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Indonesia News Digest No 45 - November 17-23, 2003
Melbourne Age - November 21, 2003
Matthew Moore, Banda Aceh -- Six months after more than 600 of
Aceh's schools were destroyed by fire, virtually none have been
rebuilt and thousands of students can't go to school.
And some temporary schools built after the fires are in such poor
condition that enough rainwater leaks through holes in the roof
to allow grass to grow on the dirt floor.
One such case, the SDN Blang Bladeh School Jumpa District in
Bireuen regency, was visited by The Age.
This rough-sawn timber school, built by the army in the weeks
after the main school was burnt, has a corrugated iron roof made
of sheeting burnt in the fires. The department of education in
the province, which has been under martial law since May, reports
that so far only 22 schools have been rebuilt, but even these
figures seem doubtful.
A United Nations-funded organisation called the People's
Solidarity Movement Against Corruption (SORAK) said the
Government had last month released a list of 10 schools in West
Aceh it claimed had been 100 per cent rebuilt.
The group's co-ordinator, Akhirudding Mahjuddin, said: "In fact,
when we checked three of the schools there, work had not begun on
any of them." A spokesman for the department of education, Edi
Mulya, said that more than 260 schools were operating in
temporary accommodation and all would be rebuilt by next year.
When The Age visited schools in Bireuen regency, one of the
worst-affected areas, there was no evidence of any rebuilding
work under way.
Locals said they were unaware of any work done on any of the 139
schools burnt. Some schools had moved to local mosques, tents or
other temporary accommodation provided by the army.
Zulfikar Mohammad, a member of the student executive at the
University Malikussaleh in Lhokseumawe, near Bireuen, said that
while schools in the towns were still able to operate, many in
outlying villages were not functioning and a generation of
children was missing out on an education.
Some schools had moved to mosques, tents or other temporary
accommodation. In some cases village schools had been moved to
temporary premises but there was no transport for children to
travel to them, he said.
Under the special autonomy law that now applies to Aceh province,
education is supposed to receive a guaranteed 30 per cent share
of a large slice of profit from the rich Exxon-owned gas fields
in Aceh -- about $A50 million each year. But Mr Akhirudding said
corruption was endemic in the education department and funds
routinely went missing for all sorts of projects. It would not be
unusual if the same thing happened to the rebuilding project.
Although the military accused GAM separatists of burning 604
schools in the first days of martial law, many Acehnese are
sceptical that so many schools could have been burnt by GAM when
there were so many troops and police in the province.
Gazali Abdullah, the guard at the temporary building at the SDN
Blang Bladeh School in Bireuen, gave the standard reply when
asked who he thought had torched his school. "Persons unknown,"
he said.
Melbourne Age - November 18, 2003
Matthew Moore, Lhokseumawe -- Pro-military groups critical of
human rights activists are emerging in Indonesia's conflict-
ridden Aceh province, raising fears of a resurgence of East
Timor-style militias.
Last week a group calling itself Berantas, or the People's Anti-
Separatist Front, announced its formation and immediately issued
a warning to Indonesia's government-funded but independent
National Commission on Human Rights.
It called for the commission (also known as Komnas Ham) to be
"realistic and objective in carrying out its duties". It warned:
"If not, Berantas and HBMB [a related group] will urge Komnas Ham
to pack their bags and leave Aceh."
The new groups have been endorsed by the military in Aceh, which
this week begins its second six-month period of martial law as
the Indonesian Government continues its campaign against
separatist rebels of the Free Aceh Movement (GAM).
Although the new groups say they have no links to the military,
they have an office in a building that until recently housed the
army's Aceh media centre and that still accommodates the army-
controlled radio station. Their members also attend military
social functions.
Army-backed militias in East Timor helped destroy infrastructure
and killed hundreds after the 1999 vote for independence.
Berantas secretary Satria Insan Kamil accused the commission of
spending too much time investigating alleged offences by the
security forces and not enough on those committed by GAM. Mr
Satria said Berantas and HBMB were not militias and were not
armed. Their aim was to build community support to fight GAM and
to report suspected GAM activities to the military. He said the
group had a membership of about 500 in villages in and around
Lhokseumawe and nearby Biruen, where some of Aceh's most bitter
fighting has taken place.
Student activist Zulfikar Mohammad warned that the new groups
could easily become militia. "They are useless organisations
which make no positive contribution to the settlement of the Aceh
problem because they try and indoctrinate people and people don't
want to be indoctrinated. There's a big possibility they could
become militias because of the way they conduct their
activities," he said.
Aceh's outgoing military commander, General Bambang Darmono,
defended the groups, which he said emerged from a community
desire to fight GAM. "The people's opposition we are talking
about here is an effort to guard their own villages themselves.
It's people's participation It's not initiated by soldiers, so we
must support it. It's not militia. The TNI [armed forces] has
never created militia," he said.
General Darmono said he had not heard of Berantas, but knew such
groups were forming. "Weeks ago a man told me, 'Sir, I will be
appointed commander of troops to crush GAM in Biruen,' and I
replied 'Don't use the word commander. That title is mine, not
yours'," he said.
"What I want from people is they oppose GAM themselves. They
don't have to be led by soldiers because they experience all the
bad things by GAM, so [I tell them] go and protect your own
village."
West Papua
Government & politics
2004 elections
Corruption/collusion/nepotism
Regional/communal conflicts
Local & community issues
Human rights/law
Reconciliation & justice
Environment
Armed forces/police
Economy & investment
Aceh
Aceh still waiting for schools
Anti-separatist militias form in Aceh
Aceh military offensive moves into next six month stage
Radio Australia - November 19, 2003
The Indonesian government's war against separatist rebels in Aceh has today entered its seventh month, with no end in sight to the bloodshed. Already some 16,000 have been killed in what has been described as Jakarta's biggest military operation in 25-years. Now President Megawati Sukarnoputri has extended martial law in Aceh and a new military chief has been installed, replacing the Australian-trained Major General Bambang Darmono. But with a virtual freeze on information coming out of Aceh -- the real story of what's happening in the province remains murky.
Presenter/Interviewer: Mike Woods
Speakers: Journalist William Nessen, who spent a month with Aceh's GAM rebels and was jailed by Indonesian authorities for more than 40 days; Sidney Jones, International Crisis Group, Jakarta
Woods: The Indonesian military says it has GAM right where it wants it -- isolated. But others have strongly questioned that, saying that the TNI has captured relatively few top-level GAM fighters -- and very few sophisticated weapons. With Westerners frozen out of Aceh -- including a ban on foreign aid agencies, its difficult to get a clear picture of the situation on the ground. American journalist William Nessen spent a month living with GAM rebels. He says more civilians are now being killed in Aceh -- because the military is frustrated that top level GAM guerrillas continue to prove elusive.
Nessen: They've got to try and kill the core of GAM which is the company fighters and their commanders and the people above ... the layers above them. But they haven't been successful in getting the company fighters, and they've addmitted they haven't killed any company commanders so they're frustrated.
Woods: The Indonesian military now says its target to destroy GAM's military power has been achieved -- with more than half of its forces killed or arrested. Indonesian Defence officials say the Acehnese have a new sense of security -- but say "normalisation of economic life" is a long way off -- something they will focus on in the second six-month period of martial law. William Nesson scoffs at claims that GAM is all but destroyed, saying the claim is no more than wishful thinking on the part of Jakarta.
Nessen: If you look at the weapons they say they've got, you can't even believe that. If you get pistols and home made weapons you're not getting the real fighters, you're getting the GAM police or intelligence people. So when Bambang Darmono said oh we've killed or captured half of GAM ... the 6,000 GAM. Well that's nonsense. I was in jail with the people that they captured ... they're not getting who they want.
Woods: Sydney Jones, Indonesia project director of the International Crisis Group agrees with most of William Nessen's assessment -- but says, as in the past -- GAM is also responsible for a number of civilian deaths.
Jones: I think it is very unlikely that the number of people that the military says are GAM are in fact GAM. One example of this is that the military was saying that one of the people that they had arrested and tried was somebody who had made a contribution to GAM. Well that doesn't make you GAM ... its true that GAM has been arrestiong, kidnapping, taking as hostage, and in some cases executing individuals. My suspicion would be that the balance of deaths was still on the Army's side but its very difficult to know and unless there's access, you won't.
Woods: This week Indonesia will install a new military commander in Aceh. General George Toisuta will takeover from Major General Bambang Darmono -- considered a tough military man -- who himself replaced Brigadier General Endang Suwarya and Major Gen Muhammad Djali Yusuf -- who many analysts say were considered not tough enough. William Nessen says Indonesian military officials are now grasping at straws trying to find a militray commander who can crack the GAM heirarchy.
Nessen: Darmono stayed on because he was viewed as a tougher man than Djali Yusuf. That he instilled discipline among his troops, so they knew they had to do something fairly proffessional ... you know you've got internet and mobile phones and all theses things, and news does get out about what's happening. They can't just kill all the Achinese or just instill fear in the people, they've got to actually get GAM.
Woods: The Indonesian government has now backed down on plans to have the Free Aceh Movement listed as a terrorist organisation by the United Nations. Many analysts say this is to avoid turning Aceh into an international issue. While Jakarta says GAM is responsible for terrorist attacks on the country -- evidence is yet to surface of its involvement. William Nessen says while the Indonesian authorities continue to hold a tight grip on information getting out of Aceh, many top ranking American officials are aware of the events unfolding there -- and have expressed deep concern.
Nessen: They were very angry about the use of F16 fighter planes on civilian populations, that was very well documented. I saw it myself from the US Military attache, he told me again and again thay were extremely angry at what Indonesia is doing. That there's brutal cold-blooded killing going on, and they were embarrased to be associated with it.
Jakarta Post - November 22, 2003
Fabiola Desy Unidjaja and Nani Farida, Jakarta/Banda -- Aceh Minister of Foreign Affairs Hassan Wirayuda said the government has not dropped the option of having the Free Aceh Movement (GAM) included on the United Nations' list of terrorist organizations.
Refuting a previous statement by Coordinating Minister of Political and Security Affairs Susilo Bambang Yudhoyono, who said that bringing GAM to the UN would only internationalize the issue, Hassan said Aceh had never been and would never be considered an international matter.
"The international community acknowledges that separatism in Aceh is Indonesia's domestic affair. The option to list GAM as a terrorist group is still there, but we have not decided whether we will take it or not," Hassan said.
Earlier, Susilo said the government had backed away from that option because there was growing concern that listing GAM with the UN would lead to the international community intervening in Aceh. Susilo said the problems in Aceh would be resolved on the country's own terms, without international involvement.
The idea to have GAM included on the list of terrorist organizations developed after the government imposed martial law in Aceh on May 19, after peace talks between the two sides broke down.
With the Sri Lankan government successfully having the Tamil Tigers separatist movement included on the UN terrorist list, Indonesia hoped to receive international support for the listing of GAM as a terrorist group.
If GAM was included on the list, it would oblige all UN member countries to crack down on the organization's leaders and trace their financial support.
Such a decision would put pressure on the Swedish government, with top GAM leaders Hasan Tiro, Abdullah Zaini and Malik Mahmood citizens of that country and residing in Stockholm.
The Indonesian government has sent legal evidence and asked the Swedish authorities to take legal action against the three GAM leaders, who Jakarta accuses of leading the separatist movement in Aceh.
"They have asked for more legal evidence that could clearly link the GAM leaders to the ongoing rebellion in Aceh," Hassan said when asked about the ongoing legal process in Stockholm. He said the two countries were discussing the possibility of the Swedish police and prosecutors visiting Indonesia to question arrested GAM members here. "They might have information on how the instructions were given," Hassan said.
Separately, the head of the Banda Aceh immigration and justice office, T. Darwin, said that in the past six months of martial law, the government denied 14 foreigners entry to the province. Five of the foreigners were Korean, three from the United States and two each from the United Kingdom, Malaysia and Japan.
Among the foreigners denied entry to Aceh were David Gorman, the project manager of the Henry Dunant Center, the organization that brokered a peace deal between GAM and the government, and journalist William Nessen, who traveled with GAM for several months.
Darwin said the foreigners were not allowed entry because they failed to present a clear reason for entering the war-torn province.
Also, the provincial government disclosed a plan to transfer some suspected GAM members who have been arrested to the Nusakambangan maximum security prison in Central Java.
Agence France Presse - November 22, 2003
Banda Aceh -- Indonesia's military said Friday it has killed four more rebels in Aceh province, where troops are in the seventh month of an offensive to crush separatist guerrillas.
Two Free Aceh Movement (GAM) members were killed in a skirmish in Pidie district on Thursday, said military spokesman Ahmad Yani Basuki. He said troops seized a rebel flag and ammunition for Kalashnikov rifles. Soldiers shot dead two other rebels in separate clashes in South Aceh the same day, the spokesman said.
Basuki accused the rebels of kidnapping a 45-year-old engineer working for Arun's liquefied natural gas plant in North Aceh on Thursday. He said the rebels demanded a ransom of RP 10 million (around US$7,000).
Indonesia on May 19 pulled out of a ceasefire with GAM, accusing it of cheating on the truce, and sent 40,000 troops and police to wipe out the rebels. Since then it says more than 1,100 guerrillas and 67 police or soldiers have been killed.
Liputan6 - November 21, 2003
Jakarta -- The Coordinating Minister for Politics and Security, Susilo Bambang Yudhoyono has asked the regional military commander Major General Endang Suwarya to improve the quality of the integrated operation in Aceh.
This request followed a statement by Suwarya who said that only 30 per cent of the Acehnese people support the military emergency. "If it is indeed so, yeh, his territorial [command] must be improved. Improve the effort to win the hearts and minds of the people", said Yudhoyono recently in Jakarta.
Armed forces chief General Endriartono Sutarto is of the opinion that in fact 30 per cent of the Acehnese people is extremely good for a military emergency which has only been implemented for six months. According to Sutarto it is not easy to obtain the full sympathy of the people. Because in order to obtain the support of society for the military operation this does not only depend on the military operation alone, but also on other operations. "So indeed is not easy", said Sutarto.
As has been reported, not long ago the government extended the military emergency status in Aceh for six months. This decision obtained the support of the People's Representative Assembly Commission I. However the assembly requested that the implementation of this extension be evaluated [read: Commission I agreed that the military operation in Aceh be extended.] (ULF/Miko Toro and Dwi Guntoro)
[Translated by James Balowski.]
Jakarta Post - November 18, 2003
Fabiola Desy Unidjaja, Jakarta -- The government has backed down on its plan to have the Free Aceh Movement (GAM) listed as a terrorist organization by the United Nations to avoid turning Aceh into an international issue.
Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono said on Monday the government would resolve the Aceh problem in its own way. "We considered the option but we do not want to internationalize the Aceh issue," Susilo said.
The government had repeatedly said that GAM could be included on the UN list of terrorist organizations because its actions met the necessary criteria. The government has accused GAM rebels of perpetrating a series of terrorist attacks in the country. The courts, however, have yet to rule on GAM involvement in any terrorist act.
Jakarta submitted an official request for Stockholm to legally prosecute GAM leaders living there, and provided evidence to back up allegations that violent acts committed by GAM members here were ordered by their leaders in Stockholm.
Listing GAM as an international terrorist group would oblige UN members around the globe to arrest Acehnese rebel leaders and freeze their assets. Most GAM leaders, including supreme leader Hassan Tiro, reside in Sweden.
Susilo said Indonesia would continue with its own measures to deal with GAM rebels, who have been fighting for independence for the resource-rich province since 1970s. More than 10,000 people, mostly civilians, have been killed since this fight for independence began.
The government launched a military operation on May 19 this year to wipe out the rebels from the country's westernmost province.
Six months into the operation, the government has killed about 1,000 alleged GAM rebels and arrested almost 2,000 others. About 35,000 military soldiers and 14,000 police personnel have been involved in the operation. The government has decided to extend the operation for another six months.
Susilo also said the government would continue pressing Swedish authorities to proceed with the legal process against GAM leaders residing in that country.
The minister said the government was not willing to open a new round of talks with GAM as long as the rebels continued to campaign for independence. "We are not willing to open a dialog with organizations that only ask for independence," he said.
GAM leaders in Sweden recently said they would not engage in dialog with the Indonesian government as long as the latter attached conditions. "It is good for human rights activists, organizations and the international community to pressure us to open another round of talks. It is them [GAM] who refuse to return to the negotiating table," the minister said. "We used to believing what they say, but we no longer trust them," he said.
Jakarta Post - November 17, 2003
Jakarta -- At least 16 suspected Acehnese rebels were killed and nine arrested during a military offensive in Aceh from Thursday to Saturday, the Indonesian Military (TNI) said on Sunday.
A press release issued by the TNI said four civilians were also killed in the operation.
The release also said members of the Free Aceh Movement (GAM) shot and killed three civilians in three separate locations in South Aceh on Friday, while residents found the body of another civilian in East Aceh on Friday.
The military said more than 500 GAM rebels have been sentenced to jail since the start of the campaign to wipe out the movement. More than 900 rebels have also been killed, it said.
The government launched a joint operation on May 19 aimed at wiping out the rebels who have been fighting for independence for the natural resource-rich province since 1976. Over 10,000 people, mostly civilians, have been killed in Aceh since 1976.
| West Papua |
South China Morning Post - December 2, 2003
Marianne Kearney, Jakarta -- A notorious East Timorese militia leader has formed a militia group in the mining town of Timika, a Papuan rights group reported yesterday.
Feared militia leader Eurico Guterres was sentenced to 10 years' jail in November last year for instigating attacks on pro- independence leaders during East Timor's bloody referendum in August 1999. He was released pending an appeal -- which could take years -- and formed the Laskar Merah Putih, or Red and White Warriors militia, last month, the Papuan rights group Elsham said.
"He has 200 members and they consist of refugees from Maluku, Timor and Sulawesi," said Elsham's head, Aloysius Renwarin.
"The Papuan community is afraid this group will be used to create a conflict," she added.
The 29-year-old militia leader was continuing to sign up members and had asked the local government in Timika to provide the group with an office, Ms Renwarin said.
The report came as a national police spokesman in Jakarta said yesterday that a former Indonesian head of police in East Timor, who has been acquitted of charges of gross rights violations, would head the force in the troubled province of Papua.
Inspector-General Timbul Silaen would replace Inspector-General Budi Utomo, who was taking the top police slot in East Kalimantan province, deputy police spokesman Sunarko Danu Ardanto said.
Inspector-General Silaen, 55, headed the Indonesian police in East Timor from June 1998 until September 1999, when unrest broke out after the pro-independence results of a UN-held poll were announced. He was acquitted of all charges of gross human rights violations and crimes against humanity in East Timor in 1999 by an ad-hoc Indonesian human rights court in August last year.
Guterres was given the harshest sentence ever handed out by the court for leading at least two violent attacks on pro- independence Timorese supporters in 1999.
The Red and White Warriors militia group, reportedly now led by Guterres, was formed by joining forces with Muslim militia groups, which consisted mainly of non-Papuan migrants who live in Papua, said Ms Renwarin.
Reports of Guterres' move to Papua and his training of militia had appeared in the Timika Post newspaper, according to Elsham. The organisation said it suspected Guterres might have the support of either the central government in Jakarta or local militias to intimidate Papuans who oppose their province being split into two or three.
"Most Papuans oppose the division of the province, so maybe he [Guterres] can influence the Papuan community not to oppose the division," said Ms Renwarin, who pointed out that Guterres had strong ties to President Megawati Sukarnoputri's Indonesian Democratic Party of Struggle, and was appointed head of one of her civilian security groups in 2000.
Jakarta has supported the division of the province because it is seen as a way of diluting the Papuan independence movement, analysts say. "People with a security-minded approach are very concerned about separatism and believe, mistakenly, that this is a way to combat it," said political analyst Kevin O'Rourke.
Papuans yesterday marked the 42nd anniversary of their failed declaration of independence. Since 1961, the armed Free Papua Movement has fought a sporadic guerilla war against the Indonesian military, which annexed Papua in 1962.
[Additional reporting by Agence France-Presse.]
Jakarta Post - November 17, 2003
Netty Dharma Somba & Fabiola Desy Unidjaja, Jayapura/Jakarta -- Papuan human rights activists said they were prepared to support the planned investigation by the National Commission on Human Rights (Komnas HAM) into alleged atrocities in the province.
Activist Iwan K. Niode, who joined the preliminary probe conducted by the commission, said that the Koalisi LSM -- which groups several non-governmental organizations in Papua -- would help find witnesses and other data needed to support the formal investigation.
"I have been asked by the commission to join the inquiry team, along with several activists and we are ready to do our jobs," Iwan said on Saturday.
The commission decided to launch a legal probe into the possible gross rights abuses by the Indonesian Military (TNI) and police in Wasior in June 2001 and Wamena regency in April 2003.
Aside from Iwan, local activists Demianus Wakman and Rika Korain of the Koalisi LSM have been included in the investigation team.
Trikora Military Commander overseeing Papua Maj. Gen. Nurdin Zainal regretted the planned inquiry, saying that the rights body had jumped to conclusions without consulting the military.
"When they came here for the preliminary investigation they held talks with me, but then after they completed the probe they never confronted me with their findings," Nurdin said.
He doubted the accuracy of the data collected by the commission, saying that security officers had not detained as many people as reported by the rights body in the Wamena incident.
"They said we detained 48 people, whereas we had never held that many people," Nurdin said.
He was convinced that the military did not violate standard operating procedures during the Wamena case, in which TNI personnel reportedly tortured the detainees and killed seven of them and forcibly evacuated some 7,000 residents, following raids by the Army after alleged Free Papua Movement (OPM) rebels broke into a TNI armory.
Spokesman for the Papua Police Sr. Comr. David Sihombing also denied accusations that operational procedures had been violated during the raid in Wasior, after six Mobile Brigade police were killed by rebels. At least three people were killed and 16 others tortured during the raid.
In Jakarta, the House of Representatives said that the legislative body would wait until the rights body completed its probe before disclosing its stance.
Chairman of the House Commission II on legal and home affairs Agustin Teras Narang said that the rights body had the right to proceed with the investigation, according to the law.
"They should continue with their investigation and remain independent," Teras said over the weekend. He said that both the House and government could not hamper the investigation as it is part of the country's commitment to upholding human rights.
According to the 2000 human rights law the House decides whether alleged crimes against humanity will be heard in the ad hoc human rights court.
So far the House has approved the rights trials of people implicated in gross human rights violations in East Timor in 1999 and in the North Jakarta area of Tanjung Priok in 1984.
The legislators, however, declared that no human rights violations had occurred in the incidents at Trisakti University and the Semanggi clover-leaf, both in Jakarta, in 1998 and 1999 respectively.
| Government & politics |
Agence France Presse - November 22, 2003
Jakarta -- An influential politician who helped topple Indonesia's previous president explained Thursday why he believes current leader Megawati Soekarnoputri should also go.
"If we want to see change in this country we have to change the present leadership into a better one, meaning more productive, more visionary, less corrupt or not corrupt at all," said presidential hopeful Amien Rais.
Rais, addressing a political forum organised by the information ministry, said he believed the introduction of direct presidential elections next year would be a catalyst for change.
As speaker of the People's Consultative Assembly, which previously elected presidents, Rais was instrumental in ousting Abdurrahman Wahid in July 2001. Wahid's deputy Megawati took over the top job.
Recent opinion polls indicate that her party, currently the largest in parliament, will lose support in the general election on April 5. But as daughter of the country's founding president she is still seen as favourite in the presidential poll three months later.
Rais heads the National Mandate Party and is a former head of the country's second largest Islamic social organisation, Muhammadiyah. But he said: "If I base my political support only on Muslims it's a foregone conclusion that I will lose." "I want to reach out to different strata of our society," he added.
| 2004 elections |
Straits Times - November 22, 2003
Jakarta -- Secular-nationalist parties in Indonesia will have the vote of Muslim voters in next year's election.
That is the result of a study carried out by the independent Indonesian Survey Institute (LSI) which found the majority of respondents backed Golkar or President Megawati Sukarnoputri's Indonesian Democratic Party -- Struggle (PDI-P).
The survey, undertaken in August this year, involved 2,240 respondents. The poll sought to differentiate between "devout" Muslims and secular ones on the basis of the frequency with which they prayed, fasted and read the Quran.
Of the total number interviewed, nearly half categorised themselves as devout Muslims. Muslims as a whole made up 89 per cent of those interviewed.
The findings underscore a pattern in Indonesia's post-independent history -- especially the results of the country's most democratic elections to date in 1955 and 1999 -- where Muslim parties have not been able to challenge the dominance of mainstream parties.
The LSI survey found that a coalition of the Nation Awakening Party (PKB), the Justice Party (PKS) and the National Mandate Party (PAN) had the support of just one-third of devout Muslims and 16.2 per cent of secular Muslim respondents. The PKB, PKS and PAN had the backing of just 19.2 per cent of the total number polled.
When it came to parties that pushed for the syariah law or an Islamic state, support dipped even further -- as low as 14 per cent, according to the survey.
An LSI spokesman was quoted in the Jakarta Post as saying: "The Muslim-based parties do not have enough support to win the majority of the vote in the 2004 election." Neither do leaders from the Islamic camp.
The poll showed that Muslim leaders such as PAN chairman Amien Rais and the Crescent Star Party's Yusril Ihza Mahendra -- both of whom are presidential aspirants -- were less popular than nationalist figures. Security czar Susilo Bambang Yudhoyono was a favourite with pious Muslims. He topped the list with 13 per cent, followed by Ms Megawati with 11.6 per cent, former president Abdurrahman Wahid of PKB with 11.1 per cent and United Development Party (PPP) chairman Hamzah Haz with 9.2 per cent. Last on the list were Mr Yusril and Mr Amien with 7.9 per cent and 7.7 per cent respectively.
Polling is still in its infancy in Indonesia, but the LSI's findings are telling because they reinforce other surveys carried out in recent months in which the mainstream parties -- PDI-P and Golkar -- and their leaders are in front.
Against a backdrop of terrorist attacks in the country, support for Muslim-based parties is receding, given concerns that backing for Islamic politicians could pave the way for hardliners to come to power. Observers believe that if any of the five major Islamic parties makes gains in the parliamentary election, it will come at the expense of the others.
There are even doubts about whether they could forge an alliance. Torn apart by personal ambition and ideological differences, they are unable to unite behind a single presidential ticket that could challenge the secular-nationalist bloc.
Political analyst Meidyatama Suryodiningrat of the Jakarta-based Van Zorge consultancy believes that parties such as the PPP, the PKB and the PAN, which are led by powerful, high-profile individuals, are held in an ironic trap: "They have strong party chiefs who can attract a large number of voters. But it is the very stature of these individuals that diminishes the likelihood of other high-profile candidates running on the same ticket." He said that smaller Islamic parties such as the PBB and the PKS, which are led by politicians with limited popular appeal, are looking outside the Muslim bloc for national-level leaders.
Indeed, they are courting the likes of security czar Susilo Bambang Yudhoyono and Muslim scholar Nurcholish Madjid.
There is little chance of them supporting a presidential candidate from one of the big three Islamic parties. That leaves the Muslim camp in a major quandary. There is no one figure that can lead them or forge a united platform.
Six months before the general election, the LSI survey and other signs are increasingly pointing towards their nemesis, the secular-nationalists, leading the way.
Kompas - December 4, 2003
Jakarta -- The 2004 general election are expected to become an arena for the restoration or recycling of the old powers from the New Order [regime of former President Suharto] who are getting ready to win the 2004 elections. The 2004 elections will not bring any kind of alternative because the system has been engineered not to produce the slightest change.
There are even a number of groups who have openly stated that they will not use their right to vote in the elections because it carries no hope for change or possibility of giving birth to a government which can restore the economy.
At two separate discussion on Wednesday December 3, speakers took a similar line in speaking about their feelings of pessimism with regard to the elections. The discussions were titled "The 2004 Elections Post Political Party Verification" at the hotel Sahid, which was organised by Radio 68H and "Youth Examine the 2004 Elections", which was organised by Indemo.
The secretary of the People's Democratic Party (PRD), Natalia Scholastika said that the elections were in reality the most democratic arena in which to produce a new government. Only now, with the conditions here, this is an elections which has been engineered and planned so as to not produce the slightest change.
Even more so she said that it is precisely the political consciousness of modern society which is being used by political parties - which are collaborating with the New Order or political parties formed by the New Order - that will make the elections a merely ceremonial arena.
"Society will just view it as a festival of democracy, not an advance in political consciousness to bring change in a better direction", said Natalia adding that the PRD does not have a perspective of boycotting the 2004 elections.
Natalia recalled that the people placed their hopes in the 1999 elections, after the 1998 reforms produced a more open and democratic political system. However the reality is that between 1999 and now, no change at all has occurred in the areas of the economy and politics.
Youth are pessimistic
In the discussion "Youth Examine the 2004 Elections" which was organised by Indemo, General Election Commission member Mulyana W. Kusumah also acknowledged that the 2004 elections will not bring any hope of change because of the participation of people from the old parties, who are using the old system. As a result, the elections will relegitimise the power of the status quo though change in a number of sectors, but will not be significant in terms of political change.
In relation to this, Mulyana saw the importance of political education for the people in the elections as was carried out by the Independent Election Monitoring Committee (KIPP) during the period of the Suharto regime.
The Indemo discussion was attended by ex-Malari(1) activist Hariman Siregar, PRD chairperson Haris Rusli Moti, KIPP secretary general Ray Rangkuti and youth activists from a number of organisations and united actions.
The chairperson of the Indonesian Muslim Workers Union, Syahganda Nainggolan, was of the view that there are no large political parties which exist at the moment which have a vision to rebuild Indonesia. They only ever think about overturning the political or economic structure which is controlled by a small fraction of people. Such is the case with the presidential candidates which exist.
"[National Mandate Party chairperson] Amien Rais, [Vice- president] Hamzah Haz [from the United Development Party] and [President] Megawati have no vision about workers. We need a battering ram to save Indonesia" said Syahganda.
Haris Rusli meanwhile said that the elections were not important for young people because the regime which will be produced will not be capable of overcoming the crisis which has occurred. According to Haris, a movement rejecting the elections has not manifested itself in society. But what is clear is that all people desire change.
"Change depends on whether or not there are young people who will tolerate being played with, tolerate poverty, because the difficulty of change occurring is because of the behaviour of the activists themselves", said Haris.
Danial Nafis, an activist from the United Indonesian Muslim Student Front (KAMMI), said that the fact that the 2004 elections are only going to become an arena for the consolidation of the power of the New Order means that it will not produce any significant change. Because of this said Nafis, KAMMI is taking a postion of rejecting the elections.
Geiss Chalifah, an Al Irsyad youth activists waned that if the coming elections fail it will mean that the regime which will come to power will be a military regime. (wis/BUR)
Notes
1. Malari - "The January 15 disaster" (Malapetaka 15 Januari) refers to a student demonstrations and riots against corruption and the military in Jakarta during the 1974 visit by the Japanese prime minister. More than 200 students were arrested and many jailed for long terms.
[Translated by James Balowski.]
Jakarta Post - November 17, 2003
Jakarta -- Nahdlatul Ulama (NU) chairman Hasyim Muzadi criticized the country's security authorities for issuing repeated warnings of possible disturbances ahead of the 2004 elections, saying this would only succeed in causing anxiety.
"The intermittent warnings will cause people to feel uneasy and panicky. I understand they are aimed at keeping people on the alert, but the military and the police, which bear the responsibility for protecting citizens, must prove their words first," Hasyim was quoted by Antara as saying on Saturday.
The chairman of the country's largest Muslim organization said the military and police should have the evidence to support their warnings. The security authorities should arrest those people they have accused of intending to create chaos during the elections, rather than just announcing more security warnings, he said.
Indonesian Military (TNI) chief Gen. Endriartono Sutarto told the House of Representatives last week that intelligence authorities had detected moves by some groups to sabotage the elections. He also categorized demands for a judicial review of the election law as part of the attempts to foil the polls. Endriartono did not identify those groups that were allegedly plotting to foil the elections.
National Police chief Gen. Da'i Bachtiar later backed Endriartono's statement and asked people to remain on the alert. Da'i also warned of possible terrorist attacks around the Idul Fitri holiday.
Hasyim criticized both the military and police chiefs for emulating their predecessors from the New Order era, who he said preferred talking to working. The Muslim leader said there had been few changes in the way the police and the military went about their duties since the fall of the New Order in 1998. He urged the military and police to revamp their working systems in order to boost their performance and to prevent security flaws.
"Should the military and the police fail to improve their performance, it will be difficult for the nation to feel secure and to continue to grow," Hasyim said.
Political analyst Indria Samego said the early warnings served as notification that the military still played a pivotal role in the country's politics. Indria, a researcher with the Indonesian Institute of Sciences, said he could understand the behavior of the military, which will no longer be allocated seats in the House of Representatives.
| Corruption/collusion/nepotism |
Jakarta Post - November 18, 2003
ID Nugroho, Malang -- Chairman of the Indonesian Corruption Watch (ICW) Teten Masduki proposed that both Nahdlatul Ulama (NU) and Muhammadiyah issue election guides suggesting followers not to vote for legislative candidates and political parties with unclean track records.
Teten said during the launch of a national anticorruption movement by the country's two largest Muslim organizations that he and other corruption watchdogs were ready to supply the religious groups with the records of legislative candidates.
"It's very important for both the NU and Muhammadiyah to issue a haram [forbidden under Islamic law] edict banning their followers from voting for corrupt candidates and parties during the election. Otherwise, the legislative bodies will be filled with corruptors," Teten said, amid the cheers of thousands of attendees.
He said the ICW and other non-governmental organizations supporting a corruption-free election would screen legislative candidates for possible past involvement in corruption, collusion and nepotism practices. "The screening will reveal which politicians are dirty and which ones are clean, and therefore deserves support," he said.
Along with Teten, noted Muslim scholar Nurcholish Madjid was among those invited to attend the launch of the national anticorruption movement, as well as leaders of other religious groups, including Rev. Yewangoe of the Indonesian Communion of Churches (PGI) and Bishop Hadi Wikarta of the Malang diocese.
No government officials turned up for the event, although they had also received invitations. The government has been constantly criticized for its lack of political will in combating corruption.
NU chairman Hasyim Muzadi dismissed Teten's demand, saying the movement was not targeting individual people or organizations. "Our movement does not deal with individuals, as we aim at freeing Indonesia as a whole from corruption. We will encourage law enforcers to take strict and indiscriminate measures against those involved in corruption," he said.
To support the movement, clerical members of NU and Muhammadiyah will be asked to highlight the danger of corruption in their sermons. "We will also ask for support from churches, so that our campaign can reach more people and will belong to the entire nation," Hasyim said.
Muhammadiyah chairman Syafii Maarif called on the government and law enforcers to heed the anticorruption campaign. "Otherwise, the country will move closer to the brink of collapse," he said.
He agreed to suggestions that state officials and employees be given salary increases, but said the measure would not curb corruption if tough law enforcement was not applied.
"We can emulate China in enforcing the law against corruptors," Syafii said. Under Chinese law, corruption charges carry a maximum death sentence.
Nurcholish, meanwhile, asked the anticorruption champions to develop a common definition of corruption. "A government official who owns a company is not categorized as a corruptor [in Indonesia], but in developed countries he or she is, by all means, a corruptor," he said.
Earlier, Muslim scholar Abdul Munir Mulkhan had warned of the difficulties in defining corruption. In daily practice among Muslims, corruption is a minor sin that could become a good deed if some of the stolen money is donated to orphanages or mosques.
Jakarta Post - November 17, 2003
ID Nugroho and Fabiola Desy Unidjaja, Surabaya/Jakarta -- Nahdlatul Ulama chairman Hasyim Muzadi called for a moral movement to eradicate corruption because the law had proven toothless.
"Our law no longer has the courage, therefore corruption eradication must begin with a moral movement," Hasyim said during a press conference at the Al-Hikam boarding school he runs in Malang, East Java.
The conference precedes the planned declaration on Monday of a national anticorruption movement spearheaded by NU and Muhammadiyah, the country's two largest Muslim organizations.
"A synergy between moral and legal movements will result in a system which will give birth to clean leaders. We expect only the clean to be elected in 2004," Hasyim said.
He said the moral movement would encourage people to avoid any form of corruption, such as giving "presents" to state officials.
Playing down any political motives behind the movement, Hasyim asserted the anticorruption campaign was not meant to discredit any certain political party or the government.
Corruption, collusion and nepotism were blamed for the economic crisis that hit the country in 1997, which led to the reform movement and regime change.
However, many critics accuse the new regime of failing to clean up the country, with corruptors remaining undeterred as they take advantage of weak law enforcement.
Loopholes in Indonesian law have allow many convicted corrupters to remain free or to receive light sentences, injuring the people's sense of justice.
Underlining their concern with corruption in the country, both NU and Muhammadiyah, which have 70 million members between them, said the movement would only work with the complete backing of the entire nation. "With the declaration [of the movement], we wish to clear all the stumbling blocks to our efforts to eradicate corruption and bring the corruptors to justice," Hasyim said.
The declaration will take place on Monday at the Al-Hikam boarding school.
State Minister for National Development Planning Kwik Kian Gie, Minister of Maritime Affairs and Fisheries Rokhmin Dahuri, Indonesian Communion of Churches deputy chairman Rev. Yewanggoe and Roeslan Abdul Gani are scheduled to attend the declaration in a show of support.
The launch of the moral movement follows a memorandum of understanding signed on October 15 by NU, Muhammadiyah and facilitator the Partnership for Government Reform.
The Indonesian Bishops Council, representing the Catholic church, has declared its support for the anticorruption movement and will issue an election guide asking Catholics to vote for politicians untainted by corruption.
As part of the movement, NU and Muhammadiyah will draw up guidelines for their followers in dealing with corruption and impose moral sanctions against any members involved in corruption. To lead by example, the two organizations will adopt open management to ensure transparency and accountability.
Hasyim criticized President Megawati Soekarnoputri for her reluctance to take harsh measures against corruption because, as she has said, she does not want to be accused of human rights violations. "Corrupters themselves are human rights abusers. Law enforcement officials should have no hesitation in taking tough action," he said.
Muhammadiyah chairman Syafii Maarif said that as part of the moral movement, the organization would introduce an annual internal audit that would also apply to all legal entities under Muhammadiyah.
"To uphold public accountability, we will assign a public accountant to do the audit," Syafii told The Jakarta Post. "For our members, should they be found involved in corruption, they will be dismissed from Muhammadiyah."
| Regional/communal conflicts |
Straits Times - November 18, 2003
Devi Asmarani, Jakarta -- Thousands of troops were deployed to Poso in Central Sulawesi yesterday as residents braced themselves for more violence following reports of murder and unrest over the shooting of a terror suspect.
About 2,300 troops have been deployed here from Jakarta and nearby provinces.
Police said the situation was back to normal and business activities resumed yesterday, but a high-alert status remained in place because of possible sectarian unrest.
Police spokesman Sunarko said: "From the headquarters in Jakarta, aside from the riot police, we have also sent intelligence officers, criminal investigators, medics and other related personnel." The troops will patrol provincial roads to protect public transport, which is often attacked by unidentified gangs pursuing rival groups.
Early yesterday morning, three men armed with crowbars and home- made rifles attacked a bus carrying 19 passengers. One passenger is reportedly missing and press reports said some bus operators had ceased operations.
A prolonged sectarian conflict that began in 2000 has claimed about 2,000 lives in Poso and nearby Tentena. Peace was restored following a government-brokered peace deal in December 2001.
But sporadic bloodshed has continued since October 12 following an attack on three Christian villages, raising fears of clashes between Muslims and Christians in the regency.
Officials in Jakarta blame Jemaah Islamiah terrorists for the latest attacks, which began on the first anniversary of the Bali bombings.
On Saturday, police nabbed three people linked to the October 12 attacks. One of them, Hamid Sudin, was shot when he tried to resist arrest, police said. His death and the arrest of Irwan Rais and Sukri angered local Muslims. Thousands of them besieged the Poso police headquarters yesterday demanding their release. A motorist was killed by the mob during the protest.
Brigadier-General Sunarko said yesterday the two had been released as they had cooperated with investigators.
Meanwhile, police are investigating the murder of three church workers who were travelling from Tentena to Poso. Mr Oranje Tadjodja, his nephew Yohannes Tadjodja and Mr Denny Lingkuliwa, all missing since Thursday, were found dead in their car near Pesisir Poso yesterday.
Troops have been deployed to prevent residents of predominantly Christian Tentena from attacking Muslims in other villages.
| Local & community issues |
Jakarta Post - November 17, 2003
Irvan NR, Palu -- Poso Police headquarters was besieged on Sunday by thousands of people protesting the death of terrorist suspect Hamid Sudin, who was shot and killed by police attempting to arrest him in relation to the bloody attacks on three Christian villages in Central Sulawesi on October 12.
The protesters from coastal areas of Poso, Central Sulawesi province began picketing outside police headquarter in Poso town on Jl. Pulau Sumatra at midday. The crowd quickly grew as local residents joined in. The situation deteriorated during the afternoon and security personnel moved in to disperse the crowed by force about 5 p.m. local time.
Police said Hamid, 22, was shot and killed on Saturday when he attempted to attack police. His two companions, identified as Zukri and Irwan bin Rais, surrendered to police without a fight. Zukri was reportedly released on Saturday evening. The raid was carried out after a tip off from local residents who had heard gunfire.
When police arrived at the scene, they saw three armed men. Police ordered them to surrender but Hamid allegedly attempted to attack security personnel. He was immediately shot in the chest.
Hamid was rushed to Undata General hospital in Palu but was pronounced death shortly after arrival. His family buried him at around 1pm local time Sunday.
Police also found evidence at the scene of the shooting, including a gun, an air rifle, a green beret, one black-sack filled with cables and several rounds of ammunition.
Police said the three were wanted in connection with the October 12 attacks in Poso regency and neighboring Morowali regency. At least 10 people were killed in the attacks the government has linked to regional terrorist network Jamaah Islamiyah (JI).
JI has been blamed for the Bali blasts last October 12, 2002 and the JW Marriott Hotel attack on October 5, 2003. At least 202 people were killed in the Bali bombings and 12 in the JW Marriot attack.
Authorities say JI is tied to al-Qaeda, an international terrorist network of Osama bin Laden, the principal suspect of Sept. 11 terrorist attacks in New York and Washington that killed more than 3,000 people.
Meanwhile, security personnel prevented residents of Tentena from entering Poso on Sunday. The residents were on their way to Poso to seek clarification of the deaths of Central Sulawesi's Christian Church (GKST) treasurer Yuhanis Tajoja, 60, and his driver Buce, whose bodies were found near Pesisir Poso on Sunday. Police are yet to comment on the deaths.
The two bodies were evacuated to Poso General Hospital before being moved to Palu, according one of the volunteers. Thus far, police are yet to give comments about the deaths.
People from Poso and Tentena were involved in the prolonged sectarian conflict that erupted in the regency in 2000 and claimed about 2,000 lives over two years.
The government brokered the Malino peace deal in December 2001, but sporadic bloodshed continued. The situation is again beginning to deteriorate between Muslims and Christians.
| Human rights/law |
Jakarta Post - November 22, 2003
Jakarta -- A plenary meeting of the House of Representatives endorsed on Thursday 13 bills on the creation of 24 new regencies in 13 provinces into law.
The 24 regencies approved include Kolaka Utara, Kolaka Utara, Bombana and Wakatobi in the province of Southeast Sulawesi, Sumbawa Barat (West Nusa Tenggara) and Lingga (Riau).
Also, are Tojo Una-una (Central Sulawesi), Melawai and Sekadau (West Kalimantan), Minahasa Utara (North Sulawesi), and Supiori (Papua).
In Sumatra are Samosir and Serdang Bedagai (North Sumatra), Oku Timur, Oku Selatan and Ogan Ilir (South Sumatra), Dharmasraya, Pasaman Barat and Solok Selatan (West Sumatra).
Finally there are Lebong and Kepahiang (Bengkulu), Aru Islands, Western Seram and Eastern Seram (Maluku) and Bener Meriah (NAD).
In the meeting, led by senior politician Soetardjo Soerjogoeritno, each faction hoped that the formation of the new regencies could shorten the chain of bureaucracy so that development in the regions could be accelerated.
| Reconciliation & justice |
Agence France Presse - November 22, 2003
Jakarta -- The Army's special forces (Kopassus) chief must stand trial for crimes against humanity over a massacre which took place almost 20 years ago, the country's human rights court ruled Thursday.
Judges rejected defence claims that they have no right to put Maj. Gen. Sriyanto Muntarsan, who now heads the Kopassus special forces, on trial.
"The indictment of the prosecutors meets the requirements and is clear and complete. And furthermore, the ad hoc human rights court at the Central Jakarta district court has both the authority and the competence to hear the case," Judge Herman Heler Hutapea ruled. He adjourned the hearing to December 11 to hear witnesses.
More than 100 Kopassus soldiers and other members of the powerful military packed the court in a show of support for the general.
Muntarsan, now 52, is charged in connection with the fatal shooting of a crowd of Muslim protesters in Tanjung Priok, North Jakarta, 1984.
Prosecutors say Muntarsan's troops shot into the crowd in September 1984 without first firing warning shots. At least 10 people died and the shootings continued as protesters fled, the indictment said. An investigation by the National Commission on Human Rights found at least 24 people were killed.
The judges dismissed defence claims that the retroactive principle -- under which the rights court established in 2000 hears earlier cases -- breaches the law.
In addition to Muntarsan, two retired generals, an army captain and 10 private soldiers accused over the massacre are on trial separately.
Jakarta Post - November 18, 2003
Kurniawan Hari, Jakarta -- Experts have expressed concern that a planned Truth and Reconciliation Commission will serve as a legal whitewash of past gross human rights abuses, allowing perpetrators to avoid prosecution.
Frans Magnis-Suseno of the Driyakara School of Philosophy told the House of Representatives commission in charge of deliberating the bill on truth and reconciliation on Monday that many perpetrators of past human rights abuses were still in power.
"It is not impossible that they are using their power to escape being held accountable. The Truth and Reconciliation Commission must not become an institution to protect them," Frans Magnis said.
Political analyst J. Kristiadi from the Centre for Strategic and International Studies expressed similar concerns at a hearing with the commission last week.
Frans suggested the bill order the planned commission to divulge the background of all the human rights cases it handled. Without a clear background and explanation, he said, victims of human rights abuses would remain victims.
Former National Police chief Gen. (ret) Awaloeddin Djamin, meanwhile, urged lawmakers to overhaul the government-sponsored bill, which he said contained numerous flaws. Awaloeddin said the bill did not clearly define the perpetrators of conflicts.
Taking the conflicts in Poso, Central Sulawesi, and in Ambon, Maluku, as examples, Awaloeddin said it was difficult to identify the perpetrators in these communal conflicts.
He added that finding who was responsible for rights abuses in a conflict involving the state was also difficult. "Is it the military soldiers, the police personnel, the commander or the president?" he asked.
Monday's hearing was also expected to hear from Muslim scholar Nurcholish "Cak Nur" Madjid, former president Abdurrahman "Gus Dur" Wahid and journalist Jakob Oetama, but they failed to appear.
Commission chairman Sidharto Danusubroto said Cak Nur was too busy with his position as rector of the Paramadina Mulya University and Jakob was sick. Gus Dur, meanwhile, asked to delay his meeting with the commission until December 9.
Awaloeddin also said the nation must restore the good names of those people jailed without trial following the 1965 abortive coup blamed on the Indonesian Communist Party.
He said the President could issue a decree to restore their names without having to go through a Truth and Reconciliation Commission. Earlier, several analysts have expressed doubt that the commission can help in the process of national reconciliation.
J. Kristiadi from the Centre for Strategic and International Studies said that the nation could not reach reconciliation because the perpetrators of human rights abuses remained more powerful than the victims.
"The current atmosphere is not feasible for reconciliation. If we insist on forcing reconciliation, it will only create more problems," he said on the sidelines of a hearing with legislators.
The bill was mandated by the People's Consultative Assembly (MPR) in a decree issued in 2000. It is intended to settle human rights violations that have not been brought to a close by the current legal system.
It is expected that the perpetrators or witnesses testifying before the commission will apologize to the victims and offer compensation.
| Environment |
Antara - November 18, 2003
Jakarta -- The proposed resumption of marine sand exports to Malaysia and Singapore is part of a certain political party's scheme to raise funds for its 2004 general election campaign, a non-governmental organization claimed here recently.
"The proposal is closely related to a certain political party's scheme to raise funds for its campaign in the general election in 2004," said Longgena Ginting, executive director of Walhi (Indonesian Forum for the Environment), here recently.
Without naming the political party concerned, Ginting said Walhi was opposed to the proposal, as the exports would damage the environment.
Ginting said Walhi had collected the signatures of some 50,000 Riau residents who also objected to the proposed resumption of marine sand exports, and would convey the petition to the government.
The petition would also be addressed to Ministry of Industry and Trade Rini Soewandi and State Minister of the Environment Nabiel Makarim.
The two ministers were known to have expressed objections to the exports and the petition would be sent to them as a token of support for their stance on the matter.
"We reject marine sand exports, no matter what its proponents say to justify them, because the damage they do to the environment and the losses they cause to fishermen will be much greater than the income they generate," Ginting said.
According to Walhi, the value of marine sand exports, at US$1.30 per cubic meter, was too low in comparison with the natural damage they caused and the loss of fish potential that would harm fishermen.
| Armed forces/police |
Kompas - November 12, 2003
Jakarta -- TNI (armed forces) chief General Endriartono Sutarto has asserted that the TNI are not soldiers for hire. Therefore if there are companies which need security services, the companies concerned do not have a contract with the TNI, but with the government.
This statement was made by the TNI chief during a working meeting with Commission I of the People's Representative Assembly (DPR) at the national parliament on Tuesday November 11 in Jakarta. The meeting was presided over by Commission chairperson Ibrahim Ambong from the Golkar Party fraction.
"Certainly, companies want to take responsibility for public money which is being spent. Because of this, they want to have a contractual agreement with the TNI. But, if it's like that, doesn't that then mean that the TNI are soldiers for hire", said Endriartono.
If a company wants to pay for TNI's security services, this should not mean that the companies are paying the TNI but rather they are paying the state. "If they want to pay, then pay the government. The TNI is already paid by the state", he explained.
It was also explained that the presence of the TNI at vital installations is actually based on a decision issued by the government. By withdrawing units from vital installations, it is hoped that the rotation of soldiers can be better regulated in order to give soldiers time to rest.
DPR Commission I member from the Indonesian Democratic Party of Struggle fraction, Permadi, asked the TNI chief not to be emotional in responding to foreign companies which are interested in renting the TNI for security services at vital installations. Permadi's assessment was that the TNI's role in protecting vital installation is still greatly needed. He was concerned that if the TNI suddenly withdrew troops, vital installations which provide large amounts of foreign exchange earnings for the state will be disrupted.
Furious with the FBI
At yesterday's meeting, Endriartono also expressed his disappointment with foreign parties who keep trying to link the Timika case with the TNI. In the August 31 attack at Timika, West Papua, two US citizens and an Indonesian died.
According to Endriartono, the TNI purposely invited the Federal Bureau of Investigation (FBI) to join in the investigation. However the FBI has instead been going around stating that the TNI has not given them access to the Timika investigation.
"I am angry with Ambassador Boyce (the US ambassador for Indonesia, Ralph L. Boyce). I say, call the FBI in again. But don't hope that I will meet with him. If the TNI is involved, [in the Timika case] feel free [to investigate]. I will give access to any place. But I ask one thing, I don't want to meet [with Boyce] again because I feel I have been insulted", said the TNI chief firmly, adding that this position is only for the sake of the good name and national respect [of the country].
For the sake of TNI's professionalism
Separately, army chief of staff General Ryamizard Ryacudu stated that the TNI's suggestion to the government to transfer the role of security at the 16 vital institutions to the management of the companies and the police force was only for the sake of improving their professionalism within the system of national defense, to confront military threats. The TNI is ready to withdraw three battalions which have to date had a special role at the 16 vital installations.
This readiness to withdraw three TNI battalions from these vital installations was explained by Ryamizard after a graduation ceremony of retired high ranking army officers and the commemoration of the 46th anniversary of the Magelang Military Academy in Central Java on Tuesday.
"There is absolutely no problem. The issue of the withdraw of these troops depends on an order from the TNI chief. If there is an order to withdraw today, then today it will be carried out. What is it that's so difficult [to understand]?", he said.
The suggestion by TNI chief Sutarto on the withdrawal of troops which have been providing security services for 16 vital installations throughout Indonesia was initially presented at a politics and security coordinating meeting on November 4. The suggestion, which has been misinterpreted by media, was explained again by Endriartono at a press conference at the TNI headquarters at Cilangkap last Monday.
"We have suggested to the government that security services at vital national installations be shifted away from the TNI. The conditions and situation at present do not require the presence of the TNI 24 hours a day every day. The TNI want's to uphold the law in accordance with [prevailing] legislation", said Endriartono.
Company management
Endriartono explained that basically the role of security at vital installation lies with the management of the company concerned. This security role by management can be in the form of providing a security system or a security unit. "If needed, the police force must provide backup, not the TNI. If it escalates significantly, only then will the TNI be present", he said.
The vital installations which are currently being protected by the TNI are PT Arun LNG, PT ExxonMobil, PLTA Sigura-gura, PT Inalum, PT Caltex Dumai, Kilang Minyak Plaju and Gerong, PLTU Suralaya, PT Dirgantara Indonesia Bandung, Kilang Minyak Cilacap, PLTU Paiton, PLTU and Petrokimia Gresik, PT Badak LNG Bontang, PT Vico Muara Badak, Unocal Sangata and PT UP V Pertamina Balikpapan, PT Nikel Soroako, PT Freeport Tembaga Pura and PT Puspiptek Serpong.
Of the three TNI battalions carrying out security services, one battalion has been on duty at PT Arun LNG and ExxonMobil in Aceh and at PT Freeport in West Papua. For Aceh, the withdrawal of troops will be carried out after the military emergency states has been revoked.
The security services which have been carried out by TNI represent a state role based on the situation and conditions at the time these vital installations were established. At that time, the TNI was given the task of protecting and guaranteeing the operation of these installations. Because the current situation and conditions have changed, and with Law Number 3/2002 on National Defense [which specifies that the TNI are responsible for national defense and the police for internal security], the TNI wishes to transfer the task to the management of the companies concerned and the police force. The TNI can then focus itself on developing the professionalism of the TNI.
With the planned withdrawal of the three battalions providing security services, the TNI can also avoid accusations and being scapegoated when disturbances occur, as has frequently happened in West Papua in relation to PT Freeport. "It's true, often we are scapegoated and slandered by other countries", said Ryamizard. (INU/SUT)
[Translated by James Balowski. In an editorial in the same issue of Kompas, it was suggested that perhaps the TNI were "ngambek" - pouting, moping or sulking.]
| Economy & investment |
Asia Times - November 19, 2003
Bill Guerin, Jakarta -- Indonesia's director general of taxation, Hadi Purnomo, under strong pressure to increase income tax receipts, has responded by using gijzeling -- the Dutch term for detention without trial used in the Indonesian legal system -- to jail foreigners, and his approach is sending a serious shudder through Jakarta's expatriate business community.
Purnomo was responding to a July 25 joint decree by the ministers of finance and justice that stipulated that tax evaders owing more than Rp100 million (US$11,500) to the central government or any regional government could be subject to detention for up to one year without trial. Purnomo warned that if recalcitrant taxpayers evaded their dues, or asked for a postponement and then refused to pay, they would face gijzeling.
By the end of last month, the blacklist tax evaders forbidden to leave the country had grown to 68 people who collectively owe Rp674 billion in unpaid taxes. Restraining orders have been slapped on them. Their initials, although not their full names, have been publicized in the press and they have been repeatedly threatened with gijzeling. Tax officials said that 18 foreign nationals from Japan, South Korea, the UK and the US additionally owed a combined Rp388 billion ($45.76 million) in unpaid taxes at the end of last month.
Although things have increasingly tightened lately, it was a practice for decades for foreigners to skip paying their Indonesian taxes. When one major multinational corporation went to tax authorities in the mid-1980s to ask about paying Indonesian income taxes for its local expatriate employees, the company's representative was met with a look of utter astonishment. On November 10, however, Briton Mark M Greenwood became the first victim of gijzeling, and of the new tough stance, when he was detained in East Jakarta's notorious Cipinang jail for alleged failure to pay Rp45.8 billion ($5.4 million) in personal and corporate income taxes. It is unknown at this point if Greenwood has been released.
Nonetheless, the message has been sent. Greenwood was unfortunate in more ways than one. Not only did he achieve unwanted fame as the first foreigner ever to be jailed for alleged tax offences, but also according to the law, his name should not have surfaced in public. Admittedly tax officials declined to reveal the Briton's name, identifying him only by his initials of MMG, but intrepid reporters easily persuaded the chief warden at Cipinang jail to disclose his name.
They then moved quickly to suss out the fact that Greenwood is managing director of Indo-Pacific Resources (Java) Ltd, an oil company owned by Canada-based Fortune Oil & Gas Inc that operates two oil blocks in Indonesia. The cat was out of the bag.
The International Monetary Fund, whose umbrella Indonesia will leave next month, has consistently called for reform and overhaul of the country's tax office and legal system. The Large Taxpayers Office, (LTO) set up last year with the agreement of the IMF, focuses on collecting taxes from the country's biggest businesses. Its primary function is to put the screws on delinquent taxpayers and take strong measures to reduce tax arrears. However, it is not yet operational.
Technically, tax officials are not allowed to disclose any information regarding taxpayers. The existing tax law on procedures includes a stipulation on taxpayer secrecy that forbids the disclosure of names or details of amounts owed in taxes.
This same clause prevented the tax directorate from going ahead in September last year with a threat to go public with the names of the country's largest corporate tax evaders if they continued to be uncooperative in settling their tax obligations.
The chairman of Indonesian Corruption Watch (ICW), Teten Masduki, highlighted the ambiguity inherent in this cop out when pointing out that publishing the names of the tax evaders would not necessarily violate the taxpayer secrecy code as the government frequently publishes lists of the names of good taxpayers.
Under the previous system, the income tax of an individual, local or foreign, with only one source of income was processed by his or her employer. But a new income tax ruling on foreigners working or living in the country came into effect in January 2001. Tax consultants and foreign businessmen immediately raised concerns that the new ruling would not be conducive to wooing foreign investment back to the country. Under the ruling, foreign taxpayers, just like Indonesians, have to apply for a tax identification number, locally known as a NPWP, report their income to their local tax authority and pay the taxes.
Annual incomes of up to Rp25 million ($2,688) are subject to a 5 percent income tax. Annual income of Rp25 million to Rp50 million is subject to a 10 percent tax; Rp50 million to Rp100 million, a 15 percent tax; Rp100 million to Rp200 million, a 25 percent tax; and above Rp200 million, 35 percent.
Purnomo's predecessor as director general of taxation, Machfud Sidik, said at the time that the tax office would not be "too aggressive" at first in enforcing the new law as tax officials needed time to sort out tax-treaty issues with foreign tax authorities.
The income tax directorate assured foreign businesses that it would cooperate closely with tax consultants and foreign chambers of commerce to ensure smooth implementation of the ruling. Indonesia has signed tax treaties with 47 countries.
Tax officials also assured expatriates that audits on individual taxpayers would be conducted only on a selective basis and would be limited in number, to avoid any unreasonable demands or pressure on individuals.
A taxation manual for foreigners was produced and Purnomo said "they" would no longer have the excuse that they didn't understand the regulations.
According to the tax laws, resident taxpayers are subject to taxation on their worldwide income, regardless of geographic origin. That particular ruling was introduced in 1984, but in the past, the ruling had not been seriously enforced. The laws also stipulate that any individuals, including foreigners, residing in Indonesia for more than 183 days during a 12-month period shall be treated as resident taxpayers.
Tax audits have, historically, resulted in arbitrary assessments imposed by tax officials who have discretionary power to interpret tax rulings. There is little difference then from the approaches, tactics and powers common to tax authorities elsewhere, especially in the US and Western Europe. But what seems to have spooked the foreign taxpaying community in Indonesia is the way Greenwood was whisked off to jail without trial.
"Tax evaders are criminals. If the tax officials protect them from the public it means they are protecting criminals," Teten said.
Most would agree with that point, but the foreign business community believes it is the wrong time and the wrong place to demonstrate the power to jail foreigners over tax arrears.
The chairman of the International Business Chambers, Peter G Fanning, said the move would further undermine Indonesia's investment image, pointing out that "bad news travels much faster than good news".
Japan is Indonesia's biggest investor. The chairman of the Jakarta Japan Club Foundation, Takafumi Sone, commented that the detention of foreigners without prior trial was "too much".
"We are not comfortable because we have already been facing hard times here," Sone said. "If there is a problem, we usually file an objection with the tax office and settle it at the tax court."
A Japanese national was reported to be among 16 other expatriates facing the same fate if they continue to refuse to pay up. However, he had agreed to settle his tax arrears and the detention threat was postponed.
Expatriates owing large tax arrears will be barred from leaving the country until they square their tax obligations to the government, the tax authorities said.
Tax experts make another point on the issue, saying that more extortion and collusion could stem from the power to detain tax evaders without prior trial given unscrupulous tax officials who can now intimidate taxpayers with the threat of gijzeling.
Sofjan Wanandi, chairman of the National Economic Recovery Committee (KPEN), said last week that there had already been several complaints from businessmen, and "cooperative" taxpayers that tax officials had threatened them with the full force of the new and powerful sanction.
It is common for many Indonesian taxpayers to evade their tax obligations by conspiring with tax officials, although both parties see it as more of a "negotiation" process than a criminal act, which denies vast sums of tax revenue to the country.
Greenwood should have had the company of one convicted tax evader, Indonesian national Jasman alias A Ciongis. An order to arrest Jasman was issued by Minister of Finance Boediono on October 23 for alleged non-payment of tax on his company, amounting to Rp11 billion ($1.29 million).
However, local media reports say that he fled before being arrested and his family has now appointed someone to "negotiate" with the tax directorate.
At the end of October, Purnomo announced that state revenue from taxes had increased by 112 percent to Rp155.7 trillion ($132 billion) from the same period last year, on improved tax compliance. Taxes this year are expected to contribute around 75 percent of revenue. By the end of the year, 49.1 percent of the tax revenue target is expected to come from income tax, 31.8 percent from value-added and luxury taxes, and the rest from other taxes. The 2004 state budget draft predicts tax revenue increasing by 6.6 percent to Rp271.02 trillion to finance next year's budget of around Rp368.80 trillion.
But well-known Jakarta lawyer Todung Mulya Lubis points out that similar action should be taken against debtors who owe large sums to the state consequent on Bank Indonesia's emergency liquidity support (BLBI). Enormous amounts of money were dished out to troubled banks at the peak of the financial crisis in an operation once dubbed the biggest heist in Indonesia's history.
Others question, why the threat, if gijzeling has not been adopted as a shock tactic by the Indonesian Bank Restructuring Agency (IBRA) in dealing with scores of recalcitrant debtors.
The tax procedure law is to be reviewed, and KPEN has proposed that an "equal treatment policy" be included in the draft law, whereby corrupt tax officials could be jailed without trial, in the same way as tax evaders. The tax directorate has, hardly surprisingly, rejected the novel idea. As Wanandi puts it, "They still want to make the regulation, execute it and, at the same time, become the judge."
Agence France Press - November 19, 2003
Indonesia could become a world-class mining country but new investors are steering clear because of legal uncertainty and red tape, according to an annual survey of the industry.
"Investment spending on exploration and new mines has now been very low for several years," said the report by accounting firm PricewaterhouseCoopers.
"This investment activity will not return to previous levels until certainty over long term investment conditions is restored. The long lead time and success rate from exploration to development means that there will not be significant mine development in Indonesia for several years."
The government's revenue from the sector amounted to 919 million dollars last year and Indonesia could become a world-class mining country if six problems are tackled, said PwC mining partner Marc Upcroft in a statement.
He said these include improving the competitiveness of the taxation and royalty system; resolving conflicts between work contracts and the forestry law; and restoring long term certainty in the work contract system.
Authorities should also minimize the potential for "over- regulation" in the proposed draft mining law and draft law on management of natural resources, act against illegal mining and ensure fairness in divestment of foreign interests, he said.
Last year exploration companies from around the globe rated Indonesia as a poor place to develop mines despite its good prospects for minerals, the report said.
"These are not promising signs for the mining industry." Earlier this year Anglo-Australian giant Rio Tinto and British-American energy firm BP, joint owners of a huge coal mine on Borneo island, sold out their entire interest to a local firm.
The decision followed years of legal wrangling about the divestment of a 51 percent stake to local investors.
Lex Graefe, president of the Indonesian arm of Rio Tinto, said in July that Indonesia's shaky legal system could destroy much of its mining industry.
Last month Australia's Newcrest Mining said some 1,000 illegal miners who claim ownership of an Indonesian gold mine had forced its subsidiary temporarily to halt operations.
Agence France Presse - November 18, 2003
Jakarta -- Approved foreign investment in Indonesia rose sharply in the first ten months of this year to US$9.31 billion from $6.81 billion a year earlier, the National Investment Coordinating Board said in a report seen Tuesday.
However, the 37 percent rise was largely due to a change in investment status of many projects rather than new projects, the board said.
It said the government approved a change in status of 99 domestic investments into foreign direct investment (FDI) projects worth $3.77 billion during the period, compared to 98 projects worth $1.21 billion a year earlier.
New FDI approvals rose to $4.59 billion involving 726 projects, against $4.11 billion involving 898 projects a year earlier.
Approved domestic investments during the period dropped to Rp17.93 trillion ($2.1 billion) for 164 projects from Rp20.97 trillion for 172 projects in January-October last year.