Aceh

Three Aceh rebels killed, three others captured

Antara - December 19, 2003

Banda Aceh -- Three armed Aceh rebels were killed in gunfights with government troops in North Aceh and East Aceh districts on Wednesday, a military spokesman said Thursday.

The servicemen also confiscated an AK-56 rifle with 208 bullets following the encounter which occurred in Kuta Makmur subdistrict, North Aceh district, spokesman of the Indonesian military in North Aceh town of Lhokseumawe, Lt.Col. Ahmad Yani Basuki said.

In a series of sweeping operations in Pidie and East Aceh districts on the same day, government soldiers captured three armed Aceh separatists, he said.

Indonesia calls rights report on Aceh 'abuses' baseless

Agence France Presse - December 19, 2003

Jakarta -- Indonesia has described as baseless a Human Rights Watch (HRW) report alleging gross abuses by troops fighting separatist rebels in Aceh province.

HRW said in the report released Thursday that Acehnese refugees in Malaysia had spoken of abuses against civilians by security forces, including extrajudicial executions, forced disappearances, beatings and arbitrary arrests.

It said it conducted more than 85 interviews with Acehnese, most of whom had arrived since martial law came into force on May 19. A military operation was launched against Free Aceh Movement (GAM) rebels the same day.

"This claim is baseless," the foreign ministry said in a statement received Friday.

It said most of the Acehnese who had sought refuge in Malaysia had arrived before the offensive against the GAM was launched, adding: There has not been any report on a new wave of refugees from Aceh to Malaysia." The ministry said separatist rebels had "dispersed and disguised as civilians".

"When there is an armed confrontation and these armed people get killed, it does not fall into the terms of extrajudicial nor summary killings."

Since May 19, more than 1,100 guerrillas have been killed, according to the military. Some analysts question whether the toll also includes civilians, pointing out that relatively few weapons have been seized from those killed or captured.

Top security minister Susilo Bambang Yudhoyono said he doubted the validity of HRW's data. "I respect groups like Human Rights Watch but I appeal to them to do their job fairly. We would be grateful if they care to seek clarification from us," Yudhoyono told reporters.

He said the government would take tough action against any military or police personnel who commit abuses.

Enthusiastic, civil resistance against GAM

Kompas - December 19, 2003

Banda Aceh -- The involvement of civil society in efforts to fight the Free Aceh Movement (GAM) are becoming increasingly enthusiastic in a number of regencies in Aceh. On Wednesday December 17, around 15,000 civilians, men, women and children, gathered at the Calang City Field in the Aceh Jaya regency, 150 kilometers west of the capital Banda Aceh to declare the formation of the Anti-Free Aceh Separatist Movement Front (Front Anti-Gerakan Separatis Aceh Merdeka, FAGSAM) Aceh Jaya.

Since morning, people from six sub-districts in Aceh Jaya, Jaya, Sampoi Niet, Setia Bakti, Krueng Sabee, Panga and Teunom, had been arriving at the field in throngs, a number of them carrying sharpened bamboo sticks. Attending the event was the regent of Aceh Jaya Zulfian Ahmad, the commander of the Free Aceh Movement Resistance Front (Front Perlawanan Gerakan Separatis Aceh, FPGSA) Sofyan Ali and the directors of FAGSAM Aceh Jaya lead by Hasbi Yunus.

In his speech, Zulfian Ahmad declared the appreciation and support of the local government for the declaration of these resistance fronts. In support of the people's struggle against GAM in Aceh Jaya, Zulfian promised to give 10 million Rupiah (approx US $1000) to people or front members who succeeded in seizing a firearm from a GAM member. "This is a form of appreciation from the government. Because, how is it possible for us to build a society if the local conditions are not secure. We certainly need significant expenses to rehabilitate [the regency]", he said.

The FAGSAM declaration was preceded by the handing over of a FAGSAM flag and two sharpened bamboo sticks to the regent, which was followed by the reading of an oath which included a readiness to eliminate the forces and concept of GAM, a readiness to fortify society from the influence and threat of GAM and a readiness to eliminate ignorance, poverty and unemployment as well as to rebuild society. During the ceremony, 50 GAM flags were burnt.

FAGSAM Aceh Jaya chairperson, Hasbi Yunus, revealed that the total number of GAM members in the Aceh Jaya regency was estimated to be 150 people, 30 of which are armed. Nevertheless, around 90,000 members of FAGSAM will fight them although they are only armed with sharpened bamboo sticks and swords. "To destroy GAM, we will provide information on GAM positions to the security forces. The security forces are behind us", said Hasbi.

Meanwhile, via an SMS message, GAM spokesperson for the Pidie region Anwar Husein said that he was certain that the military was behind the formation of these civilian militia. "Doesn't this violate the law?", he said.

Condemnation

On Wednesday December 17, Human Rights Watch Asia (HRW) which has its headquarters in New York, condemned the human rights violations which have been occurring in Aceh. The non-government organisation urged the Indonesian government not to misuse the anti-terrorism law to oppress its own people in Aceh.

"The Indonesian government must immediately halt the human rights violations which are occurring in Aceh. The Anti-Terrorism Law must not be misused to oppress the people of Aceh. The military and police are obliged to protect Acehnese civilians, human rights workers and journalists. Not the other way around, perpetrating killings, torture and abductions as have been revealed by refugees originating from Aceh in Malaysia", said the deputy director of HRW Asia Saman Zia-Zarifi at a press conference at the offices of the Commission for Missing Persons and Victims of Violence in Jakarta on Wednesday.

The government should not wait for international pressure to halt the numerous human rights violations in Aceh. Saman Zia-Zarifi revealed that the foundation that he heads has published a 50 page report titled "Aceh Under Martial Law: Inside the Secret War" who's contents document human rights violations since the military emergency came into force on May 19, 2003.

Meanwhile, the Indonesian Women's Coalition (Koalisi Perempuan Indonesia, KPI) was of the view that the military emergency was not the correct resolution [to the Aceh problem] because it ignored the increase in violence which has resulted in civilians, including women and children, becoming the victims. This was expressed by KPI secretary general Nursjahbani Katjasungkana on Wednesday at an event titled "Reflecting on Five Years of the KPI". (LOK/WIN/NJ/COK)

[Translated by James Balowski.]

Rebels kill two Indonesian soldiers in Aceh

Antara - December 18, 2003

Banda Aceh -- Two Indonesian soldiers of the Army Strategic and Reserve Command (Kostrad) were killed by rebels in Nanggroe Aceh Darussalam province on Tuesday, it was reported here on Wednesday.

Spokesman for the Indonesian military's Operations Command in Aceh Lt Col Ahmad Yani Basuki told Antara that the two dead soldiers were Lower-ranking Sergeant Kasturi and Lower-ranking Sergeant Sukadi.

"They were shot by about 15 members of the Aceh Separatist Movement [GSA] during their trip home from Babah Buloh village in South Aceh district," Basuki said, adding that the Indonesian soldiers died on the spot.

Refugees reveal widespread abuses in Aceh

Human Rights Watch - December 17, 2003

The Indonesian military in Aceh is pursuing a campaign of killings, "disappearances" and beatings of civilians, Human Rights Watch said in a report released today. Acehnese refugees interviewed in Malaysia revealed widespread abuses in the Indonesian province, which has been effectively closed to observers since martial law was imposed in May.

The Indonesian government must take immediate measures to stop these serious human rights violations in Aceh. The province should immediately be opened to independent international and national observers, journalists, and humanitarian agencies, both as a deterrent to further abuses and to provide much needed humanitarian assistance to civilians affected by the war.

The 50-page report, "Aceh Under Martial Law: Inside the Secret War," documents violations of human rights and humanitarian law since the Indonesian government imposed martial law in Aceh on May 19 and renewed military operations against the armed, separatist Free Aceh Movement (Gerakan Aceh Merdeka, or GAM). Based on testimony from Acehnese refugees in Malaysia, the report documents the role of the Indonesian security forces in extrajudicial executions, forced disappearances, beatings, arbitrary arrests and detentions, and drastic limits on freedom of movement in Aceh.

"Every Acehnese we interviewed had a story of abuse to tell," said Brad Adams, executive director of Human Rights Watch's Asia division. "We fear that the abuses we have uncovered against the civilian population may be just the tip of the iceberg."

Witnesses told Human Rights Watch about village sweeps in which civilians were killed, some while being questioned or detained, others while fleeing in fear of mistreatment. Victims and witnesses recounted in shocking detail how Indonesian forces appear to be targeting young men in Aceh.

"I saw one of the soldiers handcuff the ankles of this man, and then another soldier held him by his feet and swung him against a tree," one young Acehnese man recounted. "The soldier did this many times so that the man's head was hitting the tree. His brains were coming out of his head, until he was dead."

Human Rights Watch is concerned that many Indonesian military personnel seem to presume that all young men in Aceh are GAM fighters, and are targeting civilians indiscriminately.

"In case after case, soldiers have gone into Acehnese villages and publicly executed or beat people seemingly at random," said Adams. "If the aim is to instill fear in the populace, sadly it's working."

Human Rights Watch called on the Indonesian military to put an end to ongoing abuses and give the highest priority to ensuring that perpetrators of human rights violations among the armed forces are identified and brought to justice. Although token efforts have been made since the start of martial law in Aceh to hold soldiers accountable for human rights violations, the Indonesian government continues to have a dismal record in addressing abuses during past military campaigns in Aceh, East Timor and elsewhere in the archipelago.

"It is time for the Indonesian military to take its responsibilities seriously to follow international law in its conduct of war," said Adams. "Establishing accountability for human rights abuses in Aceh and ensuring that the perpetrators are brought to justice are essential if the decades-long conflict is to be resolved. It is also necessary if Indonesia is to regain credibility with the international community."

Although unable in its interviews with refugees in Malaysia to document abuses by GAM, Human Rights Watch remained concerned at possible abuses being committed by the armed separatist group. Human Rights Watch urged GAM to act in accordance with international humanitarian law, and called on the armed group to not take actions that place civilians at special risk, such as kidnappings, or confiscations of identity cards for use by GAM combatants.

Human Rights Watch welcomed the Indonesian government's decision this month to allow access to Aceh by the International Committee of the Red Cross and United Nations humanitarian agencies. Human Rights Watch called on the government to go further by opening Aceh to independent monitoring, including by international organizations, and allowing Indonesia's National Commission on Human Rights (Komnas HAM) and local human rights organizations to carry out fact-finding investigations.

Human Rights Watch urged the international community, in particular the "Quartet" (the United States, European Union, Japan and the World Bank), to more forcefully to register concern about a war that has taken place behind a veil of secrecy.

"It is time for the international community, led by the Quartet, to insist upon unfettered access for diplomats, journalists, human rights monitors and humanitarian aid agencies," said Adams. "Aceh needs to be top priority in the international community's dealings with the Indonesian government and should be raised at every meeting."

Human Rights Watch called on countries providing military assistance or training to Indonesia to consider a moratorium on all arms transfers to Indonesia. Military assistance should also be conditioned on clear progress in bringing to justice military and police responsible for current and past human rights violations.

The current Indonesian military offensive in Aceh began on May 19 after a six-month ceasefire failed to resolve the longstanding conflict in the province. The Aceh offensive is Indonesia's largest military campaign since the country's invasion of East Timor in 1975. The operation involves an estimated 30,000 troops, who are opposed by an estimated 5,000 armed members of GAM.

Rights watchdog warns Indonesia it may lose credibility

Jakarta Post - December 18, 2003

Urip Hudiono and Nani Farida, Jakarta/Banda Aceh -- Indonesia risks losing its international credibility if it fails to stop abuses by the military against civilians in Aceh and ensure that perpetrators of the human rights violations are brought to justice, an international rights group warns.

In its 50-page report based on interviews with 100 Acehnese people who sought refuge in Malaysia, Human Rights Watch said violations of human rights had been rampant ever since martial law began on May 19.

"The Indonesian Military should seriously follow international humanitarian laws in its conduct of war if Indonesia wants to retain its credibility with the international community," Brad Adams, executive director of Human Rights Watch's Asia division, said in a statement released on Wednesday. Martial law was extended in November for another six months.

"Every Acehnese we interviewed had a story of abuse to tell, and we fear that those abuses may just be the tip of an iceberg," said Adams of the report titled, Aceh Under Martial Law: Inside The Secret War. The abuses include extrajudicial executions, forced disappearances, beatings, arbitrary arrests and detentions and drastic limits on freedom of movement in Aceh.

While welcoming the Indonesian government's decision this month to allow access to Aceh by the International Committee of the Red Cross (ICRC) and United Nations humanitarian agencies, the watchdog called on the government to go further by opening Aceh to independent monitoring, including that by international organizations, and allowing Indonesia's National Commission on Human Rights (Komnas HAM) and local human rights organizations to carry out fact-finding investigations.

Human Rights Watch urged the international community as well, in particular the United States, the European Union, Japan and the World Bank, to register more forcefully concern about the secret war in Aceh. The watchdog also called on countries providing military assistance or training to Indonesia to consider a moratorium on all arms transfers to Indonesia.

Meanwhile, thousands of Aceh people joined on Wednesday an antiseparatist front that will take up arms to help the military fight Free Aceh Movement (GAM) rebels. Claiming to have registered 15,000 members, the Anti-Aceh Separatist Movement Front (FAGSAM) chapter in Aceh Jaya, some 150 kilometers west of Aceh's capital Banda Aceh, pledged to protect people from the rebels.

"To crush the rebels, we shall tell the security authorities about separatist hideouts. The military will stand behind us," chairman of the group, Hasbi Yunus, said. He said front members would arm themselves with sharpened bamboo poles and swords during their mission. The same front has been formed in other regencies across the province.

Wearing red and white headbands, the people attending the declaration set fire to 50 GAM flags they had confiscated across Aceh Jaya regency.

Hasbi said that to mark their debut, front members would ask some 400 families to persuade their members who were fighting for GAM to surrender. He said if the rebels refused to give up, front members would force their families to abandon their homes in mountains around the regency.

Abuse widespread in Aceh - rights group

Reuters - December 17, 2003

Dan Eaton, Jakarta -- Indonesia's military is waging an extensive campaign of extra-judicial killings, kidnapping and torture in Aceh province, mostly targeting young men and forcing thousands to flee their homes, a human rights group said.

Authorities are trying to cover up the situation in the war-torn northern province by restricting access by journalists, rights workers and aid groups, New York-based Human Rights Watch said in a report released on Wednesday.

"We fear that the abuses we have uncovered against the civilian population may be just the tip of the iceberg," said Brad Adams, executive director of the group's Asia division in a statement accompanying the report.

The report entitled "Aceh Under Martial Law: Inside the Secret War" prompted an angry response from the government, which put the province under martial law in May this year and launched its biggest military operation in years to crush the rebels.

"It is typical in being so ill-informed and one-sided in its nature and is obviously to us grossly misleading in its depiction of the situation in Aceh," Foreign Ministry spokesman Marty Natalegawa told Reuters.

"It uses the term 'secret war' as the title. There is no war in Aceh, there is nothing secret in Aceh, what is going on in Aceh is a matter of public knowledge, publicly declared martial law in Aceh," he said.

The 50-page report, based on testimony from Acehnese refugees in Malaysia, says it "documents the role of the Indonesian security forces in extrajudicial executions, forced disappearances, beatings, arbitrary arrests and detentions".

"Human Rights Watch is concerned that many Indonesian military personnel seem to presume that all young men in Aceh are GAM fighters, and are targeting civilians indiscriminately," the rights group said, referring to the separatist rebels.

"Human Rights Watch is concerned about deteriorating material and economic conditions that could presage, or even reflect, a humanitarian crisis," the rights group said.

Indonesia extended martial law in Aceh, a province of four million people on the northern tip of Sumatra island, after an initial six-month period expired in November in a bid to wipe out the Free Aceh Movement (GAM) rebels.

Decades of strife

Indonesia warned against foreign meddling on November 7 after the United States, Europe and Japan expressed concern over the extension of martial law.

While agreeing with the government that Aceh is an integral part of Indonesia, the three powers have tried to encourage a political solution since last year, promising aid as an incentive. They sponsored talks between the government and GAM in Tokyo, which collapsed in May.

The Aceh offensive pits about 45,000 military and police against an estimated 5,000 rebels. GAM has been fighting for 27 years, surviving numerous offensives. Before the latest offensive, about 10,000 people, most of them civilians, had been killed.

The military says it has killed or captured nearly 2,000 rebels in the new offensive but casualty figures are difficult to verify because of restricted access to the province.

The government spokesman said authorities were working to ease restrictions. "Of course we are all very much mindful of the concerns expressed about access there. It is something we are now trying to rectify, trying to improve," Natalegawa said.

"But in the report there is a total lack of acknowledgement about the atrocities committed by GAM." Human Rights Watch said it was concerned about abuses committed by GAM, but was unable to report on them because it had no access to Aceh.

"Every Acehnese we interviewed had a story of abuse to tell," said Adams. The report includes material from about 85 interviews conducted in Malaysia.

Insecurity threatens elections in Aceh, Todung says

Jakarta Post - December 17, 2003

Nani Farida and Teuku Agam Muzakkir, Banda Aceh/Lhokseumawe -- In a bid to ensure that the Acehnese can exercise their right to vote in the upcoming elections, rights campaigner Todung Mulya Lubis has called for a delay in the elections pending the lifting of martial law there.

Todung argued that the ongoing military offensive would not be conducive for the Acehnese to express their political aspirations, a situation that "will only trigger questions on whether or not the elections in Aceh are legitimate." "I don't think the Acehnese people will be given freedom of expression if the government insists on maintaining martial law here.

"And once the public questions the legitimacy of the elections here, I'm afraid that such situation will only benefit the secessionist movement," Todung told The Jakarta Post.

Todung, along with several members of non-governmental organizations concerned with fair elections in the country, joined Coordinating Minister for Political and Security Affairs Susilo Bambang Yudhoyono on his visit to Aceh on Tuesday to get first hand information about the situation in the province ahead of the 2004 general elections.

During the visit, they held closed-door meetings with several local officials, including Aceh Martial Law Administrator Maj. Gen. Endang Suwarya. The government imposed martial law across the territory on May 19 to allow its troops to launch offensive operations to quash the separatist Free Aceh Movement (GAM).

President Megawati Soekarnoputri decided in November to extend martial law for another six months, arguing that GAM was still strong and could pose security threats before, during and after the elections.

KPU has scheduled the legislative election for April 5, 2004, and has planned to organize two-phase presidential elections in July and September. A total of 24 political parties have been declared eligible for the elections.

The Indonesian Military (TNI) had earlier predicted that the movement had about 5,000 fighters scattering in five regencies -- North, East and West Aceh, Bireuen and Pidie -- categorized as rebel strongholds.

With violence taking place every day in Aceh, TNI has claimed that nearly 1,000 GAM rebels have been killed, while about 2,000 others have been arrested or had surrendered to the Unitary Republic of Indonesia.

Rights activists and political observers have criticized the government's decision to extend the military offensive in Aceh, fearing that a massive deployment of government soldiers would affect the democratic climate across the territory.

A study carried out by the Center for Electoral Reform (Cetro) in Aceh showed that more than 50 percent of respondents said that martial law would not allow freedom of expression for the Acehnese people. The study involving 48 respondents from 16 regions in the province.

Susilo concurred, saying that next year's elections in Aceh might face problems. "Expecting that elections in Aceh will be the same as those held in other territories is impossible. The government is currently trying to seek a solution to the problems," Susilo said.

"We [the government] wish that the elections here could be held in a peaceful atmosphere and that the Acehnese feel free to vote. If necessary, the government will allow foreign monitoring teams to visit Aceh in the upcoming elections," Susilo said.

Aceh still needs 20,000 more teachers

Antara - December 15, 2003

Banda Aceh -- The troubled province of Nanggroe Aceh Darussalam still needs 20,000 more teachers for elementary schools, junior high schools and senior high schools in 20 districts and municipalities.

"Aceh still needs 20,000 more teachers to teach at different schools," spokesman for the Nanggroe Aceh Darussalam Provincial Education Office Bustamam Aly said on Sunday.

The need for more teachers had become urgent since hundreds of teachers left the province four years ago, he said.

Three civilians, three rebels killed in Aceh: military

Agence France Presse - December 16, 2003

Banda Aceh -- Three rebels and three civilians have been killed in Aceh province over the past two days as an offensive against separatist guerrillas continues, the military said on Tuesday.

The news filtered through as legislators in Jakarta urged the government to give soldiers and police serving in the province a hefty increase in allowances.

Two rebels were shot dead during an army raid on a suspected hideout at Idie Rayeuk in East Aceh on Monday. Another was shot dead in a clash with a military patrol at Mutiara Timor in Pidie district the same day, provincial military spokesman Ahmad Yani Basuki said.

Basuki accused Free Aceh Movement (GAM) members of shooting dead two civilians and a local government official in separate locations in Bireuen and Pidie districts on Sunday and Monday.

He added that a rebel had been captured by troops at Jeumpa in Bireuen district on Sunday, while four others were arrested in a raid at Dewantara in North Aceh on Monday. Three rebels surrendered in Pidie and Aceh Besar districts on Monday, he said.

A parliamentary team monitoring the state of emergency in Aceh demanded a rise in the special daily allowance for troops and police in the province from Rp 21,000 (US$2.5) to Rp 35,000. The team also asked the government to provide metal detectors, flak jackets and more helicopters for the forces, the state Antara news agency reported.

The military on May 19 declared martial law and launched an all- out offensive to crush GAM, which has been fighting for independence since 1976.

Military may ban foreign teams from monitoring polls in Aceh

Jakarta Post - December 16, 2003

Tiarma Siboro and Nani Farida, Jakarta/Banda Aceh -- Amid mounting criticism over restrictions on the press and independent groups in the war-torn province of Nanggroe Aceh Darussalam, the Indonesian Military (TNI) said on Monday that the presence of foreign teams monitoring next year's elections in the province was not necessarily needed.

Aceh Martial Law Administrator Maj. Gen. Endang Suwarya argued that in accordance with the country's legal system, the government had established bodies to deal with elections, including the General Elections Commission (KPU) and the Elections Supervisory Committee (Panwaslu), therefore "we should believe in those bodies instead of relying on foreigners." "Indonesia is a great country, so why don't we trust our people to deal with our internal problems? We do not need foreign monitoring teams in Aceh before, during and after the 2004 elections," Endang said, as quoted by Antara.

"I don't understand why the presence of foreigners to monitor the elections in Aceh is considered to be an important issue," Endang said. "What is good for foreigners is not necessarily good for us," he said.

The two-star general was answering a question on whether the TNI would allow monitoring teams from neighboring countries to visit the province ahead of elections to ensure that Acehnese would be able to exercise their political rights properly.

KPU has scheduled the legislative election for April 5, 2004, and has planned to organize a two-phase presidential election in July and September respectively. A total of 24 political parties have been declared eligible for the elections.

President Megawati Soekarnoputri decided in November to extend martial law in Aceh for another six months, arguing that the government was responsible for maintaining security and order in the province before, during and after the elections.

Since the government imposed martial law in Aceh in mid-May to crush the separatist Free Aceh Movement (GAM), more than 40,000 TNI troops and policemen have been deployed to the oil and gas- rich province on the northern tip of Sumatra.

Rights activists and political observers have criticized the decision for fear that a massive deployment of government soldiers would affect the democratic climate across the territory.

Indeed, Aceh will be the first and only province in the country's history to face a military offensive during the democratic events in 2004.

New York-based Human Rights Watch has criticized the imposition of martial law in Aceh, saying that under martial law, the government and military had effectively barred nearly all independent and impartial observers (including diplomats), as well as international humanitarian aid workers, from the province.

Meanwhile, the TNI announced on Monday that one soldier and four suspected rebels were killed in several armed encounters between government troops and GAM rebels across the province on Sunday.

TNI Aceh operations spokesman Lt. Col. Ahmad Yani Basuki said that the four suspected rebels died in a gunfight on Sunday in southern Aceh. Also on Sunday, guerrillas ambushed a group of government troops in eastern Aceh and one soldier died in the gunbattle. Four other GAM rebels were also arrested over the weekend in eastern Aceh, he said.

Meanwhile, a civilian who worked as a driver for journalists was found dead on Saturday after going missing for several days. His death remained a mystery, but a reporter in Banda Aceh who saw his body believed that he had been shot in the head.

The rebels launched their independence bid in 1976 after Jakarta refused to give increased autonomy to the province. About 10,000 people have died in the conflict and repeated efforts to forge a peace deal have collapsed.

West Papua

Why did the FBI return a third time to Timika?

Tempo Magazine - Desember 16-22, 2003

Darmawan Sepriyossa, Cunding Levi, TNR -- A team of eight men had apparently come and gone with the wind. They arrived in Papua "stealthily". On Sunday a fortnight ago, boarding a chartered Airfast flight, they landed at the Moses Kilangin Airport, Timika, Papua. No official reception awaited them. In fact, even the local administration had no previous knowledge of their arrival.

Instead of checking in first at the Sheraton Hotel Timika, seven Federal Bureau of Investigation (FBI) agents, accompanied by an Indonesian Police officer from the National Police Headquarters, headed straight for Tembagapura. Except for Dave Jensen and Henry Rector, the other five FBI agents had visited Tembagapura before. This time, Ronald Euwan led the team, accompanied by the Indonesian Police officer, Budi Santoso.

They had come to Papua to resume investigations into the shooting incident in Timika on August 13, 2002, that claimed the lives of two Americans and one Indonesian national. The FBI had previously dispatched two teams but their findings apparently were inconclusive. However, the FBI findings seem to have, in fact, endorsed to a greater degree the conclusion by local fact-finding teams which had conducted investigations prior to those conducted by the FBI.

The Indonesian Military (TNI), the National Police HQ and a combined team in their investigations had concluded that TNI was not involved in the shooting incident. The third FBI team to arrive in the area is deemed to verify and confirm the findings of the Indonesian parties and those of the two previous FBI teams.

The findings that the TNI was not involved in the incident apparently served as an input for President Bush to reconsider military cooperation with Indonesia. This collaboration includes military and intelligence cooperation as well as military training. President Bush conveyed his consideration on the matter in his meeting with President Megawati Sukarnoputri in Bali last October.

It is not clear if this latest visit to Timika by the FBI team had anything to do with the latest stance adopted by President Bush. But what is clear is that the House of Representatives (DPR) has issued a strong statement over the visit. "The FBI team is here on the insistence of the US Senate," said Yasril Ananta Baharudin of the DPR's commission on defense and foreign affairs.

He stated the US Senate had supported two amendments of a law to prevent the flow of US military assistance to Indonesia. According to the architects of the amendments, Senator Russ Feingold and Senator Wayne Allard, the International Military Education and Training (IMET) program for Indonesia had to be stopped until the case of the shooting incident in Timika is completely exposed and the perpetrators brought to court.

Yasril said the DPR had adopted a strong stance on the issue. "We have been against the FBI visit from the very start," said Yasril. Yasril views that the presence of the latest FBI team is tantamount to intervention in Indonesia's domestic issues. He considers the visit by the previous two FBI teams as being in the context of Indonesia's open policy. He expressed regrets over the visit of the third team by describing it as inappropriate. "They are doing what they like. Is Papua one of their states?" he questioned in a high-pitched voice.

Yasril thought it was inappropriate for the government to allow the team to come while the US had ignored Indonesia's request to meet with the suspected terrorist, Hambali, an Indonesian national, now under US custody. "They have disregarded the principal of mutuality," he said. Yasril felt the FBI had a hidden agenda. "It seems they want to force the conclusion that the TNI was involved in the shooting," he said.

The US embassy in Jakarta had not responded to the comments. "One thing for sure is that the team is now already in Indonesia," said the US embassy's press attachi, Stanley Harsha.

As to the findings of this latest FBI team, a TNI senior officer doubted if it would differ much from previous FBI findings. "After all, the same personnel dominate the team," said the officer on condition of anonymity.

Officially the TNI welcomes the visit by the FBI team. "As long as their investigations are objective, we will accept and consider the findings," said head of TNI Information Colonel Nachrowi. He said, however, that the findings would probably not be published.

"They are committed to this," he said. Regardless of the results of the latest FBI findings, the TNI need not be concerned as long as it is convinced that it was not involved in the Timika shooting incident.

Papuans demand cancellation of disputed law

Jakarta Post - December 18, 2003

Nethy Dharma Somba, Jayapura -- Papuan people concluded a two-day meeting here on Tuesday, recommending that the central government speed up the establishment of the Papuan People's Assembly (MRP) as mandated by the special autonomy law, and revoke controversial Law No. 45/1999 on the partition of the territory into three smaller provinces.

Nearly 1,000 Papuans, including five influential groups -- the Papuan women's discussion group, tribal leaders' group, local figures' group, Papuan intellectuals' group and Papuan youth group -- attended the meeting.

According to religious figure Rev. Socrates Sofyan Yoman, special autonomy was supposedly an answer to be given by the central government toward mounting demands from Papuan people for independence. "Therefore, the government must implement its policy consistently.

"Special autonomy status, as stipulated by Law No. 22/2001, should be a political compromise between the government and Papuan people. We agree to accept the policy even though we have to pay a huge price for it, that is to drop our dreams of being independent.

"I guess it is the time for the government to seriously implement the policy across our territory, expecting that it can restore our lost dignity," Socrates said.

Another participant at the meeting, Paula Makabori, said that the government had to establish the MRP immediately, arguing, "special autonomy without MRP is meaningless." According to the special autonomy law, the presence of the MRP is aimed at making the province special as compared with other provinces in the country, because the proposed body has a vital political function in determining development policies and the future of the country's easternmost province.

The proposed body should consist of representatives from local religious leaders, tribal leaders and women.

As of today, however, the MRP has not yet been established and the central government is even reviewing the political role of the proposed assembly.

"The government also has to revoke the controversial law on the partition of Papua because it is against the special autonomy law," said Abina Wasanggi from the Papuan women's discussion group.

President Megawati Soekarnoputri has been criticized for making a blunder as she issued in mid-August Decree No. 1/2003 on the acceleration of the creation of West and Central Irian Jaya provinces. Irian Jaya is the former name of Papua.

The decree was to implement Law No. 45/1999 on the formation of West and Central Irian Jaya and North Maluku provinces and of Paniai, Mimika, Puncak Jaya and Sorong regencies.

The implementation of the law was delayed by former president B.J. Habibie due to strong opposition from Papuans, and his successor, Abdurrahman "Gus Dur" Wahid, maintained the postponement, later introducing special autonomy for Papua.

Megawati's policy has encountered strong rejection from local people across Papua and triggered week-long clashes between groups supporting and opposing the partition, resulting in the death of at least five people and injury to a dozen others.

"If the government ignores our recommendations, we shall then ask for a dialog involving national and international elements to seek solutions over problems here, including freedom demands from most of the Papuan people," warned Abina.

Papua council speaker John Ibo said that he would convey the recommendations to the government, hoping the latter would appreciate the growing aspirations in Papua.

The government has recently argued that one of its reasons for dividing Papua into three provinces is to contain the separatist movement. Other reasons are to improve the welfare of the local people and create more opportunities for Papuans to secure positions in local administrations.

The military has been behind the government's attempt to weaken the secessionist movement in the territory. One of the separatist groups, the Free Papuan Movement (OPM), has even launched a low- level, armed struggle since it announced self-declared independence in 1963.

1,000 Papuans convene to discuss partition policy

Jakarta Post - December 16, 2003

Nethy Dharma Somba, Jayapura -- Nearly 1,000 Papuans from all walks of life began a two-day meeting sponsored by the local legislative council on Monday to seek a solution to the central government's controversial decision to split Papua into three provinces.

The policy has encountered strong rejection from local people across Papua and triggered week-long clashes between groups supporting and opposing partition, killing at least five people and injuring a dozen others.

Papua Governor J.P. Salossa opened the meeting, calling on all Papuans to articulate their thoughts on the division policy. "I believe that we, Papuan people, have to share all things regarding this land by promoting dialog. If I, as the governor, am confused on how to govern this territory following the controversial policy, then how about my people?" he asked.

"On the one hand, the central government will consider that I'm standing against it if I refuse to implement the policy, but on the other hand, people may think that I am violating the mandate to enforce the autonomy law in this land," Salossa said as quoted by Antara.

President Megawati Soekarnoputri has been criticized for making a blunder as she issued in mid-August Decree No. 1/2003 to accelerate the creation of West and Central Irian Jaya provinces. Irian Jaya is the former name of Papua.

The decree was to implement Law No. 45/1999 on the formation of West and Central Irian Jaya and North Maluku provinces and of Paniai, Mimika, Puncak Jaya and Sorong regencies.

Implementation of the law was delayed by former president B.J. Habibie due to strong opposition from Papuans, and his successor Abdurrahman "Gus Dur" Wahid maintained the postponement.

Gus Dur later introduced Law No. 21/2001 on special autonomy for Papua, which recommends the establishment of the Papua People's Assembly (MRP), which would have the authority to approve or reject any important decisions on the province.

As of today however, the MRP has not yet been established and the central government was even reviewing the political role of the assembly.

"I don't mind if the government insists on splitting Papua into three provinces, but its implementation should ensure the enforcement of the autonomy law as well," Salossa said.

Like the governor, Papua legislative council speaker John Ibo was among those opposed to the partition. Ibo urged the government to cope with the arguments for and against the policy correctly by brushing aside their own interests; otherwise, it could spark new problems in Papua.

"We hope that after hearing arguments from all the Papuan people, we can construct a strategic policy to develop this land and promote harmony among communities," he said on the sidelines of the meeting.

Papua council had allocated Rp 1 billion (US$113,363) from the 2003 budget to finance the meeting.

Present included noted constitutional law expert Sri Soemantri who also criticized the policy and argued that it failed to promote basic principles in the country's legal system.

"The government could not just arbitrarily implement Law No. 45/1999 without taking into consideration Law No. 21/2001 on special autonomy for Papua. From the legal point of view, the law on special autonomy for Papua has stronger grounds than the previous legislation," Soemantri said.

To prevent more problems, he proposed the government set up a team, consisting of officials from the central government and the provincial administration and local community figures, to settle the issue.

"It is the right time for the country to implement the autonomy law because it accommodates the aspirations and basic rights of the Papuan people, who have long been dealt with unfairly," Soemantri said.

The mountainous, 411,000-square-kilometer territory has a population of about 2.2 million, and is rich in natural resources. Papua has experienced sporadic armed insurgences that have sought independence since Indonesia took control of the territory in 1963 from Dutch colonialists.

Labour issues

New law, new hope?

Jakarta Post Editorial - December 19, 2003

Given this country's poor record in industrial relations in the past, it is not surprising that the new Law on the Settlement of Industrial Disputes, which the House of Representatives endorsed this week, is viewed with suspicion by activists in certain segments of the labor movement.

Nevertheless, the new law, which is more widely known by its Indonesian acronym, the PPHI, and which now only needs the President's signature to come into effect, represents a considerable step forward. Employers and labor unions have both given their support to the new legislation, which they hope will help to enhance the investment climate in this country by guaranteeing greater legal certainty for both workers and employers.

In contrast to many earlier pieces of legislation concerning worker-employer relations, the new law was written in consultation with, and with the full participation of, labor unions, employer organizations, the government and the national legislature. Although the newly endorsed law provides for the setting up of a special court to adjudicate on labor disputes, the government, through its Central Committee for the Settlement of Labor Disputes (P4P), will still be required to help labor unions reach out-of-court settlements with their employers if they should prefer to work out fair and quick settlements.

Ironically, it is precisely this role accorded by the PPHI legislation to the government that a number of labor unions oppose -- mindful, perhaps of the experience of the past when the government invariably sided with employers in labor disputes. However, as the secretary-general of the All-Indonesia Workers Union (KSPSI), Syukur Sarto, remarked, the KSPSI supported the government's role "because of the corrupt judicial system in this country." It would, after all, be cheaper for the employers, who have the money, to buy off a panel of only three judges to get a ruling in their favor than it would be a 15-member committee appointed by the government to settle the dispute.

At the other end of the scale, most employers too welcomed the new legislation. In the view of the Indonesian Employers Association (Apindo)'s secretary-general, Djimanto, for example, the new law should give investors the legal certainty they needed to work in this country. The new law, according to the Apindo official, "stipulates quick and fair legal proceedings" in seeking settlements to industrial disputes between workers and employers. "Employers will no longer have to wait five years as they did in the past in dealing with disputes with their workers." The only thing that remains now is for President Megawati Soekarnoputri to put her signature on the document. In any case, the law says that even if she should fail to do so within 30 days after the House gives the document its endorsement, the law will automatically come into effect.

On paper, then, the new Law on the Settlement of Industrial Disputes appears to have given this country at least the hope that it can finally leave the turmoil of its industrial relations history behind it. Of course, a lot more is needed than words to rebuild an economy that has for years been battered by what is beyond doubt one of the worst crises this country has experienced since independence.

Now that an accord has been reached between some of the most pertinent elements in the sphere of industrial relations, what remains to be done is to build up the commitment that is needed to make the new law work in practice. Judging by what we have seen in the past, though, this will be much easier said than done. However, if the nation is sincere in its efforts to lift itself out of the slump it is currently wallowing in, there is no time to be lost.

Protests erupt in Bandung and Medan for wage rises

Jakarta Post - December 18, 2003

Yuli Tri Suwarni and Apriadi Gunawan, Bandung/Medan -- Labor protests erupted separately in Bandung and Medan on Wednesday after their respective 2004 minimum wage pay increases were apparently much less than they had hoped.

In Bandung, around 500 workers from dozens of factories staged a rally at the West Java legislative council to protest their new minimum wage of only Rp 565,000 (US$66) per month up from Rp 538,000 in 2003, or a 5 percent raise. The payment would not meet the workers' minimum living cost in Bandung, they argued.

The demonstrators urged West Java Governor Danny Setiawan to up the wage to Rp 643,057 (US$75.6), to meet minimum living costs as earlier calculated by the Bandung payment council.

The protesters were grouped in five trade unions -- the Federation of Indonesian Free Workers' Unions (Gaspermindo), the National Labor Union (SPN), the Garment and Textile Trade Union (Garteks) and the Federation of All-Indonesian Labor Organizations (GOBSI).

Under the laws, governors are authorized to set their provincial minimum wage based on input from mayors or regents.

On December 2, Bandung Mayor Dada Rosada set the city's minimum wage at Rp 565,000 after considering the proposal from the local payment council after it had taken into account objections from businesspeople.

In responding to those objections, the city's payment council apparently recalculated the local minimum living cost and came up with Rp 565,000, he added.

Bandung payment council head Zisman Samosir said the city's wage was decided based on an agreement of all members of its commissions comprising academics, government officials, employers and labor union leaders.

"We voted on it and made a decision. In fact, all of the members agreed that Rp 565,000 should be the 2004 wage," he added.

The irony of such protests, however is that it is the high cost of doing business here that companies cite as their reason for relocating abroad, and in turn putting more local people out of work.

At least 67 textile companies have had to shut down their operations and lay off thousands of workers due to the annual wage increases and a big drop in production orders from international companies, local businesspeople said.

The closures rendered some 10,000 workers jobless in Bandung this year alone, they added.

A similar rally took place in Medan, where hundreds of workers from the North Sumatra Labor Advocacy Network (JABSU) rejected the 2004 provincial wage of Rp 537,000, a 6 percent rise from 2003.

They offered a warning to the local government to soon change the decision to prevent possible unrest.

The new wage would still not meet minimum living costs, which they argued was some Rp 900,000.

"This government policy ... is a violation of Article 27 (2) of the 1945 Constitution stipulating that every citizen has the right to work and a proper life," protest leader Zainal Abidin said.

Workers protest at council building

Jakarta Post - December 18, 2003

Tangerang -- Hundreds of workers of shoe producer PT Dongha Perkasa staged a rally at the Tangerang Municipal Council building on Wednesday starting at around 10:30 a.m., demanding their right to better welfare.

Indra Plasa of the Manpower Legal Aid Institute, who accompanied the workers, said that the workers demanded that the company management enroll them in the state-run insurance company PT Jamsostek's social security insurance scheme.

He also said they demanded that the management make clear rules because many workers, who had been working for 10 years, still had to sign yearly contracts.

"The company does not even give overtime pay. It's not fair," groaned Achmad Yani, one of the 1,500 workers of the company that produces Umbro shoes.

"If the management fails to meet our demands, we will stay here and continue our rally," he threatened, adding that all the workers were prepared to risk losing their jobs.

He said he doubted the company was facing financial difficulties because it still received orders and its exports ran smoothly. "Last month, the company paid our salary in installments," he said.

House endorses bill on industrial disputes

Jakarta Post - December 17, 2003

Ridwan Max Sijabat, Jakarta -- Employers can no longer arbitrarily dismiss their workers as a new bill on industrial dispute settlement that the House of Representatives endorsed on Tuesday allows a dismissed worker to directly bring his or her case to court.

It will rectify Law No. 13/2003 on labor protection that was passed into law in March, which allows employers to dismiss their workers provided that it is permitted by the manpower ministry.

"Employers are allowed to dismiss their workers only if all requirements set by the law are met. The new legislation on settlement of industrial relations disputes aims to give the chance for workers and employers to seek a quick and fair settlements to their disputes," Minister of Manpower and Transmigration Jacob Nuwa Wea said after the House's plenary meeting to endorse the new bill. The minister however said the new legislation would allow employers to seek court orders preventing labor unions employing forms of industrial action that are not permitted under the labor law.

"In the future, it will no longer effective for workers to stage massive rallies to demand their [normative] rights because the new legislation regulates a new system to seek fair and quick settlements of industrial disputes," he said.

The new legislation which will replace obsolete Law No. 22/1957 and Law No. 14/1964, stipulates that conflicting parties, whether workers, employers or labor unions, are free to settle their disputes through mediation, conciliation, arbitration, or directly at the labor court, if they fail to reach an agreement at a bipartite level.

Under the current system, conflicting sides go to government- appointed mediators and, if they fail to reach a settlement, go to the local committee for settlement of industrial disputes (P4D) and finally the central committee (P4P). The manpower minister is also allowed to veto committee' decisions which many consider unfair.

To enforce the law, the government is to issue a regulation on the appointment of professional mediators, conciliators and arbitrators in handling industrial disputes. In addition to the district court found in regencies and municipalities there will be a special (labor) court to try labor cases.

The newly endorsed bill will be communicated to the public for one year before its full enforcement next year.

It also stipulates that the labor court, especially in regencies and municipalities where industrial estates are located, should have a panel of at least three judges consisting of one career judge and two ad hoc judges representing employers and workers.

"The new legislation offers quick settlement of labor disputes and frees workers from paying administrative fees to courts in bringing cases involving compensation amounting up to Rp 150 million," Nuwa Wea said.

He added that while the government is preparing the establishment of the new system and promoting the new legislation, both the regional and central committees for settlement of labor disputes that will be dissolved, will no longer accept any registration of new industrial disputes.

Minivan drivers stage rally at council offices

Jakarta Post - December 16, 2003

Multa Fidrus, Tangerang -- Some 1,000 public minivan drivers in Tangerang municipality drove around the city in convoy before staging a protest on Monday in front of the municipal administration and Tangerang Council building over the relocation of a bus terminal from Cimone to Poris Plawad.

The protest left thousands of passengers stranded on the streets. They had to walk to reach their destinations or take ojek (motorcycle taxis).

The drivers started their protest at around 11:30 a.m. after driving around in convoy, but were banned from entering the administrative compound by security guards. They demanded that the administration review its policy and return the bus terminal to Cimone.

"We have been losing passengers since the Poris Plawad bus terminal started operating more than a week ago. Every bus stops at the new terminal," Junaidi, one of the drivers, told The Jakarta Post.

Most public minivans can only stop at the Cimone bus terminal but passengers must continue their journey to Poris Plawad bus terminal to get city buses. Only certain public minivans are allowed to enter Poris and this has caused resentment among other drivers. On Sunday evening, they attacked three public minivan drivers who have access to the new terminal.

Passengers had earlier complained about the relocation of the bus terminal, saying they had to spend more time and money on public minivans to transfer them from Cimone to Poris Plawad.

Ade, 20, a resident of Bandar village, Cikupa, said that she usually paid Rp 1,000 (12 US cents) from Jatake and just needed 30 minutes to reach Cimone bus terminal. "Now I have to spend Rp 2,500 and it's a one hour trip to get to Poris," she groaned.

Bus drivers also complained about the new terminal's location, saying that they had to pass along congested Jl. Sudirman to reach the terminal. "With vendors occupying half of the road in front of the Cikokol market in the morning, we can only get a few passengers even if we've been waiting at the terminal for an hour," complained bus driver Priyono.

Only intercity buses are available inside the new terminal. City buses drivers prefer to make a U-turn at the Cikokol flyover or at the intersection of Jl. Teuku Umar and Jl. Imam Bonjol.

The public minivan drivers said they would continue their protest on Tuesday as no administration officials or councillors met them during their protest.

Students/youth

Students urge Akbar verdict

Jakarta Post - December 19, 2003

Jakarta -- More than 100 university students rallied outside the Supreme Court on Thursday, demanding the court to process the case against Speaker of the House of Representatives Akbar Tandjung for his corruption conviction which he has appealed to the Supreme Court.

Rico Marbun, chairman of the University of Indonesia's Students Executive Body, said the court must not give extra privileges to Akbar. "He's been convicted, but he's still allowed to lead the House, lead his party and nominate himself as a presidential candidate," he told reporters.

Akbar, who is also the chairman of the Golkar Party, is a presidential candidate. Akbar was sentenced last year to three years in jail for involvement in the Rp 40 billion misuse of the State Logistics Body (Bulog) fund. The Jakarta High Court upheld the verdict and added one year to the sentence early this year, but Akbar has remained free pending his appeal to the Supreme Court, and no internal House sanctions have been meted out.

Justice Paulus Effendy Lotulung had earlier said that he would issue Akbar's verdict before the country goes to the polls in April 2004.

Police arrest, beat students protesting general elections

Jakarta Post - December 17, 2003

Jakarta -- Central Jakarta police arrested 54 protesting students, six of them girls, just as they were dispersing after staging an anti-election rally at the Hotel Indonesia traffic circle in Central Jakarta on Tuesday afternoon.

The students, members of the Jaringan Kota (Jarkot) or City Network, were being interrogated late into Tuesday night and the police denied them their right to have a lawyer present.

"We hired a lawyer to accompany our friends but a police officer, who claimed to be the chief detective of the precinct, said the lawyer had no 'attestation letter' from the arrested students," the network spokesman, Ukay, told The Jakarta Post.

"Police claimed that the interrogation was still going on. We want them to release our friends." A student said the police accused them of being in possession of weapons -- specifically machetes.

"We only have our bamboo poles to hold our organizations' flags," Ukay said, adding that they kept the tips of the bamboo poles blunt so they could not be mistaken for spears.

The students started the protest outside the House of Representatives compound on Jl. Jend. Gatot Subroto, Central Jakarta, and moved to the traffic circle to distribute pamphlets to motorists.

The students suggested that the public not exercise their right to vote in the upcoming general election "as none of the possible candidates nor the system of the elections could be trusted".

They were about to disperse at around 5 p.m. when a policeman approached the minibuses they hired and ordered them to leave. The policeman later took the keys of the front minibus. As the students protested, the policeman called for backup. About 100 riot police came and started to beat the students.

The Law prohibits the use of force to make others vote or not vote. However, many activists understand the article differently as they considered it open to interpretation. Central Jakarta police chief Sr. Comr. Sukrawardi Dahlan could not be reached for comment as of 11 p.m. Tuesday night.

16 policemen stand trial over killing of students

Jakarta Post - December 16, 2003

Apriadi Gunawan, Medan -- A military court here began the trial on Monday of 18 police officers charged with attacking protesters in Medan, North Sumatra, three years ago killing two students.

The two victims were shot dead during the May 1, 2000, incident, when police attacked the HKBP Nomensen University.

Military prosecutor Lt. Col. Purnomo said the defendants have been charged with violating Article 170(1) and (2) of the Criminal Code, which carries a maximum penalty of only nine years in prison. The defendants are being tried before a military tribunal, even though the military and police were separated in 1999.

One of the military judges said the court had jurisdiction to try the case, arguing that the separation officially come into effect only in 2001.

During the trial, only 16 of the 18 police officers showed up as two other defendants remain missing after having deserted the force.

The 16 defendants are Adj. Comr. Amiruddin Pasaribu, Adj. Comr. M. Edi Wiriady, First Insp. Yahya, First Insp. Dedi Kurnia, Chief Brig. L.Kennedi Hutapea, Chief Brig. Hidayat Hasibuan, Chief Brig. Armansyah Harahap, Chief Brig. Yunaldi, Chief Brig. Zul Efendi, Chief Brig. Zulhendri, First Brig. Ismail Siringo-Ringo, Brig. Alexander Putra, Brig. Rusdianto Sembiring, Brig. Usnul Yazi, Brig. Zahendri and Brig. Sudaryono.

The trial, which is being presided over by Col. Reflina, was marked by a protest by hundreds of Nomensen University students who demanded that the defendants be given heavy sentences.

The protesters urged the panel of judges to be fair in trying the case.

The first day of the trial heard testimony from several witnesses presented by military prosecutors.

The former chairman of the Nomensen's students union, Jerri Tobing, one of the witnesses, told the court that the incident occurred after hundreds of students demonstrated at the North Sumatra Police Headquarters to demand the release of a fellow student who had been accused of gambling.

However, the police blocked the path of the demonstrators as they attempted to get near the building, he added.

The situation worsened after a group of unidentified people behind the students pelted stones at the police. A clash then erupted and the police fired warning shots to disperse the protesters.

"We were chased and several police officers fired bullets at us. We later retreated back to campus," Jerri said, adding that at least 17 students were injured in the clash.

On their way to the campus, the students took two police officers, identified only as Suherman and Surbakti, as hostages.

Incensed by the hostage-taking, dozens of police personnel besieged the campus and fired shots at students in an attempt to release their colleagues who were reportedly being abused by their captors.

Jerri said the police fired shots from Jl. Perintis Kemerdekaan and Jl. Sutomo, killing two students and injuring another one.

The two dead students were identified as Calvin Nababan and Ricardo Silitonga. The wounded student was Jimmi Simangungsong, who was shot in the leg.

When asked by counsel for the 16 defendants, Adj. Comr. D. Purba, Jerri admitted he did not know whether any of them had actually been at the scene.

The trial was adjourned until Thursday.

'War on terrorism'

Four students have links to terror, Hambali-Jakarta

Reuters - December 19, 2003

Jakarta -- Indonesia has extended the detention of four Muslim students deported from Pakistan because they are suspected of links to an accused terror kingpin and several bombings, police said on Friday.

National police chief Da'i Bachtiar told reporters the students had links to captured radical preacher Hambali, accused of being the top operative of Jemaah Islamiah, the Southeast Asian militant network.

"I can't go into details but they have connections to Hambali and there is information that relates to bombing cases here. But I can't explain now," Bachtiar said, adding that access to Hambali, who is in US custody, was key to unravelling the case.

Hambali was arrested in Thailand last August and is now in the custody of the United States, which has not entertained repeated requests from Jakarta for a chance to question the Indonesian- born militant directly.

The students, among whom is a younger brother of Hambali, had been held since December 12 and under Indonesia's anti-terror law would have had to be released after seven days unless they were officially declared suspects.

"Their status is they are now suspects," deputy national police spokesman Soenarko told Reuters, adding the status was imposed late on Thursday, a few hours before the deadline. Soenarko did not say for how long the detention had been extended. "It depends on our investigation," he said. Indonesian law allows the authorities to detain terror suspects for up to six months for investigation purposes.

The four students were part of a group of six Indonesians captured by Pakistani authorities in September during raids on Islamic seminaries in the port city of Karachi The operation also netted several Malaysian students some of whom have been described by news reports as belonging to "Al Ghuraba", a cell initiated by Hambali.

Singapore said on Tuesday it had detained two of its nationals who are part of that cell and were being groomed by Hambali's brother for future leadership roles in Jemaah Islamiah.

Bachtiar refused to comment on those cases, but an Indonesian investigator who declined to be named told Reuters that the reported cell was among the issues raised in interrogations.

Pakistan deported the six to Indonesia last week on grounds they could endanger the security of the South Asian country. Two of the group have been released because of insufficient evidence.

Soenarko said the other four are officially suspected of "giving help to and aiding terrorists", a crime that carries a maximum penalty of 15 years in jail.

Jemaah Islamiah is linked to al Qaeda by some investigators and blamed for a series of attacks in the region, including the bombings of nightclubs in Indonesia's tourist hub of Bali last year that killed 202 people, mostly foreign holidaymakers.

Lawyers say police denying justice to terror suspects

Agence France Presse - December 16, 2003

Indonesian lawyers have complained that police had refused them permission to see six students who were deported from Pakistan on suspicion of terror links.

The six include Rusman Gunawan, a younger brother of top Jemaah Islamiyah (JI) terror suspect Hambali.

"We deem that national police headquarters is guilty of gross human rights violations and of obstruction of justice," said Munarman, the head of the Indonesian Legal Aid Institute.

Munarman said lawyers were originally given power of attorney to represent two of the group. But he said police had pressured students to revoke the power of attorney.

Since the students' return to Indonesia late last Thursday, he said, "the families or the lawyers have until now not received even a single letter on their legal status. Are they suspects or witnesses?" Munarman said the six were being questioned by the national police's anti-terror department headed by Brigadier General Pranowo.

He said lawyers planned to complain to the National Commission on Human Rights about the denial of access.

"Police have not yet determined whether they are suspects or not because they are still being questioned as witnesses," said a national police spokesman, Sunarko Danu Ardanto, declining to elaborate.

The six had been studying at the Abu Bakar Islamic University in Karachi when they were arrested in September. An Islamabad-based security official has said they were part of "a sleeper cell" of the al-Qaeda-linked JI. JI is blamed for a string of attacks including the Bali blasts that killed 202 people in October 2002.

The official said they were placed under surveillance in August following information gleaned from the interrogation of Hambali, who has been in US custody at a secret location since his arrest in Thailand on August 11.

Another 13 Malaysian students, also suspected of links to JI, were arrested with the Indonesians and have already been deported.

Government & politics

Supporters occupy PDI-P office

Jakarta Post - December 18, 2003

Klaten -- Hundreds of supporters of the Indonesian Democratic Party of Struggle (PDI-P) occupied and seized the party's local office in Klaten regency, Central Java, on Wednesday.

The incident was in protest against the dismissal on December 13 of the chief of the party's security, Haryanto Wibowo, by Harry Purnomo who chairs Klaten's PDI-P office.

The protesters arrived at about 1 p.m. on motorcycles and trucks. While slamming Harry as arrogant and urging him to resign, the protesting supporters of Haryanto seized and blockaded the party's office there.

The decision by Harry, who is also the regent of Klaten, to fire Haryanto was unacceptable because it was only made in favor of the regent, protest leader Sratu said.

"The dismissal of the commander of the PDI-P security unit clearly reflects the interests of a certain person," he said, apparently referring to the regent. Sratu did not elaborate.

The noisy protest ended peacefully at 3:30 p.m.

Taufik Kiemas title causes raised eyebrows

Jakarta Post - December 16, 2003

Kasparman Piliang, Padang -- Despite controversy, President Megawati Soekarnoputri's husband Taufik Kiemas will soon be bestowed with a customary title by leaders of a clan in West Sumatra province.

Leaders of the Sikumbang clan at Kenagarian (village) Sabu in Batipuh subdistrict, Tanah Datar regency, is scheduled to confer the title of Datuk Basa Batuah on Taufik during an official ceremony on December 21.

"It is not an honorary title nor is it a token of appreciation for his service [to our clan]. It's only a customary title," said Zainal Hafizd Datuk Kayo, the top customary leader of Sabu village.

Based on the Minangkabau customary rules, a person who receives the title of datuk (clan leader) has the right and responsibility to look after the children of his or her nieces and nephews.

He or she is responsible for resolving any family disputes arising within his or her clan. Even if the decision handed down by the datuk is considered too harsh, it must be obeyed. A datuk must comprehend his own culture and traditions, and be honest.

It is a much respected title that has strong roots in Minangkabau society's structure, and follows clear ancestral lines. In Minangkabau tradition, it means that the title's recipient has what is called Basosok bajarami, bapandam bapakuburan (clear and distinct ancestry and origin).

The bestowal ceremony for Taufik will be held at the Ustano Basa Rajo Pagaruyuang (the Grand Palace of the Pagaruyung Raja) in Pagaruyuang, Batu Sangkar subdistrict, Tanah Datar.

"The bestowal of the title of datuk on Taufik Kiemas is because we want to select one who has long been left behind, and to restore what he deserves by right," Zainal said last Thursday in Padang, the North Sumatra capital.

He said the title was last used by the late Muhammad Daud, who was reported to be Taufik's uncle. Due to the Batipuh War in 1850, the founders of the Sikumbang clan were separated and one of them, Siti Saadah, fled to Padang. She was a sister of Siti Aminah, the mother of Muhammad Daud Datuk Batauah.

After the war, the two sisters grew apart and in 1905 Muhammad Daud died.

Based on Minangkabau tradition, if the datuk passes away, a replacement must be found from within his own clan.

"Here's the problem. At that time, there was no male successor from the Sikumbang clan, so they did not replace him and so the title is still unclaimed to date," said the Minangkabau Land Traditions Organization (LKAAM) head, Kamardi Rais Datuk Panjang Simulie.

However, local people questioned whether Taufik is the right man for the title as he was born in Palembang, South Sumatra province.

According to Zainal Hafizd, the ancestral line of the Sikumbang clan was cut after the death of Siti Saadah and it could not be traced back. However, Taufik once claimed he originally came from Padang.

"Pak Taufik later sought to find his own roots and it turned out that he is a fourth generation descendant of Siti Saadah," Zainal added. He quoted Taufik as saying Siti Saadah had a daughter named Siti Hasnah who gave birth to Asiyah. The latter then had a child named Hamzatun Rusda. Hamzatun later married a man from Palembang named Cik Agus Kiemas who later had 11 children, including Taufik, Zainal added.

"So, it's clear that we have not picked the wrong person because, according to Minangkabau tradition and the use of the matrilineal system to trace descent, Taufik is clearly a man of Minangkabau descent," he said.

But an investigative team assigned by West Sumatra Governor Zainal Bakar to trace Taufik's descendants discovered another version.

It revealed that the Siti Saadah who lived at Belakang Tangsi, Padang, came from Saning subdistrict in Solok regency. Her clan was not the Sikumbang clan but rather the Koto clan.

2004 elections

Military emergency must be revoked before holding elections

Detikcom - December 18, 2003

Fedhly Averouss Bey, Jakarta - The Centre for Electoral Reform (Cetro) and Indonesian Human Rights Watch (Imparsial) have stated that they reject holding the 2004 general elections in Aceh while it is under the status of a military emergency. At the very least there needs to be a break in the military emergency if [the government] still wishes to organise elections in Aceh.

This statement was issued jointly by the head of Cetro's founding board, Todung Mulya Lubis, and Imparsial's executive director Munir at a press conference at the Imparsial offices on Jalan Diponegoro in Central Jakarta on Thursday December 18.

Todung explain that the results of a limited survey which was conducted by Cetro in Aceh between December 12 and 14 indicated that a majority of the Acehnese do not feel free to participate in an election if it is held under the status of a military emergency.

According to Todung, the Acehnese people's understanding of the elections is very minimal. This is because the representatives at the majority of meeting [on the elections] which have been held by the government and non-government organisations in Aceh are always bureaucrats and nominated by the emergency military command.

"So although these bureaucrats who represent the Acehnese people state their agreement with holding the elections under the status of a military emergency, the fact is that most Acehnese reject this", said the senior advocate.

Because of this, Todung suggested that in the lead up to the 2004 elections the status of a military emergency in Aceh for areas which have already been declared secure be revoked. Meanwhile for areas which are not yet secure the military emergency can remain in place but the elections be held at a later date.

Meanwhile Munir explained that they had not participated in a recent meeting [on the elections] in Aceh because they had still not obtained information from the offices of the Coordinating Minister for Politics and Security with regard to the organisation of the elections in Aceh.

"Based on this we from Imparsial, we did not go to this event. Because it is still not known if the elections which are to be held will be "luber" (direct, open, free and secret), "jurdil" (honest and fair) and democratic", said Munir. (gtp)

[Translated by James Balowski.]

Did opposition groups pass 'verification'?

Jakarta Post - December 17, 2003

Max Lane -- Most of the 24 parties which gained registration for the 2004 general elections trace their origins back to groups or parties that were participants in the New Order political system rather than its opponents. There are just a few partial exceptions.

One of these partial exceptions is Abdurrahman Wahid's National Awakening Party (PKB) and the Nahdlatul Ulama. Wahid withdrew the NU from Soeharto's political system in the 1980s and became involved in the moderate opposition group Forum Demokrasi. This opposition was aimed specifically at dictatorship and gave little priority to a broader program. More significantly, it shared an elitist opposition to mass politics, an attitude that allowed Abdurrahman to be later easily deposed as president by more conservative forces.

There is the New Indonesia Alliance Party (PPIB), headed by the economist Syahrir. Syahrir has a long history of outspoken opposition to dictatorship and corruption. He was imprisoned for several years from 1974. The PPIB now combines an opposition to corruption and racial discrimination with strong support for the free market neo-liberal policies also accepted by the rest of the elite.

A more complicated exception is that of Eros Jarot and the Freedom Bull National Party (PNBK). Jarot, and many of the activists of the PNBK, were members of the Indonesian Democratic Party (PDI) when it was an officially sanctioned party of the dictatorship. However, he became active in the PDI during the period when it was becoming the subject of intensifying harassment by Soeharto who was opposed to the party's elevation of Megawati to the party chairpersonship.

Unlike Megawati herself, Jarot did not join the PDI when it was still purely a subordinate creature of the dictatorship, The PNBK has not come out of the central stream of opposition to the New Order, the reformasi stream, based on the development of a range of policy critiques and programs advocating the interests of differents social sectors. The origins of the full reformasi agenda must be traced to the 1990s student movement, the NGOs, the worker and peasant groups, women's groups and the political radicals. The PNBK elements' opposition to the New Order during the 1990s was more associated with the struggle against the dictatorship's maneuvers against Megawati.

However in 2002 the PNBK joined the briefly lived National Coalition (KN), which brought together the biggest coalition ever of reformasi NGOs, political groups and student, worker and peasant organizations. The KN's political platform called for an end to the military hierarchy's interference in politics and demanded a complete purging of the state apparatus of individuals involved in repression or corruption during the New Order era.

It also demanded the full political rehabilitation of the victims of political repression during and since the New Order. The KN also called for the cancellation of all debts flowing from agreements between the New Order regime with the World Bank, IMF and Asian Development Bank. It also called for an immediate 100 percent increase in wages as well as the salaries of all officers, non-commissioned officers and the ranks of the armed forces and police. It also calls for the reinstitution of subsidies for agriculture, as well as a rejection of trade liberalization in the food sector.

However, the PNBK appeared to draw away from the Coalition when it appeared to be unable to mobilize mass activity in the immediate term. To date, the PNBK has not been able to build a national profile based around any of the policy positions in the Coalition manifesto, but has instead relied rather on a combination of appeal to the cultural (rather than political) symbols of Sukarnoism, political maneuver and Jarot's own charisma.

Rachmawati Soekarnoputri and her Pioneers' Party (Partai Pelopor) has a different history. Rachmawati stayed outside the New Order political system as a protest against the suppression and slandering of her father's ideas and writings. During the last few years, she has been a prominent critic of the Megawati government attacking it for surrendering to US interests and for collaborating with New Order force. Rachmawati and Pelopor use the more radical ideas from former president Sukarno. Her writings have been featured in the mass circulation popular press.

Another sister, Sukmawati, who heads the Marhaenism Indonesian National Party (PNI Marhaenisme), also is appealing to a more radical Sukarnoism although she is yet to make a clear mark. Rachmawati also initially indicated support for the Koalisi Nasional manifesto.

This broader activist reformasi movement, reflecting its own fragmentation, is not directly represented by any of the political parties that are registered for the elections. The Social Democratic Labor Party (PBSD), headed by Mochtar Pakpahan, has a name that connects with reformasi but has only tenuous organic contacts.

The Party of United Peoples Opposition (Popor), headed by Dita Sari, is the most important party to come out of the reformasi movement, armed with a comprehensive program and cadre team, Based among the most radical, and still relatively small, section of poor students, workers and peasants meant that it could not rally the material resources to pass the verification test.

The most important question of the coming election campaign will be whether parties such as PNBK and Pelopor (and perhaps PNI Marhaenisme and PBSD), decide to campaign on the basis of promoting the alternative policies of the Coalition, which they once supported. Or will they rely on symbols, personal charisma, the promotion of individual figures popular with some slice of the public or other, and deals with parties who have been supporting quite different policies, such as the PPIB?

Campaigning to win support for alternative policies has the potential to draw into political activity the whole of the reformasi spectrum -- all the NGOs, democratic intellectuals and artists, women's, worker and peasant organizations and groups like POPOR. The other approach will destine these newer parties to simply slicing off three to 10 percent of the votes of parties they originally came from or whose symbols or vocabulary they share (more-or-less).

In any case, to what extent a clearer oppositional pole, based on alternative policies, develops during the next year of political campaigning will be a key factor in determining whether the frustration at social and economic stagnation after the elections will have a clear focus (leadership) or tend towards amok.

[Max Lanes is a Visiting Fellow, Asia Research Centre, Murdoch University Murdoch WA, Australia.]

Candidacy of Suharto's daughter worries reformers

Inter Press Service - December 17, 2003

Kafil Yamin, Jakarta -- Some Indonesians see the presidential candidacy next year of former strongman Suharto's daughter, Siti Hardianti Rukamana -- on the heels of that of her father's former military chief Wiranto -- as a sign of the failure of reforms in the post-Suharto era.

Others, however, say it shows how much wider the democratic space has become in the five years since Suharto was ousted from power amid popular protests.

The irony of Suharto allies benefiting from democratic reforms is not lost on people like Ikrar Nusa Bhakti of the Indonesian Institute of Science (LIPI), who says that the nomination of Siti Hardianti Rukamana, popularly known as "Tutut", indeed signals the re-emergence of the old forces of Suharto's "New Order" in the political arena.

Yet this is not something the reformists should worry about, Bhakti points out. "As long as the 'reformasi' forces stick to their reformation agenda and ideals and are able to restore the economy, stability and give prosperity for the people, the old forces will not have a place in the people's heart," he said.

"But if they are not serious in fighting corruption, upholding principles of clean government, democracy and human rights and fail to bring the economy, social stability back to normal, then people will turn to the old forces," he added.

Tutut, Suharto's eldest daughter, was nominated by the newly established Partai Karya Peduli Bangsa (Work of Concern for the Nation Party) on December 3. This party was founded by retired general Hartono, upon the request of former president Suharto.

The election on April 5 next year will be the first time that voters in this country of 220 million people will elect their president directly.

"I want to take part in the development of the nation. I am ready to serve the nation. I call on my people to unite. From now on, never fight each other, blame each other again. Let's sacrifice for the future of the nation," she said during the announcement of her nomination.

Many do look at such promises with a critical eye. Novi Maria Ulfah, a student of the Semarang-based State Islamic Institute, says Tutut's nomination represents the height of corrupt, oppressive and bloody power in the past. "She is part of a dynasty that made people suffer," she said.

But there is also a realisation that Indonesians often have a sense of disappointment with the difficult years that Indonesia has had after Suharto's ouster. This, they fear, may help stoke a desire for the old days that may now be seen as having been more stable.

Already, apart from Wiranto and Suharto's daughter, Akbar Tanjung, who used to head Suharto's Golkar party, is also eyeing for presidency. Incumbent President Megawati Sukarnoputri, daughter of Indonesia's founding president Sukarno, is also in the running. Bhakti says the present situation is cause for concern because "the economy remains in crisis, unemployment is rising, social conflict and communal clashes continue to happen. Corruption and rights abuse are even intensifying."

Looking back, the re-emergence of Suharto-era forces like his daughter or his former military chiefs says more about the difficulties of the road back to democracy than the strength of the Suharto-era groups or allies.

For instance, Bhakti says, Indonesia has yet to get full accountability from Suharto himself for three decades of iron- fisted rule marked by human rights violations. "I think the failure to bring Suharto to court is a great mistake of reformists," he said. This has a role in some people's yearning for a return of Suharto forces, he believes.

In the end, however, people like Dina Lia Ervina, a teacher in a private junior high school, said the key question is what Indonesia's aspiring leaders can do for its people and their quality of life.

"What is important for me, and think for many people, is that she or he has a high sense of responsibility to lead the nation to prosperity and has the capability of making this happen," Ervina added.

"The fact is that the situation now, under the reformists, is worse than the past. Everybody acknowledges it," she said, referring to the mix of economic, communal and social problems that the country is experiencing.

"I am not against or for Tutut's nomination as I am not against or for the reformist leadership as well. I am for good, clean and democratic government," Ervina pointed out.

In recent years too, reformist parties have been battered by internal conflicts and are facing dropping popularity because their involvement in money politics.

The Megawati-led Indonesian Democratic Party-Struggle (PDI-P) is embroiled in an internal power struggle between ministers who are seeking to discredit one another.

Kwik Kian Gee, state minister for national development planning, has openly called his own PDI-P party the most corrupt in the country. He said that such high levels of corruption would cause the party to disintegrate even before the 2004 elections.

Kwik stirred up a hornet's nest in Jakarta, where money politics runs thick, when he decided to break with the party whip. Other party leaders, including Taufik Kiemas, Megawati's husband, promptly labelled Kwik a traitor.

Equally worrisome, according to activist Agus Priyono of Bogor, West Java, is the fact that there has been little significant improvement in the people's political awareness in the post- Suharto years.

"People vote for a certain party or figure for a very practical consideration, that is, because the party or the figure gives a sum of money to them. Or at least they do it for economical consideration," he said. "There are a few who are not money- minded. But there are a lot more who are," he added.

Voters like Dadang Kustiarto, a street food owner in Bandung, said he might vote for Tutut because he thinks a strong hand may be able to turn the country's economy around. "Under Suharto's rule, the rupiah rate was only 2,400 against the US dollar, now it is 8,500; the price of rice was only 600 rupiah per kilogramme, now it is 3,500. One sack of cement cost only 3,000 rupiah, now it is 28,000 rupiah," he said.

"Besides, violent communal clashes, anarchic rallies were rarely seen. We are tired of these petty, endless conflicts and uncertainty," Kustiarto added.

Corruption/collusion/nepotism

Mega's son quits project under cloud

Straits Times - December 19, 2003

Jakarta -- President Megawati Sukarnoputri's son, Mohammad Rizki "Tatam" Pratama, has decided to withdraw from a business project in the Jakarta Fairground after intense scrutiny by legislators, The Jakarta Post reported yesterday.

The withdrawal spared the President's eldest son from being summoned by a House inquiry. "Pak Tatam has sent a letter informing us that he had withdrawn from the project since November 10. We hope this is not an act of deceit," the inquiry committee chairman Effendy Choirie said after a closed-door meeting on Wednesday with the board of commissioners and board of directors of PT Theda Persada Nusantara, a private firm appointed to develop a Chinese centre in the fairground complex.

Mr Tatam was deputy commissioner when PT Theda Persada Nusantara proposed the project to the fairground management last July.

Last month, State Secretary Bambang Kesowo said the decision to grant Mr Tatam rights to develop and manage a 17ha lot at the 40ha fairground did not violate existing laws, the report said.

PT Theda Persada Nusantara had initially planned to build apartments, a shopping centre and a hypermarket valued at 6 trillion rupiah on a 30ha lot in Kemayoran. The Kemayoran New Town Authority later granted the company the right to develop only 17ha with the total project value of 1.6 trillion rupiah.

The withdrawal of Mr Tatam did not affect the project, said company chief Samingoen. "Members of the company appreciate the withdrawal of Tatam. That is a wise decision," he said.

Jakarta's anti-graft chief lists targets

Straits Times - December 19, 2003

Jakarta -- The newly elected chairman of the Corruption Eradication Commission (KPK), Mr Taufieqqurrochman Ruki, has vowed to develop it into a credible institution.

Once the organisation is established, the KPK will focus on eradicating corruption in the civil service, law enforcement institutions and the private sector, he said on Wednesday.

He said those three areas were the most prone to corruption practices that could cause great losses to the state.

"I am also focusing on corruption eradication in law enforcement institutions because it would be impossible to clean a dirty floor with a dirty broom," Mr Taufieqqurrochman told The Jakarta Post in a telephone interview.

The KPK, he said, would examine high-profile corruption cases currently in the hands of police and prosecutors before deciding whether to take over investigations and prosecutions from them.

The "super body" has the authority to investigate and prosecute corruption cases -- previously the domain of the police and the prosecutors' office -- particularly cases involving the state apparatus and cases that have caused state losses amounting to a minimum of 1 billion rupiah.

"We can examine and take over [investigation into corruption cases]. But we must be sure that we have better capability," he said. He promised that the KPK would maintain accountability by being transparent to the public.

He said it would report the development of each investigation every three months to the President, the House of Representatives, universities, non-governmental institutions and those who needed it.

He also promised that the five KPK leaders, including himself, would not cover up the mistakes of their colleagues should they be involved in bribery or collusion.

"The KPK leadership must be clean and trustworthy. If one of us fails to fulfil the requirement, he must resign. The House must select another one," he said. The first six months after its establishment, which is scheduled onr December 27, would be spent on developing the KPK organisation, he said.

He promised that the recruitment of personnel would be transparent in a bid to get staff with integrity. He also plans to make the KPK "a not-too-big organisation because we need to work fast".

For the same reason, he did not expect the KPK to establish provincial branches despite its authority to eradicate graft across the country.

Jakarta names chief of anti-graft panel

Straits Times - December 18, 2003

Jakarta -- A former police general will head Indonesia's first five-member anti-corruption commission, dubbed a "super agency", given its authority to summon and investigate state officials and members of parliament without seeking presidential approvals.

Inspector-General Taufiqqurochman Ruki was chosen by secret ballot late on Tuesday, said Mr Patrialis Akbar, a member of the parliamentary commission which elected the panel. Team members include a former president of state tin mining company Timah and a former commissioner at the Jakarta Stock Exchange.

Insp-Gen Ruki's experience in the police force "will be very helpful in investigating corruption, including by generals", Mr Akbar said.

He said the vote is expected to be endorsed by a full meeting of parliament today and members would be sworn in by the President on December 27. The Corruption Eradication Commission, whose establishment has been postponed several times since 1999, will have the authority to investigate and prosecute cases.

Corruption cases were previously the domain of the police and the prosecutors' office.

The International Monetary Fund had called for the establishment of the body amid criticism that widespread graft is undermining Indonesia's investment climate. In October, the Berlin-based group Transparency International listed Indonesia among the world's most corrupt nations.

As soon as the names of the commission members were made public, critics expressed doubt over the choices for the anti-corruption job. Some wondered whether they could live up to public expectations, reported local media.

They said strong candidates like former attorney-general Marsilam Simanjuntak and prosecutor M. Yamin drew only a few votes from legislators. "The House is apparently afraid of choosing tough and credible candidates," a member of the selection committee, Mr Todung Mulya Lubis, was quoted as saying by The Jakarta Post.

Indonesia Corruption Watch's Mr Teten Masduki called the election a "political choice by the House", the Kompas daily reported.

Indonesia: History revisited

Asia Times - December 17, 2003

Bill Guerin, Jakarta -- Distressingly little has changed in Indonesia from the previous received wisdom that the country's leaders could use state-owned enterprises, including financial institutions, as their personal piggy banks. Many officials controlling these enterprises remain well connected and, with elections ahead in 2004, the wheeling and dealing appear to be well under way.

In the same week as the Consultative Group on Indonesia (CGI) pledged $2.8 billion in loans, a high-level government meeting was called by President Megawati Sukarnoputri to address recent lending scams at state-owned Bank Negara Indonesia (BNI) and Bank Rakyat Indonesia (BRI). Summoned to attend were the coordinating ministers for political and security affairs and the economy as well as the national police chief, the military chief, the head of the national intelligence agency, the attorney general and the Bank Indonesia governor.

The BNI scandal centers on the improper disbursement of Rp1.7 trillion (US$200 million), a much larger sum than the $78 million involved in an earlier politically linked scandal, Baligate, that put the moneyed elite in the public eye just before the last elections.

It is hardly surprising then that State Enterprises Minister Laksamana Sukardi, whose remit includes ultimate responsibility for state banks, told reporters after the meeting, "The president said all who are involved in the case must be investigated. No one is untouchable." The scandals, described as "really humiliating" by Sukardi, threaten to depress business and market confidence on the eve of Indonesia's withdrawal from the International Monetary Fund (IMF).

With next year's national elections looming and with parties feverishly building up war chests to finance their campaigns, suggestions by local media of the possible involvement of well- connected people and key politicians in the scandal have spooked the elite. The political dimensions have encouraged the House of Representatives Commission IX for financial affairs plans to set up its own special committee to probe the scandal, and the Supreme Audit Agency (BPK) has been asked to assist in the investigation to make sure there are no other fraud cases that may have been covered up by BNI management.

On the face of it, the government appears to be promising that justice will appear to be done. The police are handling the BNI affair, while the BRI case is being handled by the Attorney General's Office.

However, as Faisal Baasyir, the vice chairman of Commission IX pointed out, "We need to form the committee to ensure that the police and the prosecutors won't play around with the investigation of the fraud cases."

BNI has been under fire with the recent revelation of a Rp294 billion (US$34.7million) lending fraud, in which three bank branches approved loans to local companies supported by cash collateral deposits. However, the deposits did not belong to the companies concerned.

The scandal later spread to the state-owned BRI, the country's fourth largest in terms of assets, which reported $34.6 million in crooked loans. Despite the uproar over the fraud, BRI is to go ahead anyway this week with its planned issue of Rp500 billion (US$58.8 million) in bonds.

The precedent for involvement of top politicians ahead of a general election already exists. The Baligate scandal five years ago, though involving a private, not a state bank, touched two presidents, several ministers and top officials from the central bank and the Indonesian Bank Restructuring Agency (IBRA). It spread outwards to Washington, the IMF and the World Bank. Revisiting the epic suggests the passage of time may have changed little in Indonesia and helps to explain what is going on now. Baligate grabbed the headlines because it involved Setya Novanto, the deputy treasurer of the then-ruling Golkar Party, and seriously endangered BJ Habibie's presidential candidacy. Golkar had fancied its chances good for getting their man Habibie re- elected. The ensuing alarm and despondency caused by the scandal, and the mere possibility of the World Bank making good on its threat to cancel a $43 billion bailout was enough to concentrate the minds.

Faced by increasing media pressure, Novanto and his business partner Djoko Tjandra arranged to repay the $78 million in question to Bank Bali. However, the media were having none of it. The idea that it was enough for a thief just to pay back what he had stolen sparked intense media investigations. It was concluded that Habibie's informal re-election committee, Tim Sukses (Team Success), was to have benefited from the $78 million, to buy off a majority share of votes in the People's Consultative Assembly (MPR).

The pace quickened. On August 16, IMF deputy managing director Stanley Fischer joined the attack by insisting, "a satisfactory resolution of the Bank Bali case requires a thorough and independent investigation to be completed as soon as possible". Next day the Coordinating Minister for the Economy, Finance and Industry Ginandjar Kartasasmita, himself under investigation for graft, was virtually ordered to allow international accounting experts PricewaterhouseCoopers (PWC) to audit not only the Indonesian Bank Restructuring Agency (IBRA) but also the country's central bank, Bank Indonesia.

Besides the suspension of IMF and World Bank credits, the scandal and its political overtones were a blow to IBRA's program for recapitalizing and selling off distressed banks. As rebuilding the collapsed banking sector was a keystone of the policies to kick start the economy, things began to get nasty. Political considerations overshadowed all else as the elite fought for positions.

The MPR was set to choose the next president two months on, in November, and Megawati's Indonesian Democratic Party of Struggle (PDI-P), realizing they had a golden bullet, promptly claimed that one of Habibie's younger brothers, four cabinet ministers, two Golkar party leaders and five businessmen were directly involved in the Bank Bali transaction.

The PDI-P went further, saying they had "complete and accurate information" and "concrete facts" describing where and when the suspects met and what they discussed and agreed to commit. They later did just that, by publishing the evidence.

Abdurahhman Wahid, at the time leader of the National Awakening Party (PKB), and heading Indonesia's largest Moslem organization, the 30 million-strong Nahdlatul Ummat (NU), repositioned himself by rescinding his July 21 statement supporting PDI-P's candidate Megawati.

The timing of the announcement was hardly a coincidence. With Habibie as a candidate, the Muslim parties were the swing vote and with Habibie floored by the scandal, the Muslims could field their own candidate, confident that Golkar members would choose virtually anyone over Megawati.

Weak law enforcement meant that months were wasted trying to finesse the Bank Bali case into the civil courts. When the dust finally settled and criminal trials got underway every one of the major suspects was acquitted.

Back to the present. State Enterprises Minister Sukardi, with exquisite understatement, says the government has conflicting roles as regulator, supervisor, owner and manager of banks, and that this could "ruin" the domestic banking system.

He said last week that the state should now sell its remaining banking assets as soon as possible to improve supervision and good governance and overseas professionals should be hired to run them if necessary.

But privatizing the state-owned enterprises carries no guarantee of good corporate governance. It represents a code of practice designed to protect the importance of the interests of the public.

In more developed countries the role of the state in economic activities is very small and the conflict between vested interests and opportunities for violating good corporate governance lie within management.

The collapse of Enron, WorldCom, and others was proof enough that company management bonuses related to stock option programs that in turn depend on increased share prices encourage creative and risky accounting practices.

The difference in a developing country like Indonesia, where government involvement is substantial, is that violations of the code are more generally manifest in corruption by government officials. This is exactly what happened in the Bank Bali case.

Attitudes of top officials highlight just some of the difficulties. Bank Indonesia's initial aloofness was par for the course. Though the central bank is still the main authority for banking supervision, Senior Deputy Governor Anwar Nasution immediately blamed the scam on Bank BNI executives, who he said had disregarded standard procedures and rules governing such transactions.

The transactions escaped the scrutiny of internal auditors and directors as well as supervisors at Bank Indonesia, the central bank, who are mandated to conduct both on-site and off-site inspections of banks. BNI has said it has since recovered $15 million, around a third of the total loans involved in the fraud. But an arrogance that hints at protection is evident among the BNI directors, who seem more concerned about returning the loot to minimize the bank's losses rather than finding out what mistakes were made or finding out who is guilty.

Likewise BRI president Rudjito, who said he saw no reason for he himself or the other directors to resign. "We are not leaning toward that kind of action (resignation). The most important thing is that we have informed our shareholders of the fraud," he said glibly.

B J Habibie himself, addressing an Association of Indonesian Muslim Intellectuals (ICMI) meeting Sunday, said that rampant corruption, injustice and distortion of democratic practices is the price Indonesia had to pay for reform.

"The law is taking sides with the haves, not the have-nots," he said.

Though it is highly unlikely Megawati herself will have been linked in any way to the more recent scandals, it is not impossible that senior members of her party, PDI-P may now be running scared.

As the Indonesian economist Sjahrir put it, "Since most political parties are preparing themselves for the next election, a lot of dirty laundry might be aired in public. Thus, I am not very optimistic about the prospects of privatization."

Judge Soedarto, who freed the man widely seen as the main mover of the "money swap" over a technicality, had sent a signal to the other suspects, and the corruptors waiting in the wings, that white-collar crime does indeed pay, at least in Indonesia.

Baligate touched all Indonesians, in one way or another, and if it had been kept under wraps, it might have changed the course of destiny. Habibie, with his enormous support from Golkar and the moneyed elite, might well have been re-elected and, for better or worse, led his country towards a different fate.

The World Bank and the IMF, when cranking up pressure for an independent public inquiry into the fiasco, called on the Habibie government to "publicly reveal all information about the case and prosecute those involved".

They added, somewhat needlessly, "This matter needs to be resolved not only because of the large sums of money involved, but also because of the greater confidence and credibility issues at stake."

In the same year, 1998, four collapsed state-owned banks were amalgamated into a new institution (Bank Mandiri), creating the largest bank in the country. The government still holds the lion's share of 80 percent in Bank Mandiri, a fact that has also sparked concern about possible political influence ahead of the elections in 2004.

Megawati, weighing the possibilities, appears to have chosen to make her stance clear at the outset, rather than risk public comment from the lending organizations as she prepares to fight for a second term in office.

Illegal mining causing losses of $390 Million'

Laksamana.Net - December 17, 2003

Rampant illegal mining in Indonesia is inflicting annual losses of Rp3.3 trillion ($389.38 million) on the state, a government official said Tuesday (16/12/03).

"The losses exclude environmental destruction, pollution and other forms of damage whose impacts are far greater than the material losses," Muzani Syukur was quoted as saying by state news agency Antara.

Syukur, a retired lieutenant general, is the chairman of a government team tasked with implementing Presidential Decree No.25/2001 on the eradication of illegal mining, fuel smuggling and electricity theft.

He said illegal gold mining is taking place in 13 provinces, while most illegal coal mining is centered in three provinces.

Syukur, who is the former president commissioner of state- controlled tin mining firm PT Tambang Timah, attributed the problem to "reform euphoria, weak law enforcement and the poor performance of state officials".

"Reform euphoria" is a euphemism for new taxes and levies imposed on companies by avaricious regional administrations empowered by the introduction of regional autonomy legislation.

Syukur's figure of Rp3.3 trillion in mining losses is far higher than that of Rp1 trillion stated in October by the Energy and Mineral Resources Ministry's director general of energy and mineral resources Wimpy S. Tjetjep.

Illegal mining has caused a drastic decline in foreign investment in the sector over recent years. It has also damaged the environment and caused health problems for locals, largely through the use of mercury and cyanide in illegal gold mining.

Analysts say the government has failed to crack down on the problem due to the complicity of crooked state officials and members of the security forces in the illegal business.

According to Wimpy, investments in the mining sector totaled only $360 million in 2002, well below 1999 when $1.3 billion was invested.

The Indonesian Mining Association (IMA) in August warned that a lack of legal certainty could sound the death knell for the nation's mining industry.

IMA executive director Paul L. Coutrier said that as existing mineral reserves become exhausted, many mining firms are closing their operations and leaving Indonesia for better prospects abroad.

He said that if the situation continues, the only foreign miners left in Indonesia within five to ten years will be PT Freeport Indonesia (gold and copper), PT Inco (nickel), PT Kaltim Prima Coal, PT Newmont Nusa Tenggara (gold and copper), and PT Adaro Indonesia (coal).

In addition to illegal mining and regional autonomy legislation, another major problem facing the sector is a 1999 forestry law banning open-cut mining in protected forests.

Reforms bring rampant corruption, says Habibie

Agence France Presse - December 15, 2003

Corruption and weak law enforcement are the price which Indonesians are paying for reforms, former Indonesian president B.J. Habibie was quoted as saying.

"Corruption, collusion and nepotism continue to grow; law enforcement becomes more difficult to develop and this is creating high economic costs," Habibie was quoted by Kompas newspaper as saying. All of this is the price of reforms, he said.

Habibie, who replaced Suharto as president after the former dictator resigned in May 1998, was speaking at a gathering of Muslim intellectuals in Jakarta on Sunday.

"These days, we can see that KKN is committed openly, not only in Jakarta, but in almost all regions across Indonesia without an ounce of guilt," the Jakarta Post quoted him as saying. KKN is the Indonesian acronym for corruption, collusion and nepotism.

The country's current plight was a temporary phenomenon now that it was in a transitional phase to democracy and the government installed through elections next year must take the lead in coping with these challenges, said Habibie, 67, who now lives in Germany.

During his 17 months in office, Habibie introduced several reforms such as allowing more political parties, releasing political prisoners and freeing up the media.

He pulled out of the presidential race in October 1999 after legislators rejected his progress report, partly due to dissatisfaction over East Timor's breakaway from Indonesia. Habibie had authorised a UN-sponsored referendum on the issue.

Abdurrahman Wahid became president but was impeached in July 2001 for incompetence and alleged corruption. His deputy Megawati Sukarnoputri took over.

Media/press freedom

New worries for Indonesia's free press

World Press Review - December 16, 2003

Joseph Kirschke, Jakarta -- It's not the cool tile floors, the open courtyard, or the rendering of Picasso's "La Guernica" hanging on the wall by the front door.

Instead, Goenawan Mohamad, 1999 recipient of World Press Review's International Editor of the Year award, says he will best remember his home for its "historic" value as the place where he helped face down President Suharto. The year was 1994, and the authoritarian New Order regime had shuttered Goenawan's Tempo magazine-then, as now, revered as one of Indonesia's most respected political publications-23 years after Goenawan co- founded it.

There were two options, according to Suharto's minions: Tempo could accept a government-appointed senior editor, or cease publishing altogether. After a long meeting at his home, Goenawan and his colleagues determined there was only one possible reply. Four years later, Suharto fell amid chaos and looting throughout Indonesia, and the English-language Tempo was allowed to publish, and flourish, yet again, as part of a renaissance of free expression.

In a part of Asia not renowned for its democratic treatment of the press, Indonesia's news outlets are frequently described as "free-wheeling," particularly when compared to those in Thailand, Malaysia, and Singapore.

This may not last for long. These days, Goenawan-now a columnist for the magazine -- and his fellow journalists at Tempo, its daily version Koran Tempo, and the unaffiliated tabloid Rakyat Mederka, are facing further battles in the name of press freedom in Indonesia. And while government restrictions are not as suffocating as they were during the 32-year-long Suharto reign, similar challenges linger for Indonesian editors and journalists as they bump up against a corrupt, bureaucratic judiciary and the concentrated power of a narrow, moneyed elite.

Editor's house seized

Goenawan's villa is a comfortable affair in East Jakarta. His home office is lined with floor-to-ceiling bookshelves. Judging from his library, Goenawan has a special interest in Galileo, Ghandi, and East Timor. In a spacious living room downstairs, Goenawan crosses his legs and sighs.

"This is unprecedented," declares the bearded, bespectacled Goenawan, who would look equally comfortable conducting university seminars as he would in a bustling newsroom.

Only lately he's been spending more time in court. On June 5, Tomy Winata, a controversial businessman with powerful friends, sued Tempo for US$22 million following the publication of an article that contained rumors that he was behind a fire that destroyed Indonesia's largest textile market in downtown Jakarta. Winata also sued Goenawan for slander after Goenawan called him a thug in a speech. At the request of Winata's lawyers, the East Jakarta District Court issued an asset-preservation order on Koran Tempo's offices, putting a lien on the facilities pending the outcome of the case because the newspaper published Goenawan's remarks. Then, on Aug. 29, the same East Jakarta District Court issued a second asset-preservation order on Goenawan's home.

In Indonesia, it is normal for a plaintiff in a civil lawsuit to ask that the defendant's property be seized as insurance that the defendant will have the means to pay any damages the court might decide to award. But such actions are normally executed only in financial disputes; Goenawan's case marks the first time a journalist's home has been seized in a libel suit.

For Goenawan, much more is at stake than his two-story house. "They are playing a dangerous game," he says, shifting in his chair. "In the case of my house, what do they gain? They put the country into a crisis of credibility."

Tempo's editor in chief, Bambang Harymurti, recalls the morning of March 8 with great clarity. Around 10 a.m. one of the brief but intense downpours that punctuate so many days in this part of the world had just ended. Shortly after, a crowd of several hundred agitated Winata supporters marched on Tempo's editorial offices, demanding to be told the sources for Tempo's story about the textile fire.

The mob threatened to storm the office and destroy it after Tempo staffers refused to reveal their sources. And although the crowd ultimately agreed to go to a nearby police station for arbitration, tensions were still running high. A scuffle broke out at the police station. Harymurti was knocked off his feet in a hail of punches while the police stood by.

Harymurti ruefully remembers that day's events, while noting a trend toward tighter restrictions on the Indonesian press. During the administrations of Presidents B.J. Habibie and Abdurrahman "Gus Dur" Wahid, who followed Suharto, "the press enjoyed almost total freedom," he says. "Now President Megawati [Sukarnoputri] is giving all these signs that she thinks 'the press is too free-it has gone overboard.' "

Through his assistants, Winata declined requests for an interview, but issued a statement saying that his life has been threatened as a result of Tempo's reporting, which he characterizes as "based on rumor" and "without accurate facts."

"In my opinion, freedom of the press is a must for Indonesia," he said. "I do not see this case as a threat to the freedom of the press in Indonesia. In Indonesia, all people have equal rights and obligations. It is...everybody's right to sue when he or she feels they are hurt by the press on the basis of the law."

"I hope society can understand that this is the effort of a citizen to defend his rights, which are protected by law. And this effort is a way to maintain the law," he continued. "I do this Indonesia according to the law to seek the right of justice, not to be the winner."

This has not been the only hurdle Tempo staffers have faced recently. Last month, they managed to fend off a civil suit filed by Marimutu Sinivasan, who sought tens of millions of dollars for what he said were articles that defamed his business, Texmaco, one of the biggest textile makers in the world. The court ruled in favor of Tempo, although the plaintiffs promised to appeal.

An emerging pattern?

Rakyat Merdeka is a blistering tabloid with a reputation for feisty headlines. They have earned the paper-whose name means "People's Freedom"-a loyal following among working people, students, and politicians alike, with 150,000 copies sold every day.

For the most part, people take the paper's jibes in stride. One issue, for instance, contained a cartoon of former US Ambassador Robert Gelbhard as Donald Duck. The Clinton appointee kept the picture as a souvenir when he left Jakarta.

In a similar vein, the paper published pictures of President George W. Bush carrying a crucifix not long after his pledge to lead a "crusade" against terrorists. The use of the word had religious connotations deeply offensive to many here in the world's most populous Muslim nation. US Embassy staffers sent a copy back to the US Dept. of State. But lately, President Megawati and many in her ruling clique felt, Rakyat Merdeka had gone too far.

On October 27, Supratman, the 34-year-old executive editor of Rakyat Merdeka who, like many Indonesians, goes by only one name, was convicted of insulting the president. The South Jakarta District Court gave Supratam a six-month suspended sentence under articles 134 and 137 of the Criminal Code, which make it illegal to "intentionally insult" the president or vice president. Those found in violation of either article more than once face the possibility of being permanently barred from the profession of journalism. The law used against Supratman has its origins in the Dutch colonial era. It was wielded by Suharto during his period in power, but has long since been repealed in Holland, where it originated.

The charges stem from headlines comparing Megawati to a cannibal and insinuating that her breath smells like gasoline. Supratman maintain that these comments only reflected opinions of people interviewed by the paper.

"We feel it's a setback," he told World Press Review. "It's almost like the Suharto era. We feel the same now. She always talks about reform, but we never see any."

"Megawati's name will not be bad in public just because of our headlines. It will be because of her leadership and the policies of her government," he added. "It's naive to be offended by that kind of headline."

Ultimately, he was given a six-month suspended prison sentence, having been found guilty only of "humiliating" Megawati. Supratman has pledged to appeal the verdict.

An unreported war

Outside Jakarta, the press is under siege as well. On November 26, Human Rights Watch issued a 33-page report expressing concerns about press freedom in Aceh, the former Arab sultanate where counterinsurgency operations are being conducted by the Indonesian military against Islamic separatist rebels.

In the report, which included more than 100 interviews, the New York-based rights group formally recommended a visit by the special rapporteur of the UN Commission on Human Rights to promote and protect the right to freedom of opinion and expression. The rapporteur has been invited by the Indonesian government.

Meanwhile, Human Rights Watch urged the Free Aceh Movement (GAM) to free a journalist and cameraman-Ersa Siregar and Ferry Santoro of Jakarta's RCTI television station-who have been held hostage since June 29, when they ventured into GAM territory for a scheduled interview.

"Both Indonesian security forces and members of GAM have engaged in physical and verbal intimidation of correspondents in the field and editors in Jakarta," the report found. "The Indonesian government and military have effectively barred nearly all independent and impartial observers [including diplomats], as well as international humanitarian aid workers, from the province." Further, "What little is known about conditions in Aceh is disturbing," the report continued.

Defending the news blackout, a military spokesman, Lt. Col. Ahmad Yani Basuki, recently told journalists that the army "regulates the journalists-but that is for their safety."

A spokesman for GAM, Bakhtiar Abdullah, responding to the Human Rights Watch report, told reporters that his troops don't intimidate journalists, but they do reserve the right to question anyone entering their territory. GAM has said it would release Ersa and Ferry once it obtained a guarantee of safety, such as a cease-fire. For the moment, Jakarta has ruled out any possibility of a truce.

The report concluded that press restrictions have made Aceh "largely invisible, helping Indonesia to achieve its goal of decreasing the interest of the international and Indonesian media and thereby reducing the potential for pressure to cease its military operations."

Back in Jakarta, Goenawan says he would like to see Indonesian journalists share their experiences with reporters and editorial staff from papers in other, older, more established democracies like India, Japan, and the United States. "It's important to know the process of discovery for anyone to be accused of defamation," he said. "We could learn from countries with more established journalistic traditions. Not everything should be settled by the courts."

Goenawan's wife Widarti would likely agree. As she led me from the house, she couldn't help but point out that termites had caused part of the roof to cave in, allowing rainwater into the building. "I think the house is angry because of this situation," she said.

Local & community issues

One killed, three buildings burned in Solok brawl

Jakarta Post - December 18, 2003

Kasparman Piliang, Padang -- At least one man was killed, and three kiosks and a local community health center (Puskesmas) were set ablaze during a clash between residents from two villages in West Sumatra, witnesses said on Wednesday.

The clash erupted on Tuesday evening, involving rivals from the villages of Saning Bakar and Muaro Pingai in Solok regency, about 105 kilometers north of the provincial capital of Padang. Local residents said the fighting was sparked by a dispute over a plot of ancestral land located on the border of the two villages.

But it remained unclear as to who had started the brawl. Local police officers were currently holding a thorough investigation into the case.

Witnesses said the brawl erupted at around 3pm and lasted late into the evening. A villager named Tamak, 60, was killed, but the cause of his death was not immediately clear.

The angry people also burned down three kiosks and a Puskesmas building. The arson continued with the apparent revenge burning of a restaurant nearby Singkarak Lake.

According to the locals, the two feuding communities in Saning Bakar and Muaro Pingai had long been involved in "a cold-war" over the ancestral land. Each community claimed that the land belonged to their ancestors.

In order to prevent more clashes, local security personnel consisting of military troops and policemen have been deployed to guard the area.

Solok Regent Gamawan Fauzi regretted the brawl, saying that such violence should not have taken place if the people promoted peace talks to find a solution to their problem.

"As of today, we have yet to find out as to how the incident started. We are investigating it, while also trying to find a peaceful solution to the problem," he said on Wednesday.

Villagers in Solok have often been embroiled in clashes triggered by land disputes. Ahead of the recent Idul Fitri celebrations, for example, similar brawls involving villagers from Padang Sibusuk and Muaro Kalaban had earlier broken out, leaving some houses and kiosks vandalized.

Human rights/law

House passes bill on management of state funds

Jakarta Post - December 19, 2003

Jakarta -- The House of Representatives passed on Thursday the long-awaited state treasury bill into law, which Minister of Finance Boediono claimed will greatly improve the management of state funds and assets and thus help prevent corruption.

"This is a very fundamental and important law, which will have a long-term impact on the management of our state finances, which, God willing, can reduce malfeasance, including leakage of state funds," Boediono told lawmakers in a speech at the House plenary session.

But he acknowledged that in the end, efforts to create a strong and clean treasury management system will all depend on the goodwill of government officials in charge. "The government officials must truly implement their duties in accordance with the spirit of this law. If the system is already good, in the end it will depend on the people [officials]," he said.

Indonesia has been regarded as one of the most corrupt countries in the world particularly due to rampant corruption in almost all levels of government and state institutions. But since the late 1990s financial crisis and the downfall of former authoritarian leader Soeharto, there has been strong pressure for the government to curb corruption and create good governance.

The State Treasury Law provides rulings on how state funds, assets and debts should be managed by government officials both at the central government and local administrations. This law is crucial to allow the enforcement of the State Finance Law, which provides basic principles in public financial management, approved by the House in March this year.

The House is expected to pass into law another bill on the auditing of state financial accountability to also support the implementation of the State Finance Law.

All these three laws, the draft of which had been submitted to the House in September 2000, are designed to replace Dutch laws on treasury management, which can no longer accommodate modern financial transactions, greater democracy and transparency.

In the area of state asset management, for instance, the State Treasury Law stipulates that the sale of assets (including land) owned by the state or local administrations must be conducted after obtaining approval from the House or local legislative council, except under certain conditions.

For state assets excluding land worth between Rp 10 billion and Rp 100 billion, the sale must be approved by the President, while for assets worth less than Rp 10 billion must first obtain the approval of the Minister of Finance.

The law also rules that the sale of the assets must be conducted via tender. In the past, the sale of state assets had been a major source of corruption by government officials and well- connected people.

Last month, President Megawati Soekarnoputri was strongly criticized after her government awarded a Rp 1.3 trillion real estate project in Central Jakarta's Kemayoran area to her eldest son. The project, which is located in a 14-hectare plot of state land, was given without tender. Although Megawati's government did not violate any law (the 1925 Dutch law on treasury management does not stipulates a tender mechanism), many said the move was unethical. Her son has since withdrawn from the company that was awarded the contract.

House lifts hurdle to judicial liberty

Jakarta Post - December 19, 2003

Jakarta -- The House of Representatives (DPR) has removed one major hurdle to judicial independence by placing all courts under the direct supervision of the Supreme Court, but a noted legal expert warned that an independent and clean judicial system was still a long way off.

The House endorsed on Thursday the revisions to Law No. 14/1970 on Judicial Power as well as Law No. 14/1985 on the Supreme Court, putting an end to interference by the ministry of justice and human rights in the country's court system.

"We hope these two bills will improve our judicial system," said Zain Badjeber, chairman of the House's Legislation Body (Baleg), at a plenary meeting here.

Currently, the justice and human rights ministry is in charge of promotion, placement, salaries and other administrative tasks of judges, while the Supreme Court deals mostly with appeals.

Experts have blamed the overlapped authority as one of the causes of the corrupt judicial system, because most judges tend to prioritize their career and position when issuing court verdicts on high-profile cases like corruption involving government officials.

Under the revisions, the organizational, administrative and financial affairs of both public and state administrative courts will be placed under the Supreme Court by March 31, 2004 at the latest. For the religious and military courts, the transfer should be made no later than June 30 next year.

Supreme Court chief Bagir Manan welcomed the revisions, saying that the moves could speed up judicial reform in the country.

However, Johnson Pandjaitan of the Indonesian Legal Aid and Human Rights Association (PBHI) warned that such a "one-roof system" would not be enough to create an independent and corruption-free judicial system. "The Supreme Court has to get rid of corruption, nepotism or collusion, nor has it done anything about the 'court mafia'," Johnson told The Jakarta Post late Thursday night.

He also said that the Supreme Court would have to embark on major internal reforms if it wanted to improve its tarnished image. "Reforming the internal system to promote transparency and good administrative practices is desperately needed," Johnson said.

The Supreme Court, according to Johnson, must put in place clear mechanisms for handling certain types of cases, especially appeals.

The House will resume the revisions of three other laws -- on the State Administrative Court, the Public Court and on State Prosecutor -- in January or February.

The House also agreed on Thursday that the Supreme court consisted of one chairman and two deputies to be in charge of judicial empowerment and administrative affairs, respectively.

Patrialis Akbar of the Reform faction claimed that the endorsement was not legitimate because only 207 of 500 House members attended the meeting. "It is below the mandatory quorum," he said.

House deputy speaker Soetardjo Soerjogoeritno argued that the plenary meeting had met the quorum. "A total of 309 legislators signed the attendance list. This means that the quorum needs the presence of 155 legislators," he theorized.

Key Articles In the Judicial Power Law

Article 4 (3): All manner of interference with judicial affairs by anyone outside the judicial bodies is prohibited except for stipulations on the Constitution.

Article 5: Justices and court clerks must withdraw if he or she has a conflict of interest in any case.

Article 43: All assets in the state court, high court, state administrative court and high state administrative court belong to the Supreme Court.

In the Supreme Court Law

Article 7: People can be nominated as a Supreme Court justice if they have at least a master's degree in law and at least 25 years of experience in legal affairs.

Article 11: The retirement age of a Supreme Court justice is 65, but it can be extended up to 67 under some conditions.

Article 25: Secretary general is changed to Secretary of the

[Sources: Revised Laws on Judicial Power and on Supreme Court.]

House delays endorsing water bill

Jakarta Post - December 18, 2003

Jakarta -- House Commission IV for settlement and telecommunications failed on Wednesday to endorse the controversial water resource bill, ordering the Ministry of Settlement and Infrastructure to promote the draft among other state ministries and the public sectors that have opposed the bill.

Sumaryoto, who chairs the commission, said in a hearing with the Ministry of Settlement and Infrastructure that nine of 11 factions in the commission thought it imperative that the ministry promote the bill among government institutions, the public, and House members.

"Commission IV considers that more time must be allocated to promote the bill before each faction makes its conclusions.

"The government must promote the bill among government institutions and the people to produce a more comprehensive legislation, in order to reduce possible conflicts and public resistance," he told the hearing.

Sumaryoto said the commission was expected to endorse the bill in mid January, before handing it over to the House Steering Committee (Bamus) for authorization. Once endorsed by Bamus, the bill would be submitted to the House plenary meeting for approval.

Minister of Settlement and Infrastructure Soenarno, who strongly supports the bill, insisted that all government institutions involved in the deliberation of the bill had agreed to it.

However, no representatives of the National Development Planning Agency (Bappenas) or the Ministry of Energy and Mineral Resources attended the hearing on Wednesday, which was scheduled to approve the bill.

Some representatives of the energy ministry walked out during a meeting on Wednesday with Commission IV's special team, which is tasked to ensure that the wording in the bill is consistent after the bill was deliberated by the committee, two weeks ago.

During the hearing, legislator Amri Husni Siregar of the Reform faction said more time was needed to promote the bill across the country because farmers and the people, who are the biggest users of water, continued to oppose it.

However, fellow legislator Karimun Usman and Markam of the Indonesian Democratic Party of Struggle (PDI-P) faction rejected Amri's argument, saying that Commission IV had given sufficient time for public scrutiny.

Legislator M. Rosyid Hidayat of the Reform faction said that the Commission IV may still change several controversial articles of the 100 articles in the bill.

But legislator Erwin Pardede of PDI-P faction rejected his statement, saying that "the government only needs more time to communicate to the public the content of the bill". "The bill deliberation is over," he told reporters after the hearing.

Simon L. Himawan, the Bappenas' director of water resources and irrigation, welcomed Commission IV's decision to postpone the bill's approval.

"It is a reality that some people, mostly water users like farmers, continue to oppose the bill. The House must take into consideration their opposition. It would not be funny if people requested for a judicial review at the Constitutional Court soon after the House approved the bill," he said.

The House earlier ordered the postponement of the bill's deliberation due to ongoing debate over the bill, the crux of the debate focussing on water as an economic commodity rather than social commodity.

The government has admitted that the bill's endorsement is connected with the last disbursement of a US$300 million loan, under the World Bank-sponsored Water Resources Sector Adjustment Loan (Watsal). The government made a commitment with the World Bank on WATSAL in 1999, when the government faced severe financial difficulties due to the economic crisis.

The remaining $150 million would be disbursed once Indonesia completed its water reform initiative, including the privatization of the water sector. The World Bank has indicated that they may not disburse the third and last trance should Indonesia fail to produce a bill on water resources that meets a 1999 commitment on reform of policy on water resources.

Rape cases soar by 25% over past year amid legal limbo

Jakarta Post - December 17, 2003

Damar Harsanto, Jakarta -- Despite a declining trend among most recorded crimes in the city, the number of rape cases has significantly soared -- by 25 percent -- this year. Women's rights activists, as well as police, blame legal limbo as one of the main factors behind such an astounding rise.

Year-end data at the Jakarta Police Headquarters made available to The Jakarta Post show that the number of reported rape cases has been increasing significantly during the past three years. There have been 134 reported cases this year as compared to 107 in 2002 and 89 in 2001.

The rising trend is in contrast to the overall criminal activity in the city, like robbery, auto theft, drug-related crimes and extortion, which all show a declining tendency.

An activist of non-governmental organization Mitra Perempuan, Rita Serena Kolibonso, blamed the government for its failure in taking significant measures to improve the existing laws and regulations to provide better protection of women and children from rape and other sexual offenses and to impose heavier sentences on rapists.

"So far, the government has done nothing significant to revise the law on rape. The crime will surely continue to increase as a result," she told the Post on Tuesday.

She lamented legal loopholes, which were abound in the existing law, that opens up greater opportunities for rapists to evade rape charges or other sexual molestation charges.

"Take for instance, a lower sentence sought for those who have committed sexual harassment of underaged children than to those who have committed rape, show that the law is a failure, does not protect children and to does not impose heavy sentences on the offenders," she said.

According to Criminal Code's article 285 on rape, a rapist can face a maximum sentence of just 12 years in jail if convicted. The sentence is nonetheless heavier than sentences sought for those who have sexually molested underage children. According to the code's article 282, sexual offenses of underage children are only subject to a maximum sentence of between three months and nine months in prison.

"The government is in dire need to review the existing law on rape. Otherwise, every effort to enforce the law [on the rapists] and to protect women and children will be to no avail as the offenders can walk free owing to weak charges," she asserted.

Sharing Rita's concern, a senior police investigator, who is in charge of handling sexual offenses and rape cases with Jakarta Police Headquarters, said that in many rape cases, the police found it difficult to build charges against suspected rapists.

"We will welcome any revisions to the law, which cover broader sexual offenses to women and children and impose heavier sentences on the culprits. Such revisions will help us build strong charges against the offenders," said the policewoman, who requested anonymity.

Number of most recorded crimes in Jakarta 2001-2003

Crimes 2001 2002 2003

Rape 89 107 134
Burglary 5,093 4,567 5,524
Auto theft 6,466 6,180 5,788
Extortion 524 594 547
Robbery 2,647 2,546 1,822
Aggravated assault 1,225 1,372 1,134
Homicide 73 65 65

[Source: Jakarta Police Yearend Report, 2003.]

'Conflicting laws halt judicial reform'

Jakarta Post - December 16, 2003

Kurniawan Hari, Jakarta -- Chief Justice Bagir Manan said on Monday the country's failure to speed up reform within the judiciary was the result of conflicting laws and regulations.

Bagir said that the law making process was often dominated by a conflict of interests among influential groups.

"This situation has brought about contradictory and inapplicable laws and regulations," he said in his key note speech at the opening of a seminar on corruption eradication organized by the National Law Commission (KHN) here.

The condition had worsened, he said, because both judges and officials in the court could not maintain their good image.

Similarly, the police, state prosecutors, lawyers, immigration officials and officials of district courts struggled to win the respect of the public.

Bagir disclosed that the House of Representatives would revise laws on the Supreme Court, State Administrative Court, Public Court, state prosecutors, and on the justice ministry.

He said he expected the amendment would strengthen judicial reform.

After the seminar, Bagir said his office was preparing an "ad hoc court" to hear corruption cases, which would be initiated in Central Jakarta. According to Bagir, his office had already identified judges to be assigned to the ad hoc court.

Also speaking in the seminar were chairman of Muhammadiyah Achmad Syafii Maarif, sociologist Mely G. Tan, and rights activist Bambang Widjojanto. Syafii suggested that the nation emulate the tough policy of the Chinese government in dealing with corruption.

"Imposing stricter punishments on corrupters -- like what the Chinese government is practicing -- should be taken into consideration," he said, adding that the future of the nation depended on success in uprooting corruption.

Muhammadiyah and Nahdlatul Ulama, the country's largest Muslim groups, have declared a moral movement against corruption.

Meanwhile, Bambang said the failure of the nation to eradicate corruption was blamed on its inability to clearly describe corruption. He suggested that acts of corruption be described in the mother language of local people to avoid a gap between the people's perception and reality.

Bambang said he saw no comprehensive enforcement of the anticorruption law, therefore it could not serve as the pillar of corruption eradication.

"There is neither an action plan nor a blueprint for the corruption eradication drive. Also, there is no coordination among state institutions," he said.

Sociologist Mely G. Tan said corruption, just like other crimes, was triggered by both the presence of opportunity and the intent of the individual.

Reconciliation & justice

Priok witnesses make wild U-turns in testimony

Jakarta Post - December 17, 2003

Urip Hudiono, Jakarta -- Two witnesses for the adhoc human rights trial of Col. Sutrisno Mascung and 10 of his subordinates gave on Tuesday testimony contradictory to his own previous statements regarding the massacre in Tanjung Priok in 1984.

Sudarso bin Rais, the first witness, told the court that a group of military soldiers confronting a crowd of demonstrators on the night of the September 12, 1984 in Tanjung Priok, North Jakarta had twice fired warning shots -- once in the air, and once to the ground.

At least 33 civilians were killed, according to an investigation by the National Commission on Human Rights (Komnas HAM).

Sudarso also said that several people in the crowd were carrying some type of weapon that night. In his previous statement for the dossier of the case, Sudarso said the soldiers opened fired at the unarmed crowd without prior warning shots.

Sudarso's inconsistency prompted the panel of judges to question his testimony. "So which statement is correct? Remember that you are testifying under oath, and that there are legal consequences of seven years of imprisonment for false testimony," said judge Binsar Gultom.

"What I am telling now is the truth. What I said before in the dossier was made during a time when I was still vengeful towards the military," Sudarso explained.

Sudarso, who at the time of the incident was still in junior high school, was shot in his left arm. He was immediately rushed by local fire fighters to the Koja hospital in North Jakarta, but was then forcefully transferred to the army's Gatot Subroto hospital (RSPAD) in South Jakarta.

Tahir, the second witness, also said during the trial that the crowd had weapons on the night of the incident. He, however, could not verify whether the soldiers fired any warning shots, as he only heard "a loud shout ordering the crowd to back off, and then the shooting started." Tahir's previous statement in the dossier of the case said there were no weapons among the crowd.

He also said that during his previous trial in 1984 following the incident, he denied that the weapons displayed as evidence belonged to anyone in the crowd. Tahir, who was grazed by a bullet on his neck, was in the end, sentenced to one year and six months of imprisonment by that court for rioting.

"In your dossier, you said that the crowd had no weapons with them. When you were tried in 1984, you also denied that the weapons displayed in court were from anyone in the crowd. But now you say that people in the crowd carried weapons?" questioned Binsar.

Tahir was apparently unable to clearly answer Gultom's question, but just replied that what he said during Tuesday's trial was the truth.

Both Sudarso and Tahir attended the islah (Islamic reconciliation agreement) on March 1, 2001 at the Sunda Kelapa mosque in Central Jakarta held between victims and military officers related to the incident. They also received "compensation funds" from the Penerus Bangsa Foundation (YPB), which was formed following the islah.

Presiding judge Andi Samsan Nganro adjourned the trial until December 22 to hear testimonies from other witnesses.

Focus on Jakarta

Jakarta's new bus lane adding to traffic woes

Straits Times - December 19, 2003

Devi Asmarani, Jakarta -- The idea was to ease traffic along Jakarta's busiest streets by encouraging people to abandon their cars, but a new bus system due to start running next month is already causing headaches.

Round-the-clock construction of the 120 billion rupiah project to lure commuters onto special luxury buses which will zip along in their own lane has compounded traffic congestion in the heart of the capital. A stretch of road normally covered in about 15 minutes now takes at least an hour.

The 12.9km bus lane starts at the major bus terminal in the Blok M district and runs through Jakarta's most prominent streets, where most of the high-rise office buildings are located. The route stops in the hectic Chinatown (Kota) area.

A fleet of 56 new buses will drop and pick up passengers at shelters being built on the central median strip.

Jakarta Governor Sutiyoso has argued that when the buses begin operating, traffic flow will improve as hundreds of buses now using the same route will no longer operate there.

But there are more sceptics than believers. Most fear that with one lane off-limits to private cars and taxis, traffic jams in the city of 4.7 million vehicles, and growing at the rate of 8 per cent a year, will only get worse.

A recent survey by the Japan International Cooperation Agency showed that peak-hour gridlock caused annual economic losses of some 5.5 trillion rupiah.

Critics of the plan say new air-conditioned buses are unlikely to persuade Jakarta residents to leave their cars at home. For one thing, the bus route is limited to the Blok M-Kota area, so commuters from the surrounding suburbs or boroughs will still have to find ways to get from their homes to the nearest busway terminal.

With a capacity of 81 passengers, the new buses are also unlikely to be able to cope with some 50,000 people travelling the stretch of roads every day.

Already under fire for evicting thousands of poor residents from city slums, the governor's office has been slammed for not anticipating the problems the bus plan would create.

As a result, new policies will be introduced to support the busway system. These include expanding an existing ban on vehicles with fewer than three passengers from entering downtown during the morning rush hour. The new ban will last till early evening.

The city administration is also considering allowing vehicles with certain plate numbers to enter downtown on certain days.

"All these show that the government has no clear masterplan," Mr Asad Nugroho of non-governmental organisation the Public Interest Research and Advocacy told The Straits Times.

House hearing with governor Sutiyoso turns farcical

Jakarta Post - December 19, 2003

Evi Mariani, Jakarta -- A hearing on evictions between Jakarta Governor Sutiyoso and House of Representatives Commission II for home affairs turned into a farce on Thursday as commission deputy chairman Abdul Rachman Gaffar, who presided over the hearing, prevented invited evictees and urban observers from criticizing Sutiyoso.

Gaffar, a legislator from the Indonesian Military and Police faction, whose last rank was major general in the Indonesian Army, repeatedly shouted that the hearing was not intended to put Sutiyoso, whose last rank was lieutenant general, on "trial." "This is a hearing between Commission II and Pak Sutiyoso," he asserted. "So, let commission members speak first, and we will let members of Pawang (Coalition of People Against Eviction) speak after that." He tried to cut in and interrupt every time the evictees or urban observers spoke. He snapped at anybody, including the legislators, who tried to criticize Sutiyoso or counter his statements and allowed those making a speech supportive of the governor more time.

Early in the hearing, Sutiyoso read a written speech, repeating his previous statements about evictions, saying that it was a law enforcement matter and it was his task as the leader of the city to do that.

"We saw what happened in May 1998 when people violated the law, looting and raping. These evictions are only to give the people a lesson to respect the law, as legal certainty is one of the major concerns of investors in the capital," he argued.

After the speech, Sutiyoso did not say much as the legislators were busy debating whether Pawang members should be given time to talk or not.

Tired of being interrupted and treated harshly by Gaffar, Nursyahbani Katjasungkana, a noted human rights activist and member of the People's Consultative Assembly, questioned his attitude.

"I'm really disappointed at the way you are presiding over the hearing. The point of the hearing is we want to tell the governor that his way of treating the urban poor is wrong," she said to Gaffar, who listened and grinned at her.

The coalition accommodates the evictees and noted scholars, social workers and urban architects like Romo (priest) Sandyawan Sumardi, Franz Magnis-Suseno, Nursyahbani, Karlina Leksono- Supelli, Herry Priyono and Marco Kusumawijaya. They were invited by the commission and brought papers on a concept of city development that involved the community, including the urban poor.

"But as you can see for yourself, we did not get a chance to offer the concept [to the administration]," said Sandyawan after the hearing. "At least Sutiyoso has invited us to meet another time. We shall arrange a time and urge the government to form a national forum to find solutions on urban poor housing." He said that he expected the forum to have officials from the National Land Agency, the Ministry of Settlement and Regional Infrastructure, Jakarta administration, academics and urban architects. "I have discussed the community-based development concept with some concerned urban experts, and they all said it was feasible," he added. "The key is political will on behalf of the government."

News & issues

More rape victims willing to speak out

Jakarta Post - December 18, 2003

Tony Hotland, Jakarta -- The huge increase in the number of cases reported of rape and domestic violence against women and children is an indication of the growing level of willingness among the victims to speak to women's organizations about it.

Chairwoman of the Foundation for the Elimination of Violence Against Women, Purnianti, perceives the increasing number of reported cases as a sign of the growing level of trust among victims toward women's centers and non-governmental organizations.

"The situation now is like an iceberg where there are more and more women who are starting to take actions to protect themselves, instead of keeping the abuse a secret," said Purnianti during a dialog held by the Mitra Perempuan crisis center and the Ford Foundation on Wednesday.

She added that this was definite progress remembering that such centers were new to people, especially in relation to private issues such as rape by a spouse and domestic violence.

"The extensive familiarization drives and the emergence of concerned non-governmental organizations have indeed played a major role here," said Purnianti.

She cited an example of the presence of a special crisis room (RPK) at police stations where female officers take reports and the integrated crisis center (PKT) for women and children. This, she said, had been helpful in encouraging the victims to ask for help and counseling, both in terms of medical and legal assistance.

Mitra Perempuan executive director, Rita Serena Kolibonso, said that her organization had received 272 reports of abuse of women and children this year from Jakarta and its surrounding areas, a 20.35 percent increase from 226 cases in 2002.

"Most of the cases included multiple violence, meaning that the victims have endured two or more kinds of violence, which includes beating with or without weapons, and rape within marriage," said Rita.

She was quick to add that the figure was just a diminutive percentage of the overall picture considering that there were dozens of similar organizations collecting data, not to mention the data from the police and unreported cases.

Jakarta Police recently released their annual report on crimes for 2003, in which the number of rape cases showed a 25 percent increase to 134 cases from 107 last year.

Head of the Cipto Mangunkusumo General Hospital crisis center for women and children, Budi Sampurno, said that over 1,700 cases of rape and sexual abuse had been reported from June 2000 to June 2003, mostly toward women.

The dialog also urged the government to swiftly take further action on the draft of the bill on domestic violence and the revision of the law on rape.

"We urgently need those laws to be implemented on a national scale to provide better protection to all victims of sexual offenses or domestic abuse, whoever they may be," said Rita.

She added that the country's commitment to international declarations and the national agenda on stamping out violence against women had not been consistently fulfilled.

Environment

East Kalimantan forests degrading rapidly

Antara - December 19, 2003

Samarinda -- The condition of East Kalimanatan forests has now become cause for worry, in view of continuing illegal logging activities, while bids of conservation have not been very effective, sources said on Wednesday.

Syaifuddin, coordinator of the East Kalimantan Forum for the Environment (Walhi), said here that even licenced businessmen were still cutting trees in the forests.

Illegal logging, misappropriation of reforestation funds, and log smuggling were still rampant in the province, he added.

"We found that law enforcement has not been effective, so the the condition of the forests has been constantly deteriorating," Syaifuddin said.

He further said the regional administration's policy was not in favour of forest conservation, but rather favoured exploitation and exploration activities.

Companies to face trial over toxic waste

Jakarta Post - December 16, 2003

Eony Aurora, Jakarta -- A group of lawyers will sue at the Cibinong District Court, Bogor regency, on Tuesday large companies for allegedly producing untreated toxic waste that had polluted the air and groundwater in Munjul, east of Jakarta.

Public Interest Environmental Lawyers (PIEL), acting on behalf of the E-LAW Indonesia non-governmental organization, accused PT Nasional Panasonic Gobel Indonesia and PT Indo Lysaght of violating government regulation No. 18/1999 on the treatment of hazardous and toxic materials.

In a draft of the suit made available to The Jakarta Post on Monday, the lawyers have also named the Office of the State Minister of the Environment and the City Environmental Impact Management Agency as would-be accused because of their alleged failure to uphold the regulation.

The owner of small waste recycling business UD Kurnia, Maslan Helmi, who had been convicted in 2002 of illegally recycling hazardous materials -- including electronics and batteries -- and Nani Lope, owner of the now-closed recycling business CV Sumber Utama, East Jakarta, will also be charged under this lawsuit.

"UD Kurnia bought the waste from the first and second parties [PT Indo Lysaght and PT Nasional Gobel Indonesia], so why weren't the two companies charged as well?" asked Maulana Adam Humaidy, executive director of PIELs on Monday in Jakarta, Article 1, Chapter 60 of ruling No. 18/1999 said that the producers, as well as collectors and users, of hazardous waste must immediately manage pollution or environmental destruction due to their activities.

The Munjul case made headlines three years ago as residents complained about bitter-tasting groundwater and outbreaks of disease, such as rashes, ulcers, headaches and digestion problems, plus a foul stench in the air. They highlighted toxic waste pollution as the culprit.

An assessment made by the environmental impact management agency found heavy metal in the wells around the area.

A sample of water, taken in November 2000, showed it contained 2,758 parts per million (ppm) of lead and 4,078 ppm of zinc. The allowable level of the metal in the water is only 0.05 ppm and 15 ppm respectively. PT Indo Lysaght, according to PIELS, produces zinc oxide, a material for tires.

One of PIEL's demands in the lawsuit is that the companies, as toxic waste producers, bear the greatest responsibility in restoring the damaged environment.

"The phase for advocacy to society on environmental matters has passed. Now is the time to take serious action against polluting companies," said a PIEL member who wished to remain anonymous.

Aid & development

Human resources development index remains low

Antara - December 16, 2003

Mataram -- Indonesia's human resources development index (IPM) remains low among 175 countries in the world and it is worrying, chairwoman of the Family Planning Board (BKKBN) Sumarjati Arjoso said on Tuesday.

"Of 175 countries in the world, Indonesia is in 112th place ," Sumarjati said in her speech read out by general secretary of the Central BKKBN, L. Sudarmadi, here.

According to her, the country's index was even lower than neighboring countries such as Vietnam which received training on family planning from Indonesia 10 years ago.

Health & education

Disadvantaged demand free health service

Jakarta Post - December 18, 2003

Leony Aurora, Jakarta -- It looked like just another rally on Wednesday, when about 50 people holding cardboard posters stood inside the Ministry of Health compound in South Jakarta, chanting their demands.

All other components of a rally were also there; the reporters who were taking notes and pictures, and the police, who were blocking the protesters from entering the building.

But this rally was the first time poor Jakartans had marched to demand their right to access to free health services as promised by the government. And the protesters are in dire need of health services.

Umsiah joined the protest although her neck was swollen, the pain sometimes so unbearable she could not sleep at night. "I take traditional medicine to ease the pain," she said.

About two weeks ago she was denied health care from Cipto Mangunkusumo General Hospital in Central Jakarta although she had produced a letter from her subdistrict that she could not afford to pay for medical treatment and was classified as poor. The letter, she said, was issued by the subdistrict head in Depok, where she lives.

Couple Djuhara and Rumiati brought home their one-year-old daughter Sintiya, who was being treated for three months at state-owned Persahabatan Hospital in Rawamangun, East Jakarta, for inflammation of the brain membrane.

The parents, who had letters from the North Kelapa Gading subdistrict chief and the City Social Welfare Agency, were relieved of hospital expenses. However, they still had to pay for the medicine not listed on the free medicine list approved in the government's social safety net program.

They had spent up to Rp 3 million (US$353) up until November, when Sintiya's case hit the newspapers. "After that, all medicines were provided for free," said Rumiati.

Demanding that the ministry return all the money they should not have paid, the protesters refused to meet anybody but Minister Achmad Sujudi himself. Eventually, the director general of medical services, Eddie Naydial Roesdal, met the protesters to represent the minister whom he said was not in the office.

He said that anyone with only a Gakin (poor family) card was eligible for free health services. "One card will do," he said, adding that drugs should be provided for free to Gakin holders.

Eddie and Faiq Bahfen, the ministry's head for legal and organizations division, said the ministry would look into the 45 cases recorded by the Legal Aid Institute for Health (LBH Kesehatan), who organized the protest. Later in the day, the Minister told the press that the Rp 750 billion generated from the reduced fuel subsidy fund this year was not enough to cover all of the medical services for the poor.

However, he said, such a health scheme for the poor would have a lasting source of funds in the form of a health insurance scheme that would be established by the government.

Price war in generic drugs intensifies: Lawmaker

Jakarta Post - December 17, 2003

Dewi Santoso, Jakarta -- A legislator expressed concern on Tuesday about a price war among the country's generic medicine producers, fearing it would prompt drug trade in the black market.

House of Representatives Commission VII deputy chairman Surya Chandra Surapaty said the price war was the result of producers' aggressive promotion by offering huge discounts to distributors, leading to an increase in demand for their products. "This is unhealthy competition that will deprive consumers of their rights," he said.

His observation of three different pharmaceutical companies from September to December this year found that prices of generic drugs varied from one company to another.

Ciprofloxacin 250 milligram tablets, for example, was sold at Rp 157,096 (US$18.5) for one box containing 50 tablets. But if distributors bought between 18 and 54 boxes, they would receive an 80 percent discount.

At Dexa Pharmaceutical Company, Surya found distributors could buy Omeprazol 20 milligram tablets at an 88 percent discount if they bought at least 85 boxes of 30 tablets each.

Nifedipin 10 milligram tablets produced by state pharmaceutical firm PT Kalbe Farma were sold to distributors at a 40 percent discount if they bought a minimum two boxes of 100 tablets each.

"It's ironic that producers ask for an increase in generic drug prices, while at the same time give big discounts to distributors," he said.

The government increased the prices of generic drugs following demand from producers, who complained about the country's fluctuating currency against the greenback that caused uncertain prices of imported raw materials.

"Now that our currency is stable, why should we increase generic drug prices?," Surya told The Jakarta Post.

He asserted drug prices could not be raised as people had to buy them to cure their illnesses.

"Thus, we urge the government to immediately formulate a regulation that will allow the monitoring of the distribution of medicines and their prices," he said.

He added that a transparent regulation, including the implementation of price labeling, would guarantee consumers' rights.

The House has urged Minister of Health Achmad Sujudi to take action to end the price war.

"The government is now in the process of forming a National Medicine Commission, which will decide on drug regulations," Surya said. The commission will fall under the Coordinating Minister of People's Welfare.

When asked whether the government would comply with the House's demand, Sujudi said: "The government will not back down from its decision to increase the prices of generic drugs."

Women education key to slow population growth

Jakarta Post - December 16, 2003

Dewi Santoso, Jakarta -- The education of women plays a more pivotal role than the use of contraceptives in curbing population growth, an expert said on Monday.

Sociologist Imam B. Prasodjo of the University of Indonesia said he had noticed in recent surveys that the availability of contraceptives did not automatically lower the fertility rate.

"Contraceptives should be available to everybody, however, the core issue is how to change people's perceptions and to raise women's desire to reduce their fertility rate," he said.

He added that society needed to change their traditional perception of children as an investment to secure their future welfare.

Since women by nature bear children, their education should be top priority, as by providing women with skills they are given alternatives to being housewives.

"With sufficient knowledge and education, women will have more options to do activities outside the house, this will eventually decrease their desire to have so many children as they will be too busy," Imam said.

Data from the National Family Planning Board (BKKBN) reveals that 35 percent of the 27 million fertile couples are poor. It also shows that the Contraceptive Prevalence Rate (CPR) among fertile couples increased to 60.3 percent in 1997, from 57.4 percent in 2003 and the fertility rate decreased to 2.6 births per woman, from 2.8.

Tini Hadad of the Indonesian Consumer Foundation (YLKI) agreed with Imam, saying that current data also revealed the level of education of women was lower than that of men. "With higher education, women will have more bargaining power," said Tini.

However, she warned that cultural and religious issues, and those concerning customs and traditions, in which women had no say in decision making, included the decision to have children.

"I strongly believe that men also need education on family planning as they often insist that their wives should have as many children as they [the men] like," she said.

Tini was convinced contraception was mandatory for uneducated poor people, but complained that poor people had little access to information on the side effects of contraceptives and which options were open to them.

A 40-year-old woman related at the seminar that she had quit the family planning program, after suffering from health problems caused by the use of three different types of contraception. Tini said the woman was an example of the unnecessary suffering caused to those who did not receive enough information about contraception.

"Their rights as consumers aren't secured due to a lack of information and options," she said. She added that not only did poor uneducated people not dare to ask questions, (as they thought doctors' opinions were always right), but they did not know what to ask.

She blamed small funds -- 7 percent of the total state budget -- that the government had allocated for the family planning program.

BKKBN chairwoman Sumarjati Arjoso did not deny that funds were limited. "But the House of Representatives has assured the allocation of Rp 125 billion [US$14.7 million] for us to provide free contraception for the poor next year," said Sumarjati. She said under the program, the goal to raise CPR to 75 percent in 2015 would be achievable.

Islam/religion

Islamic body rules against terrorism

Melbourne Age - December 18, 2003

Jakarta -- Indonesia's peak Islamic body has put a religious ban on terrorism and suicide bombings. The Indonesian Council of Ulemas issued a binding religious decree, or fatwa, on the attacks after its annual meeting on Tuesday.

After a day-long debate in Jakarta, it ruled that terrorism was unacceptable under any definition of jihad, or holy struggle, falling outside the teachings of the Koran. "Terrorism is haram [forbidden], whether it is terror done by individuals, groups or states," the fatwa said.

But jihad was still acceptable for oppressed Muslims, and death by suicide was still allowable in war zones where the intention was to create fear and more loss of life for the enemies of Islam, the council ruled. "It should not be done in a non-war place," the ruling said.

Indonesia's two largest Islamic groups, the moderate Nahdlatul Ulama and the Muhammadiyah, oppose plans to issue a fatwa.

Armed forces/police

Rights group says intelligence body given excessive power

Agence France Presse - December 18, 2003

Jakarta -- An Indonesian human rights group on Thursday accused President Megawati Sukarnoputri of giving the national intelligence agency too much power.

The executive director of Imparsial, Munir, said the National Intelligence Agency (BIN) had recruited regional officials, including village chiefs, as their agents and set up regional offices.

Munir said the agency has asked for excessive powers, including the right to arrest and detain suspects, and for a budget to buy arms and set up forces. The proposals were included in a draft law on intelligence, he said.

"Security has become the focus of Megawati's electoral strategies to win public support, which is in doubt because of her failure to deal with economic problems, unemployment and corruption," Munir said.

BIN is charged with coordinating intelligence-gathering and anti-terror operations. "In fact police work more effectively than BIN. High-ranking police officers have told me that BIN hardly provides valuable intelligence," he told a press conference.

A BIN spokesman could not be reached for comment. Police have received international praise for successful investigations into the Bali bombings which killed 202 people. They have arrested more than 30 suspects for the Bali attack and 12 for the bombing of the Marriott hotel in Jakarta in August.

Economy & investment

Relief as Indonesia to graduate from IMF programme

Financial Times - December 19, 2003

Shawn Donnan and Taufan Hidayat -- From the perspective of Hansen Kurniawan's cookie shop in Jakarta's Pasar Minggu market, the International Monetary Fund's performance in Indonesia is easy to grade.

Since the men in grey suits landed in the crisis-hit archipelago at the end of 1997 "there hasn't been any positive impact", says the 36-year-old shopkeeper. "We had better conditions before they arrived, during Suharto's time. Now everything is expensive. Gasoline. Electricity. Telephone. All the tariffs have gone up."

Almost six years after Michel Camdessus crossed his arms and a stone-faced President Suharto signed up to an IMF-dictated reform agenda in what became a defining image of Indonesia's often testy relationship with the fund, Mr Kurniawan is far from alone among Indonesians in his contempt.

But he will not have the IMF to blame for much longer. Indonesia, the economy hit hardest by the 1997-98 Asian crisis, is just days away from becoming the last of the region's economies to graduate from its IMF programme.

On Friday the fund's board is expected to approve the final $400 million tranche of a $5 billion, four-year programme. By the end of the month one of the IMF's most uncomfortable and complicated attempts at managing crisis and encouraging reform will have come to a close.

Hubert Neiss, the Austrian economist who headed the IMF's mission during the crisis, argues Indonesia's current macroeconomic stability is proof the fund did its job. "In the end it came out well under the circumstances," he says.

Most other observers also believe Indonesia is ready for its graduation. "Progress [on reform] was always slow -- and is slow -- and there are a lot of things that haven't been completed yet," says Rick Fischer, who heads Merrill Lynch's office in Jakarta. "But broadly things are moving in the right direction." The Indonesian rupiah and stock market have made strong gains this year. Interest rates and inflation have fallen, Indonesia's foreign exchange reserves now top $35 billion and almost everyone heaps praise on the government's current fiscal discipline.

This year, Jakarta's budget deficit is expected to come in below a forecast 1.9 per cent of gross domestic product.

The government of President Megawati Sukarnoputri has also drawn praise for its "white paper" laying out an ambitious schedule for reform post-IMF.

However, a badly needed increase in foreign direct investment and the 6-7 per cent growth rate needed to absorb the tens of millions of new workers who enter the labour force each year still seem a distant proposition.

Persistent periods of inaction on big reforms, critics point out, remain one of the primary reasons why Indonesia has taken so much longer than its neighbours to graduate.

Questions are still raised over the political will in Jakarta to tackle issues like endemic corruption and over what the World Bank and IMF continue to describe as a fragile judiciary and bloated civil service.

The white paper's implementation remains a key concern for donors and analysts who fear Jakarta's goodwill may evaporate with parliamentary and presidential elections next year.

Some economists say they fear the possibility that rising nationalism will trigger a populist attempt to hijack still- incomplete reforms.

One of the inspirations of that is Rizal Ramli, a former chief economics minister known for his vocal criticism of the fund. He argues that the long-term impact of the IMF's work in Indonesia has been seven to eight years of lost growth. The IMF also, he argues, made the fall of Suharto "bloodier" than need be.

The IMF itself now officially recognises that its early involvement in Indonesia was error-riddled. An internal review published in September found the fund's actions contributed to the 13 per cent fall in GDP in 1998 that made Indonesia the worst-hit of the Asian crisis economies.

"Exceptional circumstances" in Indonesia were largely to blame, the review's authors wrote. But the fund's work, they admitted, was "inadequate in many respects".

Daniel Citrin, the IMF's current lead man on Indonesia, argues that this criticism is partly unfair. Indonesia was the only crisis economy to face a concurrent political meltdown, he points out.

But this fact does little to appease the IMF's critics in Indonesia. As ministers signed Jakarta's last "letter of intent" with the fund this month, they did so to the sound of protests.

The protesters were not the only ones keen to see the fund gone, however. Inside the ageing central bank hall where the signing took place, ministerial aides exchanged simultaneous quips. "We want more IMF! We want more IMF!" one chanted mockingly to another as the ceremony got under way.

[Additional reporting by Taufan Hidayat.]

Book/film reviews

Intel: Examining Indonesia's intelligence services

Jakarta Post - December 14, 2003

[Intel: Inside Indonesia's Intelligence Service Ken Conboy, Equinox Publishing, Jakarta, 2004 253 pp.]

Imanuddin Razak, Jakarta -- Any book offering a new perspective and information on its subject is always interesting, and even more so when it discusses the activities of an intelligence agency, usually closed to the general public. It inevitably draws people's attention, leaving them anticipating the chance to learn a bit more about the cloak-and-dagger activities of spies and secret agents.

That is part of the attraction of this work by Ken Conboy, who previously authored a book on the Army's Special Forces (Kopassus), and it does turn out to be an intriguing read. Written in a non-scholarly, layperson-friendly style, the book reveals the wide range of activities of Indonesia's state intelligence agency, under its changing names, from BPI to KIN, Bakin, LIN and BIN today, and the "revolving door" of its officials and leadership.

Conboy provides a chronological detailing of the history and major events in the intelligence service, from the establishment of the agency, its development and covert activities, and the many reorganizations. There is more interesting information, including "side" activities not directly related to state espionage, such as the rescue of a son of a pharmaceutical company tycoon and the investigation into the currency counterfeiting activities in the country.

The book also reveals the rivalry between the institution, at that time called Bakin, and the military's intelligence body, Bais, especially during the leadership of Leonardus Benjamin "Benny" Moerdani in the Indonesian military.

All of this makes for captivating reading, but the book fails to identify the grand strategy of state intelligence, especially during the turbulent Soeharto presidency, and crucially lacks first-hand accounts from the two prominent intelligence chiefs, Yoga Sugama and Leonardus Benjamin "Benny" Moerdani, from the 1980s. Conboy did secure information about the two figures' leadership from books on them, media reports, through Bakin's case files and interviews with their subordinates; it's an admirable effort in itself but not quite the same as sitting down for one-on-one interviews.

It would have been a tall order anyway: An intelligence official to the core, Yoga has never swayed from a refusal to discuss the agency's activities, while Benny is ailing (and would be unlikely to open up anyway).

The book reveals the involvement of the state intelligence agency in monitoring and bugging the North Vietnam Embassy and the information office of the communist National Liberation Front (NLF) of South Vietnam in Jakarta in the early 1970s, securing information which was of particular interest to Washington.

Other controversial involvements were of Bakin's Special Operation (Opsus) Unit's surveillance activities in Cambodia's internal political affairs, as well as on the embassies of the North Korea, Cuba, China and the Soviet Union. Similar activities were directed at embassies and representative offices of Arab countries, especially in the wake of increasing international terrorism.

Although the lack of transitions between the subjects is jarring, Conboy's work is an interesting read as it complements the limited information about BIN, especially regarding foreign intelligence bodies and foreign agents. The author's previous position as deputy director at the Asian Studies Center, an influential Washington-based think tank on South Asia and Southeast Asia, helps him fill the "missing links" of the local intelligence agency's reports.

The development of the state intelligence body has been inextricably shaped by the involvement of the Central Intelligence Agency (CIA), whose instructors declared Indonesia's intelligence agents in 1980 as the most capable they had tutored in the past half decade; Israel's Mossad; and Britain's MI6. The growth of the state intelligence body also could not be separated from the fight against communism during the Cold War years because, according to Western intelligence reports, Indonesia was a "fertile breeding ground" for the ideology.

In reading the passages about the 1950s and 1960s, it must be remembered that there were two opposing Indonesian institutions -- now defunct Indonesian Communist Party (PKI) and the military -- that won the praise of many political and military analysts because of the strong discipline of their members and their organizations' good management.

Still, it's important for all readers to bear in mind that any divulged information -- reports, news, etc. -- is still part of intelligence activities, and it's always difficult to tell what is the truth from carefully constructed misinformation. Failure to use a fair dose of skepticism in reading some of the accounts may end up with us accepting a grand ruse.