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Indonesia News Digest Number 36 - August 30-September 5, 2004
Jakarta Post - September 4, 2004
Nani Afrida, Banda Aceh -- A soldier from the Siliwangi Military
Command posted in Nanggroe Aceh Darussalam recently complained
about his length of duty in the province.
"I have been posted in Aceh for nearly 13 months. There is still
no sign of us returning home. I always long for my family," he
said.
He said this was his second tour of duty in Aceh. The first time
he was posted to the province several years ago, his wife was
pregnant. When he returned home, his child was already nine
months old.
"My child has been calling me uncle instead of dad ever since. I
was reassigned after being home with my family for only a month,"
the soldier said.
To fill the void left by their missing families, soldiers
decorate their living quarters with family photographs. However,
pictures cannot replace the real thing.
Besides longing for their loved ones, the soldiers face other
problems like their meager daily allowances of Rp 17,500 (US$2),
the difficulty of the territory in which they operate and locals
who clearly do not appreciate their presence.
Several troops posted around Tiro, Pidie, 116 kilometers east of
Banda Aceh municipality, acknowledged that even after being
posted in the area for some time, locals continued to keep their
distance.
It is difficult for them to mix with residents, particularly
because there is much resentment among locals toward soldiers,
most of whom come from Java and are seen as oppressors. This is
unfortunate for the soldiers, and winning the hearts of the
Acehnese is the most difficult task they have to accomplish
during military operations in Aceh against the Free Aceh Movement
(GAM).
"We are confused. It is hard to distinguish between a GAM rebel
and an ordinary resident. We have to risk being shot at or we
just shoot them first. But it is also risky to shoot the wrong
person," said a soldier in Tiro.
This confusion only adds to the soldiers' stress. The longer they
are on duty, the more distressed the soldiers become, and
sometimes they resort to violence or brutality.
"They shoot cattle or whatever they find if they don't meet any
rebels. They also treat the local residents roughly," a resident
of Indrapuri, Aceh Besar regency, told The Jakarta Post.
There have been numerous incidents in Aceh involving soldiers
suffering from apparent mental problems, such as an incident in
Takengon where a soldier randomly shot at residents in January.
And a middle-ranking officer shot five soldiers from another unit
last week at the Neusu Jaya military base in Banda Aceh
municipality, the capital of Aceh. Four of the soldiers died at
the scene.
Iskandar Muda Military Command spokesman Maj. Husain acknowledged
that long tours of duty could psychologically influence soldiers.
"But they are constantly being rotated," he said.
Soldiers' tour of duty in war zones such as Aceh is about six to
12 months, but can be extended depending on the readiness of
replacement troops and the operational targets, he said.
Military personnel go through a one to three-month pretour
period. If they have been posted in Aceh previously, this period
will be shorter.
The psychological unit of the Iskandar Muda Military Command
treats soldiers to prevent problems like stress and depression.
"The unit is located in Lhokseumawe. Soldiers are routinely
checked and we immediately treat them if there are any
indications of such illnesses," Husain said.
According to a military source, soldiers are also given
psychological exams before being assigned to battle operation
areas. "Oddly enough, all of them pass the exam," the source
said.
Antara - September 3, 2004
Banda Aceh -- Indonesian troops shot dead three suspected
separatists in the restive province of Nanggroe Aceh Darussalam,
while 11 other suspected rebels surrendered in six separate areas
of the province, the military said on Saturday.
Local military spokesman Lt. Col. Asep Sapari said three
suspected separatists were killed by soldiers in East Aceh. Two
of the separatists were identified as Khairuddin, 22, and Efendi
Usman, 35, while the third has not yet been identified.
Asep said the bodies of the three rebels had been turned over to
their families for burial. He said 11 suspected rebels
surrendered to Indonesian troops in the districts of West Aceh,
South Aceh, East Aceh, Aceh Jaya, Nagan Raya and Bireuen.
"The rebels surrendered after Indonesian troops raided their
hideouts," Asep said, adding that three other suspected rebels
were arrested during a raid in Monasa village, July subdistrict,
Bireuen district.
West Papua
Land/rural issues
'War on terrorism'
Government & politics
2004 elections
Corruption/collusion/nepotism
Media/press freedom
Human rights/law
Reconciliation & justice
Environment
Islam/religion
Armed forces/police
International relations
Business & investment
People
Book/film reviews
Aceh
Aceh soldiers vulnerable to mental disorders
Three Aceh separatists killed, 11 others surrender
421 rebels killed in Aceh
Jakarta Post - September 2, 2004
Nani Afrida, Banda Aceh -- At least 421 separatist rebels have been killed since Nanggroe Aceh Darussalam was placed under a state of civil emergency three months ago, an official has said.
Sr. Comr. Sayed Hoesainy of Aceh's civil emergency administration said on Tuesday that the rebels were killed during military operations since May 19.
Over that same period, 20 soldiers and police officers were killed, mostly in clashes with rebels. Hoesainy also accused members of the Free Aceh Movement (GAM) of killing 50 civilians over the past three months.
The Indonesian Military released a report on August 18 stating that at least 1,159 rebels had been killed in operations in Aceh during the past 10 months.
Martial law was imposed in Aceh on May 19, 2003, as the military launched operations to crush GAM. One year after it was imposed, the government downgraded the martial law to a state of civil emergency.
The military operations were launched following the collapse of a brief truce signed by the government and GAM leaders. According to military and police figures, more than 2,200 rebels have been killed since May last year.
Hoesainy said that over the past three months, civil emergency forces had arrested at least 205 suspected rebels, and that 356 rebels had surrendered to security authorities.
At least 358 firearms have been confiscated from GAM members since May 19, while soldiers lost four guns and police officers three firearms during that same period, he said.
Hoesainy said some 800 other suspected rebels were being tried in Aceh, and at least 132 of them had already been released due to a lack of evidence. Most of those convicted and sentenced to more than three years in prison will be transferred to jails in Java, he said.
According to data from the Aceh civil emergency administration, as many as 415 convicted rebels have been transferred to prisons in Java since last year. The transfers are an apparent attempt to weaken GAM, which has been fighting for independence since 1976, and to stop its members from communicating, analysts say.
Asked about the continued violence in Aceh despite its being under a state of civil emergency, Hoesainy said the military and police were attempting to provide security for locals.
Jakarta Post - September 1, 2004
Banda Aceh -- An armed gang fired on a passenger bus late on Monday in Keude Jurong subdistrict, some 450 kilometers east of Banda Aceh municipality, leaving five passengers injured, three seriously.
Nanggroe Aceh Darussalam Civil Emergency Administration spokesman Sr. Comr. Sayed Hoesainy said that the shooting occurred when the armed gang, whom he claimed was made up of members of the Free Aceh Movement (GAM), attempted to stop the bus, operated by the Pelangi company, which was heading to Banda Aceh from Lhokseumawe, North Aceh regency.
The driver of the bus attempted to drive through the roadblock, but the group of assailants sprayed the bus with bullets.
Jakarta Post - August 28, 2004
Abdul Khalik, Jakarta -- The police denied on Friday charges leveled by a joint monitory team that they embezzled billions of rupiah from material procurement and construction projects in Aceh while the province was under martial law.
"We found no markups in the projects. We have submitted the results of our investigation to the Coordinating Ministry for Political and Security Affairs and the KPK," National Police chief Gen. Da'i Bachtiar said in reply to questions on Friday.
He said it was now up to the Corruption Eradication Commission (KPK) to determine whether markups did occur in the projects.
The joint monitoring team, known by its Indonesian acronym TMP, is investigating how Rp 10 trillion (US$10 million) in government funds was spent during one year of martial law in Aceh. The martial law was downgraded in May to a state of civil emergency.
The funds were channeled through various parties, including the police (Rp 508.8 billion), the military (Rp 1.9 trillion) and the education and transportation agencies.
Da'i said his office carried out a preliminary investigation after being notified by the monitoring team last month of the alleged markups.
He said a team chaired by former finance minister Mar'ie Muhammad found differences between the prices of materials stated in the budget and the actual prices of the materials bought. However, after checking the quality of the materials the team decided the prices were appropriate.
Following the end of martial law in May, the province was led by a civil emergency administration under Governor Abdullah Puteh.
Since then the province has been dogged by corruption allegations involving both local government and legislative members. Puteh was named a suspect by the KPK last month over a suspected markup in the Rp 4 billion purchase of a helicopter, and is being investigated by the police over a Rp 30 billion generator purchase.
A number of councillors from the regency and provincial levels have also been named suspects by the police or local prosecutors over the misuse of state funds.
KPK chairman Taufiequrrachman Ruki said on Tuesday a total of Rp 2.7 trillion had been embezzled from 68 projects run by various government agencies. The monitoring team was formed by the martial law administrator.
KPK member Erry Riyana Harjapamekas said the KPK was now investigating the cases. "We are yet to determine the state losses in the projects of each individual agency. We have not yet found any indications of markups in police projects. They have submitted the results of their internal investigation and we are now studying the report," Erry told The Jakarta Post on Friday.
Security has improved in Aceh but little has been done to resettle refugees, try human rights abusers or improve the people's welfare. Analysts have blamed rampant corruption as the reason for these failures.
| West Papua |
Agence France Presse - September 3, 2004
Indonesian security forces carried out gross human rights abuses including murder, torture and arbitrary arrests during two incidents in remote eastern Papua province, a rights body says.
The Indonesian National Human Rights Commission said two separate incidents in June 2001 and April 2003 in Papua, where rebels have been waging a sporadic separatist campaign, had given troops pretext to launch a violent crackdown.
It found "preliminary evidence that murder, torture and arrests" had been carried out by military troops and police, the group's Abdul Hakim Garuda Nusantara told AFP.
The 2001 incident in the Papuan district of Wasior stemmed from the killings of five elite police paramilitary personnel by unknown attackers during a raid on a base camp of a private firm in the area. Police carrying out a manhunt after the attack killed at least one civilian they accused of involvement.
The 2003 case in Wamena district occurred after a raid on a military armoury by gunmen who made off with some 29 grenades and thousands of rounds of ammunition. The military, who had accused the rebel Free Papua Movement of carrying out the raid, deployed troops who allegedly had tortured and arrested civilians and carried out arson in the area.
Amnesty International in a report last year said troops had tortured villagers and torched homes during a hunt for separatist rebels. The London-based group said a human rights activist who had been briefly detained at a military headquarters in Wamena in April 2003 had reported seeing at least 20 detainees who had been tortured.
Nusantara said his commission would later Friday submit its findings from both cases to the attorney general's office for "further investigation and legal process" by state prosecutors.
The military has been accused of widespread abuses in Papua. Seven soldiers have been jailed for the killing of pro- independence leader Theys Eluay in November 2001.
Jakarta Post - September 1, 2004
Muninggar Sri Saraswati, Jakarta -- The National Commission on Human Rights (Komnas HAM) announced on Thursday that it had found initial evidence suggesting that security personnel had committed crimes against humanity in two separate incidents in Papua a few years ago.
The conclusion was based on an investigation conducted by the rights body between Dec. 17, 2003 and July 31 this year, Abdul Hakim Garuda Nusantara, the chairman of the rights body, announced at a news conference in Jakarta.
"Following the findings, the case files will be handed over to the Attorney General's Office on Friday for further investigation and prosecution," said Abdul Hakim, who was accompanied at the news conference by Enny Suprapto, a member of Komnas HAM.
Among the initial evidence was statements by hundreds of witnesses in Wasior and Wamena, where the alleged human rights abuses took place.
Enny said that the alleged crimes against humanity in the Wasior case occurred during a series of police raids on nine villages in Manokwari regency three years ago.
During the Wasior raids, four people died, six were tortured, one was raped and five other people disappeared. "Those responsible for the crimes are 14 members of the Papua Police. Four of their superiors from the Papua provincial police were also responsible for not preventing or halting the crimes by their subordinates or having them prosecuted," the commission said in its report.
The raids were conducted after alleged rebels shot dead five police officers from the Mobile Brigade (Brimob) who were guarding a logging site on June 13, 2001.
As for the Wamena incident, the commission found that nine people died during Army raids on Wamena villages. The raids were conducted after alleged Free Papua Movement (OPM) rebels broke into a TNI arsenal in Wamena regency on April 4, 2003 and made away with 29 rifles and 3,500 rounds of ammunition.
The Army raids also displaced thousands of residents from 25 villages in Wamena, resulting in the deaths of 42 people in refugee camps.
Thirty-eight people were tortured while 15 others were arbitrarily arrested during the raids.
"As many as 164 TNI members of Trikora Military Command overseeing Papua province and other additional forces were responsible for the crimes.
While their four superiors from Trikora Military Command, who knew of the crimes but did not prevent or stop them or not bring the perpetrators to justice, were also responsible," the commission said in its report.
| Land/rural issues |
Jakarta Post - September 1, 2004
Nana Rukmana, Majalengka -- The price of vegetable paid to growers has been declining in Majalengka regency, West Java province, over the past few months, sparking concern among thousands of farmers in the mountainous area.
The growers have demanded that the government address the problem, saying that otherwise the market garden industry in the area would soon collapse, leaving the growers virtually destitute.
Uso, 50, the head of Argamukti village in Majalengka regency, said on Tuesday that thousands of growers in his village were still planting vegetables even though the prices they were receiving had been on the decline for a number of months. "They have to do it anyway, because they have no other source of livelihood," said Uso.
Uso claimed that there were 2,265 growers in the village, who grew vegetables on a total of 250 hectares of land.
Argamukti, which is located on the western slopes of Ciremai Mountain some 1,200 meters above sea level, is the biggest market gardening center in Majalengka regency. The industry was first established in the area in 1962.
The vegetables are sold in many cities nationwide, including Jakarta, Cirebon, Indramayu, Bandung and Tasikmalaya. Traders, some from as far away as Lampung and Palembang provinces, travel to Majalengka regency to purchased the growers' produce. Unfortunately, prices have been consistently declining since January this year.
Dedeng, 43, a grower in Argamukti village, said that the most notable case was the decline of the price of potatoes. He said that potatoes at the end of 2003 fetched Rp 2,400 to Rp 2,600 per kilogram. But now, the price of potatoes had slumped to between Rp 1,600 and Rp 1,700 per kilogram. "The price of potatoes has dropped by 40 percent," said Dedeng.
Mang Odi, 42, another grower, said that the price of cauliflower reached up to Rp 1,200 per head last year, but now it stood at Rp 300 -- a drop of 70 percent. Carrots had also been affected by declining prices, dropping to Rp 400 from Rp 1,200 per kilogram last year, or there was 60 percent decrease.
Dedeng and Odi said they did not exactly know what was behind the falling prices. However, Dedeng said he suspected it was due to an oversupply in Majalengka regency. "Vegetables from outside Majalengka have been coming into the regency," Dedeng said. Uso demanded that the local government act to overcome the problem, as the growers relied for their livelihoods on the vegetable business. Some 90 percent of Argamukti households were involved in the market garden industry, said Uso.
Separately, Majalengka Regent Tutty Hayati Anwar said that her administration was seeking a solution to the problem.
| 'War on terrorism' |
Agence France Presse - September 3, 2004 Indonesian officials reacted with outrage after a man jailed for life for his key role in the deadly Bali bombing was treated to coffee in a Jakarta Starbucks by police, who say the outing was a "proper procedure".
Ali Imron, who has confessed his involvement in the October 2002 attacks which killed 202 people, was spotted relaxing in the cafe in an upmarket city centre shopping mall on Wednesday in the company of a senior police officer.
He was seen by reporters laughing and joking with Brigadier General Gorries Mere, an officer closely involved in investigating the Bali bombings which are blamed on the Al-Qaeda-linked Jemmah Islamiyah terror group.
Police defended the move as a legitimate part of investigations into the Bali attack. But the incident is likely to cause anger among relatives of victims already alarmed by a recent court ruling which could undermine some Bali convictions.
"As long as everything was done following the proper procedure and the security aspect was properly addressed, then we deem that there was nothing wrong with that," said national police spokesman Inspector General Paiman.
He told AFP that Mere had taken Imron out as part of his effort "to develop the investigation" but declined to elaborate.
Imron is the younger brother of two other key Bali bombers who are now on death row -- Amrozi and Ali Ghufron alias Mukhlas. He was among the few who expressed remorse for the bombing.
He has also cooperated extensively with police, providing details of the entire operation that led to the three separate blasts in Bali on October 12, 2002.
Paiman said Imron, who is serving his sentence at a Bali jail, had been officially "borrowed" by national police for investigative purposes. He added that although Imron was seen without handcuffs during his unorthodox public appearance, "there were enough security measures put in place."
Despite the assurances, legislators and lawyers expressed concern at the Starbucks excursion, saying it was an "insensitive" move which raised questions over police procedures.
"I was shocked by that news. I think it is highly inappropriate for the police to do what they did," said Yasril Ananta Baharuddin, a legislator from the ruling Golkar party and member of a parliamentary commission overseeing military and police matters.
Munarman, who heads the country's foremost rights group, the Indonesian Legal Aid foundation, said the incident was "extraordinarily strange". "Police can move a convict to the police headquarters for investigative purposes, but certainly not to a public place, especially without handcuffs," he said.
Johnson Panjaitan, deputy chairman of the Indonesian Association for Legal Aid and Human Rights, said that there was no law or regulation on what police can or cannot do when it borrows a convict or a suspect. "But, to be honest, what Mere did was at the least insensitive," Panjaitan said, expressing doubt over police motives for the outing.
Some lawyers have already said that Imron has received too many privileges in return for his cooperation with police. His lawyer Suyatno told AFP that the bomber was moved to Jakarta two months ago to process demands to let him be near his family.
Imron's coffee break comes amid fears that several convicted Bali bombers could have grounds for appeal following a court ruling last month which rejected the retroactive use of an anti-terror law to convict them.
Indonesia, which is currently preparing to try alleged Jemaah Islamiyah leader Abu Bakar Bashir, has said none of the key bombers will go free despite the ruling.
| Government & politics |
Jakarta Post - September 4, 2004
Jakarta -- The presidential election runoff will mark the end of the political career of the outgoing Vice President Hamzah Haz, who announced on Friday that he would retire from politics after September 20, the date of vote.
Speaking in front of dozens of people at a ceremony to mark the inauguration of the Al-Aqsha boarding school in Kelapa Gading, North Jakarta, Hamzah said he was planning to spend more time with his grandchildren after he quit politics.
"I have stopped my political activities, closed a chapter in my life as part of the government," the United Development Party (PPP) leader said.
It remains unclear whether he will also relinquish his post in the party. He won his second five-year term as the PPP chief last year. "I want to rest and take care of my grandchildren after more than 30 years of involvement in the country's government," Hamzah said.
Hamzah is among the country's senior politicians, and spent over two decades in the regional legislature and House of Representatives until the fall of former president Soeharto in 1998. Hamzah was appointed the investment minister by Soeharto's predecessor B.J. Habibie, who was in office until October 1999.
In the next Cabinet of then president Abdurrahman "Gus Dur" Wahid, Hamzah served as the coordinating minister for people's welfare for several months, before Gus Dur dismissed him.
Hamzah was elected vice president in 2001 by the People's Consultative Assembly, edging out the Golkar Party's Akbar Tandjung. The Assembly had earlier ousted Gus Dur and appointed Megawati Soekarnoputri as the president.
After three years of cooperation, however, Megawati decided on Nahdlatul Ulama chairman Hasyim Muzadi over Hamzah as her running mate in this year's presidential election.
In an apparent effort to try his own luck at the presidency, Hamzah contested the presidential race in July along with his running mate, the former transportation minister Agum Gumelar. The Hamzah-Agum ticket, supported by PPP which finished fourth in the April legislative election, was eliminated in the presidential election after finishing dead last in the first round.
Hamzah and his party have now vowed to support Megawati and Hasyim, who are running against former security minister Susilo Bambang Yudhoyono and his running mate Jusuf Kalla. PPP also joined the Golkar-led Nationhood Coalition to help Megawati win the presidency, despite resistance from some of its members.
"My days as vice president are numbered, The country will have a new vice president after September 20," Hamzah explained.
| 2004 elections |
Jakarta Post - August 31, 2004
Jun Honna, the author of the book Military Politics and Democratization in Indonesia (2003), and an associate professor at Ritsumeiken University in Japan, has been in Indonesia for about one year to observe the elections here. The political scientist shared his observations with The Jakarta Post's Kornelius Purba.
Question: There is an apparent rivalry between the Indonesian Police (Polri) and the Indonesian Military (TNI) to have an influence on the presidential election. Why has this occurred?
Answer: I think the support by the police for incumbent President Megawati Soekarnoputri is very institutional. Police tend to believe that if Gen. (ret) Susilo Bambang Yudhoyono (SBY) becomes president, the police would be put under the Ministry of Home Affairs, while now they are under direct presidential control. The police fear that if Megawati fails, they will face great difficulty. And also the Megawati government has provided them with a lot of money. They bought motorcycles, cars and other things.
Most police officers generally think that their condition has been much better during Megawati's administration. That is why the police tend to support her. They fear the military will come back (to power) again if Susilo wins. They will lose their power. Of course, officially they do not say that, they say they are neutral.
How about the TNI?
I don't think there is an institutional instruction from the Army chief or from the TNI commander to support SBY. There are a lot of TNI families that tend to believe that someone from the TNI should be the next president.
That's why in many military housing complexes, there are many ballot stations which support SBY. However, if you see in other areas, Megawati also received a lot of support from the TNI families. So, I don't think there is an instruction from the top.
Why?
Whoever becomes president, he or she needs to rely on the TNI in conducting military policy and in managing national stability. The TNI is very confident that whomever will become the next president, that person will need to rely on the TNI, so they don't need to risk siding with one or the other. They have a very strong bargaining position.
In terms of government, what are the differences between Susilo and Megawati?
If Susilo becomes president there is hope that his leadership can provide a lot of results, because he promised to the public that if elected he would bring about a lot of changes. So there are a lot of expectations on him. He has a very good vision and he understands what is demanded by the international community. I think his vision is very good. However, there is some question as to whether he will be able to surround himself with people equally as good as him, when he is elected president
If you look at the people around his "success team" there are some questions about them, for instance, retired military officers. I don't believe they are reformists. Another question is, even if SBY himself has a good vision, will he be able to resist those within his own circle.
Although he has strong leadership skills and seems intent on reforms, he'll have to deal with resistance from within his own circle of advisers.
Another concern is that because he is only supported by relatively small parties, like the Prosperous Justice Party (PKS), the Crescent Star PBB and his own Democratic Party. Many people are concerned that he will face resistance in the House of Representatives, which looks to be controlled by the new Nationhood Coalition (dominated by Golkar, PDI-P and PPP). Whether his government will be better or not, totally depends on his leadership.
Do you think Megawati can change?
If she wins the election, of course there is a possibility that she will carry out more reforms. But she is also surrounded by political party elites, and her next government would also be comprised after much horse-trading. I don't think that situation makes her able to have strong leadership. So without strong leadership, we can not expect drastic reforms, which are urgently required for economic recovery
From a foreign perspective, what are the differences between Megawati and Susilo?
Basically there is no difference for foreigners, including for foreign investors. The international community always demands that Indonesia establish a good investment climate, the eradication of corruption and judicial reforms. So the establishment of clean governance is a crucial issue for foreign countries. So, whoever becomes president, their demands would be the same. However, I am not quite sure, but I see the tendency that they (majority of foreigners) prefer SBY because he can communicate with the international community.
How about the Islam factor in the elections?
Islam, as a social value is penetrating Indonesia, and that tendency will continue. But Islam as a political tool in the formal institutions like the House or the president, I don't think the influence is growing stronger. In terms of formal politics, there will be no big change in the future.
But the question is whether a Islam outside of this formal structure is growing, like the radicalization of some Islamic groups. As long as the economic condition of Indonesia fails to recover, more poor people will be motivated by radical values. The core of the problem is not radicalism, not the religion itself, but more the economic condition of this country.
What is your predicting about the direction of Indonesian democracy in the next five years?
I think the presidential election, this time, is a good experiment to consolidate democracy. Political leadership is based on the aspirations of people, and that will be a breakthrough to consolidate the democratic processes in this country. We will also witness the direct elections of regents, mayors and governors. This also promotes democratic values and democratic political orientation in the regions. That is one of the hopes.
But on the other hand, if you look at the actual situation in the villages, there is some question about the direct elections, because there is a concern that the candidates will try to mobilize voters based on religious and ethnic lines.
Jakarta Post - September 1, 2004
Jakarta (Agencies) -- A number of executives from the Golkar Party defiantly set up a faction to support the candidacy of the Democratic Party's presidential candidate Susilo Bambang Yudhoyono and his running mate Jusuf Kalla.
The establishment of the Golkar Party Forum for Reform is in direct opposition to the party leadership's forthright order for all members to vote for incumbent President Megawati Soekarnoputri and her running mate Hasyim Muzadi, the Antara news agency reported.
Kalla, a Golkar executive himself, attended the declaration of the forum at the Hilton Hotel here, along with some of the top Golkar members, including Fahmi Idris, Marzuki Darusman, Burhanudin Napitupulu and Yoris Raweyae.
According to Marzuki, some 150 Golkar party members, including the party's top executives, signed the "Open Forum for Renewal" at the meeting.
"Through this forum we call on all people, especially the Golkar family wherever they are, to make use of their political rights and the voice of their conscience in the second round of the presidential elections," a statement by the group said.
Marzuki said the forum was established as an answer to growing unrest among party members who felt the decision to back Megawati did not reflect the aspirations at the grassroots level, according to the Agence France Presse.
Last week, four parties -- PDIP, the United Development Party (PPP), Golkar and the Prosperous Peace Party (PDS) -- formed the Nationhood Coalition to support Megawati in next month's presidential election.
The Reform Star Party (PBR), a break-away faction from the PPP, and the Marhaenisme Indonesian National Party (PNI Marhaenisme) have also expressed support for the Nationhood Coalition.
Jakarta Post - September 1, 2004
Tiarma Siboro, Jakarta -- An internal rift within the Golkar Party has led several party leaders to split ranks from the party's pro-President Megawati Soekarnoputri Nationhood Coalition to instead back presidential candidate Susilo Bambang Yudhoyono.
On Tuesday, several of the party's defiant executives, including Marzuki Darusman, Fahmi Idris and Burhanuddin Napitupulu, declared the establishment of the Golkar Reform Forum, sending a clear message they would support Susilo Bambang Yudhoyono and his running mate Jusuf Kalla, who is a Golkar member.
The Nationhood Coalition is a grouping aimed to help Megawati Soekarnoputri and running mate Hasyim Muzadi win the September 20 election runoff. Golkar chairman Akbar Tandjung leads the coalition, which brings together four major parties that would hold a clear majority in the next House of Representatives, "Now that we [Golkar members] have established the forum, I hope all the party members feel free to discuss anything that happens inside the party, including policies that are considered to depart from the party's aspirations," Fahmi said, referring to Akbar's decision to involve Golkar in the coalition.
Akbar has said the policy bound all Golkar members down to the grassroots to support Megawati. Golkar secretary-general Budi Harsono said the party had reprimanded eight executives who opposed the party's policy of supporting the Megawati-Hasyim ticket.
Tuesday's declaration came 24 hours after the Golkar dissidents, along with lawmakers from Megawati's Indonesian Democratic Party of Struggle (PDI-P), the National Awakening Party (PAN) and the United Development Party, met with Kalla to call for reform and a clean election runoff.
Golkar, which garnered the most votes in the April 5 legislative election, nominated former Indonesian Military chief Gen. (ret) Wiranto in the first-round of the presidential election on July 5, but he was eliminated after coming in third behind Susilo and Megawati.
Meanwhile, the Prosperous Justice Party (PKS) that recently tendered its support to the Susilo-Kalla pairing, has also faced opposition from its members. On Tuesday, hundreds of PKS supporters rallied in front of the party's headquarters in South Jakarta, urging the party executives to pull back their support for Susilo, who they said opportunistically manipulated religious issues.
Separately, the National Awakening Party (PKB) began its two-day national meeting on Tuesday to decide its political stance ahead of the election runoff.
The meeting was attended by 40 members of the party's central board, including its chief patron Abdurrahman "Gus Dur" Wahid, and 32 representatives of its provincial boards.
PKB leader Alwi Shihab said most of the party's representatives had tendered support for the Susilo-Kalla pairing, but "some of them have also asked the party to stay neutral."
Jakarta Post - September 1, 2004
Muninggar Sri Saraswati, Jakarta -- In an apparent move to prove their will to fight corruption, presidential candidate Susilo Bambang Yudhoyono and vice presidential candidate Hasyim Muzadi visited the Corruption Eradication Commission (KPK) on Tuesday.
Susilo, who arrived at the office at about 10 a.m., said he was there to verify his wealth report, which he had submitted before the first round of the election.
"The law does not require officials to publicize their wealth, but it is important to prevent possible corruption. My first priority -- if I am elected -- would be to combat corruption, and that is why I came here," Susilo said after verifying his wealth report.
Corruption eradication has been a policy supported by most parties and candidates in this year's elections.
Susilo said, if he were elected president, he would expect officials to report their wealth once a year. Currently, an official is required to report their wealth only on taking up and leaving a post.
Quoting the results of the commission's wealth report verification, Susilo said his wealth in 2004 reached some Rp 4.5 billion (US$500,000).
On becoming a member of the Cabinet in 1999, he reported to the now-defunct Civil Servants Wealth Report Audit Commission (KPKPN) that his wealth amounted to Rp 3.4 billion.
"I can account for the increase. It came from legitimate sources," said Susilo, dismissing rumors that he or the Democratic Party, of which he is the leader, received some US$50 million from the United States for his campaign.
KPK deputy chairman Sjahruddin Rasul said presidential candidates could verify their wealth at the commission or at home attended by KPK staff.
Susilo and running mate Jusuf Kalla will face the incumbent, President Megawati Soekarnoputri and her running mate Hasyim Muzadi in the runoff.
All candidates are required to report their wealth to the commission. It is not clear when Megawati and Kalla will verify their wealth reports. Sjahruddin said Susilo's wealth report was free of irregularities.
In the afternoon, Hasyim arrived at the commission's office, which is located just behind the presidential palace. "I came here because I was invited by the commission. I also want to express support for the commission, so that they can carry out their duties effectively and comprehensively," he said after a closed-door meeting.
Hasyim said he would remain committed to the anticorruption drive in the country. He said the commission needed support from all levels of society to wipe out corruption.
During the meeting, Hasyim declared the commission had verified his total wealth stood at Rp 7.6 billion. Earlier reports said he was worth some Rp 7.2 billion.
"It [the extra money] was from the sale of my house in Bintaro. I spent it on another house in Malang. According to the commission, the price is higher than I previously thought. Don't think that being a candidate generates a lot of income," he said.
KPK deputy chairman Erry Riyana Hardjapamekas said there was no problem with Hasyim's wealth report, other than the status of land that he had donated to religious boarding schools, but which was still registered under his name.
Erry said the commission was yet to finish the verification of the wealth reports of Megawati and Kalla. In her wealth report to the KPKPN in 2001, Megawati reported that her wealth totaled some Rp 59.8 billion, while Kalla, in his report to the KPK this year, declared wealth of some Rp 122.5 billion.
The commission is expected to finalize the results of the candidates' wealth reports this week.
Jakarta Post - September 1, 2004
M. Taufiqurrahman, Jakarta -- House of Representatives legislators slammed the General Elections Commission (KPU) on Tuesday for alleged irregularities in its budget spending for the legislative and presidential polls.
While falling short of saying KPU members were involved in corruption, lawmakers told a hearing of the House Commission II on domestic affairs the elections organizer had failed to draw up a workable plan and comply with the principles of prudence in budget spending.
"The House and the KPU agreed in November last year that the legislative and presidential elections would cost no more than Rp 3 trillion [US$333 million] of taxpayers' money. But after organizing the two elections and unwisely spending the budget, the KPU then asks for more money," House member Andi Matalatta of the Golkar faction said.
The KPU is asking for an additional Rp 418 billion in funding for the presidential election runoff, and the request is being discussed by the House's budgetary committee.
Andi said the KPU's excessive spending sprang was because projects and tenders were not handled by professionals.
Legislator Patrialis Akbar of the National Mandate Party faction alleged the KPU had given preference to certain companies in its tendering process, which had resulted in the increased spending.
"I have information that one printing firm got a contract after it proposed that ballot papers would cost the KPU only Rp 141,000 per roll, while another company set the price at Rp 143,000. How can this be? The KPU should have set the same standard for all printing firms," Patrialis said.
He also delved into the high cost the KPU had to pay for its defense lawyers. "For 2003, payment for the lawyers stood at Rp 750 million. Now, it is up to Rp 1.6 billion. Is this not too much for paying lawyers whose services are used only to intimidate those who say bad things about the KPU," he said.
On Monday, the KPU filed a complaint with the Jakarta Police against a coalition of non-governmental organizations, which earlier reported the commission to the Corruption Eradication Corruption (KPK) for allegedly marking up the prices of election materials, which involved some Rp 375 billion in funds.
Responding to the criticism, KPU chairman Nazaruddin Syamsuddin said the budget expansion was unintended and was the result of hasty preparations when organizing the elections. "We had to deal with a myriad of difficulties as we only had a short time to prepare all the materials needed for the polls," he said.
Nazaruddin said the increasing number of electorates and the expansion of electoral districts had contributed to the election budget rise.
Later in the day, KPU member Hamid Awaluddin went to the KPK office to provide it with data on the election commission's budget spending in response to the corruption allegations.
Speaking after meeting with KPK member Erry Riyana Hardjapamekas, Hamid said the antigraft commission would not investigate the corruption case before the Supreme Audit Agency (BPK) wrapped up its audit on the KPU financial report.
Jakarta Post - September 1, 2004
Ridwan Max Sijabat, Jakarta -- Can President Megawati Soekarnoputri, and the country's governors, regents and legislators really claim to represent the people? This question is being raised increasingly amid general public loss of confidence in both the legislative and executive organs of government at both the central and local levels.
With the introduction of direct presidential and legislative elections, an elected president will wield more power in the sense that he or she will not be able to be dismissed as easily as former president Abdurrahman "Gus Dur" Wahid in July 2001. Legislators also enjoy more legitimacy now as they are elected directly by their constituents.
The question of who really should hold the people's mandate has colored the deliberations in the House of Representatives on amendments to Law No. 22/1999 on local government and Law No. 25/1999 on fiscal balance between the central and local governments.
Lawmakers insist that the political parties, through their factions in the country's legislatures, should keep their key role in the selection of local chief executives. The government is opposed to this, saying independent candidates deserve an equal chance to contest gubernatorial, regental and mayoral elections.
Political analysts Ikrar Nusa Bhakti and Syamsuddin Haris of the Indonesian Institute of Sciences (LIPI) branded the House's stance as mere posturing.
"What is of greatest importance is that independent candidates need to win the support of a certain percentage of eligible voters," Ikrar told a discussion here on Monday. The Indonesian Democratic Party of Struggle (PDI Perjuangan) and the Golkar Party factions, which together hold a clear majority in the 500- strong House, have pushed for the deliberation of the two House- sponsored bills, despite calls from the members of the recently elected Regional Representatives Council (DPD) to delay the debate until they take office on October 1.
The Law on the composition of the People's Consultative Assembly, House of Representatives, and provincial, regental and municipal legislatures recommends direct elections for local chief executives following the introduction of direct presidential elections.
The President has issued a decree postponing all elections for local government chief executives that should have taken place this year until after the two bills have been endorsed.
Golkar legislator Ferry Mursyidan Baldan defended his faction's stance, saying that allowing independent candidates to run for the top posts in local governments would only further increase vote buying.
"Non-partisan candidates who might want to contest these elections would need to have a lot of money, and this could lead to the possibility of their using their money to buy votes," he said.
Vote buying was frequently reported during recent elections of local government bosses, although only a few cases have been proven in court.
PDI-P lawmaker Firman Jaya Daely agreed. "Activists from non- governmental and other civil society organizations are allowed to nominate candidates for local government chief executive elections, but the nominations should be made via the political parties," he said.
Ikrar said the growing calls for the local elections commissions (KPUD) to allow independent candidates to run were triggered by public distrust in the country's local administrations and legislatures.
"The demonstrations that have been held demanding that newly sworn-in councillors sign political contracts indicate that the public no longer trust their local legislatures in the wake of many corruption cases involving councillors," he said. He suggested that independent candidates be allowed to run in the next presidential election to counter the parties' monopoly over power.
Syamsuddin questioned the ongoing revision of the local autonomy laws, saying they had merely focused on the direct election of local chief executives, even though local autonomy was much broader than this. "It would be better for the House to propose separate legislation on the election of local government chief executives," he said.
Straits Times - September 1, 2004
Jakarta -- A rift in Indonesia's powerful Golkar party deepened yesterday, threatening to pull the rug from under President Megawati Sukarnoputri's carefully assembled coalition just weeks before she seeks a second term.
In the latest sign that trouble is brewing in the Megawati camp, a group of Golkar's top executives broke ranks to voice opposition to the party's decision to back the incumbent in the September 20 presidential race.
The move comes a day after 52 legislators from rival parties, including Ms Megawati's own Indonesian Democratic Party -- Struggle, announced they would be backing her rival Susilo Bambang Yudhoyono.
Golkar legal chief Marzuki Darusman said top officials had created a forum to question the decision by the party, which won the legislative polls in April, to announce block support for Ms Megawati and her running mate.
According to him, about 150 Golkar party members including executives signed up to the 'Open Forum for Renewal' at a meeting also attended by Mr Yusuf Kalla, a Golkar businessman who is Mr Bambang's running mate.
"Through this forum we call on people, especially the Golkar family wherever they are, to make use of their political rights and the voice of their conscience in the second round of the presidential elections," a statement by the group said.
Mr Darusman said the forum was established as an answer to growing unrest among party members who felt the decision to back Ms Megawati did not reflect aspirations at grassroots level.
Another group, the Forum for Golkar Party Cadres and Voters, issued a statement on August 25 also rejecting the party's decision to back Ms Megawati.
The Indonesian leader, meanwhile has refused her opponent's offer for a televised debate on issues confronting the world's fourth- largest country, an official said yesterday.
Instead, Ms Megawati and Mr Bambang will appear beside each other and answer scripted questions in three television appearances. But they will not be allowed to quiz each other, said election commission spokesman Sinta Satriana.
Straits Times - September 1, 2004
Jakarta -- Indonesian presidential candidate Susilo Bambang Yudhoyono yesterday told a pre-poll corruption check that he was worth 4.57 billion rupiah (S$848,000), a sum likely to be dwarfed by rival Megawati Sukarnoputri.
The former general faces Ms Megawati in the September 20 elections. The sum is unlikely to match the wealth of Ms Megawati, who is married to one of Indonesia's richest businessmen. At her last declaration in 2001, her worth stood at 59.81 billion rupiah.
Mr Bambang has also rejected rumours that he and his party have received foreign funding.
Associated Press - August 31, 2004
Jakarta -- Media-shy President Megawati Sukarnoputri, trailing in opinion polls weeks before the election, has refused her opponent's offer for a televised debate on issues confronting the world's fourth-largest country, an official said on Tuesday.
Instead, Ms Megawati and retired general Susilo Bambang Yudhoyono will appear beside each other and answer scripted questions in three television appearances. But they won't be allowed to quiz each other, said election commission spokesman Sinta Satriana.
Since July, the normally reclusive Ms Megawati has been seen more in public and has granted several interviews. But observers say she appears uncomfortable in the spotlight, and critics accuse her of lacking the intellectual heft to confront an opponent in a public debate.
Mr Bambang, who as security minister in Ms Megawati's government regularly sparred with reporters, has urged the incumbent to join a televised debate, Ms Satriana said.
The President is trailing in two recent surveys ahead of the September 20 run-off. She came second in first- round voting in July behind Mr Bambang, who failed to win an overall majority.
Both candidates are secular nationalists, and there is little difference in their stated policies to address the problems facing Indonesia, the world's most populous Muslim nation.
Straits Times - August 31, 2004
Jakarta -- Ex-president Abdurrahman Wahid has thrown his weight behind President Megawati Sukarnoputri's rival in next month's election but said his party had yet to decide which candidate it would back.
uMr Abdurrahman -- also known as Gus Dur -- who is from the National Awakening Party (PKB) and is an influential leader in Indonesia's largest Islamic group, the Nahdlatul Ulama (NU), announced his support for Mr Susilo Bambang Yudhoyono after meeting him on Saturday, the Kompas daily reported.
Asked whether he backed the ex-general's bid for the presidency, he said: 'Personally, yes.' He said he had asked his daughter Yenny Zanuba Wahid to take part in Mr Bambang's campaign.
But he added that his support was given in his personal capacity and not on behalf of the PKB. The party would decide on whom to support at a national congress this week.
The ex-president, barred from running this time on health grounds, said he respected Mr Bambang whose campaign in the first round of the July 5 presidential vote had been the 'most polite' among the candidates.
Ms Megawati and Mr Abdurrahman have had a strained relationship after he accused her of not defending him when the National Assembly ousted him from the presidency in 2001 and appointed her in his place.
Incumbent President Megawati and Mr Bambang will contest the September 20 run-off.
Mr Bambang last week also won the support of a popular Islamic party, the Prosperous Justice Party. Two former presidential candidates meanwhile announced that they would stay neutral in the coming polls.
Former general Wiranto and Dr Amien Rais, who finished third and fourth respectively in the first round of the presidential election on July 5, also pledged to respect and support whoever was elected president.
"We give our party leaders and sympathisers the freedom to vote for either candidate in the upcoming election," said Dr Amien.
On Ms Megawati's campaign front, leaders of the so-called national coalition of four major parties held their first plenary meeting on Friday to consolidate their rank and file and draw up a strategy to help President Megawati win in the run-off.
They decided to intensify efforts to mobilise support among constituents of the four parties and build the image of Ms Megawati and her running mate Hasyim Muzadi.
"We will counter the public perception that the pair doesn't represent reform nor commit to corruption eradication," said Golkar Party and coalition leader Akbar Tandjung.
All chapters and branches of the four parties would be involved in the campaign. "All members of the coalition will share the burden of financing activities," he told reporters.
| Corruption/collusion/nepotism |
Jakarta Post - September 4, 2004
Jakarta -- State officials, particularly those in the regions, should be wary of people posing as Corruption Eradication Commission (KPK) officials demanding money, the KPK warned on Friday.
"The number of blackmail complaints from governors is increasing. These people pretend to be KPK members or employees and ask local officials, including those who are involved in legal cases, for money or other valuable goods," KPK deputy chairman Erry Riyana Hardjapamekas said.
Governors who have reported cases of blackmail included those from South Kalimantan, East Kalimantan, Central, South and North Sulawesi. They all refused to pay any money.
The KPK, which is investigating a graft case involving Aceh Governor Abdullah Puteh, has reported the cases to police.
"KPK employees are not allowed to contact anyone in a private or personal capacity during their work. We all are being monitored through the use of a technological device to ensure transparency," Erry said.
Jakarta Post - September 4, 2004
Kurniawan Hari, Jakarta -- With the government's term nearing its end, the National Awakening Party (PKB) is giving the thumbs-down to law enforcers' efforts to eradicate corruption during the past five years.
House of Representatives faction deputy chairman Ali As'ad told a discussion on Friday law enforcers were not immune from corruption and this had obstructed the antigraft drive.
"The country has sufficient laws to bring the allegedly corrupt to justice -- I think the problem lies with the law enforcers as many are not above corruption themselves," Ali said.
The discussion was held to evaluate the achievements of the current House that ends its term on Sept. 30.
Ali said the country's failure to eradicate corruption could be measured by the small number of graft convicts who were jailed. "Corruption is not only an illness, it has become a culture," he said.
Danang Widoyoko from the Indonesian Corruption Watch (ICW) said there was no progress in the country's efforts against corruption. He said corruption cases involving the Bank Indonesia Liquidity Assistance (BLBI) program were an example of a systemic failure to bring those guilty of stealing public money to justice.
The BLBI refers to the disbursement of Rp 144.5 trillion (US$17.7 billion) of Bank Indonesia (BI) funds to 48 non-performing banks in 1998. In January 1999, BI disbursed another Rp 14.44 trillion.
Owners of the banks had to surrender their assets to the Indonesia Bank Restructuring Agency (IBRA), but when the agency was dissolved in February, only 28 percent of the state funds had been recovered.
Danang said only 16 of the 58 BLBI cases had been brought to court. Some 40 cases were still being investigated and two cases had been closed. Worse, 10 suspects and convicted criminals had fled the country, he said.
"The suspects would not have fled abroad had the Attorney General's Office taken preventive measures during the investigation process," Danang said. He suspected the state was also involved in the escapes.
Businessmen Syamsul Nursalim and Samadikun Hartono escaped justice after they were allowed by prosecutors to seek medical treatment abroad. Prosecutors eventually dropped Syamsul's case after the government issued a release and discharge for him. A convict, David Nusa Widjaja, is still at large and is believed to have fled the country to avoid an eight-year prison sentence. Another suspect, Agus Anwar, changed nationalities while his corruption case was being investigated, making him immune from extradition.
Jakarta Post - August 31, 2004
Jakarta -- The Banda Aceh District Court ordered the release of 10 councillors being detained on graft charges, prosecutors and their lawyers said on Monday, while hundreds of protesters staged protests in several regions to demand legal action against corrupt lawmakers.
The court, however, ordered prosecutors to put the 10 local councillors under city arrest for their alleged role in embezzling Rp 5.6 billion (US$622,222) from the city budget.
Judges, who issued the order on Aug. 28, 2004, argued that the councillors had tasks to attend to, such as attending a crucial plenary meeting.
The court order drew ire from prosecutors and local people, who questioned the judges' commitment to bringing the charged councillors to justice.
Banda Aceh Prosecutor's Office head Pribadi Soewandi said on Monday he would file a complaint with the district court against the councillors' release.
Coordinator of local non-governmental organization (NGO) Aceh Court Monitoring Foundation Rufriadi deplored the decision, saying that the councillors could attend the plenary meeting without having their status changed. The 10 defendants had been detained since February 9.
In the Central Java city of Surakarta, police questioned five members of the local legislative council on Monday, including its speaker and his deputy, for their alleged involvement in a Rp 4.5 billion graft case.
The police embarked on the probe after a complaint was filed by several NGOs grouped in the Forum for Surakarta City Budget Concern.
The NGOs said that the councillors blatantly violated Government Regulation No. 110/2000, which stipulates that the budget allocated for the council must not exceed the benchmark of 10 percent of the city revenue.
"The city revenue averages between Rp 53 billion and Rp 55 billion, therefore the funds allotted for the council's operation should stand at around Rp 5.3 billion per year," said Alif Basuki, who spoke on behalf of the NGOs.
He alleged that the council members had embezzled around Rp 4.5 billion from the city coffers.
One of the charged council members, Bambang Mudiarto, denied the corruption allegations, saying the government regulation had been annulled by the Supreme Court through a judicial review. He did not elaborate.
In Bandung, West Java, some 500 students and workers demonstrated during the swearing-in ceremony of new 100 council members. The protesters demanded that councillors from the earlier term be brought to court for misusing Rp 25 billion from the 2002 city budget, with the alleged complicity of West Java Governor Danny Setiawan. They demanded that prosecutors be proactive in pursuing legal action against local councillors after three of them were named suspects.
Meanwhile in Samarinda, of the 45 new East Kalimantan council members, only 11 agreed to sign a pact stating that they would not be involved in corruption during their tenure. The 11 councillors agreed to the move only after a tense argument with protesters on Monday, which marred the swearing-in ceremony of the new 45 council members for the 2004-2005 period.
In Batam, dozens of protesters staged a similar protest, demanding that local councillors from the 1999-2004 term be brought to court on corruption charges. They insisted that the local elections commission postpone the councillors' inauguration, pending the result of a probe into corruption allegations.
Jakarta Post - September 1, 2004
Abdul Khalik, Jakarta -- Frustrated by their inability to complete case files on the main suspects in the scam involving state bank BNI 46 and the resulting low recovery of state losses, police have decided to allow the Corruption Eradication Commission (KPK) to take over the probe. National Police Chief Gen. Da'i Bachtiar said on Tuesday KPK intervention was needed after the Jakarta Prosecutor's Office returned the case file of the main suspect Adrian Waworuntu for the sixth time. Police submitted on Monday the case file for the seventh time.
The investigators, Da'i said, have been trying hard to collect evidence to complete the dossiers of all main suspects, including Adrian, but the prosecutors found them incomplete.
"We have been stretched to the limit in completing the case files. We have nothing more to convince the prosecutors, and in fact, we have offered the case to the KPK to handle," said Da'i.
According to the law, the KPK can take over cases from the police or state prosecutors if the two institutions halt their investigation into a case or hand over the case voluntarily to the KPK.
The KPK, an antigraft super body, has the authority to tap or tape-record conversations, order banks to freeze bank accounts belonging to suspects, ask bank authorities to provide data on the financial condition of suspects, order a travel ban and ask help from Interpol or other overseas law enforcement institutions to search for and arrest graft suspects and seize their assets overseas.
Da'i said that the KPK had been involved in the investigation into the bank scandal for months and therefore was quite familiar with the difficulties the police were facing.
The case files of several other suspects, including the Baso brothers, Jeffry and Judi, are being completed by the police. The main suspect in the case, Maria Pauline Lumowa, the owner of Gramarindo Group, has fled the country. She has denied allegations that she had swindled the money.
Of 15 suspects in the case, Koesadiyuwono and Edi Santoso from BNI Kebayoran Baru branch office have been convicted and sentenced to 15 years in prison and life respectively. Other suspects are being tried in the South Jakarta District Court.
Aside from bringing main suspects to justice, the police have come under fire for failing to recover assets of the state-owned bank.
BNI management and lawyers said the police managed only to recover Rp 1 billion (US$108,000) out of Rp 1.3 trillion in state losses resulting from the scam. The police claimed, however, to have confiscated the bank's assets worth over Rp 200 billion.
KPK member Erry Riyana Harjapamekas said that the commission had not been notified about the police's offer. "We have not received any official request from the police. However, we are ready to handle the case," said Erry.
While hailing the plan, lawyer Frans H. Winarta asserted that both the police and the prosecutors could be blamed for the protracted process in the case. "The police can be considered incapable of gathering solid evidence, while the prosecutors appear to lack the resolve to handle the case," he said. The police, he said, were known to lack capable personnel to investigate such a delicate case and were prone to external influence.
The scam, one of the largest banking scandals, centered around several businesspeople from Gramarindo and Petindo Groups who received money from the second largest bank in the country between 2002 and 2003 by using fake letters of credit from correspondent banks in Congo and Kenya to withdraw money from BNI's Kebayoran Baru branch.
Straits Times - August 31, 2004
Devi Asmarani, Jakarta -- Legislators with hands in the till beware: The government is on your trail and lawmakers in the provinces are a prime target as it cracks down on graft and organised crime. For the past two months, prosecutors have been fanning out across the archipelago aggressively indicting and detaining councillors at provincial and lower administration levels.
In their cross-hairs are those who have been misusing local government budgets. In several provinces, entire legislatures have been dragged into police custody.
In April, Attorney- General M.A. Rachman ordered a clean-up as state losses resulting from corruption in local government ran into trillions of rupiah.
State prosecutors are handling more than 300 graft cases involving local councillors in 30 provinces. Many are accused of allocating state funds to fictitious projects; others are alleged to have accepted bribes during local elections.
The most spectacular case involves 43 of the 55 members of the West Sumatra provincial legislature on charges of embezzling 6.4 billion rupiah (S$1.2 million) in the 2002 provincial budget. They were sentenced to more than two years in jail in May, but are free pending appeal. In Riau, all 45 members of the Kampar regency's council have been named suspects in a 1.13 billion rupiah corruption case.
But eyebrows have been raised over the handling of corruption cases at a time when incumbent President Megawati Sukarnoputri is due for a September 20 election face-off with front runner Susilo Bambang Yudhoyono.
After a lacklustre performance fighting graft during the past three years, many suspect the government's latest measures are politically driven. The Straits Times understands that Ms Megawati's controversial Attorney- General -- the focus of criticism after some corruption allegations -- was considered for replacement ahead of the polls.
His ongoing accelerated tackling of graft might have saved his political career for now, but with few high-ranking government officials or office holders implicated in the corruption cases, the effort is seen as 'half-hearted' by many.
Said Mr Farid Faqih, who heads Government Watch, a corruption watchdog: "Cases that are being prosecuted are mostly in the provinces that are far from the centre of power." Until the big fish are caught, jaded Indonesians will give little credibility to efforts to fight corruption.
| Media/press freedom |
Jakarta Post - September 4, 2004
Urip Hudiono, Jakarta -- Three days before the Central Jakarta District Court hands down its verdict on a case against Tempo chief editor Bambang Harymurti, who is on trial for defamation against businessman Tomy Winata, activists are scrambling to their feet in an attempt to rescue the country's press freedom.
On Friday, activists grouped under the Committee Against Press Criminalization (KAKaP) held a rally at the court in support of Bambang.
The group of 15 representatives of various non-governmental organizations (NGO), student groups and worker unions -- among them Urban Poor Consortium (UPC) chairwoman Wardah Hafidz and noted NGO figure Wiladi Budiarta -- asked the court to drop all criminal charges against Bambang.
KAKaP coordinator Akuat Supriyanto said that if Bambang was convicted as charged, the press would be sent back to the repressive era under Sukarno, who had imprisoned some prominent journalists during his "guided democracy" policy in the 1950s, and Soeharto, who sent even more journalists to jail during his 32-year authoritarian rule.
"Such an unfavorable verdict would surely be the end of democracy, as the public would lose any source of information that is critical and acts as a social control," he said. "Journalists would also be afraid to provide information to the public."
Pressure from the activists has been mounting since Bambang, along with Tempo journalists Ahmad Taufik and Teuku Iskandar Ali, was charged with defaming Tomy and provoking public unrest through an article titled "Is Tomy in Tenabang?". The article was run by the weekly in its March 3 to March 9, 2003, edition. The prosecution has demanded that the defendants be sentenced to two years in prison each, with an additional request that Bambang be immediately arrested following the verdict.
Earlier on Wednesday, 12 prominent activists -- including law expert Nono Anwar Makarim, political observer Indra J. Piliang, and socio-religious expert Ulil Abshar-Abdhalla -- had also signed a petition declaring that the prosecution of the Tempo journalists was a threat to press freedom as one of the country's pillars of democracy.
Akuat said the criminal prosecution of journalists should not happen in a democratic country. "Indonesia, which claims to be more democratic by directly electing its president, should follow suit by following the global trend of not prosecuting journalists under criminal laws."
At least 14 defamation cases have reached the courts in the past year, every one of them heard using the Criminal Code, sidelining the 1999 Press Law. Two of them involved the editors of Rakyat Merdeka daily, who lost their cases to President Megawati Soekarnoputri and House Speaker Akbar Tandjung respectively. Tempo previously lost a separate lawsuit filed by Tomy and had been ordered to pay damages amounting to US$1 million.
| Human rights/law |
Jakarta Post - September 3, 2004
M. Taufiqurrahman, Jakarta -- Soldiers involved in non-military crimes will be subject to trials in district courts in the near future, if the House of Representatives and the government agree on the amendment to Law No. 31/1997 on military tribunals.
A draft revision to the law made available to The Jakarta Post on Thursday states that the military tribunal will only hear cases of violations of Military Law, such as desertion, insubordination and all internal administrative cases.
"Indonesian Military (TNI) soldiers will be subject to the military tribunal only for their violations of Military Law, while public courts will hear their cases of violations of the Criminal Code," it said.
Besides stripping the military tribunal of its authority, the draft revision also ordered the transfer of the TNI's control over its tribunal to the Supreme Court.
Article 6 of the draft stipulates that the Supreme Court is responsible for the tribunal's administrative and financial arrangements as well as its technical development.
The transfer of the tribunal's authority from the military has also been regulated in the Judiciary Law, under which the Supreme Court supervises the management of all courts.
Based on the law, the Supreme Court officially took over the administration and supervision of the military tribunal from the TNI on Wednesday.
Under Article 7 of the draft revision, the line of command from the military headquarters is not totally severed as the TNI chief will still wield the authority to supervise military judges stationed at the tribunal.
Chief justice Bagir Manan said on Wednesday that the sweeping transfer of authority would not be done hastily. "It would be better if we follow the procedures carefully and slowly to ensure the system works well," he said.
The draft is being proposed by the House after years of public concern over the seclusion of military personnel from district courts, although they commit ordinary crimes such as theft, murder and other violations of the Criminal Code.
Chairman of the House's lawmaking body Zain Badjeber said that such an extensive change could transpire only after the legislature and the government agreed on the amendments to the Military Tribunal Law.
"The transfer of the administration and supervision of the military tribunal from the TNI to the Supreme Court merely concerns the administrative side of the whole matter," he told The Jakarta Post.
Contacted separately on Thursday, noted criminologist Harkristuti Harkrisnowo from the University of Indonesia said that district courts and prosecutors would face a tough task ahead in applying the Criminal Code.
"Judges and prosecutors will probably need one or two years to familiarize themselves with the military ranking system, technical terms and their standard operating procedures," she told the Post.
She also said that even seasoned judges would face psychological hurdles when hearing a case involving military officers. "Their presence in the court alone is enough to send a chill down a judge's spine," she said.
Jakarta Post - August 30, 2004
Kurniawan Hari, Jakarta -- Lawmakers have criticized a stipulation in the bill on the Truth and Reconciliation Commission, which allows it to recommend the granting of a presidential pardon for human rights abusers, despite the fact that they have not been forgiven by their victims.
The legislators said that human rights violators should only be pardoned by the president after they and their victims forgive one another.
The contention on the crucial issue prompted the House of Representatives to postpone the deliberation of the bill until next week. "We want a clear explanation of the stipulation, otherwise it must be discarded," M. Akil Mochtar, deputy chairman of the House committee deliberating the bill, said here on Friday.
He said the committee members were worried that the stipulation could be misused to give or maintain impunity for perpetrators of human rights abuses. Moreover, Akil also questioned why the "suspicious stipulation" was not set out in the articles of the bill, but only in its explanatory section.
Article 28 of the bill states that the truth commission could recommend amnesty only after human rights abusers admit their wrongdoings and their victims forgive them.
But the article does not offer a solution to a situation where the victims refuse to forgive human rights violators. Unexpectedly, the bill's explanatory section states that the perpetrators can be granted amnesty in the absence of forgiveness from their victims.
The House is expected to finish deliberating the bill on September 7. Several other bills, scheduled to be passed into law by the House in its final sitting period, include those on regional administration, Cabinet ministry, Presidential advisory council, the 2005 state budget, revisions to the law on foundations, and free trade zone.
Separately, the House committee deliberating the revision of Law No. 22/1999 on regional administrations was rushing to finish. Its members had to stay at a hotel in Central Jakarta to discuss the bill intensively.
Committee members are optimistic that they will complete the bill's deliberations before ending their five-year term at the end of September. "We continue discussing the bill. God willing, we will finish the bill as scheduled," said committee member Chozin Chumaidy.
In a related development, the House committee deliberating the bill on Cabinet ministry and the presidential advisory council could not begin deliberation because the government has not appointed ministers to represent it in the discussions. During a hearing with State Minister for Communication and Information Syamsul Mu'arif, several legislators urged the President to appoint ministers to represent the government in the deliberations of the two bills.
The bills on the Cabinet ministry and the Presidential advisory council are crucial for the next President elected in the September 20 runoff as a guideline in forming the Cabinet lineup.
Key articles in the truth and reconciliation bill
Article 28:
[Source: House special committee]
| Reconciliation & justice |
Jakarta Post - August 31, 2004
Kurniawan Hari, Jakarta -- The House of Representatives (DPR) and the government wrapped up on Monday their deliberations on the truth and reconciliation commission bill following a half-hour, closed-door meeting attended by faction leaders in the House.
"We shall submit a final draft to a plenary meeting scheduled for September 7," committee deputy chairman M. Akil Mochtar of Golkar told the media after the meeting attended by 19 of 50 members of the House special committee deliberating the bill.
The closed-door meeting discussed conditions that must be met before the truth and reconciliation commission would recommend an amnesty for perpetrators of human rights abuses. After a half- hour talk, the lawmakers agreed to insert some clauses into Article 29 of the bill.
As amended, it says that if victims of rights abuses refuse to forgive suspected violators, the commission may make a recommendation based on its own considerations. In a situation where perpetrators refuse to admit their wrongdoing, they will not be given amnesty and will be brought before the ad hoc human right court. Previously, the bill only provided a solution in a situation where victims forgave human rights violators.
Article 28 says 29 of the bill states that the truth commission can recommend amnesty only after human right abusers admit their wrongdoing and their victims forgive them.
However, the article does not offer a solution in a situation where victims refuse to forgive their abusers. "This is the best outcome we can achieve," said Soewarno, spokesman of the Indonesian Democratic Party of Struggle (PDI-P) faction. Soewarno added that his faction fully welcomed finalization of the long- awaited bill.
Meanwhile, Nyoman Suwisma, spokesman of the Indonesian Military/Police faction, said that the bill's endorsement would not create problems for the nation.
In addition, National Awakening Party (PKB) spokesman Muhidin suggested that the government would disseminate information on the bill before establishing the reconciliation commission. "The selection of commission members should be carried out professionally," he said.
According to the bill, the President should form a selection committee consisting of five members, two of whom are government officials, with three others drawn from the public. The committee then submits the names of 42 candidates to the President who later selects 21 and submits them to the House for approval. The commission would work for five years with the possibility of a two-year extension.
Key Articles
Article 29:
(1) In a situation where human right violators and their victims forgive one another, the commission must recommend an amnesty.
(2) In a situation where human right violators admit facts and regret their wrongdoing but their victims refuse to forgive them, the commission can make recommendations based on its own considerations.
(3) In a situation where human right violators refuse to admit wrongdoing, they will not receive amnesty and will be brought before the ad hoc court.
Article 43: Gross human right violations settled by the commission cannot be brought before the ad hoc human rights court.
[Source: House special committee]
| Environment |
Straits Times - August 31, 2004
Jakarta -- Forest fires and hot spots in Kalimantan are spreading at a rate of more than 100 a day over the past week, an Environment Ministry official said.
"The latest report on Saturday from our staff in west, central and east Kalimantan says that the number of hot spots has reached 400, while on Thursday and Friday, their numbers were 200 and 300 respectively," Deputy Minister for Ecosystem Maintenance Sudariyono said on Sunday.
He said the quick spread of fires was caused by strong winds in some areas. Local ministry officials as well as plantation and forest agencies had been trying to stem the spread of the fires, he added.
| Islam/religion |
Reuters - August 31, 2004
Jakarta -- The United States yesterday announced US$468 million (S$802 million) in aid to Indonesia, earmarking part of it for improving Islamic schools, which have been blamed for encouraging fundamentalism.
A US statement said it was the largest development assistance programme ever agreed with Indonesia, the world's most populous Muslim nation and an ally in Washington's war on terror.
Over five years, the US will provide US$157 million to improve the quality of education, US$236 million for other basic human services and US$75 million in food assistance.
Referring to the targets of the school aid, US Ambassador Ralph Boyce said: "Pesantrens, madrasahs, public schools, private schools. It has been drafted with the advice and input of the Ministry of Education and Religious Affairs." A pesantren is an Indonesian-style Islamic boarding school.
Mr Boyce said: "Indonesian children will have an improved chance of emerging as greater contributors to Indonesian economic and social growth as healthy, productive and educated citizens."
Militants involved in attacks in recent years, including the 2002 Bali bombings, were graduates of hardline Islamic schools.
| Armed forces/police |
Jakarta Post - August 31, 2004
Imanuddin Razak, Jakarta -- The ongoing deliberation of the Indonesian Military (TNI) bill at the House of Representatives (DPR) in the final days of the House members' terms in office has not only drawn widespread attention, but also strong criticism from related institutions and the public in general.
Both the decision to complete the deliberation before the House members' terms end and the content of the bill itself are equally controversial.
However, the decision to accelerate the deliberation of the bill cannot merely be blamed on the House itself. The outgoing House members likely want to leaving a positive legacy before ending their terms by completing the deliberation of such an important bill. But the government also played a part in pushing the House to finish it before their mandate ends.
The House has pledged to endorse the government-sponsored bill by the end of September. House members have said that they had to finish deliberating the bill this term to allow legislators from the military and the police to take part in the process as the appointed military/police faction will cease to exist in the House.
The Ministry of Defense had previously prepared a TNI bill and submitted it to the State Secretariat. Apparently not satisfied with the content, Cilangkap (TNI headquarters) went ahead and drafted its own bill.
The bill, which has aroused widespread opposition from the public, maintains the military's territorial role (active military posts in every village), which former strongman Soeharto used as a tool to maintain his power. It also allows serving military personnel to accept civilian posts -- as governors, regents and mayors -- without having to resign from the force, a common phenomenon during Soeharto's 32 years in power, known as dual function.
The bill contradicts a stipulation in a People's Consultative Assembly (MPR) decree issued in 2000 that requires military officers to retire before taking such positions.
Critics, including President Megawati Soekarnoputri and her Indonesian Democratic Party of Struggle (PDI-P) faction at the House, have urged the lawmakers to delay the deliberation of the bill and allow the matter to be taken up by the next House, which will be sworn in on October 1.
Yet, the move by Megawati and PDI-P was indeed controversial as it was announced as Megawati is in a fight to win reelection.
It is difficult not to believe that the move, expected to gain support of "reformist" voters, has no connection with the upcoming September 20 presidential election runoff.
The question is then why has Megawati not raised the issue earlier in her presidency after succeeding Abdurrahman "Gus Dur" Wahid in July 2001.
According to the 1945 Constitution, the military is responsible for defense, while the police, which used to be part of the then Indonesian Armed Forces (ABRI), are responsible for internal security.
But, the TNI headquarters insisted that such reforms should be done in a gradual manner, while arguing that it would take time for the TNI to change itself after over three decades of enjoying privileges -- mainly in politics and the economy.
Learning from Abdurrahman's ouster in 2001 as well as from her father's (the late president Sukarno) in the mid 1960s, which were due to disharmony with the Army, Megawati has since taken a careful and amiable approach toward the TNI. Such a lenient attitude could be seen from her immediate approval of the TNI's proposal to impose martial law in Aceh last year.
It was later downgraded to civilian emergency status earlier this year.
So critical was the opposition against the military bill, that while Megawati was attempting to lure popular votes by issuing such bold and "unusual" decisions, her rival and former Cabinet minister Susilo Bambang Yudhoyono has chosen to remain quiet on the issue.
There has been no explanation for his silence, but it is likely because Susilo, who is a retired Army general, is in a difficult position to face the TNI.
Apparently realizing the public's strong opposition, surprisingly, the TNI headquarters eventually stated that it was not necessary to rush the bill through the House because the soldiers' activities would not be hampered by the absence of the regulation.
Most of us are aware that the country has not fully recovered from the political and economic crises, which began in 1997, so the main concern should not necessarily be whether to complete the deliberation of the bill before the end of next month or to let the new House complete the task.
The deliberation of the TNI bill is not about a "losing" or "winning" game. It is about establishing a legal-political umbrella, as well as guidelines, for the TNI in its attempt to become a professional institution as our founding fathers and all other Indonesians have yearned for.
We need a strong, but professional TNI to protect Indonesia's vast and archipelagic territory from outside threats and help establish a secure state that is conducive for investment and restart the development programs to catch up with the seven-year lapse of development due to the crises.
We cannot let past mistakes happen again, specifically we cannot let the TNI be misguided and stray from the right track.
So, the legal product should not satisfy only the TNI, nor the NGOs only, nor the public only, but should win the support and approval of the majority of the people.
That is what democracy means, does it not?
[The author is a staff writer for The Jakarta Post.]
Tempo Magazine - August 31-September 6, 2004
It was a bloody event that Abdul Hakim Garuda Nusantara, then a human rights activist and University of Indonesia law student working part-time at the Legal Aid Institute (LBH), can never forget. Even today, as Chairman of the National Commission on Human Rights (Komnas HAM), he can still recall the scent of death that day.
"There were clearly serious human rights violations in the Tanjung Priok case," said Abdul Hakim. With ease, Abdul Hakim named L.B. Moerdani [former defense and security minister, simultaneously Indonesian Armed Forces commander] and Try Sutrisno [former commander of the Jakarta Military Command] as the officials who should be made "accountable" for the tragedy that killed tens of demonstrators. [Abdul Qadir Djaelani, one of the men indicted in the Tanjung Priok case told Tempo there were as many as 300 people killed.]
But Abdul Hakim feels let down. The ad hoc human rights tribunal in Jakarta two weeks ago acquitted Special Forces (Kopassus) Commander Maj. Gen.
Sriyanto of any responsibility. Yet Sriyanto led the platoon of soldiers which shot at the protesters in Tanjung Priok. Then a captain, he became Chief of the North Jakarta Military District Operations. The tribunal also acquitted Maj. Gen. (ret) Pranowo, who was then POM commander in Jakarta, even though according to Abdul Hakim, "strong evidence points to the use of torture by POM members."
In order to get the views of Abdul Hakim, currently Chairman of Komnas HAM, on the ad hoc tribunals and other human rights cases in Indonesia, Tempo reporter Setiyardi interviewed him two weeks ago. In a two-hour long interview, Abdul Hakim answered all questions "very slowly and carefully." Excerpts:
The panel of judges at the human rights tribunal acquitted the generals involved in the Tanjung Priok case. What are your thoughts on this?
Major-Generals Pranowo and Sriyanto were indeed acquitted. One of the judges' considerations was that peaceful settlement (islah) had been established between the perpetrators and the victims of the Tanjung Priok case. But this is not correct. According to national laws, an islah does not supersede a criminal indictment. I have asked the prosecutor about an appeal. We are now waiting because they have submitted an appeal.
Can't an islah be seen as a legal consideration?
It can be seen as a consideration towards reducing a sentence. But it can never be used to escape a legal sentencing. That's why, when a number of witnesses withdrew their testimonies because of the islah, that is totally wrong. The withdrawal of those testimonies must be set aside by the judges.
The testimonies must still be used in court. The judges should examine further why the victims withdrew their testimonies. Are they being tortured, pressured or given money at all?
Are you disappointed with the court's verdict?
I cannot answer without revealing my personal feelings. Certainly, the formation of this ad hoc human rights tribunal was agreed by Komnas HAM, the Attorney General's Office, the House of Representatives (DPR) and the president, with the understanding that serious human rights violations had been committed. Otherwise, there would not be such a tribunal.
Many people are very unhappy with the tribunal's decision?
Indeed, there are voices from the public which doubt the credibility of the legal proceedings on the Tanjung Priok case. This is understandable if public accountability is to be achieved. The DPR should address those doubts by evaluating the performance of the human rights tribunal. What should be assessed is whether the tribunal acted fairly, objectively and fulfilled all international standards. Were there weaknesses in the laws which formed the basis of the trial itself? Did the prosecutor and the judges abuse their authority?
Why didn't Komnas HAM conduct such an evaluation?
In accordance with the laws on Komnas HAM, we cannot interfere in cases that are being legally processed. Furthermore, the task of the DPR is to control the government and institutions of justice.
Does our human rights tribunal meet international standards?
After Komnas HAM, the file on the Tanjung Priok case languished for three years at the AGO. It was during that time that all kinds of maneuvers took place, like getting the islah. This should be examined, whether there was an element of intent. Why for instance, did it take a year and a half to appoint a special prosecutor after the AGO decided to bring the case to trial?
About standards, we refer to similar human rights tribunals, such as those on Rwanda and Yugoslavia. But there are significant differences. In Yugoslavia, it is easy to test the evidence. Serbian leaders who egged on their people by radio to hate other ethnic groups have already been tried.
The recordings of these announcements can become evidence of the existence of systematic planning. That's where we are weak, on our laws covering human rights justice, which still refers to the criminal code, whereas for serious human rights violation, we need a different set of laws. This should be re-examined.
Why weren't L.B. Moerdani and Try Sutrisno indicted?
Where the Tanjung Priok case is concerned, Komnas HAM identified 33 people who were to be made accountable for their actions, including Benny Moerdani and Try Sutrisno. Later, the attorney general indicted 14 of them, excluding those two generals. Attorney General M.A. Rachman should explain to the public the reasons for his decision. We just want a fair trial.
Unfortunately, the process is not working well, because islah is being used as an excuse to acquit Pranowo and Sriyanto.
So how do you react to this?
After the attorney general announced the names of those indicted, we sent a letter to him, asking whether there would be other names aside from the selected 14. They replied there would be no other names. Komnas HAM could not explore any further, because we would be entering a technical area in which we could not interfere.
Tempo found a radiogram from Try Sutrisno, the Regional Military commander then, instructing the Kodim (district military command) to take action against the protesters. Isn't that evidence of his involvement?
That question should be addressed to the AGO. I cannot answer it.
People think Try Sutrisno and Benny Moerdani were involved. That is why Komnas HAM has stated those two generals must be made accountable for their actions.
In what form, will be up to the prosecutor. Komnas HAM cannot push the prosecution to indict the two generals. The Law on Komnas HAM emphasizes that Komnas Ham cannot be involved in examinations conducted by the prosecutor.
Try Sutrisno is a signatory to the islah agreement. Would that be evidence of guilt?
I don't know. Only his conscience can answer that.
Do you see an abuse of authority by the Prosecutor's Office?
There could be abuse of authority. The one who should question and investigate this is the DPR. They are the controlling institution. I think the incoming DPR will be a lot more critical towards this legal case.
Komnas HAM has no authority to pre-judge the prosecutor's office. The police can do this, even though they haven't done it so far because of a sense of 'mutual support' (laughing).
Is the quality of the ad hoc tribunal judges still below standard?
Our judges are inexperienced in handling human rights cases. It's a fact.
Besides, this tribunal is still very much influenced by politics. Right now, the TNI (Indonesian Military) still wields a lot influence over government affairs. Such influence is felt even inside the courtrooms, especially when the defendants are TNI officers.
Do you have proof of that?
The Kopassus commander, Maj. Gen. Sriyanto, for example, brought one platoon of uniformed Kopassus personnel each time he appeared in court.
They filled all the seats. That shouldn't be allowed because it creates a psychological pressure on the judges. Within the justice bureaucracy, which has lived long under authoritarianism, that influence is still very strong.
Our human rights justice system is still not independent. There is a psychological problem that remains very influential. We still have to fight for that independence.
On other human rights cases, why weren't there any TNI defendants in the East Timor case?
That is so illogical. In the East Timor case, it can be concluded that security personnel should be made accountable under the law. The East Timor case represents a human rights crime that has broad implications. So Komnas HAM recommended that even ABRI commander General Wiranto should also be made accountable. Strangely, why did the prosecutor acquit [former Regional Military commander] Adam Damiri? If the prosecution didn't have enough evidence on him, why indict him? It's the prosecutor's job to find evidence. The DPR must now investigate whether there is the possibility of abuse in this case.
What went wrong in the East Timor human rights trial?
There were doubts that the tribunal on East Timor did not meet international standards. That is why UN Secretary-General Kofi Annan has proposed the formation of a commission of experts to study the case.
This will be the basis of his report to the UN Security Council.
If the report is really bad, it would ruin Indonesia's image. There is the possibility, although a small one, that an international human rights tribunal on this will be formed. Right now our Foreign Affairs Department is working overtime to prevent the establishment of such a commission.
The problem is, why didn't the DPR evaluate the performance of that ad hoc human rights tribunal? It's happening in our own backyard!
Truthfully, was our human rights tribunal formed in order to try those who violated human rights, or was it to prevent an international human rights tribunal from trying us?
That's a matter of interpretation. Certainly, the existence of such a tribunal indicates that Komnas HAM, the attorney general, the DPR and the president agree there has been serious violation of human rights. The fact that it is ad hoc is fair enough. That is what must be evaluated. There are opinions that favor trials being held in an Indonesian court than an international tribunal. But if domestic courts are unable to handle such trials, we cannot prevent international parties from coming in. Serious violations of human rights have become an international concern. So, it will always attract worldwide attention. Whether we agree or not with the establishment of a commission of experts, is a moot point.
International sanctions, however, are not limited to an international human rights tribunal. Sanctions can come in other forms.
The Justice Department has just executed Ayodhya Prasad Chaubey. What is Komnas HAM's view on the death penalty?
International law does not actually forbid the death penalty. But there is a condition: that it should not be someone under 18 years nor a pregnant woman. But since the right to live is universally accepted, there is a recognition that the death penalty should be eliminated in stages. The philosophy behind this death penalty is revenge. Today, the concept of punishment is education. Besides, empirical data show that the death penalty does not reduce crime. If it does, it is only temporary. The root causes of crime are unemployment, poverty and social destruction.
Can it be said that the death penalty is a human rights violation?
From life's point of view, the death penalty contravenes human rights.
So if Prof. Achmad Ali (Law professor of Hassanudin University and member of Komnas HAM-Ed.) says that the death penalty is still needed for special crimes, he is using the theory of revenge. But is it effective in suppressing crime? I don't think so.
The police are suspected of torturing Ustad (Islamic religious teacher) Syaifuddin in East Java. Is that how our police force operates?
There are many reports about the police committing human rights violations when handling cases. On Amrozi, there's a lawyer's report on torture by the police. So Komnas HAM has investigated and monitored such accusations, like the incidents at Bulukumba and Manggarai. The results of Komnas HAM's investigation are submitted to the necessary organizations so that improvements are made. I contacted the police chief to ensure that the Komnas HAM findings are not stored away. We will implement a note of agreement between Komnas HAM and the police on monitoring the work of the police. We will try this mechanism first.
Is the fact that the police are using torture an indication of their lack of professionalism?
That should be verified on a case-by-case basis. We have ratified international regulations regarding torture by public officials. So the police cannot use torture to obtain a confession. If that is still practiced, this system used by the police must be corrected. Komnas HAM is still investigating the police's use of violence. This also reflects the police's lack of professionalism. Even without the international ratification, the police can still be brought to court if torture is used.
If public officials commit torture, the punishment should be heavier than normal.
By the way, how is Komnas HAM doing these days?
We are investigating many cases: the police shooting at Bulukumba, Manggarai and an old case in Buru Island. Most of the cases still deal with problems of land ownership and eviction. Komnas HAM is not a non-government organization, and it is neither a social organization. This is a state institution. Our budget comes from the National Budget. I receive a salary of Rp12 million a month. But compared to the Corruption Eradication Commission, we are nothing. Their director gets Rp25 million a month.
That is why I still have my law practice. What is important is that there is no conflict of interest.
How does Komnas HAM compare with similar institutions in other countries?
In the whole world, there are 100 such human rights commissions. The latest one was formed last February in Saudi Arabia. Compared with such countries, including Malaysia and Thailand, we are in far better condition. They don't have pro-justisia authority like we do.
| International relations |
The Australian - August 30, 2004
Patrick Walters -- A strange paradox continues to afflict Australia's bilateral relations with Indonesia.
While people-to-people links strengthen year-by-year, opinion polls show a steadily increasing proportion of Australians now nominate Indonesia as our principal long-term security threat.
A recent study by the Australian Strategic Policy Institute on public attitudes towards security issues shows 31 per cent of respondents considered Indonesia to be "very likely" to pose a threat compared with nine per cent for China.
They demonstrate that Australian governments still need to address lingering popular perceptions about the long-term direction of Indonesia.
The number of Indonesian students studying in Australia has more than doubled in the past decade to 25,000, says Imron Cotan, Indonesia's ambassador to Australia -- an indicator that augurs well for long-term ties between the two countries.
Yet by contrast, the number of Australians studying Indonesian at schools and universities continues to fall in the wake of government funding cuts for the Asian language teaching program in our schools.
Indonesia's political elite now have a genuine stake in the relationship. They routinely send their sons and daughters to study in Australian universities and are now significant property investors.
At the government-to-government level, Australia's intervention in East Timor in 1999 fuelled critical perceptions in Jakarta about Australia's long-term strategic ambitions.
Australia's critics in Jakarta now accuse Canberra of aiding secessionist sentiment in West Papua -- a claim consistently denied by the Howard Government.
Ironically, the October 2002 Bali bombings, in which 88 Australians died, and the threat posed by Islamic terrorist groups such as Jemaah Islamiah, marked a turning point in government-to-government ties after the low point in 1999-2000 when the two countries came perilously close to conflict. Imron Cotan describes the official bilateral relationship as "excellent" after the nadir experienced in the wake of East Timor.
"We have started to trust each other again," says Imron. Much of the credit for the upswing in relations must go to Australian Federal Police Commissioner Mick Keelty, whose expert team played a fundamental role in the arrest of the Bali bombers.
Keelty worked painstakingly over a decade to build a strong rapport with his counterparts in the INP. "When the Bali bombings occurred, all the groundwork had been laid to allow us to go in and work seamlessly with the INP."
Australia and Indonesia co-hosted a regional counter-terrorism ministerial meeting in February and a huge effort has gone into improving counter-terrorism co-operation.
The key intelligence agencies from both sides, including ASIO, ASIS and the INP and Indonesia's state intelligence agency BIN, recently met in Australia and bilateral military ties have resumed after being suspended in the wake of the East Timor crisis.
A further sign of the strength of the AFP-INP relationship is the $38 million Canberra is spending on the Jakarta Centre for Law Enforcement Co-operation, which will provide training in a whole range of policing functions including intelligence, forensics and prosecutions.
Indonesia is Australia's 10th-largest trading partner with two- way trade worth $8.3 billion last year. Services trade is estimated at another $1.5 billion a year with education now a major export driver for Australia.
Around 400 Australian companies have investments worth $2.6 billion in Indonesia, with significant presences in the mining, construction, banking, food and beverage and transport sectors.
Indonesia remains Australia's second-largest aid recipient after Papua New Guinea, with aid flows this year totalling $160 million.
Megawati Sukarnoputri is yet to pay an official visit to Australia while John Howard travelled to Jakarta twice last year.
[Patrick Walters is The Australian's national security editor.]
| Business & investment |
Asia Times - September 4, 2004
Phar Kim Beng -- With the price of oil hovering around US$40 per barrel, it is easy to assume that the oil-producing countries are laughing all the way to the bank. After all, the Organization of Petroleum Exporting Countries (OPEC)has affirmed that all its members can make do with $30 per barrel. Indonesia, a seasoned player in the yo-yo market of oil revenue, has been careful not to take the current financial windfall too far, however, and for good reason.
Although Indonesia currently holds proven oil reserves of 4.7 billion barrels, this figure is down by 13% since 1994. The decline has shown little sign of leveling off.
A study released in August 2002 by Indonesia's Directorate General of Oil and Gas shows that oil reserves in the Cepu block alone, in Central and East Java, are close to 600 million barrels, about half of which is considered recoverable. Yet ExxonMobil, which has an exclusive contract to extract the oil at Cepu, will not pump a drop.
Since finding much more oil than expected in 2001, ExxonMobil had until recently been locked in negotiations with Indonesia's national petroleum company, Pertamina, which had demanded that ExxonMobil share more of the bounty. The two oil giants were unable to reach an agreement over profit sharing, with Pertamina demanding half the field's output and ExxonMobil demanding that Pertamina cover half the field's production costs. Additionally, ExxonMobil wanted Jakarta to extend its technical assistance contract, due to expire in 2010, for 20 years.
Pertamina announced this week that it plans to issue bonds to raise funds to finance development of the Cepu oil block. The move was seen as confirmation of earlier indications by the new management of Pertamina that it will go it alone to develop the block, and not renew ExxonMobil's contract.
"After 2010, we will do it ourselves. What we need is money, and I prefer bonds," the Antara news agency quoted Pertamina president Widya Purnama as saying after a meeting with ExxonMobil.
Meanwhile, Indonesian oil wells are drying up faster than new fields are being tapped. Having already exploited its largest and most accessible deposits in Central Sumatra, Indonesia is trying to persuade oil companies to explore smaller, more remote sites. The interest has been low. Faced with concerns about security, corruption and local unrest, oil companies have been holding out for a more stable political and regulatory climate and more favorable terms. This is obviously not a good sign, as the oil- and-gas sector accounted for 25% of Indonesia's total export earnings over the past five years.
As it is, Indonesian crude-oil production has been diminishing from a peak of 1.5mbpd (million barrels per day) in 1998. In 2003, Indonesian crude-oil production averaged 1.02mbpd, down from the 2002 average of 1.10mbpd and continuing the decline of the previous several years.
The decline is due mainly to the natural fall-off of aging oilfields, a lack of new investment in exploration and regulatory hurdles unlikely to be addressed until after the September 20 presidential runoff election.
Notwithstanding the ineffective Indonesian presidents over the past five years, with president Suharto alone accused of siphoning more than $4 billion of Indonesia's oil revenue for his own family, all of them nevertheless agreed that Indonesia's oil sector has worked itself into a rut. Several measures have been introduced to prevent Indonesia from sliding further.
Indonesian oil has traditionally been extracted by foreign companies under 20-year revenue-sharing contracts with Pertamina, which until recently acted as both partner and regulator. Under these deals, foreign companies typically keep a minority of the oil revenue; Pertamina and the government take the rest.
However, under a law passed in 2001, the government has sweetened terms for oil investors. Licensing rules have been eased, tenders for exploration rights made more transparent and revenue-sharing made more generous. Oil executives say companies can now get at least 35% of the production revenue.
Pertamina, the state body responsible for oil exploration, has also come under some serious reforms. President Megawati Sukarnoputri has taken steps to clean up the company, replacing its top management and forcing it to run as a corporation instead of a government agency.
In 2003, the government created an agency, BP Migas, to take over Pertamina's regulatory role. Pertamina is scheduled to be privatized by 2006.
Though such incentives are attracting some new investors -- largely companies from Indonesia and elsewhere in Asia -- many others have been pulling out. Among the departed are three US companies, Devon Energy, Kerr-McGee and Occidental Petroleum, as well as Repsol-YPF of Spain and Statoil of Norway.
This is because efforts by the Indonesian government to decentralize political power to the provinces have added a new and unpredictable layer to investment negotiations. Once completely cut out of oil revenue, provincial governments are now entitled to as much as 15%.
Caltex, which produces half of Indonesia's oil, making it the biggest player in the country, still suffers routine pilferage of its equipment but says it is otherwise operating normally. There is also the continuing threat of insurrection and terrorism. Troops were brought in to restore order when attacks against ExxonMobil's employees in the province of Aceh forced the company to shut down its operations for four months in 2001, and the attacks have continued.
To stem the impact of major Western oil companies leaving Indonesia, Jakarta has resorted to working with Asian firms, in particular from China and Malaysia. Aside from boosting production, the goal is to expand Indonesia's oil reserves to 5 billion barrels, a figure that would show that Indonesia is not on the wane.
In January 2002, China National Offshore Oil Corp (CNOOC) became the largest offshore oil producer in Indonesia, after purchasing nearly all of Repsol-YPF's assets in the country for $585 million. Pertamina is also a CNOOC partner in each production sharing contract (PSC). However, in 2003 CNOOC's production dropped 20,500bpd (barrels per day), or 17.5%, from its 2002 level.
In April 2002, PetroChina also won the bid to buy the Indonesian oil and gas fields of the Oklahoma-based Devon Energy Corp, marking the first purchase of overseas oilfields by China's top producer. The fields produce the equivalent of 52,900bpd.
In June 2002, Petronas Carigali (Overseas) Ltd acquired the entire share capital of Kerr-McGee (Indonesia) Ltd (KMI) for $170 million, providing Malaysia with its first oil production in Indonesia, with five fields producing about 24,000bpd.
Pertamina has also been encouraged to venture out. In early 2002 it signed a petroleum contract with PetroVietnam and Petronas to explore and develop hydrocarbon resources jointly in offshore Vietnam, forming the first such alliance within the Tripartite Cooperation Arrangement.
Still, the shrinkage of Indonesian oil production is not relenting. Companies producing from existing fields are attempting to increase recovery rates and to prolong the life of the fields. Caltex, which has the largest operation of any multinational oil company in Indonesia, undertook a steam injection project at the Duri field on Sumatra, but nonetheless experienced a drop of about 71,000bpd in production in 2003 over 2002. Half of the drop is attributed to natural depletion.
To get out of this morass, the only way is for Indonesia to explore Cepu. With ExxonMobil cut out of that picture, Indonesia could be hard-pressed to halt the decline in production.
Asia Times - August 31, 2004
Bill Guerin, Jakarta -- "Of course the risks are high. But if not us, who else is willing to take the risk?" So asked Hilmi Panigoro, chief executive of PT Medco Energi Internasional Tbk (Medco), earlier this year in an interview with local media.
He was charting the strategy for the company his older brother, Arifin Panigoro, oil tycoon, empire-builder and confidant of President Megawati Sukarnoputri, has built into Indonesia's biggest publicly traded oil and natural-gas company. Medco has a total market capitalization of US$486 million and operations in Southeast Asia, the Middle East and North America. Its share price closed on Monday at Rp1,425 (about 15 cents).
It is 85% owned by holding company New Links Energy Resources, with the remaining 15% held by public and financial institutions. New Links in turn is 34% owned by Thailand's top energy enterprise PTT Exploration and Production (PTTEP). Credit Suisse First Boston (CSFB) owns 20% and Panigoro and his family hold the remainder.
When affirming its recent B+ corporate credit rating on Medco, Standard & Poor's explained that though the outlook for the company was stable, the rating was constrained by the short life of proven reserves, large capital expenditure requirements, concentration risks, and the company's "very aggressive financial policy". This last comment may have been a tad understated, given the force with which Medco has been divesting and acquiring assets in the oil and gas sector.
Last week it was announced that India's largest oil refiner, Indian Oil Corp (IOC), wanted to buy into Medco. Though IOC controls nearly 60% of the petroleum-products market in India and owns nine refineries in the country, it does not have a stake in any producing oil and gas fields.
Reports have said that IOC may buy a 40% stake in Medco in a deal worth about $600 million, although the company's market capitalization is less than $500 million. Its declared assets as of December 31 last year were $979 million. The board of IOC has approved a bid, though this will need to be approved by the IOC's largest shareholder, the Indian government.
However, a Merrill Lynch report says the valuation of Medco had been inflated by a recent surge in its shares on speculation of an acquisition. Shares of Medco on the Jakarta Stock Exchange (JSX) jumped 29% in one day, August 11, from Rp375 to Rp1,650, with 13.7 million shares changing hands on the first reports that IOC might buy an equity stake in Medco.
It was also reported last week that Emirates National Oil Company (ENOC), a company owned by the government of Dubai in the United Arab Emirates and chaired by Sheikh Hamdan bin Rashid al-Maktoum, deputy ruler of the emirate, was buying the 46% stake Panigoro owns in troubled Dragon Oil, which is already 60%-owned by the ENOC.
Medco's profits up
Medco's total revenue last year was a modest $463 million, but the company reported a 20% increase in first-half net profit this year to $52.7 million from $44 million in 2003, mainly due to higher oil prices, which averaged $30.65 a barrel in the first half, up from $22.81 during the same period last year. Revenue was up 9.6% for the first half of this year at $227.96 million.
Last year, Medco projected that its 2004 oil production would drop by 14% on depleted reserves. Though production has been declining, the part acquisition last month of Australia's mid- sized energy company Novus Petroleum Ltd is expected to result in a 50% net increase in Medco's combined oil and gas reserves, according to the company's finance director, Sugiharto.
However, the company itself has projected that its proven oil reserves of 154 million barrels of oil equivalent will last only four years, while its proven and probable reserves of 754 million barrels of oil equivalent will run out in 12 years.
Novus has assets in Australia, Indonesia, Oman, Pakistan, the Philippines and the United States, with proven and probable reserves of 107 million barrels of oil equivalent. The acquisition was fully financed from the company's $250 million unsecured notes issued in May, and from operating cash of about $40 million.
"The Novus assets are attractive to us, as they can expand our interest in Indonesia and give us the potential for geographic diversification of our asset base," explained Sugiharto.
By selling some of the Novus reserves, Medco will also raise more funds to look for other acquisitions, but analysts have cautioned that financing the Novus buyout mostly by debt would burden Medco and risk its net profit if it turns out that Novus has no reliable long-term reserves.
Nonetheless, Medco has struck a deal with Silk Route Investments to negotiate the sale of Novus' reserves in the US, and part of its interests in reserves in the Middle East and Pakistan. Medco has also agreed to sell some of the Novus reserves in Australia and Indonesia to Santos Ltd for about $110 million.
Last month's deal covers the sale of Novus' entire 4.75% stake in the Australian Cooper Basin oil-and-gas block and also includes the sale of an 18% interest in the Brantas block and a 9% stake in the Kakap block, both in Indonesia.
Medco at present produces about 70,000 barrels per day (b/d), but during the first half of this year production fell by 22% year-on-year to 56,200 b/d on declining output from its main oil-producing fields in the Kaji/Semoga and Rimau blocks in South Sumatra.
However, in the same period, the company's gas production rose to 78.5 million cubic feet a day from 74 million. The average price for gas rose to $1.58 a thousand cubic feet from $1.52 a year earlier.
Growth in production and proved reserves, says Standard & Poor's, will depend partly on the materialization of gas-sales contracts, which in turn hinge on the development of Indonesia's gas infrastructure to absorb Medco's large uncommitted gas reserves. Medco's proven gas reserves are mostly in its Kalimantan and Sumatra fields and it is exploring the Donggi and Senoro gas fields in Toili, Central Sulawesi, which are estimated to have total reserves of some 20 trillion cubic feet, almost twice the 14 trillion cubic feet remaining in the Arun field in Aceh.
Production at both fields is expected to begin by 2008. "We have to monetize such abundant gas reserves, so that over the next five years we can balance our oil and gas production," Sugiharto said, when announcing plans to boost production of natural gas over the next five years to meet an expected jump in demand from the power industry, the transport sector and households.
The new president of state oil-and-gas firm PT Pertamina, Widya Purnama, plans to boost consumption of natural gas, in line with moves by other countries in the region to switch to cleaner- burning fuels. "Natural gas is expected not only to be used in the form of LPG [liquefied petroleum gas] or LNG [liquefied natural gas], but also for lighting, automotive fuel and for other purposes," Purnama said in August in his first statement to the press.
To grab a bigger share of this growing market, Medco plans to invest in infrastructure and begin to develop its capacity to supply gas.
Oil and Gas Law No 22/2001 stripped Pertamina of its monopoly in the industry, and its oil and gas fields are being handed back to the government, though the company may continue to operate the areas as a production-sharing contractor.
The Oil and Gas Upstream Regulatory Body (BP Migas) has taken over Pertamina's authority to manage oil and gas areas and oversee production-sharing contractors. The Senoro field in Central Sulawesi is jointly owned by Medco and Pertamina and supplies gas to state-run electricity firm PT Perusahaan Listrik Negara (PLN).
Indonesia has some 140 trillion cubic feet of gas reserves and BP Migas recently signed $4.3 billion worth of LNG sales agreements with several international and local oil and gas companies. The agreements cover the sale of 1.7 trillion cubic feet of natural gas, including one deal that commits state-owned gas-distribution company PT Perusahaan Gas Negara (PGN) to buy gas from Medco and ConocoPhilips to meet demand in West Java and Batam.
Greater export opportunities also fuel Medco's interest in gas. It has already signed an agreement with Marathon Oil Corp to export LNG from Donggi to the US West Coast.
Arifin Panigoro's entry into a sector with such high operating risks started when he bought an oil rig after Bawden Drilling, a foreign contractor, refused to cooperate with him on his first project in the early 1970s. Buying this rig was his biggest challenge ever. He relates that he had to go to the US to get a rig and brought $300,000 to the table -- a fortune in those days -- before managing to persuade state-owned Pertamina's Japanese partner, Nissho Iwai, to put up a guarantee to the Americans for the balance of the $4.5 million for the rig.
By 1981 he had already won contracts worth Rp20 billion, but his big break came in September 1982, when his group Meta Epsi won a tender for a Pertamina project to install gas pipes. Working with a foreign partner, Fluor, he built the Pertamina refinery in Cilacap.
Panigoro went from strength to strength in electrical construction, installation of gas pipes and joint ventures in oil refining, and the peak of his business achievements came when he founded Meta Epsi Drilling Co (now Medco), which was floated on the JSX in 1994.
Medco plans to forge ahead with replacing reserves that have been exploited and to add new concessions for growth, by boosting exploration and by acquiring new fields.
In the interview earlier, Hilmi Panigoro said the company saw tremendous opportunities in Indonesia because the investment climate was still in a poor state compared with other countries and consequently there was no strong competition in the country for oil and gas investors.
The unclear division of authority among the central, provincial and regency administrations and unreliable political and legal conditions have ensured that the interest of foreign investors in Indonesia is still at a low level, said Hilmi. "But for us, this has provided an opportunity. American firms are not as aggressive as they once were. Amid the weakened competition, we have a chance to become a host in our own country," he concluded.
| People |
Jakarta Post Editorial - August 31, 2004
In the early hours of Sunday, one of the most feared, yet respected sons of the nation left us. Gen. (ret) Leonardus Benjamin "Benny" Moerdani, 71, deserves the praise that has been heaped on him from many quarters. It is not an exaggeration to say that he was probably one of the best soldiers this nation ever had. It is difficult to deny the fact. His military career, spanning almost the whole of his lifetime from the period of freedom-fighting in the 1940s, saw him holding the positions of intelligence chief and military chief when the Indonesian Military (TNI) was known as the Indonesian Armed Forces (ABRI).
Once the most powerful general in the country, Benny is being honored with flags flying at half-mast for seven days at all military headquarters throughout the country.
The best soldiers have the most inspirational characteristics. They are true soldiers, genuine, professional and loyal at the same time. All these outstanding traits seemed to come together in the figure that was affectionately called Pak Benny. His friends would undoubtedly quote more pluses, like his extraordinary intellectual capacity, quick wit, intelligent remarks, firmness and, perhaps, sternness. His critics would obviously remember his harshness, toughness and severity in dealing with government opposition during the Soeharto years; perhaps they will add one more: His cruelty.
Benny, the person, exuded an air of respect and fear, firmness and charm at the same time, as if he were the embodiment of two almost opposing traits.
Benny's career coincided with the transformation of a nation from decolonialization to modernity. He had to deal with numerous, delicate issues stemming from the quicksand traps associated with rapid industrialization. At the same time, the communists in Indonesia were severely routed following the 1965 coup blamed on them while, globally, the Cold War was raging. As a soldier, he knew that he had to safeguard the task of turning this colonial backwater into a prosperous nation. As such he had to face myriad issues ranging from defusing confrontation with Malaysia to toning down militant Islam groups, from silencing government critics to crushing criminals.
Benny's intelligence background ran heavy through his military career and it endowed him with much information not available to the public. He had an astute understanding of what was going on in the country -- what threats or dangers were imminent.
During the Soeharto years -- and, sadly, to some extent until today -- one's religion played a vital role in one's life and career. Being a Roman Catholic general who had to silence Muslim militants in a country with the largest Islamic population was a tall order. It was only natural that Benny accumulated foes among Muslims, especially after the 1984 Tanjung Priok massacre in Jakarta when soldiers opened fire on suspected Muslim militants. His name was still mentioned by those protesting the incident quite recently. Trials to investigate the incident have just concluded, but critics say only a few low-ranking military officers were punished. In 1983 Benny allegedly ordered the street killings of criminals to reduce the crime rate in the country. Five years later, Soeharto wrote in his book Pikiran, Ucapan dan Tindakan Saya (My Thoughts, Sayings and Actions) that Soeharto was the one who gave the order.
There are those who feel that they were victimized by Benny's past action, and rightly so. Many human rights activists perceived Benny as a gross human rights violator after one-third of East Timor's 750,000 people allegedly perished during an Indonesian invasion in the former Portuguese colony in 1975.
A great man is always controversial, and Benny was no exception. It is best, perhaps, to take some lessons from his life: Benny provided many. Benny was a leader with vision, a rarity today, who streamlined, restructured and modernized the Indonesian Military. He was a man of principle who often had to suffer for being so.
Benny, perhaps, had a bad record of human rights violations but he also contributed a lot to his nation. He was involved in crushing many Muslim hard-liners, some of them prominent Muslim leaders, but he also parachuted into the dense jungle of Irian Jaya in mid-1960s to liberate it from the Dutch colonial government.
To view Benny from one perspective only is to do him an injustice.
Financial Times - August 30, 2004
Shawn Donnan -- Leonardus Benyamin "Benny" Murdani, who died yesterday, was the architect of Indonesia's 1975 invasion of East Timor and from 1983 to 1993 served as first the head of the country's armed forces and then its defence minister.
The retired four-star general was a key figure in the rise of former president Suharto, who visited him in hospital on Saturday. According to human rights activists, he was also responsible for some of the worst atrocities during Suharto rule. Some 200,000 people are thought to have died in East Timor during Jakarta's repressive rule of the former Portuguese colony, which ended in 1999 with a UN-supervised referendum.
But because of his close relationship with Indonesia's current president, Megawati Sukarnoputri, Mr Murdani has more recently stood as an example of how, in the years since Mr Suharto's 1998 fall, many of the former regime's leading figures have continued to exert influence in a newly-democratic Indonesia.
Mr Murdani, a Catholic, was born in 1932 in central Java, beginning his military career in the elite commando unit, Kopassus. Although he was close to Indonesia's founding father, Sukarno, making a name for himself during Indonesia's 1962 invasion of then Dutch-controlled west Papua, his rise to the top came when Mr Suharto took power in 1966.
Under Mr Suharto, Mr Murdani planned and led the 1975 invasion of East Timor. In 1984, the year after Suharto appointed him armed forces chief, human rights activists allege he oversaw the killing of some three dozen Muslim activists during an anti- Suharto protest at Jakarta's port, Tanjung Priok.
Eleven soldiers were this month convicted for their involvement in that massacre. Mr Murdani was never charged. "Most Indonesians will remember [Mr Murdani] as someone who was very hostile to the Muslim community and political Islam," said Kusnanto Anggoro, a military analyst.
He was replaced as armed forces chief in 1988 and demoted to the defence ministry, where he served until 1993, after urging Mr Suharto to rein in his children's business activities.
Jakarta Post - August 30, 2004
Tiarma Siboro -- A true intelligence officer to the end, L.B. Moerdani left this world discreetly in the wee hours of Sunday morning, and a few hours later, one of the most feared and respected generals was buried at the Kalibata Heroes Cemetery in South Jakarta.
Gen. (ret) Leonardus Benyamin "Benny" Moerdani, former Armed Forces (ABRI) chief, passed away at 1:15 a.m. Sunday and was buried at the cemetery in South Jakarta in a military ceremony led by Indonesian Military (TNI) chief Gen. Endriartono Sutarto early Sunday afternoon.
Many of his former colleagues, including former state oil company Pertamina's president director Maj. Gen. (ret) A.M. Ramly and former battalion doctor and East Nusa Tenggara governor Maj. Gen (ret) Ben Mboy, also attended the ceremony. Benny, 71, is survived by his wife, one daughter and five grandchildren.
Benny was admitted to the Army's Gatot Subroto hospital in July due to lung problems after a stroke. His health deteriorated last week and he went into a coma on Saturday.
Early Sunday morning, Benny's body was taken to his residence on Jl. Hang Lekir, South Jakarta, where a religious ceremony was held.
Former president Soeharto visited the family home to pay his respects to Benny, who gained the trust of the president's inner circle's because of the his ability in intelligence-gathering.
Benny's body was later taken to the Army's headquarters in Central Jakarta, where Army leaders paid tribute in a modest ceremony led by Army Chief of Staff Gen. Ryamizard Ryacudu.
President Megawati Soekarnoputri and her husband Taufik Kiemas also went to the Army headquarters to express condolences.
Former president Abdurrahman "Gus Dur" Wahid and his wife Sinta Nuriyah also attended along with several senior Army officers including Gen. (ret) Wiranto. Soeharto's daughter Siti "Titiek" Hediyanti Hariyadi paid her last respects as well.
A number of government officials, including head of the National Development Planning Board (Bappenas) Kwik Kian Gie, Minister of Foreign Affairs Hassan Wirayuda and Jakarta Governor Sutiyoso, were also present at the ceremony.
Born in Cepu, Central Java on October 2, 1932, Benny joined the military soon after the war against the Dutch from 1945 to 1949.
Most of his military career was spent in combat and intelligence roles, making him the most influential figure among soldiers of the Army's Special Force (Kopassus). He was involved in a major operation for the control of West Irian Jaya (now known as Papua) in the early 1960s.
He also gained notoriety after he led a military operation to free hostages of a hijacked Garuda Indonesia aircraft in Bangkok in 1981.
Benny held ABRI's top post from 1983 to 1988 and it was under his tenure that the Army streamlined its military command at the provincial level from 13 to only nine. He also came up with idea to set the mandatory retirement age of soldiers at 55 in a bid to boost regeneration among soldiers.
"Indonesia has lost a great man, a patriot who worked beyond the call of duty," Harry Tjan Silalahi, a senior researcher at the Centre of Strategic and International Studies (CSIS) and a close friend, recalled.
Another confidante, Des Alwi, shared another memory when the two were assigned by Soeharto to hold diplomatic negotiations with the Malaysian administration to restore ties between the two countries, which had been severed following the confrontation policy of former president Sukarno in 1960s.
"At that time, Benny was an intelligence officer whose rank was only a major while I was a liaison officer at the Indonesian Embassy in Malaysia. But since he had to meet with Malaysian prime minister Tun Abdul Razak, the Armed Forces headquarters appointed him as a Colonel," he recalled.
Benny, however, will not likely be held up as hero by human rights activists, who claim that he had a hand in a series of bloody episodes, from the invasion of East Timor in 1975 to the Tanjung Priok shooting in 1984.
| Book/film reviews |
Jakarta Post - September 5, 2004
[The Invisible Palace: The True Story of a Journalist's Murder in Java, Jose Manuel Tesoro, Equinox Press, August 2004, Rp 139,000.]
Bruce Emond, Jakarta -- Some of us, most of us, perhaps, prefer to let painful matters slide, unconcerned about finding solace in the now hackneyed term of "closure".
Dredging up our past, especially about who did what in 1965-66, would be difficult to face, for it would mean taking a long, hard, perhaps mortifying look at ourselves (and the murderers among us). For others, especially the Petrus killings of hoodlums in the early 1980s, we probably don't care too much. But there are other cases of injustice that still prod the conscience, often involving individuals who took a stand, and were branded "rabble rousers", only to suffer the consequences.
One example is Fuad Muhammad Syafruddin, a reporter for a small Yogyakarta newspaper who was beaten to death outside his home, most likely for writing stories that infuriated the powerful, in August 1996.
Former Jakarta-based Asiaweek correspondent Jose "Joel" Manuel Tesoro is not letting Udin's case die. The Invisible Palace, launched last month, is an enthralling account of the investigation into Udin's death. Written in the narrative "nonfiction novel" style first used by Truman Capote in In Cold Blood, it vividly brings to life the facts of the story.
Tesoro is blessed with a cast of characters any pulp fiction writer would envy, among them the imperious local regent Sri Roso Sudarmo and a young, slick detective on the make, Edy Wuryanto, who morbidly totes a bag of Udin's blood around with him.
His colorful tableau is the heartland of Java, steeped in myths and superstitions, as the country hurtled inexorably toward Soeharto's exit from power.
But why choose Udin from all the other unsolved cases around, apart from the fact that he was a fellow journalist? "I wanted to do a crime story, first of all, and also because as I journalist I hadn't gone through the obituary-crime-police [newspaper] beats, as I had started working for Asiaweek almost immediately," said Tesoro, 31, who is currently studying law at Harvard but returned to Jakarta for the book launching.
"Secondly, I wanted the technical challenge of a crime story, which comes in both the reporting of it and the writing of it ..." Living in the cultural hub of Yogyakarta while conducting research also appealed to Tesoro, who majored in anthropology as an undergraduate at Yale.
The Filipino, who is the son of a lawyer and a leading expert on Philippine textiles, said he was seen as a "sympathetic ear" by those he interviewed (only Sri Roso and Edy refused to meet him).
"There's always a sense Asians can talk about certain things together, things that would be more embarrassing to discuss with Westerners or those who haven't lived in Asia for a while." He spent nine months in the area, but he said it was only "scratching the surface" in the effort to piece together the story of Udin's murder and its aftermath.
"I guess, naively, I thought it wouldn't be as bad for me [compared to Capote's drawn-out investigative saga], not that I went through any breakdowns doing it, but the amount of material that you have to go through, the people you have to meet, as well as the writing of it -- I really wasn't prepared for all the research." The Invisible Palace is sobering in its depiction of how leaders in parts of the country off the main radar of the media could keep an iron-grip on their citizens -- and sometimes get away with murder.
The tale revolves around Udin, but he is effectively gone by page 54, and then it becomes the compelling story of all of those affected by his death.
Although he has been held up as a martyr for the press, Udin comes across as a man simply trying to earn a living for his family, reporting on the dubious wheeling and dealings in the corridors of power without realizing the risks he was taking.
What in the West would be considered the search for the real story, for truth and confirmation, Tesoro said, became an unforgivable example of impertinence in Yogyakarta at a time of heightened political sensitivity.
Yet he was heartened by how the Yogyakarta community rallied around Iwik, the poor delivery driver shanghaied into confessing to the murder but eventually freed.
Eight years on, it's no open-and-shut case, with all the loose ends tidied up at the end of the book.
"There is no closure to this case. There are some people who hope this [book] reopens things, and we're going to get closure. But the point is to read and learn," Tesoro said.
"It kind of holds up a mirror to society and says that because things aren't finished, there'll always be questions that are never answered, so you're never going to get the truth of things. And, in a sense, then, you don't really know where you stand." Life moves on: Udin's widow, Marsiyem, who attended the book launching in Jakarta, has remarried; Iwik is back to driving a minibus and Sri Roso lives quietly with his family, the cloud of suspicion shadowing him on the rare occasions he goes out in public.
The Invisible Palace may not change our preference to leave things hanging, but at the very least it acts as a nagging reminder about the guilty who still walk the streets.
"Somewhere out there is a murderer who got away with what he did," Tesoro said. "And somewhere out there is the person who paid this murderer to do it ..."