Aceh

Komnas HAM asks government to end military emergency

Kompas - October 11, 2003

Jakarta -- The Aceh Ad Hoc Team from the National Human Rights Commission (Komnas HAM) has asked the government to immediately reduce the security status in Aceh from a military emergency to one of civil order. If the military emergency continues the political aspirations of the Acehnese people will be able to be expressed during the 2004 general elections.

This call was one of the recommendations of the Ad Hoc Team after concluding its fifth visit to Aceh between September 29 and October 4. The head of the team, MM Billah, said that it was important to end the military emergency because the elections must be held in a peaceful and conducive atmosphere. Furthermore, requests or calls to end the military emergency have come from the hearts and true feelings of the Acehnese people.

"If the military emergency is extended, there will be no election in Aceh. This means it will undermine the position of the government itself, which is flagrantly ignoring the civilian and political rights of its citizens", said Billah who was accompanied by team members Bhatara Ibnu Reza and Suratman in Jakarta on Friday October 10.

The team is still finding indications of human rights violation and violations of humanitarian law such as murder, torture, the disappearance of people and rapes which are being perpetrated by both warring sides [the Indonesian military and the Free Aceh Movement].

"Presidential Decree Number 28/2003 which is the legal basis for the military emergency and for the prosecution of the military operation is the starting point of the spread and expansion of the war in Aceh. All of this has obviously brought with it the consequence of people being killed, wounded and forcibly disappeared, either from the two warring sides as well as civilians", said Billah.'

Billah revealed that over the five months of the military emergency his team had received 105 complaints though the Komnas HAM representative offices in Banda Aceh and their posts in Lhokseumawe and Bireun. Meanwhile, based on the results of the investigation and compilation of information from witnesses, the team not only found indications of human rights violation and violation of humanitarian law but also violations of the criminal code.

"Information which we obtained in Takengon indicated that illegal logging is being carried out by the military which is resulting in destruction of the environment. The timber which they gather is entrusted with timber businesses so that if a raid occurs, the ones who are arrested are the owners of the timer companies", revealed Billah. (LAM)

[Translated by James Balowski.]

Acehnese woman activist denies treason charges

Jakarta Post - October 10, 2003

Nani Farida, Banda Aceh -- An Aceh woman activist denied on Thursday the treason charge leveled against her, saying she had campaigned for a referendum as part of efforts to settle the prolonged conflict in the province.

"A referendum is demanded by the Acehnese to end the conflict," Cut Nurasyikin told the Banda Aceh District Court.

Prosecutors are seeking a 14-year jail sentence for Nurasyikin for her role in a rally to demand a referendum in November 1999. Prosecutors also have charged the woman with negotiating with Free Aceh Movement (GAM) rebels in December 2000.

Nurasyikin, who chairs the Srikandi Aceh non-governmental organization, was arrested at her house shortly after martial law was imposed in Aceh on May 19 of this year. Police accused her of leading Inong Balee, the woman's wing of GAM.

The same court sentenced another woman on Thursday to 22 months in prison for aiding GAM rebels. Cut Murniati, 25, who is married to a GAM member, was found guilty of treason.

Presiding judge Maratua Rambe said Murniati admitted to having helped her husband, Saidi, alias Rano, a member of the GAM military wing. After consulting with her lawyers, Murniati said she would not appeal the verdict. Prosecutors had demanded 30 months in jail for Murniati.

In a separate courtroom, defense lawyers for GAM negotiator Teungku Sofyan Ibrahim Tiba asked the court to dismiss terrorism charges against their client because of a lack of evidence. "Taking part in talks to settle the conflict in Aceh is a respectable task that would save thousands of lives," Adnan Buyung Nasution, who leads the team of defense lawyers, told the court.

Buyung said the level of violence in the province declined significantly after a peace agreement was signed in December last year and before martial law was declared. "So the negotiations benefited the people. They should not be criminalized," he said.

The lawyers said there was no evidence that could be used to try their client on terrorism. They said Law No. 15/2003 on terrorism could not be used against Sofyan because it is not retroactive. The defendant is charged with acts of terror that allegedly took place between June 2000 and his arrest days before the imposition of martial law in Aceh. The terrorism law took effect early this year.

Court martial clears 12 soldiers of assaults in Aceh

Agence France Presse - October 10, 2003

Banda Aceh -- A court martial in Aceh province on Friday cleared 12 soldiers of beating villagers during a hunt for separatist rebels in the province.

The twelve were on trial for assaulting about 50 residents at two villages in North Aceh's Dewantara area in late August after they failed to give information on the whereabouts of Free AcehMovement (GAM) rebels.

The military on May 19 began an all-out offensive aimed at crushing GAM.

Military judge Major Trias Komara told the soldiers, whose ranks range from private to sergeant, they were found not guilty because witnesses had not been able to identify their attackers.

Prosecutors had recommended jail terms of up to three months and accused the soldiers of kicking the villagers and assaulting them with rifle butts and rattan sticks.

Komara, despite finding them not guilty, warned them not to repeat their actions because it will "only lead to an extension of martial law and more victims, both civilians and security forces". Komara also said the twelve would also face disciplinary punishment from their superiors. He gave no details.

'Aceh has buried special autonomy, sharia law'

Jakarta Post - October 9, 2003

Amid the ongoing military operation to quell the armed rebellion in Aceh, it is very difficult to meet with GAM leaders. Ishak Daud, GAM Commander for East Aceh gave an exclusive interview to The Jakarta Post's Tiarma Siboro at his base camp in an undisclosed area in the province recently.

Question: Why are the Acehnese people not interested in special autonomy and sharia (Islamic law)?

Answer: Special autonomy and sharia are two things the Acehnese people demanded almost 60 years ago and most of those who aired those demands have already passed away, while the present generation has forgotten it since the government rejected it.

We commenced the struggle for independence when the government failed to fulfill its promise on the special autonomy to enable us to manage own affairs under our own authority.

More blood will likely spill in our own homeland because the Indonesian government wants our people to continue suffering. Now they are only demanding freedom and want to live in peace.

Please, stop the war, terror and intimidation to avoid more bloodshed and let them determine their own future. If Jakarta is confident that most Acehnese people are happy to be part of Indonesia why doesn't it hold a self-determination referendum.

Do you think that the Indonesian government has deceived the Acehnese people?

Yes, I do. History has noted that Aceh played an important role in fighting for Indonesia's freedom from Dutch rule and the British and Japanese occupation. Under the leadership of Teungku Daud Beureueh, Aceh stood behind the newly born Republic of Indonesia. The country's first President Sukarno even declared the province as a capital region of Indonesia.

Indeed, founding president Sukarno, the father of President Megawati Soekarnoputri, asked the Acehnese people to put aside a part of their income to contribute to the country's revolution in the 1940s to achieve advancements in all fields.

Unfortunately, Jakarta dissolved Aceh province in 1951 and put it under North Sumatra province with Medan as the provincial capital. It meant, there was no more autonomy for Aceh.

Even worse, Sukarno hit the Acehnese people's heart in 1953 when he said in his campaign for Papua's integration into Indonesia that Islam could not be taken as a state ideology for Indonesia.

When did the armed rebellion begin?

The Acehnese people took up arms against Indonesia in 1976 under the leadership of Hassan Tiro who at the time had just returned from his studies in the United States, in their resistance to the way the Indonesian government has mistreated Aceh.

Bloodshed has continued in our own land until today since tens of thousands of innocent people have been killed and imprisoned without trial.

GAM Commander Muzakkir Manaf and I were born during Tiro's dream (to free Aceh from Indonesia's occupation) and we are among thousands of people who have witnessed the Indonesian Military's repression of Aceh over the last three decades.

Do you think GAM will win the war?

From the military point of view, the war looks imbalanced as GAM has to face some 35,000 military personnel armed with sophisticated war machines. But it won't kill GAM and the independence spirit that has been internalized by all Acehnese people. GAM will continue to exist and we have won the hearts of the people.

Are you tired?

No, I'm not. I will never tire of fighting for our freedom and will continue to seek international recognition from democratic countries because we have sacrificed our lives to that extent ... you all know how many innocent people have been killed, our brothers, our families, our wives... and such actions will create only pseudo peace in the province.

When did you join GAM?

I joined GAM in 1986 while I was living in Singapore. I underwent paramilitary training in several foreign countries in 1988 and moved to Malaysia until the Malaysian authorities deported me in 1991. I returned home to face trial and prison. I am happy the struggle is still going on.

Where does GAM get its arms supply from?

We purchase guns from numerous parties, including certain individuals and overseas brokers.

How do you maintain communication with GAM leaders in-exile?

I open myself to everyone, even to soldiers who frequently contact me. We maintain telephone contact regularly to report on the latest developments in the war. So far there is no significant problem in communications with the exiled GAM leaders in Sweden. Every day our commander, Muzakkir Manaf, makes contact with GAM's political wing in Sweden. And the instruction is clear.

Maybe they (the military) are correct in saying that we (GAM) are currently disorganized. But in guerrilla warfare, the weaker party should step back before it moves to strike back.

Alleged GAM bombers go on trial

Jakarta Post - October 9, 2003

Apriadi Gunawan, Medan -- The Medan district court is scheduled to begin the trial next week in Medan of 11 alleged members of the Free Aceh Movement (GAM) on charges of planting bombs in three separate locations in Medan last year and early this year.

This was announced on Wednesday by the president of the Medan District Court, Sulthoni Muhdally, after he received the files on the 11 defendants from the head of the Medan prosecutors' office, Nawir Annas.

"If there are no holdups, the first trial will begin next week," Sulthoni told reporters at his office, adding that he would soon appoint the judges to preside over the trials. The 11 defendants would be tried separately, he said.

Security, provided by both police and soldiers, would be tight, with only a limited number of spectators being allowed into each courtroom. To enable those spectators excluded from the courtrooms to witness the trials, the district court would provide closed circuit televisions outside.

According to Sulthoni, the district court would begin on Thursday arranging the schedule for the trials of the 11 defendants and the judges who will hear them.

Meanwhile, Nawir said that the Medan prosecutors' office would charge eight out of the 11 defendants with terrorism under Antiterrorism Law No. 15/2003. The three other defendants would be charged with treason under State Emergency Law No. 23/1959 and the Criminal Code, he said. "All the charges carry the death sentence. But, whether they will get death depends on what happens in court," Nawir told The Jakarta Post.

The eight defendants charged with terrorism are alleged to have been involved in a bomb blast that occurred in the parking lot of Medan City Hall on March 31, and another one at a gas installation belonging to state-owned oil and gas company Pertamina on Jl. Yos Sudarso here on April 1. No fatalities were reported in either incident.

These eight defendants are Deli Manaf Abdi, 62, the alleged GAM commander overseeing Medan; Tengku Johan, 68, an alleged GAM spiritual leader; Masrul, 40, the alleged GAM military commander overseeing the Medan-Deli area; Ridwan, 34, an alleged GAM intelligence operative in the Medan-Deli area; and three other alleged members of GAM operating in the Medan-Deli area Musliadi, 25, Anwar Adam, 32 and Tengku Said Azhar, 40.

Meanwhile, the three defendants charged with treason are alleged to have been involved in a bomb blast at the Hotel Best Western Asean International on August 17 last year. No casualties were reported in the blast.

The three defendants are Muhammad Yahya, 48, the alleged GAM deputy commander overseeing the Medan-Deli area, Abdullah bin Sulaiman, 39, an alleged GAM intelligence operative and Teuku Mustafa Halim, 45, an alleged GAM treasurer.

All 11 defendants are now being detained at the Tanjung Gusta penitentiary in Medan. Nawir said that the Medan prosecutors' office had appointed four of its staff to prosecute the 11 defendants.

Aceh rebels are greatest threat: Yudhoyono

Agence France Presse - October 9, 2003

Indonesia's chief security minister Susilo Bambang Yudhoyono said that separatist rebels in troubled Aceh province are the country's greatest threat, well ahead of terrorists. "Our top national security priority is fighting armed separatisms in Indonesia and here the most serious military threats came from the armed rebels in Aceh," he told a conference in Canberra Thursday.

While there was also separatism in Papua province, this was "relatively minimal" as a military threat, he said, while Indonesians had even debated whether terrorism really existed in Indonesia at all.

Indonesia has declared martial law in Aceh and banned most foreigners from the Sumatran region. Its military is in a campaign to wipe out the Free Aceh Movement (GAM) rebels, who have been fighting for an independent state since 1976.

Yudhoyono said the government did not know how many terrorist cells might still be active in Indonesia, but said the recent bombing of the Marriott Hotel in Jakarta, where 12 people were killed, had made the authorities more united.

"After the Marriott bombing we are more united," he said. "We remain concerned of the fact that we just do not know how many terrorist cells are out there and what is their capacity to attack." Yudhoyono ruled out closing down any of the Islamic schools accused of fomenting terrorism.

This weekend Yudhoyono, widely seen as a likely future president, will travel to Bali with Australian Prime Minister John Howard for commemorations of the first anniversary of the Bali bombings. President Megawati Sukarnoputri has refused to attend.

Yudhoyono added that next year's elections would likely raise the political temperature in Indonesia.

Class action against military emergency in Aceh rejected

Kompas Cyber Media - October 9, 2003

Dulhadi, Jakarta -- A class action suit which was launched by the People's Lawyers Union (Serikat Pengacara Rakyat, SPR) against President Megawati Sukarnoputri, TNI [armed forces] chief General Endriartono Sutarto and the chairperson of the People's Representative Assembly (DPR), Akbar Tandjung, over the military emergency in Nangroe Aceh Darussalam (NAD), was rejected by a panel of judges in the Central Jakarta state court on Thursday, October 9.

In their intermediate decision, the panel of judges, presided over by Panusunan Harahap, was of the opinion that the plaintiff (SPR) was not the victim or the party which had suffered direct damages. As well as this, according to the panel of judges, SPR had not cited compensation in a manner which was clear and detailed. SPR had also not presented a proposal on the mechanisms and procedures for this compensation as is required.

Panusunan stated, "The party which is considered to have directly suffered damages because of the implementation of Presidential Decree Number 28/2003 on the Application of a Military Emergency in NAD are TNI soldiers, in accepting the assignment they were given or their families or the civilian population who are in NAD".

Furthermore said Panusunan, the plaintiffs as representatives of a class or class representative [sic] and all Indonesian citizens as members of a group (class member), who are represented by SPR do not conformity in terms of the facts and events based on law or the suit. "As a result, this class action suit does not fulfill the criteria or legal requirements to be presented in a class action suit", said Panusunan.

Panusunan added that in accordance with the stipulations of Article 5 Paragraph 5 of Supreme Court Regulation 2002, if a suit is considered to be invalid, the examination must be ended will a legal judgement. "Because of this, this law suit cannot be continued and the said law suit does not need to be examined or given further consideration", explained Panusunan.

Meanwhile, SPR lawyer Habiburakhman said that they would shortly be improving and resubmitting the class action suit. "Because this is just a intermediate decision and the suit which we have presented has already been considered by the judge as a civil case", he said.

President Megawati's legal representative did not attended any of the court sessions. [The legal representatives] which did attend were those of the TNI chief and the chairperson of the DPR. (prim)

[Translated by James Balowski.]

NGOs call for end to military emergency in Aceh

Kompas - October 7, 2003

Jakarta -- Aceh-Papua Solidarity (Solidaritas Aceh-Papua, SAP) -- which is made up of a number of non-government organisations (NGOs) -- has called on the government not to extend the military emergency in Aceh. In order to resolve the conflict, SAP is calling for a return to dialogue. Ending the military operation is necessary in order to carry out the 2004 general elections in a democratic manner.

"Dialogue is the step [which must be taken] to resolve the conflict and for the preparation of a democratic basis for the 2004 elections in Aceh to be created", said SAP spokesperson Thamrin Ananda at the offices of the Commission for Missing Persons and Victims of Violence (Kontras) on Monday October 6.

SAP is made up of 19 NGOs including the Solidarity Movement for the People of Aceh (Solidaritas Gerakan Rakyat untuk Aceh, SEGERA), the Acehnese People's Democratic Resistance Front (Front Perlawanan Demokratik Rakyat Aceh, FPDRA), Aceh Student Solidarity for the People (Solidaritas Mahasiswa untuk Rakyat, SMUR), the National Student Front (Front Mahasiswa Nasional, FMN), Kontras and Imparsial (Indonesian Human Right Watch).

In a statement, SAP also rejected efforts by the military operational command in Aceh to legitimise any kind of legal basis [for extending the operation], whether it be a civilian emergency or a limited military emergency, as an option after six months of the military operation. "Substantially, these two option are no different from the military operation which is now in force", said Thamrin.

According the coalition of NGOs, applying a military emergency to resolve the conflict in Aceh has provided a immense opportunity for the military to restore itself on the national political stage. SAP is of the view that this is a threat to the process of democracy in Indonesia.

Unlike the TNI's [Indonesian armed forces] assessment which refers to advances in a number of areas of life [in Aceh], SAP considers that there are many counter productive and contradictory issues in the aims of the integrated operation. According to their records, since the military emergency came into force on May 19, 800 houses and schools have been burnt down, 342 civilians have been killed, 94 people wounded and 101 people have disappeared.

The impact of the military emergency has also flowed on to the economic sector in the form of reducing the purchasing power of society. According to SAP's records, between 2001 and 2003, the total number of poor has continued to increase. In 2001, 1.2 million people in Aceh were recorded as being poor, but in 2003 this number increased to 1.6 million or 40 per cent of Aceh's population of 4.1 million. The three regencies with the highest levels of poverty are North Aceh, East Aceh and Pidie. (INU)

[Translated by James Balowski.]

Mega pledges quick end to Aceh conflict

Jakarta Post - October 6, 2003

Tiarma Siboro, Surabaya -- President Megawati Soekarnoputri pledged on Sunday to resolve the conflict in Aceh as quickly, wisely, and justly as possible but fell short of divulging any time frame or new ways of thinking about ending the rebellion there.

Megawati also said the separatist Free Aceh Movement (GAM) leaders now residing overseas "have no more rights to talk about Aceh's future as they are no longer citizens of this country." "I believe nobody is happy with the ongoing conflict in Aceh. We feel sorry for the fall of many victims there because they are all our brothers," Megawati said in her speech delivered in conjunction with the Indonesian military's 58th anniversary celebration in Surabaya, East Java, on Sunday.

"I hope the Acehnese people will be able to live normal lives soon," she said, apparently crying. She also promised to resolve the Aceh issue quickly but gave no timetable or new approaches to settling the rebellion there once and for all.

Megawati issued a presidential decree in mid-May putting the conflict-ridden Aceh under martial law and launched what the government described as an integrated operation, which now appears mostly to have involved a military offensive.

More than 35,000 government troops have been deployed in Aceh, the biggest military campaign in the country's 58-year history, to crush the around 5,000-strong GAM, whose members, according to the military, are equipped with some 2,000 weapons.

More than four months into the military campaign, government troops claim they have killed 900 suspected GAM members. Civilian casualties have also been high, with 304 people killed and 140 others injured.

The military had earlier promised to crush the rebellion in six months, but has recently begun talking about a longer war.

The President acknowledged that launching the military operation in the province was the last resort after peaceful measures had failed to bring about the desired result. Megawati said the situation was critical and the government could not but embark on a military offensive to deal with the secessionist movement.

She was referring to her administration's decision to abandon a five-month truce in May. The government and GAM signed a peace agreement sponsored by the Switzerland-based Henry Dunan Centre in December 2002, but both sides failed to keep their promises.

Under the administration of former president Abdurrahman "Gus Dur" Wahid, the government initiated a dialog with Acehnese rebels, who have been fighting for independence for the resource-rich province since 1976. More than 10,000 people, mostly civilians, have been killed since then.

The President said Sunday that dealing with domestic security disturbances in the province was not the task of the TNI and that the presence of the military there was "to assist your police colleagues." "As a defense force, your [the military's] main task is to guard the country from various external threats," Megawati said.

"But we can also see that the police are facing a tough task due to the threat of terrorism and we, all of the Indonesian people, must not be defeated by these terrorists. I hope we can immediately settle the security problems here," Megawati said.

Meanwhile, military operations spokesman Lt. Col. Achmad Yani Basuki said on Sunday that government troops had arrested four rebels, confiscated two AK-47 automatic rifles, and one other firearm in a series of raids in Aceh over the weekend. Yani said two rebels were killed on a raid in Lhoksukon, North Aceh, over the weekend. The military seized two rifles, 206 bullets, and medicines. "Our troops received a tip-off from local people that some rebels were hiding in a school building," Yani was quoted by Antara as saying on Sunday.

Almost at the same time, government troops raided a GAM camp in Jeunib, Bireuen regency, and shot dead one alleged rebel. Residents in a village in Bakongan, South Aceh, meanwhile, reported Sunday that they found a dead body believed to be that of a GAM commander in that area.

West Papua

Two Papuans sentenced to jail for state treason

Jakarta Post - October 10, 2003

Netty Dharma Somba, Jayapura -- The Jayapura District Court sentenced on Thursday Edison Waromi and Herman Wanggai to two years in prison for treason.

The district court also sentenced Yordan Ick to 10 months in prison for having known of the planned treason but failing to report it to the authorities. The three were the first Papuans to be jailed for treason.

The same district court last year acquitted three Papuan activists who were on trial for treason. They were Reverend Herman Awom, Don Al-Flassy and Thaha Al Hamid, all associated with the Papua Presidium.

The trial on Thursday, which lasted 90 minutes, was presided over by FX Soegiharto. The three defendants were accompanied by Paskalis Letsoin, director of the Jayapura Legal Aid Institute.

Soegiharto ruled that Edison, 39, and Herman, 29, were guilty of planning to separate Papua from Indonesia, in violation of articles 110 and 106 of the Criminal Code. The articles carry a maximum sentence of life in prison.

Yordan Ick was found guilty of violating Article 164 of the Criminal Code, for knowing of the treason but failing to report it to the authorities. The article carries a maximum sentence of 16 months in prison.

The judge said the Abepura Police arrested the three defendants as they were attempting to raise the West Melanesia "Bintang Kejora" flag on the campus of the University of Cenderawasih in the Papua capital of Jayapura on December 14 last year. West Melanesia was proclaimed as an independent country by Thom Wanggai on December 14, 1988.

Judge Soegiharto said Edison and Herman were given stiffer sentences than Yordan because the two were heavily involved in efforts to separate Papua from Indonesia.

He said Edison and Herman attended a meeting in a house belonging to Edison on December 11. This meeting concluded with a plan to fly the "Bintang Kejora" flag on December 14 at the University of Cenderawasih. The raising of the flag was to highlight the commemoration of the 14th anniversary of the declaration of West Melanesia, Soegiharto said.

Soegiharto said that by commemorating the declaration of West Melanesia, the defendants had expressed their desire to create an independent Papua separate from Indonesia.

The judge honored the prosecutor's demand that Edison and Herman be sentenced to two years in prison each. The prosecutor had been seeking a 14-month prison term for Yordan, but the judge sentenced the defendant to 10 months.

Edison and Herman said they were considering whether to appeal the verdict. Yordan said he would not appeal.

Irate Papuans threaten to boycott elections

Jakarta Post - October 10, 2003

Kurniawan Hari and Moch. N. Kurniawan, Jakarta -- Politicians in the Papua provincial legislature have threatened to boycott the 2004 general elections if the central government insists on establishing West Irian Jaya as a separate electoral district from its mother province, Papua.

The Papuan councillors said Jakarta should wait until the Supreme Court had reached a decision over the judicial review they had requested into the establishment of West Irian Jaya province. They filed the motion for judicial review on September 3, but the court has not yet responded.

Despite the legal dispute, the General Elections Commission (KPU) is continuing its preparations for the formation of its provincial office (KPUD) in West Irian Jaya.

"If the KPU insists [on forming a KPUD in West Irian Jaya], we shall leave office and boycott the elections," Papua legislature speaker John Ibo said in a meeting with House of Representatives speaker Akbar Tandjung here on Thursday.

He added the provincial legislature might also call on Papuans to boycott the elections if no resolution of the legal dispute were reached immediately. Campaigning for a poll boycott is a crime, according to the law on elections.

The legal conflict was triggered by Jakarta's plan to speed up the formation of West Irian Jaya and Central Irian Jaya provinces, as stipulated by a 1999 law on partition of Papua into three provinces. The move was deemed a violation of Law No. 21/2001 on special autonomy for Papua, which suggests that involvement of the Papuan People's Assembly in the regional split policy. At least two people were killed in a clash between supporters and opponents of the establishment of West Irian Jaya province in August.

The government postponed the establishment of Central Irian Jaya province, but it has identified October 28 as the date for the inauguration of West Irian Jaya province. To be consistent, Ibo said, KPU also had to establish regional offices in Central Irian Jaya and East Irian Jaya.

Later in the day, the Papuan delegates also visited the KPU office to express their rejection of the plan to form a KPUD in West Irian Jaya.

KPU member Mulyana W. Kusumah said, on his recent visit to Manokwari, the prospective capital of West Irian Jaya, that the KPUD office in West Irian Jaya would be established soon after the central government had inaugurated the new province.

West Irian Jaya has been allocated three House of Representatives seats for the 2004 general election.

Meanwhile, a member of House Commission II for legal and home affairs Yahya Zaini suggested that the KPU avoid pushing for the establishment of a KPUD in West Irian Jaya. "I think the KPU should wait until the legal problem is resolved. It shouldn't cH3eate more problems," he said.

Papua province: Indonesia's next flashpoint?

Radio Australia - October 5, 2003

Several days of deadly and violent clashes in Indonesia's remote Papua province have forced the Indonesian government to delay a controversial plan to divide the province into three regions.

Critics say that move undermines legislation which promised the province will get special autonomy. And pro-independence groups are warning there will be more conflict if the military build up in the area continues.

Helen Vatsikopoulos speaks to Sidney Jones from the International Crisis Group about the troubled province and why Jakarta does not want to let go.

Meena David, Reporter: Days of violent street battles with just primitive weapons left five people dead and scores injured. The riots erupted during the inauguration of the newly established Central Papua Province.

Supporters of the Megawati Government's push to split the region clashed with anti-government protesters and police. In the end, Jakarta announced it would delay the partition but wasn't backing away from it.

West Papua's located on the western half of New Guinea. The bloody protest occurred in the mining town of Timika. The region has Indonesia's greatest store of wealth in minerals, timber, oil and gas.

Dr Chris Ballard, Pacific and Asian Studies: The key reasons being given by the government for splitting Papua into three provinces is that with three new provincial administrations, development will proceed much faster.

This is questionable, however, because you have, in fact, in Papua a proportion of the national population that's only just over 1%, and to split that 1% of the population into three different provinces is an enormous administrative overkill, if you like.

Meena David: The partition plan has caused so much unrest because it directly challenges the Special Autonomy Law first foreshadowed by the previous Habibie and Wahid administrations, and enacted last year. That gave hope to Papuans they'd have a greater share of political power and profits from the region's abundant resources.

But in January, President Megawati issued a decree to split the province, as Jakarta feared the special autonomy status would act as a lightning rod for independence aspirations.

In 34 years of Indonesian rule, 100,000 Papuans have been killed or disappeared, the assassination of pro-independence leader, Theys Eluay, another grim addition to the toll.

Though seven of Indonesia's Kopassus special forces soldiers have been found guilty of the murder, they received hand-slap sentences.

Dr Chris Ballard: The army, in particular, has been very keen to see Papua split into three provinces. It would give the area of Papua three provincial administrations but also three military commands, and there's a move afoot in parallel with this to almost double the size of the military detachment based in Papua, and that's going ahead as we speak.

Meena David: Brutal clashes aren't out of the ordinary here. The military's often blamed attacks on guerillas from the Free Papua Movement, or OPM.

But analysts acknowledge most of the open conflict has some sort of military involvement, sentiments shared by pro-independence activists who have been urging the world's community to insist on a path of peace.

Helen Vatsikopoulos: Well, to discuss those issues further, I spoke ... with Jakarta-based Sidney Jones from the International Crisis Group, an international think tank conducting field-based analysis.

Sidney Jones, the West Papuans were promised special autonomy. What they're in the process of getting is a division of their province into three. Now, those two policies seem to be incompatible and contradictory, so what is Jakarta's real agenda?

Sidney Jones, International Crisis Group: You're absolutely right that those are contradictory policies. What we have now is a review under way because there was so much outrage against this division.

Jakarta's policy is to divide the independence movement to weaken the independence movement, but also in the process, perhaps, to get some political benefits for the ruling elite in Jakarta.

Helen Vatsikopoulos: Well, the Free Papua Movement may be small and perhaps disorganised at the moment, but what do you think will be the cumulative effect of these repressive policies and other events like the killing of Theys Eluay?

Sidney Jones: I think we have to wait and see what the outcome of this review is. Certainly the killing of Theys Eluay just galvanised the independence movement in a way nothing else had. There couldn't have been a more counterproductive policy if it had been sat down and designed on a table.

On the other hand, you also have a divided Papuan elite and you have some people that are willing to go with Jakarta's policies because they see in it for themselves an opportunity to become a governor or a high-level provincial official, so it's not as though the whole province is up in arms.

Helen Vatsikopoulos: What is in it for the military in terms of holding on to West Papua? Because General Sutarto has been deploying extra troops since July. Is it the cash cow for the military they say it is?

Sidney Jones: Well, I think you have to see the Indonesian military as an organisation that has used resources -- in a number of different areas, not just Papua -- to gain additional income, when only 30% of its budget is actually supported by the central government.

So there is this push to get additional resources from elsewhere. But I don't think that resources, in and of themselves, is the main driving force behind this division.

It really is a political decision to try and break up and weaken support for independence, particularly when the government realises that what they're dealing with is not an armed guerilla movement like Aceh that is a real security threat in the same way that the Acehnese guerillas is. It's very much the nonviolent movement that's much more of a concern to Jakarta.

Helen Vatsikopoulos: Well, the Pacific Islands Forum did express support for greater autonomy, and certainly, Australian Greens' senator Bob Brown and the New Zealanders have called for a greater input in terms of mediating. Would that be a good idea at this point?

Sidney Jones: No, the worst thing that Australia could do now is offer to mediate, because there's already concern, particularly on the part of the conservative Muslim groups in Indonesia, that Australia and other Western powers have always come to the aid of Christian separatists, and they give East Timor as an example. It would be disastrous, politically, if the Australians were to make such an offer.

Helen Vatsikopoulos: Will we be looking at a military campaign, do you think, in West Papua in the future? The 'Jakarta Post' newspaper certainly has warned that this will take place.

Sidney Jones: The 'Jakarta Post' has acknowledged that 2,000 troops have been sent, or are being sent, to Papua, and I think that this is the result of many considerations.

One is that there is indeed a concern on the part of conservatives in Jakarta that foreigners are going to try and do in Papua what they did in East Timor, and that therefore the Indonesian military has to be prepared.

There also is a concern that Indonesian territory is being chipped away at, and there's a concern that because the border with Papua New Guinea is not well demarcated, that the troops are necessary there to prevent little pieces and chunks of Indonesian territory from being taken away.

But I don't see a military emergency being declared in Papua the way we have martial law now in Aceh.

Helen Vatsikopoulos: But what about when they're finished with Aceh? I think that's what the 'Jakarta Post' is saying -- once the Aceh war is over, West Papua's next.

Sidney Jones: But I don't think you can compare the two, because you really do have a strong, well-organised guerilla movement in Aceh that was going after military and police on a systematic basis, and we had about 1,600 casualties taking place per year.

You simply don't have that kind of level of violence in Papua, although you do have isolated targeted assassinations and so on. But you don't have that kind of military threat that you do in Aceh that would permit or justify a kind of military campaign. The two aren't comparable.

Helen Vatsikopoulos: Well, with an election due next year, and given that President Megawati Sukarnoputri relies on the military for support, do you think she will now give them free reign to do what they like in West Papua?

Sidney Jones: No, I don't think they'll get free reign, but I do think that it may be the case that Megawati and people around her decide to play the nationalist card, and what we may see is ... there may be more of an effort to restrict access to Papua, there may be more of an effort for the military to take action against little pockets of the OPM -- the guerilla group in Papua.

But I don't think there's going to be a green light in the sense that the military will be told "OK, do whatever you want to, wipe out the Papuan people." That's not going to happen.

Helen Vatsikopoulos: Sidney Jones, thank you.

Sidney Jones: You're welcome.

Labour issues

PTDI workers demand jobs back

Jakarta Post - October 10, 2003

Yuli Tri Suwarni, Bandung -- Suspended workers of state-owned aircraft maker PT Dirgantara Indonesia (PTDI) threatened on Thursday to break into the company's compound if the management refused to allow them to return to work within a week.

The threat was made in a letter from the company's labor union to PTDI director Edwin Sudarmo after the Bandung State Administrative Court ruled on Tuesday in favor of the workers.

"We will break the company's gate if it remains closed to us because we have tried to take peaceful measures through a verbal request to police and Air Force officers who guard the factory, and a letter to the directors," said AM Bone, secretary-general of the Communication Forum for PTDI Employees.

The court ordered the company to revoke its resolution suspending its 9,643 employees since July 11 this year, saying the decision was contrary to the 2003 manpower law.

Arpani Mansyur, who presided over the trial, said that according to Article 146 of the law, PTDI management should have consulted the employees and the local manpower office at least seven days before it issued the resolution. However, the company failed to do that, he said.

Earlier on Monday, the management issued two other resolutions -- one to withdraw the suspension decision, and another to lay off 3,900 employees who did not contest a screening test for reemployment.

Despite the court verdict, the company still banned the workers from returning to work, saying it would appeal the decision.

Bone said the suspended workers wanted to be allowed to work again as soon as possible without necessarily waiting for a decision by a higher court.

"The point is that our demand has been accepted by the court and the new resolutions against the workers, issued one day before the court handed down the verdict, must automatically be ineffective," he said during a protest on Thursday outside the PTDI compound in Bandung, West Java. On Wednesday, the workers, numbering around 2,000, also rallied outside the compound to demand they be allowed to return to work, although the court did not clearly order the company to also revoke its two new resolutions.

In response to the protests, Edwin Sudarmo expressed concern over the conflict between the management and the workers, which he said has been "politicized" by a certain group. He did not elaborate.

He claimed the new resolutions suspending and laying off the workers was issued in line with legal procedures, as the decision had been approved by the company's shareholders.

PTDI director for general affairs Muhammad Nuril Fuad has said the company had allocated Rp 130 billion (US$16.25 million) for severance payments for the dismissed employees.

He said the 3,900 employees had been fired on the grounds they had failed to register for a selection test to rejoin the company.

He said the selection test had been attended only by 5,200 of 9,943 employees, and the selection outcome would be announced on October 10. Only 3,400 of the 5,200 will be rehired.

Those failing to pass the selection test will be enrolled in a "redeployment center" program run by the company, Fuad said.

Bandung court rules in favor of PT Dirgantara employees

Jakarta Post - October 8, 2003

Yuli Tri Suwarni, Bandung -- The Bandung State Administrative Court ordered on Tuesday that state-owned aircraft maker PT Dirgantara Indonesia (PTDI) revoke its resolution suspending its 9,643 employees since July 11 this year.

"The resolution must be revoked on the grounds that the company violated the 2003 Manpower Law," said Arpani Mansyur, who presided over the trial.

According to Article 146 of the Manpower Law, the management of PTDI should have talked to the employees and the local Manpower and Transmigration Office at least seven days before it issued the resolution. However, the company failed to do that, said Arpani.

"The company hastily issued the resolution and ignored and violated the law. Therefore, the resolution on the suspensions must be revoked," said Judge Arpani.

The decision was hailed by more than 3,000 employees and their families, who attended the court hearing here on Tuesday.

Rachmawati Soekarnoputri, a sister and ardent critic of President Megawati Soekarnoputri, was seen among the crowd of employees. She gave a speech in support of them.

The employees and their families cheered upon hearing the judge's ruling, but Arif Minardi, the chairman of PTDI's Worker's Communication Forum, quickly warned the crowd that the employees still faced a long and winding road to justice. After the trial, lawyers for PTDI said they were considering filing an appeal with the high court.

Meanwhile, the thousands of suspended employees expected to resume work on Wednesday.

Arif said the ruling upheld the rights of the employees to resume work. "For us, the ruling is like a candle in the dark. It brings hope to us that justice will finally be done in the country," he said.

In a related development, the management of PTDI issued two other resolutions on Monday, just one day before the court handed down its ruling. The first resolution withdrew the earlier resolution suspending the 9,643 employees, while the second resolution stipulated that the management of PTDI had fired 3,900 employees.

It was not known whether the 3,900 employees were part of the 9,643 employees who were previously suspended by PTDI management. The company had more than 12,000 employees.

PTDI director for general affairs Muhammad Nuril Fuad said the company had allocated Rp 130 billion (US$16.25 million) for severance payments for the dismissed employees. Fuad said the 3,900 employees had been fired on the grounds that they had failed to register for a selection test to rejoin the company.

He said the selection test had been attended by 5,200 employees, and the selection outcome would be announced on October 10. Only 3,400 of the 5,200 will be rehired. Those failing to pass the selection test will be enrolled in a "redeployment center" program run by the company, he said.

'War on terrorism'

Courts jail more Bali bomb accomplices

Agence France Presse - October 8, 2003

Indonesian judges jailed three men for more than four years for their part in last year's Bali bomb attacks in which 202 people died.

In separate trials on the resort island, judges handed down sentences for the men accused of assisting those accused of the bombings, seen as the worst global terror acts after the September 11, 2002, attacks on the United States.

Judge Cokorda Rai Suamba found one of the men, Puriyanto, guilty of having helped hide key Bali bombers Ali Imron and Mubarok while they were on the run, sentencing him to four years and eight months in jail. Puriyanto has yet to decide whether to appeal the sentence, which was lighter than the seven years sought by prosecutors, his lawyer Ari Purwanto said.

At another trial in the same court, Judge Ida Bagus Jagra sentenced Sukastopo, 49, to three years for hiding information on the whereabouts of suspects sought by police. Sukastopo, the judge said, knew that Imron and Mubarok had been taken to an isolated Indonesian island, but did not inform the authorities. Sukastopo's lawyer told the court his client would not appeal.

At a separate trial in the same court building, a panel of judges sentenced Eko Hadi Prasetyo to four years for assiting Puriyanto in taking Imron and Mubarok to the island.

Meanwhile, judges at another trial, postponed the reading of the sentence on another accomplice, Mujarot, until Monday saying that they were not yet ready with the verdict.

The four men are known to be part of the "Berukang" group of accomplices, named after the island in Indonesia's East Kalimantan where Imron and Mubarok were captured in hiding.

Bali's courts have already jailed one of the key players in the group, Hamzah Baya, to six years in jail. Some 34 people have been arrested for the October 12, 2002 bomb attacks targeted at popular nightspots on the island.

Three top operatives -- Amrozi, Imam Samudra and Mukhlas -- have been sentenced to face a firing squad. Ali Imron, the brother of Amrozi and Mukhlas and the only bomber to express remorse, got a life sentence.

Government & politics

The Rise of Bambang Yudhoyono

Laksamana.Net - October 7, 2003

Recent polls conducted by several research and survey institutes show growing public sympathy and support for retired Gen. Susilo Bambang Yudhoyono as a possible presidential candidate.

Indonesian Survey Institute (LSI) found that Yudhoyono, commonly known as Yudhoyono, received 11.8% of respondents' votes as a potential leader. Another poll, conducted by the International Foundation for Election Systems (IFES), while still seeing incumbent President Megawati Sukarnoputri as the frontrunner, saw Yudhoyono win the votes of 11.2% of respondents.

The Center for the Study of Development and Democracy showed Yudhoyono at the top of the list of preferred presidential candidates with the backing of 15% of respondents, while Megawati was able to score only 4%.

The popularity of Yudhoyono has been on the rise amid increasing disappointment with civilian politicians.

The popularity of the retired four-star general raises many interpretations and analysis. Researchers from LSI like Syaiful Muzani are convinced that the organization's poll result can be read as a strong desire on the part of the general public to go back to the days of Suharto.

The popularity of Yudhoyono is read by LSI researchers as a symbol of public desire for a strong leader with commitment to stability and law enforcement.

Military analyst Salim Said, in an interview with Metro TV, rejected the conclusion offered by Syaiful Muzani as misreading the mood of the public. "The poll results just try to send a warning signal that if the civilian politicians are unwilling to consolidate and improve their strength, it will be possible that there will be a reemergence of a military figure on the political stage," he said.

Despite the debatable conclusion that the general public has the desire to throw support behind the remnants of the New Order regime or former powerful generals, the popularity of Yudhoyono deserves special attention.

He is without doubt the frontrunner should the public crisis of confidence in civilian politicians turn into real votes at the elections.

Yudhoyono is also less tainted than others through his track record as a senior officer during the New Order regime. Unlike former Armed Forces Commander Wiranto or former Strategic Reserve (Kostrad) Commander Prabowo Subianto, Yudhoyono was relatively less involved in the excesses of the Suharto regime because of his relatively insignificant position.

At the time of the attack on Megawati's party headquarters on 27 July 1996, Yudhoyono was chief of staff of the Jakarta Regional Military Command and was a under his superior, Jakarta Military Commander Sutiyoso.

Yudhoyono started to play a strategic socio-political role as a military leader in the post-Suharto era. In November 1998, then President B.J. Habibie appointed him as Armed Forces Chief of Territorial Affairs.

Career moves

Shortly after Yudhoyono graduated from the National Military Academy in 1973, he was posted to East Timor, where he took part in Operation Seroja. Later, he became commanding officer of Dili-based battalion 744.

Much of his military carrier was with the Kostrad airborne unit. In the 1980s and '90s he took several military courses in the US (as well as a MA in business management from Webster University) and in Europe.

He has traveled widely on observer missions around the world, including as Chief Military Observer in Bosnia in 1995-96. Yudhoyono also gained wide respect for his intellectual status.

In the 1980s he lectured at the Army Staff Command College (Seskoad), and he has written several books.

As a territorial military officer, in the mid 1990s Yudhoyono worked in territorial commands in Jakarta and then in the southern Sumatra military command, Pangdam II/ Sriwijaya.

A year prior to the downfall of Suharto in 1997, Yudhoyono was appointed Armed Forces Chief of Staff for Social and Political Affairs, or Kassospol ABRI.

During this period, his capacity as a politician was tested. In the days before Suharto's downfall on 21 May 1998, Yudhoyono was considered to a certain degree, to be part of Wiranto's camp in the personal rivalry with Kostrad Commander Prabowo Subianto, a Suharto son-in-law and son of economic guru Sumitro Djojohadikusumo.

In the palace intrigue involving Suharto's top two generals, Wiranto and Yudhoyono were of one mind in moving to foil the scenario to topple Suharto by automatically promoting his Vice President Habibie. Instead, they believed, both Suharto and Habibie must be removed through a special session of the People's Consultative Assembly (MPR).

Therefore, in facing the increasing pressures from the university students to bring down Suharto, Wiranto and Yudhoyono expressed the armed forces stand that change must be gradual.

The Wiranto camp suggested the formation of a Reform Council, made up of representative of government, academics and prominent critics.

From this idea sprang the concept of inviting nine respected Muslim figure to the presidential palace on the morning of 19 May. The main objective of the meeting was that Suharto should resign after a period in which he would replace cabinet ministers opposed to reform.

As an initial step, Suharto and his family should hand over their wealth to the nation. After this, legislation should be revised to allow a general election to take place in January 2000 at the latest.

Muslim scholar Nurcholish Madjid was among those who averred that this was the best course to pursue.

This scenario was basically in line with the political preferences of Wiranto, Yudhoyono and the other members of the nationalist "red and white" military faction, on the opposing side to Habibie, Prabowo and other Muslim politicians.

One version of events at the time states that it was at the instigation of Yudhoyono that Madjid prepared a proposal which he gave to Secretary of State Saadillah Mursid, who in turn presented it to Suharto.

The scenario backfired because of the much stronger pressure from students demanding Suharto's resignation. Habibie was forced to seek support from other political factions following the sudden resignation of 14 cabinet ministers initiated by Ginandjar Kartasasmita and Akbar Tanjung.

During the Habibie presidency, Yudhoyono had little space to show his political talent, let alone his ambition, because the principle players on stage in the military circle continued to be then Armed Forces Commander Wiranto, Coordinating Minister for Political and Security Affairs Feisal Tanjung, and Home Affairs Ministers Syarwan Hamid.

During the Abdurrahman Wahid presidency, Yudhoyono tried to gain the momentum as the only military player available following the removal of Wiranto from political stage, when he was deposed by Wahid because of his involvement in supporting pro-Indonesia militias during the referendum in East Timor.

The erratic and unpredictable Wahid limited Yudhoyono's ability to maneuver, but he played what role he could as a mediator between Wahid and the military, on the one hand, and between Wahid and Vice President Megawati on the other.

Crisis role

As pressure increased for the impeachment of Wahid by the parliament over alleged misuse of Rp35 billion of National Logistic Agency (Bulog) funds, the embattled president looked ready to use extraordinary means to retain power.

Wahid threatened to impose a state of civil emergency, which would have allowed him to avoid the impeachment process by dissolving Parliament and then calling for fresh elections.

In facing such a stark choice, Yudhoyono, then Coordinating Minister for Political and Security Affairs, publicly differed with the President's plans and was dismissed for his pains.

Wahid appointed retired Lt. Gen. Agum Gumelar, said to be close to Megawati, to the Security portfolio.

Yudhoyono, while out of power, became to be recognized as able to withstand the criticism of his friends in the military, including his former superiors. He began to be seen as a man who carefully calculated the position, and was cautious in expressing his political stand in a decisive moment.

While seen to have ambition, he was regarded more as an intellectual than as a typical military officer.

Back in his old job in government under Megawati, with Gumelar moved sideways to Communications, Yudhoyono continued to display his managerial talent. He also won points for his handling of high-profile cases such as the Bali bombing.

He was also active in initiating the peace accord in Poso together with Coordinating Minister for Social Welfare Yusuf Kalla, and was active on Aceh separatism, religious violence in Maluku, and other conflict issues.

Though sometimes seen as too cautious and indecisive, his handling of the Coordinating Minister position demonstrated talent as a manager and as a good communicator.

His serious handicap is that he has no political support base. His only chance would be at best be a compromise candidate.

While widely identified as a secular-nationalist in outlook, he has been named as a possible candidate by two Muslim-based parties, Amien Rais' National Mandate Party (PAN) and Abdurrahman Wahid's National Awakening Party (PKB).

The polls show that he has won significant support from the urban middle class, sounding warning bells for Megawati.

While Yudhoyono only received 10% of votes from rural respondents in the recent polls, his widespread popularity may make him an ideal running mate.

Mega urges military to help solve country's problems

Jakarta Post - October 6, 2003

Tiarma Siboro and Andi Hajramurni, Surabaya/Makasar -- President Megawati Soekarnoputri told the Indonesian Military (TNI) on Sunday to "build a bridge over the country's troubled water" resulting from various conflicts and competition among political interests, which have harmed the nation's integrity.

Addressing TNI personnel during the commemoration of its 58th anniversary in Surabaya, the President said the military was sometimes placed in difficult situations due to the political interests of certain elements that wished to win support from the military while, on the other hand, it was expected to bind "Indonesia's diverse society as a single nation".

Megawati pointed out that the TNI was the only institution people could rely on to resolve conflicts, but warned that due to its strategic role, the military could be lured into serving the political interests of certain individuals or groups. "That is wrong. The TNI is supposed to be an instrument that unites all elements in the country," Megawati said.

She reminded the TNI of its pledge to abandon its involvement in day-to-day politics and to focus instead on its main role as a defense force to maintain the unity of the state. "Indeed, the military has to improve its professionalism," she added. Earlier, TNI chief Gen. Endriartono Sutarto had said the military would remain neutral and impartial in the 2004 general elections.

The anniversary celebration, which was held at the Navy's eastern fleet headquarters in Surabaya, East Java, was attended by several ministers and top politicians, including Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono and Minister of Transportation Agum Gumelar. Both are former Army generals and are reported to have an eye on the presidential seat.

All three chiefs of staff were also present, along with Amien Rais, Speaker of the People's Consultative Assembly, and Akbar Tandjung, Speaker of the House of Representatives.

The President further urged the military to keep in mind that it was part of the people, and that the people's power was even stronger than any military might.

"When our founding fathers created the Constitution prior to the country's independence in 1945, they inserted articles that stipulate that the Army, the Navy and the Air Force are defense forces. But the people's power is considered more important to maintain the state. We can see this in our past, when our leaders were held hostage by the colonialists, but their capture failed to eliminate the state because the people were determined to fight against the imperialists."

The military's anniversary celebrations were marred by an incident in Makassar, South Sulawesi, during which a marine caught on fire from a grenade explosion during a demonstration. Second Sgt. Heri suffered severe burns after his antiterrorism suit caught ablaze during a demonstration held to highlight the TNI's anniversary celebrations at Mandala Square. The suit was supposed to be fire-resistant.

Spectators at first thought the fire was part of the attraction and cheered when the flames burst forth. Efforts to put out the fire failed due to the absence of a proper fire extinguisher at the site. Heri was rushed to the hospital, where he lapsed into a coma. As of Sunday, he remained in critical condition at Pelamonia Army Hospital, where he is being treated for fourth- degree burns.

South Sulawesi Military Commander Maj. Gen. Suprapto spent several hours on Sunday at the hospital monitoring his condition. "It was an accident caused by sparks from a smoke grenade used in the demonstration," he said. None of Heri's family members were able to come and see him, as they all live in West Java. Heri's mother died only a week before, according to a fellow marine.

The New Order has the potential to return to power

Kompas - October 4, 2003

Jakarta -- The New Order regime [of former President Suharto] which was brought down by the wave of demands for reformasi in 1998, is returning to power though the 2004 general elections. If this is not guarded against though an awareness in society, the New Order regime which was the cause of a the multi-dimensional [economic and political] crisis which has yet to be overcome, will reverse the agenda of reformasi and cause Indonesia to be buried under a corrupt regime.

"We do not have any pretentious to give support to a particular prospective presidential candidate. Let society itself choose. We only want to clarify their track record in order to revive people's memory. We want society to use its right to vote rationally", explained the chairperson of the New Order Alert Committee (Komite Waspada Orde Baru, KWOB) presidium, Judilherry Justam, on Friday October 3.

In order to revive this memory and make society aware of the threat of the return to power of the New Order regime, KWOB's presidium committee will clarify the track record of 25 prospective candidates which have already declared that they will put themselves forward to compete as presidential candidates. Of the 25 prospective candidates, only four of them are relatively untainted by the New Order regime, while the other 21 were part of the New Order regime.

The four prospective candidates who the committee considers to be untainted by the New Order regime are [former President] KH Abdurrahman Wahid, [People's Consultative Assembly speaker] Amien Rais, [Bung Karno Nationalist party leader] Eros Djarot and [current Indonesian President] Megawati Sukarnoputri. "These four figures were critical of the New Order regime and were disliked by the New Order regime because they would not submit. They were courageous in opposing the New Order regime when Suharto was still securely in power", said Judilherry.

Devotees of the New Order As well as designating their positions within the New Order regime, the track record of the 25 prospective candidates will also be given a designation of loyal opponent, devotee and supporter. Those who are included in the category of loyal opponents are Abdurrahman Wahid, [businesswoman and educator] Kemala Motik, Megawati Sukarnoputri, [respected Islamic leader and scholar] Nurcholis Madjid, [economist and chairperson of the New Indonesia Party] Sjahrir and [justice and human rights minister] Yusril Ihza Mahendra.

Meanwhile, the other 18 prospective candidates are considered to be supporters and devotees of the New Order regime. They are [business tycoon] Aburizal Bakrie, [Golkar chairperson and speaker of the People's Representative Assembly] Akbar Tandjung, [retired general and transport minister] Agum Gumelar, [vice- president] Hamzah Haz, [former welfare minister] Haryono Suyono, [minister for social welfare] Jusuf Kalla, [Golkar legislator] Marwah Daud, [former justice minister] Muladi, [former Kopassus commander and Suharto's ex-son-in-law] Prabowo Subianto, [artist and entrepreneur] Setiawan Djodi, [Golkar legislator] Siswono Yudo Husodo, [economist] Sjahrir, [Yogyakarta] Sultan Hamengku Buwono X, [media baron and Suharto crony] Surya Paloh, [coordinating minister of politics and security] Susilo Bambang Yudhoyono, [Golkar co-chairperson] Theo L Sambuaga, [former minister of women's empowerment] Tuty Alawiyah and [former armed forces chief] Wiranto.

"We are concerned about the implementation the reformasi agenda with the reemergence of prospective candidates from the New Order regime. Up until this time, society has only paid attention to the program of those who have come forward and nominated themselves and have been made to forget about their track record. However good their program is, if their track record is bad, that program will not be able to run", said Syafinuddin, a member of KWOB's presidium. (INU)

[Translated by James Balowski.]

2004 elections

50 parties make it to final KPU list

Jakarta Post - October 10, 2003

Moch. N. Kurniawan, Jakarta -- All 50 eligible political parties beat the midnight deadline for registration with the General Elections Commissions (KPU) on Thursday, paving the way for their participation in the 2004 general elections.

The last party to register with the KPU was the Indonesian National Unification Party (PPNI), whose representatives arrived at the commission's offices at around 11:30 p.m.

All the parties that passed the screening by the Ministry of Justice and Human Rights have to register with the KPU in order to undergo further vetting so that they can contest the 2004 elections.

Only parties that have offices in two-thirds of the country's 32 provinces and two-thirds of the regencies/municipalities in those provinces will be allowed to contest the 2004 legislative elections, and the country's first ever direct presidential election. The Ministry of Justice and Human Rights had verified and declared legitimate 50 of the over 100 political parties registered with the ministry.

A party is required to have offices in 50 percent of the country's provinces and in 50 percent of the regencies/municipalities in those provinces in order to be declared a legitimate political party.

Of the 50 legitimate parties, 32 were recognized as political entities only last Saturday, forcing the parties to rush to register with the KPU.

According to prevailing electoral law, a party must register with the KPU for vetting before it can contest the 2004 elections.

The KPU will announce the final decision on the parties eligible to contest next year's election on December 2.

So far, six political parties have secured their places in next year's elections, namely, the Indonesian Democratic Party of Struggle (PDI Perjuangan), the Golkar Party, the United Development Party (PPP), the National Awakening Party (PKB), the National Mandate Party (PKB), and the Crescent Star Party (PBB).

These parties will not be screened as they passed the two-percent threshold in the 1999 elections, the first after the downfall of former dictator Soeharto.

Indonesia is scheduled to hold legislative elections on April 5, 2004, and a two-stage direct presidential election on July 5 and September 20, 2004, respectively.

The KPU has allocated Rp 5 billion (US$595,000) to verify both political parties and candidates for the Regional Representatives Council (PDP) across the country.

KPU member Mulyana W. Kusumah said that in its Wednesday plenary meeting, the KPU had determined that a province with between one and 10 regencies/municipalities would get Rp 100 million for the verification of parties and regional representative candidates.

A province with 11 to 20 regencies/municipalities would get Rp 200 million, a province with 21 to 30 regencies/municipalities Rp 300 million, and a province with 31 to 40 regencies/municipalities Rp 400 million.

There are 32 provinces, 416 regencies/municipalities, 5,121 subdistricts and 70,828 villages in Indonesia, according to the population and voter census conducted by the Central Statistics Agency.

Political parties unpopular with public

Jakarta Post - October 9, 2003

Kurniawan Hari, Jakarta -- Major political parties contesting the 2004 general election have failed to woo support from poor people living in urban areas, according to a recent poll.

The survey, carried out by the Institute for Business Ethics Development Studies (LSPEU) on 2,995 respondents at random in six major cities, revealed that 26 percent were still thinking about the party they would vote for and 32 percent declined to disclose their preference.

"This means that political parties are unpopular among poor people in urban areas. The people have no enthusiasm for the parties," LSPEU director Fachry Ali told a media conference here on Wednesday.

Poor people were defined as those whose monthly expenditure was below Rp 1 million (US$119).

The lack of popularity was confirmed by the low percentage of respondents favoring any particular party.

Among the unpopular parties, the Golkar Party ranked first with support from 10.8 percent of respondents, followed by President Megawati Soekarnoputri's Indonesian Democratic Party of Struggle (PDI Perjuangan), with 7.4 percent. The National Awakening Party (PKB), National Mandate Party (PAN) and Vice President Hamzah Haz' United Development Party (PPP) came third, fourth and fifth respectively.

There was a significant change in party preference compared with the 1999 election, as 24.7 percent of respondents admitted to voting for PDI Perjuangan, 12.2 percent Golkar, 8.6 percent PKB, 6.8 percent PPP and 4.7 percent Muslim-based PPP.

Preference for parties was mostly influenced by respondents' assessment of party achievement (46.4 percent), followed by the party leadership factor (10.6 percent) and party programs and platforms (10.3 percent).

"Despite their economic status, the public are well informed about the performance of the political parties, Fachry said, adding that people could easily recall the activities of political parties from what they had seen on TV.

The survey showed that 78.6 percent of respondents obtained information on the parties from TV. Respondents who had access to dailies, magazines, tabloids, or radio were less than nine percent on average.

The poll was carried out between August 10 and August 30 in Jakarta, Serang, Bandung, Semarang, Yogyakarta and Surabaya, all cities in Java. In each city, 500 people were targeted at random for their responses. The sampling error in the survey was plus or minus 1.91 percent, with confidence of 0.95 percent.

Fachry said Java was chosen because most of the country's population lives on the island. He added that poor people were targeted as respondents because they made up the majority of the country's population.

He said five more surveys would be carried out with the same respondents ahead of the April 2004 election to determine what patterns might emerge regarding their political preferences.

Justice ministry accused of taking bribes

Laksamana.Net - October 8, 2003

The Justice and Human Rights Ministry's team tasked to ascertain whether political parties are eligible to contest next April's general election has been accused of taking bribes.

At least 34 new political parties, including 12 that have passed the ministerial team's screening process, on Wednesday reported the alleged graft to the Jakarta Police.

Coordinator of the National Unity Front Agus Miftach, who represents the 34 political parties, said the bribery allegations were based on statements from parties that had undergone the screening process.

"Verification is a sacred process in democracy. We have reported the bribery allegations to the police, who are expected to take the initiative in investigating it," he was quoted as saying by state news agency Antara.

Among the 12 political parties that passed the screening process were the Marhaen National Unity Party, Mutual Help Party, Republican Party and Reformation Party.

Those that failed to make the grade included the Indonesian National Alliance Party, United Indonesian Nationalist Party and People's Sovereignty Party.

In its report to police, the National Unity Front named four officials involved in the alleged corruption: Justice and Human Rights Minister Yusril Ihza Mahendra, screening team chairman Ramli Hutabarat, and two officials responsible for party registration and screening, Witjipto and Cahyono.

Indonesia's last general election in June 1999 was contested by 48 political parties. The number in the 2004 election could be much higher or lower, depending on how many of 112 parties manage to pass stringent entry requirements.

Parties must first go through two screening processes conducted by the Justice and Human Rights Ministry, and must then be approved by the General Elections Commission (KPU).

The initial screening process determines whether a party meets various administrative requirements at the central board level, including whether it has a secretariat and a legitimate organizational structure.

If a party passes the preliminary screening, the ministry then checks whether the party's provincial branches and regional chapters meet administrative requirements. Once it passes the two screenings, a party becomes a legal entity, enabling it to register with the KPU for final screening.

Miftach said the bribes paid to the ministerial team depended on the level of the administration being screened: district/municipal -- Rp1 million to Rp2 million ($235); provincial -- Rp5 million to Rp15 million; and central government -- Rp5 million to Rp50 million.

"We would therefore like to call on the police to summon the four people for interrogation," he said. The KPU should halt the screening/registration process pending a full police investigation, he added.

The registration period opened on July 9 and is due to close on October 9, but the Justice Ministry has requested the KPU extend the deadline.

Parties report minister to police

Jakarta Post - October 9, 2003

Damar Harsanto and Moch. N. Kurniawan, Jakarta -- Thirty-four political parties filed a complaint with the Jakarta Police on Wednesday against members of the Ministry of Justice and Human Rights' party verification team, alleging that they accepted bribes during party screening.

Speaking on behalf of the 34 parties, Agus Miftach of the Indonesian People's Unity Party (PPRI) said the complaint was made based on a report on Metro TV alleging that ministry officials Cahyo and Wicipto had received money from political parties during the party screening.

"We demand that the Jakarta Police summon and scrutinize the two officials as this is related to the elections and concerns the entire nation. This case could pose a serious threat to the legality of the 2004 elections," Agus said.

He said the 34 parties, including 12 parties that passed the screening, had included Minister of Justice and Human Rights Yusril Ihza Mahendra and the head of party verification team, Ramli Hutabarat, in their complaint to the police.

Besides filing a report with the police, Agus also called on the General Elections Commission (KPU) to halt the screening of political parties until the legal dispute was resolved.

The Indonesian Nationalist Alliance Party (PANI), the Reform Party, the Marhaen National Party, the People Opposition Party (Popor), the Gotong Royong Party and the People Benefit Party were among the political parties that filed the complaint with the police.

The justice ministry announced last Saturday only 32 of 66 political parties in the third and final qualified as legitimate political parties. Those that failed to qualify are not allowed to contest the 2004 legislative elections.

Indonesia is scheduled to hold legislative elections in April, and a two-phased direct presidential elections in July and September 2004.

Many of the parties that have failed the screening have accused the justice ministry of unfair practices during the verification process.

The ministry has said these parties are welcome to take legal action if they are unsatisfied with the outcome of the verification process.

Separately, the Pelopor Party led by Rachmawati Soekarnoputri and the Pancasila Patriot Party have registered with the KPU.

As of Wednesday, only 19 of 50 parties that passed the ministry's screening had registered with the KPU to take part in the upcoming elections. Thursday is the deadline to register with the commission.

KPU member Mulyana W. Kusumah said the commission would set up eight teams to verify all of the parties, with each team consisting of at least six KPU officials.

He was optimistic the KPU would be able to check all of the parties' documents within one week. Mulyana also said the commission would open an office in West Irian Jaya province on October 28. He said about 42 candidates were competing for five seats with the West Irian Jaya KPU.

West Irian Jaya split from Papua province earlier this year. Another new province, Central Irian Jaya, was also to be declared but violent opposition to the new province forced a delay in the declaration.

If the elections fail, the New Order will benefit

Kompas - October 9, 2003

Jakarta -- The assessment by number of groups is that the 2004 general elections represent a critical period, where it is hoped that a political transition towards democracy will occur. Although the chances of the democratic process succeeding or failing is equal, if the 2004 elections fail to result in a process of political transition, the forces of the New Order [regime of former President Suharto] will benefit.

This was the conclusion of a discussion which was held by Nahdlatul Ulama's Association of Voices of Justice and the Study Institute for Human Resources Development at the Institute for Social and Economic Research, Education and Information (LP3ES) in Jakarta on Wednesday October 8.

"Like the 1999 elections, the 2004 elections represent a 'stake' for the political transition towards democracy. The opportunities for the success or failure of the elections are the same. If it fails, the New Order forces will benefit because society, which is disappointed [in the present government], will want them to return to power", said Jakarta General Elections Commission member Juri Ardiantoro.

As well as benefiting the New Order forces which are driven by the [former state ruling party] Golkar, the military and the conglomerates, the failure of the 2004 elections could result in widespread social disorder and the possible emergence of religious fundamentalism. "This disappointment and apathy is common in politics. However it could become a problem if is then expressed in destructive acts, said Juri.

Golkar could ascend

Meanwhile, the results of a survey by the Indonesian Survey Institute (LSI) which were announced on Wednesday, said that in the 2004 elections the Golkar party will obtain an increase in votes from 22.43 per cent to 30.7 per cent.

This represents the results of a LSI survey between August 1 and 20 which randomly questioned 2240 respondents in all of the provinces in Indonesia except Aceh.

Golkar's closest rival, [President Megawati Sukarnoputri's] Indonesian Democratic Party of Struggle (PDI-P) has experienced a reeducation in the number of votes from 33.73 per cent to 20.8 per cent. The National Awakening Party [founded by former President Abdurrahman Wahid] (PKB) has followed with a decline from 12.6 per cent to 10.8 per cent. This was followed by the [parliamentary speaker Amien Rais'] National Mandate Party (PAN) dropping from 7.11 per cent to 5.1 per cent of the vote.

"If the elections were held today, it is predicted that Golkar would be placed in the first position, pushing aside PDI-P. Meanwhile the [position of the] other parties would not change much compared with the 1999 elections. The conclusion is that if the elections were held today, the parties which have slogans of reform would fail. Conversely, the Golkar party, which is symbolized by the old spirit will indeed rise again", such were the results of the survey.

It was also explained that on the other hand, Islamic voters will not automatically choose parties with an Islamic flag. Most Islamic voters will give their vote to the Golkar party and PDI- P. However if the Islamic parties such as the Crescent Star Party (PBB), the Justice and Prosperity Party (PKS) and the United Development Party (PPP) fused into one, their votes would be more than Golkar. (win/INU)

[Translated by James Balowski.]

Parties to lose votes due to evictions

Jakarta Post - October 7, 2003

Tertiani ZB Simanjuntak and Evi Mariani, Jakarta -- As the administration continues to evict squatters from land owned by the city and private companies, political parties have begun to calculate the potential loss of voters.

Estimating a loss of 80,000 potential voters for the 2004 legislative elections, city councillors and politicians from the Indonesian Democratic Party of Struggle (PDI Perjuangan) called on the administration to halt the eviction campaign, which was scheduled to finish early next year.

The chairwoman of the PDI Perjuangan Jakarta chapter, Sumiyati Soekarno, demanded that Governor Sutiyoso, who was backed by the party during last year's gubernatorial election, temporarily halt the evictions.

"What will happen to the homeless during the rainy season? We know that the city is prone to floods. Moreover, the residents will not be able to exercise their right to vote in the upcoming elections if they have to leave the city as a result of the evictions. Frankly speaking, we might lose 50,000 votes," she said.

The chairman of the PDI Perjuangan faction in the City Council, Maringan Pangaribuan, gave a more modest prediction, saying only 38 percent of the potential 80,000 in lost votes, or about 30,400, would go to the party.

The quota for each of the 75 seats in the City Council, according to the General Elections Commission, is 114,960 votes. The capital is home to 8.6 million people.

"We have talked with Sutiyoso, who said that he would delay the eviction of illegal occupants on the administration's properties and halt the evictions on privately owned land.

"What I don't understand is why public order officers have been involved in evictions on privately owned land. Why don't the police take care of that?" Maringan said. A councillor from the National Mandate Party (PAN), Syamsidar Siregar, said her faction had also calculated its potential loss of votes, "but it is not that significant because they [evictees] can always be reregistered in other regions". Syamsidar said her faction was more concerned with the violence used during the evictions.

In a related development, the heirs of Munawar bin Salbini -- who was declared by West Jakarta District Court to be the legal owner of 15 hectares of land in Tanjung Duren Selatan, West Jakarta -- have reported Diman Purba to the West Jakarta Police for allegedly selling the land illegally to hundreds of buyers.

"We gave Purba a letter warning him to safeguard the land but it turned out that he sold it to other people piece by piece," Heriawan, one of Munawar's heirs, told The Jakarta Post.

The land, located next to Mal Taman Anggrek, has been the subject of a legal dispute for years between Munawar's heirs and seven other parties.

Munawar's heirs won the case in the district court, and this ruling was upheld by the Jakarta High Court in March. Therefore, the heirs attempted to regain control of the land and requested municipality public order officers to evict the illegal occupants.

Another of Munawar's heirs also admitted they had paid money to the officers but declined to go into detail.

A former resident, Jo Ing Nio, told the Post that she bought a few hectares of the land in 2000 from a man who said he had previously purchased it from Purba.

"I paid Pak Haji Enung Rp 80 million [US$9,411.77] for the land," she said, showing a payment receipt signed by both parties. "But there's nothing I can do as he passed away last year." Another former occupant, Sihite, also claimed that he had bought a piece of land for Rp 10 million in 2001 from Purba.

TNI to shun elections despite right

Jakarta Post - October 4, 2003

To celebrate its 58th anniversary, which falls on October 5, the Indonesian Military (TNI) has picked "Make the general election a success" as the commemoration's theme. The following is an excerpt of the question and answer session with TNI Commander Gen. Endriartono Sutarto, which was attended by The Jakarta Post's Tiarma Siboro.

Question: In the 2004 general election, the military will have the right to vote, but why did you once tell soldiers not to exercise that right?

A: We, the military, agree that the 2004 general election is the most important moment for this country because at this time, the country will see the direct election of leaders by the people. Along with the police, we want to safeguard the event by being neutral and impartial. We hope all parts of the country will support us.

Q: How do you implement it?

A: As a state apparatus, the military has not exercised the right to vote and consequently, the institution was granted free seats at the legislative body.

For a long time we have not exercised our political rights. But changes have been made since politicians amended the 1945 Constitution and provided us with the right to vote. Indeed, our seats at the House of Representatives will be scrapped in 2004 and at the People's Consultative Assembly in 2009.

Looking at the current situation of the country, which remains far from being mature in politics, I think it will be unwise to let the soldiers maintain impartiality while at the same time voting for certain political parties.

Therefore, again, I ask Indonesian people to allow the soldiers not to exercise their political rights.

Q: What kind of compensation will you ask for?

A: We have never asked for any compensation from legislators due to our position. TNI belongs to the people, therefore our aspirations should be in line with those of the people. We no longer need to pursue our political interests and, moreover, we don't ask for certain posts in the cabinet nor other political institutions. If the government decides to appoint military officers as cabinet ministers, I think the decision must be made based on meritorious and professional considerations.

Q: Do you anticipate a deadlock in the direct presidential election?

A: I don't think there will be a deadlock. [But] Perhaps the winner will not win by an overwhelming number of votes. No matter who contests the presidential election, the TNI will safeguard the event until the country chooses a president who is elected constitutionally.

Q: How does the military respond to retired officers who wish to contest the presidential election?

A: Principally, everybody has the right to run for presidency as long as they follow existing regulations. Regarding the retired military officers, I have to state that they are no longer within our structure. So there will be no obligation for us to support them. Also, I ask these retired officers not to seek support nor take benefits from either military individuals or the military institution. I also demand that the military avoid being "exploited" by candidates during their campaign.

Q: Why did you pick politics and general elections as a theme instead of military professionalism?

A: I have to talk about politics because the 2004 general elections is considered to be the momentum for the country to emerge from the current crisis. It is such a critical moment for this country.

Q: How about the elections in certain troubled provinces, such as Aceh?

A: Regarding Aceh, the TNI has no right to decide whether or not the martial law there should be lifted or extended. The decision lies with the government and legislators. The six-month period of the martial law will expire on November 19, so we can leave the matter to the political authorities... whether or not they will maintain the status. Our obligation to Aceh people is to enable them to exercise their right to vote, even if the political authorities decide to keep the emergency status.

Q: How about the plan to renew military's weaponry?

A: Principally, the state will be able to defend its sovereignty and dignity should its security force be provided with enough supporting equipment. I really want to see the military possess adequate weaponry to safeguard the state's sovereignty and safety.

Although the country is currently facing a difficult economic situation, I think the TNI's need for weaponry should not be a problem because we can rely on domestic companies which produce military equipment, such as [Surabaya-based state ship maker] PT PAL. We can purchase it from neighboring countries through counter trade deals.

I wish to equip the Air Force with a squadron of Russian-made Sukhoi jet fighters; or six MI-35 assault helicopters for the Army; or strengthen our Navy with dozens of vessels to guard our vast territory [with some 17,000 islands]. But, that's just what I wish.

Corruption/collusion/nepotism

Mega says human rights limit her fight against corruption

Antara - October 9, 2003

Denpasar -- President Megawati Soekarnoputri said Thursday that she does not want to be accused of abusing human rights in her fight against corruption, collusion and nepotism (KKN) at home.

"If I say someone is committing corruption, then I 'kill' him, I am sure I will be regarded as the Indonesian president who has violated the principles of human rights," she said in her speech during the commemoration of the 18th Habitat Day here.

She was commenting on a political observer's statement that in fighting KKN, the president must be strong and should model its fight on the Chinese government's drive.

She said the working system in China is totally different from that in Indonesia. "In China, if a leader says A, all the levels would say the same thing. However here, in the reform era, could we do the same?" she said.

She said combating KKN was not only the responsibility of the president or government officials but of all parts of society.

Strong, respected government required to combat corruption

Jakarta Post - October 9, 2003

Kurniawan Hari, Jakarta -- The government's lack of legitimacy and political will has allowed corruption to flourish, say activist students, the vanguard of the country's reform movement.

They also suggested that the country, which has been mired in protracted multidimensional crises, badly needs a powerful government with strong commitment to combating corruption.

"We need a strong government and national leaders with excellent leadership skills to combat corruption," Robert Nalenan from the Indonesian Catholic Students Association (PMKRI) told The Jakarta Post on Wednesday.

Fellow activist Kholis Malik from the Islamic Students Association (HMI) concurred and suggested that an overhaul in the country's state administration was necessary. "Corruption is rampant in almost all sectors in both the central and regional administrations," Kholis said.

The two activists were commenting on a survey released by the Berlin-based Transparency International that named Indonesia as one of the most corrupt countries in the world. According to the survey, Indonesia is the second most corrupt country in the Association of Southeast Asian Nations (ASEAN) after Myanmar, and the third in Asia after Bangladesh and Myanmar.

Rampant corruption, collusion, nepotism practices in both the bureaucracy and the private sector have been blamed for the economic crisis that has beleaguered the country since 1997, with the rupiah plunging and unemployment soaring.

Students, who spearheaded the country's reform movement that culminated in the downfall of former dictator Soeharto in May 1998, had demanded sweeping reforms, including the prosecution of big time corrupters. Five years after Soeharto's forced resignation, however, Indonesia has yet to see a big time corrupter put behind bars.

House of Representative Speaker Akbar Tandjung was sentenced to three years in prison for his role in a high-profile financial scandal involving the National Logistics Agency (Bulog). However, Akbar, who is also chairman of Golkar, the second biggest faction in the House, remains free pending appeal.

Kwik Kian Gie, head of the National Development Planning Board and a leader of the ruling Indonesian Democratic Party of Struggle (PDI Perjuangan), once said that corruption was much worse now than in the past.

Fellow PDI Perjuangan legislators Emir Moeis acknowledged that corruption still existed. Emir suggested that all offices tasked with supervising financial affairs must focus their activities on the money allocated for regional development. "The potential corruption is there because the amount of money distributed to regional administrations is Rp 114 trillion [$13.4 billion]," Emir said.

Separately, officials from the National Law Commission (KHN) disclosed on Wednesday that the government would set up a special court to deal with corruption cases. The special court dealing with corruption cases will be first set up in Jakarta.

"The Attorney General's Office is doing the preparations for the setting up of that special court," KHN member Harkristuti Harkrisnowo was quoted by Antara as saying in Sanur, Bali, on Wednesday. Thirty 30 state prosecutors and 10 judges are to get special courses for the court, she added.

In the meantime, KHN chairman J.E. Sahetapy said the House's legal commission was prepared to probe corruption cases considered to be conducted improperly. Sahetapy said the commission would only be able to reopen corruption cases if there was a demand from the people to do so.

He emphasized that corruption was rampant at all levels of society. According to him, revision of existing laws would not be enough to combat corruption. "It must be combined with consistency and morality," he added.

'Corruption rampant in courts, police, government'

Jakarta Post - October 8, 2003

Ahmad Junaidi, Jakarta -- The lack of political will to combat corruption has once again positioned Indonesia as one of the most corrupt countries in the world, anticorruption activists say.

Quoting a survey released by the Berlin-based Transparency International (TI) on Tuesday, Emmy Hafild said Indonesia was the second most corrupt country in the Association of Southeast Asian Nations (ASEAN) after Myanmar, and the third in Asia after Bangladesh and Myanmar.

Globally, Indonesia, together with Kenya, ranked sixth with a Corruption Perception Index of 1.9, with the highest or cleanest score being 10.

Last year Indonesia ranked fourth among 122 countries surveyed with a corruption index of 1.9. "There is no improvement as the rank rises due to the increase in the number of countries surveyed," she added. A total of 133 countries were surveyed from June 2002 through June 2003.

Emmy Hafild, who is also the secretary-general of Transparency International (TI) Indonesia, called on the public, civil society groups, and the mass media to use the upcoming general elections to embark on an anticorruption campaign.

Indonesia is scheduled to hold a legislative election in April 2004 and two-stage direct presidential elections in July and September 2004.

The TI report was based on 13 surveys conducted by various groups, including the Partnership for Governance Reform in Indonesia, Asian Development Bank, World Bank, Hong Kong-based Political and Economic Risk Consultancy (PERC), Transparency International, and Gallup International.

The surveys, conducted between June last year and June this year, involved businessmen, academics, expatriates and ordinary people.

The 1.9 score represents an average, ranging from 0.7 at the worst to 2.9 at the best based on the surveys conducted here. TI gives 1 point for the most corrupt country and 10 points for the cleanest country.

According to Emmy, corruption was still rampant in the courts and police force in the form of bribery and blackmail, and in the general procurement of government and military supplies in the forms of embezzlement of state funds and kickbacks.

Corruption was also committed by members of the House of Representatives and political parties through the practice of money politics, Emmy said.

Emmy praised the recent National Anti-Bribery Movement announced by businessmen grouped in the Indonesian Chambers of Commerce and Industry. "But unfortunately, the government has not given a good response to the movement," she added.

TI Indonesia chairman Erry Riyana Hardjapamekas, who recently received the Bung Hatta Anticorruption Award, said corruption had grown worse as the country's leaders had failed to set good examples. "We need continued efforts to fight corruption," said Erry, who is a former president of publicly-listed company, PT Timah.

TI Indonesia supervisory board chairman Todung Mulya Lubis said combating corruption in the country required a powerful institution. "I hoped the planned Corruption Eradication Commission will be a powerful body. It's our last chance for combating corruption," said Todung, who is also a member of the team in charge of selecting members of the commission.

He said the selection committee had agreed on Monday to invite non-governmental organizations such as Indonesian Corruption Watch and Government Watch to nominate candidates for the commission. "We have received 32 candidates' names, but we hope for more from these organizations," he said, while refusing to divulge who the 32 candidates were.

Indonesia is one of the world's most corrupt nations

Agence France Presse - October 7, 2003

Jakarta -- The Berlin-based group Transparency International on Tuesday listed Indonesia near the bottom of its list of corrupt countries, on the same level as Kenya but ahead of Myanmar, Angola, Cameroon, Paraguay, Nigeria and Haiti.

The list rates 103 nations on a score out of a possible perfect 10, with Indonesia placing 122th place with a score of 1.9.

Indonesia's ranking, worse compared to last year's ranking of 96, was "not a surprise because widespread corruption can be seen at every level," said Teten Masduki, coordinator of Indonesia Corruption Watch, a non-governmental watchdog.

"At every level, whether it's bureaucratic, political or judicial, corruption is the day-to-day means to make money," Masduki told AFP.

He said political corruption under President Megawati Soekarnoputri's current term was "frighteningly worse" compared to the reign of former dictator Soeharto, who resigned in 1998.

Masduki cited the growing number of political parties, compared to just three under Soeharto, as one of the reasons. Other analysts have also pointed to the much wider powers held by the regions following the government's decentralisation drive.

Airing the same sentiment, Kastorius Sinaga of the Gempita corruption watchdog group said he saw "no changes" made by the last two Indonesian presidents to combat corruption.

"From Abdurrahman Wahid to Megawati, corruption continues to grow because neither government is serious in implementing the supremacy of law," he told AFP.

Sinaga said major political parties were currently "trying to find ways to finance their parties" by placing their colleagues in "strategic positions" in the government.

Media/press freedom

No libel found on Texmaco vs 'Tempo' case, expert says

Jakarta Post - October 10, 2003

M. Taufiqurrahman, Jakarta -- An expert witness testified in the Central Jakarta District Court on Thursday that there was nothing libelous in over 50 articles run by Tempo weekly about the country's largest textile company, the PT Texmaco Jaya Group.

R.H. Siregar, the deputy chairman of the Press Council, said that in covering the financial woes afflicting Texmaco and the company's owner, Marimutu Sinivasan, the magazine had followed journalistic principles. "Tempo did not make the story up, it only reported facts that were public knowledge," he said.

He said that in publishing over 50 articles from January to April, the magazine was exercising its social control function and promoting the interests of the general public. "When the weekly ran the articles on Texmaco's huge debt to the government, it aimed to inform the public that this was their tax money being misused," he said.

Siregar said Marimutu's decision to file a lawsuit against Tempo was unjustified under the press law. "By law, Marimutu has a right to counter the articles and to file a complaint with the Press Council," he said.

Marimutu, who has resigned his post at Texmaco, filed a libel suit against the weekly for publishing articles that, he alleged, tarnished the image of him and the company. He has demanded that Tempo pay him US$51 million in damages.

The businessman also filed a civil suit against Kompas daily seeking $151 million in damages. Marimutu has accused the country's leading daily of carrying out a systematic campaign to assassinate his character.

Experts have said the suits could set a bad precedent for the press and its function as an agent of social control. Presiding judge Sylvester Djuma adjourned the trial until October 16.

Indonesian tycoon puts heat on editors

Straits Times - October 8, 2003

Robert Go, Jakarta -- A fire gutted South-east Asia's largest textile bazaar on February 19, and Tempo, Indonesia's best- selling magazine, has been feeling the heat ever since.

In its March 3rd edition, the news weekly called Mr Tomy Winata -- one of the country's richest and best-connected tycoons -- a "thug" and linked him to the blaze. Tempo had reported that Mr Winata, whose business empire is said to include gambling dens, shopping centres and banks, had proposed an S$11 million renovation for the market. How convenient, the publication suggested, that a fire should destroy 5,500 kiosks shortly after.

Mr Winata fought back. On March 8, a 100-strong mob, which included cadres of a youth group sponsored by President Megawati Sukarnoputri's PDI-P party, marched against Tempo. They shoved staffers around, punched two of the editors, and threatened to burn down Tempo's premises. They acted "to protect Mr Winata's reputation" and to force a retraction.

Standing and watching the drama were the cops. In fact, a Jakarta court on Monday ordered several Indonesian police officers, including the national police chief, to publicly apologise to Tempo for turning a blind eye to assaults on its reporters.

Winata supporters have appeared before. Last year, armed thugs thrashed NGO Humanika's office after it distributed leaflets on his dealings in drugs and gambling.

Tempo's woes are not over. Editor Bambang Harymurti and journalists Ahmad Taufik and Iskandar Ali have been charged with "knowingly publishing news reports to provoke unrest" and "violating anti-defamation laws". They face up to 14 years' jail.

Mr Winata is suing Tempo weekly and its sister publication, the Koran Tempo daily, for nearly S$60 million. He has also persuaded a court to bar Tempo's co-founder Goenawan Mohamad from selling his house pending the case's outcome.

Some leading public figures have taken notice of the goings-on and have come out in support of Tempo. They see the issue as one of press freedom -- can the media freely report the news, or can rich tycoons and powerful figures intimidate the media and even the courts? The court order to confiscate Tempo properties, critics said, was delivered even before the two sides got a chance to face each other in court. These critics, who include top lawyers, rejected the bench's justification that the seizure orders were meant to make sure Tempo would honour a judgment against it.

Former president Abdurrahman Wahid was also critical last Wednesday during a hearing on the Tempo case. He said: "Who in the world does Tomy think he is, that he thinks he can abuse the law for his own interests?" He also attacked Mr Winata"s "shadowy businesses', telling the crowd that in April 2000, he had ordered the police to investigate and arrest the tycoon for allegedly running gambling operations on an island north of Jakarta. The authorities did nothing, he said.

Legal experts said some aspects of Mr Winata's case against Tempo are unusual and "maybe even suspect". Mr Frans Winarta, a top lawyer in Jakarta, said: "This is out of the ordinary. The judge applied a debtor-law clause to a libel case." He explained that judges had rarely done this before, and only when they feared defendants might skip town and not pay the penalties. Other legal sources told The Straits Times they suspected judges had been pressured to act against Tempo.

All these allegations do not ruffle Mr Winata. He insists he is a "legitimate" and "successful" businessman.

The real issue here, however is the evolution of Indonesia's media and press. Indonesia's media outlets are much livelier since the end of the Suharto era. The increased number of mob attacks and libel suits against publishers are signs of this.

Several editors of top Indonesian media said the outcome of this court battle will determine what freedoms journalists will enjoy. One such source said: "If Tempo loses this case, then we'll see more attacks from politicians or the rich who are bothered by our reports, even if what we print is truthful."

Leading editor's home seized in defamation row

Radio Australia - October 3, 2003

In Indonesia, one of the country's most respected journalists and intellectuals, Tempo-media group co-founder Gunawan Mohamad, has had his Jakarta home confiscated by the courts....Simultaneous moves to seize a key Tempo office have so far failed on grounds that the company doesn't own the building concerned. The court's actions stem from a protracted legal battle with a controversial, but well connected businessman who's been accused of trying to stifle press freedom.

Presenter/Interviewer: Tom Fayle

Speakers: Ati Nurbaiti, head of Indonesia's Alliance of Independent Journalists; veteran lawyer Hotma Sitompul; Todong Mulya Lubis, lead lawyer for the Tempo defence.

Fayle: Tempo has been at the forefront of investigative journalism and the defence of human rights in Indonesia for decades ... suffering regular harassment and years of closure under the former Suharto regime.

Suharto's New Order Government may no longer be in power, but the Indonesian media continues to face attack from a variety of sources ... sometimes physical, sometimes legal, sometimes both.

Tempo's latest troubles began earlier this year, when it ran an article suggesting a link between a devastating Jakarta market fire and prominent real estate developer and banker Tomy Winata.

The businessman vigorously denied the allegation, and a short time later hundreds of people claiming to be his supporters ransacked one of Tempo's offices and beat up a number of its journalists as police watched on.

Once again, Tomy Winata denied any involvement ... and subsequently launched defamation action against Tempo, demanding an apology and millliions of dollars in damages.

Now in an move described by Tempo's legal team as judicial overkill, the court has slapped a preventative seizure ... or attachment order on Gunawan Mohamad's Jakarta home.

Todong: This is unprecedented. Gunawan Mohamad is not a corrupt guy. He's not a criminal, he's not a convict. So I think the court has overdone it when it comes to Gunawan Mohamad.

Fayle: Todong Mulya Lubis is lead lawyer for the Tempo defence.

Todong: The judiciary is not 100 per cent independent here. The judiciary has always been intefered with by what I call invisible hands. I cannot accuse anyone of intervening, but it's very much felt that the court has been acting in line with the plaintiff's side.

Fayle: He says the Tempo case, together with an number of other legal actions againt high profile media outlets, is part of a systematic attempt to bring Indonesia's sometimes unruly post -Suharto press to heel.

Todong: I'm not saying that the media has not made any mistakes. They probably did. But as long as there is no malicious intent, and as long as there is no reckless disregard on the part of the media ... this is not a crime in itself.

Fayle: The view from the other side of the court room battle is understandably different. Describing himself as Tomy Winata's friend, veteran lawyer Hotma Sitompul has been involved in a series of well-publicised cases, involving senior politicians and high ranking miltary officers. He says Tomy Winata was left with no option but to use the courts to defend his reputation after Tempo refused to apologise.

Hotma: The question is, cannot the press be wrong? Are they always in the right? Do they ever harm people? And if the press harm people, humiliate them ... what can you do? Do you burn their offices? You cannot do that. You have to go to the court. Then after Tomy Winata went to the court ... everbody got angry. You should obey the court.

Fayle: Hotma Sitompul says Tomy Winata is determined to teach the press a lesson, to force them to act in a more "responsible" manner.

Hotma: I agree with people like Tomy Winata, who lets people know there is a bad press. We are free, the press is free ... but still they have to be responsible. We talk about proof, if you are against somebody, you have to prove it.

Fayle: Indonesia's Alliance of Independent Journalists, while critical of the lawsuit, says it looks like the media will have to learn to live with more and more litigation ... and to push hard for such cases to be funelled through the post-suharto press law rather than through the criminal code, as in the winata action. Alliance head, Ati Nurbaiti.

Nurbaiti: We will still have to campaign on the removal of colonial era laws, because these clauses on defamation were invented to crush the independence movement and now we are using it against our own people. Of course, the defamation laws are useful for ordinary, for regular people but dangerous when used by the more powerful. We just thought the police would refer people to the press law in cases of the press, which of course has not happened, and that's where we think we have failed. We haven't campaigned for the press law hard enough.

Regional/communal conflicts

Six Christians killed in Indonesia violence

Reuters - October 12, 2003

Jakarta -- Six Christians have been killed, and more are feared dead, in attacks by unidentified armed men on three villages in Indonesia's Central Sulawesi province, police said on Sunday.

The attacks, near the town of Poso some 1,000 miles northeast of Jakarta on Saturday night, come a day after the killing of two Christians and the burning of a church and about 30 houses in another village by gunmen, according to police.

The latest attacks on mostly Christian villages near Poso have raised fears of a resurgence of religious violence in the region where some 2,000 people have died in clashes since 1999.

About 85 percent of Indonesia's 210 million people are Muslim. The rest are mostly Christian, Hindu and animist.

The attacks have come after months of relative calm in Sulawesi. The area was wracked by violence in 2001 and 2002 and became a training ground for many Muslim militants.

"There were six people killed and nine injured in three villages...all of them Christians," Rudy Tranggono, deputy Poso police chief, told Reuters. Police earlier said four villages were attacked. "There was no damage to houses or churches in the villages," Tranggono said, adding that the identity of the attackers was not known.

But an official at Poso District Hospital, Sugianto Kaimudin, said he had received at least 14 injured people from the attacks on Saturday. He said three of the dead were brought to his hospital. One had been shot and two were hacked to death with machetes.

Wayan Miscaya, a nurse in the emergency department, said he was told by villagers that a total of eight people had been killed in the attacks.

Human rights/law

NGOs plan massive rallies to protest human rights abuses

Jakarta Post - October 7, 2003

Nusa Dua -- A number of human rights activists and members of non-governmental organizations (NGOs) from ASEAN member countries plan to stage a demonstration on Tuesday to protest human rights abuses by the leaders of ASEAN.

As an expression of their anger toward the junta in Yangon for its treatment of opposition leader Aung San Suu Kyi, they vowed to tear down the poster of Myanmar's Prime Minister Gen. Khin Nyut, displayed along with posters of the other ASEAN leaders at the entrance to the Bali International Conference Center, where the ASEAN summit is being held.

Debbie Stothard, coordinator of the NGO Altsean-Burma, said on Monday that ASEAN had not learned any lessons from Myanmar's experience. "For decades, the Burmese military regime has used brute force and repressive laws against their own citizens in the name of national security. Their repression has caused millions to flee their homes and scared investors away," she said as quoted in a press release made available to The Jakarta Post.

On the sideline of the 9th ASEAN Summit and ASEAN Business and Investment Summit, a number of NGOs from ASEAN member countries are holding a parallel summit.

Human rights activists gathered at the Bualu hotel in Nusa Dua, near the venue of the ASEAN summit, on Monday. They slammed ASEAN governments for turning the "war against terrorism" into a "war for terrorism" through the increased used of violence and repressive laws, creating more insecurity, fear and resentment among people in the region.

Indonesian activist Bonor Tigor of Solidamor pointed to the Indonesian's governments actions in Aceh. "Most of the victims of the war in Aceh are civilians. We call on both sides, the government and the Free Aceh Movement to stop the war and declare a cease-fire during the fasting month [Ramadhan]," he said.

Yap Swee Seng from SUARAM, a Malaysian human rights organization, warned ASEAN that repressive laws such as Malaysia's Internal Security Act would not wipe out terrorism, but only perpetuate more injustice and human right violations, which are the main causes of terrorism.

"ASEAN should respect human rights if it desires genuine security and stability. All political prisoners, including Aung San Suu Kyi and Anwar Ibrahim, should be released immediately." He also said that retiring Malaysian Prime Minister Mahatir Mohamad had done a grave disservice to human rights and democracy, both domestically and regionally.

"Malaysia should take responsibility for the continuous deterioration of human rights in Myanmar as it was the regime's main sponsor for ASEAN membership," he said.

Sunai Phasuk, a political analyst from Thailand's Forum-Asia, said the policies and actions of Thai Prime Minister Thaksin Shinawatra's government on numerous issues had made the country a major impediment to ASEAN truly becoming a regional community that promote and protect human rights, democracy and fairness.

"People's participation, central to Thailand's democracy, has rapidly been restricted. To consolidate an unchallenged rule, the government has curtailed freedom of assembly, freedom of association and freedom of expression. "Thaksin's government is bringing back old practices where punishments were meted out at the wish of the rulers without any reference to limits imposed by law and morality," Sunai said.

A representative of the Open Singapore Center, Gandhi Ambalam, said the rapid economic development experienced by Singapore was not matched by development in other sectors. "Economic development without political freedom will not be able to bring about wealth creation and sustainable growth," Ambalam said.

This truth, he said, has begun to dawn on Singapore, which has been bogged down in recession since l998. "Singapore has been under one-party rule for the past 44 years. The initial euphoria over the double-digit growth experienced from the l970s to the early 90s has been given way to increased despondency among the people of Singapore," he said.

Landry H. Subianto of the Centre for Strategic and International Studies in Jakarta said ASEAN's attempts to create an integrated community would be difficult without certain prerequisites, including good governance, inclusiveness and democracy.

"There must be an improved spirit of partnership, not only among governments but also between governments and civil society and among the people of Southeast Asia," Subianto said.

Reconciliation & justice

Observers give thumbs down to new commission

Jakarta Post - October 8, 2003

Kurniawan Hari, Jakarta -- Observers have warned the public not to be overly optimistic about the newly established Constitutional Commission, saying that the final say was still in the hands of the People's Consultative Assembly (MPR).

The MPR set up the long-awaited Constitutional Commission on Tuesday to harmonize the amendments that have been made to the 1945 Constitution, which, according to some analysts, are loaded with compromises designed to favor the short-term political interests of certain groups.

The commission, which has 31 members, will have seven months to work on the Constitution. However, as stipulated in the Constitution, their assessment will serve as a second opinion only, with MPR members still having the final say.

Hadar N. Gumay of the Center for Electoral Reform (Cetro) and Marwan Mas from the Makassar-based 1945 University also noted the selection of some figures known previously to be opposed to the amendments, warning that their presence could jeopardize the harmonization efforts. They declined to give any names.

According to Hadar, only about one-third of the 31 members of the Constitutional Commission have the necessary qualifications.

"If they are influential, the result of the assessment will be excellent. But, I am afraid the other, less-qualified figures will dominate the discussions," he told The Jakarta Post on Tuesday.

Marwan concurred with Hadar, and added that the public would question the commission's credibility if its members started arguing the pros and cons of the amendments once again.

Bambang Widjojanto from the Partnership for Government Reform said meanwhile that the commission would not answer the problems faced by the public. "It has been clear from the beginning that the Constitutional Commission won't change anything," he said.

MPR speaker Amien Rais said that the commission's assessment would not be binding but pledged to use its findings to improve the newly amended Constitution. "But, we hope the results will be good and Assembly members will accept the outcome," he said.

The commission will start its work on Wednesday with the selection of the chair and deputy chairs.

Commission member Maria Farida Indrati said the commission would focus on ironing out various inconsistencies in the Constitution.

For example, Maria said that Article 20 (5) of the amended constitution urgently need revision. Article 20 (5) says that a bill that has been approved by the House will automatically enter into effect within 30 days if the presidential consent is withheld.

She emphasized that every law must be consented to by the President as it is the President who is held accountable for the implementation of laws.

Pranowo rejects rights charge

Jakarta Post - October 8, 2003

Tiarma Siboro, Jakarta -- Defense lawyers for former Jakarta military police chief Maj. Gen. (ret) Pranowo asked the ad hoc rights tribunal for the Tanjung Priok massacre to reject the prosecutors' indictment against him on Tuesday, saying it lacked legal merit.

Pranowo is charged with the unlawful arrest of up to 169 civilians, including Muslim politician A.M. Fatwa, and of detaining them at Military Police Headquarters on Jl. Sultan Agung, Central Jakarta, without warrants.

According to Yan Juanda Saputra, one of the defense lawyers, the indictment was absurd because it failed to disclose the names of Pranowo's subordinates for whom he was allegedly responsible.

"The indictment does not specifically reveal the names of Pranowo's subordinates who allegedly tortured the civilians who were at the time being detained at the Military Police Headquarters since September 13, 1984.

"Moreover, prosecutors cannot blame my client for violence endured by the civilians when they were being detained at another military detention center in Cimanggis, Bogor regency, West Java, because it was the head of the center who was supposedly responsible for the alleged brutality," Juanda told the court presided over by Adriani Nurdin.

The lawyers also questioned whether or not the court had the right to hear the case, which occurred almost two-decades ago, arguing that the country's legal code did not recognize a retroactive principle.

Indeed, the court could not try the people unless there were regulations that stipulated the violations as crimes, the lawyers said.

According to the prosecutors, the detention period varied from one day to 15 days. Pranowo then moved all the detainees to the Cimanggis military detention center and kept them there for up to three months.

All of the detainees were crammed into one windowless cell and were deprived contact with their families. Soldiers from the Military Police unit also tortured them, causing some to suffer serious injuries, according to the prosecutors' indictment.

But the lawyers argued that Pranowo "had just received a request from the police to put suspected Tanjung Priok civilians in his custody due to a certain legal consideration." "The civilians were charged with subversion, instead of ordinary crimes. Therefore, the police, along with the prosecutors from the Attorney General's Office, decided to place them in military detention." Prosecutors charged Pranowo with violating Articles 7 and 42 of the Human Rights Law No. 26/2000 on crimes against humanity, which carries a minimum jail term of 10 years and a maximum penalty of death.

The Tanjung Priok killings were reportedly triggered by a military soldier who entered a prayer room (musholla) near the port of Tanjung Priok on September 7, 1984, without obeying certain religious protocols.

He went in to tear down posters considered by the government as extremist in nature, but he did not take off his boots, an act regarded to be tantamount to desecration in a Muslim holy place.

Witnesses alleged the soldier smeared drain water on the walls as well. An outraged group of people then burnt the soldier's motorcycle. Four people, including the musholla's administrator, were arrested.

Five days later, Amir Biki, a local Muslim activist, led some 1,500 fellow civilians in a march to the nearby police station to put pressure on authorities to free the four detainees.

Eyewitnesses said that soldiers opened fire, killing scores of protesters. Biki was among the dead. Many other demonstrators were detained and allegedly tortured in connection with the demonstration.

There is conflicting information on the number of victims in the incident. The National Commission on Human Rights (Komnas HAM) put the death toll at 33, but military authorities said only nine people were killed. Families of the victims, however, claim that almost 400 Muslim protesters were killed during the incident.

Focus on Jakarta

Halt on evictions demanded

Jakarta Post - October 10, 2003

Tertiani ZB Simanjuntak, Jakarta -- As talks with city administration officials on violent evictions have become futile, three human rights commissions called on Thursday for a moratorium on all eviction plans in the next 180 days, pending an evaluation of the city's policy on eviction.

"We call on the administration to stop forced eviction by halting all eviction plans for 180 days," said Nunuk P. Murniati, member of the National Commission on Violence Against Women (Komnas Perempuan), at a media conference.

The demand was made jointly by the National Commission on Human Rights (Komnas HAM), the National Commission on Child Protection (Komnas Anak) and Komnas Perempuan. It also formed part of an open letter to Jakarta Governor Sutiyoso sent later in the day.

The three commissions demanded the administration relocate the evicted people to appropriate places and provide proper treatment for children suffering from distress, post-violence trauma and illness, as well as provide education for them.

"We demand the administration not allow itself to be used by the owners of capital as an instrument of popular repression ... Development should not sacrifice the interests and basic rights of the public," Komnas Anak chairman Seto Mulyadi said.

He added that the City Social Affairs Agency had agreed to provide one-year scholarships and school equipment for about 150 school-aged children from Cengkareng Timur district, whose houses were bulldozed by the West Jakarta municipality administration on September 17.

The three commissions highlighted violations of the people's basic rights and possible negative impacts of violent evictions, such as job losses, an increased number of street children, a rise in street crime and growing anti-government resentment.

"We recorded that one resident died of injuries he sustained in a clash with public order officers, while one girl is suspected to have been a victim of rape by the officers in charge of the eviction," Taheri Noor of Komnas HAM said.

Komnas Anak executive director Arist Merdeka Sirait added that the commission had reported the alleged rape to the Jakarta Police Headquarters on Wednesday, demanding that a serious investigation be carried out.

"The 13-year-old girl had just arrived home from school on September 17 but found her home was gone and could not find her parents. She said she was abducted by five men in blue uniform and was left in Tanah Abang, Central Jakarta, three days later. A medical examination confirmed that she had been raped," he said.

Earlier, Urban Poor Consortium coordinator Wardah Hafidz and several councillors identified a more concrete solution to eviction by proposing a land-sharing deal between land owners and the public.

By the end of this month, the administration is scheduled to continue in its plans to recover land from squatters in several areas in North Jakarta, namely Kali Adem riverbank, Muara Karang; Tanah Merah, Plumpang, and under the Wiyoto Wiyono toll road, Pluit, as well as at Tegal Alur cemetery, West Jakarta.

'Public order officers cruel, rude'

Jakarta Post - October 6, 2003

Leo Wahyudi S. -- Forced evictions conducted by the city administration usually end in clashes between public order officers and the "illegal" occupants. People often end up in hospital due to their injuries; one even died in the last eviction in Cengkareng, West Jakarta.

The Jakarta Post talked to some people on the use of violence by public order officers.

Ujang, not his real name, 30, is a coffee vendor in the National Monument (Monas) park in Central Jakarta. He lives in Bogor with his family: In my opinion, the city public order officers are inhuman and merciless. Sometimes they can be even crueler than the military.

I myself have been beaten several times by the officers as they considered I had violated the regulations by doing business in the park.

They would came to me and rudely order me to move by kicking me or would simply take my hot water urn. Sometimes, they would force me to give them all my money. What's the difference between robbers and the public order officers? Now I have the guts to fight their inhumane treatment. I'm not afraid to go to jail for my actions, because I'm not doing anything wrong. I'm not a criminal. I'm earning money here and they treat me harshly.

Saiman, not his real name, 50, is a sidewalk food vendor at Gambir railway station, Central Jakarta. He lives in Pancoran, South Jakarta, with his wife and four children: I hate the city public order officers because they always chase vendors like myself although we are only trying to earn some money. If they get the chance, they beat us like an animal and, sometimes, take away my goods and my money.

They are very arrogant and inhuman. Even the police don't treat us that rudely. I know that because some police officers came to me and said sorry for what had happened. The public order officers should understand the hardships of life and survival in the city. If only they would use a more humane approach to evict us, we would respect them.

Sofi, 29, lives in Joglo, West Jakarta, with her family: It's regrettable that our public order officers always use violence during evictions. I realize that they are just following orders from their superiors but I'm sure they do it to get the job done. I think they get an allowance for each eviction.

It's proof of how powerful and evil money can be. A few thousand rupiah is enough to make them commit violence.

I think the public order officers come from poor families. Their recruitment is not based on professional standards. I guess some of them are former thugs who used to extort money from people.

News & issues

Soeharto again visits son in island jail

Agence France Presse - October 10, 2003

Jakarta -- Former president Soeharto has made a brief third visit to his youngest son Hutomo "Tommy" Mandala Putra in an island prison, his aide said on Friday.

Soeharto, accompanied by two other sons Sigit Haryoyudanto and Bambang Trihatmojo, flew by helicopter to Nusakambangan island off south Java on Thursday.

Soeharto then drove in a luxury van to Batu penitentiary -- one of four jails on the island -- but had to be helped by both his sons to walk to meet Tommy, said the aide, who declined to be identified.

He said Soeharto, 82, met Tommy, who is serving 15 years for ordering the contract killing of a judge, for two hours. "He simply just misses his son and the visit is part of a homage before the start of [the Muslim fasting month] Ramadan," the aide told AFP.

He said Soeharto gave Tommy his favorite food and hugged him for a long time but the conversation was impeded by the elder Soeharto's halting speech. He has suffered a stroke.

The former dictator resigned under mounting public pressure in May 1998. His health has deteriorated and he has mostly been confined to his residence in the smart Menteng suburb of Jakarta. After stepping down Soeharto was charged with embezzling US$571 million in state funds. His trial has been postponed indefinitely on grounds of poor health.

Tommy, a former millionaire playboy, was convicted in July last year of arranging the murder of a judge who had ordered him jailed for corruption and of possessing firearms and explosives.

Health & education

Lack of knowledge on sex, drugs puts adolescents at risk

Jakarta Post - October 9, 2003

Evi Mariani, Jakarta -- Lack of knowledge about sex, reproductive health and illegal drugs has put Indonesian adolescents at risk, while data made available by the United Nations Population Fund (UNFPA) shows that 23.5 percent of the country's adolescents have no idea what HIV/AIDS is.

Adolescents and youths, or people aged 10 to 24, in Indonesia account for 30 percent or around 62 million of the country's total population of 210 million.

Only 26 percent of the young people were able to discuss sex and reproductive health with their parents, according to UNFPA data, distributed during a launch of its annual report State of World Population 2003: Investing in Adolescents' Health and Rights on Wednesday in Jakarta.

A majority, 86 percent, get information on sex and HIV/AIDS from inadequate sources like friends and entertainment media, the data shows. Meanwhile, the report states that information and education on sexual and reproductive health is critical to adolescent development and well-being. Promoting behavioral change is essential in reducing adolescent pregnancy and stemming the HIV/AIDS pandemic.

For example, a campaign to increase condom usage among Indonesian commercial sex workers, combining print media, events at bars and universities, counseling on condom utilization and education of brothel owners, has increased condom use among the workers from 36 percent to 48 percent, it says.

Besides HIV/AIDS, young people are also vulnerable to sexually transmitted diseases, death risk in improper abortions, unwanted pregnancy, and drug abuse.

A 2001 survey in five cities conducted jointly by Indonesian Planned Parenthood Association (PKBI), UNFPA, and the National Family Planning Board (BKKBN) revealed that 14.73 percent of adolescents had had premarital sex but did not possess adequate information about sex or reproductive health.

"Sex and reproductive health is a quite sensitive issue, meaning we cannot talk openly about the matter with youths in one way communication method," said PKBI acting executive director Inne Silviane in the launch. "However, teachers in Indonesia even lack the knowledge and correct methods to talk about it with their students."

Separately, Dewi Ariani, a staff member of University Atma Jaya's Kiosk of Health Information, told The Jakarta Post that many schools did not allow sex and drug education in their schools. "Some of them refuse, claiming they do not have students who use drugs," she said.

Whereas, the report reveals that half of new HIV infections in the world are among young people aged 15 to 24, and surveys in 40 countries indicated more than a half the people with HIV/AIDS have misconceptions about HIV/AIDS transmission. "HIV/AIDS has become a disease of the young," said UNFPA Jakarta representative Bernard Coquelin said.

Indeed, the report says 6,000 youths in the world are estimated to be infected with HIV/AIDS everyday, meaning one youth is infected every 14 seconds. The report stresses that the deadly diseases, along with early marriage and unwanted pregnancy among the world's adolescents are a threat to development and must be combated as part of the war on poverty.

Through the report, UNFPA reminded the world that investing in adolescents' health and rights was important because a fifth of the world's population -- 1.2 billion people -- is aged between 10 and 19, more than ever before.

Helping adolescents with sex and reproductive health issues has become an urgent priority, the report says, calling for more investment in youth-friendly services, family planning and education programs. It adds that half of the young people here are poor and a quarter live in extreme poverty on less than a dollar a day.

Bali/tourism

Bali plots its recovery ... someday

Asia Times - October 10, 2003

Gary LaMoshi, Denpasar -- The simplest statistic about the economic impact of the terrorist bombings in Bali a year ago this Sunday is that two McDonald's have closed. That's not just an indicator of decimated tourist arrivals.

In Bali, as elsewhere in emerging Asia, McDonald's represents an upmarket indulgence for aspiring local families. With the decimated tourism industry directly or indirectly providing incomes to an estimated 80 percent of families, Bali's residents are cutting back on indulgences as well as necessities.

A United Nations Development Program survey found earnings down, school enrollments down, and some people even eating fewer meals in response to the shrunken tourism. Temple activities for Bali's unique brand of Hinduism also appear to have been trimmed, with fewer ogoh-ogoh -- giant papier mache demon statues -- in evidence for the most recent New Year holiday than in past years.

The gap

Statistics through August show direct tourist arrivals in Bali have fallen by more than a third compared with the previous year since the October 12, 2002, bomb blasts. In the month immediately after the bombings, 57 percent fewer tourists came (31,497 arrivals versus 72,806 in November 2001). Surprisingly, the arrivals gap hit a high of 60 percent in May this year when severe acute respiratory syndrome (SARS) was in the air (even though Bali remained SARS-free).

Gaps narrowed to 34 percent for June, then 24 percent for July, the first month of the high season (111,828 this year vs 147,033 arrivals in July 2002), then rose to nearly 27 percent for August (117,600 this year vs an apparent record 160,420 arrivals in August 2002). Overall, 419,000 fewer visitors have arrived in Bali since the bomb and, by official estimates, tourist spending has fallen by more than US$400 million.

Bad as those figures are, they don't tell the whole story. More visitors from Asia are among the arrivals, in place of tourists from Europe and the United States. Asians tend to come for five days on discount packages, while Westerners generally stay longer. That means hotels, restaurants, tour operators, and nightspots, as well as government's take from taxes, are all suffering more than the arrival numbers and official estimates indicate.

More troubling than the disease is the apparent lack of an effective cure. With politicians suffering from Bali fatigue, national elections coming next year, and tougher visa restrictions for tourists looming, things may get worse in the months ahead.

Last month, a Pacific Asia Travel Association (PATA) Bali Recovery Task Force presented a recovery program to 120 Bali tourism leaders. The session revealed just how little real progress has been made to revive the main cog driving Indonesia's $5 billion tourism industry and the substantial roadblocks to recovery that remain.

Crisis management

The expert advice given to Bali in the PATA report and the meeting include lessons useful for any destination attempting to rebound from a disaster or crisis. Consultant Bert van Walbeek, a veteran of tourism-recovery programs after the 1990 Gulf War (for Sheraton's Middle East hotels and the Egyptian government) and for the Tourism Authority of Thailand after Bangkok's 1992 military coup, defines a crisis as a situation "where you can't just say, 'Let's forget the whole thing.'"

And, as every veteran of the 1997 economic crisis in Asia knows, the Chinese character for "crisis" combines "danger" with "opportunity". Recovery means exploiting those opportunities. For example, van Walbeek noted, "The name 'Bali' has been enhanced; a lot more people know about Bali than did before the bomb."

Some Bali tourism leaders see this month's foreign government visitors to the island as an opportunity to point out the absurdity of travel warnings still in effect for Indonesia. In addition to Association of Southeast Asian Nations heads of state, plus leaders of Japan, China, South Korea and India, in Bali this week, US President George W Bush plans a stop in Bali as part of his trip to the Asia Pacific Economic Cooperation in Bangkok, and Australian Prime Minister John Howard is coming for October 12 commemorations this weekend, bringing hundreds of Australian survivors and victims' relatives with him, all on his government's tab.

However, van Walbeek warned that complaining about travel warnings only raises public awareness of them. What Bali really needs, as detailed by the PATA task force, is a comprehensive action plan for rebuilding it as a tourist destination.

Of the eight PATA recommendations, one focuses on addressing security and safety concerns and another on creating a crisis management plan. The other six involve better coordination and cooperation between various industry players that include airlines, local and national government tourism and security agencies, and trade groups.

Uncoordinated

Such coordination remains elusive in Indonesia. In Egypt and Thailand, van Walbeek recalled, government took the lead in the recovery program. Egypt's tourism minister provided a plane for a two-week whistle-stop tour of European cities to bring their message directly to tour packagers. Thailand's government provided promotional campaign funding and incentives; in return, hotels provided thousands of free room nights both for incentives and for overseas travel agents. (Indonesia's current $12.5 million tourism-promotion budget is a fraction of the spending by rivals Thailand, Malaysia and Singapore.)

At the PATA meeting, the leading complaint from attendees was that, a year after the bombings, no leadership has emerged to pilot the recovery. "Bali's tourism industry is in desperate need of clear thinking and leadership," Bali Tourism Board chairman Putu Agus Antara declared in a speech delivered on his behalf at the meeting (he was unable to attend because of a conflicting engagement).

"Those in positions to lead our industry have both the opportunity and obligation to do whatever they can to improve our current situation," said J M Daniels, president director of www.balidiscovery.com and past chairman of the Bali PATA chapter. "If they refuse to exercise those responsibilities, we -- the members of the industry -- must demand they lead."

The PATA report maps where to lead, including a blueprint for taking the island and the industry through the four phrases after a disaster: recovery, rehabilitation, normalization, and expansion. The detailed program includes public relations, industry and government steps needed to accomplish a turnaround from disaster.

According to the PATA task force, the first steps should have been taken as soon as the bomb smoke cleared on Jalan Legian. With luck, maybe Bali will get started on its recovery script by the time it's supposed to be wrapping up the final phrase. Sadly, the work that should have begun in the days immediately after the tragedy is every bit as necessary a year later.

Jakarta to issue free visas to only 10 countries

Straits Times - October 9, 2003

Indonesia is to restrict the number of countries which receive free travel visas to just 10. Thirty-eight countries, but not Singapore, will be affected by the new ruling, which is being introduced for security reasons and will take effect from December 1.

Explaining the move, Indonesia's Deputy Minister for Culture and Tourism, Mr Udin Saifuddin, said: "There's been some concern about international terrorist linkages. We want to ensure that Indonesia is a safe place for all visitors." However, he added: "This is only a temporary measure. We may review this ruling in six months' time."

Not all countries dropped from the free-visa list had been excluded for security reasons, said Mr Udin. Some had been excluded because they did not offer a reciprocal visa policy to Indonesians. The countries affected include Saudi Arabia, Jordan, Belgium and Holland. Singapore is among 10 countries that will continue to enjoy free visas. Others to have the same privilege are Morocco, Chile and Peru.

Under the new regulations, visas will be given on arrival to tourists from 23 countries, including Australia, the United States, Britain, the United Arab Emirates and Japan. Indonesia plans to charge foreigners US$30 for a 30-day non-renewable visa upon arrival.

Tourist arrivals to Indonesia this year are expected to reach only 4.8 million, down from 5.1 million in 2002. To draw more visitors, Indonesia is holding a one-week roadshow to promote itself in Kuala Lumpur, Singapore and Bangkok. The roadshow will end on Saturday in Bangkok.

Islam/religion

Clerics want Criminal Code to incorporate Sharia

Jakarta Post - October 9, 2003

Yuli Tri Suwarni and Blontank Poer, Bandung -- Around 200 hard- line clerics urged the government to include Islamic sharia law in the revised Criminal Code (KUHP) as they cut short their two- day meeting here, which was originally scheduled to have ended on Wednesday.

They specifically asked Minister of Justice and Human Rights Yusril Ihza Mahendra to heed their demand as part of the effort to gradually introduce sharia in the predominantly Muslim country.

"We hope Minister Yusril will be ready to struggle for the inclusion of Islamic sharia in the draft revision of the Criminal Code. We know Pak Yusril is an Islamic party leader," Ustadz (teacher) Mudzakir, who presided over the dialog, said in the West Java capital of Bandung on Wednesday.

He was speaking at a news conference accompanied by a team of 14 clerics, including director of the Al-Mukmin Islamic boarding school in Ngruki, Ustadz Wahyuddin, Habib Abdurrahman from East Java and Sanusi Uwes from Bandung.

After the media conference, they directly left for Jakarta to meet with Yusril to convey the demands that had been agreed upon by the National Dialog Meeting.

The Ministry of Justice and Human Rights, headed by Yusril, the chairman of the Islamic-oriented Crescent Star Party (PBB), which staunchly supports the introduction of sharia law in Indonesia, has just completed drafting a revised version of the Criminal Code.

The criminal code amendment bill produced by his office has drawn fire from legal experts and human rights activists as it outlaws casual sex, oral sex, cohabitation, homosexual sex and witchcraft. The critics say the state should not intervene excessively in the private affairs of its citizens.

Abdul Gani Abdullah, the director general of legislation and regulation at Yusril's ministry, has said the inclusion of the new articles in the Code was to cope with the complexity of Indonesian society.

However, the clerics who attended the Bandung meeting did not specify what elements of Islamic law should be included in the revised Code.

The participants, including habaib (ethnic Arabs who claim to be able to trace their ancestry back to the Prophet Muhammad), suddenly cut short the meeting on Tuesday evening.

Earlier on Tuesday morning, the committee met the Siliwangi military commander, who oversees the military in West Java, before the clerics began their dialog.

"There was no intervention [by the military] in the meeting of a kind that would prompt them [the clerics] to cut it short," spokesman for the Siliwangi military command, Lt. Col. Bambang Siswoyo, told The Jakarta Post last night.

Organizing committee secretary Zakky Robby Cahyadi denied the meeting was cut short because of pressure from the military or police. "It's just a technical problem. The committee is unable to provide facilities for the participants to stay overnight. We did meet with Siliwangi Military Commander Maj. Gen Iwan R. Sulandjana to ask him to maintain security in West Java."

During the national dialog, the Muslim hard-liners vowed to press ahead with their struggle for the implementation of sharia in order to resolve the country's complicated problems. They also agreed to urge the National Police to stop arresting "Muslim activists" in the fight against terrorism.

Mudzakir claimed that the arrests of the terror suspects had deeply hurt Muslims at large. Police say the arrests were not intended to target Muslims, but rather suspected members of terror groups, including Jamaah Islamiyah.

The clerics also expressed their opposition to Antiterrorism Law No. 15/2003 and the bill on the National Intelligence Agency (BIN). They also delivered these latter two demands to Yusril, one of the presidential hopefuls in the 2004 elections.

Zakky said that BIN should not only be accountable to the President as the supreme commander of the National Military (TNI), but also the people who have the right to know the security condition in their country. The clerics suggested that the BIN open up its secret archives to the public every 10 years so that the people would know what the organization had been doing.

With regard to the antiterrorism law, Zakky said it was enacted in order to satisfy the interests of Western countries rather than Muslim nations.

Armed forces/police

TNI still unwilling to accept civilian supremacy: Observers

Jakarta Post - October 4, 2003

A'an Suryana, Jakarta -- Military observers said on Friday that the Indonesian Military (TNI) had made some progress in reforming in the last 5 years, but pointed out other problems that it must improve to meet the nation's expectations and uphold democracy.

Those low marks included the TNI's seeming lack of respect for civilian leadership and a lack of professionalism, according to local analysts.

Ikrar Nusa Bhakti said the Indonesian military remained unwilling to wholeheartedly accept civilian rule five years after reform, although they should be given credit keeping some distance from public policy-making. "The Indonesian Military, for example, is not willing to be subordinate to the civilian-run Ministry of Defense, despite public pressure," Ikrar, a researcher with the Indonesian Institute of Sciences (LIPI), told The Jakarta Post.

The public has demanded that the Indonesian military be placed under the Ministry of Defense to ensure civilian supremacy, a prerequisite for democracy.

However, the demand has met stiff resistance from the military, and resulted in the issuance of the People's Consultative Assembly (MPR) Decree No. 7/2000, which placed the military under the direct supervision of the president.

Another example of an area that needs improvement is related to the high profile Sukhoi deal. According to Ikrar, the Sukhoi deal was executed by the Indonesian military without the consent of the Ministry of Defense, although it was requested by defense law. The military essentially left the defense ministry out of loop, which caused an uproar among legislators, who charged that the deal was not entirely transparent.

The Sukhoi deal refers to a US$192.6 million countertrade deal between Indonesia and Russia, in which Indonesia bought two Sukhoi SU-27 jet fighters and two MI-35 assault helicopters.

Another military observer, Kusnanto Anggoro, said that the Indonesian military must enhance its organizational competence to meet people's expectations for a professional and capable military force.

Kusnanto said he was disappointed that the Indonesian military, which would commemorate its 58th anniversary on Sunday, still lacked professionalism and technical competence.

He added that the ongoing military offensive in Aceh had apparently taken a huge toll within the ranks of the Free Aceh Movement (GAM) rebels as well as Acehnese civilians.

Kusnanto said that it would be more effective for the Indonesian military if they could curb separatism in Aceh with only a few casualties. "Needless to say, we could say that the TNI is technically incompetent to achieve its goal ," said Kusnanto, a researcher with the Centre for Strategic and International Studies (CSIS).

Organizational problems were another cause for concern, specifically the TNI bureaucracy, which was completely ineffective. "The disbursement of funds from top to bottom must go through 14 layers of authorities, creating a window of opportunity for possible corruption," said Kusnanto.

To improve the performance of the Indonesian military, Kusnanto suggested that the government and the House of Representatives (DPR) set some guidelines for the TNI's internal reform.

The government and the DPR must involve non-military representatives in the drafting of TNI-related bills, he said. "The TNI can't reform itself. Outsiders must be involved in order to ensure that democratic values are preserved for any bill on the TNI," he said.

The government must also be willing to raise the TNI budget and improve the welfare of soldiers so that they could become a professional force and were not tempted to engage in moonlighting, he said.

The salary of low-ranking TNI personnel is very low, just slightly over minimum wage. A low-ranking marine officer in South Jakarta, for example, admitted recently that he earned only Rp 700,000 (US$90) per month, while the Jakarta regional minimum wage is Rp 630,000 per month.

Economy & investment

Indonesian growth to be better next year

Jakarta Post - October 10, 2003

Dadan Wijaksana, Jakarta -- While many people are worried about the economic outlook for next year because of the legislative elections and the ending of the International Monetary Fund (IMF) bailout program, many economists are filled with optimism.

Indonesia will embark on its first direct presidential election next year. It will also end an IMF program that was crucial in helping the country weather the economic crisis.

Yet, as evidenced by the predictions of various respectable economic think thanks, confidence is running high that the economy will in fact fare better next year than this year.

On Thursday, StanChart Bank joined that group, saying the economy would expand by 4.3 percent next year on the back of domestic consumption. The economy grew by an estimated 3.8 percent this year.

Previously, Bank Mandiri and the Asian Development Bank (ADB) predicted a better economic performance in 2004, although there were differences in their figures.

Mandiri set its 2004 growth forecast at 4.2 percent and the ADB at 4 percent. This is compared to this year's predictions of 3.9 percent and 3.4 percent, respectively.

StanChart global economist Fauzi Ichsan said economic growth would still rely heavily on domestic consumption, as has been the case the last three years.

"Consumption will still be the backbone of the economy, contributing about 3.8 percent of the total GDP," Fauzi said. Fauzi said exports would likely contribute about 1 percent of GDP, offsetting the expected 0.5 percent contraction in investment.

He did not go into detail, but his assessment appears to confirm the government's upbeat outlook for the economy in 2004. The government's estimates are based on assumptions that the legislative elections will help boost consumption as political parties spend huge amounts of money on their campaigns.

The government, in the 2004 budget draft, said the economy would expand next year by 4.5 percent from the targeted 4 percent this year Coordinating Minister for the Economy Dorodjatun Kuntjoro- Jakti has said the elections will create massive spending spree across the nation, improving economic growth.

Still, all this optimism will quickly disappear if the elections are plagued with problems.

But if they run smoothly, the election could become an additional engine driving the economy thanks to more robust consumers spending, analysts said. Spending has been on the decline of late because there have been no improvements in public income and the unemployment rate has continued to increase.

Analysts, however, say the projected economic growth next year would still be insufficient to resolve the country's unemployment woes.

They say Indonesia's economy needs to expand by about 6 percent to 7 percent annually to cut unemployment in the country. With only 4 percent growth, abound 1.2 million new workers each year will fail to find work.

IMF approves US$493 million loan disbursement

Agence France Presse - October 9, 2003

Jakarta -- The International Monetary Fund (IMF) has completed its 10th review of Indonesia's performance under a 5.2 billion- dollar extended fund facility arrangement and approved the release of a further US$493 million loan.

The new disbursement will increase the total amount drawn under the arrangement to US$4.7 billion, the Washington-based organization said in a statement released Wednesday.

"Indonesia's economic performance has continued to evolve favorably under the Fund-supported program, with a sustained economic recovery, a continued easing of inflation, and a further increase in external reserves," said Anne Krueger, IMF First deputy managing director and acting chairwoman.

"These favorable developments have bolstered financial market sentent toward Indonesia, and have further reduced the economy's vulnerability to external shocks," she said in the statement.

Krueger said Indonesia's fiscal policy was on track, with the budget deficit through the first half of the year well within the 2003 mid-year target. The government's 2004 budget proposal represents a further welcome step toward fiscal consolidation. To enhance Indonesia's tax base, the government is pressing ahead with efforts to strengthen tax and customs administration.

Indonesia: Another bank refloats

Asia Times - October 8, 2003

Bill Guerin, Jakarta -- This week yet another glitzy road show will set out to sing the praises of yet another Indonesian bank that has clawed its way back to financial health. The People's Bank, Bank Rakyat Indonesia (BRI), Indonesia's oldest and fourth-largest bank, is going public. UBS Warburg Indonesia and the local Bahana Securities are the lead underwriters for an upcoming initial public offering (IPO) of 30 percent of BRI on the Jakarta bourse next month.

BRI is the developing world's largest micro-finance institution. Virtually all of its ratios are either the best or among the best in the Indonesian banking sector. It has a solid banking business built on lending to the poor. No online banking facilities, cash-point machines or telephone banking are available, or needed, for this bank's customers. But the bank was nearly wrecked by corruption and bad loans to failing tycoons in the wake of the 1997-98 Asian financial crisis and the government was forced to inject Rp28.9 trillion (US$3.5 billion) in bonds into the bank to save it.

Today a nationwide network of 3,700 rural branches serves more than 27 million depositors, even in the most remote areas of the archipelago. The overwhelming majority of customers are farmers and ultra-small businesses with sums as little as $100 on deposit.

These unit desa (village units) are a vital source of finance in the villages. Usually operating from simple one-story concrete buildings, they lend money to the poorer farmers and traders who make up more than a quarter of the bank's total assets and account for at least 15 percent of its loan portfolio.

The bank has some 2.5 million borrowers, borrowing an average of only $300.

Though founded in 1895, it wasn't until the 1970s that BRI was modernized and mandated to channel loans to farmers. It slowly but surely built its network to reach out to an estimated 80 percent of the rural population.

The economic crisis that hit the region in 1997 saw millions turn to rural farming to supplement their income. Between 1997 and 1999, agricultural-sector employment grew by 8 percent, and occupied about 45 percent of the overall workforce. Agriculture thus became a major source of employment and served as a safety net for many families.

The crisis eventually forced government spending on a so-called Social Safety Net, and the poverty excuse was used yet again to enrich aid agencies, consultants, and government departments though the funds rarely reached out to the rural poor.

These farmers, fishermen and small businesses drove the country's rural economy of 129 million people, and BRI was there at their time of need. Illegal moneylenders who charged interest of anything up to 300 percent per annum were the only alternative.

Though the farmers' record of repaying their loans was infinitely better than that of the country's highly indebted conglomerates, cumulative bad loans and defaults brought BRI to the edge of crisis.

As with almost all Indonesian banks, corruption was present though not exposed until the new era of reformasi that coincided with attempts to restructure the whole of the banking sector.

In October 1999 the Indonesian Corruption Watch (ICW) disclosed evidence of lawbreaking, abuse of power, the amassing of wealth for personal and third-party benefit, and losses to the state budget/economy, all stemming from corruption within BRI.

According to evidence uncovered by ICW, the then-president director of BRI, Djokosantoso Moeljono, the tycoon The Nin King, and Djoko S Tjandra, of "Baligate" fame, were implicated in channeling huge amounts of credit by BRI.

BRI lent Rp340 billion to PT Griya Tangerang Estetika, part of Nin King's giant Argo Manunggal textile conglomerate, in September 1996. The loan was to be used to build low-class housing, but ICW alleged collusion between BRI and The Nin King resulted in the price of land being marked up and the legal lending limits violated.

ICW said that in December 1996, Prijadi Praptosuhardjo, whom Indonesian president Abdurrahman Wahid later appointed as his finance minister but was at the time a director of BRI, changed the status of the loan from investment to working capital.

Prijadi was said to have allowed the Rp200 billion to be disbursed straight away, instead of the "stage payments" used for loans in the construction industry. In the case of the non- performing loan made by Tjandra valued at $50 million, Prijadi was also considered to have played an important role.

PT Mulia Griya Indah -- part of Tjandra's Mulia Group -- in 1997 applied for a BRI loan of $120 million to BRI, to build a mall in West Jakarta. BRI disbursed an advance payment of $50 million, signed off by Prijadi, although, as in many other cases, the project was fictitious. BRI was left high and dry with the non- performing loan, as no other bank would touch it. Thus the government's $3.5 billion in bonds to save it.

By any standard the current deal looks good for investors. BRI boasts a 39 percent ROE (return on equity), the biggest in any Indonesian bank, and outperforms even Bank Mandiri, the largest bank, with its still-healthy 24.5 percent. BRI also has a much higher proportion of loans as a proportion of its total assets than most other Indonesian banks, and its recap bonds contribute only 28 percent of its total interest income.

Interest rates are falling sharply, but some 75 percent of BRI's re-cap bonds are fixed-rate, leaving the bank relatively immune. Not only that, loans produce higher returns than holding bonds does, giving another good reason to buy BRI.

BRI's asset base of $8.5 billion is not that far off that of Bank Central Asia, which had an asset base of $9.9 billion at the end of 2001. Only a third of this value is from government bonds.

BRI's 7 percent net interest-rate margins, compared with 4 percent on average for the other banks, stems from its higher interest rates for the micro-loans, anywhere between 25 and 30 percent.

In the year to June, the bank earned Rp1.17 trillion, up less than 1 percent from Rp1.16 trillion in the same period a year earlier.

In May BRI issued $150 million in bonds, that were three times oversubscribed, to help boost its capital-adequacy ratio, which stood at 12.4 percent at the end of June. BRI also plans to issue Rp1 trillion in local-currency bonds and $150 million in dollar- denominated bonds once the IPO is finished.

In advance of the IPO, BRI has focused on re-engineering its capital structure to accommodate losses incurred in the aftermath of the financial crisis. It is also continuing to reduce its exposure to the corporate sector.

Though risky corporate lending was not a particularly dominant feature of BRI's business, the bank has now slashed its corporate loans to only 10 percent of total lending, down from 25 percent before the crisis.

Though at least two-thirds of the deal is expected to be placed offshore, Indonesian stocks remain more in demand than at any time in the past six years and more upside in the Jakarta Composite Index is predicted. The index has soared 40 percent already this year, though the forthcoming sale would represent nearly a week's trading volume on the Jakarta Stock Exchange (JSX).

Already this year, the government has sold a 20 percent stake in Bank Mandiri via an IPO on the JSX, which was heavily oversubscribed, largely by foreign investors.

Most banking analysts remain fairly upbeat about the Indonesian banking sector and the government expects to raise about Rp2.6 trillion from the sale. BRI has been lobbying the House of Representatives (DPR) to support its bid to keep some of the IPO proceeds.

The bank disclosed that it needed about Rp2.5 trillion to strengthen its capital base, and State Enterprises Minister Laksamana Sukardi hinted that the government might allow BRI to keep about 30 percent of the proceeds. However, Minister of Finance Boediono said earlier that the government would take all the proceeds, to help bridge the predicted budget deficit of Rp35.2 trillion ($4.1 billion).

S and P upgrades Indonesian ratings

Agence France Press - October 8, 2003

Jakarta -- Standard Poor's Ratings Services Wednesday raised its long-term foreign and local currency ratings on Indonesia by one notch to reflect the country's good fiscal performance and growing stability in economic conditions.

It said the foreign currency rating was raised to B from B-minus and the local currency rating to B-plus from B. The short-term foreign currency rating was also raised one notch to B, the same level as the short-term local currency rating.

"The government has shown its commitment to reducing central government fiscal deficits to less than 1.5 percent from 1.8 percent of GDP [Gross Domestic Product] this year and has budgeted a primary surplus of about 2.0 percent in 2004," said Takahira Ogawa, Standard and Poor's credit analyst and director in the Asia-Pacific Sovereign Ratings Group.

A stable rupiah and increased foreign investment in bank and corporate assets are improving international liquidity in Indonesia despite the government's decision not to extend an International Monetary Fund economic program after the end of this year and intermittent terrorist attacks.

It said the ratings are constrained by political uncertainty. "Although in terms of recent political history, there is relative political stability, Indonesia's democracy is still in its infancy and there remains the risk of disruptions that could adversely affect key economic policies, undermine the government's new and existing loan commitments, or lead to a widening of the financing gap," Ogawa said.

"In this regard, next year's general and presidential elections are important not only to judge the course of democracy in Indonesia but also political stability in the country," he added.

Indonesia is also still suffering from a heavy debt burden. The public sector's total net debt peaked at about 97 percent of GDP in 2000 but is expected to drop to 77 percent by the end of 2003, S and P said, adding that the country remains vulnerable to exchange rate fluctuations and other variables.

Jakarta bids to shed image as terror and graft haven

Agence France Presse - October 7, 2003

Officials Monday vowed to fight investor perceptions that Indonesia is a haven for corruption and terrorism as a high-level business summit got under way in Bali almost a year after deadly terror bombings on the resort island.

Painful reforms have been achieved and the economy is on the right track, State Enterprises Minister Laksamana Sukardi and Theo Tumion, chairman of the investment coordinating board, told hundreds of Southeast Asian business people.

The ASEAN Business and Investment Summit is being held in conjunction with the Association of Southeast Asian Nations (ASEAN) summit. The island's tourism-based economy is still struggling to recover from the bombing of two nightclubs which killed 202 people, mostly Western tourists, last October 12.

The business summit aims to boost investment region-wide in the face of threats such as terrorism and competition from other nations.

Southeast Asia's "miracle" economies suffered a body blow from the 1997/98 financial crisis and they are now struggling to compete for foreign investment with a booming China.

Tumion said the Bali blasts and a Jakarta hotel bombing in August were a blow to the economy. Both are blamed on the al Qaeda- linked Jemaah Islamiyah terror group.

"Let us keep in mind that if terror attacks in the US do not stop investment there, then terror attacks in Indonesia should also not be a reason to stop investment in our nation," he said.

He said Indonesia's response to the bombings had been swift -- three Bali bombers have been sentenced to death -- and "we should not allow the barbaric actions of small minorities to damage our mutual economic interests." Sukardi said his country is in much better shape than in the mid-1990s under the autocratic Suharto, whose resignation in 1998 began a transition to democracy.

"At that time there was no transparency. The government was just a rubber stamp and everything was according to the whims of one person but now we have a strong civil society and public scrutiny." Sukardi said Indonesia had also restructured its banks after the financial crisis and embarked on privatisation to fight deep-seated corruption.

"When you want to combat corruption you have to privatise and bring in the practices of good governance." The minister said Indonesia had gone through a very difficult political transition "and there are many problems ahead of us but don't look at Indonesia in a snapshot -- we are moving forward on the right track." In the past two year "huge" steps to reform the economy and banking system had been taken.

"I can guarantee that the crisis in 1997 will not happen again in this country." Tumion said he had been "bombarded with negative remarks on increased corruption at all levels, inefficient bureaucracy, complex decentralisation procedures, inadequate legal certainty and complex political process, and recently (as) a terrorist haven." He said the country was not "burying its head in the sand" but was tackling these problems.

Tumion accused the media of playing up problems rather than efforts to tackle them and said this had painted a negative picture of Indonesia's investment climate.

He said officials would improve this climate by streamlining the regulatory framework and improving competitiveness.

Foreign investment approvals in Indonesia last year plunged 35 percent, with officials blaming the fall on legal uncertainty and labor disputes, while the figures have improved this year.

Opinion & analysis

Jakarta's neurosis over Aceh and Papua - Why?

Jakarta Post - October 10, 2003

Aboeprijadi Santoso, Radio Netherlands, Brussels -- The public hearing on Aceh and Papua held by the European Parliament in Brussels on October 1 was a rare but important occasion. It also showed support for Indonesia. But Jakarta declined the invitation, leaving the international community out in the cold.

The time has passed that governments -- thanks to decades of Cold War -- can hide human rights abuses, confine them as "domestic issues" and evade responsibility for human disasters, as in Cambodia, Indonesia and East Timor in the 1960s and 1970s.

Today the issues may be seem less tragic, but the changing context has charged the global trends of public opinion with a different intensity. As Europe, unlike the United States, is less preoccupied with the "war on terror" in Asia, European institutions are encouraging peace and dialog on issues less important for global security, yet quite urgent in terms of the human rights of local peoples. The war in Aceh and the case of violence-ridden Papua are such issues.

Following its resolution last June, the European Parliament (EP)'s hearing was intended as an exchange of views on human rights issues involving all sides. The four speakers invited included Malik Mahmud of the Free Aceh Movement (GAM) and two human rights activists -- Aguswandi of Kontras in Aceh and John Rumbiak of the Institute for Human Rights Studies and Advocacy (Elsham) -- only Jakarta's representative was absent.

The committee chairman Max van den Berg (of the Labor party in the Netherlands) stressed, "we respect the Indonesian state in its full integrity and sovereignty, we do not support the rebels, but we do want to listen to other opinions." Didier-Rod (France, Green-Left) who led the forum, expressed the same view and regretted Jakarta's refusal to join the discussion.

As Indonesia's new envoy to the EU, Abdurrachman Mattaliti, only arrived in Brussels shortly before the hearing and had yet to present his credentials, he declined to comment on the hearing. In Jakarta's view, the EP had put Indonesia and GAM as "equals" as the GAM representative was referred to as "the Prime Minister of Aceh-Sumatra National Liberation Front." So "we made a strong objection," the envoy explained. "We acted as instructed by Jakarta," Counselor Agus Sarjana said.

However, the hearing did not turn into a campaign to undermine RI's position as Jakarta clearly feared. The Indonesian military and GAM were seen as parties to the violence, but no one questioned the territorial integrity of Indonesia. One member, N. Deva (U.K., Conservative), even warned against "renewed imperialism" which, he said, might occur as in Sri Lanka if the West started to "intervene in the affairs of other countries".

GAM's Malik Mahmud requested an immediate reopening of the dialog "with a neutral government to act as mediator." EP members thus called for efforts to focus on humanitarian and human rights issues i.e. on the urgency to help war victims, restore civil rights in Aceh and support efforts to build peace zones in Papua. Aguswandi pleaded: "All of us, Indonesians and Acehnese, will be the losers [of the war in Aceh]." (Since) the struggle of the civil society "is not about having our own state, nor about territory, but about people, Acehnese and Indonesians, the international community should support the civil society's role in building peace in Aceh".

Given the severe restrictions for the media and aid agencies, several EP members proposed a mission to investigate human rights violations and to gain direct access to war victims. "We want an international fact-finding mission to be sent," said GAM's Malik Mahmud. But since humanitarian aid presupposes a civilian rule, the critical issue was the martial law in Aceh. Moderator Didier-Rod concluded: "We cannot support military rule, only dialog can restore a civilian rule".

Thus Europe may be poised to convey the message that if the situation in Aceh and Papua continues to worsen, a fruitful Europe-Jakarta dialog may be constrained by the issue of restoring the rule of law.

But, as Rumbiak pointedly criticized the West and Jakarta, one key issue remains: "How could the international community encourage Indonesia to nurture a democracy when they maintain a military link that threatens to destroy Indonesia's new democracy and respect for human rights? Both were trapped into the global campaign on terror which defines security as state security rather than human security," Rumbiak said.

These are important global and humanitarian issues, which Jakarta should be ready to respond to, instead of avoiding them.

Haven't Indonesian diplomats in the past always spoken out on East Timor whenever the resistance campaigned abroad, including at the European Parliament? At the Brussels Hilton in early 1992 then foreign minister Ali Alatas aggressively and eloquently confronted the international press shortly after the St. Cruz massacre -- in which hundreds of protesters were killed -- had shocked the world. The best defense is offensive.

He succeeded to convince the media that Jakarta neither directed nor condoned the killings and impressed them by offering a different perspective -- thus, defusing the uproar on Vice President Try Sutrisno's "dirty lie" that "only 19 were killed".

With full support for Indonesia's integrity, Jakarta is now much stronger than previously, as an aggressor, dealing with the East Timor issue. So why now the neurosis against the world? Jakarta's attitude has been unusually nervous and suspicious in its attempts to keep "external" elements out of Aceh. This has run through incidents from the shootings of German tourists; to the threatening and deporting of American, South Korean, Malaysian and Japanese journalists; the restriction and harassment of local journalists and activists, to effectively ban all foreign press and aid agencies and the hunting down of Acehnese outside Aceh -- all at the price of the greater suffering and isolation of local Acehnese.

Even two Australian seafarers stranded in Aceh were suspected of "foreign conspiracy". In Papua, the paranoia grew since the killings of American teachers last year provoked a series of FBI investigations and Papuans resisted the division of the province.

All of these seem to reflect doubts among political and military leaders about what really happened, as Jakarta is determined to prevent the issues of Aceh and Papua from going international. The crux of the matter is, to quote one EP member, "We respect Indonesia's border, but why did they do all that [abuses] to maintain the border?" It is this pregnant question that must be addressed. With soldiers and armed rebels operating virtually "uncontrolled" in vast areas "protected" by the martial law, the fear of abuses will not go away easily.

Jakarta has "lost" East Timor not because, but in spite of, its diplomacy. If any lesson should be learned, it is that abusive realities on the ground, not international forums abroad, might provoke the world to internationalize the conflicts.

History

History book rewrite to focus on Soeharto issues

Jakarta Post - October 6, 2003

A. Junaidi and Indra Harsaputra, Jakarta/Surabaya -- A team of 80 historians tasked with revising the national history book, are gathering new data and information on former president Soeharto's roles in a number of crucial events.

Controversial issues linked to Soeharto's past, which is to be included in the new history book, include the abduction and murder of six military generals on September 30, 1965, the Supersemar letter that led to Soeharto's rise to power and the invasion of East Timor.

The book is also to clarify Soeharto's role in the March 1949 battle against the return of Dutch occupation forces to Yogyakarta.

Anhar Gonggong of the University of Indonesia, who is a member of the team, said the rewriting of the book -- which started two years ago and expected to be completed next year -- would be based on new data and accounts from people, including eyewitnesses.

He said the book, which would consist of eight volumes, is to replace the five-volume Sejarah Nasional Indonesia (Indonesian National History) book written by a team led by historian and ex-minister of education and culture Nugroho Notosusanto, one of Soeharto's former aides.

The existing history book, which is still taught in schools, blames the September 30 incident on the now-defunct Indonesian Communist Party (PKI).

Anhar said the new book would reveal hitherto undisclosed facts behind the tragedy, which has been the cause of life-long trauma among many Indonesians.

"Is it only the PKI that should be blamed, or also elements within the Army? The book will discuss it," he said, but declined to go in details.

He said the account of the September 30 incident, when six Army generals were abducted, killed and their bodies thrown into a well in Lubang Buaya, East Jakarta, would be rewritten.

However, Anhar said reports by military-backed newspapers and also Nugroho's book, which said the generals were tortured, their eyes cut out and sexual organs severed, before their bodies were thrown into the well would be reviewed, because these "facts" were not verified by the post-mortem examinations.

About one million supporters and sympathizers of the PKI were killed after the incident, and their children, grandchildren and other relatives denied entry to politics during Soeharto's 32- year rule.

Any suspected PKI supporters, sympathizers and their families were also banned from civil service and suffered discriminatory treatment from the Soeharto administration, as well as from the general public.

Another team member, professor of Indonesian history Aminuddin Kasdi at the State University of Surabaya, suggested that the alleged PKI victims of the September 30 incident "demand compensation from the government and reconcile with other elements of the nation".

With regard to the March 1949 incident, Anhar said the war against the Dutch re-occupation was not initiated by Soeharto, but Yogyakarta's then-Sultan Hamengkubuwono IX.

"Of course, Lt. Col. Soeharto played an important role in the attack, but he just followed the orders of his commander Col. Bambang," he said. However, Soeharto claimed the success of the battle as an individual achievement to qualify him for the presidential seat.

Anhar also said the book would replace the term "integration" used in Nugroho's book with "annexation" in regards Indonesia's invasion of East Timor in 1976. "The 'integration' was conducted unilaterally. Our Constitution has excluded East Timor from the very beginning," he argued.

The new book is expected to draw strong opposition from Soeharto's loyalists, military officials and civilians, many of whom are still in power. "I will resign if they [the loyalists] -- or even President Megawati Soekarnoputri -- intervenes in the rewriting of history," Anhar vowed.

Some controversial issues in RI's history:

Issues: Controversies

1. Founder of State Ideology M. Yamin, Soepomo or Sukarno? Pancasila on June 1, 1945

2. Initiator of the battle of Soeharto or Hamengkubuwono IX? Yogyakarta on March 1, 1949

3. G30S/PKI "abortive coup" Only PKI or military elements? on September 30, 1965

4. Supersemar Power transfer or mere presidential order?

5. East Timor Integration or annexation?