Aceh

Komnas HAM reports Aceh abuses

Jakarta Post - May 1, 2004

Tiarma Siboro, Jakarta -- The National Commission on Human Rights (Komnas HAM) submitted to the government on Friday reports of human rights abuses since martial law was declared last May.

Komnas HAM Chairman Abdul Hakim Garuda Nusantara said that both the Indonesian Military (TNI) and the Free Aceh Movement (GAM) were committing rights abuses in the ongoing war.

"We have monitored the escalating violence in Aceh since May last year and filed reports on a series of rights abuses in the province," Abdul Hakim said after holding a meeting with government officials here.

The government issued a presidential decree in May 2003 declaring a state of emergency in Aceh and imposing martial law, where GAM rebels have been fighting for independence for the resource-rich province since 1976.

It also deployed over 40,000 military and police personnel in the province to fight some 5,000 poorly equipped Acehnese rebels, raising fears of rampant human rights abuses.

"The two warring parties, the TNI and GAM, should be held responsible for rights abuses in the province," said Abdul Hakim, underlining that "regardless of its non-state status, the secessionist movement has violated someone else's rights by holding hostages."

Abdul Hakim said rights abuses in Aceh could be put into five categories -- forced deportation of people, arbitrary arrest, forced disappearances, rapes and extra-judicial killings.

"We will immediately send a team to Aceh to hold further investigations into the reports and we expect to conclude the results in two months," he said.

During the meeting, the government was represented by acting Coordinating Minister for Political and Security Affairs Hari Sabarno and TNI Lt. Gen. Djadja Suparman. "The government took our reports seriously and promised to be cooperative," Abdul Hakim said.

After several months of relative peace, order and stability in the province as a result of an internationally brokered peace pact, President Megawati Soekarnoputri decided that peace was fostering separatism and so declared martial law on May 19, 2003 for an initial six-month period. She, along with the TNI brass, vowed to wipe out once and for all, the GAM secessionist movement in that time, but was forced to extend it for another six months in November after the military admitted it needed more time.

The TNI has claimed that 1,300 GAM fighters have been killed since then, while around 2,300 rebels have surrendered.

Despite the greater number of GAM members captured, the military thus far has confiscated just 1,000 weapons from the rebels, fueling speculation that government troops have been targeting civilians in their purge against members of the separatist movement.

Responding to widespread allegations of rights abuses in Aceh, Komnas HAM set up posts in Bireuen and Lhokseumawe regencies to receive accurate reports directly from the field.

Lhokseumawe is a regency where the Aceh Military Operation headquarters is located, while Bireuen is a regency the military has categorized as a GAM stronghold.

Military rescues two GAM hostages

Antara - May 1, 2004

Banda Aceh -- Military troops rescued two boatmen held by Aceh separatist rebels on Friday, a military spokesman revealed on Saturday.

"The two hostages are from neighboring North Sumatra province and have been identified as Subur Mardi, 42, and Zainal Abidin, 53," military operation command spokesman Lt. Col. Asep Sapari said in Lhokseumawe.

"The two men were held hostage for over two weeks on Langsa waters in East Aceh regency. The captors had demanded a ransom from the boat owner," he added.

Asep added that the troops found them on Friday while patrolling the waters by motorboat. The abductors fled when the troops approached.

"Following the liberation of the two boatmen, security forces will step up efforts to save other people held by Aceh rebels, including RCTI cameraman Fery Santoro," he said.

Government holds closed-door meeting on martial law

Jakarta Post - April 28, 2004

Tiarma Siboro, Jakarta -- Coordinating minister for political and security affairs ad interim Hari Sabarno chaired a closed-door coordination meeting at the Indonesian Military (TNI) on Tuesday to discuss a variety of security issues.

Those attending the meeting included TNI chief Gen. Endriartono Sutarto, National Police chief Gen. Da'i Bachtiar, Attorney General M.A. Rachman and Army Chief of Staff Gen. Ryamizard Ryacudu.

There was no media briefing after the meeting, but during a doorstep interview at the Office of the Coordinating Minister of Political and Security Affairs, Hari said later that they had discussed security issues in war-torn Aceh.

"This morning we, the authority of the Aceh martial law administration at the central government, held a meeting to discuss progress after the launch of integrated operations in the Aceh province.

"We evaluated all aspects and agreed to continue integrated operations in the troubled province, even if martial law in Aceh is reviewed," Hari said.

It remained unclear, however, why the meeting was held at the TNI headquarters in Cilangkap, East Jakarta.

Aceh martial law administrator Maj. Gen. Endang Suwarya, who was at the Office of the Coordinating Minister of Political and Security Affairs until early afternoon, was not invited to the meeting.

However, he has been summoned to discuss on Thursday alternative measures for Aceh, where the Free Aceh Movement (GAM) has been fighting for independence for the resource-rich province since 1976. Over 10,000 people have been killed since then.

President Megawati Soekarnoputri issued a decree in May last year on an integrated campaign, which included security and humanitarian operations, law enforcement and the restoration of local government.

The government also assigned an independent team to monitor operations in Aceh.

Despite strong opposition from rights campaigners and observers, Megawati extended in November the operation for another six months, arguing that the government had to maintain security in the province ahead of the April 5 legislative election.

Rumors have been circulating that the government will lift martial law and place the province under a state of civil emergency.

The Military has claimed that more than 1,300 GAM fighters have been killed since May 2003, with around 2,300 others surrendering to Indonesian authorities. It has also claimed to have confiscated around 1,000 weapons from the rebels.

Earlier, the Military said the number of guerrillas was about 5,000, equipped with around 2,000 weapons.

Asked whether the government planned to withdraw a number of troops from the province, Hari said: "We do not see that it will be appropriate to withdraw troops because GAM has not given up its fight for independence and none of the GAM leaders has been arrested."

Jakarta has on many occasions carried out military operations to quell GAM, which officially began its fight for Aceh independence in 1976.

Asked whether the government was taking into account reports by a government-sanctioned independent monitoring team in deciding future operations in Aceh, Hari said: "We are conducting further investigations into the team's recommendations and plan to deal with those deemed responsible for mismanagement.

"The authority to investigate cases lies with the police and prosecutors," he said, referring to allegations of widespread corruption in the implementation of operations.

House to ask government to slightly alter martial law

Jakarta Post - April 29, 2004

Kurniawan Hari, Jakarta -- The House of Representatives (DPR) is likely to recommend the government lower martial law in Nanggroe Aceh Darussalam to a state of civil emergency, given improving security and public order in the province.

The lifting of martial law, however, would not necessarily mean the withdrawal of troops from the resource-rich province.

Nearly 40,000 troops have been deployed to the province since the inception of martial law on May 19 last year to crush the Free Aceh Movement (GAM) separatist group, which has been waging guerrilla warfare there since 1976.

"The troops should be maintained in some areas regarded as under GAM influence in an attempt to improve the security condition there," Effendi Choirie, deputy chairman of the House's Commission I for defense and political affairs, said after an internal meeting here on Wednesday.

Separately, House Speaker Akbar Tandjung opined that the martial law status should be lowered to a state of civil emergency soon.

"We don't want to see the endless implementation of martial law in Aceh," Akbar said after a meeting with O.C. Kaligis, the lawyer of Aceh Governor Abdullah Puteh, who met him in connection with his client's implication in a graft case.

Effendi said that in a bid to get first-hand information on the progress of the integrated operation in Aceh, the commission had summoned martial law administrator in Aceh Maj. Gen. Endang Suwarya for a hearing on Thursday.

Endang, however, is unlikely to turn up because he has to attend a limited security meeting at the office of the coordinating minister for political and security affairs on the same day.

The government imposed martial law on Aceh on May 19 last year for six months but later extended it for another six months. President Megawati Soekarnoputri has indicated that the status will be lifted when it expires next month.

Despite its earlier promise, the military failed to prevent civilian and noncombatant casualties. Sori Ersa Siregar, an RCTI journalist, was shot dead by military troops while being held hostage by GAM last December.

Fery Santoro, an RCTI cameraman is still under the captivity of GAM.

Interim coordinating minister for political and security affairs Hari Sabarno said on Tuesday the government might end the martial law status.

The government, however, would continue the integrated operation, which consists of a humanitarian operation, law enforcement, bureaucracy empowerment, and security restoration.

The minister said the government had summoned the Aceh martial law administrator for a meeting on the matter on Thursday.

The outcome of the meeting would immediately be forwarded to President Megawati.

Hari said the government considered the integrated operation in Aceh a success, as it had returned social and political life in the region to normal.

Hari added that whatever decision was taken by the President regarding the martial law status, the government would continue the military operation because local people hoped the already conducive situation would be maintained.

Besides, many separatist group leaders are still on the run, although they no longer dare to confront the police or military openly, Hari added.

Aceh activists come under fire

Jakarta Post - April 27, 2004

Jakarta -- Researcher George Aditjondro blamed on Monday Acehnese activists for fleeing their homeland and failing to provide the press with information on what was really happening in the province.

"The press has long been criticized for failing to cover both sides. This is unfair, because Acehnese activists have been unable to provide data to the press," George addressed dozens of Acehnese activists in a seminar on press coverage of the war-torn province.

Reports of human rights abuses have been rife in Aceh since the imposition of martial law in May 2003. However, no independent verification could be made due to the government-imposed restriction against media and observers.

Cetro to complain over military intervention in elections

Detik.com - April 28, 2004

Luhur Hertanto, Jakarta -- The Center for Electoral Reform (Cetro) is to lodge a complaint with the Constitutional Court over intervention by the Aceh Emergency Military Command (PDMD) into political parties and the National Election Commission (KPU) in the Aceh general elections.

Cetro said that these practices show that the PDMD went far beyond its authority as the body responsible for ensuring security during the elections. "They were involved in the organisation [of the elections], while in fact the KPU gave no such mandate [to the military]", said Cetro's executive director Smita Notosusanto on Tuesday April 27.

Cetro's joint monitoring team, Aceh Election Watch, the Aceh Working Group and Indonesia Human Rights Watch (Imparsial) have found a number of ways in which the PDMD intervened in the 2004 general elections such as prohibiting the political parties from conduction socialisation on voting procedures on the grounds that many [people would then know how to] damage ballot papers [to invalidate their vote]. If they did this, the head of the political party in question would be accused of being a member of the Free Aceh Movement (GAM) and attempting to thwart the elections.

Intervention in the KPU included determining whether or not a person was able to become a candidate legislative member. In addition to this, the PDMD also determined the location of polling stations and only informed the KPU of their location two days before the vote. "As result there were polling stations setup in places where they should not have been, such as places of worship and military posts", added Notosusanto.

Other forms of intervention including placing armed personal at polling stations including behind voting booths so that the military personal concerned could see who voters selected. This automatically wiped out the principle of voter confidentiality.

"Even the Election Monitoring Committee must be prohibited from entering a polling station", added Election Monitoring Committee member Topo Santoso. The Election Monitoring Committee also reported that there were indications of intimidation by the PDMD against Acehnese people such as mobilising people to go to polling stations by threatening them.

Furthermore, the PDMD specifically formed militia groups on the pretext of maintaining security, such as Public Security Officers (Linmas), the Anti-Separatist Front (BAS) and the GAM Separatist Resistance Front (FPSG). The selection of militia members was carried out forcibly by military personnel.

On the day before the elections, they surrounded people's hoses with aim being to intimidate them into voting the next day, even including people who were sick and bed-ridden. "People who did not get their fingers marked with ink [to show that they had cast a vote] the next day had a big problem', explained Notosusanto as she displayed photographs of people being mobilised by the military.

Because of the actions by the PDMD, it is not surprising that the percentage of Acehnese citizens who cast votes was quite high, that is as high as 84 per cent. "But that also abrogated the right of voters not to vote", she continued.

As is known, the figure of 84 per cent is itself far lower than the figure claimed by army chief of staff General Ryamizard Ryacudu who has stated that the percentage of Acehnese who cast votes was as high as 94 per cent. With regard to this discrepancy, Notosusanto criticised the PDMD's data which was quoted by Ryacudu as being inaccurate. (ani)

[Translated by James Balowski.]

West Papua

Perspective: Raising the stakes in fight for West Papua

Australian Financial Review - May 1, 2004

Brian Toohey -- The appointment of a new police chief in western Papua might seem of little interest to the British Foreign Office. When Timbul Silaen's appointment was announced on December 1 last year, however, the Foreign Office had good reason to take notice. Silaen had been the police chief in East Timor when Indonesian-controlled militia went on a violent rampage against independence supporters in 1999.

At that time, the Red and White Defenders Front, led by Eurico Guterres, was one of the main perpetrators of the violence which was largely orchestrated by Indonesia's Kopassus Special Forces. Guterres and his militia group have now shifted to West Papua (Irian Jaya) where Kopassus is behaving with its familiar brutality. The Islamic extremist group sponsored by the military, Laskar Jihad, is also active.

At the strong urging of the United States Congress (but not the Bush White House) the FBI is continuing to investigate Kopassus' alleged involvement in the August 2002 murder of two American school teachers while picnicking near the huge Freeport copper mine on the southern side of West Papua. Other Kopassus soldiers have been found guilty of the torture and murder of the West Papuan leader Chief Theys Hijo Eluay in November 2001.

None of which provides a comforting backdrop for those concerned about human rights or a stable investment climate. With British Petroleum keen to develop an estimated $22billion worth of gas reserves on the north-west coast of West Papua, the Foreign Office's interest in the signal sent by Silaen's appointment becomes understandable.

According to one of the exiled leaders of the West Papuan independence movement, John Ondawame, he received a good reception from the Foreign Office in London earlier this year. Ondawame told the Weekend AFR that the Foreign Office wanted a "new friendship with the people of West Papua" and appeared "concerned about human rights violations and the lack of progress towards autonomy". Although the Foreign Office does not support full independence, Ondawame said it appeared to understand that political problems for British firms would continue so long as the current level of Indonesian dominance remains. Ondawame said he also detected a shift in interest and understanding in other European capitals he visited on the same trip. The Blair government is turning a blind eye to violations of the supposed ban on the use of British military equipment to kill independence supporters in the Indonesian province of Aceh. However, a Sydney University specialist on West Papua Dr Peter King says commercial considerations coincide with human rights concerns in the Foreign Office's approach to West Papua.

Apart from BP's natural gas project, the Foreign Office is also well aware that the British/Australian mining giant Rio Tinto is a partner in the world's most profitable copper and gold mine at Freeport.

According to Jim Emslie, the author of a recent book Irian Jaya Under the Gun: Indonesian Economic Development versus West Papuan Nationalism, BP wants to avoid the problems which have beset Freeport which relies on the Indonesian military to provide it with security services.

Emslie says BP wants to employ locals to handle security in an effort to avoid the heavy-handed approach of the military which has caused deep resentment among villagers around Freeport. Employing local security staff might also help avoid demands from the military for unofficial pay-offs. With the former dictator Soeharto out of the way, pressure for political pay-offs may be less blatant. But the military has strongly rejected BP's attempts to organise its own security for the gas project which is yet to get the final go-ahead.

One obvious difference between West Papua and East Timor is that the latter was never part of the Dutch colonial empire but was only incorporated into Indonesia following the 1975 invasion. Nevertheless, West Papua did not become part of the newly independent Indonesian nation in 1949. After World War II, the Dutch re-established colonial rule over a population which is ethnically and religiously distinct from most of the rest of its East Indies empire.

In 1951, the Dutch government embarked on a development program intended to bring about self government and ultimately independence. On December 1, 1961, an elected People's Congress adopted the Morning Star flag as part of what many Papuans regard as a declaration of independence. However, formal sovereignty was retained by the Dutch who were aiming for full independence by the end of the decade.

Initially the Menzies government decided that Australia's strategic interests were best served by an independent West Papua. However, regardless of the hopes placed in the Anzus Treaty, it could not gain US support for military action in coalition with the Dutch to prevent an Indonesian take-over.

In April 1962 Indonesian paratroopers invaded, but were beaten off by the Papuans. Despite this blunt sign of rejection, West Papua was handed over to the United Nations to administer from October 1962 until Indonesia assumed control in May 1963.

The condition of the handover was that the Papuans were supposed to decide on incorporation into Indonesia within five years. This so-called Act of Free Choice did not occur until 1969. It is widely accepted to have been a sham involving the Indonesian coercion of 1025 local stooges who unanimously accepted incorporation on behalf of the rest of the population.

Many observers now agree that support for independence among Papuans has grown stronger the longer Indonesian rule has been imposed. According to Emslie, who has travelled extensively in West Papua, there is almost complete Papuan support for independence, even if many do not see it as a realistic prospect. But the position is complicated by the presence of a large number of migrants from other parts of Indonesia who have legitimate concerns about how they would fare in an independent West Papua.

Few Indonesian politicians support full independence. An exception was Mohammed Hatta, one of the authors of the Indonesian constitution when independence was achieved from the Dutch. Hatta, who initially served as president Soekarno's vice president and de facto prime minister, feared that the inevitable tensions meant that incorporation would not be worth the candle. In essence, Hatta argued that there was no reason for Indonesians to accept as immutable the boundaries left over from the Dutch colonial era.

However, some Indonesian leaders are willing to accept that a form of autonomy could be preferable to continued dominance from Jakarta which is seen by many Papuans as a continuing form of colonialism. In 2001 president Wahid accepted this view and adopted a "special autonomy plan" which would create a locally elected assembly and the right to raise the Morning Star flag.

The Howard government supported Wahid's move. But no progress has been made under President Megawati Soekarnoputri, who has favoured renewed repression from Jakarta.

Although the Howard government stresses that it fully supports the territorial integrity of Indonesia, it has not abandoned its support for Wahid's proposal which was enacted as law in 2001. The Foreign Minister, Alexander Downer, repeated this position in a meeting with his Indonesian counterpart Hassan Wirajuda in Bali in February.

Downer has since taken the unusual step of inviting Emslie's publisher Tony Crawford to lunch to discuss the situation in West Papua. Although Crawford says Downer emphasised his clear opposition to independence, he was interested in obtaining further information about the recent history of West Papua.

Nothing too much should be read into Downer's willingness to discuss differing views on this issue with the owner of a small publishing firm who is a strong supporter of independence. But it does suggest he is far more aware than many Australians of what's potentially at stake in West Papua. Although Australia has commercial interests in the province, it has far bigger grounds for concern than the distant Foreign Office about the repercussions from any savage military crackdown on independence supporters.

Attempts to improve relations with Indonesia would be severely damaged if violence occurred on the scale inflicted on East Timor in 1999. The Australian public could be expected to become particularly anxious if an aggressive military presence in West Papua led to added pressure on Papua New Guinea to do Jakarta's bidding.

Relations with Indonesia will become more brittle if ex-general Wiranto wins the July 5 presidential election. Wiranto, who is the candidate for Soeharto's old party Golkar, may turn out to be more moderate than anticipated if he wins. But his track record as commander-in-chief of the Indonesian military during its campaign of terrorist atrocities in East Timor in 1999 gives little cause for optimism. In these circumstances, increased European support for autonomy and peaceful dialogue in West Papua is a welcome development for Downer.

But the Bush administration is more relaxed about the prospect that the Indonesian military will become more brutally assertive in West Papua. The White House's goal is to achieve a commitment from the Indonesia military to be tough on terrorist groups (other than

Laskar Jihad). As the Menzies government discovered, there are some occasions when US support in dealing with Indonesia can't be taken for granted.

Future of Papua at risk

Jakarta Post - April 30, 2004

Jayapura -- Most of people in Papua living with HIV/AIDS are between 5 years and 29 years of age, or in their productive years, numbering 746 or 51 percent out of a total 1,454 people with AIDS in the province, according to government data.

The group was followed by people between 30 to 39 years of age, numbering 361 and people 40 to 49 years of age, or 109, according to the data available at the Papua provincial health office. The figure has raised concern about the future of the province.

Promiscuity was the main cause of the spread of HIV/AIDS in Indonesia's westernmost province.

Traditional Papuan war dance rocks UN office in Jakarta

Fpdra.com - April 28, 2004

Alisa P., Jakarta -- Scores of activists from the Papuan National Student's Front (Front Nasional Mahasiswa Papua, FNMP) held a demonstration at the United Nations offices in Jakarta on Tuesday 27. The action which included Papuan traditional dances became more and more lively especially since a number of the participants wore traditional Papuan dress including penis sheaths and other traditional attire.

During the action they carried banners with messages demanding an investigation in to the Abipura village case which represents the worst human rights violation in West Papua. In a statement which was handed out to journalists, FNMP also called for an immediate end to martial law in Aceh and an end to the planned division of Papua [into three smaller provinces]. In addition to this they also demanded an immediate resolution to the Aceh and Papua question though democratic means, that is though a referendum.

The leader of the FNMP action, Charles Imbir, said that the action was also calling for a commitment from the UN on [resolving] human rights problems in Aceh, Indonesia and Papua in particular. As well as this we also wish to state that we support Acehnese and Papuan national liberation through a democratic means, through a referendum. Imbir added that FMNP also opposes presidential candidates from the military.

Also present at the action was the chairperson of the People's Democratic Party (PRD), Ari Arianto, who said in a speech that it is time for the democratic forces to give their support to the Papuan and Acehnese people's struggles and that it will only be a united government of the poor will have the courage to give the people of Aceh and Papua the chance to hold a referendum. Arianto's speech received a warm response from participants.

The action was tightly guarded by police and members of the TNI (armed forces) could also be seen. After giving speeches and holding a Papuan war dance in front of the UN offices the participants disbanded.

[Translated by James Balowski.]

Labour issues

Workers demonstrate at national parliament on May Day

Tempo Interactive - May 1, 2004

Jakarta -- Around 1,000 workers from scores of different organisations demonstrated in front of the national parliament in Jakarta on Saturday May 1. During the action, the workers shouted and listened to a series of speeches by a number of labour activists.

The workers demanded that the government abolish the system of contract labour, increase wages, end mass dismissals and give workers the right to join trade unions. In addition to this, the workers also demanded that Law Number 13/2003 on Labour Affairs and the 2004 law on the resolution of industrial disputes be revoked.

According to labour activists Nining Elitos from the Association of Independent Trade Unions (Gabungan Serikat Buruh Independen, SBSI), the action was held at the national parliament in order to pressure legislators to listen to worker's demands."The [anti- worker] regulations were made by the government and the DPR [People's Representative Assembly] weren't they, so we hope that the people's representatives will immediately implement our demands", he said.

The action which began at mid-day, blocked traffic on Jalan Gatot Subroto from Semanggi to Slipi and extended as far as the Jalan Gerbang Pemuda. In addition to the demonstration itself, the traffic jam was also caused by the scores of busses and trucks which had brought workers to the demonstration which were parked in front of the parliamentary building. In order to ensure security at the demonstration, the Jakarta metropolitan police deployed two companies of security personnel.

[Translated by James Balowski.]

Labour groups commemorate May Day in Jakarta

Tempo Interactive - May 1, 2004

Istiqomatul Hayati, Jakarta -- Thousands of workers came out into the streets to commemorate May Day on Saturday May 1. Demonstrators began gathering at three points in the city, at the parking lot of the Danamon Aetna building, the national parliament and the Hotel Indonesia roundabout then began linking up in front of the Radio Republic Indonesia radio station at 11.30am.

The workers came from a number of areas in Greater Jakarta and West Java and included workers from the informal and informal sector, Indonesian migrant workers, factory workers and workers who have been victims of mass dismissals.

One contingents at the demonstration included some 2,000 workers from [state-owned aircraft company] PT Dirgantara Indonesia who were dismissed [last year as part of a government `restructuring' program]. They set off for Jakarta from the West Java provincial capital of Bandung on Friday at 5.30am traveling in convoy of motorcycles and cars and were able to attend Friday prayers in nearby Bogor before arriving in Jakarta at 4pm.

The ex-Dirgantara Indonesia employees then linked up with ex- Hotel Indonesia employees who had been "sent home" because the hotel is being renovated. The workers have been living in the hotel's parking lot.

[As is usually the case in demonstrations in Jakarta], the commemoration of May Day also did not fail to create a traffic jam. Congestion was experienced from Jalan Sudirman in front of the Atmajaya Catholic University to Jalan Merdeka Barat. A part of the road had been cleared exclusively for rally so a result the Jakarta busway [which is reserved for express busses] between Jalan Merdeka Barat to the Indosat building had to used by motorcycles and cars.

The worker's demands included calling for the cancellation Law Number 13/2003 and Law Number 2/2004 on labour affairs warning that that welfare of contract workers was not guaranteed [under these laws]. The workers also demanded an end to discrimination against Indonesian migrant workers, the closure of Terminal III at the Soekarno-Hatta airport [which deals with the arrival of overseas workers], opposed the construction of a new terminal for migrant workers in Ciracas, East Jakarta, and called on the state to fulfil its obligation to provide for worker's safety on the job.

May Day was also commemorated by the Labour Movement for Reform (Gerakan Buruh untuk Perubahan) which is made up of the Tangerang Labour Forum, the Serang Worker's Union, the Bekasi Workers, the Marunda Workers, Indonesian Migrant Workers and the Union of Migrant Workers and Indramayu Families. Not wanting to be left behind, the action was also joined by the Independent Journalist Alliance and the Islamic Students Association. The demonstrators carried a number of banners and labour organisation flags such as the Indonesian National Labour Front. Alongside the flags and banners, they also carried a shroud stained with blood.

The action was not just aiming at the government of President Megawati Sukarnoputri but it also rejected presidential candidates [from a military background such as recently retired coordinating minister for politics and security] Susilo Bambang Yudhoyono and [former armed forces chief] Wiranto.

[Translated by James Balowski.]

'War on terrorism'

Police arrest Bashir, to face bombing charge

Agence France Presse - May 1, 2004

Indonesian police re-arrested radical Muslim cleric Abu Bakar Bashir moments after he stepped free from prison and said he would be charged with the Bali bombings and other terror attacks.

Paramilitary police in riot gear fired tear gas and water cannon to disperse hundreds of rock-throwing supporters outside Jakarta's Salemba jail before Bashir emerged after serving a sentence for immigration offences.

He was immediately detained under a tough anti-terror law which allows detention without trial for six months. "God's will must be accepted," the white-bearded cleric told reporters after he was taken to national police headquarters by armoured vehicle.

Police said Bashir, as alleged former leader of the Al-Qaeda- linked Jemaah Islamiyah (JI) network, would be charged with the Bali nightclub attacks which killed 202 people in October 2002. Most victims were young Western holidaymakers.

Asked what charges Bashir faced, national detective chief Suyatno Landung said: "Many cases from 1999 to 2002, [including] that one in Bali." Ansyaad Mbai, who heads the security ministry's anti- terrorism desk, told AFP Bashir would face charges relating to "terrorism cases in Indonesia, starting in 2000 until the Bali bombing and the Marriott bombing."

"The culprits are JI and JI is led by him. That is the connection," Mbai said. "Now the police have proof that Abu Bakar Bashir is the leader of JI." Mbai said an indictment would include the Bali blasts; the Marriott hotel bombing which killed 12 people in Jakarta last August; the Christmas Eve 2000 church bombings which killed 19 people and other attacks.

Pranowo, a director of the police anti-terrorism branch, said an arrest order was being prepared for a period of four months, according to Detikcom news service. "If necessary, it can be extended for another two months," he said.

The US, Australian and Singapore governments had expressed concern at Bashir's scheduled release. An appeal court last November overturned his conviction for involvement with a JI plot and upheld only minor immigration charges.

Australia's foreign ministry hailed the arrest as "a further sign of the Indonesian government's commitment to bring the perpetrators of terrorist violence to justice." But Muhammad Assegaf, one of Bashir's lawyers, described the new evidence cited by police as "nonsense" and criticised police tactics.

Some 600 police arrived at the prison before dawn. At first they tried to negotiate with an estimated 700 supporters shouting "Allahu Akbar!" (God is greatest). Water cannon began spraying the crowd, who responded with rocks and bottles. "We are ready to die as martyrs!" screamed some.

Police said 42 Bashir supporters, some with bloodied clothes, were arrested. News reports said nine Bashir followers were taken to hospital and 24 received first aid. Police said 32 of their officers needed hospital treatment after the clash, which left vehicle windows smashed and streets littered with debris.

Bashir, known for his fiery rhetoric against Washington and other perceived infidels, reacted calmly when shown the arrest warrant outside the jail. "Yes, sir," he said. "There is no problem." But another lawyer complained procedures had been violated. "This is not an arrest, this is kidnapping," said Achmad Khalid.

At police headquarters Bashir chatted with his attorneys as he waited for his questioning to begin, according to another member of his legal team, Muhammad Ali. "I'm sure ustadz [teacher] will refuse to answer any questions. He only wants to testify in court," Ali said.

Hardline and some mainstream Islamic groups, as well as Bashir himself, accuse Jakarta of bowing to US pressure to re-arrest him. At the Al-Mukmin Islamic boarding school which Bashir co- founded and which has numerous terror suspects among its alumni, the flag flew at half-mast, according to Antara news agency.

A court last September jailed Bashir for four years for involvement in a JI plot to overthrow the government but said there was no proof he led the network. An appeal court overturned the treason conviction but ruled that Bashir must serve three years for immigration-related offences. Last month the Supreme Court halved that sentence.

Last detained Bali bomb suspect to stand trial

Agence France Presse - April 27, 2004

An Islamic militant accused of involvement in bombing Bali nightclubs and Jakarta's Marriott hotel went on trial in the Indonesian capital and could face the death sentence if found guilty.

Jhoni Hendrawan, alias Idris, is the last detained Bali bomb suspect to stand trial. He is charged with planning the Bali bombings by attending several meetings along with other suspects between August and September 2002.

He also detonated a bomb that did not claim casualties near the US consulate in the resort island on October 12, 2002, prosecutor Tubagus Arief said.

The bomb exploded almost simultaneously with two other devices which killed 202 people, mostly young foreign holidaymakers, in the Kuta nightclub strip. Hendrawan, 30, also allegedly took part in a survey to pick targets for the bombs.

The Al-Qaeda-linked Jemaah Islamiyah (JI) is blamed for the Bali bombings and the attack on the Marriott hotel last August which killed 12 people. The attacks were staged to avenge perceived Western oppression of Muslims.

Hendrawan, in comments to AFP before the trial began, admitted that he was involved in some bombings. "What is clear we carried out some of those [bombings]," he said. "Those were intended to remind them not to treat Muslims tyranically." But he said alleged JI chief Abu Bakar Bashir was not involved in the Bali bombings. "I can only pray that he be granted salvation by Allah," he said.

Prosecutors also charged Hendrawan with transporting 130 kilograms of explosives which were later used in the Marriott blast.

He could face a death sentence if convicted of the Bali bombings and 20 years if found guilty of involvement in the Marriott attack.

Hendrawan's trial had been transferred from Bali to Jakarta because of his alleged involvement in the Marriott blast.

Courts in Bali have sentenced 33 people for the bombings there. Three people were sentenced to death by firing squad, four others were given life sentences and the remainder received jail terms ranging from 16 years to three years.

Several key Bali suspects are still being hunted, including Malaysian explosives experts Noordin Mohammad Top and Azahari Husin who are also accused of involvement in the Marriott blast.

Muslim scholar warns of Islamic backlash

Radio Australia - April 26, 2004

One of Indonesia's most senior Muslim scholars has warned that a failure to release jailed cleric Abu Bakar Bashir could result in an Islamic backlash. The Vice-Chairman of Mohammadiyah says Indonesian authorities have come under international pressure to keep the cleric behind bars.

Presenter/Interviewer: Marion MacGregor

Speakers: Din Syamsuddin, Professor of Islamic politics at the National University of Indonesia and the vice chair of Mohammadiah

MacGregor: Abu Bakar Bashir is due to be released from Jakarta's Salemba prison this Friday, after serving eighteen months for immigration offences. Thousands of the cleric's supporters across the country are excitedly awaiting his release.

But the United States and Australia, among others, believe that Mr Bashir is the spiritual leader of Jemaah Islamiyah, the group blamed for the 2002 Bali bombings, and they want Mr Bashir to remain behind bars while they try to prove it.

Din Syamsuddin, deputy head of Muhammadiyah, the country's second-largest moderate Muslim group, says the US ambassador to Jakarta has approached Muslim leaders, including Muhammadiyah's Chairman, asking them to help prolong Mr Bashir's detention. While Muslim leaders are unlikely to comply, foreign pressure on the Indonesian authorities could still see the preacher detained beyond Friday.

Last week police formally named Mr Bashir a terrorist suspect, and they're expected to begin questioning him soon. Din Syamsuddin says that won't go down well in Indonesia.

Syamsuddin: "Maybe the two governments of the countries, Australia and the United States will insist that, but really here in Indonesia, there'll be great resistance, bitter resistance, and anti Americanisms maybe also anti-Australianisms, because they perform injustice and unfairness."

MacGregor: The list of injustices is long, say Mr Bashir's supporters. For example, they point out that the US refuses to send another terrorist suspect, Hambali, to Indonesia for interrogation. Yet Indonesian police are planning to question Mr Bashir using US transcripts of Hambali's interrogation. Indonesia's resistance to foreign interference is likely to favour Mr Bashir. And in the world's most populous Muslim country, it's enough to have turned him into an icon. But contrary to perceptions in the West, Professor Syamsuddin says other more important factors are affecting the course of Islam in Indonesia.

Syamsuddin: "Indonesian Islam is complex and Abu Bakar Bashir doesn't serve as a determinate factor, but the way we handle the problem like the issue of terrorism, war on terror are the main factors and the determining factors that encourage radicalism. Not only among the Muslims, but among the people of the world. So these are the real challenges for the world that we are facing. The accumulative global damage stems from the world system, engineered by the three powers like the United States."

MacGregor: Outsiders continue to reduce Islam in Indonesia to a group of extremists with Abu Bakar Bashir at its head. Yet Mr Bashir and the group he leads Majlis Mujahadeen Indonesia have advocated the adoption of Islamic Sharia law in Indonesia, but not the establishment of an Islamic State.

Professor Din Syamsuddin says this puts them somewhere in the middle of the spectrum in the broader debates taking place among the country's Muslim leaders.

Syamsuddin: "So it's not in my opinion in my conclusion far extremism as compared for example to those groups who proposed the Islamic state during the fifties in Indonesia. So it's merely aspiration for the Muslims to perform an Islamic Sharia and I have contact to these groups that have inclination to perform Islamic Sharia that they have different opinions, perceptions and definitions towards Islamic Sharia, Shariate Islam. Because there's increasing emphasis law, Islamic Sharia law, and in my opinion and other Muslim leaders here from the mainstream see it as a reduction to Islam, because Islam is much more than law, Islam emphasises ethics and moral values. So this only small, I mean this call among the Muslims and it's a good thing in the sense of democracy, if we are going to discuss it and to come closer to the truth."

Standoff as police try to question terror suspect Bashir

Agence France Presse - April 26, 2004

Indonesian police postponed plans to question jailed Muslim cleric Abu Bakar Bashir as a terrorism suspect after he and his lawyers complained that the summons was legally flawed.

"Allahu Akbar!" (God is greatest) shouted about 50 supporters of the elderly cleric Monday as police announced the delay outside Jakarta's Salemba prison.

"Fight American intervention," read posters displayed by members of the Islamic Defenders Front and other supporters from the Javanese city of Solo. "Drag and hang Bush," read one placard.

Bashir, 65, is due to be freed on Friday after serving a sentence for immigration offences. But this is uncertain after police formally declared him a terrorism suspect.

The United States and other foreign governments say Bashir led the Al Qaeda-linked Jemaah Islamiyah -- the group blamed for the Bali nightclub bombings of October 2002, in which 202 people died, and for a string of other deadly attacks.

Hardline and some mainstream Islamic groups say police are being pressured by the United States to keep the cleric behind bars.

Mohammad Assegaf, a lawyer for Bashir, said a police officer visited the jail earlier Monday to try to serve a summons. But they rejected it since it was only issued Sunday night. He said that by law police must submit a summons three days before a planned interrogation.

Had they allowed Bashir to be taken to national police headquarters for interrogation, investigators might have continued detaining him till Friday, he told reporters. "On that day they could issue a new arrest warrant," said Assegaf, who insisted that his client has the right to walk free on Friday.

National police spokesman Bashir Barmawi said police plan to question Bashir sometime this week and would only determine his status afterwards.

"We have not yet decided on anything. We will first interrogate him, demand information and the result of the interrogation will determine what will be his status after the 30th [Friday]," Barmawi said. Last week Bashir promised to cooperate with the police investigation as long as they did not try to keep him in jail during the inquiry.

"If I am detained, I will refuse to be questioned by police because my detention will only please America because they intend to make an enemy of Islam," he said.

An appeal court quashed Bashir's original conviction for involvement with a Jemaah Islamiyah plot but police now say they have new evidence.

A spokesman for the Indonesian Mujahideen Council, which Bashir heads and which campaigns for Islamic law, told AFP the police were disregarding court decisions. "What they are doing is clearly an insult and they are being pressured by the United States. Our police have become lackeys of the US," he said.

2004 elections

Voting is sweet agony in Indonesia

Straits Times - May 2, 2004

Devi Asmarani -- It was a week before the April 5 election and a group of women was attending a workshop on political empowerment in Tentena, a charming highland in Central Sulawesi that has turned into a refugee town after religious conflicts in neighbouring Poso.

I had been talking with Mrs Yoce Donggulo, 27, and her three friends during the lunch break, but I sensed they were not quite happy with our discussion.

Finally, Mrs Yoce said rather apologetically: "Could we ask you a question now?" Sure, I said. "As a journalist, and as someone who shares our faith," she said, "which party do you think we should vote for? We are confused because there are so many parties, you see. In the past we voted for Golkar, but we no longer trust it because when we fled our homes and our farms for the refugee camp here, no one paid attention to us. So could you please help us decide?"

I was amazed that she felt a strong enough urge to pose the question. These women have been living in a shantytown with thousands of other Christian refugees for the past four years, yet they still feel compelled to vote for the "right" party.

They proved wrong what sceptics and commentators in Jakarta believe: that the grassroots, especially in the outlying provinces, are mostly irrational voters whose choices are affected by either tradition or money.

I met many others like Mrs Yoce and her friends while covering the election in the eastern provinces.

They were passionate about their political choices, and the best part was, they did not have the pessimism of so many city dwellers in Jakarta and other major cities in Java.

While some celebrities in Jakarta openly say they did not vote because they did not believe in any of the parties, not voting would have been almost unthinkable for them.

The reason for their enthusiasm to vote, other than the fact that it is a tradition, is perhaps a yearning for change. The past five years have seen prices shooting up, sectarian conflicts and separatism on the rise, terrorism wreaking havoc and graft worsening. But change does not always mean new. Some long for a return to the relatively stable years of the Suharto era. Many people I interviewed in the provinces expressed yearning for those years, if not for any other reason than the economic prosperity and political stability it offered.

In Tokorondo, a Muslim village near Poso, a group of refugees in a squalid camp told me they would vote for retired general Prabowo Subianto in the July presidential election because he was Suharto's son-in-law.

When told that he was separated, and quite possibly divorced, one man defended his choice: "Well, still, he has some Suharto connection, and plus he's from the military." This view reflects the prevailing sentiment: Stability is often associated with the military.

The election is two months away and they could change their mind before then. But I'm certain many Indonesians are keen to use their right to elect their president directly for the first time. And I suspect Mrs Yoce and her friends would have even greater problems deciding.

Gus Dur loses appeal against health ruling

Agence France Presse - May 1, 2004

Jakarta -- Indonesia's Supreme Court yesterday rejected former president Abdurrahman Wahid's appeal for a judicial review of a health rule for candidates.

The decision dealt another blow to his hopes of making a comeback.

Earlier this month, the Constitutional Court also threw out a challenge by the near-blind Gus Dur -- as Mr Abdurrahman is known -- to the rule, which required presidential candidates to be in good health.

The physical and mental health standards had been set by the election commission.

Gus Dur and his supporters argued that the rule violated the Constitution and the United Nation's Declaration on the Rights of Disabled Persons. Blind people had demonstrated in support of the former president.

An official read out the court verdict before two of Gus Dur's lawyers yesterday, Detikcom news portal said.

Gus Dur underwent a health check on Thursday but doctors have not announced the results. His National Awakening Party was in third place after the April 5 legislative election.

In the past, Gus Dur had tried to curb the military's power but ended up being seen as an erratic leader. The Parliament that elected him to office in 1999 voted him out in favour of his deputy, Ms Megawati Sukarnoputri, in 2001.

Opinion: The impact of Wiranto's presidential bid

Jakarta Post - April 29, 2004

Bantarto Bandoro, Jakarta -- To the surprise of many, domestically and internationally, Gen. (ret.) Wiranto trounced Golkar Party leader Akbar Tandjung in the party's first-ever internal election, making him a strong contender for the presidential position. He is now positioned as one of two former generals with the best chance to beat Megawati Soekarnoputri for the presidency. The other ex-general, Susilo Bambang Yudhoyono, is leading Megawati and Wiranto in the popularity polls.

It will be interesting to see what impact Wiranto's victory -- the message sent out by the Golkar convention -- has on the strategies of other presidential candidates and their political parties.

Many used to associate Golkar with the glory days of ex-dictator Soeharto, but its profile has changed considerably since the fall of its patron.

The party has gone through a long process of redefining its position in the political spectrum, making the necessary internal adjustments to keep pace with the current wave of reformation.

Golkar's decision last year to launch a convention reflected the awareness of its leaders the party's image should be changed through a series of internal democratic reforms. These changes would help rebuild the public trust it had lost during the Soeharto era.

The nomination of Wiranto came out of a built-in democratic process, one that allowed convention delegates to freely express their preferences as to who was Golkar's best presidential candidate.

Wiranto, while still under the shadow of international war crime accusations, will have to convince the public in the next election that he can lead the country into stability and provide firmer foundations for future democratic and political reform.

The reason for Wiranto's appeal is that there is something of a nostalgia in the country for what was perceived as the strong leadership under Soeharto, a yearning for greater political stability and a return to economic growth. It reflects a view in some parts of Indonesia that the country needs strength and decisiveness in government. Wiranto, as the former head of the Indonesian military, fits their bill.

Many people here are also disappointed with Megawati's leadership and see Wiranto as someone who can keep Indonesia together and deal with all the forces that would threaten the country's national integrity or unity. The challenge for Wiranto, therefore, will be to strike a balance between the need for national stability and the imperative to keep the democratization process moving.

The problem with Wiranto's bid for the presidency is not so much about his Military background -- that he represents a stumbling block for the development of democracy, as feared by many here. It is much more about the possible impact of his presidency on Indonesian foreign relations.

The possibility that Wiranto succeeds in keeping democracy on track will not automatically eliminate the perceptions of some members of the international community he is a war criminal.

Last year, United Nations-funded prosecutors in East Timor indicted Wiranto on charges of war crimes against humanity, claiming he bore the ultimate responsibility for the Military- backed slaughter and destruction that occurred during Indonesia's bloody withdrawal from its break-away province in 1999.

Such accusations were bluntly denied by Wiranto and it seems unlikely he will face this court. Some members of the international community are angry, claiming the Indonesian government lacked the will to respond properly to allegations Wiranto was responsible for the devastation in East Timor.

Wiranto's candidacy is thus controversial outside the country. It could cause severe rifts in Indonesia's relationship with the United States, Europe, Japan and Australia and New Zealand. If the world still believes Wiranto is a possible war criminal, he will definitely have a hard time, especially in Western countries. Wiranto, however, is unlikely to have problems in countries like Myanmar or China.

Wiranto's candidacy is a big political blow to East Timor. East Timor Foreign Minister Jose Ramos Horta visiting Melbourne recently, reacted strongly to the announcement, saying if Wiranto became Indonesian president it would put East Timor and Indonesia in an extremely awkward situation. There is no doubt Indonesia's relation with East Timor would certainly face problems.

If Wiranto was elected Indonesia's president, Indonesia would face severe challenges, particularly from outside the country, and we would have to conduct our foreign policy under tight international scrutiny.

The Ministry of Foreign Affairs, in particular, might be forced to take a more defensive stance if their was strong criticism from the international community towards the government. However, sanctions imposed on Indonesia by Western countries, particularly the US, as experienced by Myanmar, are unlikely.

But a government headed by a alleged war criminal is bound to debilitate Indonesia's future efforts in international diplomacy. It would certainly be an additional burden for Indonesia's foreign relations, especially when the country has shown its commitment to adhere to the principles of multilateralism.

International multilateral forums will become places for the Ministry of Foreign Affairs to defend the country's international image. And this is not to suggest Indonesia will also be free of criticism in bilateral forums. Whatever the meeting, we will be tainted with the perception we have elected an alleged war criminal as president.

What we would see then, is a situation in which our international diplomacy would have no option but to adjust to the changed domestic setting. Our diplomats would probably feel uncomfortable carrying our their duties as they would have to represent and defend a regime unpopular to most parts of the international community who fully respect human rights. The accomplishment of our international diplomatic goals requires the ability to counter foreign pressures and minimize their impact on the stability our long-term foreign relations.

[The writer is editor of The Indonesian Quarterly of the Centre for Strategic and International Studies (CSIS). He is also a lecturer at the International Relations Post Graduate Studies Program, Faculty of Social and Political Science, University of Indonesia, Jakarta.]

The wrong choice for Indonesia

Financial Times Editorial (UK) - April 26, 2004

It is tempting to shrug off the decision by Golkar, the Indonesian party that did best in this month's general election, to choose General Wiranto as its candidate for the presidential poll in July.

Indonesia, the world's most populous Muslim nation, certainly needs a strong hand at the tiller after drifting under Megawati Sukarnoputri, the current president. Gen Wiranto, a former defence minister and a moderate in both politics and religion, seems to fit the job description perfectly. He might even be good at fighting terrorism.

However, there are good reasons why Golkar should never have picked him and why Indonesian voters should not choose him now.

One can leave aside the argument that Gen Wiranto, like Golkar, represents a return to the past, although he was a pillar of the discredited Suharto regime in the 1990s. It is possible to forget his populist economic policies. One can even ignore his reluctance to step down on the orders of a democratically elected president in 2000.

Of far greater significance is that Gen Wiranto has been indicted by United Nations prosecutors in East Timor for crimes against humanity.

He is accused of "command responsibility" for killings by troops and pro-Jakarta militias in 1999, when inhabitants voted in a referendum for independence. About 1,400 people, including Sander Thoenes, a journalist for the Financial Times, were murdered.

The evidence cannot be lightly dismissed. Documents suggest that under Gen Wiranto the Indonesian military armed, trained and controlled the militiamen. Gen Wiranto denies wrongdoing, but he has a case to answer.

The fact that the Indonesian government finds it politically inexpedient to arrest him, or the others indicted, does not make him innocent. Nor does the fact that he did not personally take part in the killings. Like Abu Bakar Bashir, the cleric accused of overseeing recent terrorist attacks in Indonesia, Gen Wiranto's alleged crime is to have supervised the atrocities.

Foreign critics of Gen Wiranto face a dilemma. The US-led invasion of Iraq and President George W. Bush's unstinting support for Israel have made the US and the West unpopular among Muslims. The US has already put Gen Wiranto on its visa "watch list", but any overt criticism of him by Washington or Australia is likely to be counterproductive, and could persuade Indonesians to vote for him in droves.

Indonesian voters therefore bear a heavy responsibility. Neither the brutal Indonesian invasion of East Timor in 1975, nor the spiteful and violent withdrawal 24 years later, were Indonesia's finest hour.

Indonesians may not care much whether their next president is free to travel abroad. But they should not underestimate the shame attached to choosing a leader who has yet to be cleared of crimes against humanity. By rejecting Gen Wiranto, they can start to make amends.

Ex-generals ready for election battle

Asia Times - April 27, 2004

Andreas Harsono and Jim Lobe, Jakarta -- In mid-May 1998, as rioters were ransacking business areas and looting properties owned by Chinese-Indonesians in Jakarta, General Wiranto, then Indonesia's military chief, was approached by his No 2, Lieutenant-General Susilo Bambang Yudhoyono. According to Yudhoyono's biography Sang Demokrat ("The Democrat"), president Suharto himself bunkered in his residence on a leafy street in Central Jakarta as student protesters were occupying the parliament building and demanding that he step down from power.

Yudhoyono asked Wiranto: "Do you have any plan to take over power?" Wiranto replied, "No. I don't have any shred of idea about taking over power. It is unconstitutional." Yudhoyono immediately shook Wiranto's hand, saying: "Sir, if that is the case ... I am with you!"

This conversation was unknown to the public until Yudhoyono published his biography two months ago.

Today, six years later, Wiranto and Yudhoyono -- both retired from the military -- are still popular because of their decision not to grab power and allow Suharto to exit, thus ushering in Indonesia's transition to democracy. They are also candidates competing with civilian counterparts in the July 5 presidential race and challenging, too, their former boss, President Megawati Sukarnoputri.

But in Washington, politicians and officials of all stripes are taking a dim view of the prospect of Wiranto becoming president of a country seen as key in the US-led "war on terror".

Space for change

Looking back, the two military officers' decision to keep the military out of the presidency won kudos on the grounds that it allowed Indonesia the space for change -- in succeeding years, the country held a democratic election and civilian governments began to lead the country. After all, in the days leading up to Suharto's stepping down from power on May 21, 1998, there were hawkish generals who planned to crack down on protesters as Chinese officials did in Tiananmen Square in 1989.

More recently, Yudhoyono's Democrat Party got 7 percent of the parliamentary votes during the April 5 parliamentary elections, while Wiranto won Golkar Party's presidential nomination on April 20 -- thus setting the stage for their presidential candidacies. Golkar, which Suharto created in the 1960s, is now the country's strongest political party, with 20 percent of the votes. After the April 5 election, it is set to control almost a quarter of the 550-seat parliament. Megawati's party only secured the second position, with 19 percent of the votes.

But the two retired generals' popularity is not without controversy. Wiranto, who used to be an adjutant to Suharto, was indicted for crimes against humanity last year by United Nations-backed prosecutors in East Timor. Prosecutors there charge that he failed to stop his soldiers and pro-Indonesia militia from killing nearly 1,500 people in 1999, after East Timorese voted for independence from Indonesia.

Wiranto has repeatedly denied any wrongdoing and claimed that he had tried to stop the violence. Testifying at one of the Human Rights Court hearings instituted in Jakarta to look into the East Timor debacle -- no military figures were convicted -- he argued that the East Timorese had been fighting each other "for 23 years" anyway, since the Indonesian invasion in 1975.

Why Wiranto worries Washington

A Suharto favorite, Wiranto rose to the military's top position in the mid-1990s and reportedly played a role in persuading Suharto to end his 30-year reign in 1998. But one year later, he was implicated in the army-orchestrated mayhem that followed the overwhelming vote by the East Timorese people in favor of independence from Indonesia, which had invaded and later annexed the territory.

"Golkar should be embarrassed to select someone who has been indicted for crimes against humanity as its presidential candidate," said Brad Adams, who directs the Asia Division of Human Rights Watch (HRW) in New York City. "If Golkar has really reformed itself after the massive rights violations of the Suharto years, it should be distancing itself from its dark past instead of embracing it," he added in a statement.

Wiranto, who like many Indonesians goes by only one name, is considered likely to try to use his good looks and tough image, as well as the growing nostalgia for the Suharto era, to unseat Megawati when Indonesians go the polls in their first direct presidential election on July 5. Megawati, the daughter of Indonesia's first president, Sukarno, has declined sharply in popularity over the past two years, largely as a result of a lagging economy, growing corruption, the military's failure to achieve a clear victory over pro-independence rebels in Aceh province and the perception that she has not been seriously engaged in governing.

Since coming to office, and particularly since the September 11, 2001, attacks on New York and the Pentagon, the administration of US President George W Bush has seen Indonesia as a key part of its "war on terror", and has made little secret of its desire to restore the close military ties that were in effect suspended under the previous administration of Bill Clinton after the violence that leveled East Timor in 1999.

Since September 11, the Bush administration has restored some security assistance -- mainly in the form of anti-terrorism aid -- but Congress has insisted that certain conditions be met before relations can be fully normalized.

In January, US legislators approved a provision of the 2004 foreign-aid bill that maintains a ban on US government financing of weapons sales, export licenses for certain kinds of military equipment and participation in a State Department-administered military training for Indonesia until Jakarta fully cooperates in the investigation and prosecution of military units that are believed to have killed two US teachers and their Indonesian colleague in an ambush in West Papua in 2002.

In addition, the bill requires Indonesia to extradite those indicted by the joint UN-East Timor Serious Crimes Unit, conduct a public audit of the military's funds and prosecute credible cases of serious human-rights abuses believed to have been carried out by the military or military-backed militias. The Bush administration opposed the provision.

Wiranto, as well as several other senior Indonesian military officials, was indeed indicted by the Crimes Unit, although an arrest warrant has still to be issued. Soon after the indictment was handed down in February 2003, the State Department placed Wiranto on its visa watch list, meaning he could be barred from entering the United States.

Although the US ambassador in Jakarta said last week that Wiranto would be treated as a head of state if he were to win the election, most officials and independent analysts believe that his record could make relations more difficult, particularly compared with a reformer such as Yudhoyono, who has not been implicated in major rights abuses or corruption.

Even right-wing US analysts see Wiranto's election as highly problematic. In a paper issued on Thursday, Dana Dillon of the Washington-based Heritage Foundation called Wiranto both "passive and corrupt", but warned against explicit condemnations of the general. According to Dillon, such statements would likely be used to fuel a nationalist backlash, particularly given the strong rise in anti-American sentiment as Washington has pursued its "war on terrorism". The vast majority of Indonesians are Muslims.

But rights groups are unrestrained in their criticism of Wiranto's candidacy, with the East Timor Action Network (ETAN) calling for his arrest and prosecution by a yet-to-be-established international tribunal for East Timor.

"We urge the US Congress and Bush administration to withhold all military assistance for Indonesia until Wiranto and others responsible for crimes against humanity in East Timor and Indonesia are brought to justice in judicial processes consistent with international standards," said ETAN's director, John Miller.

HRW called for other countries aside from the United States to bar Wiranto from visiting them. "Countries with a commitment to the rule of law and justice should send a message that Wiranto's election could make Indonesia a pariah state that they would have difficulty dealing with," Adams said.

Yudhoyono: Rising star

In any case, both Megawati and Wiranto are considered underdogs to retired Yudhoyono, the candidate of the newly formed Democratic Party, who served until recently as one of Megawati's chief advisers. In the latest polls, he led Megawati 44-21 percent.

Although, like Wiranto, Yudhoyono made his career in the military, he has long favored separating the army, which in effect ruled the country through Golkar during the Suharto dictatorship, from the government and from the many businesses and monopolies it operates. Wiranto, on the other hand, has been seen as a promoter of the military's interests in both politics and the economy.

Still, Yudhoyono is not entirely free of controversy. According to Miller, as Wiranto's chief of territorial affairs, Yudhoyono took no action on reports that the Indonesian soldiers and militia were intimidating the East Timorese in advance of the UN-run referendum.

"Susilo Bambang Yudhoyono's record shows that as president he is unlikely to rein in Indonesia's increasingly assertive military. The former general is also unlikely to support genuine efforts to hold members of the security forces accountable for crimes against humanity in East Timor and Indonesia," said Miller.

But East Timor is not a big political issue in the psyche of most Indonesians today. It was a former Portuguese colony, unlike the other Dutch-controlled parts of Indonesia. East Timor is also a relatively poor and much smaller territory of about 800,000 people, tiny compared with Indonesia's 220 million population.

This psyche is also well understood by the foreign diplomats in Jakarta. "We can work with anybody that comes out from a free [election] process," US Ambassador Ralph Boyce said on Thursday. East Timor Attorney General Longinus Montero said that Wiranto's trial might not materialize for lack of evidence. Australian Foreign Minister Alexander Downer said: "We have to work with whoever wins."

General appeal

Wiranto's and Yudhoyono's appeal inside Indonesia is straightforward. They come from the main island of Java, whose ethnic population accounts for some 40 percent of Indonesia's various ethnic groups. The two generals have relatively deep pockets. To some voters, their military background is a positive quality when it comes to security and decisiveness -- traits they have missed under Megawati.

Wiranto has been criss-crossing the archipelago in the past six months to seek support. He defeated Akbar Tanjung, the chairman of Golkar, who lost the presidential nomination in a tight party vote, and received 315 votes against Tanjung's 227.

Yudhoyono, who stepped down from Megawati's cabinet last month, is the front-runner in the presidential pace, according to opinion polls. His television appearances have helped boost his personal approval rating as would-be president to 43 percent in an April poll by a private institute. A defection by Tanjung's former rival, Jusuf Kalla, to run as Yudhoyono's vice president, is also likely to split the Golkar vote on July 5.

But if, as is widely expected, no single candidate wins more than 50 percent of the vote in the July presidential election, a runoff between the two candidates with the strongest showing will be held on September 20. At this point, Yudhoyono and Megawati are quite certain of surviving the first election.

Paulus Januar of the Indonesian Catholic Solidarity for Democracy, a caucus of politicians with Catholic backgrounds, says the political scene is by no means settled. Wiranto's and Yudhoyono's candidacies might yet split voters who favor a strong president, he said: "It might help Megawati because she will be seen as the only candidate with nationalist credentials."

Little chance of a Suharto clan revival

Straits Times - April 27, 2004

Robert Go, Jakarta -- One reading of the election aftermath has the old guard and the Suharto clan making a comeback.

After all, Suharto's daughter, who took part in the campaigning, had openly banked on nostalgia for her father to bring in the votes.

Golkar, thought to be taking its last breath in 1999, also won the April 5 legislative polls and will have the single biggest faction in Parliament.

And two former generals, one linked to the violence that wrecked East Timor -- now known as Timor Leste -- are leading presidential contenders.

Those who adopt this reading are in a tizzy. They would say that democracy here is under threat, and would lament about the failed reform movement. But there is no reason, yet, to fret.

Some democracy was indeed at play when the people went to polling stations three weeks ago.

First off, Suharto's eldest daughter Siti Hardijanti Rukmana, better known here as Mbak Tutut, was said to have had the election's biggest war chest, perhaps a fraction of the billions of dollars the clan supposedly stashed away during Suharto's 32- year rule.

She gave out scholarships and her ads featured "regular" people who confessed that they had been better off before reform and democracy became buzzwords. However, Mbak Tutut's party well and truly flopped. It got just over 2 per cent of votes, and only two representatives in the 550-strong DPR, the national Parliament.

Next up is Golkar. Before the elections, analysts said it could get as much as 30 per cent support, a significant increase from its 24 per cent tally in 1999. It would beat its biggest rival, President Megawati Sukarnoputri's PDI-P, by at least five percentage points, pundits declared.

Golkar can claim victory but it trounced no one. Its projected total of between 21 and 22 per cent is actually a drop from the last time around. So chest puffing, perhaps, isn't quite warranted for Golkar cadres.

Finally, there are the two former generals, Mr Susilo Bambang Yudhoyono alias SBY and Mr Wiranto, a former military chief. A bet for one of them to become the country's next leader by the year's end wouldn't be a bad one. Both offer strong leadership.

SBY claims credit for stabilising the country in the last 2 1/2 years, but Mr Wiranto perhaps scores points because he was at one time SBY's boss.

But that's not all they're offering. Both, strangely enough, are talking a lot about being defenders of democracy. And Mr Wiranto has gone so far as to say that if elected, he would stay in office for only one five-year term.

These are statements that neither would have had to make during the Suharto days. The two generals' pledges are perhaps the most concrete evidence that Indonesia has changed too much to allow a Suharto revival.

Indonesians voted for change on April 5. There's a good chance they'll opt for strong leadership in the presidential election in July and a possible second round two months later. And there are perhaps good reasons to think they won't choose a Suharto clone to retake the helm.

Taufik and inner circle keeping low profile

Straits Times - April 27, 2004

Derwin Pereira, Jakarta -- The power behind the throne has now retreated even more into the shadows. The President's influential husband Taufik Kiemas and his inner circle are now keeping a much lower profile. In fact, the Sumatran-born tycoon is due to leave for the United States and Europe on a two-week holiday.

A well-placed source in the Indonesian Democratic Party -- Struggle (PDI-P) told The Straits Times: "The consensus of Ibu Mega's advisers was that it would be better for Taufik to keep away from the public spotlight. They want her to run the show rather than her husband."

Several PDI-P members have been critical of Mr Taufik's involvement in politics and shady dealings, blaming him for the drastic drop in votes in this general election. In 1999, the PDI-P secured 33.7 per cent of the votes. Today, it is trailing behind Golkar by a slim margin but has slid by almost 14 percentage points.

Mr Taufik is known as a very powerful, although unconventional, player in government. Holding no official position, except as a legislator, he does not work by the official channels. But his networking and ability to navigate the subterranean levels of politics are second to none. In the past, he has done wonders for the reticent and media-shy President by being her chief negotiator and public defender.

He also whittles down her opponents, but has been criticised for overstepping the boundaries. The most glaring was the fracas with former security czar Susilo Bambang Yudhoyono. Mr Taufik chided him as a "child" for turning to the media when the retired general was sidelined.

Such comments irritated elements in the military. More importantly, it led to growing sympathy for Mr Bambang, whose Partai Demokrat performed beyond expectations in the polls.

A friend of Mr Taufik described him as being despondent about the PDI-P's performance. "He was so down. The harsh reality of politics is beginning to sink in. He is not used to keeping a low profile."

NU officials court presidential hopefuls

Jakarta Post - April 27, 2004

Kurniawan Hari and Indra Harsaputra, Jakarta/Surabaya -- The Golkar Party agreed on Monday to devote its energies to forging a coalition with the National Awakening Party (PKB) to win the presidential election.

The party will also select whoever is approved by PKB cofounder Abdurrahman "Gus Dur" Wahid as the running mate for Wiranto, who won the Golkar convention last week.

Golkar chairman Akbar Tandjung said he and Wiranto would visit Gus Dur in the coming two or three days to ask for his preferred candidate for Wiranto's running mate.

"We need a coalition with a party with strong support both in the grassroots and the House of Representatives to ensure victory and a stable government," Akar said after a meeting between top Golkar executives and Wiranto, the first of its kind since the convention. The meeting ended 11:30 p.m.

Both Akbar and Wiranto acknowledged Gus Dur as a national figure and PKB leader to reckon with.

"We need a vice presidential candidate whom he endorses," said former Indonesian Military chief Wiranto, who has met Gus Dur several times recently.

In Surabaya, Nahdlatul Ulama (NU) began on Monday a halaqoh (national ulema gathering), which has invited five presidential candidates who are expected to be pitted against each other in the July 5 election.

President Megawati Soekarnoputri was the first to turn up as she opened the event at Somerset Hotel on Monday evening. Megawati, who is the presidential candidate from the Indonesian Democratic Party of Struggle (PDI-P), met with NU chairman Hasyim Muzadi and 24 influential NU clerics, including Abdullah Faqih and Masduki Mahfud, shortly after the ceremony. No official statement, however, was given following the meeting.

Other presidential candidates, Amien Rais, Wiranto and Susilo Bambang Yudhoyono, will arrive on Tuesday to speak in the ensuing seminar on public participation in the first direct presidential election.

Megawati, Amien of the National Mandate Party (PAN), Wiranto of the Golkar Party and Susilo of the Democratic Party are expected to contest the first-ever presidential election. Susilo is the only aspirant to have disclosed a running mate.

Hasyim has reportedly been courted by the PDI-P and Golkar, but said on Monday no party had officially asked him to contest the election as a running mate of its presidential candidate.

"Let's just wait and see because even I do not know when [to make a decision]. The NU is not in a position to determine its preferred presidential and vice presidential candidates," Hasyim said.

In her opening speech, Megawati asked the elected president to terminate their loyalty to whatever political party they came from but emerge as a leader to serve the nation.

"The elected president and vice president should no longer fall under the influence of other state institutions or parties that supported their election," the President told the audience.

Like previous presidents, Megawati did not resign as PDI-P chairwoman, at the party's request. Only the founding president, her father Sukarno, switched loyalty from his party to the nation.

PKB registers Gus Dur as presidential candidate

Jakarta Post - April 27, 2004

A. Junaidi, Jakarta -- Undeterred by a possible rejection due to his health, the National Awakening Party (PKB) submitted Monday the name of half-blind cleric Abdurrahman 'Gus Dur' Wahid as its candidate in the upcoming presidential election.

"While waiting for the Supreme Court's ruling in our judicial review petition brought before the Supreme Court, we are registering Gus Dur as our presidential candidate as was agreed upon during our national meeting," PKB chairman Alwi Shihab told reporters.

Alwi said that the other registration requirements, including the name of his party's vice presidential candidate, would be submitted soon. He was accompanied by PKB executives Muhammad A.S. Hikam, Arifin Junaidi and Mahfud M.D.

The PKB, set up to accommodate the political interests of the country's largest Muslim organization, the Nahdlatul Ulama (NU), agreed during a one-day meeting Sunday to endorse the candidacy of Gus Dur, who was ostensibly removed from the presidency for incompetence in July 2001.

After visiting the KPU office, PKB executive members went to the Supreme Court to urge the court to soon issue a ruling on KPUs Regulation No. 26/2004 on the presidential election procedures.

"We are optimistic that the court will rule our way by declaring the regulation to be repugnant to the Constitution and the Law No.12/2003 on elections.

The PKB is seeking to overturn a General Elections Commission (PKB) regulation requiring all presidential and vice presidential candidates to undergo thorough medical check-ups to determine whether or not they were physically and psychologically healthy.

The party has filed a petition with the Supreme Court, saying that the regulation discriminates against handicapped people from running for the country's top office. The court has yet to hold a hearing on the petition. Alwi said that such discrimination was prohibited in modern countries like the United States.

The Supreme Court has yet to assign the case to a panel of judges. "We can't come to a decision now as the chief justice [Bagir Manan] is still overseas," the court's acting chief justice, Ahmad Kamil, told reporters.

The Constitutional Court ruled in favor of the KPU last week, saying that medical examinations were required for presidential and vice presidential candidates.

Separately, KPU member Anas Urbaningrum said on Monday that the commission only accepted pairs of presidential and vice presidential candidates, and not individual candidates. "We only accept pairs of presidential and presidential candidates proposed by political parties," Anas told reporters.

He said the registration of presidential candidates would be officially conducted from May 1 to May 7, after the general election results had been finalized.

Commenting on the petition brought by the PKB, Anas welcomed the action, saying that KPU would comply with whatever decision was reached by the Supreme Court. "The move to seek a judicial review is correct. The KPU will comply with the ruling," he said.

The KPU, in close cooperation with the Indonesian Doctors Association (IDI), has imposed health requirements for presidential and vice presidential candidates, including eyesight requirements, which has been viewed by many as an effort to prevent Gus Dur from standing.

ICW poll findings irks Golkar

Jakarta Post - April 27, 2004

Jakarta -- Urban voters in the April 5 legislative election had chosen political parties known to have a commitment to eradicating corruption and zero tolerance for crooked politicians, a survey revealed on Monday.

The Indonesian Corruption Watch (ICW) survey found that 1,500 respondents across Jakarta, Padang, Bandar Lampung, Bandung, Surabaya, Pontianak, Samarinda, Makassar and Mataram said they had voted against the Golkar Party, the Indonesia Democratic Party of Struggle (PDI-P) and the Concern for the Nation Functional Party (PKPB), as they had associated those parties with crooked politicians.

Lawrence TP Sibuarea, head of Golkar's legal, human rights and environmental division, told the ICW to be prepared for "many lawsuits" following their publication of the polls.

Minor-party alliance vows to reject result of election

Jakarta Post - April 26, 2004

A. Junaidi/Kurniawan Hari, Jakarta -- An alliance of 17 small parties said on Sunday that it would reject the result of the April 5 legislative election, saying the poll was illegitimate due to many flaws, including erroneous ballot counting and money politics.

"After evaluating the process, we learned that there were so many election violations. We will reject the result and will not sign it," alliance spokesman Eros Djarot said.

With the exception of the National Awakening Party (PKB) and the Prosperous Justice Party (PKS), all other alliance members failed to garner the minimum 3 percent quota of House seats or 5 percent of votes in the general election in order to field candidates to contest the July 5 presidential election.

As of Saturday, the Golkar Party had won 19,643,196 votes, or 21.16 percent, followed by the Indonesian Democratic Party of Struggle (PDI-P) with 19.43 percent.

The PKB and the PKS came respectively third and sixth with 11.8 percent and 7.19 percent.

Twenty four political parties participated in the legislative election but only parties or coalitions garnering at least 3 percent votes in the House or 5 percent of valid votes in the April 5 election would be allowed to field candidates in the country's first direct presidential election.

Eros, also chairman of the Freedom Bull National Party (PNBK), said the alliance decided to reject the tally after its earlier complaints received a half-hearted response from the General Elections Commission (KPU).

The alliance had earlier expressed its rejection of the election result, but several parties immediately backed off, saying that members issuing the statement were not representative of their respective parties.

PKB board of patron chairman Abdurrahman Wahid also attended the alliance's meeting, but left only minutes after greeting participants.

PKB deputy chairman Muhammad Mahfud MD said the party supported the alliance due to rampant electoral violations.

"Politically, we support them, but legally, we should ask the Constitutional Court about it. I will discuss the result of the meeting within my own party," Mahfud said. The meeting was also attended by Pioneers' Party (PPD) chairwoman Rachmawati Soekarnoputri and (PNI Marhaenisme) Marhaenisme Indonesian National Party chairwoman Sukmawati Soekarnoputri, both younger sisters of President and PDI-P leader Megawati Soekarnoputri.

Executives of the Freedom Party, Social Democratic Labor Party (PBSD), United Democratic Nationhood Party (PPDK), New Indonesia Alliance Party (PPIB), Indonesian Democratic Vanguard Party (PPDI) and Reform Star Party (PBR) also attended the meeting.

The official Election Supervisory Committee (Panwaslu) had urged the KPU to hold a recount at hundreds of polling stations due to various violations, but the appeal passed largely unheard.

Meanwhile, KPU member Anas Urbaningrum said on Sunday that his office planned to finish on Monday the manual vote-count of 10 to 11 electoral districts.

On Friday, the commission had finished and approved the results of six electoral districts -- Bali, Yogyakarta, Central Java I, Central Java VII, Central Java X and East Java I.

The majority of votes in these districts went to old, major parties like Golkar and the PDI-P.

For the April 5 legislative election, Indonesia was divided into 69 electoral districts, 60 percent of which were outside Java.

Anas told the Post the commission planned to finish the manual counting by the April 28 deadline.

Hundreds reject results of elections in Aceh and Papua

Fpdra.com - April 26, 2004

Alisa P., Jakarta -- Hundreds of demonstrators from Aceh Papua Solidarity (Solidaritas Aceh Papua, SAP) held a demonstration at the offices of the National Elections Commission (KPU) on Jalan Imam Bonjol in Central Jakarta. The demonstrators were rejecting the results of the elections in Aceh and West Papua which they said were ridden with fraud and military interference. In a statement signed by SAP coordinator Arie Arianto, SAP said that they absolutely rejected the outcome of the elections in Aceh and Papua.

SAP also revealed the various forms of military intervention during the elections. They said that the elections in Aceh and Papua became a means to score votes for [the state ruling party of former President Suharto] Golkar and [President Megawati Sukarnoputri's Indonesian Democratic Party of Struggle] PDI-P and political parties with links to the military. SAP said therefore that they also reject holding presidential elections in Aceh and Papua if Aceh is still under martial law and likewise if the issue of the separation of Papua [into three new provinces remains unresolved] and military intimidation continues.

Also present at the action was Dita Indah Sari, the coordinator of the United Opposition Front (Barisan Oposisi Bersatu, BOB). Sari said that martial law had brought immense suffering to the people of Aceh and had stifled democracy in a region rich in natural resources. BOB therefore called on the Indonesian people to unite to form a people's government. Only a people's government will be capable of resolving the Aceh question democratically and distance itself from militaristic methods, said Sari during a break in the action.

The action, which lasted some 20 minutes attracted a great deal of interest from passersby, however for a number of reasons, police had not given permission to demonstrate for an extended period in front of the KPU. Before the action broke up however, SAP was able to read a statement which as well as rejecting the election results in Aceh and Papua, urged the Megawati regime to revoke martial law and not to extend it for an additional period, and to resolve the Aceh question peacefully and democratically through dialogue involving all elements of Acehnese society. The also rejected the separation of Papua and called for the broadest possible dialogue and democracy in Papua. At the end of the statement SAP explicitly rejected the nomination of a presidential candidate originating from the military.

[Translated by James Balowski.]

Golkar Party considers teaming up with PKB, PPP

Jakarta Post - April 26, 2004

Kurniawan Hari and Tiarma Siboro, Jakarta -- Once again, it's a case of everyone wanting the presidency and no one wanting to be No. 2, as is evident in hopefuls' efforts to influence voters who, for the first time, will have a direct say in choosing their leaders on July 5.

The Golkar Party, which has collected the most votes -- or over 20 percent -- in the legislative election so far, is considering teaming up with the National Awakening Party (PKB) or the United Development Party (PPP) to win the presidency.

Following its national gathering on Sunday, however, the PKB said it would go all out to try and have their candidate, former president Abdurrahman "Gus Dur" Wahid, contest the July 5 direct presidential election. The PKB is still awaiting a judicial review of a ruling on presidential candidates' health, which could mean that Gus Dur might drop out of the race because of his severely impaired vision.

Akbar said the PKB candidate would need the consent of Gus Dur, the most influential leader in the party and its foundation, Islamic organization Nahdlatul Ulama (NU). He suggested several leading NU figures -- chairman Hasyim Muzadi or Solahuddin Wahid, the Gus Dur's younger brother -- as running mate to the Golkar presidential candidate, Gen. (ret) Wiranto.

"We would be glad if Gus Dur agrees to such a coalition", Akbar said on Sunday after welcoming Wiranto, who beat him at last Tuesday's convention to win the nomination.

On his visit to Akbar's house, Wiranto, a former military commander, was accompanied by his wife and members of his campaign team. Wiranto and his campaign team are scheduled on Monday to consult with the party's Central Executive Board (DPP) to discuss his running mate. Wiranto has made the rounds meeting several party leaders, including PKB'S Gus Dur and PPP's Hamzah Haz, in the past few days.

Musfihin, a close aide to Akbar, disclosed that some regional leaders had objected to Golkar's possible coalition with the PKB, saying that the party had once called for the dissolution of the Golkar Party, which is itself accused of having done everything possible in the past to sideline potential rivals.

Separately, at the PKB's national meeting, the party officiated a nine-member team, including chairman Alwi Shihab, to determine the criteria and propose running mates for Gus Dur.

The PKB also granted authority to Gus Dur -- in his capacity as chairman of the party's law making body syuriah -- to make any strategic move to enable the presidential pair to win in the July 5 election.

The most important criteria is that the candidate "must secure approval from the party's syuriah chairman", Hikam said.

In its plenary meeting last Friday, the NU endorsed chairman Hasyim to make a presidential bid, claiming that he was the only NU figure who would be able to gain the support of the majority of its members, which is claimed to reach 40 million.

However, Chairul Anam, who leads the PKB's chapter in stronghold East Java, warned PKB executives "to think twice" in nominating candidates other than Gus Dur, given that the province was believed to have contributed the majority of over 10 million popular votes gained so far.

Some eight million voters in East Java are believed to be NU members who want Gus Dur as president.

Meanwhile, a Sunday meeting between leaders of the Prosperous Justice Party (PKS) decided not to nominate any candidates for the presidential election nor to support any other candidates from other parties. The move may end speculation in the party rank and file on whether PKS executives support, for instance, Wiranto or Amien Rais, the leader of the National Mandate Party (PAN) with whom PKS leader Hidayat Nurwahid has met on a number of occasions.

Anti-militarism

Opposition needed to check military's rise

Jakarta Post - April 26, 2004

M. Taufiqurrahman, Jakarta -- Reform-minded political parties should form an opposition in the House of Representatives if a candidate with military background gets elected in the July 5 presidential election, a respected Muslim scholar says.

Nurcholish Madjid, rector of Paramadina Mulya University, said that a civilian opposition coalition would be of great importance to hold in check any moves to enact strong-armed policies from a military president.

"If we don't want to see militaristic ways of handling things return to the political fore, we must contain their moves by forging a strong opposition," Nurcholish, better known as Cak Nur, asserted over the weekend.

Cak Nur, who withdrew from Golkar's presidential convention series late last year after party leader Akbar Tandjung decided to stay in the race, was commenting on the emergence of perhaps two of the strongest contenders -- Susilo Bambang Yudhoyono from the Democratic Party and the newly nominated Wiranto from Golkar, both retired Army generals -- and the implications if one of them were to be elected president.

The country will hold its first direct presidential election on July 5 and parties or coalitions garnering at least 3 percent of seats in the House or 5 percent of the popular vote in the April 5 legislative election are eligible to nominate candidates.

Analysts and rights activists have warned that the emergence of both Susilo and Wiranto would pave the way for the Indonesian Military (TNI) to return to the forefront of policy making.

The People's Consultative Assembly (MPR), the country's highest legislative body, decided to end the TNI/police presence in the House starting later this year when the new House members are inaugurated and in the Assembly by 2009.

TNI had pledged to concentrate on defense issues, but in its most recent White Paper expressed an eagerness to revive its controversial territorial command, which under Soeharto's 32 years of leadership played a pivotal role in controlling the people all the way down to the village/hamlet level.

Cak Nur said there was nothing that could be done to prevent the retired military generals from running for president as it would infringe upon the law and their rights.

The best opposition forces, Cak Nur said, should come from political parties in the House. "However, the likelihood of such an opposition emerging is small as the parties with the most seats in the House are not so eager to pursue reform," he claimed.

He said non-governmental organizations and the press should also work to be a counterbalance if political parties were unable or unwilling to be an effective opposition. "I put my greatest trust in the press and I hope they doesn't easily give up in adverse situations," he stated.

When asked about the future of his presidential bid, Cak Nur said that thus far no political parties had approached him. "But I will gladly accept if there is an offer," he said with a chuckle.

A respected Muslim scholar credited for his efforts to promote pluralism and a civil society, Cak Nur withdrew from the Golkar convention in protest over the tainted process.

He said that the participation of Akbar was a conflict of interest and made the convention process unfair. Another reason for his withdrawal was rampant money politics involving Golkar members in the regions.

Akbar lost his bid for the nomination to Wiranto in a surprising loss after a tight race last Wednesday. The rise of Wiranto has prompted other candidates to revise their campaign strategies.

Gus Dur is not anti-military

Detik.com - April 28, 2004

Danang Sangga Buwana, Jakarta -- The deputy chairperson of the leadership board of the National Awakening Party (PKB), Mahfud M.D., has sought to clarify a statement by Gus Dur [PKB chairperson and former President Abdurrahman Wahid] stressing that Gus Dur is not anti-military.

"Last night I discussed this with Gus Dur until 11pm. The conclusion was that Gus Dur is not against people who have a military background. But [he is] against a militaristic or military type leadership", explained Mahfud at a press conference at the PKB's national office in Kuningan, South Jakarta, on Wednesday April 27.

"Gus Dur does not object to a military person becoming a leader, as long as they are democratic. So, what [he] opposes is [a militaristic] way of thinking", asserted Mahfud. As has been reported, on Tuesday Gus Dur stated that he did not support [presidential candidates] Wiranto and SBY [Susilo Bambang Yudhoyono] because they had military backgrounds.

"On the question of Gus Dur stating that he does not support SBY and Wiranto, the context was [that he] does not support them because they are also presidential candidates. How could he support them, after all they are [his] competitors", Mahfud said accusingly. "It is the same with PKB. PKB is not against military people, but the PKB opposes militarism", he emphasised.

According to Mahfud, a militaristic style of leadership can also occur under a civilian leadership. For the PKB, the person who [should] step on to the platform of national leadership is one who is capable of eliminating corruption, collusion and nepotism and upholding the law, whether they be a civilian or a military figure, but not a person with a militaristic way of thinking. (nrl)

[Translated by James Balowski.]

Komnas HAM asked to take up issue of SBY and Wiranto

Detik.com - April 28, 2004

M. Rizal Maslan, Jakarta -- United Solidarity for the Victims of Human Rights Violations (Solidaritas Kesatuan Korban Pelanggaran HAM, SKKP HAM) has called on the National Human Rights Commission (Komnas HAM) to take the initiative and have an active position on the process of nominating presidential and vice-presidential candidates. They also called on Komnas HAM to take up the issue of [former armed forces chief] Wiranto and [recently resigned coordinating minister for politics and security] Susilo Bambang Yudhoyono (SBY) becoming presidential candidates.

These demands were submitted to Komnas Ham on Wednesday April 28 at the Komnas HAM offices on Jalan Latuharhary in Central Jakarta. The scores of SKKP HAM members were accompanied by the coordinator of the Commission for Missing Persons and Victims of Violence (Kontras) Usman Hamid and were received by the deputy chairperson of Komnas HAM, Solahuddin Wahid.

SKKP HAM said that Wiranto must be held accountable for human rights violations in Indonesia. This includes the abduction of activists(1), the shooting of students at Trisakti and Semanggi(2), the May 1998 riots in Jakarta and the scorched earth campaign waged the military in East Timor in 1999.

SKKP HAM said that SBY, who used to be the chief of staff of the Kodam Jaya (regional military command) should be held accountable for the attack on the Indonesian Democratic Party headquarters(3) on Jalan Diponegoro on July 27, 1996. They also said that SBY is responsible for the policy of implementing martial law in Aceh.

"SKKP HAM does not want Gus Solah (Solahudin familiar name) to support Wiranto", said Hamid. As has been reported, Gus Solah as been mentioned several times as Wiranto's running mate for the position of vice-president.

On this question, Gus Solah denied it was true. "I have never been contacted by anyone, especially to become a vice- presidential candidate. I have also told PKB [the National Awakening Party] not to form a coalition with [the former state ruling party] Golkar", said Gus Solah.

With regard to accusations of human rights violations committed by the two former generals, Gus Solah stated that Komnas HAM has done the maximum possible to investigate the cases. "We even recommended to President Megawati [that she] form an ad-hoc team to investigate the May riots. This issue should be taken up with the DPR [People's Representative Assembly]", said Gus Solah. (dit)

Notes:

1. On May 12, 1998, security personnel shot into a crowd of student protesters from the Trisakti University near their campus in West Jakarta, killing four students and injuring several. This proved to be the spark which set-off three days of mass demonstrations and rioting in Jakarta which eventually lead to the overthrow of former President Suharto. Similar incidents occurred on in November 1998 and September 1999 when troops opened fire on demonstrators from the Atmajaya University in Jakarta using rubber bullets and live ammunition in the area of Semanggi, South Jakarta, resulting in the death of dozens of student demonstrators.

2. Following weeks of protests at the Indonesian Democratic Party (PDI) headquarters in Central Jakarta by pro-Megawati PDI supporters after the Suharto regime engineered Megawati's removal as the party's democratically elected chairperson, on July 27, 1966, paid thugs backed by the military attacked and destroyed the PDI offices resulting in the death of as many as 50 people. Popular outrage at the attack sparked several days of mass rioting and violent clashes with police.

3. Between 1997 and 1998 as many as fourteen pro-democracy activists were abducted by members of the elite special forces Kopassus. After extended periods of detention -- in many cases the victims were severely tortured -- most were released although four remain missing and are presumed dead. Former Kopassus chief Lieutenant General Prabowo Subianto who was at the time President Suharto's son-in-law is alleged to have ordered the abductions. In April 1999, 11 low-ranking Kopassus officers were tried by a military court for the kidnappings and given sentences of between a year and 22 months in prison, although six of them were allowed to remain in the army.

[Translated by James Balowski.]

Opposition to Neo-New Order & military candidates continues

Kompas - April 28, 2004

Jakarta -- In Jakarta, opposition to presidential candidates from military circles continues to be organised. On Tuesday afternoon, hundreds of student demonstrators held another demonstration while non-government organisations including the People's Democratic Party (PRD) and the Community of Families of Victims of Human Rights Violations urged the political elite not to form coalitions with military forces.

They are concerned that if a military person is chosen as president the administration will be tainted by militarism, authoritarianism and there will be a possibility that more gross human rights violations will occur, while past human rights violations have yet to be resolved.

By 12.30pm, hundreds of student had gathered on the campus of the Indonesian Christian University in Salemba, Central Jakarta. They watched a presentation of demonstrations by thousands of students from different parts of the county, principally in Jakarta in and around the Trisakti University and Atma Jaya Catholic University in 1998. Political speeches were also given which rejected the reemergence of the New Order [regime of former President Suharto], the reemergence of the military and called for unity and rebuilding the pro-democracy movement which have split over differing interests. At the same time, scores of students burnt tyres and handed out leaflets with a similar theme in front of the Indonesian Legal Aid Institute offices in Central Jakarta.

Irony

At 1pm, PRD general chairperson Jusuf Lakaseng and other PRD leadership board members met with the deputy chairperson of the National Human Rights Commission (Komnas HAM), Solahuddin Wahid, at the Komnas HAM offices. Lakaseng urged Wahid to reject offers by political parties of the New Order or Neo-New Order and presidential candidates from military circles. "It will be ironic if Gus Solah (Solahuddin) who has until now worked for Komnas HAM, for example, wants to join with [former armed forces chief and Golkar Party presidential candidate] Wiranto or [President] Megawati Sukarnoputri as their vice-presidential candidates when these people have allowed the military to disrupt democratic life and commit gross human rights violations", asserted Lakaseng.

In the afternoon, Indonesian Human Rights Watch (Imparsial), the Commission for Missing Persons and Victims of Violence (Kontras) and the United Opposition Front (Barisan Oposisi Bersatu, BOB) met with [former President and National Awakening Party presidential candidate] Abdurrahman Wahid and raised the same concerns. (win)

[Translated by James Balowski.]

Students burn photos of presidential candidate Wiranto

Detik.com - April 26, 2004

Jakarta -- Opposition to presidential candidates originating from the military is continuing. On Monday April 26, scores of activists from the Student Action Committee of Democratic Concern (Komite Aksi Mahasiswa Peduli Demokrasi, KAMPD) set fire to photographs of Wiranto, as a symbol of this opposition.

The action, in which photographs of the former TNI (armed forces) chief were burnt, occurred when KAMPD held a demonstration at the campus of the Institute of Information and Computer Studies on Jalan BRI, Radio Dalam in South Jakarta.

'We reject presidential candidates who originate from military circles. Wiranto's name is also linked with a number of cases of human rights violations such as the Trisakti and Semanggi tragedies(1). If Wiranto or other representatives from the military rise [to power], democracy will no longer function. Everything will be resolved by violence", said Ushu Luddin, one of the students.

What about [recently resigned coordinating minister for politics and security] Susilo Bambang Yudhoyono (SBY)? Luddin said that like Wiranto, KAMPD also rejected SBY as a presidential candidate. "The burning of Wiranto's photographs is a symbol of our opposition. On the other hand, we actually don't have any photographs of SBY", he said smiling.

As well as burning Wiranto's photographs, the demonstrators also burnt military uniforms and handed out leaflets containing a 10 point agenda of reformasi total which must be carried out by the next elected president.

The 10 point agenda included upholding the supremacy of law, having the courage to try former President Suharto and his cronies, having the courage to eliminate corruption, collusion and nepotism, having the courage to clarify the dual social and political role of the armed forces and having the courage to eliminate the political parties and political groups of Suharto's New Order regime.(djo)

Notes:

1. In May 1998, security personnel shot into a crowd of student protesters from the Trisakti University near their campus in West Jakarta, killing four students and injuring several. This proved to be the spark which set-off three days of mass demonstrations and rioting in Jakarta which eventually lead to the overthrow of former President Suharto. The Semanggi I and II cases involved the fatal shooting of dozens of student demonstrators in Jakarta in November 1998 and September 1999 respectively.

[Translated by James Balowski.]

Students burn photos of SBY and Wiranto

Detik.com - April 27, 2004

Astrid Felicia Lim, Jakarta -- Actions rejecting militarism and the New Order [regime of former President Suharto] continue to be organised. At a free speech forum on Tuesday April 27 at the campus of the Indonesian Christian University (UKI) in Salemba, Central Jakarta, students set fire to photographs of [presidential candidates] Wiranto and Susilo Bambang Yudhoyono (SBY).

The UKI free speech forum included a number of events starting with a speech through to a music presentation. The free speech forum itself was titled "May in Action" (Mai Bergerak)".

The burning of Wiranto and SBY's photographs was done as a symbolic rejection of militarism. According to students, the two retired generals were involved in a number of cases of human rights violations.

"These two people were involved in a number of incidents, Trisakti, Semanggi(1), as well as the May 1998 riots [in Jakarta]. It is as if the public has forgotten these incidents. While in fact all of these incidents took many lives", said a student during a speech from the stage.

The public relations officer for the free speech forum, Jefri Silalahi, said that the action was part of a "road-show" covering 24 campuses in Greater Jakarta. Actions rejecting militarism and the New Order will continue until next May. "To fit in with our theme, that is May in Action", explained Silalahi.

However according to Detik.com's observations at the event, there were not many supporters present. The event itself was held in the grounds of the UKI campus so it did not disrupt traffic on Jalan Diponegoro. Police could be seen on alert near the action.(djo)

Notes:

1. In May 1998, security personnel shot into a crowd of student protesters from the Trisakti University near their campus in West Jakarta, killing four students and injuring several. This proved to be the spark which set-off three days of mass demonstrations and rioting in Jakarta which eventually lead to the overthrow of former President Suharto. The Semanggi I and II cases involved the fatal shooting of dozens of student demonstrators in Jakarta in November 1998 and September 1999 respectively.

[Translated by James Balowski.]

Aceh women's group rejects military presidential candidate

Fpdra.com - April 26, 2004

Khairul, Banda Aceh -- When contact by Fpdra.com by phone, the general chairperson of the Acehnese Democratic Women's Organisation (Oraganisasi Perempauan Aceh Demokratik, ORPAD), Raihana Diani, said that they reject a presidential candidate originating from the military.

According to Diani, two of the presidential candidates which have emerged such as [recently resigned coordinating minister for politics and security] Susilo Bambang Yudhoyono (SBY) and [former defense minister and armed forces chief] Wiranto have committed extensive human rights violations. In the case of martial law in Aceh, SBY is the person most responsible for the civilian victims and women who have been raped since martial law [came into force on May 19] and must be held accountable before he nominates himself as a presidential candidate.

Similarly, Wiranto was involved in human rights violations and it is very likely that if he becomes president there will be more cases like East Timor in Aceh, said Diani.

Diani also said that success of the New Order [regime of former President Suharto] and the military in restoring their position in Indonesian politics cannot be separated from the weakness of the pro-democracy movement and the extent of their dependency on the fake reformists like [National Mandate Party chairperson] Amien Rais and Gus Dur [former President Abdurrahman Wahid]. This situation has worsened because the democratic movement in Indonesia has failed to unite and still operates pragmatically.

In Aceh the situation is the same, because the movement in Aceh was dealt a severe blow by the military who again have total control of the province. So in the sort term it is time for all of the movements in Aceh to united and confront the military [and in the long term] to united to struggle for national liberation. This unity should not just be between students but must include all elements of society, including the Free Aceh Movement. If the unity of the Acehnese people can become a reality it will increasingly open up a path for the Acehnese people to resist the military and liberate Aceh.

[Translated by James Balowski.]

Wiranto's candidacy revives specter of Soeharto

Jakarta Post - April 26, 2004

Endy M. Bayuni, Cambridge, Massachusetts -- First Golkar won the April 5 general election. Now, the political machinery that kept dictator Soeharto in power for over 32 years has named Gen. (ret) Wiranto, one of Soeharto's protege, its candidate for the presidential election in July.

Barely six years since he bowed to popular demand for his resignation, Soeharto, or certainly his specter, is returning to the political scene. At the age of 83, Soeharto may not be making a physical comeback, but there is no doubt that his ideas of power management, his ruthless style of government, his loyal followers -- not to mention his family's money -- are having a big impact on this year's elections.

A victory for Wiranto in July (or in the runoff in September) -- now a possible prospect given Golkar's victory in April -- would make the picture of a "comeback" complete.

A return to the Soeharto era of government, with the emphasis on security, stability and orderliness, and the promise of economic growth and development that ensued, has been a theme that Golkar widely touted in its campaign.

Not coincidentally, it is also the theme which Wiranto, more than any other presidential hopeful in Golkar, used effectively in his campaign to clinch last week's nomination.

On the day Soeharto abruptly quit the presidency in May 1998, Wiranto in his capacity as chief of the Indonesian Military (TNI) made the famous statement that he was taking on the extra duty to protect the former president and his dignity. Later on, he disclosed to friends that Soeharto offered him the chance to take over the presidency under an emergency presidential decree, but that he turned it down, and persuaded the president instead to allow vice president BJ Habibie to succeed, as mandated by the Constitution.

Wiranto continued to serve under president Habibie and briefly served in president Abdurrahman Wahid's cabinet, as chief security minister, before he was fired in February 2000 and fully retired from public life.

His return to public life, this time as a Golkar politician, is seen as part of a bigger campaign to help restore the image and reputation of Soeharto. Soehartoism has become a hot political commodity.

But it is a one-sided, somewhat distorted picture of the former dictator that has come to the surface. We only get glimpses of the stability, security and orderliness -- and the ensuing economic growth and development -- that Soeharto brought during his rule.

There is another side, an ugly side, to Soeharto's rule that is rarely discussed, except within small circles. The Soeharto regime was also known as corrupt, intolerant, ruthless, and abusive. The regime delivered the economic goods, but at a huge cost: For most of us, the cost was our freedom -- the even less fortunate paid with their lives.

The bad legacy of the Soeharto era is still here for all to see. Our present state of economic affairs must be attributed to the huge national debt that he left in his wake, thanks to 32 years of mismanagement and corruption, particularly by his children and cronies.

Yet, corruption is probably the one area that the succeeding regimes failed to deal with effectively. In the six years since his resignation, only a handful of corruptors were convicted. Most of the children and cronies of Soeharto continue to enjoy their ill-gotten wealth, and even remain in control of their businesses today.

It's as if Soeharto gave up his crown in 1998 but he -- or rather his children and cronies -- have kept the jewel.

The new regimes not only failed to chase past corruptors, they themselves used their newfound power to engage in some corrupt practices. Not surprisingly, Golkar and Wiranto in their campaigns are now targeting today's corruptors, giving the impression that they have taken the initiative to fight graft.

But it is on the economy that those using the name and reputation of Soeharto have campaigned most effectively. The low economic growth rates the country has seen in these last six years pale to Soeharto's golden years of the 1980s and 1990s. The economy was growing so rapidly then that it "overheated" every few years.

Golkar in its campaign succeeded in turning people's attention to basic economic and social issues such as food on the table, job opportunities, education for the children, and access to health care. It required little imagination for ordinary people to conclude that, economically, things were indeed so much better 10 years ago than today.

Should we therefore be concerned at the prospect of Soehartoism making a comeback in Indonesia? Yes and no. We do not need to be overly concerned because, even if it did make a comeback, the process would be democratic. As imperfect as the political process may be, it has been widely accepted by the people that there is no way we can denounce the outcome of this democratic election.

Even if the Soehartoists were returned to power, they would find themselves returning to a different Indonesia.

For one, the political system has undergone a massive transformation in the last six years, chiefly through a series of constitutional amendments that restored the balance of power of the executive branch vis-a-vis the legislative and judiciary branches.

Secondly, the Soehartoists won the election in a multi-party system. Golkar, for example, only won about a fifth of the votes in the April election, and will probably come away with between a quarter to a third of the seats in the House of Representatives. In flexing its muscles, Golkar will be subject to much greater checks and balances compared to when it controlled up to 80 percent or more of the seats in the House during the Soeharto years.

Finally, there is civil society, which quietly developed over the past six years and filled in some of the vacuums left by the struggling government. The relatively strong civil society will provide further checks and balances on the power of the ruling party or the president. Some precautions, however, are in order.

No matter how much they claim to have changed, the only clues we have if Golkar is returned to power, or if Wiranto is elected president, is their past performances. And when it comes to such questions as human rights, fighting corruption, respecting liberties and freedoms, respecting differences and upholding the rule of law, their track records leave a lot to be desired.

They have in them tyrannical traits, and given the chance, would probably not hesitate to resort to power to get what they want. And they would cite their election victory as the mandate given by the people to do what they thought was necessary.

One thing that the specter of Soeharto should teach us is caution. Let's respect the democratic process and the outcome -- even if it is not the desired outcome. Let us also be wary. Democracy, in itself, is insufficient to prevent Indonesia from falling once again under the rule of a dictator.

There is no cause for alarm just yet, but there is a strong reason for caution.

[The writer, the The Jakarta Post's Deputy Chief Editor, is currently studying at Harvard University under fellowships provided by the Nieman Foundation, the Ford Foundation and the Asia Foundation.]

Regional/communal conflicts

Troops try to quell Ambon unrest, toll now 30

Reuters - April 27, 2004

Ambon -- Snipers killed one policeman and wounded two in Indonesia's strife-torn Ambon on Tuesday as police and soldiers patrolled the streets to restore order, officials and witnesses said.

The death toll from clashes between Christian and Muslim residents rose to 30, police said, but most of the deaths were from fighting on Sunday, and there were signs the violence in the capital of the Moluccas islands was easing.

The United Nations said 44 Indonesian staff and their families were leaving the eastern city on Tuesday. A UN office was among several buildings burnt when the violence erupted on Sunday.

"It's still tense in some spots, but less so than yesterday. We can hear gunfire but it's not often," said Endro Prasetyo, police spokesman for the Moluccas islands.

Three policemen from the Jakarta mobile brigade were shot on Tuesday in one of the neighbourhoods that has seen the worst fighting, police and witnesses said. One died, said Prasetyo.

The Indonesian government has sent 400 police and two army battalions to restore peace in Ambon. The violence has wounded about 150 people, officials say.

Complacency to blame

Analysts said complacency was partly to blame for the unrest, which stemmed from an event that has long created tension in a region still traumatised by three years of widespread sectarian fighting that killed 5,000 people before a peace deal was signed in early 2002.

The latest clashes began after police arrested people trying to raise the banned flag of a little known and mostly Christian rebel group, the South Moluccas Republic Movement (RMS), on the anniversary of a failed independence bid 54 years ago.

"The current conflict came about because of police complacency and competition among security forces over territory, between individuals in the police and the army," said defence analyst Kusnanto Anggoro in Jakarta.

"Containment of this flare-up will depend on how that problem is resolved. I don't believe this is coincidental." On Monday, violence was concentrated in two mixed neighbourhoods where scores of houses and a university were set ablaze. The incident prompted shops to close and halted transport in several parts of the city.

Despite the sniper shooting, Ambon on Tuesday was largely free of the street battles and arson of the past two days.

"There are no more torchings. The troop reinforcements have made the conflict drop drastically. The local government has spread them around sensitive places and people are seeing things get back to normal today," said city official Isaac Saimima. Many shops and government offices had reopened.

An official from the United Nations Development Programme said UN staff could return when security improved. The UN has been involved in reconciliation and rebuilding efforts. "It's not an evacuation, it's a voluntary, temporary relocation of staff," the official said.

[With additional reporting by Achmad Sukarsono, Olivia Rondonuwu and Dean Yates in Jakarta.]

Laskar Jihad ready to be sent to Ambon

Detik.com - April 27, 2004

Woro Swasti, Jakarta -- Two years after it was disbanded, Laskar Jihad is ready to be sent back to Ambon if the government cannot overcome the situation there.

"Laskar Jihad will be re-deployed in Ambon if the assessment is that the government is unable to overcome the situation. I am studying the situation on the ground minute by minute", said the Laskar Jihad commander Jafar Umar Thalib at a press conference at the Medical Emergency Rescue Committee (MER-C) offices on Jalan Keramat II in Central Jakarta on Tuesday April 27.

As far as it is known, Laskar Jihad's disbandment came out of a Sunni Wal Jamaah Communications Forum guidance council meeting on October 3-7, 2002. The disbandment of the organisation was not related to the Bali bombing tragedy but was simply an ideological question.

According to Thalib, his members are ready to be sent to Ambon at a moments notice. "No preparations are necessary. They are ready [to go]", he said.

How many people will be sent to Ambon? "Previously, before [Laskar Jihad] was disbanded, there were around 10,000 people. The number which will be sent [this time] may be more than that", he said.

Thalib said that the monitoring of the riots was continuing. The Maluku chief of police had been sacked because of the very strong influence of the Maluku South Republic [independence group] on the Maluku local police. "The deployment will be by the usual means, those who are able to go by air will go by air, [those who are able] go by sea will go by sea", said Thalib.

Furthermore said Thalib, even if they are hindered by the government the organisation will still send personnel there. "In 2000 there were hindrances by the government, by the navy, [but] we were still able to send [our members] there", he revealed.

Meanwhile, the MER-C team sent two doctors and one logistics officer to Ambon on Tuesday to provide medial assistance. The team will work at the Al Fatah public hospital. If the situation continues to heat up, they will send a follow up team consisting of various specialists, doctors and other non-medial volunteers. (aan)

[Translated by James Balowski.]

Twenty-two killed in Maluku violence

Agence France Presse - April 26, 2004

Ambon -- Twenty-two people have been killed and scores badly injured in a major outbreak of Muslim-Christian violence in the eastern Indonesian city of Ambon, medical staff said on Monday. The violence which flared on Sunday after a parade by Christian separatists was the worst since a pact in February 2002 ended three years of sectarian fighting in which some 5,000 people died.

Hundreds of extra police and troops have been rushed to the waterfront city in the Maluku islands.

Rivai Ambon, director of Al Fatah hospital, told AFP that 15 people had died at his hospital or had been brought in dead since Sunday. Six of them died on Monday, he said, and 60 others were still receiving treatment. Tikauli, an official with the Maluku branch of the Indonesian Red Cross, said after visiting Bakti Rahayu hospital that five people had died or were brought there already dead since Sunday.

She said one man with a gunshot wound was brought in on Monday.

A nurse at Haulussy hospital said there were no further deaths besides two who died on Sunday of bullet wounds. Another person died of a heart attack. But three people were admitted on Monday, one of them severely injured.

Maluku Provincial Police chief Brig. Gen. Bambang Sutrisno said 121 people were badly injured.

The UN mission, a large hotel and a church were among several buildings set ablaze during Sunday's riot, when gangs armed with machetes and other weapons took to the streets.

Residents said the city was quieter on Monday after intermittent early-morning blasts and gunshots.

Sunday's violence followed a banned parade by mainly Christian separatists of the Maluku Sovereignty Front to mark the 54th anniversary of the proclamation of a self-styled South Maluku Republic (RMS).

They traded jeers, insults and stones with mainly Muslim opponents.

A state of emergency was lifted last September. Local authorities and United Nations officials had been working to achieve reconciliation.

Reconciliation & justice

Ex-general jailed for Tanjung Priok massacre

Jakarta Post - May 1, 2004

M. Taufiqurrahman, Jakarta -- The ad hoc rights tribunal sentenced on Friday a retired general to 10 years in prison for committing gross human rights violations in the massacre 20 years ago, which killed, according to official accounts, at least 14 protesters and injured dozens of others.

Maj. Gen. (ret.) Rudolph Butar-Butar, a lieutenant colonel and former head of the North Jakarta military district, was found guilty by a five-member panel of judges of failing to prevent or halt what they called a systematic killing of civilians in September 1984.

The verdict, the first to be handed down in the Tanjung Priok massacre tribunal, is the minimum sentence for rights abusers as stipulated under Law No.

26/2000. Prosecutors had also sought a 10-year imprisonment for Butar-Butar.

Presiding judge Tjitjut Sutiyarso said the defendant was guilty of violating Law No. 26/2000 on human rights for his failure to restrain military personnel under his command from shooting civilians protesting the detention of four of their colleagues in the military compound. They barely reached the compound when troops opened fire.

The panel of judges also ordered the government to pay compensation to families of the victims who had perished in the incident, one of the most brutal incidents during the 32-year authoritarian rule of former president Soeharto.

The defense lawyers said they would appeal the verdict.

Looking appalled, Butar-Butar said he was very disappointed with the verdict.

"I was just doing my duty to the country," Butar-Butar told reporters.

Usman Hamid, coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), a local non-governmental organization which has long represented the Priok victims, praised the panel of judges saying that the verdict indicated its independence and resoluteness in punishing human rights violators.

"However, there is still a long way to go and we hope that the higher courts that will hear the appeal will uphold the verdict," Usman said.

Butar-Butar is one among 14 retired and active military personnel who have been indicted for their role in the massacre. All have been charged under the Human Rights Law, which carries a minimum sentence of 10 years in prison and a maximum penalty of death.

During the incident Butar-Butar was in charge of the 40-strong Platoon III of the Air Defense Artillery Battalion based in North Jakarta. The platoon was deployed on orders from the district military command to guard the military compound and important public facilities in the vicinity against possible attack from protesters.

The Tanjung Priok rights tribunal is the second major attempt to bring to justice military personnel responsible for past human rights abuses, after a similar trial on East Timor.

In the East Timor trial, 18 military and police personnel as well as civilian leaders were brought to court for failing to prevent gross rights abuses in the bloody mayhem following the province's breakaway from Indonesia through a United Nations-sponsored referendum.

However, 12 of the defendants, mostly military and police personnel, were acquitted.

The former military commander overseeing East Timor Maj. Gen. Adam Damiri, remains free pending appeal while civilian governor Abilio Jose Osorio Soares recently had his 10-year prison sentence upheld by the Supreme Court.

Focus on Jakarta

Jakarta Governor Sutiyoso under fire

Straits Times - May 1, 2004

Devi Asmarani, Jakarta -- City Governor Sutiyoso is under fire with groups lobbying to unseat him.

Even President Megawati Sukarnoputri's Indonesian Democratic Party of Struggle (PDI-P) is after him and is blaming his controversial policies for the party's defeat in the capital city.

This week the legislators launched stinging attacks for his administration's abundant failures, including its inability to prevent widespread flooding, and mismanagement of sewerage and waste.

They highlighted his decision to evict some 11,500 families in the city over the past year, and his controversial new traffic policies, which caused major headaches to Jakarta motorists.

Last week, city residents had to suffer a prolonged traffic jam after an eight-hour downpour.

Two years ago, Mr Sutiyoso was a target of ire for a similar situation. Residents were annoyed with him for not preparing for the imminent floods in 2002, which paralysed the capital for more than a week, killed 30 and displaced over 300,000 people. Despite past lessons, the flood canals across the city are still not ready.

Mr Sutiyoso's other controversial policies include a recent land swop deal with a private firm that forced hundreds of students of a public school to move to a new and unfavourable location.

But while the former general's list of opponents continues to swell, he has managed to safeguard his position again at least for another year after convincing most members of the Jakarta Council to accept his annual accountability report on Monday.

Except for four members of the Justice Party, the 11 factions including the PDI-P accepted the annual report, even though earlier they were inclined to reject it.

If the report had been rejected, Mr Sutiyoso would have been given 100 days to improve his performance or face removal from office. In 2002, his accountability statement was almost rejected.

Though PDI-P members accepted his report on Monday, the party has begun to maintain some distance from the Governor after the party that won in the 1999 elections assessed its defeat this year.

The party lost to the Muslim-based Prosperous Justice Party, and the Democratic Party in the capital in the April 5 election.

The Straits Times understands that some PDI-P cadres wanted him removed from office to salvage the party's image ahead of the July presidential election. But the party is split, with some influential members backing him.

"As of Friday, there were talks among the city councillors that they would reject the speech," said a PDI-P official in favour of booting him out. "But by Monday, the stance was changed to our surprise."

The former commander of Jakarta Military Command is also seen as a crucial figure in maintaining security in the capital ahead of the election in July.

Mr Maringan Pangaribuan of the PDI-P faction in the city council defended his faction's decision, saying: "We should avoid creating any more enemies in the run-up to the presidential election." But others said the decision to continue to support Mr Sutiyoso could backfire on the party.

Coordinator of the NGO, Jakarta Residents Forum, Mr Azas Tigor Nainggolan, said: "PDI-P may prevent itself from making one enemy, but it has made the enemies of many people by continuing to back Sutiyoso. This will be shown when people choose not to vote for Megawati in the presidential election."

Enraged mob sets fire to public minibuses

Jakarta Post - April 27, 2004

Evi Mariani, Jakarta -- A mob burned down two public minibuses and vandalized eight others, following a traffic accident in which a motorcyclist was killed instantly at the scene in Kalideres, West Jakarta, on Sunday night.

The fatality, identified as Baharuddin, 31, was riding his Vespa motorcycle when a speeding Kopaja minibus en route from Tanah Abang, Central Jakarta, to Kalideres hit him on Jl. Peta Barat.

The minibus driver immediately fled the scene after realizing that the victim had died. Locals and passersby, who witnessed the accident, became angry and later set fire to the minibus. Nobody was inside the vehicle.

This was apparently was not enough for the public to release their anger. They stopped every Kopaja minibus passing the street, burned another and vandalized eight more vehicles before the police arrived at the scene and managed to bring the violence to an end.

Head of the West Jakarta Police traffic division First Insp. Priyo said on Monday that his detectives had yet to find out the identity of the driver that hit Baharuddin. He added that the police had yet to identify the provocateurs in the burning and vandalism of the public vehicles.

On April 17, a mob in Sawangan, Depok, also set fire to nine Kopaja minibuses after a Kopaja 86 en route from Lebak Bulus, South Jakarta, to Kota, West Jakarta, hit motorcyclists Asep Maskur and Hadi Basuki.

Public transportation drivers in Jakarta are notorious for their reckless driving. Many race each other while carrying passengers in crowded traffic.

One of the worst accidents occurred in March 1994 when a Metromini bus plunged into the Sunter River, North Jakarta, killing 33 passengers. The driver's recklessness, and brake failure on the minibus were the cause of the tragic accident.

Ramses, the driver who survived, was sentenced to 15 years' imprisonment by the North Jakarta District Court in May 1995.

News & issues

Police reports filed by abused women rises dramatically

Jakarta Post - April 26, 2004

Evi Mariani, Jakarta -- Since the establishment of a special desk to handle cases of violence against women at the Jakarta Police headquarters in 1999, the number of reports filed have been steadily increasing.

The police data reveals that there were 107 cases filed in 2002, but the number increased by 25 percent to 134 cases in 2003.

This year, the number of reports filed stands at 50 per month on average, meaning the total for the year could exceed 600.

Both police officers and observers see the increasing number of reports as a reflection that more women have become aware of their rights as well as the presence of the special desk.

But still, according to Adj. Sr. Comr. Arismunandar who heads the desk for cases on women, young adults and children, the victims are still needed to be encouraged to make the reports as most of them preferred to stay silent.

"Victims could even call us directly to my office at 523-4264, if they want us to pick them up," he told reporters over the weekend.

The Police Women's Desk (RPK) is situated next to the complaint desk for general crimes at the police headquarters on Jl. Jend. Sudirman.

Most of the officers at the desk, which was established on April 26, 1999, are policewomen who wear casual dresses and friendly faces.

Besides providing special rooms for the victims, the desk also provides medical doctors and psychiatrists to accompany the victims -- who are usually in distress -- while giving their statements.

"We have been trained to treat the victims with empathy ... they would not be a victim for a second time here," Chief Brig. Halifah Retno Sari, one of the officers at the desk said.

"Just recently, I handled a victim who was gang raped by three men who also robbed her when she got off a public bus," she said. "The victim cried all day, beat her own breast and repeatedly said she wanted to die of shame." "She eventually talked to us after two days and later agreed to make her complaint official," she said.

In April alone, Halifah handled three sexual assault cases -- all the victims were housemaids who were raped or harassed by their employers.

In March, the desk received three rape complaints, while in February it received four, besides other cases.

Arismunandar said the desk had also received complaints on domestic violence.

"We also receive many complaints from women who were promised a marriage by their boyfriend who later did not fulfill it, whereas they had already engaged in sexual intercourse." A lawyer with Legal Aid Institute and the Association of Indonesian Women for Justice (LBH APIK), Muhammad Rezfah Omar, said that the women's desk had shown significant improvement this year.

"A major improvement is seen in the attitude of the officers. They now treat the victims with empathy, not making them a victim all over again by accusing the victims as having a part in the crime," said Omar, who often represented rape victims to file complaints with the desk.

"The officers are the same people as the previous years, but their attitude has changed. They have been more patient in questioning victims," he added. "Last year, I still found an officer who yelled at the victims, making her cry."

Environment

Students on hunger strike to protest planned nuke plant

Jakarta Post - April 26, 2004

ID Nugroho, Surabaya -- The government's controversial plan for a mega nuclear power plant (PLTN) on Madura island, East Java, has been thrust back into the spotlight by a group of students.

The students from Madura's Trunojoyo University (Unijoyo) began a hunger strike on Thursday to pressure the National Atomic Energy Agency (BATAN) to cancel its plan.

At least five of 13 hunger strikers collapsed on Saturday on campus, although they refused to be taken to hospital for medical treatment.

"Maybe, more students will collapse, but we will not cease to protest," said chairman of Unijoyo's Student Executive Board (BEM) Khotib Manzhur.

The number of protesters had initially been 11, but after two days, the addition of two students to the protest had lifted the spirit of the group.

Specifically, the group is protesting the involvement of Unijoyo lecturers in a joint study with the BATAN team for the PLTN.

Striking student Dasuki said the protest was against the construction of a nuclear power plant in Madura.

The project and those doing research to support it should be opposed. It would be detrimental to the people of Madura," he told The Jakarta Post.

Dasuki said university leaders had visited the hunger strikers claiming that Unijoyo would withdraw the academic team from the research if the students stopped the strike.

The strikers, however, rejected the condition. "It's not enough. We demand a written statement signed by the rector of Unijoyo," Dasuki said.

Moreover, the students won the support of many Muslim clerics in Madura.

"Some Madurese clerics voiced their backing in phone calls. They deliberately refrained from visiting the campus to avoid accusations that they mobilized us," Dasuki added.

Local senior councillors, politicians and environmentalists also oppose the nuclear plant. They say the project would be a setback for the country in choosing an alternative source of energy, as other countries have begun to shut down their nuclear reactors.

Anthropologist Laksono from the Yogyakarta-based Gadjah Mada University said the plant could pose serious environmental threats.

Radioactive waste from the PLTN would be stored in five- centimeter-thick-steel containers and buried 500 meters underground.

"A leak could spread to a radius of 10 kilometers, like what happened in Chernobyl. Besides causing cancer and physical defects in babies, it could also cause deaths," he said.

With increasing support behind them, the striking students plan to oppose the PLTN through a national meeting of students to be held soon in Bangkalan regency, Madura.

"During the meeting we will draft a concept to join forces against the planned PLTN," Dasuki added.

The controversy surfaced when the government together with South Korea reached an agreement on Oct. 10, 2001 to set up the plant in 2015 in Ketapang subdistrict, Sampang regency.

The project worth US$200 million is managed by BATAN and the Korean Electric Power Company. Covertly, they conducted desalination studies, breaking up elements of seawater into electricity, clean water and salt.

At a glimpse, the plant seems to be a short-term solution to the shortage of water and electricity in Madura.

Data from the East Java branch of the Indonesian Forum for the Environment (Walhi) reveals that only 10 percent to 40 percent of the demand for electricity and clean water in Madura is met annually.

In 2015, the demand for electricity would increase to 200 Megawatts, which could then be met fully by the planned PLTN.

Illegal logging blamed for deadly Pasaman landslide

Jakarta Post - April 26, 2004

Imran Rusli and Apriadi Gunawan, Padang/Medan -- Local residents blamed on Sunday illegal logging as the main cause of Friday's landslide in Pasaman regency, West Sumatra, that buried a bus and killed at least 39 of its passengers.

Meanwhile, search and rescue teams continued an intensive search for five more passengers declared missing after the PO ALS bus they were riding was buried under tons of mud.

As of Sunday, the teams had found no other survivors or bodies.

The bodies of 39 other passengers have been recovered, while 13 survivors are still receiving treatment at a local hospital.

Ardiyan, a local resident, said the landslide on Friday night was caused by torrential rains that washed away earth and debris from deforested areas in Rimbo Panti Forest, located in Sumatra's mountainous area of Bukit Barisan. The landslide washed down the slopes and over the ill-fated bus that was traveling along a mountain pass.

He added that only a few large trees were left in the stripped area of the forest.

"If government officials had prevented illegal logging in the area, the deadly accident would not have happened," Ardiyan, a resident of Panti subdistrict, was quoted as saying on Sunday by Antara.

Hasan Basri, another resident, confirmed that illegal logging had continued unchecked in Rimbo Panti Forest, which is located some 200 kilometers north of Padang, the capital of West Sumatra.

"Trucks carrying illegal logs often go back and forth from the forest. It is common knowledge," said Hasan, the owner of a restaurant located some six kilometers from the site of the incident.

He said not only timber companies, but also local residents had taken part in the illegal logging, and that another landslide had happened last year in Talu Forest, 45 kilometers from Rimbo Panti, but luckily, no fatalities were reported in the incident.

As of Sunday, several fallen trees, covered by mud, could be seen laying in the street near the site of the landslide.

Government employees used a chain saw to cut the trees and excavators to haul away the mud to allow traffic to resume. Members of search and rescue teams were still working non-stop to remove the mud from the body of the bus in their search for the five missing passengers.

Separately, West Sumatra Forestry Office head Jhonny Azwar denied allegations that illegal logging was the main cause of the fatal landslide.

"A few parts might be deforested, but in general, Rimbo Panti Forest remains intact," he said, adding that his office was looking into the cause of the incident.

The landslide in Pasaman regency occurred only two days after a similar landslide swept through Cililin subdistrict in Bandung, the capital of West Java. Illegal logging has also been blamed as the cause of the Cililin landslide.

Health & education

'Business always wins against education'

Jakarta Post - April 27, 2004

The legal dispute over a land swap deal dating back to 2000 between the government and developer PT Tata Disantara, owned by former manpower minister Abdul Latief, has yet to be resolved.

The firm stance by the teachers, students and parents of the SMP 56 state junior high school against the deal has elicited various reactions. After the children being forced to study for three days in the school's parking lot, members of the Indonesian Democratic Party of Struggle (PDI-P) forced their way into the sealed school building on Thursday.

Esta, 21, is a student from a private university in West Jakarta. She lives in a boarding house nearby: It is a classic story of education having to bow down to business interests in this country. If the teachers and students of SMP 56 win, then it will be a miracle.

But what annoys me is that PDI-P politicians acted violently to get the teachers and students back into the sealed school building. It reduces the sympathy we feel for their struggle, don't you agree? However, regardless of the accusations that the case has been politicized, I think the city administration should side with the teachers and students. We all deserve access to education as is the objective of the central government. Businesspeople should participate in the campaign by helping to improve existing schools instead of establishing their own universities.

Juarsa, 33, an employee of a company on Jl. Proklamasi, Central Jakarta, lives in Kebayoran Lama district, South Jakarta: I read about the case in the newspapers. I haven't been following it continuously, however. But the most important thing, I think, is that the students of the school must not become the victims. The learning process must not be disrupted by such a dispute.

I hope that all involved in the dispute can resolve the problem as soon as possible so that the students will be able to benefit from a normal education.

Outsiders, including politicians, must not seek benefit from the dispute. They must act in good faith to help seek a win-win solution for everyone involved, and not prevent the problem from becoming even more complicated.

Malnutrition rate soars since economic crisis

Jakarta Post - April 27, 2004

Wahyoe Boediwardhana, Ubud, Bali -- The malnutrition rate in the country has reached alarming levels since the economic crisis, sending a signal to the government to pay more attention to the issue. The infant mortality rate is currently two infants per minute in the country.

Head of the Department of Health Clinical Nutrition? Unit Yustina Indriastuti revealed on Monday that in 1989 there were 1,342,769 reported cases of malnutrition in a total population of 177,614,965 people. The number was slightly higher in 2000, reaching 1,348,181 cases of a total population of 203,456,005 people.

However, the number of toddlers suffering from malnutrition skyrocketed in 2002 to 5,145,533 toddlers, or 27.3 percent of the country's toddlers at that time, according to the Information Network on Food and Nutrition (JPIG), an internal bulletin of the Department of Health.

The much higher rate of malnutrition was attributed to the increased poverty rate in Indonesia following the economic crisis that struck the country in 1997.

A senior lecturer at the University of Indonesia's Nutrition Department Lanny Lestiani confirmed that poverty was one of the primary causes of malnutrition in the country.

"The eradication of poverty is a vital step in the process of improving the nutrition of the country's toddlers," she said.

JIPG data shows that some 38.4 million people in Indonesia are currently living below the poverty line and some 50 percent of them cannot meet the recommended daily intake of nutrition and food. Indonesia ranks 110 on the Human Development Index, below neighboring Malaysia, the Philippines, Thailand and even Vietnam.

Besides poverty, low awareness, especially of city dwellers, is also often identified as a cause of malnutrition.

"Busy and hectic lifestyles have apparently made many people forget the importance of a well-balanced, diet," Yustina told participants of the Bion 3 Destination Immunity event.

Held in Ubud, the two-day gathering, which was sponsored by PT Merck-Indonesia, the maker of Bion 3, a health supplement product combining pro-biotic nutrients, vitamins and minerals, involved dozens of journalists and nutrition experts.

Many at the gathering have called on the government to take the measures necessary to improve the well-being of society, so that it can help prevent malnutrition.

This step is important because malnutrition, along with infectious diseases, has contributed to the high infant mortality rate in the country.

Indonesia must allocate at least Rp 4.6 trillion per year to offset the impact of malnutrition by providing treatment and supplemental food programs focused at toddlers from poor families.

International relations

US senator says Wiranto wrong choice for president

Associated Press - April 29, 2004

Jakarta -- US lawmaker who authored a bill freezing military ties with Indonesia following violence in East Timor in 1999 said Thursday an indicted general running for president should be brought to justice for his alleged role in that conflict.

Sen. Patrick Leahy, a Vermont Democrat, also said a victory by Gen. Wiranto in the July 5 presidential election would be "highly unfortunate" and that Indonesia needed a leader "who respects democratic values, human rights and the rule of law."

"General Wiranto was in command when the Indonesian Army orchestrated the atrocities in East Timor, he was indicted for those crimes, and he should be brought to justice," Leahy said in a statement from Washington. "It would be highly unfortunate if someone of his background were to become Indonesia's president."

Leahy's comments are the strongest yet from Washington since Wiranto won the nomination of Golkar, the country's largest political party, last week.

Public opinion surveys show Wiranto is trailing far behind front-runner Susilo Bambang Yudhoyono and incumbent President Megawati Sukarnoputri.

Last year, Wiranto was indicted by a UN-funded tribunal for allowing Indonesian soldiers to kill more than 1,500 people and destroy much of the half-island province. The US Congress reacted by placing strict curbs on military-to-military ties between the two countries that remain in place to this day.

US diplomats in Jakarta have refrained from commenting directly on Wiranto's candidacy. Wiranto's nomination, however, sparked protests by rights groups, which described him as a war criminal. East Timorese leaders said a Wiranto presidency would turn Indonesia into an international pariah.

Wiranto has denied the charges and said they are aimed at derailing his candidacy. His campaign spokesman could not be reached for comment Thursday.

Business & investment

Who's bankrupt? Foreign firm or Jakarta court?

Asia Times - April 30, 2004

Bill Guerin, Jakarta -- A sense of deja vu surrounded the astonishing news that an Indonesian court has once more declared a major foreign enterprise bankrupt, despite its healthy financial state. The case, involving largely British-owned PT Prudential Life Insurance (Prudential), is yet another major public relations disaster for Jakarta and could thwart government efforts to woo foreign investment and boost growth.

The operations of PT Prudential Life Insurance (Prudential) were brought to a halt last Friday after the Central Jakarta commercial court declared it bankrupt on the strength of a petition filed by Malaysian Lee Boon Siong on April 7. Siong had cited the failure of the company to pay him out after his agent- recruiting and agent-training contract was terminated in January for undisclosed reasons. In the petition, he claimed he was owed Rp 366.8 billion (US$42.5 million) in unpaid bonuses and travel allowances and for the loss of future earnings.

The surprising verdict drew waves of censure from various groups and sparked a strong protest from the British Embassy in Jakarta. The embassy said on Monday that it was in "urgent discussions" with the company about action with the Indonesian authorities. "We are deeply concerned about the case, which has strong similarities with the Manulife case," the statement said.

This was a reference to a similar ruling delivered by the same court in 2002 when it handed down a bankruptcy verdict against PT Asuransi Jiwa Manulife Indonesia, a subsidiary of Canadian insurance giant Manulife, in a legal battle against its former local shareholder. Like Prudential, Manulife Indonesia was solvent, but the judges ruled Manulife Indonesia bankrupt for not paying a 1999 dividend. The company shut down operations for six days. The Supreme Court eventually overturned the ruling, but not until it was faced with strong intervention from the Canadian government.

Manulife alleged that the decision was influenced by bribery. Judges in the case denied the accusations, but after several months the minister of justice suspended the three judges involved on suspicion of bribe taking.

Prudential President Charlie E Oropeza, though he did not allege bribery, said the company also would appeal to the Supreme Court over the commercial court's decision. "We are surprised by the court's decision ... The petition, which is from a disgruntled former consultant, is wholly without merit," said Oropeza.

Many others agree, as hundreds of company staff and self-employed insurance agents staged a peaceful protest on Monday outside Prudential's main office in a show of support for the company. The protesters signed a petition demanding that the government look into the matter. The ironic twist is that these were Indonesian workers protesting on behalf of a foreign company: Prudential is 94.5 percent owned by UK-based Prudential Plc, with the few remaining shares held by a local company, PT Sasana Dwi Paramitra.

Not in line with the law

Both the Manulife and Prudential verdicts, against bona fide, large, healthy enterprises, are not in any way in line with the intent of Bankruptcy Law No 4/1998, which is directed at business debtors that have no intention of paying their debts. The law came into force in 1998 after pressure from the International Monetary Fund (IMF) to set up a legal way of forcing local debtors to repay their debts to foreign creditors.

A commercial court was formed, and the judges of the new court were supposed to have undergone rigorous selection and training in order to make them immune to corruption and also to give them expertise in bankruptcy matters, which were to be the exclusive focus of the commercial court.

The logic of the law is questionable, to say the least, given that a company that does not repay even a single debt can be declared bankrupt by the commercial court regardless of whether it is solvent or not.

As Siong's lawyers put it when arguing that the case was a contractual dispute and that the move to force the unit's bankruptcy was perfectly legal under Indonesian law: "Even if you are rich, even if you are profitable, if you don't pay your debts, you can be declared bankrupt."

One of the many oddities about this particular case is that the current bankruptcy law requires more than one creditor for an action to be successful. However, there has been no information released on any creditor other than the Malaysian consultant.

Though Prudential has denied that its operations will be affected by the verdict, there is some concern about security. A company representative, Nini Sumohandoyo, told the press on Monday that the firm had shut down "to avoid unwanted things from happening to us".

Twenty-four hours later, Yuhelson, the receiver appointed by the court, suspended Sumohandoyo and three others and warned that if the directors did not hand over the liquid assets of the company within two days, they would be deemed in breach of the court's instructions. The matter would then be reported to the police.

Prudential's lawyers hit back with demands that the court replace Yuhelson, claiming that he used to work as a lawyer at Lucas SH & Partners, which is representing Siong. The lawyers said that prior to any verdict issued by the Supreme Court, a receiver will run Prudential and the company's assets will be temporarily frozen. If the Supreme Court were to uphold the bankruptcy ruling, "Prudential will be liquidated and its assets distributed to Prudential's creditors, who include policyholders".

Healthy as healthy can be

Last year, Prudential Life's premium income more than doubled to reach Rp 1 trillion ($117 million) from Rp 477 billion in 2002. Its risk-based capital (RBC) rate, at 255 percent, was way above the minimum requirement of 100 percent. Another parameter used by the Ministry of Finance to determine the financial standing of insurance companies is their liquidity rates. Prudential Life's was a healthy 110 percent in 2003.

Since last Friday, on top of recent developments regarding the bankruptcy law, the director general of financial institutions at the Ministry of Finance, Darmin Nasution, was the first to engage in damage limitations.

His office oversees the insurance industry, and Nasution promised on Monday to lobby the House of Representatives to amend the "flawed" law immediately. He pointed out that the ministry had proposed an amendment to the law last May under which the ministry would have the final say before dissolving an insurance company.

Nasution said the case had created uncertainty in the country's business climate, and told reporters it "should serve as a wake- up call to speed up the revision of the bankruptcy law". "This case will indeed affect the investment climate," echoed Coordinating Minister for Economic Affairs Dorodjatun Kuntoro- Jakti on Tuesday.

There are some 80,000 life-insurance agents nationwide, and by coincidence, the Indonesian Life Insurance Association (AAJI) chose this week to confirm that a policy aimed at standardizing the quality of all life-insurance agents in the country had been approved by the government. All life-insurance agents across the country will henceforth have to register with the association for training and certification. The Singapore College of Insurance helped with designing a certification program.

Siong was one of several Malaysian and Singaporean entrepreneurs who have seized the initiative to build sales forces for Prudential in Indonesia, where the company has no direct sales staff. There are fortunes to be made. Business written in Indonesia and the rest of Asia for Prudential is said to be twice as profitable as that written in the United Kingdom and six times as profitable as that previously written through the now- disbanded UK direct sales force.

Indonesia also has the lowest ratio of policyholders to population, less than 6 percent, and thus the greatest potential, among the countries in the region. The ratio is above 12 percent in Singapore, Thailand and Malaysia.

Insurance comes to Indonesia

Prudential's expansion in Indonesia was motivated by a 2001 government regulation that exempted investors in the sector from the minimum capital requirement of Rp 100 billion ($10 million at the time). This incentive was meant to facilitate the take-over of struggling insurance companies, part of efforts to stem the rapid decline of the sector. Although new investors were allowed to invest less than Rp 100 billion, they were expected to improve the performance of the ailing companies.

Then, in June 2001, Prudential acquired the US-based Allstate Corp's majority holdings in Pt Asuransi Jiwa Allstate in Indonesia and Allstate Life Insurance Co in the Philippines for $7.5 million, a deal that gave the group more than 14,000 new policyholders, 4,400 agents and 230 staff in both countries.

Prudential Asia Corp (PAC) currently employs more than 6,000 staff and serves some 5 million customers, making it the leading European life insurer in Asia, with operations in 12 countries or territories -- China, Hong Kong, India, Japan, South Korea, Malaysia, the Philippines, Singapore, Taiwan, Vietnam, Thailand and Indonesia.

Mark Norbom, the director of Prudential's Asian businesses, was appointed this January and awarded a salary package worth up to $5 million. He replaced Mark Tucker, who had earned even more than Prudential chief executive Jonathan Bloomer when he was running the Asian side.

"All the ingredients were there: an increasing population, emerging middle class and a shift in pension provision away from the state," Tucker said when taking over.

In addition, analysts expect PAC to account for 50 percent of new business premiums by 2005, compared with 11 percent in 1999.

The Indonesian arm of PAC, first established in 1995, now has upwards of 8,000 self-employed sales personnel and 230 permanent staff. It has six main sales offices, 61 agency offices and 14 financial advice centers nationwide.

Thus, wags might argue that it is Indonesia's notoriously inept, delay-ridden and corrupt court process itself that is bankrupt, not Prudential. As Nasution pointed out, with exquisite understatement: "The verdict was obviously decided using legalistic technicalities and terms that don't equate with reality. Prudential is financially fit, and by logic it does not deserve to be dissolved."

Dorodjatun warns court ruling could scare off investors

Associated Press - April 27, 2004

Jakarta -- Indonesia's top economics minister said on Tuesday that a controversial bankruptcy ruling against the local unit of Britain's Prudential Life insurance company will hurt foreign investment in the country.

The company remained closed for a second day Tuesday following a ruling by a Jakarta commercial court that declared the company bankrupt. The company has appealed Friday's ruling, insisting it is financially sound.

"This case will indeed affect the investment climate," said Senior Economics Minister Dorodjatun Kuntjoro-Jakti. He added that the government was studying the court's decision.

The ruling came out of an unusual claim filed by a former employee Lee Boon Siong. He demanded US$40 million in damages after the country's leading investment-linked insurance company terminated his agent-training contract last year.

The court ruled that Lee is owed $400,000 and appointed a custodian to take control of the business until Prudential -- which is appealing the decision -- pays the fee to Lee.

In response, Prudential shut its Indonesia offices on Monday but said it will keep honoring policy claims. It said it will seek to have the bankruptcy decision overturned by the Supreme Court as soon as possible.

The British Embassy also criticized the ruling and hundreds of employees rallied outside the company's office to have the decision overturned.

The case underscores the government's failure to reform its corrupt and ineffective court system which has handed down a string of questionable rulings against foreign investors and contributed to a sharp drop in investment in Indonesia.

In 2002, a court declared PT Manulife Indonesia, a unit of Canada's Manulife Financial Corp., bankrupt in a legal battle against its former local shareholder.

The Supreme Court later overturned the verdict after international financial institutions intervened and threatened reprisals against Indonesia.

Critics have said that the logic of Bankruptcy Law No. 4/1998 was weak because a company that does not repay even one of its debts could be declared bankrupt by the Commercial Court regardless of whether it was solvent or not.

The concept of the existing Bankruptcy Law was inspired by Dutch law expert Jerry Hoffe together with the International Monetary Fund in 1998 with the purpose of forcing recalcitrant local debtors to repay their debts to foreign creditors.