning that it must not have a conflict of interests.

Public accounting firms will be banned from providing services outside finance, accounting and management. This will force accounting firms to end additional consultancy services, thus, avoiding a conflict of interests. It will also be required that working papers must be kept for 10 years, and an accountant's office must be isolated from other activities. Public accounting firms will be immune from legal charges if disclosing a crime committed by a client.

But, both public accountants and public accounting firms will be held legally responsible for all services they provide.

Sanctions for violating the law range from an administrative sanction to a financial penalty and a jail term of between one year and six years.

Administrative sanctions include freezing the accountant's license and revoking the accountant's license.

A client, or other parties who have suffered losses as a result of misstatements or misrepresentations in audit reports, can file legal charges.

Criminal charges include a penalty of between Rp 50 million and Rp 300 million for an accountant, and between Rp 100 million and Rp 2.5 billion for a public accounting firm.

Ministry seeks to criminalise cohabitation, oral sex

Agence France Presse - September 29, 2003

Cohabitation, oral sex and homosexual sex will soon become crimes in Indonesia if the justice ministry has its way, a ministry spokesman said.

The ministry is drafting an amendment to the country's criminal code to include acts not currently categorised as crimes but considered morally unacceptable.

These include cohabitation, oral sex, extramarital and non- marital sex, sorcery aimed at hurting other people and homosexual sex, spokesman Sukartono Supangat said.

"It's still in its early stage. We're still collecting input from various parties and experts," he said. He said in addition to Dutch colonial law, the proposed amended criminal code will also adopt Islamic law, international conventions and tribal laws. The draft, which is still being debated, proposes that a couple found guilty of cohabitation be punished to up to two years in jail. A man who impregnates a woman but refuses to marry her could spend a maximum five years in prison.

Sodomy and oral sex would be punishable by between three to 12 years in jail and homosexual sex would be liable to punishment of between one and seven years.

A "witch doctor" or his client found guilty of using black magic to hurt other people could spend up to five years in jail. Supangat said ministry experts are still debating ways to obtain evidence of such acts.

Indonesia is the world's most populous Muslim country but Islam is not the state religion and the country in general practises a tolerant version of the faith.

 Reconciliation & justice

Legality of trial on Tanjung Priok case questioned

Jakarta Post - September 30, 2003

Tiarma Siboro, Jakarta -- Lawyers for the 11 military personnel accused of committing gross human rights violations in the 1984 Tanjung Priok massacre questioned on Monday the legality of the ongoing trials against their clients, arguing that the families of the victims and the military had reached an out-of-court settlement in the case. They also said that the ad hoc tribunal, which is being held at the Central Jakarta District Court building, did not have the authority to try the case, which should come under the North Jakarta jurisdiction.

"Both the families of the victims and the military have signed an islah (traditional Islamic peace settlement) and declared a reconciliation during a gathering at Sunda Kelapa mosque in Central Jakarta in March 2001.

"They [the victims and their families] agreed in principle to end the conflict by accepting compensation [from the military] in the form of a foundation named Yayasan Penerus Bangsa. The foundation supports Tanjung Priok victims who are disabled or have lost their jobs following the incident," one of the defense lawyers, Yan Djuanda Saputra, told the court which was presided over by Andi Samsan Nganro. Relatives of the late Amir Biki, a Muslim cleric killed in the bloodshed, and former Jakarta Military commander Try Sutrisno, who was in charge of security in the capital at the time of the incident, played a prominent role in promoting the islah.

However, not all victims or their families accepted the out-of- court reconciliation. Among those opposing the settlement is legislator A.M. Fatwa of the Reform faction.

Also, the Attorney General's Office once ruled that the court proceedings would continue despite the islah.

The Lawyers also questioned whether or not the court had the legality to proceed with the trials of the case that took place almost two decades ago. They argued that the country's legal system did not recognize a retroactive principle.

"The Indonesian Constitution does not recognize a retroactive principle," Djuanda said. "The Human Rights Law is very much against the Constitution in regard to the principle of retroactivity. It is very clear in the Constitution that the principle of retroactivity cannot be applied to anyone for anything." Jakarta ad hoc rights tribunal prosecutor Widodo Supriady accused the 11 soldiers of firing at a crowd of Muslim protesters in front of the North Jakarta Police station on the night of September 12, 1984. But Djuanda said that "what these soldiers did was self-defense, not slaughtering of people, because the crowd was about to attack them." The Army personnel are Capt. Sutrisno Mascung, Chief Corp. Asrori, Chief Corp. Siswoyo, Sgt. Maj. Abdul Halim, Second Lt. Zulfata, Sgt. Maj. Sumitro, Chief Sgt. Sofyan Hadi, Chief Corp. Prayogi, Chief Corp. Winarko, Chief Corp. Idrus, and Second Sgt. Muhson.

The soldiers were members of Platoon III of the Air Defense Artillery Battalion based in North Jakarta.

The shooting followed a mass demonstration demanding the release of four residents in detention at the Tanjung Priok Military Command. The authorities claimed that 33 people were killed in the incident, but eyewitnesses said they saw a truckload of charred bodies.

Under Law No. 26/2000 on human rights, the soldiers face a minimum of 10 years in prison and a maximum of the death penalty if found guilty.

During Monday's trial, dozens of members of Yayasan Penerus Bangsa, along with TNI soldiers, occupied the court room and clapped their hands when the lawyers arrived at the "the spirit of islah" part of their statement. "We therefore demand the court to reject the accusations," Djuanda concluded.

The court was then adjourned until October 7 to hear the prosecutors' response.

 Focus on Jakarta

One eviction, thousands homeless

Jakarta Post - October 3, 2003

Evi Mariani, Jakarta -- More than 1,000 people became homeless in a forced eviction on Thursday at a 15-hectare plot of land in Tanjung Duren Selatan subdistrict, West Jakarta.

The eviction caused massive traffic jams along the Jakarta- Tangerang toll road, Jl. S. Parman and roads surrounding Mal Taman Anggrek as "illegal" occupants blocked the access to their neighborhood by burning tires on the toll road and feeder roads.

Surrounded by thousands of officers from the West Jakarta Public Order Agency and West Jakarta Police, the eviction was marred by heated clashes. Nine people suffered minor injuries and were taken to Sumber Waras Hospital. The doctor on call at the hospital's emergency room, Liman Harijono, said all victims had head wounds.

A cameraman of Metro TV private channel, Sudirman Mustari, and his camera were hit by some public order officers when he was taking a shot on officers beating a resident.

The incident ended after several policemen calmed the crowd and dismissed them. After examining his camera, Mustari said there was no vital damage to the expensive camera.

After receiving confirmation from police officers that the eviction would proceed peacefully, residents began to pack their belongings including refrigerators, washing machines and television sets. Some had even left the site before the eviction started. Most of the residents were boarders who worked at the mall and surrounding offices.

The landlords of the area had reaped a healthy profit by renting rooms in their houses. One of the houses had 40 rented rooms, offered at between Rp 250,000 (US$29.41) and Rp 700,000 per month.

Darjo, one of the boarders, said the landlord had never informed them about the eviction plan. "I'd heard rumors about the eviction, but I thought it was for houses behind this one, not ours," he said. His boarding house was among the first to be demolished.

Residents claimed they had never received any official notification on the mayoralty's plan to clear the land. Raja Simbolon, who bought a 300-square-meter plot for Rp 34 million from an Ibu Neneng eight months ago, said he did not receive any eviction letter from local subdistrict offices. "I heard people talking about eviction, but without any official notice, I never knew that it was going to happen today," he said.

Some residents were completely lost as to what they should do, now that they had lost their homes. "Please, don't ask about the eviction. I don't even know where I should go," said an old man in front of his house while five excavators and two bulldozers tore down houses throughout the area.

Evicted residents given false hopes

Nurhayati Sitanggang was still in shock when an excavator demolished houses around hers in Tanjung Duren Selatan subdistrict, West Jakarta. She was sitting on her heels in front of her house, numb with disbelief that the rumors of the eviction proved true. She did not respond when her sister and sons called out for her to move out of danger's way, as an excavator slowly moved toward her.

Even when thousands of officers from the West Jakarta Police and Public Order Agency surrounded the area at 7 a.m., she was still optimistic that she would not be evicted without official notice from the administration.

Besides, she had a letter declaring her right to use a 1,000- square-meter plot of land from a lawyer at Gerald Tugo Faber, who claimed to own the vast plot. The letter was signed by a lawyer named Zainal Arifin, dated April 1, 2003, and had her picture on it.

"Have the policemen gone?" she asked her son, taking back the letter from The Jakarta Post and putting it carefully inside purse. From her actions, it was apparent that she thought the letter precious, her guarantee that she could stay on the land.

Apparently, such letters were worth only as much as the paper on which they were printed. Other residents also claimed to have such letters in their possession. They had bought the land for only Rp 2,000 per square meter, far cheaper than in surrounding areas where the price could reach over millions of rupiah per square meter.

Nurhayati said that she was aware that the land was disputed. She knew that the heirs of Munawar bin Salbini had won the case as ruled by the West Jakarta District Court. The court's decision on land ownership was upheld by the Jakarta High Court in March.

"I realize that we'd have to leave here sooner or later," said Nurhayati. "But somebody who claimed to be the owner of this land promised us that we would be compensated fairly when that day arrived." Earlier, she had refused an offer of Rp 3 million in compensation from Salbini, saying that it was not enough -- even for her to demolish her house herself, let alone for moving her belongings to another place.

Now, however, it seems all she has left are false hopes, empty promises, no options and a worthless scrap of scribble tucked away in her purse.

More people to get marching orders as eviction continues

Jakarta Post - September 30, 2003

Bambang Nurbianto and Tertiani ZB Simanjuntak, Jakarta -- Thousands of more families will soon be left homeless as the Jakarta Administration is set to continue its policy of evicting squatters living illegally on privately and state-owned land across the city.

Around 700 families living on a 12-hectare site next to the Taman Anggrek Mall on Jl. S. Parman, West Jakarta, will be the next to be evicted, followed by around 200 families in Tegal Alur, also in West Jakarta.

"We are targeting the freeing up of the land at both locations before entering the fasting month," said West Jakarta Mayor Sarimun Hadisaputro on Monday after a meeting with Jakarta Governor Sutiyoso and the president of state housing authority Perum Perumnas president M. Latief Malangyudha. The fasting month will start on October 27.

North Jakarta Mayor Effendi Annas made a similar statement, saying that his administration would support private sector and state companies that wished to demolish houses built illegally in his municipality. "North Jakarta has long been a mecca for squatters," Annas told the media.

Annas said that the squatters' shacks and houses built on land owned by state-owned oil and gas company PT Pertamina in Plumpang, by PT Jasa Marga along the toll road in Pluit and along the banks of the Angke river and the Cengkareng Main Drain.

Annas said that PT Jasa Marga and the Ministry of Resettlement and Regional Infrastructure were expected to immediately evict people living under the toll road as their presence was disrupting the lives of local people. "I hope the ministry will organize the evictions as it was the ministry that allowed them to settle here at the beginning. We'll help if they need it," he said.

Latief said that Perumnas also planned to clear squatters off 2.7 hectares of land in Kemayoran, Central Jakarta, and 20 hectares of land in Pulo Gebang, East Jakarta.

In the last two weeks, municipality public order officers forcibly demolished more than 1,600 shacks built on 55-hectare site owned by Perum Perumnas. A man died after clashes with officers while a girl was injured during the evictions.

Some 25 hectares of the land will be used as a commercial zones for shopping malls and office buildings.

Latief said that some 15 of the 25 hectares would be sold to the private sector while the rest would continue to be managed by Perumnas. The remaining 30 hectares would be used for apartments.

"The administration has give its approval for our project to turn the land into a commercial center," he said.

During a meeting on the latest evictions held by the National Commission on Human Rights (Komnas HAM), the National Commission on Child Protection and the National Commission on Violence Against Women, key officials from the municipality, the West Jakarta Police and Perumnas failed to show up.

"We only want to serve as a mediator between them and the residents because this series of evictions -- although they prefer to call them public law and order operations -- have caused casualties. We hope they will come to the next meeting on Wednesday," said Komnas HAM vice chairman Solahuddin Wahid, who heads a team set up to investigate the evictions.

He added that the team would study the procedures and approaches used by the administration during the evictions.

"Our next step will be to write to Sutiyoso asking the administration to halt the evictions and to employ a peaceful approach involving negotiations with the people."

Only 20 percent of commuter train passengers buy tickets

Jakarta Post - September 29, 2003

Jakarta -- Only 20 percent of the some 450,000 daily commuter train passengers in the Greater Jakarta area buy tickets while the rest either bribe conductors on board or do not pay at all.

Head of the Greater Jakarta division of state-owned railway operator PT Kereta Api Indonesia (KAI), Rachmadi, said on Saturday that his company had tried everything to try to force people to buy tickets, but all to no avail.

Rachmadi admitted that the fault lay not only with the passengers who refused to buy tickets, but also with conductors for accepting bribes from passengers.

Rachmadi was speaking during a dialog with commuter train passengers from Greater Jakarta here on Saturday.

Despite the relatively low price of a ticket -- only Rp 1,500 (17.64 US cents) -- many passengers still prefer to slip Rp 1,000 to the conductor. Even with large notices in every station warning that passengers without tickets will be fined Rp 50,000 each, many are still willing to take the risk.

Rachmadi also admitted that PT KAI had found itself powerless to stop passengers from traveling on carriage roofs or vendors from hawking their wares on board trains. He argued that the company did not have enough personnel to control the situation.

Indonesian Consumers Organization (YLKI) chairperson Indah Suksmaningsih said that PT KAI's poor service would not be improved if there was no determined action from the company and the relevant government institutions.

"Don't expect to resolve the problems if the communications ministry does not care about the difficulties faced by the management of PT KAI's Greater Jakarta division," Indah was quoted by Antara as saying.

She criticized company and government policies, which only allocated 20 percent of seats for economy class passengers even though these account for up to 80 percent of the total 450,000 passengers who use commuter trains every day.

Komnas HAM to probe evictions

Jakarta Post - September 27, 2003

Jakarta -- The National Commission on Human Rights (Komnas HAM) has set up a team to investigate a string of evictions in the city, which many claim have violated people's basic rights, a commission member said on Friday.

Taheri Noor said the team, of which he is a member, would be led by the commission's deputy chairman, Solahuddin Wahid, and would conduct direct investigations in the field. "We consider these evictions in Jakarta to be a serious matter," Taheri said.

He added that the commission, along with the National Commission on Child Protection and the National Commission on Violence Against Women, would hold a meeting with the West Jakarta mayor and his officials, the local police chief, as well as officials from the state housing company, Perum Perumnas, on Monday.

In the last two weeks, municipality and security officers have evicted hundreds of residents occupying Perum Perumnas' 55- hectare site in East Cengkareng and Kamal subdistricts, West Jakarta, despite the residents' pleas for a delay as they had yet to find new places to live.

Dozens of the evicted residents are now sheltering in the parking lot of the Komnas HAM offices on Jl. Latuharhary, Central Jakarta.

 News & issues

Army detects foreign parties' involvement in Aceh, Papua

Antara - September 28, 2003

Jakarta -- Army Chief of Staff Gen. Ryamizard Ryacudu said on Sunday that the Army had long detected foreign parties' involvement in a number of conflicts in the country. "They may be involved, either directly or indirectly," he said after opening a marathon to celebrate the Indonesian military's 58th anniversary.

He was responding to an incident in which an Australian couple grounded their yacht on an island in the province last Thursday. The Australians, John Humprey, 57, and his wife Claire Susan, 58, were reportedly sailing to Madagascar from Langkawi, Malaysia, when they were caught in a storm and washed ashore in Aceh.

The couple was released on Sunday after they were found innocent of violating immigration rules based on the results of an investigation by local immigration authorities and security personnel. Ryacudu said the foreign parties could indirectly be involved in the conflicts by capitalizing on local and international non-governmental organizations.

He wondered why foreign nationals could easily enter conflict- torn areas such as Aceh and Papua.

Titles up for grabs, politicians line up

Jakarta Post - September 27, 2003

Blontank Poer, Jakarta -- Some people may have taken Shakespeare's "What's in a name?" to heart and decided they needed more weight to their names, yearning for the prestige of a royal title.

About 600 people, including prominent politicians, have reportedly submitted requests to be granted royal titles from the Hadiningrat Kraton of Surakarta in Central Java.

Among them are Minister of Manpower and Transmigration Jacob Nuwa Wea, Minister of Settlement and Regional Infrastructure Soenarno, People's Consultative Assembly (MPR) Speaker Amien Rais, House of Representatives Speaker Akbar Tandjung, Minister of Home Affairs Hari Sabarno and a Malaysian minister.

Should the requests be fulfilled, royal titles will be granted to the applicants on September 27, a day before the 60th anniversary of the crowning of Sultan Pakubuwono XII, who is locally called Jumenengan. The celebration, held four times a year, will take place on Sunday.

"This time we have 600 requests," Prince Dipokusumo, the executive operator of the Surakarta palace, told The Jakarta Post on Friday evening.

Not all of the requests will be fulfilled as there is criteria to be met. Among the criteria are that applicants should be known by the palace, respect the country's many cultures -- not just Javanese -- and have historical ties to the palace.

However, meeting only one of the criterion could be enough to be granted a royal title. Royal titles to be granted are, among others, Kanjeng Raden Tumenggung, equal to a district chief, and Kanjeng Raden Adipati, equal to a regent.

Both Amien and Akbar are likely to be considered as highly as regents. "Who will get what will be decided by the sultan," said Dipokusumo.

Those granted royal titles are expected to help retain the kraton's dignity as well as develop the royal culture. However, Dipokusumo said there was no monitoring board to later evaluate the behavior of those bestowed with royal titles.

No money should be paid to the palace for the royal titles, at least not for Dipokusumo as he said: "I do not know about the others, but I myself have never accepted any payment or bribes from people for granting them royal titles." Those bestowed with royal titles should pay only Rp 50,000 (US$5.80) for a certificate.

The advantage of becoming a royal is a question of prestige, not material gain. With the bestowing of titles, more "district chiefs" and "regents" will be among the populace by the end of this month.

Foreigners Fanned Separatism: Megawati

Jakarta Post - September 24, 2003

Fabiola Desy Unidjaja, New York -- President Megawati Soekarnoputri says foreigners have been helping rebels in troubled provinces Papua and Nanggroe Aceh Darussalam to fight for independence from Jakarta.

Speaking before members of the Indonesian community in New York, the United States, on Monday, Megawati said most of the foreigners had entered the country on tourist visas. "Some of them arrive on tourist visas and go to the provinces supporting independence ... we cannot afford to be stupid," said Megawati, who is in the United States to address the United Nations General Assembly on the country's antiterrorism drive.

On Tuesday afternoon, she is scheduled to hold bilateral talks with US President George W. Bush. The two provinces, according to Megawati, have always attracted foreign interest due to the huge reserves of natural resources there. "During the tenure of founding president Sukarno, my father, world tycoon Onassis even asked Sukarno whether he could lease Papua for 30 years for a few billion dollars," said Megawati, referring to Greek shipping mogul Aristotle Onassis.

Earlier, Minister of Justice and Human Rights Yusril Ihza Mahendra said the government had decided to revoke the visa-free facility for citizens of some of the 48 countries currently enjoying the facility, after discovering that a number of foreign non-governmental organization activists and researchers had fanned separatism aspirations in the troubled provinces of Aceh and Papua.

Yusril said such activities had gone on for many years. "The government must take preventive measures to ensure the sovereignty of Indonesia," he said.

Megawati underlined on Monday that NAD and Papua were integral parts of Indonesia and that the state would do whatever it took to keep the country's territory intact. "We have to share the same perception that Aceh and Papua belong to Indonesia ... if they think they have the right to become independent, then I say every state has the right to defend its territorial integrity," Megawati said.

Megawati said the government would never bow to the independence demands from separatist groups in the provinces. "I believe most Acehnese want to stay as Indonesians, only four of 19 regencies in the province are dominated by the separatist movement," the President said.

The government has been striving to stamp out separatist movements in both provinces. The government put Aceh, where the separatist Free Aceh Movement (GAM) has been fighting for independence for the resource-rich province for 27 years, under martial law on May 19 after a fragile peace agreement signed in December collapsed. Close to 1,000 rebels and dozens of government troops have been killed since then.

For Papua, on the other hand, the government decided to divide the province into three and sent more troops there, moves seen by many analysts as a systematic attempt to weaken the Free Papua Movement (OPM), a poorly organized rebel group fighting for independence since the 1960s.

Earlier this month, the government issued a ruling banning all foreigners from entering the two provinces. Megawati further said that Indonesia should not overreact to the special attention given to the two provinces by the international community.

Asked about human rights conditions in the two provinces, Megawati said Indonesian officials should be consulted before any human rights reports written by foreigners were taken seriously. "There are many biases in those reports and we should check whether those reports are true or not," she said.

On the possibility of returning to the negotiating table with GAM, Megawati said that the government had exhausted all peace efforts to end the problems. "But remember it was they who refused to go with the peace plan," said Megawati, referring to the failed truce signed in December.

 Environment

Akbar advises promotion of water resources bill

Jakarta Post - September 27, 2003

Muninggar Sri Saraswati and Kurniawan Hari, Jakarta -- House of Representatives' Speaker Akbar Tandjung defended on Friday the water resources bill despite protests from some quarters, and asked lawmakers to inform the public about the contents of the bill before approving it.

He said the bill was needed to improve the well-being of the public. The bill, he said, was in line with a decree issued by the People's Consultative Assembly (MPR) in 2001 on agrarian reform and natural resources conservation.

"Water has become a serious problem. If it remains unmanaged, we may well face a water scarcity some day," Akbar told a plenary session which marked the closing of the House's 45-day session.

Akbar called on lawmakers to focus on water as a basic human need, which had to be accessible to the public. He warned legislators against encouraging the overexploitation or privatization of water.

In response to public outcry over the deliberation of the water resources draft bill, State Minister for the Environment Nabiel Makarim has promised to bring their complaints to the House. "We will recommend that the House listen to the public," he told The Jakarta Post on Thursday in his office.

He praised the public for voicing their objections to the bill's deliberation, but stopped short of saying whether his office had any objections to the bill.

The bill is widely protested for what opponents and critics say its failure to address the interest of the common people.

The deliberation of the bill, which was initially expected to be completed this week, has been postponed following public protests.

The House went into recess on Friday and will resume its session on October 24. The bill is expected to be passed into law by the end of the year.

Many have said the bill was drafted with the sole purpose of commercializing water, as the bill considers water a commodity. For example, an article in the bill stipulates that a province may export water with approval from the central government.

Early this year, the Ministry of Settlement and Regional Infrastructure announced its plan to export water from Riau to neighboring Singapore.

Critics also say the bill has failed to address issues on water resources conservation. Minister of Settlement and Regional Infrastructure Soenarno had said earlier that conservation issues would be addressed in other laws, prompting critics to charge that the ministry only wanted to exploit water, but placed the burden of conservation on other ministries, such as the environment ministry and forestry ministry.

Nabiel pointed out that water was a critical issue, as people could not predict the state of future water supplies.

"We don't know about the future quantity nor quality of water supplies, they depend on the quality of the environment," he said, adding that illegal logging remained a major problem in the country's efforts to protect its environment and thus, its water resources.

The ministry has announced that Java, Bali and East Nusa Tenggara have suffered the most from water shortages this year. Sumatra, Kalimantan, Sulawesi, Maluku and Papua still have vast water supplies of 453.6 billion cubic meters, against 23.7 billion cubic meters of demand.

However, recent data from the environment ministry indicated that water demand in those provinces will increase to 26.8 billion cubic meters by 2020, while supplies will decline due to unchecked deforestation.

Data from the forestry ministry this year revealed that some 43 of 120.35 million hectares of forests have been devastated by illicit activities, with a degradation rate of 2.1 million hectares per year.

The affected forests are mainly located in Nanggroe Aceh Darussalam, North Sumatra, Riau, Jambi, West Kalimantan, Central Kalimantan, East Kalimantan, Central Sulawesi and Papua.

State Minister Research and Technology M. Hatta Radjasa has also voiced his objection to an article in the bill, which stipulates that the private sector may modify the weather through cloud seeding. "It might potentially create regional conflicts," he said.

 Health & education

Indonesian colleges breed violent students

Straits Times - September 30, 2003

Devi Asmarani, Jakarta -- Schools are the new breeding grounds for violence in Indonesia if the murders and acts of brutality at colleges and universities over the last month are anything to go by.

These unconnected incidents reflect the stark realities of campus life these days -- physical toughness coupled with total submissiveness to seniors is the only way to social acceptance.

The state-run Institute of Public Affairs (STPDN), where freshman Wahyu Hidayat was beaten to death by senior students earlier this month, is an extreme example of violence breeding violence.

Senior students there brutally bash new students, most of whom are being groomed for promising posts in the civil service. It is part of a twisted "character building" programme that freshmen are subjected to during their first two years. By the time they reach their final year, they are out for blood themselves.

Many students who cannot take the abuse end up fleeing the sprawling complex that houses their dormitories in West Java. Some unfortunate ones who decide to stay suffer permanent injuries. At least three have died since the college's inception in 1992.

For years, faculty members and officials have looked the other way, often hushing up incidents to prevent police investigations. Those who come to STPDN's defence say its military-style education system makes it unique, but that is not how it looks.

Earlier this month, a student was killed in a clash between two rival organisations in the Indonesian Muslim University in Makassar, South Sulawesi. At the Veteran University in Jakarta, a fight between students from two different departments left three severely wounded. Two people have also died in as many years in college initiation rites.

There have been endless calls on the government to ban such practices at universities. But in a country where even teenage boys slug it out with students from rival schools in a sort of rite of passage, a campus ban is not going to stop the culture of violence.

Said noted psychologist Sartono Mukadis: "Violence has become the lingua-franca of our people. It is the most communicative language because it gets attention, rather than civil talks."

But the language of violence has spread too far. People here have seen too much of it at every level of society. They want that to change, and the college which produces civil servants looks like a good place to start.

 Bali/tourism

Tourist arrivals down 20% to August

Reuters - October 2, 2003

Jakarta -- The number of tourists visiting Indonesia fell in August, nearly a year after the Bali bomb blasts, while arrivals fell almost 20 percent in the first eight months of 2003, the statistics bureau said on Thursday.

"The number of foreign tourist arrivals in August was still lower compared with last year, by 12.6 percent," said Mila Hertinmalyana, head of tourism statistics at the bureau.

She said about 368,000 visitors arrived in the world's most populous Muslim country in August. The number of visitors to the main tourist island of Bali, where Muslim militants blew up two nightclubs on October 12 last year killing 202 people, was down 27.37 percent in August, compared with the same month a year ago, to 121,236.

Arrivals in the capital, Jakarta, where a bomb tore through the luxury JW Marriott Hotel on August 5 killing 12 people, were down 20.4 percent for the month to 84,572.

Indonesia has forecast about 4.5 million foreign tourist arrivals this year, from about five million last year. From January to August, arrivals were down 19.7 percent at 2.3 million. Arrivals in Bali were down 35.2 pct at 650,723 in the same period.

 Islam/religion

Muslims tell it like it is for 'unloved' Americans

New York Times - September 30, 2003

Jakarta -- A group of Indonesian Muslims, handpicked by the US Embassy here for their moderate views, told an expert panel from Washington in plain terms last week why America is unloved in the Islamic world.

The problem is policy, not public relations, said Ms Yenni Zannuba Wahid, 28, daughter of former president, Abdurrahman Wahid. Ms Wahid has been studying at Harvard university for the past year.

"There is no point in saying this is a problem of communication," she said after a videoconference with the advisory group on public diplomacy in the Arab and Muslim world.

The panel is to report to the White House and Congress tomorrow and has been asked to come up with some rapid solutions to anti- Americanism in the Muslim world.

"The perception in the Muslim world is that the problem is the policy towards the Israeli-Palestinian conflict and Iraq," said Ms Wahid. It would help to alleviate, but not close, the distance between the Muslim world and the US if Washington would explain its policy.

Another panelist criticised America's preoccupation with Islamic fundamentalists. "Every country has fundamentalists," said Muslim magazine publisher Zaki Mansoer. "I think Billy Graham Jr is a fundamentalist," he said of the Reverend Franklin Graham, who has called Islam "a very evil and wicked religion".

The dialogue with Indonesians was intended to give the panel a sample of opinion in the world's most populous Muslim country. America's standing was damaged most by the perception that the Indonesians the US 'picked on' were fundamentalist believers in Islam, the panel was told.

These people had a right to practise that form of their religion just as fundamentalist Christians did in America, Mr Mansoer said.

FBR raid nightspots, make threats

Jakarta Post - September 29, 2003

Tertiani ZB Simanjuntak, Jakarta -- About 150 members of the Betawi Brotherhood Forum (FBR) raided a number of nightspots in Cilincing area, Muara Baru and North Jakarta, early Sunday morning, ordering the venue's owners to shut down business within a week.

Mostly on motorcycles, the group of men claiming to be native Jakartans, threatened to return the following week to see whether the bars and entertainment spots -- which they said were immoral and existed due to non-Jakartans -- were still running. "These places are obscene ... If they have not closed when we return, we will burn them down," one of the members, Situ, said. The group dispersed at about 2 a.m. while patrolling police officers watched from a distance. None of the nightspots' owners were available for comment.

Jakarta Police chief Sr. Comr. Makbul Padmanegara said on Sunday morning that civilians had no right to take the law into their own hands and that the police would closely investigate the matter. FBR has become known in the city for their repeated hostility toward the Urban Poor Consortium and its leader Wardah Hafidz, who have strongly criticized the city administration's discriminatory policies toward the poor.

The latest attack by the FBR was on the office of the National Commission on Human Rights (Komnas HAM) last year. A Komnas HAM staff member and several people, who were filing a complaint with the rights commission, were injured.

The Central Jakarta District Court, in April, sentenced six FBR members to six months in jail for instigating the attack and damaging the Komnas HAM office.

Jakartans witnessed a string of attacks on bars and restaurants here by members of the Islam Defenders Front (FPI) several years ago, until the police arrested FPI's leader Habib Rizieq Shihab on October 16, 2002.

The arrest was made days after the FPI disbanded in the aftermath of the Bali bombings. But the group reformed early this year. Rizieq said his actions were motivated by Islamic teachings, and that the venues, that sold alcohol, were places of sin.

The Central Jakarta District Court sentenced Rizieq to seven months in prison for causing unrest among the community and disturbing public order last August. Having already spent four months in police custody, Rizieq is set to be released from Salemba Prison, Central Jakarta, in November.

 Armed forces/police

'Low reforms, failed democracy'

Jakarta Post - September 30, 2003

A'an Suryana, Jakarta -- Frustrated with the protracted economic crises, stalled reforms and poor law enforcement, the general public are now more inclined to look favorably at a regime akin to the military-backed New Order, posing a threat to the consolidation of democracy in the country, according to a survey.

A survey conducted by the Indonesian Survey Institute (LSI) showed that only 29.3 percent of 2,240 respondents still opposed the military's involvement in politics, compared to 54 percent in 2001, suggesting that the people were becoming more receptive to the return of the military to the country's political stage.

"The trend serves as a wake-up call for the consolidation of democracy in Indonesia," said Saiful Mujani, a senior LSI official, at a press conference here on Monday.

The nationwide survey involved direct interviews from August 1 to August 14 excluding Aceh, involving 2,240 respondents chosen randomly, with an error margin of three percent.

Some 42 percent of respondents live in urban areas, while the rest live in rural areas.

Similar surveys conducted since 1999 suggested that more and more people were becoming receptive to the military. In 1999, at least 44.8 percent of respondents opposed any military regime, while the figure rose to 54 percent in 2001.

The percentage of people rejecting a military regime dropped to 47.7 percent in 2002, and it reached the lowest level at 29.3 percent this year, in tandem with the government's inability to resolve the current economic crisis, pursue the reforms initiated in 1998 and restore peace and order in conflict areas.

The survey also showed that anti-New Order sentiment had fallen to 25.9 percent in 2003, indicating a consistently declining trend from 39.1 percent in 2002, 59.6 percent in 2001 and 68.2 percent in 1999.

"It shows that the people prefer to live under the New Order regime than under today's reform regime," Saiful said.

According to the survey, the increasing support for the bygone New Order regime is attributable to the poor economic performance since the start of the economic crisis in 1997.

The unemployment figure stood at 40 million people last year, and the quality of education has declined, while Indonesians living in extreme poverty remains at 7.2 percent, as it rated in 2001.

The United Nations Development Program (UNDP) ranked Indonesia 112th out of 175 countries surveyed in its Human Development index published this year. The post-reform regimes, beginning with B.J. Habibie's administration and to the current government under President Megawati Soekarnoputri, have failed to live up to people's expectations in economic reform, leading people to feel that the New Order regime fared better than its successors, concluded the survey.

In terms of political stability, the people also believed that the New Order regime fared better than the reform regimes.

Separatism and sectarian conflicts, for example, have not yet been resolved, although they have been ongoing for five years. Law enforcement has not improved, while corruption continues unchecked and unabated.

All these unresolved issues have reminded the Indonesian public of the "good old days" under the New Order government, said the survey. Several other surveys have shown that the people's trust in political parties continued to decline.

Takashi Shiraishi, a member of the LSI Advisory Board, said during the presentation of the survey that the government must improve economic performance in order to prevent the Indonesian public from reminiscing over the Soeharto regime.

He said the current government, for example, had to raise economic growth -- currently at 4 percent -- in order to create jobs to appease public discontent.

 International relations

Megawati calls for rethink of West's policies

Melbourne Age - September 25, 2003

Marian Wilkinson, Washington -- Indonesian President Megawati Soekarnoputri has called on the West to re-examine its strategy in the war on terrorism in a tough address to the United Nations that sets her at odds with both Washington and Canberra.

Speaking at the UN General Assembly shortly after US President George Bush, Mrs Megawati said that in order to deter or eradicate the problem of international terrorism, "countries whose citizens become the main target of terrorist groups should review their conventional anti-terrorism policies, particularly in dealing with the Arab-Israeli conflict".

She said many Muslims in Indonesia believed that once the major powers "make clear their impartiality in the Middle East, then most of the root causes of terrorism perpetrated in the name of Islam, which in any circumstances cannot be justified, would have been resolved".

Mrs Megawati also said the Iraq war "has created far more problems than those it intended to solve".

Her unusually strong public comments come just as Washington is attempting to press forward on military and intelligence co- operation with Indonesia.

Just a few hours earlier, Mr Bush had demanded that all members of the UN exercise "moral clarity" in the war on terrorism, saying there was no "neutral ground". Since September 11, he told the UN General Assembly on Tuesday, there was the "clearest of divides" between "those who honour the rights of man and those who deliberately take the lives of men and women and children without mercy or shame".

Mrs Megawati's comments also undermined earlier comments by Foreign Minister Alexander Downer that Indonesia should be considered for a seat on an expanded UN Security Council.

While strongly condemning the "few but fanatical" Muslims who espouse terrorism and underscoring her Government's role in bringing the Bali bombers to trial, Mrs Megawati urged world leaders to look at the "root causes" of violence and reminded them she was speaking as the head of the largest Muslim state in the world. She also rejected human rights criticisms over Indonesia's military operations in Aceh and Papua.

Earlier, speaking to a breakfast for the American-Indonesian Chamber of Commerce, Mrs Megawati said Indonesia "will never let any group or movement break up our unitary state", adding this was a "non-negotiable" principle.

On September 20 a large delegation of Indonesian security officials had been welcomed in Washington. Indonesian Security Minister Susilo Bambang Yudhoyono met Deputy Defence Secretary Paul Wolfowitz, US Secretary of State Colin Powell and FBI director Robert Mueller.

However, despite what both sides called "productive talks", the US refused to grant Indonesia direct access to the recently captured Indonesian terrorist chief Hambali, who is in US custody.

 Economy & investment

Government nixes power rate rise

Jakarta Post - October 1, 2003

Fitri Wulandari, Jakarta -- The government has finally decided not to increase electricity rates for the October-December period this year, amid strong public opposition ahead of next year's general elections.

Minister of Energy and Mineral Resources Purnomo Yusgiantoro said the decision was taken to help ease the burden of low-income people, and in consideration of the stabilized rupiah.

"The government decided there's no need to increase electricity rates," he told reporters late on Tuesday, adding that President Megawati Soekarnoputri issued Presidential Decree No. 76/2003 on the cancellation of October's hike plan.

Presidential Decree No. 89/2002 permitted state electricity company PLN to raise electricity rates each quarter starting early 2002 until 2005, when the average rate is expected to reach 7 US cents per Kilowatt hour (Kwh), a rate that would allow the ailing PLN to enjoy a profit.

The rate hike policy has been strongly protested by various parties.

House of Representatives Commission VIII on mining and energy recently urged the government to cancel the rate hike, arguing that the rapid appreciation of the rupiah against the US dollar should have eased the financial burden of PLN, whose operational costs are mostly in dollar terms. The lawmakers also argued that the current average rate at Rp 574 per Kwh, or 6.79 US cents, was already near the commercial value of 7 cents.

Purnomo had indicated earlier that the government might not increase the power rates if the rupiah stabilized at between Rp 8,200 and Rp 8,300 per US dollar.

The rupiah has averaged 8,300 to the dollar for the past several months.

Purnomo said yesterday the government would take the development in the rupiah into account when deciding on the electricity rates for next year. "There's an indication that the rupiah will strengthen further." According to a PLN report, the company would have suffered some Rp 300 billion in losses this year if the government had decided not to increase the power rates for the October-December period. If the power rate increase had been approved, the average cost would have reached Rp 610.62, or 7.18 cents per Kwh.

Moody's upgrades Indonesia's rating

Jakarta Post - October 1, 2003

Jakarta -- Moody's Investors Service, an international rating agency, has upgraded Indonesia's sovereign rating by one notch, in light of the country's stronger external financial footing and falling government debts.

The country's rating was raised from B3 to B2 on Tuesday in what economists called "a vote of confidence" in the government's ability to service its foreign debts next year, after its borrowing program with the International Monetary Fund (IMF) ends this year.

The new rating is still five levels below investment grade. Nevertheless, the upgrade should help ease investors' fear that the government would stick to its economic reform programs without the IMF's presence, Standard Chartered economist Fauzi Ichsan said.

"It's perfect timing. When the decision (on exiting the IMF program) was made, many doubted the government's commitment to economic reform, (so) the upgrade should reduce such concerns," Fauzi told The Jakarta Post. He added that it was also an indication that the government was on the right track to shaping up the economy.

Moody's says Indonesia's plan to finance its exit from the IMF program appears achievable in 2004, "provided there are no major shocks to confidence that could affect private capital flows".

Another rating agency, Standard and Poor's, had made a similar move in May.

The rupiah was the first to benefit from the news. The local currency closed on Tuesday at Rp 8,410 per US dollar, stronger than 8,420 the day before. The rupiah even reached an intraday high of 8,385 before heavy dollar buying pushed it down, dealers said.

Dealers also attributed a 0.1 percent rise in the Jakarta Composite Index to Moody's upgrade. The stock index closed at 597.65, down from an intraday high of 601.19.

"The rating improvement should not only help the rupiah, but also help in raising investors' interest in plans to sell local assets, including Bank Internasional Indonesia (BII)," Fauzi said. A 71 percent stake in BII is up for sale in efforts to restructure the country's banking system.

Minister of Finance Boediono said the upgrade would help boost the interest of foreign investors to buy the planned $400 million sovereign global bond next year, the first bond issue since the economic crisis of 1997.

Moody's also said in a statement that Indonesia had been making progress in strengthening its external financial position, as evident in its rising foreign reserves.

It said the increasing foreign reserves, which now stand at US$33 billion, had certainly helped reduce the country's vulnerability to external shocks.

Moody's also pointed to the fairly steep decline in the government debt ratio, which is estimated to fall to 69 percent of the gross domestic product by year's end, from around 100 percent in 2000. This, in turn, should reduce the risk for investors in buying government debt.

However, while it predicated a stable outlook with the new ratings, Moody's reiterated that the country would still be facing uncertainties in times to come.

"Uncertainty surrounding the outcome of the 2004 elections and the threat of renewed terrorism are among the most important risks to the outlook.

"Nonetheless, these risks do not appear incompatible with a B2 rating," said Moody's.

Business confidence on the rise: Danareksa

Jakarta Post - September 29, 2003

Jakarta -- Indonesian business confidence rose in the June and July period for the first time since September last year, in the belief that the economy will fare better during the period of August 2003 until January 2004, according to a Danareksa Research Institute survey.

The survey also revealed that the Business Sentiment Index (BSI) rose by 2.1 percent.

The confidence of businessmen in the government, to provide a conducive business climate, also rebounded after sliding consistently since September 2002.

"Rising the fastest in the index measuring business executive index is the government's ability to drive the economy up on the back of a downtrend in the interest rate of Bank Indonesia promissory notes [SBI], which lends hope for loan rates to go down," the survey, which was released on Sunday, stated.

It said, that the continued decline in the SBI rate has presented upbeat expectations for companies to pay lower interest charges, while also offering reasons for bank time deposit holders to convert their deposits into investments in the real sector in an environment that appears safe and orderly.

Against these positive expectations, chief executive officers (CEOs) are adequately convinced that economic recovery will pick up. But the survey added,"without stronger fundamentals, the economic recovery story may end prematurely." The central bank, thanks to a continued benign inflation, has been slashing its SBI rate, with the current level -- of 8.66 percent -- an all-time low. The survey included more than 700 chief executives or directors, representing a wide variety of leading companies in various sectors, namely construction, agriculture, finance, transportation and communications, manufacturing and hotel and restaurant services.

The survey is designed to measure CEOs' assessments of the current economy and business conditions, and their expectations for the next six months.

IMF little more than 'mafia': Indonesian cabinet member

Antara - September 24, 2003

Malang -- During its presence in Indonesia, the International Monetary Fund (IMF) formed a "mafia" intent on choking and ruining the nation economcially, a cabinet member said.

"It took some time for us to realize that the IMF actually was forming a mafia through the disbursement of World Bank and Paris Club financial assistance. The IMF itself really wanted to choke and ruin our nation economically," said Kwik Kian Gie, State Minister of National Development Planning and head of the National Development Planning Board (Bappenas).

Speaking in a lecture at the Brawijaya University here, he said the IMF had tried to gain control over the Indonesian economy through various means, including unilterally-devised regulations.

The IMF had succeeded in extending its presence in Indonesia several times and had thereby gradually strengthened its mafia network in the country. "But fortunately, we eventually decided to cut our links with the IMF," he said.

Indonesia's cooperation with the IMF would end in December 2003 and as a concequence, the country would no longer be able to ask for a rescheduling of its debts due in 2004, Kwik noted.

But there was no reason to be worried because with its foreign exchange reserves totalling US$34 billion Indonesia was quite capable of paying its debts amounting to US$9 billion. "We have to cut off our cooperation with the IMF totally," he added.

He further noted the IMF had a formula whereby Indonesia's debt would decrease to US$3 billion in 2007. "At that time we can just get rid of the IMF, he said. Therefore, the minister said, the Indonesian government must work hard to convince the world that the country had the capability to pay its debts and did not need the IMF's assistance.

The Indonesian government unveiled its post-IMF blueprint on Tuesday. It provides for the selling of more state-owned firms and banks, creation of more jobs, increased exports, attraction of investment and maintainance of a tight buddget over the next 18 months. Officials said Indonesia would remain economically stable without the IMF's supervision.

The House of Representatives (DPR) on Tuesday asked the government to be consistent in implementing the post-IMF economic reforms and hoped the program could speed up the country's economic recovery. "All ministers must be serious in implementing the program and coordinating ministers must increase their role in ensuring the success of the program," Suryadarma, chairman of the House's Comission V, said.

He was responding to Presidential Instruction No.5/2003 on the package of the country's economic policies before and after the expiry of the IMF bailout economic program. Suryadarma said the House would step up its control over the implementation of the reform program which is contained in a document called the White Paper.

 Opinion & analysis

Revolution or war?

Jakarta Post Editorial - September 30, 2003

Two extraordinary reports appeared in this newspaper, on its National page last week. The first contained a strong warning coming from respected Muslim scholar Nurcholish Madjid that only war and revolution to restore the reform movement could rescue Indonesia from bankruptcy. The second concerned the House of Representatives, which during the entire August and September period was able to deal with only two of 30 draft bills tabled for deliberation.

It has become somewhat commonplace for many Indonesians to hear warnings that their country is close to becoming a failed state -- so common that they no longer take them seriously. However, when respected personalities such as Nurcholish Madjid, Muhammadiyah chairman Syafii Maarif and Catholic priest Franz Magnis-Suseno alert the nation, as they did during a seminar in Yogyakarta last week that the country's extinction was only a matter of time, we had better take notice.

In Nurcholish' words, only war and revolution to restore the reform movement could rescue the nation from bankruptcy. It is not difficult to follow his reasoning. The country is at the top of the list of the world's most corrupt nations, while acts of violence and terrorism are on the rise.

Undeniably, the legislature is most energetic in criticizing the government, which of course is one of its most important missions. But it often seems to be overdoing this criticism in carrying out its legislative duties. Take, for example, the case of the purchase of the Russian Sukhoi jet fighters. Legislators that were initially so noisy in blaming President Megawati Soekarnoputri for the deal have suddenly pretended to have forgotten their own threats to investigate the matter in the first place. The question that many people are asking is, why? There is a growing perception among the public that corruption and abuse of power among legislators, both at a national and regional level, is probably no less rampant than what is allegedly committed within the executive branch. At least, in the public's view, our legislators show their enthusiasm only in passing "lucrative" bills because of the big incentives that they allegedly stand to receive. Worse, the House is led by Akbar Tandjung, who has a court conviction hanging over his head for corruption. With such poor credibility, what can we expect from the House? The major political parties, which are busy accumulating the assets they need to finance next year's general election campaigns, have no time to think about acceleration of the reform process.

In the meantime, Megawati is busy complaining that the public does not appreciate the hard work she is doing, apparently forgetting that her achievement in creating political stability is due more to her inability to eradicate corruption, terminate abuses of human rights and let corruptors continue to have a free hand, rather than her own initiative. Despite Soeharto's downfall five years ago, the system that he created during his 32-year rule effectively remains intact, while corruption has worsened. It is difficult, therefore, to escape the conclusion that the pessimistic views of the scholars mentioned above are based on factual observation. But what can we do? We cannot wait for miracles to occur. The nation must act quickly if it wants to improve its standing among the civilized nations of the world.

When we look back on the process of Soeharto's downfall in 1998, we can see that the driving force behind the people's desire to oust the five-star general at the time was not the people who are now in top political positions. It was university students and academics who risked their lives to fight for the country's democracy.

Before Soeharto's downfall, many of us may have been upset at students' noisy street demonstrations. At that time, it was unthinkable to many that Soeharto could lose his grip on power merely because of some student movements. When Soeharto finally did quit, the role of the students was often belittled by those who thought their role much greater than that of the young activists.

We truly appreciate the initiative taken by Gadjah Mada University to hold a seminar in Yogyakarta last week. Within that context we hope that the university can and will revive the University Rectors Forum, which was also instrumental in ending Soeharto's rule. We need the voice of the campuses to restore the reform movement because of its high moral integrity. As things are at present, the reform movement is effectively dead, both in economic and political terms.

The people have abandoned trust and hope in the major political parties and their leaders. Still, our expectations from the university campuses and from those who have the capability to save the nation from yet another disaster, remain high. We are confident that our society is ready to contribute to efforts to restore the reform movement.

 History

Flags fail to fly half-mast on September 30

Jakarta Post - October 1, 2003

The Jakarta Post, Jakarta It was hard to find any national flags being flown at half-mast on Tuesday, signaling that many Indonesians have forgotten about the shadowy September 30 incident.

The September 30 incident refers to the night when alleged members of the military wing of the Indonesia Communist Party (PKI) abducted and killed seven Army generals in a failed coup attempt in 1965. This is the official government view but accounts of what actually transpired vary widely.

In Jakarta, there were few red and white flags flying at half- mast. Even the State Palace failed to lower the flag.

State Palace official Garibaldi Sudjatmiko blamed the oversight on the Ministry of National Education, which he said should have told the palace and other government offices to commemorate the incident and fly the national flag at half-mast.

The national flag also failed to be lowered in other cities throughout Indonesia, including Bandung in West Java, Solo in Central Java, Yogyakarta, and Surabaya in East Java. In those cities, the national flag only flew at half-mast at government offices, while residents did not fly the flag at all.

"We haven't got instructions to fly the national flag at half- mast, so we didn't do it," a Surabaya resident said.

The scene was repeated in areas outside Java, including in Bengkulu and Banjarmasin, the capital of South Kalimantan.

The scenes were in contrast to those under the military-backed Soeharto regime when government offices, schools and even civilian houses were ordered to lower the flag.

Soeharto was very much anti-PKI, and was the Army general who assumed a leading role in aborting the alleged PKI coup.

Meanwhile in Jakarta, high ranking active and retired Army generals gathered in Lubang Buaya in East Jakarta Tuesday evening where the September 30 tragedy took place.

In his speech, Gen. Ryamizard Ryacudu, the Army chief of Staff, said communism had not died yet and the nation must be vigilant to ensure communism was not revived in Indonesia.

He warned there was an indication that remnants of the outlawed PKI had used the media to form public opinion that the movement to crush the PKI in 1966 had violated human rights.

"The gathering is held in order to make us vigilant over the danger of the PKI revival," he told the gathering, attended by, among others, former Army chief Gen. (ret). Edi Sudradjat.

Separately, Muslim figures urged the government to fight poverty, because poverty had led to the communism movement, said Chalid Mawardi, the chairman of Majelis Dakwah Islamiyah.

Communism once took a leading role in Indonesian politics in the 1960s. Its only rival was the Army.

Meanwhile, House Speaker Akbar Tandjung urged President Megawati Soekarnoputri to attend the commemoration of the Sanctity Day of Pancasila on October 1, held in Lubang Buaya, East Jakarta.

October 1 was a turning point for the PKI, and through commemorating this day, the Soeharto regime wanted to show the people that the state ideology, Pancasila, could not be replaced by communist ideology.

Akbar said that October 1 was a great moment for all, which symbolized the demise of communism, so the President must not miss it.

President Megawati Soekarnoputri, daughter of founding president Sukarno who was ousted after the alleged coup, failed to attend the commemoration last year, drawing strong criticism from family members of the seven murdered generals.

Night of the Communists?

Jakarta Post - October 1, 2003

From whatever side one looks at it, by any measure the chain of events that was set in motion by what happened around October 1, 1965, constitutes a human tragedy so huge it deserves to be remembered.

But what was it precisely that happened? Unfortunately -- and oddly -- many of the details of what actually transpired during those fateful hours between midnight on September 30 and daybreak on October 1 all of 38 years ago still remain in the dark.

A "white book" issued by the State Secretariat as late as 1994 -- 29 years after the event -- tells us that what has since become known as the G30S affair was in effect a failed coup instigated by the now outlawed Indonesian Communist Party (PKI).

After years of patient plotting, which included attempting to subvert other political parties as well as the powerful military, the communists decided that the time was ripe for the party to make a grab for power by first eliminating the top leadership of the Indonesian Army.

Ostensibly, rumors that President Sukarno was seriously ill and that he was being treated by a team of Chinese communist doctors helped convince the PKI leadership that any further delay would be fatal to their plans and that the party had to act quickly.

So, in the small hours of October 1, 1965, a number of snatch squads of soldiers sympathetic to the plotters set out in trucks towards the homes of a number of marked Army generals to carry out their job of abducting the generals and thereby paralyze the army leadership.

Those who resisted were executed on the spot. The others were forcibly taken to Lubang Buaya, which belonged to the Air Force but which was being used by communist women volunteers training to fight in Sukarno's confrontation with Malaysia. There, according to official Army accounts, the military officers were tortured to death by mocking communist women cadres.

Six generals of the Army and one junior officer, a young lieutenant, were killed. Their bodies were thrown into an unused well from which they were later retrieved by Navy frogmen in full diving gear. As a consequence, grizzly stories made the rounds of the flesh having been stripped from the victims bodies by knives and eyeballs having been pried out of their sockets.

That, in a nutshell, is the established version familiar to all who lived and worked, or grew up and went to school, in Indonesia from the late 1960s well into the 1990s. A new era of reform has since started and demands are growing not only for basic civil rights and justice to be restored, but for history to be rectified. Historical assertions, so carefully constructed by New Order ideologues and historians, are currently being questioned.

It is tempting to believe that in the climate of democratic reform that has dawned after 38 years of authoritarian rule, Indonesians have become more capable of seeing historic events in a more humane perspective.

Yet, millions of Indonesians continue to live in the shadow of that dark period in their country's history when the harboring of any kind of leftist ideology was officially considered a crime. And worse, this perception of crime is even now being extended to include all those who are in any way related to the "PKI." For all these citizens who continue to be stigmatized for wrongs they never committed, the options and opportunities for work and social activity remain limited. They are denied certain jobs and they may find it difficult even to tie the knot in marriage with the partners of their choice.

But solace may be coming, in part if not in full, if plans to set up a truth and reconciliation commission materialize so that the conflicts of the past can be settled once and for all and the nation can continue on its course of building a better future.

For such a commission to be effective, however, the moral courage is required on the part of all those who were involved in serious crimes against humanity to openly acknowledge their past misdeeds. Unless they want the remnants of unresolved conflicts to continue hanging like a sinister shadow over this nation, that is what is needed.

'Accounts of September 30 need rewriting'

Jakarta Post - September 30, 2003

M. Taufiqurrahman, Jakarta -- A historian demanded on Monday that the government revise the historical accounts on the September 30, 1965 coup attempt, that has long been blamed on the now- defunct Indonesian Communist Party (PKI), as part of the nation's efforts to come to terms with the past.

Asvi Warman Adam, a noted historian with the state-run Indonesian Institute of Sciences (LIPI), said that after the demise of the authoritarian regime of President Soeharto -- under whose indoctrination Indonesians were led to believe that the PKI was the sole mastermind of the coup -- numerous versions of what had actually transpired during that time of turmoil had emerged.

"Some said that Soeharto himself was the mastermind who stage- managed the coup and was therefore responsible for its subsequent bloodshed. Others said that he was merely a puppet of foreign countries whose sole intention was to secure their interests. All this has caused confusion among the public," he told a seminar to commemorate the September 30 coup organized by victims of the tragedy.

Asvi said that the first and foremost casualties of the historical confusion were students, who, until now, were still taught a version of the country's history drawn up by the Soeharto regime.

"Teachers are still telling the same old story about the coup, because the contents of most history books remain the same," he said.

He regretted the fact that the efforts to rewrite the history of the coup had been hijacked by certain parties in the government. "The most pressing need now is writing the details of the events surrounding the coup. Instead, a team from the national education ministry is busy writing Indonesian history since the stone age," Asvi said.

In the abortive coup, seven army generals were killed. They were believed to be President Sukarno loyalists who were opponents of Soeharto's faction in the Army. Soeharto, then a major general, was commanding the Army's Strategic Reserves Command (Kostrad) at that time.

Under the command of Soeharto, who later succeeded Sukarno as president until May 1998, at least 500,000 people labeled as PKI members or supporters were believed to have been slain while millions of their descendants were, and still are, deprived of their rights as citizens.

This number does not include the members of the victims' families and relatives who were also killed in the carnage. The official number given by the government is 78,000 people, with 300 listed as nationalists or from religious groups.

Around 10,000 others were jailed on Buru Island, Maluku, most of them without standing trial. Many others fled overseas.

Meanwhile, an analysis said that the coup attempt represented the pinnacle of a struggle for power between the PKI, the Army and Sukarno -- the three most powerful entities in Indonesian politics at the time.

Max Lane, an Indonesianist from the Perth, Australia-based Murdoch University, said that the most important question that needed an answer was why the tragedy occurred in the first place, instead of who the mastermind was.

"We need to get an answer as to why the perpetrators of the mass killings felt compelled to commit these atrocities, what had caused them to fear so that they killed so many people, what the motivation was," he said. Lane said that answering these questions constituted a moral obligation of the older generation towards the young. "Most of our young these days are in the dark over the event," he said.

The final words of defiance

Jakarta Post - September 28, 2003

Lie Hua, Jakarta -- September 30, 1965, is a black day in the history of modern Indonesia. The assassination of seven generals in the wee hours of October 1 sparked a ghastly orgy of bloodletting and vigilantism in the ensuing months.

The murders were blamed on the Indonesian Communist Party (PKI), and hundreds of thousands of Indonesians (the actual number has never been documented) accused of being PKI sympathizers were slain or forced into exile.

The political consequences were also enormous. The country's founding president, Sukarno, ailing with kidney disease and other ailments, gradually lost his grip on power as Soeharto, one of the top Army leaders who, miraculously, was excluded from the September 30 hit-list, installed his New Order regime.

The 61 speeches collected in these two volumes, gleaned from a total of 103 unpublished addresses delivered between September 30, 1965, to Jan. 10, 1967, provide a wealth of information about the country's situation and the defiance of Sukarno in those fateful days.

It's for these very reasons that they could not have been published during the autocratic New Order regime, which collapsed with Soeharto's resignation in May 1998.

Sukarno (the book uses the old spelling of his name) was renowned as an ardent, dynamic orator. An eloquent, intelligent, well-read man, he could speak extemporaneously for hours, captivating the masses and fueling their revolutionary spirit.

The speeches take the reader back to that era, and also show the seething anger of this proud man. The collection opens with Soekarno's address at a national engineering conference on September 30, 1965, in which he urged the audience to continue building Indonesia's own brand of socialism.

There is an interruption of several days before the October 3 radio address to the nation concerning the attempted coup. In this address, he reaffirmed his position as Supreme Commander of the Indonesian Armed Forces and denied the allegation that the Air Force was involved in the abortive coup. He also warned members of the Army and the Air Force not to allow themselves to be pitted against each other.

But events were already spiraling out of his control. On October 16, Soeharto, then major-general, was installed as minister/commander-in-chief of the Army. In his address on this occasion, Sukarno refuted rumors that he had lost power and concluded by instructing Soeharto to carry out his duties to the utmost of his abilities.

Despite the inexorable change of leadership -- Soeharto taking charge, Sukarno an increasingly lonely figure at the top -- the latter's fiery speeches, which had stood him in good stead through the War of Independence against the Dutch and standing up to the "Neo-Colonial powers" in the late 1950s and 1960s, continued.

On March 11, 1966, there was a transfer of power of sorts to Soeharto (the document, however, has disappeared from the archives). Yet, it is interesting to note that in his address at the closing of the general session of the Provisional People's Consultative Assembly (MPRS) on July 6, 1966, Sukarno took pains to assert his power, emphasizing that his March 11 executive order to Soeharto was not to be construed as a transfer of authority, as was reported in the foreign media.

He reiterated that it was merely an order to Soeharto to ensure the government could run well.

In many of the speeches, it's not a case of reading between the lines for meaning; Sukarno's resistance to Soeharto is clearly evident. When speaking before the commanders-in-chief of the Army, Air Force, the Navy and the Police, for example, Sukarno said: "MPRS has appointed me the Supreme Leader of the Revolution. Honestly, not you Soebandrio, not you Leimena ...... not you Soeharto, not you Soeharto ..."

It's telling that Soeharto's is the only name repeated twice.

He tried to defend his power on every occasion, speaking like a supreme commander, even as control was wrested from his grasp by a younger, more powerful usurper.

In the last address in this collection, supplementing his accountability report to the MPRS on Jan. 10, 1967, he sounds like someone desperately trying to defend himself.

"If you talk about Truth and Justice, I also demand Truth and Justice. ... Is it fair that I alone must be responsible for the drop in our economy? ... I don't think it is fair to hold only one person responsible for all these matters."

They are the words of a fallen hero, a leader who once commanded respect from his people and gave orders at will who is now seeking pity as his world crumbles around him. That is the real lesson of history.


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