Aceh

Indonesia accepts Sweden's decision on Tiro

Jakarta Post - July 21, 2004

Adianto P. Simamora, Jakarta -- Indonesia accepts the Swedish prosecutors' decision to drop charges against Hasan Tiro, the exiled former chief of the separatist Free Aceh Movement (GAM), Minister of Foreign Affairs Hassan Wirayuda said on Tuesday.

But Hassan urged Sweden to continue the legal action against the self-styled GAM leaders Zaini Abdullah and Malik Mahmood.

"We can understand the decision because even in Indonesia, anyone can evade charges due to the health reasons," Hassan told reporters.

He said there were judicial systems in some countries in which the suspects who were not deemed of good health could not be asked to be held responsible for something they had done in the past.

"This is apparently the case with Tiro," he said.

Stockholm's chief prosecutor Tomas Linstrand decided on Friday to drop all charges against Tiro, claiming that he was now merely a moral authority for the movement.

Jakarta, which has urged Stockholm to take action against the three, says they direct the revolt in the Indonesian province from exile in Sweden.

Tiro has been living in exile since 1979 and has become a Swedish citizen.

Sweden arrested Zaini and Malik last month. Tiro, 80, was not arrested due to his age but was declared a suspect by Sweden's state prosecutors.

However, Zaini, who has Swedish citizenship and Malik, who has Singaporean citizenship were released as prosecutors have not presented enough evidence to justify their detention.

Sweden's foreign ministry spokesman said on Monday that Indonesia should not blame the Swedish government for the prosecutors' decision.

"Indonesia knows how the Swedish judicial system works," foreign ministry spokesman Jan Janonius said as quoted by AFP, pointing out that the government does not meddle in the work of prosecutors.

GAM has been fighting since 1976 for independence for the province of Aceh (Nanggroe Aceh Darussalam), located in the north of Sumatra Island, which has a population of 4.2 million and large oil and natural gas reserves.

The Indonesian Military claims about 5,000 rebels have been killed, captured or have surrendered during the year-long operation to crush GAM that ended in May.

Puteh stripped of powers in Aceh

Jakarta Post - July 22, 2004

Fabiola Desy Unidjaja and Muninggar Sri Saraswati, Jakarta -- President Megawati Soekarnoputri officially stripped Abdullah Puteh of his powers as Aceh governor and administrator of the civil emergency on Wednesday.

However, Puteh's lawyers say the move means Puteh would be back at work in his job as early as this week.

Megawati's Presidential Instruction (Inpres) No.2/2004 requires Puteh to comply with the Corruption Eradication Commission's (KPK) probe into a graft case in which Puteh is a suspect.

The instruction says during Puteh's questioning "the administration will be run by the deputy governor, who is accountable to the president through and in accordance with directives from the Minister for Home Affairs (Hari Sabarno)." The KPK is questioning Puteh about irregularities in the purchase price of a Russian helicopter bought by the Aceh administration in 2001. The alleged mark-up is thought to have cost the state about Rp 4 billion (US$440,000).

"The daily duties and authorities of the Nanggroe Aceh Darussalam governor as administrator of the civil emergency will be taken over by the [acting] Coordinating Minister for Political and Security Affairs [Hari Sabarno] as the Central Civil Emergency Administrator," the instruction says. The change, the instruction says, reflects the government's commitment to eradicating corruption.

Puteh's lawyer Eggi Sudjana said defense lawyers had dropped their plan to sue Megawati because the presidential instruction did not dismiss Puteh.

However, Eggi said Puteh would go back to Aceh to resume his duties as the governor and civil emergency administrator until the next questioning.

This was because the instruction only stripped Puteh of his powers when he was being questioned, he said. "As the questioning won't be held until next month [Puteh] can resume his daily work. In fact, the instruction is useless," he said.

He also revealed Hari had phoned his client on Tuesday. "But I don't know what they talked about," Eggi said.

Puteh said he would abide by the instruction. "The instruction is the policy of the President as my supervisor. I will obey it and I will be loyal," he said after undergoing an eight-hour questioning session at the KPK's office on Wednesday. Puteh said he had tried his best to be cooperative during the questioning by the commission.

"I have already answered some 200 questions. They [the commission] are very professional so I have tried to answer their questions professionally," he said.

Puteh will be questioned again on August 2. In the meantime, the KPK will question several other witnesses in a bid to evaluate Puteh's answers.

Hari, meanwhile, said he would assign an official as soon as possible to run Aceh's civil emergency administration. "Since this is a state of civil emergency, [the official appointed] will be a civilian," Hari said. Aceh deputy governor Azwar Abubakar would run the Aceh administration in the meantime, he said

Acehnese feel sidelined over Puteh

Jakarta Post - July 19, 2004

Nani Afrida and Tiarma Siboro, Banda Aceh/Jakarta -- Acehnese people will again have to face the bitter reality of the government's failure to consult and to take into account their aspirations every time it takes a major policy decision, even though the decision will greatly affect their lives.

President Megawati Soekarnoputri made up her mind last week to replace Aceh Governor Abdullah Puteh, who has been declared a suspect in a corruption case. Home minister Hari Sabarno also confirmed the President's plan on Saturday.

Aceh Legislative Council, however, has not been informed at all about the plan to fire Puteh, which means that he will not be able to finish his five-year term in 2006. "We have not heard anything about the plan. We only know about it from the media," said Azhari Basyar, deputy chief of the legislative body, when contacted by The Jakarta Post on Sunday evening.

Azhari said he had checked all factions in the council and none knew about the new development. The Golkar politician said he was surprised at the government's move because the council had not received official notification about it.

Separately, Councillor Nasir Djamil supported the government's plan to replace Puteh, saying that he was also implicated in several other corruption cases. "I heard about the plan to replace Puteh and I think it is good news. I also heard that several candidates have been proposed to the President, some of them former servicemen. Personally, I don't mind if Jakarta picks a suitable candidate to rule Aceh, even if he is not an Acehnese," he told the Post.

The Corruption Eradication Commission (KPK) has declared Puteh a suspect over the markup in the purchase of a Russian-made Mi-2 helicopter. The markup has cost the state Rp 4 billion (US$440,000) in losses.

Meanwhile, KPK deputy chairman Erry Riyana Hardjapamekas said the KPK would meet the President on Monday morning, to discuss the commission's instruction to her to fire the governor. "We are following Law No. 30/2002 on the KPK, which stipulates that the commission has the authority to order the superior of a suspect to suspend [or fire] the suspect," Erry said, when asked about the focus of their discussions with Megawati.

The KPK sent last week an official letter to Megawati ordering Puteh's suspension after he twice ignored the commission's summons. Last week, however, he fulfilled the summons.

Initially, the Indonesian Military (TNI) was very outspoken in criticizing the governor; however, its position has shifted recently without any public explanation. Minister Hari has also changed his stance.

Megawati, reportedly, is giving consideration to replacing Puteh with either a former minister or a former governor. "If, during the meeting, the President asks anything else about the Puteh case, we [the KPK] are open to discussing it," Erry said.

Meanwhile, Aceh Military Operations Commander Maj. Gen. Endang Suwarya claimed that up to 4,000 suspected members of the Free Aceh Movement (GAM) had been killed, captured or surrendered during the military offensive launched there a year ago. "The total number of GAM members was reduced by almost one half by an all-out military offensive launched in May last year," Endang said.

Puteh 'can stay in Aceh top posts'

Jakarta Post - July 23, 2004

Tiarma Siboro and Muninggar Sri Saraswati, Jakarta -- Puteh will still be free to resume his duties as Aceh governor and the province's civil emergency administrator, after the Corruption Eradication Commission (KPK) has finished questioning him in a graft scam, a minister has said.

Chief security minister Hari Sabarno made the statement on Thursday, only a day after President Megawati Soekarnoputri issued an instruction to strip Puteh of his powers.

"It's no problem [as long it did not hamper the investigation]," Hari replied when asked if Puteh would be allowed to retain his governorship.

The presidential instruction, which is widely perceived as imprecise, required Puteh to comply with the KPK's summons for questioning over an alleged markup in the purchase of a Russian helicopter.

Furthermore, the Aceh administration would be run by the deputy governor, while Puteh's position as the civil emergency administrator would be taken over by the coordinating minister for political and security affairs, the instruction said.

Despite stripping him of his powers in order to face the graft inquiry, the instruction did not declare that Puteh be "suspended" or "dismissed" from his top two responsibilities.

Hari's remark drew immediate criticism from constitutional law expert Satya Arinanto, who said the instruction failed to provide legal certainty with regard to Puteh's position.

"It's strange, as the instruction will leave the door open for the governor to rule again once the KPK is no longer questioning him," he said. "The substance of the presidential instruction leaves room for doubt with regard to the government's commitment to eradicating corruption," Satya added.

He said the President should not have hesitated over accepting a KPK order to suspend the Aceh governor in order to facilitate his interrogation, arguing that the law on the commission stipulated that other legislation was subservient to it.

"Consequently, there's no way a suspect can sue the President. Even if the suspect threatened to sue her, she could ignore it because corruption could be considered an extraordinary crime," Satya said.

Puteh's lawyers had threatened Megawati with a lawsuit had she issued a decree to suspend or dismiss their client, saying it would have been against the law if the decision had been made in the absence of a recommendation from the Aceh legislative council.

Eggi Sudjana, one of Puteh's lawyers, said his client had dropped plans to sue the President because her instruction did not dismiss him.

However, Puteh would go back to Aceh to resume his former state duties soon after being questioned by the KPK. Separately, home affairs ministry secretary-general Sitti Nurbaya said her office was currently drafting a ministerial decree to implement the presidential instruction.

"We shall issue it soon in a bid to prevent any misinterpretation of the instruction," she said after a meeting with KPK members on Thursday.

After a meeting with Editors' Club members on Wednesday evening in Jakarta, Puteh hailed the presidential instruction, saying it was a "clever regulation" as it merely delegated his duties to other figures but kept him in his current position.

The KPK is scheduled to grill Puteh again on Aug. 2 after questioning a number of witnesses in relation to a corruption scandal that has reportedly cost the state some Rp 4 billion.

Aceh death toll mounts

Laksamana.Net - July 22, 2004

State troops have killed more than 230 suspected separatist rebels in Aceh province since martial law was lifted two months ago, an official said Wednesday (21/7/04).

Police spokesman Senior Commissioner Anjaya said that from May 19 to July 19, troops killed 232 members of the Free Aceh Movement (GAM). That's an average of more than four killings a day.

Human rights activists say many of those killed in the resource- rich province, located in northern Sumatra, were civilians.

Nine soldiers and two police were killed over the same period, said Anjaya, who is also a spokesman for Aceh's civil emergency authority, which replaced the martial law administration on May 19. During the same period, 114 suspected rebels were arrested and another 95 surrendered, he added.

Authorities had claimed that replacing martial law with the civil emergency administration would reduce tensions between the rebels and state security forces, but the ongoing violence shows no signs of abating.

The government on May 19, 2003, launched a massive military operation to crush the rebel movement, after the collapse of a five-month ceasefire. At that time the Indonesian Defense Forces (TNI) estimated GAM's strength at 5,251 personnel.

Since then at least 2,195 rebels have been killed, while a further 3,585 have been arrested or surrendered, according to military data. That amounts to 5,780 GAM members taken out of action, well above TNI's initial estimate.

TNI explains the discrepancy by claiming GAM recruited new members during last year's ceasefire and during the ongoing offensive.

TNI commander General Endriartono Sutarto on May 5 said GAM's strength had been reduced to 30% -- meaning about 1,500 rebels were still at large. With 441 removed since then, there are now about 1,059 rebels left.

At the ongoing rate of killings, arrests and surrenders -- 7.22 per day -- GAM should theoretically be eradicated within 146 days, or by mid-December. But it remains to be seen whether the military will want to curb its presence in the province, where soldiers have a saying that they "either go home rich or dead".

An estimated 13,000 people, mostly civilians, have been killed in Aceh since GAM began fighting for independence in 1976.

Violence continues in Aceh province

Voice of America - July 21, 2004

Tim Johnston, Jakarta -- Indonesia soldiers carry body of Said Adnan, who has been identified as a governor for Free Aceh Movement in North Aceh. File photo -- Jan. 16, 2004

Reports from Indonesia's northern province of Aceh say that more than 200 people have been killed by the army and police in the past two months.

The continuing battle between security forces and separatists shows no sign of abating.

When the Indonesian authorities lifted martial law in Aceh two months ago, there was widespread hope that it would calm tensions between the separatist rebels and the army and police units pursuing them.

But officials said Wednesday that 232 people, whom they described as "suspected terrorists," had been killed since the resumption of civilian rule. That's an average of more than four a day.

According to the army, more than 2,000 people have been killed in the past 14 months. Human rights organizations have been highly critical of the tactics used by government forces, saying that many of the casualties were civilian bystanders not involved with the separatists of the Free Aceh Movement.

Academic Kirsten Schulze has spent the last year researching the conflict in Aceh. She says there have been some beneficial changes since the repeal of martial law, but she says little has changed regarding security.

"Where a movement has been made since the downgrading to a civil emergency is on the economic side and more the civilian elements where you have seen a lifting of some of the restrictions, and movement has become easier within Aceh, but overall I think very little has changed," she said.

Indonesia's president, Megawati Sukarnoputri has sought a military solution to the problem in Aceh. But, she is standing for re-election in September and opinion polls show her trailing her former security minister, Susilo Bambang Yudhoyono.

When he was security minister, Mr. Yudhoyono won support among ordinary Acehnese for backing an internationally-brokered cease- fire. Although the truce broke down 18 months ago, he has promised to seek alternative ways of placating the province while keeping it within Indonesia.

Kirsten Schulze says she sees little hope of any political initiatives until after the presidential elections in eight weeks time.

Military says it killed over 230 rebels in two months

Agence France Presse - July 20, 2004

Jakarta -- Indonesian troops have killed more than 230 alleged separatist guerrillas in Aceh province since martial law was lifted two months ago.

Some 232 alleged members of the Free Aceh Movement (GAM) -- or almost four people a day on average -- died in clashes between May 19 and July 19, said Police Senior Commissioner Anjaya.

Nine soldiers and two policemen were killed in the same period and 16 soldiers were wounded, said Anjaya, the spokesman for the civil emergency authority which replaced the martial law administration on May 19.

The latest figure means that -- according to military and police counts -- almost 2,200 rebels have been killed since May 19, 2003, when the military launched a huge operation to crush GAM after a brief truce broke down.

Rights groups say many of those killed or captured in the province on Sumatra island have been civilians.

Anjaya said 114 guerrillas were arrested in the past two months while 95 others surrendered. Government forces confiscated 152 firearms.

GAM has been fighting for independence since 1976 and has also been accused of rights abuses.

An estimated 10,000 people, many of them civilians, died in the province between 1976 and 2002. Most of them were killed during a brutal 10-year military operation which ended in 1998 with the fall of strongman Suharto (news - web sites).

In the latest violence, troops shot dead two suspected rebels in a clash at Seulimum in Aceh Besar district on Tuesday, said local military commander Lieutenant Colonel Joko Warsito.

Land/rural issues

Central Java and Yogya face drought and crop failure

Jakarta Post - July 24, 2004

Suherdjoko and Slamet Susanto, Semarang/Yogyakarta -- The dry season has started in Central Java and Yogyakarta, leading to critical water shortages and serious damage to rice crops, officials say.

According to the Central Java Agricultural Office, about 18 out of 35 regencies in Central Java are facing water shortages in the early stages of this year's dry season. The season, which started in April, is expected to last until September.

Data from the Central Java Water Resource Management Office (PSDA) says three of the 30 reservoirs in the area have completely dried up and 11 others are in critical condition.

Areas which are suffering from water shortages are the Cilacap, Purworejo, Kebumen, Sukoharjo, Karanganyar, Sragen, Wonogiri, Klaten, Brebes, Pemalang, Pekalongan, Semarang, Grobogan, Pati, Blora, Banyumas, Boyolali and Rembang regencies.

Food Crops Protection and Horticulture Agency head Suhargi Yantono said almost 13,000 hectares of rice fields in these areas were suffering the effects of drought, while 3,491 hectares of would likely suffer harvest failure.

The Wonogiri regency was the worst affected, with severe droughts affecting 2,180 hectares of land, followed by Klaten with 535 hectares, Sukoharjo with 387 hectares and Boyolali with 144 hectares.

"Severe water shortages in these areas usually happen in the dry season when rain-dependent rice fields in Wonogiri are the worst hit," Yantono said.

The administration this week set aside Rp 400 million (US$42,105) from the PSDA's budget for cloud-seeding. PSDA head Nidham Azhari said seeding was an effective way to minimize the effects of water shortages in the regions.

Meanwhile, the Yogyakarta provincial administration said it had prepared food reserves of 116 tons of rice using a local coordinating agency to anticipate the likely shortages caused by the drought.

"Rations are ready to be channeled at any time to areas that are in need," secretary Bambang Priyohadi said on Thursday.

The dry season used to be noticeable in June and peak in August, however, the irregular weather patterns of late had meant it would likely continue into September, Bambang said.

"Health problems caused by a lack of clean water, medical care and food scarcity will arise, as in previous droughts," he said.

The areas around Yogyakarta most prone to drought are the Gunungkidul and Kulonprogo regencies, with both experiencing serious problems in the past. Regional administrations have been supplying extra water to these areas for the past several weeks.

Data shows that 182 out of 260 artesian wells in Gunungkidul; an important source of water for locals; are running low or have dried up in the past month and many residents now have to buy their water.

Semanu district public welfare official Sumantri said four of the five villages in his district were now facing water shortages.

Residents had to pay Rp 70,000 for a tank of water, Sumantri said. "It depends on the distance. It could cost more than Rp 100,000 for a tanker truck to send water to a remote village," he said.

'War on terrorism'

Bali bombers may go free in legal shock

Melbourne Age - July 24, 2004

Matthew Moore, Mark Forbes -- The Bali bombers may be set free after a ruling from Indonesia's Constitutional Court that the terrorism law used to convict them is illegal.

Australian Foreign Minister Alexander Downer last night said he had contacted Indonesian officials who were also concerned by the ruling that the anti-terrorism law was unconstitutional because it was retrospective

The bombers' lawyers asserted that the court decision in favour of an appeal by an Indonesian who assisted the bombers meant they will all have to face new trials or be set free.

Both the Indonesian and Australian governments were determined the bombers should not be freed, Mr Downer said. "We want those people who have been convicted of the Bali bombing, of killing 88 Australians and in total over 200 people in Bali, we want those convictions to stand.

"If they get overturned on some technicality in an appeal, well in those circumstances we will be working with the Indonesian Government encouraging them to bring fresh charges. We have been talking to them, they don't need any persuasion about this, they don't want to see the Bali bombers released."

Mr Downer said he was sure the bombers would appeal their convictions, but it was not automatic that they would succeed. This was an advisory opinion made in one case, he said.

In a five-four decision, the judges of Indonesia's new Constitutional Court upheld an appeal by Masykur Abdul Kadir, who is serving 15 years for assisting key bomber Imam Samudra, on the grounds that the law used to convict him was retrospective. "...law No. 16 2003 [the terrorism law passed to prosecute the Bali bombers] is against the constitution ... and has no binding legal power," the judges said in their majority verdict. Thirty- two people have been convicted under the law.

The implications of the shock decision are still being assessed by lawyers. But it appears certain that 20 months after the bombings that killed 88 Australians, the convictions of all the bombers have been thrown into doubt. It also seems likely to force reconsideration of the proposed new prosecution of Abu Bakar Bashir, the alleged spiritual leader of the Jemaah Islamiah terror group blamed for the Bali bombings.

Adnan Wirawan -- the lawyer for Masykur, for other Bali bombers including Amrozi, and for Bashir -- was delighted. "We won today," he said. "The case against Abu Bakar Bashir must now be reviewed."

The father of a Bali bombing victim has pleaded for Prime Minister John Howard to ensure that his son's killers do not escape punishment. Spike Stewart, whose son, Anthony, was killed in Bali, called on the Government to stop giving money to Indonesia until the terrorists are "put away for good".

"John Howard's got to do something," he said. "Something's got to be done. They just can't get away with it."

Opposition foreign affairs spokesman Kevin Rudd said those behind the bombings could not be allowed to go free and pledged bipartisan support to achieve this. A diplomatic and legal solution must be found, he said.

Mr Downer said Indonesian officials were studying the ruling closely to ensure that the current sentences stood. "We can't necessarily conclude the Constitutional Court would come to the same advisory opinion in other cases, although, of course, a lot of the facts may be similar and the arguments put would be similar," Mr Downer said.

The ruling also casts doubt over a series of convictions of soldiers for human rights abuses in East Timor. That ad hoc tribunal and another now prosecuting human rights abuses in the Soeharto era were both created using retrospective legislation. The court said its decision would take effect in 30 days.

Mr Wirawan said he was planning to file an appeal to the Supreme Court using the new evidence of yesterday's decision on behalf of his clients. He said he believed they would now have to be charged under existing criminal law and would have to face new trials if police wanted to keep them in jail. "If there's no new charge, they have to release them," he said.

[With additional reporting by Liz Gooch.]

Is Bali bomber verdict another Howard fix gone wrong?

Sydney Morning Herald - July 24, 2004

Margo Kingston -- G'day. I'e just heard the news that Indonesia's top appeal court has ruled the conviction of a Bali bomber unconstitutional because he was convicted under retrospective criminal laws in breach of Indonesia's constitution. This could be another Howard scandal in the making.

How on earth did it happen that Australia endorsed retrospective criminal laws in Indonesia when it refused to do so itself so Hicks and Habib could be charged if returned to Australia from Guantanamo Bay? It's a fundamental democratic principle that you can't be convicted of a crime for conduct which was not a crime at the time. It's likely Australia's High Court would overrule such a conviction, even though the principle is not entrenched in our constitution.

Questions for Howard and co. What involvement did Australia have in encouraging or pressuring Indonesia to enact special terrorism laws after the event and charge the alleged Bali bombers under them rather than under existing murder andconspiracy laws? Why did it not strongly press Indonesia not to do so, to avoid the real risk of the tragedy dragging on for survivors and the families of the dead?

Was this yet another quick Howard fix in defiance of legal advice? Yet another "means justify the ends" play which yet again will end in tears? Let the Freedom of Information requests roll in.

Here's what I wrote way back in August 2003 in The danger for Australians of approving death for Amrozi: ...Then there's the question of our blatant double standards on due process. Neither Australia nor the United Kingdom passed retrospective new criminal laws against terrorist acts after September 11. The reason is simple -- it is bedrock basic to a Western democracy that the country is ruled by laws, not men. In other words, if your liberty is at stake, as it is for a criminal offence, the law as it is laid down at the time you do something is the law that applies. Otherwise, the society is wide open to capricious ex-post-facto abuses of power by political leaders and the enforcement apparatus of the state.

Yet Indonesia did make its anti-terror retrospective, and charged Amrozi under that law. That law is in clear breach of a specific clause in the Indonesian Constitution banning retrospective criminal laws, the core fact Amrozi's lawyer will argue on appeal. The Indonesians failed to also charge Amrozi with murder or offences under the law as it stood at the time of the Bali bombing, meaning that if appeal courts strike out his conviction as unconstitutional, he will walk free.

So how could Australia, through Howard and Crean, back a death penalty resulting from the degradation of the rule of law, a core standard the principle our nation says it's fighting for in the war on terror? Did Australian authorities assist Indonesia in laying the charges against Amrozi as it did in investigating the bombing?

If Australia did not help ensure that the Indonesian judicial process was watertight and scrupulous, our government has failed us in a profound sense. The precautionary principle is crucial in handling the war on terror. It appears this principle has been ditched along with quite a few others in this trial.

A legal injustice -- and this one is blatant -- gives explosive ammunition to our enemies in the war on terror. How, for example, can we now credibly lobby other governments on behalf of our citizens caught up in overseas criminal proceedings on the basis that our citizens did not receive a fair trial? For the values we are fighting for to survive, we must consistently apply those values in practice.

Sounds so naive now, doesn't it. But it's still true.

Ruling doesn't mean Bali bombers will be freed

Associated Press - July 23, 2004

Canberra -- An Indonesian court's ruling that the country's anti-terror laws can't be applied retroactively does not necessarily mean those already convicted in the Bali bombings will be set free, the Australian government said Friday.

Foreign Minister Alexander Downer predicted that the bombers' lawyers would use the court's decision to argue for their clients' freedom. "But that doesn't mean that they will be acquitted, that their convictions will be overturned," he told Australian Broadcasting Corp. radio.

The October 12, 2002 Bali bombings killed 202 people, including 88 Australians. Downer said if the convictions of 32 militants in the attack were quashed, Canberra would urge them to be charged again.

"If they get overturned on some technicality in an appeal, well in those circumstances we'll be working with the Indonesian government encouraging them to bring fresh charges, if that's going to be at all possible," he said.

In a 5-4 majority decision on Friday, the Indonesian Constitutional Court said that the new anti-terror laws -- passed in the months after the Bali bombings -- could not be used for crimes committed before their enactment.

But it went on to proclaim an exception for those already convicted for the 2002 blasts on the resort island.

The blasts claimed the highest ever Australian death toll in a terror attack and are considered this nation's equivalent of the September 11 attacks in the United States.

Government & politics

3-year reunion for Mega and Gus Dur

Jakarta Post - July 20, 2004

Fabiola Desy Unidjaja, Jakarta -- For three years, former president Abdurrahman "Gus Dur" Wahid has not made any attempt to mend his relationship with Megawati Soekarnoputri after she replaced her as president in July 2001.

On Monday however, he decided to meet with Megawati, whom he has often described as his younger sister, with a request for her to cook nasi goreng! Megawati patiently served Gus Dur during their two-and-a-half hour meeting at her private residence on Jl. Kebagusan, South Jakarta. Megawati acted like the perfect younger sister for Gus Dur by serving him black coffee, snacks and coconut with her own hands as requested by the former president.

"They acted as if nothing had ever happened between them, it was really like two close friends who met each other again after a long time," a source said. She also enjoyed Gus Dur's jokes. "Is there anything else that you want Mas Dur?" a close aide of Megawati, quoted the President as asking the founder of the National Awakening Party (PKB).

The source, who asked not to be named, acknowledged that Megawati was probably unaware of Gus Dur's characteristic wish (for nasi goreng) when he would visit her at her residence after they had some problems. After eating usually their relationship would improve because Gus Dur would crack many jokes.

"May I have nasi goreng?" Gus Dur asked Megawati. She had to apologize for not being able to fulfill his request, because she was unable to cook it for him. "He was rather disappointed," said the source.

Is it a sign that their relationship will not return to normal ahead of the September 20 runoff? Megawati needs the support of PKB and Nahdlatul Ulama (NU), which was founded by his grandfather. NU chairman Hasyim Muzadi became Megawati's running mate despite Gus Dur's fierce opposition.

"I never had any hard feelings for Mbak Mega, this is just a personal thing for me, nothing to do with any political motivation," Gus Dur said while leaving the residence.

2004 elections

Ex-general uses 'people's music' to keep his vote lead

Interpress News - July 19, 2004

Andreas Harsono, Jakarta -- When Artine Utomo, the chief executive of "Televisi Pendidikan Indonesia" or "TPI" invited former general Susilio Bambang Yudhoyono to a show hosted by her TV station, little did she realise that his popularity would leave an impressionable mark on her.

"He strikes me as a man of substance. It was initially a courtesy call to thank TPI for covering the first round of the presidential election fairly. I simply invited him to attend our 'dangdut' music contest and he agreed," Utomo, whose 'TPI' is one of the 11 TV stations in the capital city, told IPS.

Yudhoyono who has led since July 5's historic direct vote for Indonesia's president, remains the front-runner at 34 percent with 80 percent of the ballots counted late last week. He is followed by President Megawati Sukarnoputri at 26 percent. The two are widely expected to face each other on Sep. 20 in a run- off election -- since no one candidate got 50 percent of the popular vote. The final first round results will be known on Jul. 26.

TPI's hugely popular singing contest, held every Tuesday night, attracts 'dangdut' singers from all over the archipelago and winners usually get huge cash prizes and lucrative offers from recording companies.

When Yudhoyono entered the contest venue with his wife and bodyguards, he received a standing ovation from the hundreds of 'dangdut' fans in the audience who chanted "SBY...SBY...SBY" -- referring to him by his nickname.

"He was surprised to receive the warm welcome," said Utomo, who accompanied the Yudhoyonos along with her boss, Indonesian media tycoon Hary Tanoesoedibyo.

"Dangdut" -- the music of the people -- has often been used as a tool of the powerful. The beat-happy folk-pop blend of Indian, Arab and Malay music has long been the sound of rural Indonesia.

Originally the music of the lower class, complete with bawdy lyrics and sexually suggestive dancing, "dangdut" was cleaned up in the late 1970s and 1980s, with lyrics turned safely sweet.

But there is currently a huge revival in Indonesia's "dangdut" music scene and the popular Inul Daratista has been responsible for that. Muslim clerics have derided her, saying her gyrating dance movements and skimpy costumes are indecent and immoral.

The Inul copy-cats now captivate their audiences and politicians have been quick to take advantage of that. They often use "dangdut" musicians to court the lower classes and appearances at "dangdut" shows is one sure way of reaching the masses.

And for Yudhoyono it is a race against time to grab and hold the attention of voters during the long stretch before the September 20 run-off. He has to resort to every known way to get to the hearts and minds of the ordinary people -- even if it means taking political advantage of their popular music.

Megawati remains his strong rival and, according to observers, she has the power of overrunning him if he fails to come up with innovative tactics.

According to Andre Burrell of the "Australian Financial Review" while on the surface it seems that Yudhoyono's vision, firm leadership, strong intellect and clean image is up against the "intellectually vacuous" and indecisive Megawati, in reality, however, things are different.

"While it is tempting to depict the looming contest as such, it would be overly simplistic, because Yudhoyono and Megawati have more in common than either would want to admit," wrote Burrell in the influential business daily.

During the election campaign, Megawati tried to portray herself as a leader who has brought stability back to Indonesia. Her campaign material always stressed that her government achieved an economic growth of 3.5 percent since she took power three years ago.

Though she has not criticised Yudhoyono openly, some of her advisers, however, have been supporting student activists in their campaign against the former general -- hitting out at his military career under the former Suharto regime, whose hallmark was the gross abuse of human rights.

According to John Miller of the New York-based East Timor Action Network, though Yudhoyono is pegged by the United States and the Western press as a "reformer", he is no challenge to the status quo.

"In 1999, he was deputy commander of the Indonesian army when Indonesian troops levelled East Timor. And his main virtue is that he has not been indicted," said Miller in a media statement.

Miller also pointed out that Yudhoyono attended the Command and General Staff College at Fort Leavenworth, Kansas. "Because of this, he is unlikely to challenge the other military leaaders who also received officer training in the United States," he said.

Yudhoyono's politically bad move was to formally align himself with the Moon Star Party of a hardline Muslim politician, Yusril Ihsa Mahendra, in the hope that this would boost his Islamic credentials.

Yusril, a former speechwriter for Suharto, has been anything but zealous in carrying out one of his principal tasks -- namely fighting corruption during his tenure as Megawati's justice minister. But it is Yusril's open support for Islamic shariah law that has put Yudhoyono in bad light among the country's elites who have been pressing hard for secularism in Indonesia.

After Yusril came on board, false rumours began circulating in the capital, mainly through mobile phone text-messages, that the presidential candidate would adopt shariah law if he was elected. If that was not enough, another rumour circulated was that his wife is a Christian.

These falsities hence pit him against the Christians and Muslims, resulting in the presidential hopeful losing popular support in the second half of the campaign. But, then again, politics is not always about sober analysis. It is also about personal charisma and appeal. And Yudhoyono knows that very well. For that reason, he had no qualms about reaching the masses at the "dangdut" show.

The use of performance in 2004 election campaign

Radio Australia - July 21, 2004

During the first round of this year's Indonesian Presidential election campaign, presidential candidates demonstrated their singing prowess to the public. The campaign was characterised by the use of artistic performance. It was also distinguished by a lack of violence that has marred previous Indonesian polls.

Presenter/Interviewer: Claudette Werden

Speakers: Professor Nazaruddin Sjamsuddin, chairman, Indonesia's Electoral Commission; Dr Jennifer Lindsay, senior visiting research fellow, the Singapore National University's Asia Research Institute; Jaya Suprana, Jakarta tv personality, composer and pianist. They were guests in Melbourne of the Monash Asia Institute.

Nazaruddin: Everybody was trying to give a good image of course to the people, so to say that they wanted to show the people that they are just a proper leader to become president. And then the problems that everybody knows that, and they are all good and at least pretending to be good, nice and proper leader to become president. And then it's very hard for people to choose.

Werden: Was it a campaign of style over substance?

Nazaruddin: Well I think very much so, but in many cases the candidates were talking about more in general than quite specific what they are going to do once they become real president.

Werden: Jaya Suprana perhaps I can ask you, you are a noted television presenter, you're a pianist, composer and comedian, much was made of the candidates' various singing abilities. How important was this to the campaign?

Suprana: Yeah for the campaign it is very important because music, performance is an attraction, without music no campaign. Because they all talk only empty promises, like also in Australia, so the music is very, very important. Not for the image building but to attract people to their campaign.

Werden: And then after that, after they attract them where is the substance?

Suprana: The substance come back to people, I think our people are not so stupid, you have to choose based on singing as a president, they will choose from the bottom of their heart I think and they know who is better and who was not.

Werden: And do you think it had the same impact in the city as well as in rural areas?

Suprana: Yeah, oh yes, the most powerful is the Dandut music. If you can get a Dandut star then you can get many, many people can come to your campaign ..just come to their campaign, but there's no guarantee that they will choose you.

Werden: Dr Jennifer Lindsay you're a research scholar at the Singapore University, what do you think about the inaugural candidates' debates? Were they a success?

Lindsay: I saw them only on television of course in Indonesia. What interested me about the debates was precisely the whole performance of it, and Butet and Arswendo were the two commentators, and so they commented on the performance of the candidates, whether their body language was working, how they were presenting themselves, how their voices were, all of the analogies that they were making were to theatre. I think that people watched those debates very much also as a kind of theatre, and I think that's wonderful. I think that's precisely what such debates are. So I think it was very healthy approach. Werden: Professor Nazaruddin the fact that they were playing a role, how does that relate to being a good leader?

Nazaruddin: Well as Jaya Suprana said every leader should have their own personalities to show to the public. Apart from using the artist like for instance SBY, Susilo Bambang Yudhoyono, he sang himself. Megawati, she also danced on the stage. So this kind of mixture between your own activity, your own skill, you mix it with what artists skill, there's a thing, they attract people to come. This also would help to create the situation, the condition to become very, very calm and quiet. I think that's very good, yeah.

Werden: Jaya do you think also was at an attempt by them to portray themselves as being more human?

Suprana: Yeah, and to be more attractive. But actually it's ok. The best president from the United States was Ronald Reagan, and you know the best president from Poland is not Lech Walesa, but Jan Paderewski, he's a pianist. I think the people love attractive people.

Werden: Ok, tell me the qualities that you find attractive. What do the Indonesian people find as attractive?

Suprana: That they can sing, they can write a poem and they are human beings and they're kind and they are smiling, like Mr Sjamsuddin, and also Jennifer.

Werden: Would you agree?

Nazaruddin: Well I think that's one quality what we need. Also I think apart from that a leader needs to show the public that he or she is smart, and then has the ability to show the people that he will be able to do things once he or she is in power.

Werden: Do you think that these candidates show that they were smart?

Nazaruddin: In my question right now I can't really tell.

Werden: But you're laughing, why are you laughing Jaya?

Suprana: It is impossible to show the people that I can do something in five years. That is a lie, this is impossible because the government is management, management skill cannot be promised, management skill must be performed in five years, not on the stage but on the country.

Werden: Jennifer Lindsay you described it as carnivalesque? What did you mean by that?

Lindsay: I meant that people were having fun, they were really having fun, they were having fun over the campaigning period, on the television, their candidates were having fun it seemed to me, and ordinary people were certainly having fun just reacting to a new kind of election where party politics were really not so much the issue, and it was much more to do with personalities and celebrities. So it meant that people could talk across party lines much more freely. So yeah, it was very carnivalesque, it was a very nice atmosphere in Indonesia.

Werden: Is there a danger though that the glitz will overtake the substance?

Lindsay: We're talking about presidential elections not party elections; we're not talking about the people being elected into the house of Parliament. So you know it's sort of like the glitz that happens with presidential elections elsewhere. I don't see why people need to be so worried about a danger of it, really. I mean what is this preoccupation with this being a danger? I see that it's just one moment, it's a campaign, it's when people are selling themselves. They have a few minutes in front of the media to do it, and above all else, the selection was a media event. And a media event means people sell themselves on the media as they do elsewhere in the world. So, yeah I think you have to keep that in mind.

Werden: Perhaps I can ask you Jaya Suprana, it's reported that Gus Dur once told his public appearances were no longer fun after his aides banned him from cracking jokes. Is that true?

Suprana: He is always funny, Gus Dur. No, that's not true. There are two kinds of jokes, good jokes and bad jokes. Of course in the campaign it's better that you tell good jokes.

Werden: Ok, good jokes. What defines a good joke?

Suprana: A good joke that makes people laugh and love, yeah laugh and love, and don't make people angry. Sometimes in the politics we make a bad joke because we hurt the other side's feeling, that is dangerous. I agree with Jennifer. Now this pemilu campaign now in 2004 is really a festival of democracy. The last time there was violence and so that's not good, because of the bad jokes.

Werden: Is this the type of democracy that the Reformasi movement wanted?

Suprana: That is the process, because we in the pursuit, the quest in Indonesian democracy, the quest in the process now. Not yet the end, it is just the beginning.

Werden: Professor Nazaruddin what do you think?

Nazaruddin: Well I believe in democracy. I'm encouraging people to be involved in this process. I hope this will work at least for my electoral commission at least.

Werden: That was a good joke yes?

Nazaruddin: Well if you want to say it's a joke, but I don't think I was joking.

Werden: Jennifer finally do you think that? Do you think the Reformasi movement would be happy with this kind of democracy?

Lindsay: I'm going to change the question slightly, I don't want to give the impression that everything is trivial because people are having fun, and treating this as an event. It's not trivial at all. But people are having fun and treating their presidential candidates with some kind of disrespect, which is very healthy. And I think this is a wonderful thing in Indonesia, that no longer people are looking for a hero to come and save the day, and thinking of their president as going to be the answer to all of their problems. They are just ordinary people and they might have some of the answers, and surely that's a good thing for people to see that, rather than to be holding out for some hero, which will probably be a military figure to save the nation by other ways. If they see people as bad singers, bad jokers, they haven't got good jokes, they can't read poems well, they're just ordinary people, I think this is wonderful, a wonderful step, and maybe Reformasi has brought that about, yes.

Bambang camp not worried by coalitions

Straits Times - July 22, 2004

Jakarta -- Mr Jusuf Kalla, front runner Susilo Bambang Yudhoyono's running mate, said his camp was not worried about the manoeuvres of political leaders to form coalitions.

He asserted that meeting voters at the grassroots level was of more strategic value than talking to politicians who claim to have a huge support base.

Incumbent Megawati Sukarnoputri, who is likely to square off with Mr Bambang in September's run-off poll, has been busy canvassing for support from politicians outside her Indonesian Democratic Party of Struggle (PDI-P).

Golkar is a key target for the President. But Mr Jusuf doubted that its supporters could all be instructed to vote for her.

"We are not concerned about it because a coalition among parties will not be able to bring 100 per cent of their supporters," he told reporters after a meeting with businessmen in Jakarta on Tuesday.

Mr Bambang has said that he would seek a coalition partner only after he wins the second round of the presidential election. He leads the first round with 33.6 per cent of the vote, followed by Ms Megawati with 26.3 per cent.

Golkar chairman Akbar Tandjun, however, said his party's network across the country could be used to help win the presidency. He said Golkar garnered 24.4 million votes in the April 5 legislative election and that its presidential candidate Wiranto had received around 23 million votes so far. "It clearly shows that our political machine works," said Mr Akbar.

Meanwhile, Ms Megawati skipped her weekly meeting with the leaders of PDI-P to receive several politicians at her private residence in Kebagusan, South Jakarta, on Tuesday. She received the Reform Star Party (PBR) chairman Zainuddin M.Z., who supported Dr Amien Rais in the July 5 election.

"If we wish to uphold civil supremacy we will go with Megawati, but if we want change -- although we do not know what kind of change -- then Bambang," the well-known Muslim preacher said after the meeting.

On the same day, Ms Megawati's running mate Hasyim Muzadi held a series of meetings with several leaders of major organisations and the media in Semarang, Central Java. He visited the provincial offices of the PDI-P, the United Development Party, the National Awakening Party, the Indonesian Ulema Council and the head office of Suara Merdeka daily.

But political analyst Andi Mallarangeng said coalitions among the political elite would not influence voting in the run-off. "The masses no longer relate to the political elite. People will make their own choices in the election," he said.

Golkar offers solid coalition

Jakarta Post - July 22, 2004

Kurniawan Hari, Jakarta -- With the presidency appearing to slip through its fingers, Golkar Party is proposing a permanent coalition among parties that control the most seats in the House of Representatives to ensure a strong and effective government.

Although the coalition is open to any political party, Golkar has stated its preference to form it with the National Awakening Party (PKB) and the Indonesian Democratic Party of Struggle (PDI-P) whose presidential candidate Megawati Soekarnoputri looks certain to contest the runoff in September against the Democratic Party's Susilo Bambang Yudhoyono.

"Other political parties can join the coalition as long as they share a similar platform to ours," Ade Komaruddin, deputy chairman of the Golkar faction at the House, said on Wednesday.

Ade said Golkar was not only prepared to form a coalition to help Megawati win the presidency, but an opposition camp if she loses to Susilo.

The country saw a persistent standoff between the House and the president under the administration of Abdurrahman Wahid, who won the top post in 1999 although his party PKB controlled less than 12 percent of the House seats. The squabble climaxed with Abdurrahman being dismissed in 2001.

Fellow Golkar leader Agun Gunandjar Sudarsa said earlier his party had discussed the permanent coalition issue with fellow party members on several occasions. Agun said Golkar was torn between supporting Megawati and Susilo, whose running mate Jusuf Kalla is a Golkar Party member.

Golkar chairman Akbar Tandjung has hinted at lending support for Megawati several times recently, although the party will only determine its preference after the General Elections Commission (KPU) announces the two candidates who qualify for the runoff on Monday.

Megawati has also held talks with Abdurrahman for the first time since his dismissal as president, although he said he would again boycott the election.

In a bizarre move, however, Abdurrahman visited Golkar presidential candidate Wiranto at his residence in East Jakarta on Wednesday. The PKB chief patron refused, however, to disclose the substance of his one hour meeting with Wiranto.

A coalition between Golkar and PDI-P will make an influential faction in the 550-member House as they garnered 237 seats between them in the April 5 legislative election. They will need only one more party to control the House.

Susilo's Democratic Party has 55 seats in the House and has so far decided to refrain from talking about a coalition until after the runoff.

There is concern that a coalition among the nationalist-oriented parties like Golkar, PDI-P and PKB may create a polarization with a coalition of Muslim parties at the other end.

Sociologist Ignas Kleden and political analyst Fachry Ali, however, dismissed such a fear. "That polarization between nationalist and Muslim groups is no longer relevant. There are various factions even within a religious group," Ignas told The Jakarta Post.

Ignas said a political coalition would be based on the closeness of political leaders, practical considerations and effectiveness of the government.

KPU to destroy ballot papers

Jakarta Post - July 22, 2004

Jakarta -- The General Elections Commission (KPU) decided on Wednesday that perforated ballot papers in the July 5 polls could be disposed of only after a president is installed on October 5.

KPU deputy chairman Ramlan Surbakti said that although the ballot papers could be considered state documents, they had to be destroyed after the elected president was sworn in, considering the quantity.

As for the left-over ballot papers, the KPU will order local elections commissions (KPUD) to sell them, the proceeds of which will go to the KPU coffers.

The commission has estimated that the excess ballot papers reach a staggering 30 million.

Election workers tampered with votes

Straits Times - July 20, 2004

Robert Go, Jakarta -- Several election workers have admitted to tampering with poll results, in yet another scandal to hit Indonesia's first direct presidential vote on July 5.

The General Elections Commission (KPU) said yesterday that it has fired seven local officials from West Kalimantan province for vote tampering.

KPU member Ramlan Subakti said workers from other parts of Indonesia are now being investigated for similar offences. "If we get proof that showed manipulation of ballots, then those involved would also be fired," he said.

The police have declared one official from South Sumatra province as a suspect. At least four other election workers in the same province have been questioned.

Controversies also surround the KPU's vote count. Reports from South Sulawesi, for instance, indicate discrepancies between the results announced by district and provincial count centres.

The total number of votes at the provincial level should match the cumulative number of votes from the various districts. However, the provincial total includes results that differ by wide margins. Observers said these developments could damage the credibility of the election results.

As of now, the official tally by the KPU is progressing slowly. It has been 11 days since the election, but only 105.6 million votes -- representing just 68 per cent of the total number of registered voters -- have been counted.

Former security minister Susilo Bambang Yudhoyono, who has 33.6 per cent of the votes counted so far, remains in pole position. President Megawati Sukarnoputri is second with 26.3 per cent, followed by retired general Wiranto with 22.2 per cent.

Observers said voter turnout was in the 80 per cent range, meaning about 125 million votes were cast.

The problem behind the glacial pace of the count might be logistical. Out of about 575,000 polling stations, only 87 per cent have reported in to higher-level count centres. The rest could be in remote locations, where the transporting of filled ballot boxes to provincial centres might take longer.

The delays have led to speculation that some sort of organised tampering is happening in the various regions. Observers have noted that ballot boxes are being transported without being accompanied by witnesses and a proper security escort.

Mr Hadar Gumay of the Centre for Electoral Reform said: "The problem is that there is no mechanism to make certain that manipulation does not happen, and that the count process is consistently and transparently done. The trust level for the election results remains high, but people do think that tampering is a possibility. The question is how much of it goes on."

The KPU is scheduled to announce the official results only on July 26, or three weeks after the election. While it has a highly publicised and costly computerised counting system in place, its own laws stipulate that only the result of a manual count is legal and binding. This has led many to question why the KPU spent millions of dollars developing an electronic counting system if its results would not be accepted.

PDI-P denys intimidating plantation workers in Java

Antara - July 20, 2004

Surabaya -- The Indonesian Democratic Party of Struggle (PDI-P)'s presidential campaign team in East Java province has denied intimidating 274,000 workers of state plantation company PT Perkebunan Nusantara (PTPN) XII in an attempt to get them to vote for Megawati Soekarnoputri and Hasyim Muzadi in the July 5 election.

"What occurred there was not intimidation but socialization carried out by the company, but not on the instructions of the Mega-Hasyim campaign team. It was [the company's] own initiative," the chairman of the PDI-P campaign team in East Java, Sirmadji, said here on Tuesday. He was commenting on the findings of an investigation by the Golkar Party's presidential campaign team, which stated that 274,000 PTPN XII workers were intimidated into voting for Megawati and Hasyim in the first round of the presidential election.

"We have reported the findings to the provincial office of the General Elections Commission [KPU] and the Election Supervisory Committee [Panwaslu]. We have asked for a revote or the exclusion of the votes cast in the polling booths set up by the company in the districts of Banyuwangi, Jember, Situbondo, Bondowoso, Lumajang, Malang, Ngawi, Blitar, and Kediri," the chairman of the Golkar campaign team here, Choirul Anam, said on Monday.

Sirmadji said he did not see how what had happened in PTPN XII had benefited Megawati and Hasyim, whom he said "always played according to the rules." "Thus, if the KPU or Panwaslu decides to hold a revote or exclude the votes, we will abide by their decision," he added.

Asked if there had been an instruction from PDI-P official Laksamana Sukardi, who is also the state minister for state enterprises, to intimidate the workers, Sirmadji said that this question should be addressed to Laksamana himself.

Level of participation in elections continues to decline

Detik.com - July 24, 2004

Luhur Hertanto, Jakarta -- The level of golput(1) in the first round of the presidential elections was higher in comparison with the legislative elections. In comparison with international standards however, the level of golput in Indonesia is still small.

This was explained to journalists at the Hotel Hilton on Jalan Sudirman in Jakarta by Ramlan Surbakti the deputy chairperson of the National Election Commission on Saturday July 24.

"During the legislative elections voter participation reached 84 per cent. However during the first round of the presidential elections this fell to 70 per cent. This can be seen from the number of people who came to polling stations, an average of around 20 per cent of voters did not turn up", said Surbakti.

Nevertheless, compared to international standards the level of golput in Indonesia is relatively small. In countries which have more advanced democratic systems, the level of participation in elections is only around 60 per cent. "We can't force people to go to polling stations can we. If they decide not to vote, yeah well that's their right", explained Surbakti.

Nevertheless, Surbakti hopes that the drop in the level of participation will not reoccur in the second round of the presidential elections and he is asking people to maintain their enthusiasm and make use of their right to vote.

"To the supporters of presidential candidates who did not get though to the second round, don't fail to use your right to vote. This represents a test of voters' levels of maturity. If their champion looses they can choose the [next] best second or third [choice]", said Surbakti.

Of the 14 provinces where votes have already been recaptulated, the highest recorded level of golput was in Banten in Western Java where those who did not use their right to vote reached 1,163,950 voters. The total number of recorded voters in Banten is 4,589,108 people.

"In second position (golput) is Riau [North Sumatra] with a total of 774,420 people. The remainder is around 100 to 500 thousand people per province", revealed Surbakti.(djo)

Notes:

1. Golongan Putih, White Movement, championed by people such as the outspoken academic Arif Budiman, the term first emerged as a campaign by students in the 1971 elections and derives its name from marking the white section of the ballot paper rather than a party symbol or candidate's picture thereby making the vote invalid. In recent years the term has broadened to include not just intentionally casting an invalid vote but also vote abstention. Under new electoral laws introduced in 2003, golput, defacing a ballot paper or simply not voting is no longer an electoral offence although publicly encouraging others to do so remains punishable under law.

[Translated by James Balowski.]

Ante up in runoff coalition lobbying

Jakarta Post - July 24, 2004

Fabiola Desy Unidjaja and Tiarma Siboro, Jakarta -- Lobbying among politicians has intensified in the past few days, with vice presidential candidate Siswono Yudohusodo and several Nahdlatul Ulama (NU) clerics being the latest group of people to meet President Megawati Soekarnoputri at her official residence on Jl. Teuku Umar here on Friday.

Separately, presidential candidate Susilo Bambang Yudhoyono (SBY) brushed aside a claim by his running mate Jusuf Kalla, who earlier said that if elected the pair would allocate 40 percent of the positions in their Cabinet to members of political parties and the remaining 60 percent to professionals.

Siswono, the running mate of Amien Rais, said after meeting Megawati that he took the opportunity to convey his ideas to Megawati, who will likely compete with front runner Susilo in the runoff. Some have predicted that she will win the election.

Siswono, who has obviously lost his chance at the vice presidency, urged Megawati in the meeting to pay more attention to the grass roots and improve the country's ability to stand on its own feet.

"I hope the next government will pay more attention to reducing unemployment, improving education and people's welfare," said Siswono, who claimed the meeting was at Megawati's initiative. Siswono denied that the meeting was aimed at either forging a coalition with Megawati or supporting her in the runoff, slated on September 20 this year.

He further said that there should be further consideration before deciding who he supported in the runoff.

Siswono stressed that he did not represent his running mate Amien Rais at the meeting, saying that Amien, in his capacity as National Mandate Party (PAN) leader, would decide for himself who to support.

Earlier in the day, Megawati also received NU clerics from Lirboyo Islamic boarding school in East Java province. At the meeting, the NU clerics expressed support for Megawati's bid for the presidency.

Friday's meeting was held following Megawati's earlier meetings with National Awakening Party (PKB) chief patron Abdurrahman Wahid and Reform Star Party (PBR) leader Zainuddin MZ.

Meanwhile, after attending Friday prayers at Al Azhar Mosque in South Jakarta, Susilo reiterated that he would prefer to establish a limited coalition to ensure that check-and-balance mechanisms worked. "I guess we could have an ideal coalition if the government accommodated only particular parties in the Cabinet, while the others would become the opposition. The concept would create a check and balance," said Susilo.

Bambang starts hunt for coalition partners

Straits Times - July 24, 2004

Jakarta -- Presidential front runner Susilo Bambang Yudhoyono and running mate Jusuf Kalla have begun their search for coalition partners even though they had insisted just days ago that any political alliance would be made only after the September 20 run-off.

Mr Jusuf met Mr Hamzah Haz, leader of the United Development Party (PPP), at the latter's private residence in Tegalan, Central Jakarta, on Thursday to look into the possibility of forming a coalition for the second round of polls.

Meanwhile, a planned meeting between President Megawati Sukarnoputri of the Indonesian Democratic Party of Struggle (PDI-P) and Dr Amien Rais, the leader of the National Mandate Party (PAN), was called off on Thursday after Dr Amien decided to go home to Yogyakarta. "We will try to reschedule it," a PDI-P source told the Jakarta Post.

After his one-hour meeting with Mr Hamzah, Mr Jusuf told reporters that his presidential ticket needed support not just from the grassroots, but also from political leaders at the House of Representatives. "If we win the election, the PPP will surely be included in the Cabinet," he said.

The Bambang-Jusuf Kalla ticket, which currently leads the provisional tally of the July 5 election, had said that a limited coalition would be formed only after the run-off. Mr Bambang is likely to face the incumbent in the second round of Indonesia's presidential election.

Mr Hamzah, who is also the incumbent Vice-President, said both camps had invited his party to forge a coalition. But he said his party's decision would be made only after its national leadership meeting next Tuesday. The General Elections Commission is scheduled to announce the first round results on Monday.

"Both candidates have offered the same thing to the PPP, but I will remain neutral and let the party decide," Mr Hamzah said.

Mr Jusuf, the former coordinating minister for people's welfare, said his ticket was seeking as much support as possible from major parties in the House in a bid to build a strong government. 'We are allocating 40 per cent of Cabinet seats to political parties and 60 per cent to professionals,' he added.

Mr Bambang had said earlier that he would establish a limited coalition only after the run-off. He had also said that he would give only a small portion of Cabinet seats to politicians in order to avoid horse trading.

Mr Jusuf said on Tuesday that they would focus on seeking support from the grassroots. But he explained yesterday: "What we meant by a 'limited coalition' was excluding the PDI-P. Should we win the presidential election we have to start talking, but of course that would be after September 20."

Ms Megawati has been actively seeking coalition partners in her bid to retain the country's top job. Earlier this month, she met the chief patron of the National Awakening Party, Mr Abdurrahman Wahid, as well as Mr Zainuddin M.Z., the leader of the Reform Star Party.

Dr Amien, the National Assembly Speaker, meanwhile, conceded defeat in the election yesterday. PAN's candidate said he and his running mate, Mr Siswono Yudohusodo, accepted their failure with "all their heart and soul as well as with a sense of reality".

PDI-P denies intimidating plantation workers

Laksamana.Net - July 20, 2004

The Indonesian Democratic Party of Struggle (PDI-P) has denied pressuring 274,000 employees of state plantation company PT Perkebunan Nusantara (PTPN) XII to vote for President Megawati Sukarnoputri and running mate Hasyim Muzadi in the July 5 presidential election.

"What occurred there was not intimidation but socialization carried out by the company, but not on the instructions of the Mega-Hasyim campaign team. It was [the company's] own initiative," Sirmadji, the head of Megawati's campaign team in East Java, was quoted as saying Tuesday (20/7/04) by state news agency Antara.

His denial comes after Golkar Party on Monday claimed the PTPN XII workers were intimidated into voting for Megawati in the first round of the presidential election.

"We have reported the findings to the provincial office of the General Elections Commission [KPU] and the Election Supervisory Committee [Panwaslu]. We have asked for a revote or the exclusion of the votes cast in the polling booths set up by the company in the districts of Banyuwangi, Jember, Situbondo, Bondowoso, Lumajang, Malang, Ngawi, Blitar, and Kediri," said local Golkar official Choirul Anam.

Sirmadji insisted that Megawati and Muzadi had "always played according to the rules", but he said PDI-P would not object if KPU or Panwaslu decides to hold a revote or annuls the votes.

Asked whether PDI-P official Laksamana Sukardi, who is also state enterprises minister, had ordered the workers be encouraged to vote for Megawati, he said the question should be addressed to the minister.

Pesantren revote

Golkar has also been accused of unethical practices in the July 5 election, most glaringly in West Java province, where more than 13,000 people were put on military trucks and driven an Islamic boarding school (pesantren) to vote for the party's presidential candidate, former military chief Wiranto.

The West Java chapter of KPU on Monday announced a revote would be held at the Al Zaytun Pesantren in Indramayu district on July 25. In the April 5 general election, only 14,310 people voted at the school led by A.S. Panji Gumilang. The number of voters soared to 24,825 in the first round of the presidential election.

"The repeat ballot will be a chance to see whether there were really 24,825 voters at the school," deputy chairman of the West Java KPU, Memet Akhmad Hakim, was quoted as saying by Antara. Almost 99% of the votes cast at the pesantren complex's 83 polling stations were for Wiranto.

The Indonesian Defense Forces recently discharged a military officer for his alleged involvement in the deployment of 21 military vehicles that carried the extra voters to the school.

Vote tally

By late Tuesday the KPU had tallied about 87% of an estimated 122 million votes cast nationwide in the first round of the presidential election.

Of 106,453,927 votes counted, Democrat Party leader Susilo Bambang Yudhoyono has 33.58% (35,745,182), followed by Megawati with 26.29% (27,983,836). Wiranto is in third place with 22.21% (23,645,481), followed by National Mandate Party leader Amien Rais with 14.87% (15,826,418) and Vice President Hamzah Haz of the United Development Party with 3.06% (3,253,010).

As none of the candidates won a clear majority, Yudhoyono and Megawati will go head to head in a September 20 run-off election.

Corruption/collusion/nepotism

'Nurdin, Puteh cases window dressing'

Jakarta Post - July 19, 2004

Abdul Khalik, Jakarta -- Although law enforcers have stepped up a gear in their corruption investigations involving lawmaker Nurdin Halid and Aceh Governor Abdullah Puteh, skepticism remains widespread that the cases are merely political commodities ahead of the runoff presidential election.

Legal expert Luhut M. Pangaribuan said that, as in the past, the high-profile corruption cases would simply help incumbent president, Megawati Soekarnoputri, to create an impression of her administration's commitment to the eradication of corruption.

"We shall see whether the cases go to court quickly. I doubt law enforcers can do that because nothing has changed with law enforcement in the country. It will be mere rhetoric to win public sympathy," Luhut told The Jakarta Post on Sunday.

Megawati is almost certain to challenge front-runner Susilo Bambang Yudhoyono in the second round of the presidential election on September 20.

Luhut predicted the cases of Nurdin and Puteh would circulate around the Corruption Eradication Commission (KPK), the police and the prosecutor's office, before finally disappearing from public view.

The KPK has declared Puteh a suspect over a scandal concerning the purchase of a helicopter. The Supreme Court is selecting ad hoc judges to sit in the special court to hear cases handled by the KPK.

Puteh is also being questioned as a witness by the police in connection with the purchase of a power generator, which has resulted in losses to the state of Rp 30 billion.

Chairman of the Association of Civil Society Professionals Ismed Hasan Putro agreed with Luhut, saying the investigations into the graft cases had political motives.

"There is rivalry between elite political groups," Ismed told the Post. He said the investigation into the cases would be dropped as soon as political ends had been achieved.

Both Luhut and Ismed reminded that law enforcers had been incapable of resolving any high-profile corruption cases they were handling.

During the last year, no such cases, including the phenomenal Rp 1.7 trillion BNI scandal, the Rp 20 trillion Account No. 502 case and the Rp 900 billion Bulog scandal, were resolved by the police.

Ismed also argued it would be difficult to take Nurdin to court because the charges against him remained unclear. "The charges against Nurdin as chairman of Inkud remain weak as he can easily prove he is not responsible for his subordinates' unlawful action," said Ismed.

Police declared Nurdin, the chairman of the Confederation of Primary Cooperatives Association (Inkud), a suspect on Friday in the importation of 73,000 tons of illegal sugar, which, as Inkud chairman, he should have known about.

The police detained Nurdin immediately after the announcement. However, the police said on Saturday they could not put Nurdin in custody as he had become ill and had been rushed to the hospital.

Nurdin's lawyers maintained that their client's status remained that of a witness, saying they had not received a letter ordering Nurdin's detention.

They also claimed that Nurdin was unaware of the sugar smuggling or the document falsification to ship and distribute the commodities. "He is still in hospital now. We believe Nurdin is innocent because there is no letter, verbal order, or other evidence showing that Nurdin knew about the document falsification. You cannot just declare him a suspect simply because he is the chairman," Farhad Abas, one of Nurdin's lawyers, said on Sunday.

Corruption cases abound in local councils

Jakarta Post - July 24, 2004

Makassar/Pelembang/Pekanbaru/Samarinda -- Prosecutors are unearthing more evidence of endemic corruption in provincial administrations involving potential losses to the state of billions of rupiah, with dozens of local councillors and government officials allegedly involved.

The South Sulawesi Prosecutor's Office said it was investigating at least 37 corruption cases that cost the state Rp 109.6 billion (US$12.1 million) in losses.

The cases included the misuse of Rp 70 billion in loans allocated for farmers in almost all regencies in the province, local chief prosecutor Prasetyo said in the provincial capital of Makassar.

Another scam uncovered was the embezzlement of Rp 18.23 billion from the 2003 budget, allegedly implicating members of the South Sulawesi legislative council. The case was being handled by the provincial police, he said.

Prasetyo said his office was also looking into the alleged markup in the purchase of a motor ferry, the Takabonerate, worth more than Rp 6 billion, by the Selayar regency administration.

Selayar Regent Akib Patta and the local council's speaker could have been involved in the case, he said.

In Palembang, South Sumatra Prosecutor's Office head Andi Syarifuddin said the office was dealing with at least 20 graft cases this year in several regencies and municipalities.

The cases included the misuse of Rp 8.7 billion allocated for the Riding road project with a former public works office head named a suspect, Andi said.

He said that in another case, Lahat deputy regent Zubir Ali was charged with receiving double salaries valued at Rp 31 million, while provincial councillor Natsir Jakfar was implicated in a fictitious Rp 51 million official trip to Malaysia.

Meanwhile, the Riau Prosecutor's Office said it was planning to probe a corruption case at the Kampar regental council and hoped the case would end up similarly to that of the West Sumatra legislature, in which nearly all of its members were convicted.

Senior local prosecutor Dachamer Munthe said the case involved 43 of the 45 Kampar council members who allegedly received an illegal installment of severance pay worth Rp 1.25 billion from the 2004 budget. The remaining councillors would not be charged because they had refused the money, he said.

The prosecution has submitted a request to the Riau governor for permission to summon the 43 councillors.

However, Riau Governor Rusli Zainal said on Wednesday he had yet to receive the request.

Asked whether he would grant permission once he got the letter, he said it would depend on the existing rules. "We'll see what the regulations say," he said.

Dachamer said his office would soon summon the treasurer of the Kampar administration for questioning in an order to collect more data and information on the case.

"If there is strong evidence, all the witnesses could be named as suspects," he said.

He said his office would also examine alleged budget misappropriations at the Pelalawan and Rokan Hilir regental councils.

Meanwhile, prosecutors in East Kalimantan province have named 11 councillors and local officials as suspects in 16 corruption cases, in which Rp 24 billion was allegedly siphoned from state coffers.

Eleven corruption cases last year allegedly deprived the state of Rp 5.7 billion, while the money recovered was only Rp 323.3 million, East Kalimantan Prosecutor's Office head D.H. Panjaitan said. He said the East Kutai Prosecutor's Office in Sanggata was investigating a separate graft case worth Rp 46.6 billion, allegedly involving 25 councillors.

"The East Kutai council's speaker has been named a suspect. It is possible that all 25 councillors could be charged," Panjaitan said.

Regional/communal conflicts

TNI, police told to leave Central Sulawesi

Jakarta Post - July 22, 2004

Tiarma Siboro and Ruslan Sangadji, Jakarta/Palu -- Several non- governmental organizations (NGOs) called for the withdrawal of reinforcement troops and police personnel from Central Sulawesi on Wednesday for their failure to stop renewed attacks in Poso and Palu.

The presence of soldiers and police sent in from outside the province has served no purpose and their pullout could shed light on the identity of mysterious gunmen blamed for a series of recent attacks, they argued.

"The government should withdraw troops and police personnel who are not native to the province because they have abused their power instead of restoring security and peace," Jimmy Metusala of the Crisis Center at the South Sulawesi Christian Church (GKST) told a joint press conference.

Present at the event were activists from several other NGOs including the Indonesian Communion of Churches (PGI)'s Crisis Center, the National Commission on Missing Persons and Victims of Violence (Kontras), Sulawesi's AlKhairaat Youth Association and the Indonesian Legal Aid and Human Rights Association (PBHI).

"The security forces in Poso have also failed to boost trust between Muslims and Christians, while in several violent incidents, several security personnel were even involved," Jimmy said.

The NGOs said the government had spent some Rp 9 billion for the security operation called Sintuwu Maroso in Poso and deployed 3,900 troops and police personnel this year alone. "But violence has continued in the town after the 2000-2001 sectarian conflict," Jimmy added.

The NGOs recorded that at least 55 people, including women and children, were brutally killed, and 144 others wounded within the past two years. They also urged the central government to audit the use of no less than Rp 45 billion (US$51 million) allocated for humanitarian aid for Poso refugees, saying about 18,000 family heads had never received the funds.

"The central government, especially its judicial branch, should investigate the suspected misappropriation of funds disbursed for victims of violence in Poso," said a joint statement issued at the press conference.

The statements came in reaction to Sunday's attack on the Effata church in Palu, which killed Reverend Susianti Tinulele who was delivering a sermon in the church.

Central Sulawesi Police chief Brig. Gen. Taufik Ridha identified on Wednesday one suspect in the clergyman's murder only by his initial F alias A. "The suspect is still at large in Palu and Donggala. We have deployed a team to locate his hideouts in two areas," he told a press conference in Palu.

Taufik said F was a resident of Palu and belonged to a certain group, adding that his office was investigating his possible links with recent terror attacks in Central Sulawesi. The suspect's name was revealed after the police questioned at least 15 witnesses in connection with the shooting of Susianti, he added.

Taufik said the police were also probing a possible link between Sunday's shooting and previous attacks on Christian targets including the killing in March of Christian prosecutor Ferry Silalahi.

In Jakarta National Police chief Gen. Da'i Bachtiar said there were no signs so far that the Jamaah Islamiyah (JI) regional terror group was involved in the latest church attack.

Also on Wednesday, Taufik received a number of local clergymen grouped under the Palu Christian Cooperation Board, who expressed support for the hunt for the attackers.

They also appealed to Christians to shun revenge over the latest deadly attack. "We also ask all church leaders to hoist the national flag at half-mast for a week to mourn the death of Reverend Susianti," Christian minister Dharma Sallata Putera told The Jakarta Post after the meeting.

A call for peace and religious harmony was also voiced by chairman of the Alkhairaat Youth Association (HPA) Farid Jafar Nazar, who said local people should not be provoked into renewed conflict. However, the association's Central Sulawesi chapter urged Taufik to resign if he failed to capture the gunmen

Religious leaders condemn attacks, urge restraint

Jakarta Post - July 20, 2004

Palu -- Central Sulawesi remained calm on Monday, a day after masked gunmen killed a Christian minister in Palu, as Christian and Muslim leaders condemned the attack and urged their laity to shun revenge.

Meanwhile, calls grew for the dismissal of Central Sulawesi Police chief Brig. Gen. Taufik Ridha and his senior subordinates for failing to end mysterious attacks in the province blamed on unidentified gunmen.

The demand was raised separately by the Prosperous Justice Party (PKS) central board and Central Sulawesi Christian Church (GKST) secretary Noldy Tacoh.

Noldy and Frederik Latupeirisa, a former secretary of the Sulawesi Church Youth Commission, even went as far as saying that National Police chief Gen. Bachtiar should also be dismissed over the latest bloodshed.

"Aside from the provincial chief, the national police chief should also be removed because they could not ensure that Christians are able to perform their religious rituals in peace in the country," Frederik said.

Da'i arrived in Palu on Monday and visited the scene on Jl. Banteng, Palu, and the house of Reverend Susianti Tinulele, 29, who was shot dead in Sunday's incident.

Grief gripped the woman's home on Jl. Lembu in South Palu, after the attack that took place when attackers burst into the Effata Presbyterian church and opened fire at around 7 p.m.

Susianti died on the spot while four others were injured, including one who is in a critically condition in hospital.

GKST chairman Arnold Tobondo denounced the killing and called on all Christians to stay calm. He also demanded that police capture the assailants and uncover those behind the deadly attack.

Condemnation also came from Central Sulawesi's Indonesian Ulema Council (MUI) chairman S. Saggaf Aljufrie who immediately called for a meeting to prevent the situation from worsening.

"The shooting was an act which went against religious and human values," he said, while appealing to Muslims and followers of other religions not to be provoked by the incident.

Saggaf said that if the attackers were Muslims, they acted on behalf of themselves, not Islam, adding that they must be arrested soon to face justice under prevailing laws and in order to pacify local residents.

Saggaf and Arnold said the police should not let the latest shooting remain unsolved as in the case of May's murder of Christian prosecutor Ferry Silalahi who had also been slain by masked assailants.

He was shot dead in his car after attending evening mass in another church in Palu. "Our region is like no-man's-land as people can carry guns freely and shoot innocent people," Saggaf said.

Da'i said he would deploy more intelligence officers and detectives to help capture the attackers and unravel the case. He did not give any numbers.

Local police said they had distributed sketches of the attackers, who according to witnesses arrived on two Yamaha RX King motorbikes, across the province.

Hontiles Magindali, an eye witness, said that minutes before the incident he saw two men enter Effata church's veranda and point a gun at a security guard named Ungke.

Ungke was later brought by the gunmen into the church, where Christians were listening to a sermon by Susianti, Hontiles added. They sprayed bullets through the church killing the woman minister.

Another eye witness Tiok Noersoelistiyo said the attacker were well-built men and had fired several shots before entering the church.

In Jakarta, acting chief security minister Hari Sabarno said the attackers were attempting to trigger renewed conflict. Up to 2,000 people were killed in sectarian fighting that broke out in Poso between 2000 and 2001.

President Megawati Soekarnoputri ordered the police to apprehend the attackers as soon as possible. "I ask the people to remain alert because we have to maintain political stability and security ahead of the Sept. 20 presidential election," she said. Data from the GKST shows at least 17 shooting incidents have hit Central Sulawesi since last October, all targeting Christians.

In April at least one gunman sprayed bullets into a church in Poso regency during a choir practice. Seven people, including a four-year-old girl, were injured. In other shootings Christian minister Yohanis Tajoja was shot dead in front of his wife. Another man was killed and a female university lecturer wounded in another attack.

In the worst bloodshed last year, gunmen killed 10 people in attacks on mainly Christian villages in October.

Human rights/law

House told to delay in debating TNI bill

Jakarta Post - July 22, 2004

Jakarta -- A military analyst and a legislator called on lawmakers on Wednesday to delay the deliberation of the Indonesian Military (TNI) bill, as the draft was flawed.

"It is not wise for the House to endorse the bill now. The draft does not reflect a modern and professional military," Kusnanto Anggoro of the Centre for Strategic and International Studies (CSIS) told The Jakarta Post.

The House of Representatives has allocated about a month to deliberate the military bill, raising fears it would lead to a flawed legislation.

Chairman of House Commission I on defense Ibrahim Ambong said input from military analysts and retired military officials would be heard before deliberation began on August 24. The commission expects to finish deliberation and endorse the bill by September 20.

Commission member Chatibul Umam Wiranu, however, suggested that deliberation should not be rushed, so as to avoid producing flawed legislation. "If they cannot finish deliberating the bill, then it should be passed on to the new legislators," said Chatibul. New legislators elected on April 5 are to be sworn into office on October 1.

Kusnanto, who quit the legislative formulation team last year, said the draft bill seemed an effort by the military to retain its supremacy within the government.

"Articles 43 and 45 allow military officers to hold posts in non-military institutions. Article 45 states that an officer holding a non-military post should abide by the institution's administrative regulations.

"However, Article 43 stipulates that supervision of officers with positions outside the military will be conducted by the TNI chief. It shows that the military is not ready [to allow its officers to hold non-military positions]," he said.

Kusnanto also questioned the proposed retirement age of 58 years for military officers, compared to the current 55. He criticized Article 18 on troop deployment and use of military forces, both of which fall under presidential jurisdiction. "That is ridiculous, as if the drafters did not understand the difference between deployment and use of military force. Deployment is a presidential power, as it is a political decision. However, the use of military force never falls under presidential authority. It belongs to the TNI chief."

Separately, T. Hari Prihantono from non-governmental organization ProPatria, which focuses on legal reform, said the group had issued public criticism against Article 19 of the bill, which authorizes the TNI chief to deploy troops in an emergency without the president's consent.

Hari also criticized Articles 4 and 7: Article 4 states that the TNI falls under presidential supervision in deploying troops, while Article 7 states that the TNI has a duty to prevent any and all threats against the nation's sovereignty, integrity and security.

"Article 7 can be used by the TNI to quell any movement or even the media if it considered the media a threat to security," Hari said.

TNI chief Gen. Endriartono Sutarto refused to comment on the bill, except to say: "The government reviewed the bill and submitted it to lawmakers for deliberation. The TNI was not involved."

House of Representatives to discuss military bill

Jakarta Post - July 20, 2004

Kurniawan Hari, Jakarta -- The House of Representatives (DPR) is planning to start discussing the revised bill on the Indonesian Military (TNI) during the recess period that will end on August 14.

President Megawati Soekarnoputri has assigned the coordinating ministry of political and security affairs, the ministry of defense, and the TNI leadership to represent the government in the deliberation.

The bill would be discussed solely by the House Commission I for defense affairs. In the past, crucial bills were deliberated by a House special committee, whose members consisted of legislators from different commissions, before they were brought to the House Commission. Some legislators said the deliberation by the House's defense commission would save time, with only limited time available for the deliberation.

Prior to the deliberation, the defense commission on August 2 will start hearing submissions from military analysts and retired military officials. The debate between legislators and government officials is scheduled for August 24.

"The public and military observers have to closely monitor the deliberation process, otherwise the bill will be flawed," said legislator Firman Jaya Daeli of the Indonesian Democratic Party of Struggle on Monday.

Article 19 in the old version gave the TNI chief authority to deploy personnel in emergencies without securing an approval from the president.

However, the new version of Article 19 states the deployment of troops in military operations or warfare must be for the national interest and other articles give the president sole power to deploy troops and use military force.

Beside the military bill, legislators also plan to discuss the Cabinet bill, the presidential advisory bill, and a revision to the Law No.22/1999 on regional administrations.

Agun Gunandjar Sudarsa, deputy chairman of the House's committee deliberating the regional autonomy bill, said the committee would try to endorse the bill in the next session.

However, top priority for the committee was a revision to a law allowing the direct election of governors, mayors, and regents, Agun said.

The revision to the law on the composition of the House and the regional legislature (DPRD) has scrapped the authority of the DPRD in electing either the governors, the mayors, or the regents.

Key Articles in the Military bill

Article 4: Regarding the use of military force, the TNI is under the control of the president.

Article 6: The TNI is a state instrument in defense affairs and must exercise its duties in line with state policy (the political decisions of the president and the House).

Article 18: The authority and responsibility in the deployment of troops is in the hands of the president.

Article 63: The TNI is funded solely by the state budget. The budget is proposed through the Ministry of Defense.

[Source: Military bill.]

Non-government organisations reject draft TNI law

Kompas - July 24, 2004

Jakarta, Kompas -- A number of non-government organisations (NGOs) and students from the pro-democracy movement have rejected the planned deliberation of the draft law on the Indonesian National Armed Forces (RUU TNI) by the People's Representative Assembly (DPR). Aside from procedural flaws, they believe that the draft law has the potential to obstruct the process of democratic reform.

These issues was raised in a meeting of pro-democracy activists on the draft law which was held at the offices of the Institute of Development and Human Resource Studies (Lakpesdam) which is affiliated with the Islamic mass organisation Nahdlatul Ulama (NU) on Friday July 23. The main agenda item was the discussion of an action plan to respond to DPR's deliberation of the draft law which will take place between August 2 and September 30.

The discussion, which was chaired by women's activist Yenny Rosa Damayanti, was attended by representatives from a number of NGOs such as Lakpesdam NU, the Propatria think tank, Indonesian Human Rights Watch (Imparsial), the Indonesian Women's Coalition (Koalisi Perempuan Indonesia, KPI), the Indonesian Farmers Association (Asosiasi Petani Indonesia, API) and the Alliance of Independent Journalists (AJI). Representatives from student groups who attended included the Indonesian Islamic Student Movement (Pergerakan Mahasiswa Islam Indonesia, PMMI), the Republic of Indonesian Catholic Students Association (Perhimpunan Mahasiswa Katolik Republik Indonesia, PMKRI), the Indonesian Hindu Student Association (Kerukunan Mahasiswa Hindu Dharma Indonesia, KMHDI), the National Student League for Democracy (Liga Mahasiswa Nasional untuk Demokrasi, LMND) and the National Students Forum (Forum Mahasiswa Nasional, FMN).

"The deliberation of the RRU TNI must be rejected because it has the potential to bring back the dual [social and political] function of ABRI [the Indonesian Armed Forces, now called TNI] like before", said Yenny.

Likewise, Impartial's operational director, Rusdi Marpaung, said that the draft law must be rejected for six reasons, including that it will make the TNI's operational and territorial military commands(1) permanent and give them a legal manatee under law. Aside from this the draft law opens up the possibility of a return to the assignment of TNI officers to posts in the civilian bureaucracy.

Marpaung also questioned the support given by Tjahjo Kumolo, the leader of the Indonesian Democratic Party of Struggle fraction in the DPR, for the deliberations of the draft law. "When the fact is that in the lead up to the first round of the presidential election there were many actions rejecting militarism", he said.

Propatria's executive director, T. Hari Prihatono, said that in his view the strong desire on the part of the government and the DPR to accelerate the deliberations and complete the draft law indicates the existence of "political dishonesty". Moreover it explicitly ignores the principles of democracy which require the opening up of space for public participation. This has the potential to threaten the future process of democratic reform.

Withdraw the RUU TNI

Prihatono said that in his view the draft law not only fails to reflect the existence of bias towards military officers, but will provide further political benefits to the TNI leadership. Prihatono therefore urged the government to withdraw the draft law from the DPR saying the government needs to form a new team to properly complete the draft law so that the outcome is both comprehensive and so that it can become a legal instrument which will support the democratic process.

The general chairperson of PMII's executive board, Malik Haramain, highlighted the issue of the TNI's territorial commands which are absolutely central in the draft law. "At the very least we must carry out a rationalisation of the territorial commands because the problem is that becomes complex when it is related to domestic conflicts. [Although] I think that especially in the case of Aceh the territorial commands are still necessary", said Haramain.

Separately meanwhile, deputy presidential candidate K.H. Hasyim Muzadi has asked the different parties to first examine and study the draft law before signing it. "Which is true, will the draft law bring militarism back to life in Indonesia or merely reposition the military institutions so that they are more processional", he said.

Muzadi added that if in the future the legislation indeed develops in to a militaristic state system then the matter must be immediately corrected and checked. "What we need at the moment is [to discuss] how to safeguard the respect and prestige of military institutions, because they are the institutions which have the duty to protect the severalty and status of the nation", said Muzadi. (DWA/BUR)

Notes:

1. The TNI's territorial command structure mandates the deployment of military command posts and detachments at all levels of the civil administration: provincial, district, sub- district and village. This structure provides the organisational framework for the TNI to act as a political security force at all levels of society.

[Translated by James Balowski.]

Lawmakers smell fishy deal behind mining regulation

Jakarta Post - July 24, 2004

Fitri Wulandari, Jakarta -- A group of legislators suspect that some of their colleagues have been bribed into approving the governmental regulation in lieu of law which allows open pit mining in protected forest areas.

Bambang Setyo, a member of the Anticorruption Caucus, said the indication of bribery was the fact that major parties had voted to pass regulation in lieu of law No. 1/2004 into law during the House of Representatives' plenary session on July 15.

In contrast, during the last meeting of the special committee to deliberate the bill prior to the plenary session, only the largest faction in the House, the Indonesian Democratic Party for Struggle (PDI Perjuangan), supported the bill.

The rest of the factions, including Golkar, the second largest faction, either rejected the bill or were undecided.

"The Caucus smells something fishy. There has been a dramatic change that prompted three major factions of the House to endorse the bill during a vote," Bambang said in a media briefing on Friday.

Aside from PDI Perjuangan and Golkar, the United Development Party (PPP), the third largest faction also voted in favor of the bill.

The caucus was set up in April 2004 as a voluntary drive by lawmakers to fight corruption and collusion in the legislature. Bambang claimed the caucus has 30 members of various factions in the House, whom he refused to identify.

A few days before the plenary session, lawmakers had talked about "money being offered" for those who agreed to the bill, Bambang said.

"My colleagues said they were offered between Rp 50 million (about US$5,500) to Rp 150 million," Bambang, who is from Crescent Star faction, said, adding that he got a similar offer from a fellow lawmaker.

Last week, the House passed regulation in lieu of law No. 1/2004 into law after 131 lawmakers out of 232 in the plenary session voted for the controversial bill.

The bill is the same in principle as Forestry Law No. 41/1999 except for an additional clause stipulating that mining companies who have signed contracts prior to the enactment of the Forestry Law may resume their open-pit mining activities. The 1999 Forestry Law bans open-pit mining operations in protected forests.

The government issued Presidential Decree No. 41/2004 to allow 13 mining companies resume their operations as an implementation of the law.

Herman Widyananda, the head of the special committee for the deliberation of the bill, dismissed the bribery allegation. "I am not aware of the rumors. There was no bribery," Herman of Golkar told The Jakarta Post on Friday.

While acknowledging most factions were undecided until the plenary session, Herman said it was not unusual for factions to change their stance in the plenary session.

Herman claimed Golkar's support for the bill was mainly to avoid potential arbitration proceedings that would be initiated by investors seeking Rp 188 trillion in compensation for the closure of the mines.

"There was a dilemma between environmental and economic issues. But economic concerns were deemed more important," he said. Herman added parties who opposed the endorsement could file for a judicial review with the Constitutional Court in order to annul it.

Watchdog calls on House to stop deliberating TNI bill

Jakarta Post - July 24, 2004

Tiarma Siboro, Jakarta -- The Parliament Watchdog joined the opposition to the amended bill on the Indonesian Military (TNI) on Friday, calling on the House of Representatives not to push for a deliberation due to time constraints.

The non-governmental organization said the limited time available for the deliberation would degrade the quality of the legislation, which deals with crucial matters.

"There should be a certain consideration as to why both the government and the lawmakers decided to speed up the deliberation within just a month," Parliament Watch chairman Tommy A. Legowo told The Jakarta Post.

The House has set a target of completing the debate within a month, starting on Aug. 24, to allow military representatives in the legislative body to take part in the deliberation of a bill that deals with their institution. The House and the People's Consultative Assembly will no longer reserve seats for the military and police after the current lawmakers complete their tenure at the end of September.

Instead of forming an inter-commission team, the House leaders have entrusted the House's Commission I on security and defense to deliberate the bill.

Tommy said the decision to debate the bill in a limited group would merely deprive the public of access to the decision-making process albeit the gravity of its contents.

"How could the important regulation be discussed in a limited group? I wish lawmakers would drop their plan before they cause damage that affects the public," Tommy said.

T. Hari Prihantono of the non-governmental organization Pro Patria said President Megawati had violated Law No. 30/2002 on state defense when she assigned the office of the Coordinating Minister for Political and Security Affairs to review the draft, instead of the Ministry of Defense which directly supervises the Military.

"All matters related to the TNI should be endorsed by the Ministry of Defense because Law No. 30/2002 says so. By letting another government office deal with the TNI's interests, the government is in violation of the law," Hari told a discussion held by a Nahdlatul Ulama think-tank on Friday.

The bill has been criticized for allowing the Military to maintain its territorial function.

The defense ministry's director general of strategic defense Maj. Gen. Sudrajat said the government had not violated any law because the formulation of the bill involved his ministry and other related ministries.

Defense minister Matori Abdul Djalil has been sick since last year, with the office of coordinating minister for political and security affairs taking over decision-making about strategic policies.

Focus on Jakarta

Sutiyoso plans for 'smoke-free' Jakarta

Jakarta Post - July 24, 2004

Damar Harsanto, Jakarta -- Jakarta could be a "smoke-free city" soon as the Sutiyoso administration is planning to ban all cigarette smoking in public places.

"We have to protect those who are not smoking from the danger of cigarette smoke," Governor Sutiyoso said on Friday after a signing ceremony to observe the National Children's Day on July 23, at Ancol Dreamland Park in North Jakarta.

At the event, President Megawati Soekarnoputri and Minister of National Education Abdul Malik Fajar signed a pledge to free schools nationwide from cigarettes.

Sutiyoso said the planned smoking prohibition in the city, in the form of a city bylaw, was a follow-up to the national campaign.

Smoke-free zones in the city would include public buses, offices, air-conditioned buildings such as shopping malls; and elevators, he said. "Of course, the bylaw would impose sanctions against offenders," he said.

The Jakarta administration is among the few institutions in the country that has officially declared its offices smoke-free.

In his gubernatorial decree dated February 9, Sutiyoso requires all administration officials, workers and guests to refrain from smoking on administration premises and prohibits the marketing of cigarettes to staff.

However, many of his officials continue to ignore the decree as it has no teeth to impose sanctions.

Studies show that Jakarta is a city of smokers, with many of them known to be children. A recent survey made by the Pelita Ilmu Foundation estimates that about three million teenagers in the city are regular smokers with 20 percent of them still at junior high school.

So far, little has been done by the government to discourage people from smoking despite the existence of Government Regulation No. 81/1999 on the protection of public health, which requires smoke-free zones in public places, buildings and aboard public transportation.

Data from the Ministry of Health shows that about 57,000 people in the country are known to die annually from tobacco-related illnesses, including heart disease, respiratory diseases, mouth cancer, throat cancer and strokes.

The data estimates at least 500,000 people in the country are suffering from such illnesses.

Smoking is a worldwide concern, with the World Health Organization (WHO) saying that about five million people die of smoking-related diseases every year.

News & issues

Kubu tribe marginalized on their own soil

Jakarta Post - July 20, 2004

Jon Afrizal, Jambi -- About 1,300 people from the Kubu tribe living in Bukit Duabelas National Park, Jambi, are being marginalized as a result of serious damage to the protected forest.

The need to earn a living has forced some members of the tribe to participate in illegal logging, which has contributed greatly to rapid deforestation in the park.

"They work as guides, porters or loggers. Those experiencing the harshest conditions in the park are forced to become involved in illegal logging," Environmental Information Group (Warsi) activist Robert Aritonang told The Jakarta Post recently.

Chronic poverty among members of the Kubu tribe has changed their habits. They are also referred to as the Anak Dalam tribe, and were known previously for respecting the environment.

"For a long time, the Kubu tribe was known for its habit of respecting trees in the forest. They consider trees to be the home of the Gods," he said.

Robert said, however, continuous forest destruction due to illegal logging had marginalized the Kubu tribe. Illegal logging had depleted natural resources in the forests, including animals and plants that used to be a food source for tribe members.

Logging has also opened up the forests, forcing tribe members to mingle with strangers from the town and with suburban people, who brought with them modern lifestyles.

The combination of the two factors has forced members of the tribe to become involved in illegal logging as a source of money to meet their basic living demands and, for some, to catch up with modernity. The latter includes the purchase of electronic equipment and "modern" clothes.

However, there is also another economic reason behind the involvement of some members of the Kubu tribe in illegal logging. Robert said Kubu tribespeople had become involved in logging because of their close relations with traditional buyers, known as jenang waris or tauke.

"In the past, Kubu tribespeople collected forest products, such as rattan and honey, and sold them to traditional buyers," Robert said.

He said the Kubu tribe was very dependent on its traditional buyers, who often helped the indigenous people, such as by giving them staple foods when the tribe was unable to collect forest products. Due to a decrease in the supply of forest products, Robert said, the jenang waris were currently asking the tribe to participate in illegal logging, and bought the logs from them.

"The Kubu tribe does not feel able to resist orders from the jenang waris. They are scared of alienating traditional buyers because they are very dependent on them," he said. He added the buyers worked in partnership with people from outside the national park, who had a huge amount of capital to buy logs.

Robert said some groups within the Kubu tribe, who did not participate in illegal logging, often became involved in conflicts with those of their friends who did.

"The groups often try to prevent people from destroying "the homes of their Gods", but are unable to defeat illegal loggers, who are supported by many, including outsiders," he said.

He said the increase in illegal logging had caused a marked decline in the number of trees in the area, of which only 65 percent were left in the 60,500-hectare forest.

Illegal logging continues totally unchecked due to the absence of security officers in the protected forest. "The government should pay serious attention to the matter," said Robert, adding that it had to protect both the forests and the Kubu tribe.

Environment

Illegal bird trade still rampant NGO says

Jakarta Post - July 22, 2004

P.C. Naommy, Jakarta -- A non-governmental organization has alleged that smuggling and trading in endangered bird species continue unabated, despite legislation that prohibits the illegal activities.

Citing an investigation carried out from December 2003 to May 2004, Rosek Nursahid of ProFauna Indonesia said on Tuesday that as many as 9,600 salmon-crested cockatoos (Cacatua moluccensis) were caught in the Seram islands, Maluku, and sold to bird exporters in Jakarta via Ambon each year.

"The actual total could be nine times as high as we've recorded," said Rosek Tuesday.

Rosek alleged that the illegal practice involved Ambon's largest bird trader, PT Pembangunan Maluku Permai, and Seram's most prominent bird collector and trader, Kartini. Neither could not be reached for comment on Tuesday.

According to the report, an illegal trader, like Kartini, could collect an average of 50 cockatoos per month and earn at least Rp 37.5 million (US$4033) from the illegal trade in Ambon alone.

Rosek said that once the birds entered Jakarta the price would be much higher. A monitoring report from ProFauna in 2003 showed that salmon-crested cockatoos had been traded openly for about Rp 1 million each at bird markets in Java.

The government has listed the salmon-crested cockatoo in Appendix One of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which prohibits any commercial trade in such animals.

Law No. 5/1990 on conservation of natural resources and ecosystems also prohibits trading in protected animals. Anyone convicted faces maximum imprisonment of five years and a fine of up to Rp 100 million.

However, the government, via the Indonesian Institute of Sciences (LIPI) and the Directorate General of Forest Protection and Nature Conservation (PHKA), has made an exception by allowing trade in this bird species for particular purposes, with a specified quota for international markets.

According to LIPI, the permit allows trading only for scientific but not commercial purposes. Birds being traded must come from a breeding center, not from their natural habitat.

The policy has drawn a pessimistic response from environmentalists due to weak law enforcement in Indonesia.

"The government should impose a trapping moratorium on all endangered animals, because traders and exporters will misuse special licenses to sanction their illegal activities," said Rosek.

Animal activist Willie Smith said that, annually, about 50,000 cockatoos were smuggled from Papua to other islands, mostly Java.

Smith also said that it would be hard to eliminate the practice, as about 90 percent of the smuggling was backed or even carried out by the Indonesian Military (TNI).

The taking of serious measures against perpetrators has been hampered by conflicts of interests and a lack of seriousness from departments responsible for protecting natural resources.

"I have proposed an eight-month plan to eliminate illegal trading in wildlife at Pramuka bird market, but there's been no positive response," said Yunus, an investigator at the Natural Resources Conservation Office (BKSDA) in Jakarta.

The Pramuka market, Jakarta, is well-known as a center for some of the world's most extensive black-market trade in animals. Thousands of animals, including rare species such as cockatoos, gibbons, owls and eagles, can be found there.

Yunus said that without official permission from his institution, he would be unable to implement the plan to eliminate the illegal trade, even if he received funding assistance from Willie Smith, who is also the chairman of the Balikpapan Orangutan Survival Foundation.

Turtles under threat in West Sumatra, Yogyakarta

Jakarta Post - July 22, 2004

Syofiardi Bachyul and Slamet Susanto, Padang/Yogyakarta -- The theft of eggs of three protected turtle species in West Sumatra is threatening the very existence of the turtles, researcher Harfiandri Damanhuri has warned.

Harfiandri estimated that some 22,000 turtle eggs are traded at Muara Padang Beach, South Pesisir regency in the province every 10 weeks, with more being sold overseas to Singapore and Malaysia. Most of the eggs are taken from Penyu (Turtle) island, also in South Pesisir.

Harfiandri, a turtle researcher from Bung Hatta University in Padang, the capital of West Sumatra, disclosed that he recently saw turtle eggs being sold in at least 16 kiosks in the Muara Padang tourist destination.

Each egg was being sold for Rp 2,000 (US 21 cents) to Rp 3,000, far higher than the usual retail price of Rp 600 to Rp 800. Turtle eggs have become popular as people believe they promote longevity.

Data obtained by Harfiandri shows that at least 40 turtles swam ashore on Turtle island each night in 1995, but this year only seven per night come ashore.

"I predict that in 10 years time, only one turtle will swim ashore," Harfiandri said.

Turtles swimming ashore on Turtle island are the green sea turtle (Chelonia mydas) and hawksbill sea turtle (Eretmochelys imbricata). The leatherback turtle (Dermochelys coriacea) has not been spotted on Turtle island since 2001.

Despite a government decree declaring the island a turtle conservation area, local residents defiantly continue to poach turtle eggs.

"They have been doing it for years, plus they consider the island their ancestral land, so it's difficult to put an end to the practice," said Harfiandri.

Harfiandri claimed that egg poaching was not restricted to Turtle island but also occurred on other islands in the province, including in the territory of Pasaman, Agam, Padang Pariaman, South Pesisir and Mentawai islands regencies.

On Mentawai islands, locals steal not only the eggs but also the turtles, which they eat.

"The government must find ways to prevent the turtle from becoming extinct. If not, the turtle will become something we can only read about," he said.

While it is unclear what the West Sumatra government intends to do to save the turtles, fishermen in Bantul regency, Yogyakarta province, have established the Bantul Turtle Conservation Forum (FKPB) to save the turtle in the area.

Saving the turtle in the area is being taken seriously, especially since numbers have dwindled over the years. At Samas beach, for example, only several turtles come ashore each night.

Rudjito, chairman of the FKPB, said that the forum had built a three-tank hatchery on Samas Beach. Fishermen also occasionally hold ceremonies to release newly hatched turtles into the sea.

"We often ask Samas visitors and tourists to release the infant turtles with us during the ceremonies to promote people's awareness about the turtle," said Rudjito. The ceremonies also make people realize that the beach is not merely a place for prostitution or drunkenness, he said.

Governmnet toughens stance on mining

Jakarta Post - July 22, 2004

Muninggar Sri Saraswati and Rendi A. Witular, Jakarta -- The Ministry of Forestry will issue new regulations to establish strict conditions for firms operating in protected forests, in a bid to minimize environmental destruction.

The regulations are part of the ministry's attempt to help restore its tarnished image after the endorsement of a controversial government regulation in lieu of law that allows a number of mining firms to resume open-pit operations in the areas.

Spokesman of the Ministry of Forestry Transtoto Handadhari said several decrees were being prepared by the ministry to limit the potential destruction caused by mining operations on natural forests and the environment nearby.

"Under the decrees, mining firms are expected to be more accountable for any slight environmental damage resulting from their operations," Transtoto told a media briefing on Wednesday.

Transtoto said that under the regulations, the firms would have to deposit funds with the government, which would be used to finance the rehabilitation of their mining site after their concession expired.

"The deposits are to ensure that firms do not ignore their responsibility to rehabilitate mining sites," he said.

Although the amount of the deposit had yet to be decided, a source at the ministry said that it would be at least Rp 1 trillion (US$111 million) for each firm, depending on the size of their concession area and the type of their mining products.

In exchange for a concession, firms would also have to provide a plot of land larger than their concession if they operated in a province whose natural forest accounted for less than 30 percent of its total land area, he said.

Transtoto said the ministry would allow a year for firms to meet the requirements, otherwise their licenses would be revoked.

The House of Representatives endorsed last week a government regulation in lieu of law that allows mining firms to resume open-pit operations in protected forests, along with a presidential decree that grants licenses to 13 mining firms to operate in such areas.

Transtoto said, however, that under the proposed regulations, the 13 firms could not automatically operate in protected forests as they had to secure an operating permit from the ministry. The ministry would only issue permits for areas that had proven mineral deposits.

The ministry will issue a permit after a recommendation from a joint team, which includes representatives from the Indonesian Institute of Sciences (LIPI).

Firms will have to renew their license every five years, and if the ministry discovers any violation covered by forestry legislation, the license will immediately be revoked.

Transtoto said another crucial ruling in the regulations was that the ministry would divide each of the concessions into blocks, meaning that a firm could not mine the next block unless it had rehabilitated the previous one.

Elsewhere, executive director of Greenomics Indonesia Elfian Effendi said that based on international practice, the 13 firms should lodge a rehabilitation deposit totaling around Rp 154.7 trillion (US$17 billion).

Worker and environment activists demonstrate at Newmont

Detik.com - July 23, 2004

Dadan Kuswaraharja, Jakarta -- Worker and environment activists demonstrated at the PT Newmont Mining Group Jakarta office following the exposure of pollution in the Gulf of Buyat which has cased Minamata sickness. They were demanding that Newmont take responsibility.

The action was held on the grounds of PT Newmont offices which is located on the 25 floor of the Rajawali Tower in the Mega Kuningan area of Jakarta on Friday July 23. The action started at around 10am and ended at 11.30am.

The activists came from a number of groups including the Indonesian National Front for Labour Struggle (FNPBI), the Indonesian Environment Forum (Walhi), the Mining Network (Jatam), the People's Democratic Party (PRD) and the National Student League for Democracy (LMND).

According to activists Newmont has caused the Indonesian people a great deal of suffering. They have not only caused illness by polluting the environment but have also acted arbitrarily toward workers. PT Newmont Nusa Tenggara for example suspended 200 workers and has failed to pay them overtime money. "This case proves that Newmont is only interested in profit without safeguarding the rights of the people and its workers", said Dita Indah Sari from FNPBI.

The activists are demanding that PT Newmont take responsibility for the environmental damage and sickness in the Gulf of Buyat in Minahasa, North Sulawesi and that PT Newmont Nusa Tenggara immediately pay the outstanding overtime wages and cancel the suspensions. They are also demanding that Newmont stop its mining operations. "Go to hell Newmont" and "Newmont but take responsibility" demanded the activists in posters with they carrying. (iy)

[Translated by James Balowski.]

Aid & development

NGO alliance demands audit of World Bank loans

Jakarta Post - July 22, 2004

P.C. Naommy and M. Taufiqurrahman, Jakarta -- Non-governmental organizations grouped in the Coalition Against Debt (KAU) called for the establishment of an independent body to audit World Bank loans to the country to determine whether or not they must be repaid in full.

Coalition coordinator Raja Siregar of the Indonesian Forum for the Environment (Walhi) said about 30 percent of the cumulative US$25 billion in World Bank loans during the 32-year leadership of Soeharto were lost to corruption.

"Yet, we still have to pay back the entire debt burden left by the regime. It isn't fair, [and] the World Bank must also take responsibility for being aware of the practice, but failing to take serious measures [against it]," said Raja in a press conference on Wednesday.

Aside from Walhi, the coalition include the Indonesian Corruption Watch, the Indonesian Farmers Federation and the Students League for Democracy.

The coalition plans to march on Thursday from the Hotel Indonesia traffic circle to the Jakarta Stock Exchange building, where the World Bank's Jakarta representative office is located, in conjunction with the bank's 60th anniversary.

According to Raja, an independent auditing body would help provide evidence of corruption, upon which the country could appeal to the international court system and request that the World Bank write off around 30 percent of its debts.

Indonesia, which has been mired in an economic crisis since 1997, has incurred $45 billion in debt to the World Bank. "We could allocate the rest of the money to other sectors, such as education, health and poverty reduction," Raja said.

A country cannot file litigation against the World Bank, which enjoys legal immunity.

The coalition also said the World Bank had not helped the country rise out of poverty and instead drowned it in debts by funding projects that caused losses to the people.

It alleged that many World Bank-funded projects failed to materialize as planned. The coalition cited the $166 million Kedung Ombo dam project in Central Java, completed in 1989, as an example of the Bank's failure.

The project forced 5,390 families, or 20 villages, off 6,700 hectares of land affected by the dam, to be relocated to government resettlement areas in Sumatra.

The World Bank report on the dam project, made available to Inter Press Service in 1999, said the resettlement plans for the villagers were highly defective, as the living standards of 74 percent of families had declined after their relocation.

World Bank lead economist Bert Hofman dismissed the coalition's demand, saying that under no circumstances did Indonesia deserve such debt relief.

He said the Paris Club scheme granted Indonesia leniency in debt repayments to foreign donors. The Paris Club is an informal international group of creditors tasked with finding solutions to repayment difficulties faced by debtor nations.

Hofman said the country's economic situation had accorded it an amicable repayment term "If the coalition's demand concerns foreign loans that had been corrupted or odious debts, the international community does not recognize such concepts," he told The Jakarta Post.

In regards the corruption that had plundered foreign loans, especially during the New Order regime, Hofman said the country should step up its anticorruption drive and stamp out widespread corruption.

Islam/religion

Understanding roots of Islamic fundamentalism

Jakarta Post - July 24, 2004

Olivier Roy, Project Syndicate -- Many believe that religious revival and political radicalism among Muslims who reside in the West reflects the traditions and conflicts of the Middle East or the wider Muslim world. But Islamic Salafism (fundamentalist religious radicalism) is above all a consequence of the globalization and Westernization of Islam, and of the decoupling of culture and religion more generally.

All forms of religious fundamentalism rely on the notion of a "pure" religion independent of cultural variations and influences. Today's Islamic revival shares the dogmatism, communitarianism, and scripturalism of American evangelist movements: both reject culture, philosophy, and even theology to favor a literalist reading of sacred texts and an immediate understanding of truth through individual faith.

Recent books published in the West reflect this, with titles like What is Islam?, What Does It Mean To Be A Muslim?, and How To Experience Islam? It is easy to fast during Ramadhan in Afghanistan, Pakistan, and Egypt, even if one does not want to. But a Muslim living in Europe is confronted with the necessity of objectifying the religion. Ulemas (religious scholars) are useless for believers who must search for purely religious criteria that are no longer linked to a given culture.

The real issue is not a theoretical question about Islam, but concerns the religious practices of Muslims. The forms of religiosity in Islam today are more or less the same as those found in Catholicism, Protestantism, and even Judaism. Contemporary adherents insist more on personal faith and individual spiritual experience. Such "born again" believers rebuild their identities through their rediscovery of religion.

With Islamic fundamentalism, too, we are not witnessing a traditional religion asserting itself against the Christian West. When the Taliban came to power in Afghanistan in 1996, they initially had excellent relations with the Americans, and Westerners could travel freely in Afghanistan between 1996 and 1998.

The Taliban were not fighting Western culture, but traditional Afghan culture. Why forbid owning songbirds? Why ban kites? The rationale is common to all forms of fundamentalism: This world exists to prepare believers for salvation. The state's role is not to ensure social justice and the rule of law, but to create opportunities -- even through coercion -- for believers to find salvation.

The Taliban's argument was simple: If your bird starts singing while you are praying, you will be distracted and your prayer will be nullified. If you are a good Muslim, you will start again from the beginning. But, because we are unsure that you are a good Muslim, it is easier to forbid owning songbirds, so that they cannot jeopardize your salvation.

Similarly, kites get tangled in trees, and if you climb the tree to free it, you might look over your neighbor's wall and see a woman without her veil, which would put you in sin. Why risk burning in hell for a kite? Better to ban them.

Fundamentalism is thus not a protest by original cultures under threat; it reflects these cultures' disappearance. So it is a grave mistake to link modern forms of fundamentalism with the idea of a clash of civilizations. Young people do not become fundamentalists because their parents' culture is ignored by Western civilization. Fundamentalist religiosity is individual and generational, a rebellion against the religion of one's parents.

Of course, religious fundamentalists of whatever stripe often emphasize similar codes, norms, and values. When Pim Fortuyn in Holland decided to wage a campaign against Muslim influence, he was defending sexual freedom, not traditional Christian values. But on this subject and others -- say, family and abortion -- religious Muslims in Europe side with conservative Christians.

Nevertheless, such commonalities do not explain political and radical Islam. Osama bin Laden is much more the expression of deracination than of a tradition of political violence in Islam. Muhammad Atta, Zacharias Moussaoui, and Kamel Daoudi were "born again" in Marseilles, London, and Montreal, not in Egypt or Morocco (and they all broke ties with their families).

Moreover, young radicals go to fight in Bosnia, Chechnya, Afghanistan, or Kashmir rather than in their countries of origin, because they do not regard the Middle East as the heart of a Muslim civilization under siege by crusaders. They live in a global world; they do not perceive themselves as Middle Easterners.

The irrelevance of traditional culture explains the growing number of converts in all the recently discovered radical networks. The members of the Beghal network in France were roughly one-third converts. The French police arrested a German citizen with a Polish name in connection with the terrorist attack on the synagogue in Djerba, Tunisia. Richard Reid, who tried to blow up a British airplane, Josi Padilla, accused of plotting a "dirty bomb" attack in the United States, and John Walker Lindh, the American Taliban, are all converts.

In Europe, conversion is typically confined to underprivileged neighborhoods, populated by young people with no job prospects who generally live in an underground economy of delinquency. The radical and violent left in Europe today has abandoned these zones of social exclusion. Radicals used to learn to handle a Kalashnikov and hijack planes with the Palestinians. Now they learn to handle a Kalashnikov and hijack planes with Al Qaeda.

Their quest for mythic, messianic, transnational movements of liberation remains the same, as does the enemy: America's imperial colossus. They are the product not of Western or Middle Eastern history, but the fusion of all histories, of globalization. They are at home in a homeless world.

The writer is Research Director at the CNRS; he teaches at the Ecole des Hautes Etudes en Sciences Sociales (EHESS) and at the Institut d'Etudes Politiques, Paris. He is the author of Globalized Islam.

Military ties

Indonesia military aid back on table

Far Eastern Economic Review - July 22, 2004

United States officials are debating when they might be able to resume military aid to Indonesia now that the US Department of Justice has indicted an alleged separatist for the murder of two Americans in Papua province in August 2002. "Everyone applauds that Indonesia has taken a step to cooperate with the [Federal Bureau of Investigation] to produce an indictment," a senior US official says. "But everyone thinks the investigation still isn't over and no one doubts there are other suspects," he says, alluding to the fact that more indictments are expected in the coming months. The official says the departments of State and Defence are discussing when to go to Congress to request that funding for the training of military officers be resumed. US

military aid to the Indonesian military was suspended in the early 1990s due to human-rights violations in East Timor, and more recently Congress has withheld funding for training Indonesian officers in the US until Jakarta helps complete the Papua investigation.

Congressional aides suggest that some in Congress are ready to resume military training now to bolster Indonesia's cooperation in fighting terrorism, while others want to wait for an FBI briefing on the progress of the murder investigation, and still others want to continue isolating Indonesia until punishment has been delivered for the rights violations in East Timor. The official says that some in the administration are proposing that the amount of money made available for officer training in fiscal year 2006, which begins on October 1, 2005, should be "significantly higher" than the $600,000 that would have been available in the current fiscal year.

Business & investment

Tax incentives could up investment

Jakarta Post - July 22, 2004

Tony Hotland, Jakarta -- Aside from solving the existing problems that hamper investment, the government could also provide tax incentives for both local and foreign investors to lure them into investing their money here, a top businessman has suggested.

Indonesian Employers Association (Apindo) chairman Sofjan Wanandi said on Wednesday that the Indonesian government needed to offer tax incentives both to attract new investors and encourage existing ones to expand their businesses.

"The government says that such incentives are unnecessary. Of course, we wouldn't need them if we had a sound economy. But what about in a high-cost economy like we have here?" he said during a seminar held by consulting firm Ernst & Young.

"It could be in the form of flexibility or leeway in obtaining licenses or raw materials," Sofjan, who is also chairman of the National Economic Recovery Committee, said without further explanation.

Such incentives, he added, had been introduced by countries like Malaysia, China and Thailand.

Sofjan said tax incentives could help boost new forms of investment, both local and foreign, which had been declining in the past three years.

Currently, investment only contributes 10 percent to the country's gross domestic product as domestic consumption has been the main contributor over the past few years.

Approved year-on-year foreign investment dropped by 34 percent during the first semester to US$3.05 billion.

Sofjan also cited decentralization policies, labor issues and legal uncertainty as three of the most concerning problems faced by business players that should be seriously addressed in the draft of the new investment bill.

The new bill will be submitted to the House of Representatives for deliberation during its final session in August.

Sofjan added that Apindo, along with the Indonesian Chamber of Commerce and Industry (Kadin), was working to come up with an industry map that would provide details on the prospects of investment here.

"We'll present the draft of the map to two presidential candidates [Susilo Bambang Yudhoyono and Megawati Soekarnoputri] in August. We'll also propose that the new president hold meetings with the business community at least once every two months to talk about business issues," he said.

Investment in gas sector reaches $112.6 million

Jakarta Post - July 22, 2004

Jakarta -- Although the government has yet to issue regulations on the gas sector, private firms have started building a network for gas distribution, showing great confidence in the future prospects for the business.

Ministry of Energy and Mineral Resources director of oil and gas commerce and processing Erie Soedarmo said on Wednesday that investment in the gas sector had reached US$112.6 million since the sector was officially liberalized a year ago.

That investment included $51 million for the construction of infrastructure to distribute natural gas and about $61 million for the construction of liquefied petroleum gas (LPG) production plants and reception terminals.

"The investment will increase in the future when government regulations on the oil and gas downstream sector have been issued," Erie said.

The investors will not be allowed to operate until after November 2005 when the government starts applying the free market system to the oil and gas downstream sector.

The ministry completed a draft regulation for the oil and gas downstream sector last year and sent it to the State Secretariat for approval by President Megawati Soekarnoputri. Thus far, however, there has been no indication that the President will sign it in the near future.

The great enthusiasm felt by gas investors is, however, not shared by oil investors. The government has issued temporary licenses to seven private companies to market oil-based fuel but none has pledged to invest.

Erie said that in contrast to their gas counterparts, oil investors were very careful when making investment decisions as the business carried higher risks. "They want to be satisfied on all legal matters before making an investment," Erie said.

Private firms are now permitted to engage in oil and gas distribution following the introduction of Law No. 22/2001, which aims at liberalizing the oil and gas sector.

In the past, only state oil and gas firm PT Pertamina was allowed to distribute oil-based fuel, while the right to distribute gas was held by Pertamina and PT Perusahaan Gas Negara (PGN).

Pertamina will retain the right to distribute oil-based fuel until November 2005.

While Indonesia's oil reserves have been much depleted and the country imports a significant amount of oil-based fuel to meet domestic demand, the nation has huge gas reserves, which largely remain untapped. The government is now aggressively promoting the use of gas to reduce public consumption of oil-based fuel.

History

Indonesia in democratic transition

Malaysiakini - July 22, 2004

James Wong Wing On -- Indonesia, Malaysia's giant neighbour to the south, is more than a frequent source of haze, illegal migrants, maids and terrorists.

Like China and India, Indonesia is an influential neighbour of Malaysia. Also like China and India, Indonesia's influence on Malaysia has not been only confined to cultures, languages, ideologies, popular fashions and religions, but also foreign policies and conduct of international relations.

Given the geographical propinquity between Malaysia and Indonesia, the many people-to-people contacts and inter- governmental relations are long-standing, multi-faceted as well as very emotive.

Historically, the first Malay-Muslim polity in Peninsular Malaysia was founded in Malacca in about 1400 by the fugitive prince Parameswara who fled Palembang in Sumatra after a failed power struggle. Many other peoples in what is now known as Indonesia had since followed suit for all kinds of reason and purpose. Chinese and Indians also came to trade, work or settle in Peninsular Malaysia at almost the same historical period.

During the colonial period, the influx of the peoples from Indonesia (then called Dutch East Indies) as well as China and (British) India continued with even larger scale, making Peninsular Malaysia one of the most cosmopolitan society at the beginning of the 20th century. Also, while the colonial authorities co-operated to suppress anti-colonial ideas and activities, many people from Indonesia, China and India also networked with each other in the area to strive to free themselves from British and Dutch colonial rules.

After the fall of Singapore in the Pacific War, many Chinese businessmen and intellectuals who opposed Japanese militarism like Tan Kah Kee and Lim Bo Seng first sought refuge in Sumatra before proceeding to India, the great bastion of freedom and resistance in the Pacific War where the Allies' headquarters for Southeast Asia and the China-Burma Theatre (CBT) was located.

During the Japanese occupation, Sumatra was merged with Peninsular Malaysia to form one administrative zone ruled militarily from Singapore which was renamed Syonan or "Light of the South".

Passions of hope and fear

The Indonesian armed struggle for independence against Dutch colonialism in 1945-1949 had tremendous ideological or ideational, political and intellectual impacts on Peninsular Malaysia, accelerating the growth of modern Malay ethno- nationalism, particularly its left-wing which advocated, rightly or wrongly, a union between Peninsular Malaysia and Indonesia.

Meanwhile, the growth of Marxism-Leninism in the form of the Indonesian Communist Party, and of Islamic politics expressed ideologically through the Jakarta Charter group which advocated the setting up of an Islamic state also stirred up the passions of hope and fear in Peninsular Malaysia.

In 1963-1966, the Sukarno government initiated diplomatic and military opposition to the formation of Malaysia, alleging it to be a Western grand design to contain Indonesia and its anti- Western allies like the former Soviet Union, People's Republic of China and North Vietnam. The Indonesian opposition, known as the Confrontation, saw a then secret war being waged in Sarawak and Brunei between the Commonwealth forces of Britain, Australian and New Zealand on one hand, and Indonesia-sponsored irregular forces, special operations operatives and fifth columnists on the other.

In September 30, 1965, a bloody coup allegedly staged by the Indonesian communists and their sympathisers in the armed forces and counter-coup reportedly mounted by Suharto and his military unit effectively ended the reign of Sukarno and heralded the beginning of what is termed the New Order regime.

In the aftermath of the coup and counter-coup, thousands of Indonesians, including many ethnic Chinese, were massacred for allegedly being communists or leftists. The new regime also began to ban all Chinese-language schools, newspapers and publications as well as public expression of ethnic Chinese identity, including the use of personal names written or pronounced with Chinese characters.

However, the Suharto regime ended the Confrontation against Malaysia and re-established bilateral relationships between the two countries.

Up to the mid-1980s, the Suharto regime admittedly brought some improvements in economic growth and management of the Indonesian economy.

But, at the same time, the regime and the Indonesian armed forces cracked down on not only communist and leftist but also pro- Western liberals and Islamic dissents and violently suppressed any expression of what were construed or misconstrued as separatism in Aceh and Irian Jaya. In 1975, the Indonesian armed forces invaded and occupied East Timor, a Catholic-predominated former Portuguese colony, until 1999.

Despite his authoritarian rule and abuses of human rights, the Suharto regime was believed to be tolerated by the West and its friends and allies like Malaysia because of his anti-communism and also the strategic importance of the Muslim-predominated Indonesia in the Cold War in Asia.

Unable to tolerate

From the mid-1980s, however, the corruption and abuses of power of the Suharto regime, his wife, sons and daughters and " friends", including many Chinese Indonesian cronies like Bob Hassan had became so blatant that not even the West and pro- Western liberal elements within the regime and certain segments of the armed forces could tolerate anymore.

Gradually, the strength of dissidents and reformists grew underground culminating in the outbreak of widespread street protests in 1998 which eventually forced Suharto to step down ignominiously after 32 years of authoritarian rule.

The culmination of the dissident and reformist movements was certainly given impetus by the 1997 Asian Financial Crisis which saw the take-over of the Indonesian financial system by the International Monetary Fund (IMF) and the popular outbreak of anger and resentment against the corruption, cronyism and nepotism of Suharto, his family and cronies as well as his regime.

Amidst the dramatic changes in 1997-1998, Indonesian Chinese were again terrorized in riots of looting, killing and rape. Although all racial prejudices, stereotypes and riots are wrong without qualification, the question of why the atrocities were so easily instigated or provoked still deserves deeper and more honest self-reflection by all.

To his credit, the rather controversial successor to Suharto, former President BJ Habibie, personally strived to assuage fear in the Chinese Indonesian community in the aftermath of the riots. Later, Habibie also revoked some discriminatory measures against Chinese Indonesians and endorsed, against the opposition of the far-right ethno-nationalists, the 1999 UN-sponsored referendum for East Timorese to decide on the status of their homeland.

The task of national reconciliation has since been followed up by another two presidents, namely Abdulrahman Wahib and Megawati Sukarnoputri, Sukarno's daughter.

As the result of the 1998 regime change, Indonesia has been undergoing many political, social and economic reforms, including the de-politicisation and professionalisation of the armed forces and police as well as restoring press freedom and human and civil rights for all, including Chinese Indonesians.

However, there are also continuities like the determination to preserve the territorial integrity, independence and sovereignty of the original Indonesian state from Sabang to Marauke, and to defend the freedom and tolerance of religion against extremism and fanaticism in the largest Muslim country in the world.

To understand Indonesia in democratic transition with deeper insights and broader perspective, this writer spoke to a leading and world-renowned Indonesian intellectual, Dr Dewi Fortuna Anwar, in an e-mail interview.

The always forthright political scientist and foreign policy adviser to former president BJ Habibie did not hesitate to share her thoughts and perspectives on even delicate subjects like Indonesia's relations with the United States, China, Australia and China as well as sensitive questions on Indonesian Chinese, East Timor, terrorism and the interpretations of Islam.