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Indonesia News Digest No 10 - March 3-9, 2005

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 Aceh

Indonesia softens stance on UN body in Aceh

Sydney Morning Herald - March 9, 2005

Matthew Moore, Jakarta -- The Indonesian Government has decided staff of the United Nations High Commissioner for Refugees will be allowed to remain in Aceh province after March 26 to continue reconstruction work helping victims of the tsunami.

The Indonesian minister co-ordinating the relief effort in Aceh, Alwi Shihab, met yesterday with the commission's regional representative, Robert Ashe, to inform him his staff could stay in Aceh despite comments by the Aceh police chief last week they would have to leave the province.

A spokeswoman for Mr Shihab said that although the agency mainly worked with refugees, and the tsunami victims were not refugees, it could stay in the province where it has $60 million to spend on reconstruction.

"They will be there, not under their normal mandate, but they will be continuing in a valuable and vital way. They have been assured they will continue," the spokeswoman said.

Mr Ashe welcomed the Indonesian Government's decision but said he was not yet clear on whether the March 26 deadline would bring changes to their operation.

"We are encouraged by the statement made by Mr Shihab in the meeting this morning but we are still awaiting formal notification about how our support for the Government's reconstruction efforts will be put into practice."

The decision over the UN agency came as the Indonesian Government announced it was reviewing as many as 300 foreign aid groups estimated to be in Aceh to decide which could remain past March 26, when the reconstruction phase officially begins.

While the Government was extremely grateful for the contribution of the aid groups, it now wished to take more responsibility itself for the rebuilding, Mr Shihab's spokeswoman said.

Smaller agencies would be asked to end their aid efforts "unless they can show demonstrably they are contributing in a vital way to the reconstruction process, in a way in which the Indonesian Government could not do," the spokeswoman said.

The UN had been asked to inform the Government what work different agencies were doing before decisions were made.

Mr Shihab's spokeswoman said organisations that could stay in Aceh would include "those that have an agreement with government agencies or some association with UN agencies".

Acehnese demand greater public participation

Jakarta Post - March 8, 2005

Apriadi Gunawan, Medan -- A group of people, claiming to be representatives of the Aceh people, stepped up pressure on the government on Monday to review its blueprint on post-tsunami rehabilitation and reconstruction of Aceh.

During a meeting in Medan, they also voiced demands for greater public participation in the development of the blueprint, slated to be made public by the middle of March.

"The government has missed many points in the making of the blueprint. The blueprint has to be reviewed," said Achmad Humam Hamid, chairman of Aceh Recovery Forum Action Committee, during a seminar held by the Aceh Recovery Forum in Medan.

The two-day seminar was attended by some 270 people including Muslim ulema, scholars, students, businessmen, non-governmental organization (NGO) activists and victims of the tsunami.

According to Hamid, the blueprint failed to live up to people's expectation because it did not involve the people of Aceh in the rehabilitation and reconstruction projects. The government had thus treated Acehnese as objects, instead of subjects, of the programs.

Muslim Ibrahim, chief of Aceh's Ulema Consultative Assembly, said that the government's rehabilitation and reconstruction plan did not emphasize Islamic culture. "There is too much emphasis on Indonesian secular culture in the blueprint", he said.

"This development model goes against the culture of Acehnese, which has long been known as a religious community. I doubt that Acehnese will accept the blueprint when it is launched in March," said Muslim.

Aceh ulema had earlier put similar demands to the government in Banda Aceh, but it seemed that they were being ignored, said Muslim.

Meanwhile, director of True Partners of Indonesian Women, Syarifah Rachmatillah, said that, in general, the blueprint failed to promote women's concerns in Aceh.

The blueprint does not mention the construction of facilities that support women in carrying out public activities, such as women's prayer gatherings.

The government should have included plans to build small mosques that allow women to conduct such public prayers, said Syarifah, who is also a member of Aceh provincial General Elections Commission (KPU).

The blueprint also failed to clearly understand the roles of women in the rehabilitation and reconstruction of Aceh.

Despite the protests, a government official said in defense that the government was still open to public participation in the development of the blueprint.

Tatag Wiranto, deputy chief of the National Planning and Development Body (Bappenas), said that the government was open to all input. All the input will be discussed on March 11 and 13 in Bogor, before the blueprint is presented to President Susilo Bambang Yudhoyono on March 15.

Tatag, deputy chief for regional autonomy and regional development at Bappenas, said that the rehabilitation and reconstruction projects will cost the state between Rp 40 trillion and Rp 50 trillion over five years. The money will come from donors and the state budget, he said.

The money will be used to finance the construction of public facilities and housing, among other things, said Tatag.

Aceh fishermen reject resettlement program

Jakarta Post - March 9, 2005

Nani Afrida, Banda Aceh -- Hundreds of people from 14 villages in Aceh Besar regency and Banda Aceh municipality gathered in Lam Isiek village here on Tuesday to pledge to rebuild their homes, which were destroyed by the tsunami.

The villagers, who have formed a joint team (udeep beusare), said they would not live in government camps for internally displaced people but seek assistance from other parties. "The team will collect aid and coordinate the reconstruction project," Addil, a representative of Kampung Pie hamlet said.

Wardah Hafidz of the Urban Poor Linkage (Uplink), which has offered survivors advice and support, said the villagers, who are mostly fishermen, cannot be relocated far from the sea.

"We will rebuild their houses, bridges and other infrastructure using funds from donors. They are determined to return to their villages as the government is not ready with its blueprint for the reconstruction of Banda Aceh and Aceh Besar. They cannot wait," she said.

The villages were inhabited by 30,000 people before the disaster, but only around 10 percent of their joint population survived.

A village head, Zulkifli, said rebuilding the villages was a better solution than staying in shelters. "We are hard workers. We can't live in shelters. If the government wishes to help us, please give us boats," he said.

Earlier, acting Aceh governor Azwar Abubakar said that as many tsunami survivors preferred to rebuild their homes the construction of some shelters would be suspended until further notice.

"We made this decision after learning that many residents, particularly fishermen, wish to return to their villages," Azwar said.

The provincial government has been building 400 temporary shelters for around 56,000 people, only to find that few are willing to stay there. The construction of 200 more shelters will follow.

"Because many shelters remain uninhabited. we have no choice but to ask the public works agency to suspend the construction of some other shelters, otherwise it will be a waste of money," Azwar said.

The acting governor admitted that limited water supply, electricity and poor sanitary facilities, including lavatories, were other reasons why the displaced people were not keen to move into the shelters.

"We are not going to prevent them from returning to their villages. But they will not receive our assistance until we complete the construction project," he said.

A shelter has 12 bedrooms and costs Rp 200 million (US$21,500) to build. Five shelters are located within a block, which is equipped with 20 lavatories, five public kitchens and a multi- purpose hall.

The size of each shelter varies from between 36 square meters and 54 square meters. They are made of plywood with a zinc roof and are expected to last for two years.

The public works agency has denied allegations of corruption in the project.

"There was no mark up. The shelters are expensive to build as we have to bring in materials and workers from outside Aceh," Totok Pri, a public works ministry official, said.

Earlier, the Peaceful Aceh Sans Corruption (ADIK) corruption watch criticized the government for not revealing the source of funds for the shelters. It said the project was prone to corruption as the government could use foreign aid but claim the project was funded by the state budget.

ADIK activists have also reported cracks in the foundations of some shelters, which could mean that an insufficient proportion of cement was used.

Children in camps prone to illegal adoption

Jakarta Post - March 7, 2005

Jakarta -- Despite the government ban, out-of-court adoptions of children living in refugee camps across tsunami-stricken Aceh remain a cause for concern and could actually be child smuggling, a children's commission says.

Most recently a six-year-old boy Faisal and his four-year-old sister, Ida, were taken by a woman who identified herself as the children's aunt from their camp in Lhok Nga, Leupung subdistrict in Banda Aceh.

"The woman has disappeared along with the children. We can't trace her since she did not leave any identity documents," said Dina Kania of the National Commission for Child Protection (Komnas PA) as quoted by Antara on Sunday.

The woman said she would take the children to their mother. The tsunami that devastated Aceh on December 26 last year had separated the children from their parents.

Dina said the incident became clear after a man who said he was the biological father of the two children arrived in the camp to take them several days later.

Similar such cases had been reported in several other refugee camps across Banda Aceh, Dina said.

She said people who wished to adopt orphaned children must register with camp coordinators to allow the latter to monitor the whereabouts of the children.

"Many of the children are being taken care of by older children who have also lost their parents in the disaster. They are also facing a lack of food," Dina said.

Baby food was a luxury in the province, another commission member, Nurbani, said.

She said many babies living in refugee camps were fed instant noodles or other adult foods due to a lack of milk and porridge.

Nurbani, who oversees the Kede Meriah refugee camp in Aceh Besar, said the lack of nutrition among children needed urgent addressing. "One scrambled egg must be divided to feed between five and eight children," she said.

The Ministry of Social Affairs and the House of Representatives have promised to donate nourished food to the children, but Nurani said the pledge had not materialized. "They promised to provide 400 grams of rice for each person but it was only empty talk. Most of the people living in the camps only eat instant noodles, including the children," Nurbani said.

Volunteers who help refugees in Lhok Nga and Sigli also found children who had eaten instant noodles regularly for quite a long time due to the absence of other foods. The volunteers urged the government to take immediate measures, otherwise the children would suffer malnutrition, they said.

Don't kick out foreigners: Aceh victims

Jakarta Post - March 5, 2005

Tiarma Siboro and Nani Afrida, Banda Aceh -- Survivors of last December's tsunami asked the Aceh authorities on Friday to review their new policy of restricting the number of foreigners who have been helping them after the devastating catastrophe.

On Thursday, the National Police's Aceh Task Force announced that foreigners working for some organizations under the United Nations, non-governmental organizations and the media would be required to leave Aceh by March 26 because their presence would be "no longer relevant to the current situation" here.

The International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees are among the UN agencies on the "please leave" list. However, the victims of the disaster said the government should allow these organizations to stay longer in Aceh as they had provided them with proper housing areas and job opportunities.

Syamsuddin, 50, a villager from Lampuuk in Lhok Nga, Aceh Besar, said he was happy working for IOM and hoped he could live at one of the houses it is building.

"I lost most of my family members and have to live here as a refugee. Thank God that IOM came with their project, so I can work as a construction worker," said Syamsuddin, who is now sheltering in Tinkeum Lampuenerut in Banda Aceh. He said he is paid Rp 50,000 a day by the organization.

"I prefer to stay at this house, instead of living at the barracks [set up by the government]. I hope the government will allow IOM to stay here. There is no clean water nor sanitation at the barracks," he told The Jakarta Post.

IOM spokesman Paul Dillon said his organization had started building houses complexes for internally displaced persons (IDP) in several areas in Banda Aceh. Under the project agreed by the government late in January, IOM planned to construct some 11,000 earthquake-resistant houses for around 60,000 tsunami victims, he said.

"At that time, Mr. Alwi Shihab, who was responsible for the Aceh Disaster Mitigation Board, asked us to build houses for the people. We agreed with the proposal," Dillon said. Alwi is also the Coordinating Minister for People's Welfare.

"As the projects are going on, I wish we can stay here to finish the job," Dillon added Two IOM projects are located in the Lagang and Tinkeum villages, all in Banda Aceh, and largely involve local people as construction workers.

A 36 square meter temporary house designed by IOM can be built within two days and is easily taken down. Refugees could stay in the houses, pending the government-sponsored relocation and resettlement programs expected to start this year. State data shows about 400,000 Acehnese people lost their homes to the tsunami.

Another disaster victim, Umar Dhani, 34, said he and other Acehnese residents would be willing to join the relocation program, only if they were moved to places providing minimum requirements for public housing.

Earlier, Brig. Gen. T. Ashikin, the police's Aceh task force chief, said the IOM and UNHCR had no competency to continue working in Aceh. There were "no refugees" nor "migrants" in the area, but rather internally displaced people (IDPs) -- a problem that the government should deal with, not foreigners, Ashikin said.

Indonesia claims kills 30 rebels; truce uncertain

Associated Press - March 5, 2005

Jakarta -- Indonesia's military said Saturday it killed 30 separatist rebels in tsunami-ravaged Aceh province in the space of a week. The development threatened a fragile truce agreed on after the Dec. 26 natural disaster.

A rebel spokesman alleged most of the 30 were unarmed villagers caught up in army sweeps. A top Indonesian commander, meanwhile, reportedly accused the rebels of lying during ongoing peace talks.

The flurry of claims indicate the post-tsunami informal cease- fire is not sticking, and underlines the obstacles to a lasting peace in the region, wracked by fighting between government troops and a small separatist army since 1976.

The military also said it confiscated 29 weapons in the final week of February. It gave no more details on the killings, only a handful of which were reported at the time.

Rebel spokesman Muksalmina said only 15 insurgents had been killed since the Dec. 26 tsunami and that the rest of the victims were innocent villagers.

"This figure is just not true," he said by a cell phone from an undisclosed location. "Every day the army slaughters the people of Aceh who sympathize with our struggle. Even simple villagers who don't know anything are killed."

The tsunami killed more than 120,000 people in Aceh and left some 400,000 people homeless. The scale of the disaster led to new peace talks amid fears the conflict could disrupt international aid efforts. Humanitarian workers say their operations are so far unaffected by the fighting in the province, rich in gas and oil.

The latest round of talks, being held in Finland, ended with the rebels stating they were prepared to shelve their demand for independence in exchange for greater self-government and a guarantee the military would withdraw.

Aceh military commander Maj. Gen. Endang Suwarya said he doubted the rebels would keep their word, Kompas daily newspaper

"The facts on the ground show GAM have bad intentions," he said, using the Indonesian acronym for the Free Aceh Movement. "They are attacking the military, civilians and humanitarian workers,"

The government says it hopes the latest round of talks can lead to a peaceful settlement. But sections of the country's powerful military are known to be opposed to any deal. The army currently controls Aceh as its own fiefdom and runs scores of legal and illegal businesses there.

Jakarta threat to UN agency's role in Aceh

Financial Times (UK) - March 5, 2005

Shawn Donnan, Jakarta -- Indonesia is considering asking the UNHCR to leave Aceh by the end of this month, saying the United Nations refugee agency may have outlived its usefulness and may be straying outside its mandate in the tsunami-stricken province.

An Indonesian foreign ministry spokesman said yesterday Jakarta was conducting a "case-by-case" review of relief organisations operating in Aceh to decide whether they could stay beyond a March 26 deadline. But the spokesman, Marty Natalegawa, singled out the UNHCR as an example of groups that may be asked to leave.

"We are now looking at the UNHCR presence in Aceh beyond March to rationalise what exactly the services are that the UNHCR provides," he said. "We are absolutely delighted and thankful of what they've done in Aceh. But as things become stabilised... we need to rationalise."

Indonesia has long restricted access by foreigners to Aceh, the site of a decades-old separatist conflict that has generated allegations of human rights abuses by both security forces and rebels.

The government opened the doors to the province to facilitate rescue efforts following the December 26 tsunami disaster, which left more than 230,000 people in Aceh either dead or missing.

But Jakarta has in recent weeks slowly begun restricting access again. Last month it began requiring all foreigners in Aceh to register with police and wear special identification.

Authorities have said they plan further restrictions in the future and this week they also denied entry to the country to a noted Australian academic expert, Edward Aspinall, who was travelling to Aceh to work on tsunami relief.

Mr Natalegawa said the government was concerned the UNHCR's presence in Aceh might fall outside the agency's mandate as there were technically no refugees in the province. Robert Ashe, the UNHCR's regional representative in Jakarta, said the agency was seeking clarification from the government on its status in Aceh.

Bo Asplund, the UN's senior official in Indonesia, said the issue of access to Aceh by the UNHCR and others would be raised during next week's visit by Margareta Wahlstrom, UN Secretary-General Kofi Annan's special envoy on tsunami relief.

The UNHCR's response in Aceh had been unusual, Mr Ashe said, because it involved a natural disaster zone, something the body was usually not involved in. But the agency had been planning to stay until at least the end of the year to help reconstruction efforts, having raised almost $60 milion from donor countries to fund the rebuilding of communities.

Mr Ashe said all of that was now on hold. "Clearly we have to clarify what the future of our operation is in Aceh," he said.

Self-government on the cards for Aceh?

Tempo Magazine - March 1-7, 2005

The end of the meeting was described as warm and full of understanding. One day before the end of the talks, the Prime Minister of the Free Aceh Movement (GAM) gave a speech. His voice was calm and measured. He spoke on behalf of Teungku Hasan di Tiro, the "honorable head of state," now based in Sweden.

"We firmly believe, that with patience and wisdom, we can find a way out," he said on Tuesday of last week in Helsinki, the capital of Finland.

From the Indonesian side, Justice & Human Rights Minister, Hamid Awaluddin was also pleased. He attended along with Information and Communication Minister, Sofyan Djalil. Waiting outside were the Coordinating Minister for Political, Legal & Security Affairs, Widodo A.S., as well as the commander of the Army Command and Staff Training School, Maj. Gen. Syarifuddin Tippe. Those two formed part of the Indonesian delegation, but took no direct role in the negotiations themselves.

This was the second time they had met, following a similar meeting between the two parties in the same city at the end of last January. For three days-Monday through to Wednesday-former president of Finland, Martti Ahtisaari, brought the two parties back to the negotiating table. As Chairperson for the Crisis Management Initiative, a liaising body for this informal dialog, Martti went to great lengths to find some common ground for the two groups. "We're looking for a comprehensive solution to the conflict in Aceh," he said.

The meeting ended on the third day, with everything still in the thawing out process and no official agreement, as yet. From the start, the meeting had been aimed more towards finding common ground between the Indonesian government and GAM. In the wake of the devastating tsunami, both parties are keen on ending the armed conflict peacefully. There was one agreement met however: there is to be a follow-up meeting, scheduled for this coming April 12-17.

The road to the next meeting has certainly been left open. The problem is, according to Martti, time will be needed to get to the heart of the issues as well as finding a willingness to move towards more sensitive discussions. In the interests of success, Martti has also warned: "I would ask all those involved to exercise some self-control in the field."

This second meeting has certainly not been in vain. According to Martti, there was ample opportunity for a number of issues to be discussed seriously. An example was the question of amnesties and other mediums, providing useful tools in facilitating such agreements. Then there was the matter of regulating security, as well as the overseeing of the carrying out of commitments and a suitable schedule. The most interesting thing was the offer of special autonomy. It seems as though GAM does not reject outright this offer from Indonesia.

They have merely come up with an alternative proposal for "self- government." The idea of self-government has jolted many parties. It could be described as a change in direction for GAM's diplomatic policies. What is more, up until now the public have always known GAM to be unwavering in its demands for complete independence since 1976. Wanting a compromise in the form of autonomy has been unheard of. Are they really softening?

"Don't get the wrong idea," said Nur Djuli, one of the negotiators for GAM taking part in the discussions. According to Djuli, they were handing the option of self-government as a type of "political enlightenment" in order to prevent the talks from stalling or breaking down. For a long time now, he said, these two parties have faced huge obstacles in their path to the negotiating table.

It has been a clash of ideals -- GAM has not been prepared to accept autonomy, while Indonesia has always refused to let Aceh go.

Djuli said that this proposal would prevent the dialog from hitting any more brick walls. But their proposal does not mean they have totally given up on the idea of independence. By the same token, it does not mean that Indonesia will toss out the notion of special autonomy. "We're putting aside the things we can't agree on and looking for alternatives," said Djuli.

This dialog has been governed by the principle of there being no genuine agreement until everything has been agreed upon. It means that even just one thing being rejected could doom the entire dialog to failure. At the press conference, GAM spokesperson, Bachtiar Abdullah, said diplomatically that even the instigation of the concept of self-government itself "would depend on the wishes of the Acehnese people themselves."

But isn't self-government just the same as special autonomy? Djuli disagrees.

GAM views special autonomy as being the status quo. According to Djuli, the concept of autonomy leaves behind it a trail of violence as well as heavy corruption. Nonetheless, independence is not a viable discussion option for these talks, at this point. That idea has always been categorically rejected by Jakarta. Hence the talk of self-government has surfaced. "This proposal does not come from Indonesia," Djuli insists.

Coordinating Minister Widodo admits the need to study the actual meaning of the proposal. "Maybe it carries with it a semantic logic or technical term," he said on Friday of last week in Jakarta. According to Widodo, there is still a large degree of difference in interpretations of the substance of special autonomy, as implemented in Aceh. For Indonesia, he says, autonomy is no longer merely a technical term, but in fact a legal product. Nonetheless, Widodo admits to a positive outcome from the dialog in Helsinki. GAM's proposal for self-government has also been reported to the president.

To journalists, President Susilo Bambang Yudhoyono has admitted to having received a report from Helsinki. "Developments are becoming more and more positive," Yudhoyono stated at the presidential palace, on Thursday of last week. He was referring to the fact that there had already been serious discussion at the dialog, namely on special autonomy, the ending of the conflict, amnesties and similar matters. "Quite frankly, I really would like an immediate end to the conflict in Aceh, which has been going on for 29 years," the president said.

But there are still signs of suspicion and mutual distrust. In addition, GAM took the opportunity to use "foreign advisors" in Helsinki. Minister Widodo also voiced his objections to Martti. They do not want meddling from other parties at future upcoming negotiations, whether non-government institutions or whoever.

Within the GAM ranks was Damien Kingsbury, political expert from Deakin University in Australia. "He wasn't part of the delegation, but merely serving as our political advisor," stated GAM spokesperson, Bachtiar Abdullah.

Apart from Damien, Bachtiar also had the opportunity to introduce another delegate to the team in the form of Vlacy Vlaszna, a doctor from Australia.

For his part, Damien admitted to being invited by Malik Mahmud to assist with input for GAM during the negotiations. "I wasn't a negotiator, merely an advisor," he asserted. His aim was to help GAM find a peaceful and democratic way out of the conflict for Aceh. Damien said that he had diligently reminded GAM to be cooperative at the negotiations. "I am not an enemy of the Indonesian government," he said.

Nor was Damien particularly concerned with whispering in the ears of GAM during the proceedings. "I only met with them at breaks," Damien said.

He was more often in the room outside, awaiting the GAM delegation at the conclusion of sessions. He agreed with the proposal for self-government. He said that the concept provided some breathing space for the Acehnese people in self- determination, while at the same time protecting the integrity of the nation of Indonesia.

According to Nur Djuli, with the concept of self-government, the political improvisation of both parties can be accommodated. He said it was the job of negotiators to deliver this proposal back home. Furthermore, there was no need for anyone to feel intimidated, as the idea was still in its infancy. Should it be blocked in the House of Representatives (DPR), it will be the end of the idea too. On the other hand, if the idea is rejected by GAM in the field, it will also spell the end for the concept. He denies the notion that the matter of self-government is nothing more than political deception. "How long could we succeed in fooling the public, they'd know what was going on for sure," he stated.

If what Djuli said is true, then it does indeed amount to a significant change on GAM's part. But political observer from the Center for Strategic & International Studies, Kusanto Anggoro, is of the opposite view.

According to him, GAM's demands have not weakened. Maybe they just look more tactical. He said that for a group of rebels, "It's the minimum demand, short of independence." Self- government, said Kusanto, would be merely a stepping-stone towards outright self-determination, alias a referendum.

This is just the first stumbling block. In Jakarta, obstacles in the way of Helsinki phase two have already begun appearing. From the DPR, for example, have appeared accusations from Effendi Choirie, member of the DPR's Commision I.

In his view, negotiations with GAM are doomed to failure. Effendi labelled it a consequence of less than effective military operations in Aceh. "The GAM leaders are yet to be captured," he insisted. He said that in the near future, the DPR would question the government about the Helsinki talks.

After being devastated by the tsunami, the last thing Aceh needs now is to be plunged back into war. (Nezar Patria, Yuswardi A. Suud.)

Foreigners presence in Aceh to be limited

Jakarta Post - March 4, 2005

Tiarma Siboro and Nani Afrida, Banda Aceh -- Acehnese are set to bid farewell to thousands of foreigners who have been sharing their tribulations following the tsunami catastrophe.

Starting March 26, only a limited number of foreigners will be allowed to stay, the National Police's Aceh task force announced on Thursday.

Foreigners working for organizations under the UN, non- governmental organizations and media will have to leave the province as their presence will be no longer be "related to the current situation" here.

The UN agencies on the exit list include the International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR).

The World Health Organization (WHO), United Nations Educational, Scientific and Cultural Organization (UNESCO), United Nations Children and Education Fund (UNICEF) and the Food and Agriculture Organization (FAO) will maintain their presence, as will volunteers conducting humanitarian relief.

"I guess the UN acknowledges that even though the disaster has caused massive destruction here, there are no refugees nor migrants but rather internally displaced people (IDP). Therefore, we will review the presence of IOM and UNHCR here because it is the government that must deal with the IDPs," task force chief, Brig. Gen. T. Ashikin, told a press conference.

Foreigners who are not subject to the limitation have to register with the police by March 26, he added.

"It is been understood that UN members have to allow humanitarian relief missions to freely enter disaster-stricken areas even without having a visa on arrival. We [the police], however, have the authority to monitor whether or not their activities have anything to do with the situation in Aceh," Ashikin said.

Currently, no less than 140 NGOs from 83 foreign countries are operating in the province following the tidal waves that swept over nearly one third of Aceh's area and killed no less than 140,000 people. Since registration opened 10 days ago, about 820 foreigners have reported their presence to the police.

The state of civilian emergency is officially still in place until May 19 despite the disaster.

Aceh Police chief Insp. Gen. Bachrumsyah Kasman, who is the acting Aceh administrator, said the police would also limit the movement of foreigners helping tsunami survivors "for the sake of their own safety".

 West Papua

Papuans woefully unprepared for local elections

Jakarta Post - March 8, 2005

Nethy Dharma Somba, Jayapura -- The provincial offices of the General Elections Commission (KPUD) in Papua said they were unprepared to organize the direct elections for regional heads in June due to limited preparation time.

A member of the Papua KPUD, M. Musa'ad, told The Jakarta Post there were still some regency councils in the province that had not yet elected their speakers -- and gave the example of Tolikara regency.

Regency and municipal councils in Papua have not convened on their budget hearings and therefore have not yet allocated funds for the election, he explained.

In addition, the population affairs offices in each of the local administrations have still not completed the necessary data on the number of eligible voters, despite a February 28 deadline.

Election materials, which should have been produced in Papua, are still not available because the equipment needed to produce them have not been provided.

"We have decided during the technical working meeting to hold both the local elections at the same time as the gubernatorial election, which was earlier slated for November," he said.

"Organizing them both simultaneously will be more cost-effective as expenses can be reduced from 30 percent to 40 percent," he explained. The 21 KPUD offices' inability to organize the election was disclosed in a motion on February 26.

It has been reported that Rp 175 billion (about US$20 million) would be required just for the gubernatorial election. The money is to fund three substantial components: Rp 55 billion for salaries of the election workers, Rp 58 billion for equipment and other services and Rp 62 billion for operational expenses.

"That is just the cost for the gubernatorial election. If both the elections [gubernatorial as well as regency/municipality elections] were to be combined, it would at least reduce the cost for workers' salaries and operations," he explained.

Musa'ad added that they would discuss the problems encountered by the KPUD offices with Papua Governor JP Salossa.

"But if the governor is still persistent in holding the elections in June, then every local administration must be totally involved in making the election a success without waiting for the regional budget sessions to allocate funds for the elections," he said.

 Military ties

US back in step with Indonesia

Asia Times - March 3, 2005

David Isenberg, Washington -- The news that the United States is lifting its ban on military assistance to Indonesia, announced last Friday, reminds one of a famous saying by American writer Gertrude Stein. When Stein returned to California on a lecture tour of the United States in the 1930s, she wanted to visit her childhood home in Oakland. She records that she could not find the house. Hence, "there is no there there".

Much the same could be said about the so-called "ban" on military exports to Indonesia; it has long been apparent that there was less to the ban than meets the eye.

In one of her first acts as secretary of state, Condoleezza Rice decided to restore Indonesia's full International Military Education and Training (IMET) program after determining that authorities in that country now are cooperating with a Federal Bureau of Investigation (FBI) probe into the August 31, 2002 murders of an Indonesian and two American employees of the mining giant Freeport McMoRan during a military-style ambush in Timika, West Papua province.

Once the official certification takes place, Indonesia will be eligible to receive US$600,000 to participate in the IMET program, from which it has been barred since 1992 after army troops massacred peaceful demonstrators in East Timor.

Indonesian cooperation resulted in the June 2004 indictment by a US court of Anthonius Wamang, an Indonesian citizen and member of a Papuan separatist group, on charges of murder, attempted murder, causing serious bodily injury and possessing illegal firearms.

But some outside groups question whether Wamang, who remains at large, is being used as a fall guy to protect those higher up. According to local human-rights defenders, Wamang has extensive ties to the Indonesian military (TNI) as a business partner of Kopassus, the Indonesian army's notorious special forces. In an August 2004 television interview with the Australian Broadcasting Corporation, Wamang said he got his ammunition for the attack from TNI personnel, and he has told the FBI and local human- rights groups that these officers knew he was about to carry out an attack on the Freeport concession.

A statement put out by the East Timor Action Network noted, "In recent years Congress has maintained only one condition on full IMET cooperation by Indonesian authorities with an FBI investigation... but cooperation by Indonesia has been spotty at best. The sole suspect indicted so far by a United States grand jury remains at large in Indonesia. His military links, which appear to be extensive, seem to have hardly been examined. Military stonewalling of the investigation into the ambush will undoubtedly intensify." Notably, Wamang does not face charges in Indonesia.

Rice's action hardly comes as a surprise. After her confirmation hearings, Rice told Congress that the George W Bush administration was "currently evaluating whether to issue the required determination". But she was crystal clear on her position on the training funds. "IMET for Indonesia is in the US interest," she said in a written response to questions posed to her by Senator Joseph Biden, a Democrat from Delaware. The program, she added, will "strengthen the professionalism of military officers, especially with respect to the norms of democratic civil-military relations, such as transparency, civilian supremacy, public accountability and respect for human rights".

Indonesia still has progress to make in the field of human rights, however. According to the State Department's annual Country Reports on Human Rights Practices, released on Monday: The [Indonesian] government's human rights record remained poor; although there were improvements in a few areas, serious problems remained. Government agents continued to commit abuses, the most serious of which took place in areas of separatist conflict. Security force members murdered, tortured, raped, beat, and arbitrarily detained civilians and members of separatist movements, especially in Aceh and to a lesser extent in Papua. Some police officers occasionally used excessive and sometimes deadly force in arresting suspects and in attempting to obtain information or a confession. Retired and active duty military officers known to have committed serious human rights violations occupied or were promoted to senior positions in the government and the TNI.

Similarly, last September New York-based Human Rights Watch released a report that found Indonesian security forces in Aceh were systematically torturing detainees suspected of supporting the armed separatist Free Aceh Movement (GAM).

Nevertheless, the decision to restore IMET training also caps a quiet lobbying campaign by top Pentagon officials led by Deputy Defense Secretary Paul D Wolfowitz, a former US ambassador to Indonesia who has openly advocated the view that Congressional restrictions on military-to-military contacts with countries such as Indonesia were hurting American interests more than helping them.

In January, Wolfowitz visited tsunami-devastated Aceh province, where more than 120,000 people were killed by the waves. On his return, Wolfowitz urged Congress to re-evaluate the IMET restrictions. "We can have more positive influence that way," he told PBS's Online News Hour.

Australia, which did not completely sever ties with Indonesia in 1999, may use the US decision to speed up the full restoration of its links, including those with the Kopassus special forces. Australian Defense Minister Robert Hill "welcomed" the US decision, a spokeswoman said. Canberra wants to renew counter- terrorism training for the 5,000-strong Kopassus unit, which allegedly backed and covertly armed the pro-Jakarta militia in East Timor.

New Zealand, on the other hand, which like the US also froze military cooperation with Jakarta in 1999, said it was not ready to follow the American lead, because no Indonesian troops had been brought to justice. "We had mass devastation and multiple killings, but nobody was found to be responsible," Foreign Minister Phil Goff said. "We would like to see those responsible held to account."

The reality of restrictions

Restrictions on the IMET training program first were imposed after the massacre of civilian protestors in Dili, East Timor, in 1992. These restrictions were maintained after Indonesian security forces and militia carried out devastating attacks in East Timor in 1999 in the wake of the August 1999 UN-sponsored independence referendum that left at least 1,500 people dead.

More recently, restrictions imposed by Washington were tied to findings that the Indonesian military had not sufficiently cooperated in investigating the murders in Papua. Certifying that Indonesian authorities were cooperating with the FBI probe was critical, as the US Congress had made cooperation a key condition for Indonesian access to US military training for its officers.

But the reality is that some military relations between Indonesia and the US have been going on without interruption. Even IMET has not been fully frozen. Data on the State Department's website show that Indonesia received $599,000 in IMET funding in fiscal year 2004.

In addition, Indonesian officers have participated in the Counter-terrorism Fellowships Program (CFP) at the National Defense University in Washington, DC. (The CFP for Indonesia is the world's largest. The amount allocated to the program in fiscal year 2004 was $500,000, and $600,000 has been allocated to the program for 2005.)

They also participate in the US Army's Theater Security Cooperation Program. (Indonesian participation has increased from zero events in 2000 to more than 85 events in 2004, and more than 132 events have been programmed for fiscal year 2005).

Training in topics such as human rights and resource management is still available to Indonesian officers through the Expanded IMET program, and non-lethal military equipment for humanitarian purposes, such as relief work after the tsunami, is also already available to Indonesia.

Writing in the Washington Post on February 12, US Senator Patrick Leahy, the architect of the 1999 restrictions, noted, that Indonesia's "inability to participate in the one training program covered by our law is symbolic".

And as an article in the conservative US magazine the Weekly Standard noted, if full IMET is restored, other programs will likely follow, such as the Joint Combined Exchange Training (JCET), which was halted by the Bill Clinton administration after revelations that the Pentagon used it to circumvent the congressional ban on IMET funding. In her 2003 book The Mission, the Washington Post's Dana Priest found that the US had held 41 training exercises with the Indonesian military between 1991-98.

Once IMET resumes, there will be only one military restriction left on Indonesia: selling of lethal military equipment. And while legislation currently prohibits the US from selling weapons to Indonesia, that may not continue in the future.

Information entered into the Congressional Record on February 1 regarding the Foreign Military Sales (FMS) program noted that while it remains frozen by US government policy, there are still 38 active cases with an FMS balance of $3.5 million. And though Foreign Military Financing and other grant programs, such as eligibility for Excess Defense Articles, remain restricted by legislation, $11.3 million is requested for fiscal year 2006.

As for direct commercial sales, US government policy has established "carve-outs" for specific categories of defense hardware, such as C-130 spare parts, non-lethal equipment, and "safety of use" items for lethal-end equipment, such as propellant cartridges for ejection seats on fighter aircraft. The Defense Security Cooperation Agency released $928,709 from FMS funds in January for tsunami relief/repair of C-130s. In fact, Indonesia has been allowed to buy these parts since 2000, but Indonesian officials repeatedly misrepresented their availability in an effort to get the US to remove all restrictions on weapons sales to Indonesia.

Even though the ban has not been the hardship it was made out to be, Indonesian officials still have lobbied for its removal.

Indonesia's new president Susilo Bambang Yudhoyono, a former general and graduate of the IMET program, sought to clear the way for the lifting of the ban. He recently reshuffled Indonesia's top brass in preparation for US-educated army chief Djoko Santoso to take over the military in place of heir apparent General Ryamizard Ryacudu.

Aside from the longstanding desire on the part of both the US and Indonesian militaries to restore full military relations, the move to restore IMET is also influenced by the Bush administration's "war on terror". Supporters say Indonesia could be a more central ally in fighting terrorist networks, including Southeast Asian groups linked to al-Qaeda.

Many military observers think the Indonesian air force and the navy need to be modernized to boost security in the Malacca Strait, which carries one-third of the world's trade and half of its oil supplies; oil tankers are often said to be a potential terrorist target. Some security forces fear terrorists could hijack a tanker and use it as a floating bomb in a maritime version of the September 11, 2001, attacks on the United States.

On top of the issue of military aid, Indonesia is seen in Washington as the model for a moderate Islamic state and a model for other Muslim states as well, a condition that has earned it enthusiastic support among many circles in Washington.

[David Isenberg, a senior analyst with the Washington-based British American Security Information Council (BASIC), has a wide background in arms control and national security issues. The views expressed are his own.]

TNI asks for IMET program without conditions

Tempo Interactive - March 4, 2005

Jakarta -- Indonesian Military (TNI) Commander General Endriartono Sutarto has welcomed the resumption of the International Military Education Training (IMET) program by the US government.

However, Sutarto requested the US government not to burden the program with conditions that would "disturb the national dignity" of Indonesia.

"We are grateful that this program has been resumed as the IMET program was a manifestation of the relations between the US and Indonesian militaries," Sutarto said following a working meeting with the House of Representatives (DPR) defense commission in Jakarta on Monday (28/02).

According to the TNI Commander, the IMET program must be based on equality and respect as regards military relations between the two countries.

Sutarto said that the TNI would first study the condition related to the program, which has been halted since 1992. If the requirements tend to be political and disturb the dignity of Indonesia, he said "We will have to review the matter."

Sutarto added that the TNI has implemented many changes in order to persuade the US government into resuming this military program with Indonesia.

All these changes, he said, were for "the interest of the nation." "We are very glad to see that the US government has been pleased with these changes and resumed the IMET program," stated Sutarto.

In addition to the IMET program, Sutarto said that the TNI would make use of the US offer regarding the US$50 million intra- government purchase facility of Hercules transportation plane spare parts. With this purchase system, Sutarto said, the price of Hercules plane spare-parts would be much cheaper than a purchase made by a third-party.

Indonesian Defense Minister Juwono Sudarsono also welcomed the resumption of the IMET program. However, Sudarsono claimed that he was yet to receive any official information regarding this matter.

According to the Defense Minister, the TNI really needs the resumption of the IMET program, particularly in relation to TNI management, which be compared with other countries.

"The opportunity for further education in the USA shall provide our young officers with the opportunity to learn from other countries' experience," stated Sudarsono.

He went on to say that he expected the resumption of the IMET program could consolidate professionalism within the TNI and democracy in Indonesia.

In addition, Sudarsono said," The most important thing for me at the Defense Ministry is our defense management cababilities, including transparency and efficiency in supervising funds for defense purposes."

The Defense Minister said that he had no idea why the US government will resume the IMET program as from this September. "I think it believes that Indonesian President Yudhoyono will continue TNI reforms," stated Sudarsono.

Golkar Party member Afifuddin Thaib said that the resumption of the IMET program should not allow Indonesia to be dictated to by the US government.

According to National Awakening Party (PKB) member AS Hikam, the government must carry out efforts so that the US military embargo on the TNI be revoked. (Dimas Adityo/Abdul Manan-Tempo News Room)

 War on terror

Bashir gets 2.5 years jail for Bali bomb plot

Sydney Morning Herald - March 3, 2005

Alleged terror leader Abu Bakar Bashir was sentenced today to two and a half years in prison for criminal conspiracy for the 2002 Bali bombings, which killed 202 people, including 88 Australians.

The five-judge panel said Bashir, who has been in jail since last April, would get credit for time served and could be out before the end of 2006.

The verdict was greeted by yells of "Allahu Akbar (God is greatest)" by hundreds of his followers inside and outside the tightly guarded court. The judges were immediately whisked out of the room by armed police.

They also acquitted the Muslim cleric of five more serious anti- terror charges, including directly ordering the Bali attack, and two lesser charges. The judges cleared Bashir of planning the 2003 suicide bombing of Jakarta's JW Marriott hotel, which killed 12 people, and of inciting his followers to launch deadly attacks.

They found that there had been no evidence nor witnesses to prove that Bashir took part in an "evil conspiracy" to bomb the Marriott. Bashir was in jail at the time of that attack.

However, they found that he was linked to lead-up to the Bali attack and convicted him under Indonesia's standard criminal code. All the charges that failed were based on harsh new anti- terror laws.

Bashir had originally faced a maximum penalty of death, although prosecutors eventually had asked for only eight and half years.

Most analysts had predicted that Bashir would either walk free or receive a short prison term -- partly due to the weak case put forward by prosecutors.

At the start of today's verdict hearing, dozens heavily armed officers escorted Bashir into the courtroom where he smiled and told reporters that US President George W Bush was "evil". About 1,000 policemen secured the building in south Jakarta. About 100 of Bashir's supporters were allowed inside and 400 gathered outside the court.

Shortly before the verdict was handed down, Bashir said that if he was found guilty it would be a "tyrannical verdict", but he appealed to his followers not to react with violence. Bashir maintained that Bush as an "enemy of Allah" had pressured Indonesia to jail him to stop him campaigning for Islamic law.

Bashir was arrested a week after the October 2002 Bali bombings and was first put on trial the following year. Prosecutors failed to prove that he waged a terror campaign to topple the government and led Jemaah Islamiah, which is committed to setting up a pan- Islamic state across South East Asia. However judges found him guilty of immigration offences and he was jailed.

Police rearrested him in April last year as he left prison after serving the immigration sentence, citing new evidence of terrorist links and of his Jemaah Islamiah leadership.

Jemaah Islamiah has been blamed for a series of terror attacks in the region, including a suicide bombing outside the Australian embassy in Jakarta last September that killed 11 people.

Bashir lacks influence at home but provokes ire in West

Agence France Presse - March 3, 2005

Indonesia's Abu Bakar Bashir is a soft-spoken, smiling Muslim preacher who provokes anger in the West for his alleged terrorist links but lacks strong influence at home, analysts say.

Bashir, 66, is to hear a court verdict after a trial in which prosecutors accused him of leading the Jemaah Islamiyah (JI) extremist group linked to a series of deadly bombings in recent years.

"I don't think he's that influential in Indonesia generally," said Sidney Jones, Southeast Asia project director for the International Crisis Group of political analysts.

She described Bashir, always dressed in a white robe and shawl, a white skullcap and glasses, as "very business-like, outgoing, gregarious." He is a radical preacher filled with extreme anger at the West but with a down-to-earth attitude, said Jones, who has extensively researched JI.

"This is not a person that gives a sense of being in a spiritual dreamworld," she said from Singapore.

Pressure from the West and intense media scrutiny since his arrest in late 2002 has made Bashir "into a martyr," she said. "He's become far more important since his arrest than he was before it," said Jones.

Australian Foreign Minister Alexander Downer once called Bashir a "loathsome creature" while an Indonesian Islamic magazine named Bashir its "Man of the Year" in 2002. "Bashir is a person we should look up to," Sabili magazine said in its editorial after police arrested him.

But even within JI, Bashir only has a certain amount of influence within a faction of the organization and played an active role as JI leader only from late 1999 until April 2002, Jones said.

Since 2000 he had been devoting more and more time to the Indonesian Mujahideen Council, an umbrella group which he heads and which seeks Islamic sharia law, Jones said. She is not sure why his interest shifted toward the Mujahideen Council.

Married to housewife Aisyah Baraja, Bashir has two adult sons and a grown-up daughter. In the early 1960s he was active in several Islamic student organisations at Al-Irsyad University in his home town of Solo in Central Java, before founding in 1972 the Al Mukmin Muslim boarding school at nearby Ngruki.

He and his close friend Abdullah Sungkar, both of Yemeni descent, were jailed by the Suharto regime from 1978 to 1982 for inciting people to reject the secular national ideology in favour of an Islamic state.

They fled to Malaysia in 1985 when the Supreme Court granted a prosecution appeal for a longer sentence. It was there, according to prosecutors, that they officially founded JI in 1993.

"He was always a sidekick to his partner Sungkar," Jones said. Sungkar died in 1999, a year after Bashir and several other members of his Ngruki network returned to Indonesia following Suharto's downfall.

Bashir, arrested one week after the October 2002 Bali bombings which killed 202 people and which authorities blamed on JI, was later tried for alleged links to bombings and convicted of treason. Higher courts overturned the conviction and he served time only for immigration offences before being re-arrested as he stepped out of prison in April 2004.

His youngest son Abdul Rohim, 26, has been mentioned by convicted militant Rusman Gunawan -- the younger brother of reputed top JI leader Hambali -- as the head of the Al-Ghuraba student group in Pakistan. Indonesian prosecutors have alleged that the Al-Qaeda- linked group consisted of Jemaah Islamiyah cadres seconded to Gunawan to be trained as militants. Rohim remains free and has been seen attending his father's court sessions.

Bashir has urged his followers to remain calm and polite during the trial. But he maintains that US President George W. Bush, "the enemy of Allah," has pressured Indonesia to incarcerate him to prevent his campaigning for Islamic law.

Bashir has admiringly described Osama bin Laden as a "true Muslim fighter" but has always denied he himself is linked to terrorism.

Bashir gets 30 months' jail for Bali bomb plot

Sydney Mornign Herald - March 4, 2005

Matthew Moore in Jakarta and Tom Allard -- An Indonesian court has convicted and jailed the militant Islamic cleric Abu Bakar Bashir over his involvement in the Bali bombings in a decision that was immediately condemned by supporters and opponents alike.

Nearly 21/2 years after the bombings, five judges in the South Jakarta District Court found Bashir, 66, guilty of "committing an evil conspiracy" that led to the deaths of 202 people and sentenced him to 30 months' jail, minus the 10 months he has already served.

But, with some 300 of his supporters inside the court yelling "Allahu akbar" (God is great) as each verdict was delivered, the judges found six other charges against Bashir unproven, including four more serious charges that he was involved in planning the bombing of the Marriott Hotel in Jakarta in 2003, and two others that he helped plan the Bali bombings.

His lawyers immediately branded the judgement a political compromise intended to satisfy governments in countries such as the United States and Australia that had no relation to the evidence given in court. They said Bashir would appeal.

Relatives of Bali bombing victims responded to news of the sentence with a mixture of outrage and resigned indignity. John Borgia, who lost his wife Debbie and daughter Abbey, said it was inadequate.

"You get 21/2 years for stealing a car, don't you? I'm definitely not satisfied by this. They don't seem to have any sense of the value of life." Gayle Dunn, whose son Craig Dunn was killed, said she had lost faith in the Indonesian justice system well before yesterday's verdict. "I've just resigned myself to the fact that they'll all go free eventually." Sandra Thompson, mother of Clint Thompson, one of six Coogee Dolphins rugby league players who perished, said domestic political considerations had trumped justice.

"Unfortunately the Indonesian justice system was always going to make sure that the verdict kept the peace in their country. If they had given him a harsh sentence there would have been riots and other terrorist attacks." The Minister for Foreign Affairs, Alexander Downer, said Australian diplomats would press the Indonesian Government for a tougher sentence.

"We'd have liked a longer sentence and we would hope the prosecution might consider appealing against the sentence," he said.

Wirawan Adnan, one of Bashir's legal team, described the verdict as ridiculous, intended to accommodate the wishes of politicians. "There's no evidence, there's no incriminating testimony found in this court room," he said.

The judges convicted Bashir on the supposed evidence of two of the Bali bombers, Amrozi and Mubarok, both of whom are in prison in Bali.

According to the prosecution, Bashir met Amrozi and Mubarok in Bashir's house in Solo, Central Java, in August 2002, two months before the bombings.

At that meeting the pair are alleged to have said to Bashir: "What if we do something in Bali?" To which Bashir replied: "It's up to you. You are the ones who know the situation on the ground." The chief judge, Sudarto, said this exchange proved Bashir was involved in the conspiracy to carry out the Bali bombings.

However, Bashir's lawyers said this evidence proved nothing and should never have been accepted by the judges as it was never tested in court. Mr Adnan said these allegations were part of a statement Mubarok gave police after he was arrested. But when Mubarok was brought to give evidence in the trial he refused to speak about this conversation or anything else.

A spokesman for the US embassy in Jakarta said the US Government welcomed the conviction of "this known terrorist leader" but was disappointed that he was due for release next year.

Cleric linked to Bali blasts gets 30 months

Asia Times - March 4, 2005

Bill Guerin, Jakarta -- Muslim cleric Abu Bakar Ba'asyir, accused of leading an al-Qaeda-linked terrorist group, was sentenced by an Indonesian court on Thursday to two and a half years in jail on conspiracy charges related to the 2002 Bali nightclub bombing that killed 202 people.

As proceedings opened, about 1,000 policemen secured the court building with a dozen heavily armed officers escorting Ba'asyir into the courtroom, where he smiled and, looking toward reporters, claimed that US President George Bush was "evil". The 66-year-old cleric has consistently maintained that Bush, whom he has referred to as "the enemy of Allah", has pressured Indonesia to jail him to stop him campaigning for Islamic law.

"I'm ready to listen," Ba'asyir said before the five-judge panel opened the proceedings. "If I'm released, the trial has been fair. If not, this has not been a fair trial. I will fight any sentence against me."

Neither Ba'asyir, his supporters who packed the public gallery nor the scores of reporters present had long to wait. Though the reading of the 250-page verdict was expected to take until late afternoon, within minutes the court had read out its sentence.

The radical preacher was cleared of more serious allegations that he ordered the Bali bombing but was handed a 30-month prison term under Indonesia's anti-terrorism law after being found guilty of involvement in a "sinister conspiracy".

The primary charge against Ba'asyir accused him of planning the 2003 suicide bombing of the JW Marriott Hotel that killed 12 people and inspiring his followers to carry out the attack. But the judges said there were neither evidence nor witnesses to prove that the radical cleric, who was in jail at the time of the attack, took part in a conspiracy to bomb the Marriott.

Three other charges accused Ba'asyir of conspiring in terrorist acts, including the Bali bombing, and of hiding information about the attacks.

Australia, which lost a number of its nationals in the Bali bombing and an attack on its embassy in Jakarta last year, will ask Indonesian prosecutors to appeal for a longer jail term. "It's of some concern to us that the sentence is as short as it is. We're disappointed about that. We'd like to see a longer sentence," Foreign Minister Alexander Downer told Australian television.

Before the verdict came down, prosecutors had already dropped the main charge, which could theoretically carry the death penalty, that Ba'asyir and his supporters planned the bombings. Prosecutors demanded only an eight-year sentence.

Chief defense lawyer Mohammad Assegaf said last week that there was not a shred of evidence against his client. "I am convinced he will be released, if there is no intervention, because none of the witnesses have incriminated him," he said.

Assegaf pointed out that the Central Jakarta District Court in 2003 had cleared Ba'asyir of terror-related charges, including the accusation that he was the leader of the al-Qaeda-linked Jemaah Islamiyah (JI), a verdict the Supreme Court later upheld. Assegaf slammed the prosecution's attempts to prove that Ba'asyir was the leader of the radical Islamic group as a "rape of the principles of justice".

Jakarta has come under pressure from both the United States and Australia to act against Ba'asyir, and the trial heard evidence that Indonesia was asked to hand Ba'asyir over to US authorities. The fiery Muslim preacher has claimed that the trial was held because of pressure on Indonesia from the "enemies of Islam", mainly the US president. That came after one of Bush's former interpreters testified that he attended a meeting in Jakarta at which a presidential envoy asked Indonesia to arrest Ba'asyir and hand him over to the US.

Within minutes of the verdict, one of several press attaches at the US Embassy in Jakarta, Max Kwak, issued a response to the announcement. The United States was disappointed at the length of Ba'asyir's sentence, given the gravity of the charges on which he was convicted, said Kwak, but he added, "We respect the independence and judgment of the Indonesian courts."

Australia and the United States consider Ba'asyir to be the spiritual head of the JI terrorist group and responsible for acts of terror in Indonesia. Ba'asyir has repeatedly denied any links to terrorism, although he has admitted being an admirer of Osama bin Laden and has called the Bali bombers misguided but praiseworthy fighters.

From December 2001 Jakarta was pressed to take a stand against international terrorism and arrest Ba'asyir. However, the only "evidence" against him was based on information gained through the intense interrogation of mostly uncharged, untried political detainees rounded up in post-September 11, 2001, terrorist dragnets.

The Indonesian government refused to meet the US demands, claiming there was no basis in Indonesian law to act on its requests. But two weeks after the Bali bombings police arrested Ba'asyir on suspicion of involvement in terrorist activities in Indonesia. The charges against him related to a series of bombings that preceded, and did not include, the Bali bombing, but Ba'asyir quickly gained international notoriety in the media for his links to the alleged perpetrators of the Bali attack. He has been behind bars ever since.

Ba'asyir was first indicted for treason, terrorism and immigration violations, but in a separate trial last year a lower court acquitted him of heading the JI and found him guilty of only immigration offenses and document forgery. He served an 18- month prison sentence and was arrested on his release from jail.

Throughout this latest five-month trial, however, only one witness testified that Ba'asyir was the spiritual leader of the JI. Several other witnesses said they knew nothing about his alleged terrorism links, with most proclaiming that he was simply an Islamic teacher. Many believe it was a mistake to put him on trial without first building a stronger case against him. Many analysts had predicted Ba'asyir would either walk free or receive a prison term far short of the maximum allowed, partly due to the weak case put forward by prosecutors.

In their indictment, prosecutors said that as the JI chief, Ba'asyir had visited one of the group's training camps in the Philippines in 2000 and allegedly relayed a "ruling from Osama bin Laden, which permitted attacks and killings of Americans and their allies".

Yet that argument didn't manage to sway the five-judge panel, which said that Ba'asyir would get credit for time served and could be freed before the end of 2006.

Thursday's verdict is likely to be seen, a tad unfairly perhaps, as a poor reflection on Indonesia's commitment to fight terrorism. More than 10 people have already been convicted in the Marriott bombing and 33 have been accused of involvement in the Bali blasts.

Meanwhile, Ba'asyir's credentials as a fundamentalist Muslim leader are certain to be boosted by the verdict. He and his followers likely will be able to claim that what they said from the outset was true, that Ba'asyir was a victim of "foreign intervention" because of his efforts to uphold Islamic law in Indonesia.

The cleric also has said the prosecution failed to respond to his statement that Bush had ordered the trial. "This basically shows that the prosecution admits this trial was the agenda of Allah's enemies ... The facts and evidence presented to trap me were essentially from Bush's request."

After the Bali bombing, hardline Islamist groups that advocate violence were isolated to a large degree, and the majority of Indonesia's Muslim community still supports religious tolerance and pluralism, though preaching fundamentalism is not illegal.

Ba'asyir has a strong influence on Islamic militants and his preaching on the need to promote Islam in society. For a teacher he certainly had a turn of phrase that could strike terror into the hearts of non-believers. During the trial he warned prosecutors that they would face damnation in the afterlife, adding that God would also punish the judges if they convicted him.

"If the panel of judges are convinced that the prosecutors' charges are intended to aid the infidels who have evil schemes -- the United States -- the judges are obliged to disavow and categorically reject them to avoid unwanted consequences in the hereafter," he said after his summing-up at the last court session.

Though the image of an old man being persecuted by the West is likely to cut ice only with radicals, his rejection of the legitimacy of the secular state out of hand may cause problems for the government when he is finally released and free to challenge the US and Western dominance he describes as cultural terrorism.

"I reiterate that I only carried out good deeds in accordance with Islamic Sharia law. And Allah's enemies opposed this and accused me of carrying out treason and terrorism," he has claimed.

The sentence, however lenient in Western eyes, may anger even moderate Muslim leaders and nationalist politicians who have long accused authorities of persecuting the cleric because of US pressure.

[Bill Guerin, a Jakarta correspondent for Asia Times Online since 2000, has worked in Indonesia for 19 years in journalism and editorial positions. He has been published by the BBC on East Timor and specializes in business/economic and political analysis in Indonesia.]

Lack of evidence blamed for Ba'asyir's light term

Jakarta Post - March 4, 2005

Jakarta/Surakarta -- The lenient prison sentence handed down on Thursday for cleric Abu Bakar Ba'asyir stemmed from the failure of the prosecution to present sufficient evidence against him, analysts said.

Prominent Muslim scholar and political analyst Azyumardi Azra pointed out that prosecutors did not have strong evidence to directly link Ba'asyir to a series of terror attacks.

"I think the main reason for the light sentence is because prosecutors, and before that the police, failed to provide convincing evidence against Ba'asyir," he told The Jakarta Post.

He added that a difference of opinion among the panel of judges caused by the weak evidence also prompted them to sentence Ba'asyir to just 30 months in prison for conspiracy to commit terror.

However, Azyumardi, the rector of the Syarif Hidayatullah State Islamic University, praised the judges for being independent. "The verdict clearly shows that the judges were independent. During the trial, the messages were clear that our judiciary system could not be influenced by certain countries' interests," he said.

Similarly, Dewi Fortuna Anwar of the Habibie Center think tank said Ba'asyir's sentence did not satisfy anyone and was due to a lack of evidence against the cleric. "In the end, the verdict does not satisfy anybody. Foreign governments are disappointed, while his supporters at home are also disappointed, for different reasons," she told AFP.

Dewi said the prosecutors failed to provide concrete evidence on Ba'asyir's involvement in terrorism, because unless the suspect was directly involved, it would be very hard to prove under the legal system here. "Foreign governments are convinced that Abu Bakar Ba'asyir is the spiritual leader of Jamaah Islamiyah based on intelligence they have. But intelligence data cannot be used in our judicial system," she added.

Australia and the United States, who have accused Ba'asyir of leading the Jamaah Islamiyah (JI) militant group blamed for the Bali bombings and other attacks, were quick to criticize the verdict as "disappointing".

Australian Foreign Minister Alexander Downer said that his government had always known that Ba'asyir was privy to the Bali attack and that, as the JI spiritual leader he could have stopped it, but chose not to.

"It's satisfying that he has been convicted [but] it's disappointing that the sentence is just for two-and-a-half years," he was quoted by AFP as saying. Downer said he would have liked a longer sentence and urged the prosecution to consider appealing against the sentence.

US Embassy spokesman Max Kwak stated that although the US respected the independence of Indonesia's judiciary and welcomed the conviction, they were disappointed by the lenient sentence.

Ba'asyir, 66, was cleared by the South Jakarta District Court of more serious terrorism charges, including that of heading JI, but was found guilty of involvement in a "sinister conspiracy" that led to the 2002 nightclub bombings in Bali which, left 202 people dead. The preacher was also cleared of involvement in the 2003 bombing of the Marriott Hotel in Jakarta, which left 12 people dead.

Regret was also expressed by Ba'asyir's supporters, who said the verdict against him was due to the influence by the US and its allies in Indonesia.

Students at the Ba'asyir-founded Al-Mukmin Islamic boarding school in Ngruki, Central Java, said they were convinced that the preacher would remain in jail even before the verdict was issued.

"Prophet Muhammad was also mocked and hurt by infidels when he preached for Islam," explained a student from the school.

Al-Mukmin principal Wahyudin said the court decision was a tyrannical and unjust act against Ba'asyir.

However, Mahyudin said Ba'asyir's students would not object to the verdict and that they trusted the team of lawyers in doing their utmost to defend the cleric.

"By dragging Ba'asyir into court, it shows how strong the influence of the United States and its allies is in Indonesia. Making Islam look negative in the eyes of the world has become a key part of their agenda," Wahyudin said.

Bashir jailed for 'sinister conspiracy'

Radio Australia - March 4, 2005

An Indonesian court has sentenced the alleged spiritual head of Jemaah Islamiyah, Abu Bakar Bashir to two and a half years in jail for his part in planning the 2002 Bali bombings. The Islamic cleric was cleared of involvement in the 2003 Mariott Hotel bombing in Jakarta, but found guilty of involvement in a "sinister conspiracy" that led to the Bali bombings which killed 202 people.

Presenter/Interviewer: Sen Lam

Speakers: Tim Lindsey, Director, Asian Law Centre, University of Melbourne

Lindsey: The first point is that the charges in relation to the Marriott bombing were always in doubt, because he was in jail for most of the period in question. I mean that doesn't prevent him from having been involved by sending messages. But it's obviously going to be a hard thing to prove his direct involvement in the Marriott attack.

That left them therefore with the Bali attack, and the problem with the Bali attack is of course that the Constitutional Court in Indonesia has already ruled that the anti-terror laws can't apply to the Bali bombing, because they were introduced after the Bali bombing and the Constitution bans retrospective laws.

That meant that the prosecution had no choice but to fall back on the pre-existing criminal code.

Now because no one's suggesting that Abu Bakar Bashir pressed any buttons, therefore the charges to be made against him don't relate to direct involvement, but to issues such as conspiracy, or acting in concert and so forth.

Lam: So effectively, they're convicting him of having met with Amrozi prior to the Bali bombings?

Lindsey: Correct, that's right.

Lam: And of course Abu Bakar Bashir as you mentioned was convicted over the Bali bombings under ordinary criminal legislation?

Lindsey: That's correct, it could not be the terror laws.

Lam: Yes, as opposed to the anti-terror laws brought in after the 2002 Bali attacks. So you're saying that this did make a difference to the outcome?

Lindsey: It certainly did for two reasons. One, it's a lot harder to prove. One of the reasons for introducing the anti-terror laws was to make it easier for the prosecution to prove in particular conspiracy acting in concert and it's particularly hard in Indonesia under the criminal code, the provisions of which are somewhat archaic. So the Bali bomb led to the introduction of anti-terror laws that would make it simpler for the prosecution. Because that couldn't be used in relation to the Bali bombing they had to fall back on some pretty clunky old conspiracy laws that had been outmoded. So yes, it made it much more difficult for the prosecution to prove.

Secondly, the witnesses that they called were pretty unimpressive. In fact a lot of the witnesses effectively recanted so the case was weakened by the inability to use the anti-terror laws and weakened by the unreliability of former JI members giving evidence.

Now the other consequence, is that of course under the criminal code, the penalties are relatively less severe than they could be under the anti-terror laws which are much more draconian.

Lam: Indeed, Australia and the United States have both registered disappointment over the sentence, calling on Indonesian prosecutors to appeal for a long jail term. Do you think the Indonesian courts have been too soft on Bashir?

Lindsey: Well, I don't think the Indonesian courts had that much of a choice. The prosecution itself asked for only eight years, but they could have asked for more, and they sent a pretty strong signal to the court that they were looking for a light sentence. So, yes, I would have thought that somebody who's been found guilty to conspiring in relation to the Bali bombings might get a heavier sentence than two and a half years. But I don't think it's something you can lodge solely with the courts. And for the underlying question of why witnesses are so poor, one of the reasons for that has got to be the fact that many of those who could have given evidence are being detained in other countries and not available to give evidence in Indonesia.

This has been a problem throughout all the trials where America, for example, will not produce witnesses who could have given much more damming evidence than was given. The Indonesian government had requested release of witnesses who are presumably in Guantanamo Bay or elsewhere.

Lam: Do you think its to the credit of the Indonesian government that they refused to hand over Abu Bakar Bashir to the United States authorities and instead decided to try him on Indonesian soil?

Lindsey: Well, why on earth would they hand him over to the United States authorities? Abu Bakar Bashir, if he has been found guilty of conspiring in relation to the Bali bombing, the people who died in the Bali bombing were predominantly Australians and Indonesians. Jemaah Islamiah has killed many more Indonesians than it's killed foreigners.

When they bombed the embassy, who died? Indonesians. When they bombed the Marriott, who died? One foreigner and the rest were Indonesian taxi drivers and doormen.

It's often said that Indonesia is soft on terrorism, but I think we have to think carefully about that claim. Within a couple of weeks of the Bali bombing, they passed anti-terror laws. They've rounded up most of the people responsible for the Bali bombing. They have suspects in relation to the Marriott bombing, the embassy bombings. They believe Abu Bakar Bashir was the figure head. They've tried twice now to try him, both times they've failed on the main charges, but still got convictions in very difficult circumstances where foreign powers will not release witnesses.

The government could do more by making more aggressive statements about Jemaah Islamiah and coming out and banning Jemaah Islamiah. But the fact is, the Indonesian Government is clearly desperate to jail Abu Bakar Bashir and to end Jemaah Islamiah. And I think it's quite inappropriate to suggest their weak on terror. What they are is they have huge institutional problems in dealing with it.

 Politics/political parties

Formation of Muhammadiyah Mandate Party a warning

Tempo Interactive - March 9, 2005

Yuliawati, Jakarta -- A.M. Fatwa, a founder and the chairperson of the National Mandate Party (PAN), believes that the formation of the Muhammadiyah Mandate Party (PAM), which is to be launched this afternoon, is a warning for his party.

According to Fatwa, Muhammadiyah is a principal and important basis for PAN. "Without Muhammadiyah, PAN it is as if it has no soul and feet", he said at the parliament building in Jakarta on Wednesday March 9.

Fatwa believes that PAN must provide a proportional place for Muhammadiyah cadre so that the new party will not grow. "PAN must provide a real place for PAM cadre who have made a huge contribution to the formation of PAN", said the deputy- chairperson Philosophy Institute of the Muhammadiyah Central Leadership Board.

Fatwa said he understands the reasons behind the idea of establishing PAM as a political party which aside from ideological reasons was also triggered by the disappointment of Muhammadiyah cadre within PAN. "They felt that their interests were not being fully accommodated, particularly at the time of the nominations for legislative members", he said while explaining that PAN's transition to becoming a political party is already a central concern for his party's leadership.

[Translated by James Balowski.]

Hamzah fires top party members amid conflict

Jakarta Post - March 3, 2005

Jakarta -- The United Development Party (PPP) has dismissed six top executives for their involvement in an informal meeting last week, which the central board said was an act of betrayal.

A central board decree signed by party leader Hamzah Haz terminates the membership of deputy chairmen Suryadharma Ali, Zarkasih Nur, Andi Ghalib and Lukman Hakim Saefuddin and deputies secretary-general Emron Pangkapi and Ermalena, Antara reported. The decree came into effect on Tuesday, the day it was signed.

The party's chief of organizational affairs Djuhad Mahja said on Wednesday the tough measure was unanimously agreed to during a top executive meeting at the party headquarters on Tuesday by Hamzah, secretary-general Yunus Yosfiah, deputy leader Alimarwan Hanan and secretary for organizational affairs Rahman Syagaff.

Djuhad said the party got tough with the six organizers of the meeting because they had been notified beforehand that they would risk a dismissal if they held the gathering.

Over 700 party members from across the country participated in the event on February 24 and February 25 here, which concluded with demands for sweeping reforms and a congress at the end of this year. The next PPP congress is scheduled for 2007.

The party central board deemed the meeting was a move that would lead to a coup against Hamzah, who the supporters of the informal meeting said had failed to help the party perform well in the elections last year.

The PPP's popular vote declined in the latest legislative election in 2004, compared to that won in 1999.

Hamzah was also widely criticized for defying the wishes of his party rank-and-file by supporting Megawati Soekarnoputri in the presidential election run-off last September instead of Susilo Bambang Yudhoyono.

Susilo appointed PPP members Suryadharma and Bachtiar Chamsyah, who are known Hamzah critics, to his Cabinet. The two have been touted as the strongest contenders for the party's top post if a congress is held this year.

Djuhad would not elaborate whether other prominent participants of the informal meeting like Bachtiar, House of Representatives legislators Aisyah Amini and Barlianta Harahap would also be shown the door.

Commenting on the dismissal, Usamah Hisyam, the secretary-general of Parmusi, a faction in the PPP, said the decision violated the party's statute and internal rules.

"We condemn the dismissal. It demonstrates the arrogance of the central board and their disdain of the PPP's struggle as a (democratic) Muslim party," said Usamah, who helped organize the informal meeting.

He warned that the dismissal would spark an internal conflict within the party.

Internal feuding has plagued the Muslim-based party following the fall of the New Order in 1998. During the authoritarian regime the PPP was one of only three parties allowed to contest the elections. Like the other two -- Golkar and the Indonesian Democratic Party -- PPP always supported the reelection of then president Soeharto.

The party was split later in 1998 after a group of members declared a new party under the leadership of renowned cleric Zainuddin M, which later became the Star Reform Party (PBR).

 Corruption/collusion/nepotism

Indonesia rated most corrupt Asian country

Agence France Presse - March 8, 2005

Indonesia is ranked as the most corrupt country in Asia by foreign businessmen in the region, raising fears about how billions of dollars in post-tsunami aid will end up, a new survey shows.

The Philippines and Vietnam also came in at the bottom of the annual graft rankings by the Political and Economic Risk Consultancy Ltd. (PERC), which listed Singapore, Japan and Hong Kong as the cleanest places for business.

"The issue of corruption could make or break Indonesia," said PERC, which polled over 900 expatriate respondents across Asia in January and February.

It said "relative outsider" Susilo Bambang Yudhoyono was elected Indonesian president last year partly because voters were "disgusted with the corruption of an entrenched, secular elite." PERC urged Yudhoyono to make sure that foreign aid was used transparently in projects that benefit people and areas affected by last December's tsunami that left over 220,000 Indonesians dead or missing, mostly in Aceh province.

If the former general succeeds in fighting corruption, the economy would improve and radical Islamic groups such as Jemaah Islamiyah "will be much more marginalized and less of a threat to the country and the region." In the PERC survey, now into its 18th year, countries are graded between zero -- the best possible score -- and 10.

Singapore's grade was an almost pristine 0.65, followed by Japan at 3.46 and Hong Kong at 3.50. Next, but far behind, were Taiwan at 6.15, South Korea at 6.50, Malaysia at 6.80, Thailand at 7.20, China at 7.68, India at 8.63, Vietnam at 8.65, the Philippines at 8.80 and Indonesia at 9.10.

Indonesia's post-tsunami relief program "presents a real opportunity to improve the governance and transparency standards" for disbursing aid money not only there but in other developing countries, PERC said.

At the other end of the scale, foreign businessmen have consistently rated Singapore as being the least corrupt country in Asia, but the view is not shared by opponents of the People's Action Party (PAP), which has ruled the city-state since independence in 1965, PERC said.

This could cause problems for Singapore overseas since key PAP critics live in exile and could raise questions about Singapore's "systemic integrity" as state-linked companies expand abroad, PERC said.

In the Philippines, a regular bottom-dweller in the survey, "corruption is clearly less today" than it was in the worst days of the late dictator Ferdinand Marcos, who was overthrown by a popular revolt in 1986.

But it was more difficult to say whether the current government of President Gloria Arroyo "is any cleaner or dirtier" than her ousted predecessor Joseph Estrada, now on trial for alleged corruption.

Elsewhere in Southeast Asia, booming Thailand's image has improved following a crackdown on graft, but PERC said there were laws, regulations and practices "that benefit certain large industries and businesses, many of which happen to have close links with influential politicians." In Malaysia, Prime Minister Abdullah Ahmad Badawi has generated strong public support with his anti-graft stance, but allegations of internal corruption in the ruling coalition have resurfaced, PERC noted.

Communist countries such as China and Vietnam take extreme measures against corruption such as executing offenders, but they still have a worse reputation than Western countries because they lack democratic checks and balances and free elections, PERC noted.

Hong Kong-based PERC provides advice to companies and governments on how to do business in Asia.

Councillors jailed for corruption

Jakarta Post - March 9, 2005

Bandarlampung -- Three Bandarlampung councillors have been sentenced to 18 months jail for corruption.

Gani Parlaungan, the presiding judge at Bandarlampung court, said that the three were guilty of embezzling funds from Bandarlampung's 2002 and 2003 budgets totaling Rp 3.7 billion (US$ 398,000). The councillors had stolen the money using various means, including insurance fraud.

The three councillors in question are Palgunadi from the Indonesian Democratic Party of Struggle (PDI-P), Gusti Rachmat Kartolo from the Golkar Party and Muchzan Zein from the United Development Party (PPP).

Forestry head declared illegal logging suspect

Jakarta Post - March 9, 2005

Nethy Dharma Somba, Jayapura -- The head of the Papua forestry office, Marthen Kayoi, has been declared a suspect of illegal logging following a high-profile report on the smuggling of 300,000 cubic meters of timber per month from Indonesia -- mostly Papua province -- to China.

According to the suspect's lawyers, Budi Setyanto and Bernard Akasian, their client has been charged with violating several articles on forestry under the Criminal Code.

"My client was asked 30-odd questions, and declared a suspect during interrogation," Budi said. Marthen was questioned by the police on Monday.

The high-profile report, titled The Last Frontier, revealed the most flagrant case of timber smuggling ever discovered, valued at more than US$1 billion.

The report, which was made public late February by the London- based Environmental Investigation Agency (EIA) and Indonesian environmental group Telapak, disclosed that Papua had become the main illegal logging hub in the country, identifying Sorong, Manokwari, Fak Fak, Nabire and Serui regencies as the main illegal logging centers. The report alleged that the operation was supported and managed by high-ranking Indonesian Military officers working in cahoots with government officials and law enforcers.

Soon after the disclosure, the President instructed that an "integrated crackdown" be launched against all suspected parties.

Marthen's lawyer, Budi, claimed that his client had been named a suspect merely because he allowed permits to be issued for collecting logs on tribal ground.

He said that on Aug. 22, 2002, the head of the Papuan forestry office issued regulation No. KEP-522.1/1648 on guidelines for permits to collect logs on tribal ground.

The rule was allegedly based on gubernatorial circular No. 522.2/3386/SE dated Aug. 22, 2002 on guidelines for tribal communities to collect forest products. The governor issued the circular in accordance with articles 37 and 76 of Law 41/1999 on forestry which regulates the use and management of forests by tribal communities.

"The police deemed the regulation (issued by Marthen) illegal, which led to him being named a suspect. In fact, our client issued the rule based on the governor's circular, which was made based on the law," Budi said.

"Because our client has been named a suspect, those who issue similar regulations should also be named suspects." He claimed the regulation was intended to improve local people's welfare.

"It's true the province is rich with natural resources, but the people are still poor. That's why there's a need for a policy to improve people's welfare by involving them in managing forest products," Budi said.

Leader of the Papua tribal council, Thom Beanal, said he would ask President Susilo Bambang Yudhoyono what was the status of Papuan tribal communities in managing forests.

Papuans, he said, have the right to manage their land and forests, meaning all investments in Papuan forests should have tribal council permission.

Corruption at Pertamina looms over fuel price hikes

Jakarta Post - March 9, 2005

Vincent Lingga, Jakarta -- So what! That may be the skeptical reaction of most people to the ruling by the Business Competition Supervisory Commission that state oil and gas company Pertamina and three of its business partners conspired to rig the tender for the sale of two very large crude carriers in mid-2004.

After all, many previous rulings in high-profile cases have been overturned in appellate courts on technicalities or procedural faults, despite the painstaking work of the antitrust body to build its rulings based on well-documented evidence.

The commission's ruling on the tanker sale also seems to have been based on well-documented evidence, capping almost eight months of poring over 291 documents and questioning 26 witnesses.

The conclusion, announced last week, simply validated the allegations by the Pertamina union and several anticorruption activists, who last year campaigned to block the tanker sale but succeeded only in creating a nationwide controversy and headline stories for a few days.

The evidence pieced together by the commission showed that Pertamina and three other companies -- Frontline Ltd., Goldman Sachs and PT Equinox shipping company -- conspired to rig the tender in the favor of Frontline, causing between US$20 million and $56 million in state losses.

The commission concluded that they violated Article 19 of the antimonopoly law prohibiting businesspeople from discriminating against other business players, and Article 22 banning businesspeople from conspiring to determine the winner of a tender.

Some of the evidence pieced together by the commission: - Pertamina selected Goldman Sachs as the financial adviser and arranger of the tender without a beauty contest (competitive bid), in violation of government regulations.

  • Frontline, which eventually won the tender, was allowed to submit a bid, through PT Equinox, as its Indonesian agent, after the deadline for bids had passed.
  • The opening of Frontline's bid was not witnessed by a notary public, as Goldman Sachs required for the two earlier bidders.

As early as last September, after 30 days of preliminary investigation into the controversial tanker sale, the commission found strong indications of unfair competition in determining the winning bidder, and duly notified Pertamina and related parties of the findings.

However, Pertamina went ahead with the tanker sale, saying it faced severe cash flow problems, the tender was fair and transparent and Frontline was declared the winner because the other two bidders could not put up a 20 percent down payment and US$5 million surety bond for each of the two tankers.

The commission's findings only strengthened the public's suspicion about deep-rooted gross inefficiency and corruption at the state oil monopoly. And these findings certainly insulted the public's sense of justice, particularly as people now strain under the burden of the recent fuel price increases.

Rent-seekers seem to have re-entered Pertamina, especially after former Caltex Pacific Indonesia CEO Baihaki Hakim, who was appointed in February 2000 by then president Abdurrahman Wahid to clean up the state company, was replaced in September 2003.

It was Hakim who decided to order the two very large tankers in late 2002 from South Korea, in a bid to eliminate the mafia-style business practices that had cost the company hundreds of millions of dollars in tanker charges, as confirmed by PriceWaterhouseCoopers in a special audit in 1999.

Remember the controversial sale by tender of PT Indomobil, Indonesia's second largest automobile group, by the Indonesian Bank Restructuring Agency (IBRA) in late 2001? The antitrust body, after three months of examining 170 documents and questioning dozens of witnesses, ruled in April 2002 that the three final bidders -- PT Bhakti Asset Management, PT Alpha Securitas Indonesia and PT Cipta Sarana Duta Perkasa -- had conspired to ensure Cipta Sarana won the bid.

The ruling, also built on well-documented evidence, stated that Cipta Sarana, an unknown company set up only in December 1998, did not qualify for the tender.

Similar to the Pertamina case, the commission discovered many circumstances and occurrences that raised disturbing questions about the integrity of the tender process.

However, all of the commission's rulings in the Indomobil case were overturned by appellate courts.

The commission also lost the case against Garuda's ticket reservation system and against the Jakarta International Container Terminal's alleged monopoly at the Tanjung Priok Port in Jakarta.

Many legal experts have questioned the technical competence of judges in the appellate courts (district courts and the Supreme Court) in dealing with complex business transactions.

But the commission suspects corruption in the district courts is one of the main reasons it lost these cases. In July 2002, the commission, frustrated by its many defeats in the district courts, demanded an audit of the assets of those judges who overturned its rulings. But again nothing happened.

Will the same thing happen to the commission's ruling on the tender for the tankers? The answer could be yes, given the snail's pace of reform in the judicial system.

The situation is, however, not entirely hopeless. The March 1 fuel price increases have angered so many politicians, student leaders and activists that the government may have to act strongly on the commission's findings, otherwise public opposition to the new fuel policy will become much stronger and the government's credibility in fighting corruption will be eroded.

[The writer is a senior editor at The Jakarta Post.]

 Regional/communal conflicts

Three injured in grenade attack in Ambon

Agence France Presse - March 6, 2005

Two men on a motorcycle threw a hand grenade at a crowd near a church in the restive eastern Indonesian city of Ambon, injuring three people, a report said.

The grenade was thrown in front of the Sejahtera Church in the village of Lateri in Ambon early on Saturday, Police Chief Leonidas Braskan was quoted by the Kompas newspaper as saying.

It was thrown into a group of men near a motor-taxi stand. None of those injured were in critical condition, Braskan said.

He said that choice of the location, in front of a church, indicated that the blast was meant to provoke.

Police were still questioning witnesses to try to find the assailants, said Braskan, who could not be reached on Sunday.

Ambon and some other parts of the Maluku islands were ravaged by three years of Muslim-Christian clashes that killed more than 5,000 people before a February 2002 peace pact took effect.

But sporadic violence has continued and tension between the two communities has remained high in Ambon and several of its surrounding small islands.

 Human rights/law

NGOs to take Aceh and Papua rights cases to UN

Detik.com - March 9, 2005

Atiek Nur Hidayati, Jakarta -- A coalition of non-government organisations (NGOs) has agreed to take cases of human rights violations in Aceh and West Papua to the 61st session of the United Nations Human Rights Commission in Geneva which will be held between March 14 and April 22.

This was announced by Indonesia Human Rights NGO Advocacy Team members Rafendy Jamin, Epi Narti and Jhonson Pandjaitan at the Hotel Said on Jalan Jenderal Sudirman in Jakarta on Wednesday March 9.

The focus of the NGO coalition will be on four issues: protection for human rights defenders based on the case of Munir, human rights violations in Aceh, West Papua and East Timor.

Jamin said that in taking the Aceh issue to the UN Human Rights Commission session the focus will not just be the issue of humanitarian assistance which continues to arrive in Aceh but that in order to resolve the Aceh question attention must be given to human rights issues and that the peace process must involve Acehnese civil society.

Apinarti from the Aceh NGO Coalition meanwhile said the hopes of the Acehnese people are not just for continued humanitarian assistance following the tsunami but for a contribution from the international community to end human rights violations in Aceh.

Padjaitan from the Indonesian Legal Aid and Human Rights Association said that the Abepura incident(1) will be a test case for upholding human rights in Papuan society and the international community. Abepura must result in justice being upheld because it will influence judgements in other human rights cases. (jon)

Notes:

1. Abepura - On December 7 2000, some 30 residents attacked and set fire to the local police station in Abepura, about 20 kilometers south of the West Papua capital Jayapura. A police officer was killed and three others wounded in the incident. About an hour later police assisted by the notorious Mobile Brigade began a search for the perpetrators scouring nearby residential areas and hostels, including a student residence. During the search, police allegedly arrested, assaulted and tortured at least 99 people resulting in three deaths.

[Translated by James Balowski.]

Evidence scarce in Munir's murder: police

Jakarta Post - March 5, 2005

Eva C. Komandjaja, Jakarta -- A lack of hard evidence remains a major obstacle in the investigation into the death of rights activist Munir, despite irregularities found in several documents that could possibly link Garuda airline to the case, police said.

Director of Transnational Crime at National Police Headquarters, Brig. Gen. Pranowo, said on Friday police were looking into the possibility that Garuda employees were involved in the case because of irregularities found in Garuda documents collected by investigators.

"Of course I suspect Garuda employees have something to do with the case when we look at the documents. Unfortunately, we don't have enough material yet to support our suspicions," Pranowo said.

He was responding to the government-sanctioned fact-finding team, which said Munir's death by arsenic poisoning could involve a conspiracy involving the national flag carrier.

The rights campaigner died aboard a Garuda plane two hours before it landed in Amsterdam. Dutch authorities performed an autopsy and found an excessive amount of arsenic in Munir's body.

The fact-finding team said two employees and a director of Garuda could be linked to the case. The team said a Garuda director issued a letter to cover up irregularities related to Munir's death.

After an investigation, police found that Garuda assigned a pilot, identified as Pollycarpus, to take the flight that took Munir to Singapore on September 7 as an aviation security officer. However, police found Pollycarpus' assignment letter was issued only on September 17 and was typed and signed on a Saturday, when administration offices are normally closed.

Garuda president director Indra Setiawan said he assigned Pollycarpus to travel to Singapore to assist another Garuda unit there. The assignment letter was signed by Garuda's corporate secretary, Ramalgia Anwar, not the operational director, who is the supervisor for all Garuda pilots.

Pranowo said the documents were only clues and not evidence that could support charges against a suspect.

Separately, a source at National Police Headquarters said another Garuda employee could be named a suspect for lying to the office about the existence of Pollycarpus' assignment letter.

She told the police the letter was on her desk before Munir's flight left Jakarta. She later changed her account, saying she had not received the letter before the flight left. The source claimed someone had asked the woman to lie about the letter to hamper the police investigation.

Garuda executive director to be questioned by police

Detik.com - March 7, 2005

Dian Intannia, Jakarta -- The executive director of Garuda airlines, Indra Setiawan, will be questioned by police next week as a witness in the case of Munir's death.

Three other witnesses will also be questioned. The three are airlines security officer Pollycarpus, Garuda corporate secretary Ramelgia Anwar and secretary chief pilot Rohainil Aini. The three names which were obtained from a source in the Munir fact finding team (TPF) were referred to as being the people responsible for Munir's death.

"We have already conducted an investigation of witnesses and already have a [clear] focus [for the investigation]. Perhaps next week we will investigate further in accordance with TPF's recommendations", said Police Commissioner-General Suyitno Landung at the national police headquarters in Jakarta on Monday March 7.

Landung also took the opportunity to say that the reconstruction of Munir's murder has been delayed again. "Later on, if we have provisional suspects, then it will be conducted. Without them, it will confuse the investigators", he added. (aan)

[Translated by James Balowski.]

Reasonable to suspect Garuda involved in Munir's death

Tempo Interactive - March 4, 2005

Erwin Daryanto, Jakarta -- Indonesian's chief of police, General Da'i Bachtiar, has said that it is reasonable to suspect that the management of Garuda airlines is involved in the murder of human rights activist Munir. Bachtiar's comments strengthen an earlier statement by the Fact Finding Team at the State Palace.

After meeting with the President on Thursday March 3, the team said that Garuda's directors were strongly suspected of being involved in Munir's murder. The team said that the murder of Munir was a conspiracy.

According to Bachtiar, suspicion of the involvement of Garuda in Munir's murder was based on the attitude of the directors and management which had been uncooperative in its dealing with the fact finding team. The directors are also suspected of concealing information about the death of the human rights activist. "So it is reasonable to suspect the party concerned was involved in the case of the death of a person", he told journalists on Friday March 3 in Jakarta.

According to Bachtiar however, so far the investigating team from police headquarters has been unable to determine whether there is a suspect in the Munir case. "Don't say later that the conclusions we have drawn are incomplete", he said.

The police investigation team will continue to build the case and evaluate all witnesses based on recommendations from the fact finding team. There will be further investigation of people who are reasonably suspected of involvement in Munir's death. "As to their role we don't know yet", he said.

[Translated by James Balowski.]

Conspiracy in Munir's death: Probe

Jakarta Post - March 4, 2005

Muninggar Sri Saraswati and Rendi A. Witular, Jakarta -- The death of respected human rights activist Munir last September was very likely the result of a conspiracy, a government-sanctioned fact finding team said.

Brig. Gen. Marsudi Hanafi, who heads the team assigned to probe Munir's untimely death, said on Thursday the suspicion followed irregularities found in the management of national flag carrier Garuda Indonesia in response to the probe.

"There is hard evidence that the murder of Munir is a conspiracy. There is no way it was committed by individuals," Marsudi told the press after reporting the results of their preliminary investigation to President Susilo Bambang Yudhoyono.

The team, he added, uncovered indications of the involvement of certain Garuda employees and a Garuda director in the case, which occurred aboard a Garuda flight from Jakarta to Amsterdam. "They have issued some letters to cover up some strange facts related to the murder," said Marsudi.

Munir was found dead a few hours before his plane landed in Amsterdam. An autopsy by Dutch authorities found excessive amounts of arsenic in his body, strongly indicating that he had been murdered.

Another team member, rights activist Asmara Nababan, said the team also questioned a claim by PT Angkasa Pura that operates Soekarno-Hatta Airport in Cengkareng that it did not possess closed-circuit television (CCTV) videotapes of the airport for September 6, one day before Munir's death.

"There are 700 spots covered by CCTV at the airport, which are handled by two operators, so how come they said they did not have the tapes. It's either that management at Angkasa Pura and Garuda is extremely poor, or that they are part of the conspiracy," he said. Marsudi said the team had recommended that the National Police question the management of Garuda and Angkasa Pura.

Asked why the team only focused on civilian institutions that did not have an interest in the rights activist, Marsudi replied: "It's only a preliminary report. We'll think about it later if we complete this job." Asmara said both the team and the police would track down the party behind Garuda's and Angkasa Pura's decision not to cooperate with them in investigating Munir's murder. The team has until May to complete their investigation into the case. Police have not named any suspects as yet.

Munir was known as an outspoken critic of the Indonesian Military (TNI) and its part in past gross human rights violations.

Standing on stairs near the press room, National Intelligence Agency (BIN) chief Syamsir Siregar closely watched the media conference. He refused to comment afterwards.

State Secretary Yusril Ihza Mahendra said the President fully supported the investigation and ordered all state institutions to assist the team. "The President asserts that all state institutions, including BIN, must provide data or accept requests for interviews whenever it might be needed by the team," he said.

Garuda last month canceled a planned reconstruction of the events surrounding Munir's murder, saying that several of its cabin crews were on duty. The reconstruction, using the same Garuda GA 974 and the same cabin crews who flew Munir and other passengers to Amsterdam, was expected to shed the light on the murder of the rights campaigner.

 News & issues

People's Forum demonstrates hospital privatisation

Detik.com - March 9, 2005

Niken Widya Yunita, Jakarta -- Believing it will be commercialised, the People's Forum for Health Concerns (Forum Rakyat Peduli Kesehatan) held a demonstration opposing the privatisation of the local public hospitals (RSUD) and turning them into limited companies.

The action was held by around 50 people at the Jakarta provisional parliament on Jalan Kebon Sirih in Central Jakarta starting at 11.30am on Wednesday March 9.

Demonstrators wore white head bands with the writing "Reject privatisation" and brought a number of posters with messages including "RSUD rats seeking big profits" and "Return RSUD to its social function".

A red banner was also unfurled reading "Privatisation of RSUD an act which will bring suffering to society". The demonstrators declared their opposition to the privatisation of the Pasar Rebo, Cengkareng and RS Haji Pondok Gede public hospitals.

In addition to this, they also called for government regulations 13, 14 and 15 of 2004 on changing local public hospital into limited companies to be revoked. "There will be no bargaining, we will continue to ask that the government regulations be revoked. We will hold continuous actions if [we] are not heard", said the action's public relations officer Rendra Valentino accusingly.

The demonstrators did not send representatives to meet with council members but instead asked the members to join the action. But as yet no council members were prepared to do so.

The action proceeded in an orderly manner and traffic flowed smoothly. Around 20 security personnel guarded the action while the gates to the parliament building were tightly closed. (sss)

[Translated by James Balowski.]

Fuel price hike more important than Ambalat

Detik.com - March 8, 2005

Bagus Kurniawan, Yogyakarta -- On Tuesday March 8, dozens of students from a number of groups in the Central Java city of Yogyakarta held actions opposing fuel price increases. They also called on Yogyakarta people not to be influenced or provoked by the Ambalat dispute(1) between Indonesia and Malaysia to the point where the issue of fuel price increases disappears.

This call was raised by one of the participants, Mamad, who is also a member of the Yogyakarta Indonesian Islamic Student Movement (PMII). Mamad and his colleges were giving speeches in front of the offices of the state owned oil company Pertamina on Jalan Mangkubumi. "We declare [that we] still oppose fuel price increases which were made by the SBY [President Susilo Bambang Yudhoyono] government. We also call on the Yogyakarta people and students not to be influenced by the Ambalat issue", he said.

Mamad explained that the Ambalat dispute between Indonesia and Malaysia should not be used to shift the issue away from fuel prices. Students and the people must continue to voice their opposition to fuel price increases. "The fuel issue is far more important than Ambalat, because fuel [price increases] touch [the lives of] millions of poor people in Indonesia", he asserted.

The joint action between PMII from the Gadjah Mada University (UGM), the Yogyakarta State University and STIEBBANK, started at the UGM campus roundabout in Bulaksumur. As well as bringing posters with messages opposing fuel price increases, they also called on Yudhoyono to reshuffle his cabinet, particularly his economic ministers and to seize the assets of the corrupters.

From the UGM campus they held a long-march to the Yogyakarta provisional parliament on Jalan Malioboro ending up at the State Palace on Jalan Ahmad Yani. During the long-march, some 10 motorcycles owned by students who's engines had been turned off escorted the rally.

Separately, dozens of activists from the Women's and People's Coalition for Reform (KPRP) commemorating International Women's Day also held an action opposing the increases and demanding a reduction in the price of fuel.

In her speech, one of the participants from KPRP, Dian Novita, said the ones who are suffering most because of the fuel price increases are ordinary people, particularly women, that is housewives. The cuts to fuel subsidies has resulted in the people sliding further into poverty with the price of basic goods continuing to increase day by day. "Fuel price increases have also caused more and more working-class women to fall into poverty", she said. (nrl)

Notes:

1. Ambalat - In February 2005 a maritime boarder row erupted between Indonesia and Malaysia over an oil-rich offshore area near North-East Kalimantan and the Malaysian state of Sabah. Some believe that the dispute is being used by the military to push for defense budget increases which would be paid for by money saved from the fuel subsidy cuts announced on March 1. Nationalistic rallies around the country also served to divert the public attention away from the fuel subsidy issue.

[Translated by James Balowski.]

IWD in Bandung also takes up fuel price issues

Detik.com - March 8, 2005

Ahmad Yunus, Bandung -- Around 100 women and farmers from the People's Struggle Front (Front Perjuangan Rakyat) held an action commemorating International Women's Day. In their action, the demonstrators who originate from Pengalengan in West Java, also opposed fuel price increases.

The action was held in front of the Sate Building on Jalan Diponegoro in the West Java provincial capital of Bandung on Tuesday March 8 at around 11.10am. As well a Kuda Lumping(1) artistic performance, demonstrators also brought dozens of posters and issued 10 demands.

The demands included ending all forms of discrimination and violence against women, rejecting polygamy, rejecting contract labour and opposing fuel price increases. They also brought dozens of young children to the action.

"I was taken to Japan in 1942-1945, I was broken hearted [because I was] violated and coerced by the Japanese", said 75-year-old Emah Astimah, a form comfort women during a speech.

From data contained in the leaflets which were being handed out, in 2001 as many as 300,000 Indonesian children were victims of human trafficking to Hong Kong, Malaysia and Taiwan while 650,000 women were trapped in prostitution.

Police officer were visible but did not guard the action very tightly. One woman was seen to faint and was carried to the shade to recover.

Notes:

1. Kuda Lumping - Horse made of plait work with which men dance themselves into a trance.

[Translated by James Balowski.]

Price hike actions dominate IWD rallies in Solo

Detik.com - March 8, 2005

Muchus Budi R., Solo -- International Women's Day (IWD) which fell on March 8 was commemorated by demonstrations in the Central Java city of Solo. The actions was organised by two small groups with the same aims, opposing fuel price increases which they believe will further worsen the economic conditions of the people. Ambalat(1) was no included among the issues raised.

The first action was held by around 40 women calling themselves the Surakarta Women's Alliance. From observations on the ground, most of them were women who have been active in a number of non- government organisations in Solo.

The demonstration which was held between 9am to 10am on Tuesday March 8 used the Gladag roundabout as the site for the action. As well as unfurling a banner opposing fuel price increases they also distributed leaflets to passersby.

Although there numbers were few, there threats were quite angry. "If the policy (to increase fuel prices) is not withdrawn, we will withdraw the mandate of SBY-Kalla's [President Susilo Bambang Yudhoyono-Vice-president Jusuf Kalla] who have failed to fulfil their promises to bring about better reform, but instead have brought further suffering to the people", they wrote in their statement.

Several moments after the women's action dispersed, dozens of students from the Solo University arrived at the Gladag roundabout to demonstrate opposing fuel price increases. The action was also held to commemorate IWD with the group calling itself Women's Solidarity Against Fuel Price Increases. (nrl)

Notes:

1. Ambalat - In February a maritime boarder row erupted between Indonesia and Malaysia over an oil-rich offshore area near North-East Kalimantan and the Malaysian state of Sabah. Some believe that the dispute is being used by the military to push for defense budget increases which would be paid for by money saved from the fuel subsidy cuts announced on March 1. Nationalistic rallies around the country also served to divert the public attention away from the fuel subsidy issue.

[Translated by James Balowski.]

'Worst flood' hits Bekasi, destroys infrastructure

Jakarta Post - March 8, 2005

Wahyuana and Bambang Nurbianto, Jakarta/Bekasi -- Many residents of Bekasi had to take a day off work on Monday to clean thick mud from their houses following what is claimed to be the biggest ever flood in the municipality and upstream areas on Sunday.

The water in several areas had started to subside on Monday.

In the Pondok Gede Permai housing compound, for example, the water level had declined to about five centimeters.

On Sunday, the water level was up to 1.5 meters deep. Bekasi Mayor Akhmad Zulfaih said the floods had also damaged the city's infrastructure, including roads, bridges, and levees in 17 subdistricts across the municipality.

The administration estimated that remedial work would cost about Rp 30 billion (US$3.3 million).

This figure excludes the losses suffered by residents. Sunday's flood affected over 7,000 houses, including a number of housing estates that had previously been regarded as flood-free areas.

Other housing estates located between the Malang and Citarum rivers were also flooded.

Meanwhile, over 650 residents of Kampung Melayu subdistrict, East Jakarta, were also forced to leave their homes again on Sunday as the floodwaters made an unwelcome return.

Last month, some 2,500 residents had to take shelter as the Ciliwung River inundated the area.

Reports say that the poor condition of the levees lining the Bekasi and Cikeas rivers in three areas -- Jatirasa subdistrict (200 meters), Bojong Rawalumbu (five meters), and Kota Baru subdistricts (15 meters), contributed to the huge flood, as well as the fact that continuous heavy rain fell for over 10 hours starting on Saturday.

Meanwhile, around 300 storekeepers on the ground floor of the Mal Mega Bekasi shopping center demanded that the building management pay them compensation for the losses they suffered due to Sunday's floods.

This time around, the traders refused compensation in the form of free promotion or discounted fees and service charges, which they had been given following previous floods. They also demanded that the management relocate them to the upper floor. feel free to cut "We need cash to rebuild our businesses after the floods... if the management fails to respond quickly, then we may take the case to court," a representative of the traders, Rizaldi, remarked.

The shopping mall is located on Jl. Ahmad Yani, near the Bekasi Barat toll gate, alongside Giant hypermarket, Metropolitan Mall I and II, Ramayana department store, Horison Hotel and Hero department store.

While much of the ground floor was completely under water, the parking lot, which is located above it, was also flooded.

The Malang river -- which is located about 200 meters away from the back of the shopping complex -- burst its banks at around 5 a.m. on Sunday.

The traders lost merchandise valued at between Rp 200 million and Rp 400 million per shop.

137 bodies recovered in dump evacuation

Jakarta Post - March 8, 2005

Yuli Tri Suwarni, Bandung -- Evacuation of landslide victims at the Leuwigajah dump site in south Cimahi and Bandung regency ended on Monday, with 137 bodies being recovered and six more being left buried in the 25-hectare area affected by the disaster.

The search and rescue operation ended after 15 days, with the agreement of Bandung Regent Obar Sobarna, local administrations, the National Search and Rescue (SAR) body, relatives of the victims and the Indonesian Ulema Council.

"All parties have agreed to stop the operation because it's gone beyond tolerable psychological limits of the search and rescue team, and also because more than 75 percent of the victims have been recovered," Bandung-Cimahi district military chief, Lt. Col. Achmad Syaefudin, told The Jakarta Post on Monday.

Four volunteers reportedly fainted recently, allegedly from the effects of methane gas, while working to recover bodies from the mountains of garbage that collapsed on February 21 flattening 70 houses in two villages.

Bandung Regent Obar Sobarna said the regental administration was still trying to find a place to relocate around 180 families living in the disaster area.

But he declined to provide details on the amount of money set aside for the relocation plan. "Some residents have asked for compensation and want to move to places of their own choice, so we'll have to do the calculations first," he said.

Cimahi Major Itoch Tochya said his administration has set aside Rp 50 billion (US$5.3 million) to relocate residents wanting to move from the dump site area.

"Only two families living in our part of the dump site (Cimahi) were victims," Itoch said. "If their neighbors want to be relocated, we'll prepare the money." Meanwhile, West Java Governor Danny Setiawan has signed an MOU with a Malaysian investor to integrate the waste management systems of five regencies and municipalities in Bandung.

Called the Greater Bandung Waste Management Project, the dump will manage garbage from the Bandung regency and municipality, Cimahi mayoralty, Sumedang regency and Garut regency using sanitary landfill systems and sophisticated technology.

Two locations -- Cijeruk and Cirawamekar in Bandung regency -- have been determined as candidate locations for the integrated dump site.

"The investor will build the integrated dump site by 2006," Danny said on Monday.

Fuel protests mark Women's Day

Jakarta Post - March 9, 2005

Jakarta/Makassar/Cirebon -- While women in other parts of the world launched rallies to demand equal rights in commemorating International Women's Day on Tuesday, women here launched protests nationwide against the recent fuel price hike.

In Makassar, South Sulawesi, about 100 women gathered to protest the price increase in front of the local council's compound. The protesters, most of whom were housewives and mature-aged women, said the policy affected them the most as they were responsible for managing household spending. They said the government needed to be more serious in its battle against corruption instead of cutting the fuel subsidy.

The government earlier this month raised fuel prices by an average of 29 percent, as oil prices on the international market soared to record levels. The President said the country's economy was on the verge of collapse under the weight of the fuel subsidy.

Although the government has promised to provide compensation for poor families in the form of free education, health services, cheaper rice, and subsidized public transportation fares, many remain opposed to the unpopular policy. Some lawmakers have even planned to launch an investigation into the policy.

In Semarang, Central Java, dozens of women activists grouped in a non-governmental organization called the Women and Children's Care Network also staged an anti-fuel hike rally. Carrying various kitchen tools, the women accused President Susilo Bambang Yudhoyono and Vice President Yusuf Kalla of lacking sensitivity toward Indonesian women who would bear the brunt of the fuel price hike.

"The government has adopted capitalism, which of course, affects the people's welfare. Such a policy will only restrict women's access to basic needs, such as health, education, clothing and housing," said Eva, one of the protesters. "I wonder why the government has failed to eradicate corruption among officials working with Pertamina," she said, referring to state oil and gas company PT Pertamina.

Meanwhile, students nationwide continued to rally against the fuel hike policy. In Indramayu regency, West Java, protesters blockaded the main gates of Pertamina's marketing unit in Balongan. The students also burned tires.

Meanwhile, academics from two noted universities in Makassar warned people of efforts by the government to blow up the ongoing border dispute between Malaysia and Indonesia in a bid to divert the people's attention away from the unpopular fuel hike policy issue.

Arief Wicaksono, a lecturer from Hasanudin University, also feared that the military might use the border dispute issue to demand a higher defense budget by using part of the money saved from cutting the fuel subsidy. "I guess it is not a coincidence if the Ambalat issue (the border dispute case) has suddenly surfaced amid various protests against the government's policy on fuel prices," Arief said as quoted by Antara.

Cases of violence against women increase

Jakarta Post - March 9, 2005

Hera Diani, Jakarta -- What a parrot says can tell you something about its master. A parrot kept at former president Soeharto's home reportedly still greeted its owner with "Good morning, Mr. President" every single day.

Meanwhile, a certain parrot kept at a house in Bekasi, West Java, portrays a sad reality that sometimes occurs between a husband and a wife.

"Stupid! You pig!" the parrot shrieked, repeating the words of his master "Adi", 46, who frequently yells the words to his 43- year old wife, "Lisa", while also beating her.

Lisa said she had often considered divorce, but always relented whenever her husband begged for forgiveness.

The beatings have become less frequent now that the couple are planning to go on the haj pilgrimage to Mecca, Saudi Arabia, this year, although the verbal abuse has continued.

"I have become frigid and numb," said Lisa, adding that she only stayed because of her two teenage children.

Lisa's case is just another example of violence against women in Indonesia, which the National Commission on Violence Against Women (Komnas Perempuan) said continues to increase every year, with the highest prevalence being domestic violence.

Released on Monday, Komnas Perempuan's report shows that at least 3,160 cases of violence against women were recorded across the country in 2001. The number increased to 5,163 cases a year later, and 7,787 cases in 2003.

In 2004, the number of cases almost doubled to 14,020 cases.

Of the 14,020 cases, 4,310 were acts of domestic violence, 2,470 occurred within the community, 6,634 in households, 562 were female trafficking cases, and the remaining 302 were acts of violence by state personnel.

The report was supported by data gathered by 43 women's organizations in 14 provinces, 70 district courts in 20 provinces, two religious courts in two provinces, 28 women's desks (RPK) at Police headquarters in 28 provinces, 11 hospitals in nine provinces and the Attorney General's Office.

Komnas Perempuan activist Myra Diarsi said the institutions dealing with cases of violence against women had shown some improvement in the way that they handled them.

Their filing systems have also improved and they have been more willing to share data to establish a more comprehensive and nation-wide database, she added.

"The fact that these institutions function better is heartening. Other victims are then encouraged to report their cases," Myra said.

However, she added, the reported cases still represented the tip of the iceberg, with many more cases not being reported.

Aside from domestic violence, women continue to fall victim in wider circumstances, politically, socially and financially.

The deadly clashes between the local administration and farmers in Manggarai, East Nusa Tenggara, for instance, caused many women to lose their husbands. However, as widows are not recognized as breadwinners, they also lost rights to their lands, leaving them penniless.

Other prominent cases involved violence against migrant workers, trafficking and abuse of women in conflict areas, such as Aceh, Maluku and Poso in Central Sulawesi, as well as the environmental destruction as occurred in Buyat Bay, North Sulawesi, and the Bojong dump site in West Java.

Komnas Perempuan chairwoman Kamala Chandrakirana said that as violence against women increased, demand for government action also increased.

Progress was achieved in 2004 when the House of Representatives passed Law No. 23/2004 on the elimination of domestic violence. However, too many law enforcers are still not familiar with this law.

"The government should ensure the implementation of the laws at each level of law enforcement. They should also push for the passing of an anti-trafficking law, and provide shelters, crisis centers and hospitals for migrant workers," Kamala said.

Other recommendations from her commission included: Reevaluating policies on migrant workers with a human rights and gender equity approach Making sure that migrants are recognized legally as workers, with the right to organize Reopening discussions on an alternative draft for an Islamic code of law that could help reduce violence against women Monitoring the implementation of women's rights in conflict regions Developing a national database on violence against women.

'The assistance funds will miss their target'

Jakarta Post - March 7, 2005

The government has cut fuel subsidies, but raised subsidies for other things including health and education for the country's poorest families. The Jakarta Post asked for comments from residents about the low-income assistance fund.

Diniarti, 23, a graduate student of management at Trisakti University, West Jakarta. She lives in Kampung Baru, South Jakarta: I don't think the fund will all go to the targeted people.

The main reason is corruption. Everyone in the government handling this program wants to get their hands on that money. The system to implement the program is a complex bureaucracy.

Another thing is poor administrative and record systems. I think there should be an independent body that handles the distribution of assistance. The government should work with organizations that have less bureaucracy to prevent embezzlement of the fund.

Badrun, 31, a shop keeper working at Blok M commercial district, South Jakarta. He lives with his wife and two children in Tangerang. His monthly salary is only Rp 800,000 (US$83.33): Well, I hope the government will fulfill its promises about the low-income assistance fund to offset fuel price increases. And I hope it will be immediately delivered to poor people most affected by the price hikes.

The government must learn from the implementation of a similar program in the past that did not take go very well. What I learned from my neighborhood is that not all poor families received assistance -- inexpensive rice for example.

Sometimes, the money did not reach the right targets. Some of my neighbors told me that they did not receive rice and complained that those who were better off did receive it.

Prices remain stable as fuel hike factored in

Jakarta Post - March 5, 2005

Jakarta -- Prices at traditional markets remained relatively stable three days after the government raised fuel prices by an average of 29 percent, as they had slightly increased after the government floated the idea last month.

"I haven't noticed any increase this past week," said Atang, who shops daily at Kebayoran market in South Jakarta for his catering business. "Most prices rose in February." Asep, who sells rice at Slipi market in West Jakarta, said prices of staple food started creeping up in February, in anticipation of the fuel hike.

"Each week I would increase the price by Rp 50," said Asep. "At the beginning of the month, I was selling it for Rp 3,250 per kilogram, now it is Rp 3,400." He added that by incrementally increasing the price he was able to soften the impact it would have on his customers, who in general were understanding of the reason behind the increase.

Ratih, who has sold vegetables at Slipi market for 20 years, said most of her produce suppliers started to increase prices in February, as they were starting to factor in the government's planned reduction of the fuel subsidy.

"If there are any fluctuations in price now, it will mostly be for products affected by the weather, such as chili and onions," said Ratih.

She added that although the fuel price hike did not cause prices to immediately jump, she could not guarantee that they would remain stable as the whole economic impact of the fuel price hike had not been played out yet.

Atang said that although he could tolerate an increase of up to 10 percent, he hoped prices would remain stable. He added that besides increasing prices, some vendors had found other ways to pass on the impact of the fuel hike to their customers.

"For instance, the price of tempeh, which is sold in sheets, has not risen," said Atang. "However, the seller has made the portions noticeably smaller."

New measures planed to quell fuel price protests

Agence France Presse - March 7, 2005

Indonesia's government will offer incentives for public transport operators to keep their fares down in an effort to quell widespread protests following major fuel price hikes, a report said.

Transport Minister Hatta Rajasa said the package of measures would include an exemption from import duties on commercial passenger vehicles while a crackdown would be launched on corruption and crime plaguing the industry.

"If we can curb extortion by unscrupulous officials and thugs and make the operation more efficient, the operators will not raise their fees as high," she said, according to the Jakarta Post newspaper.

Indonesia last week raised fuel prices by an average of 29 percent sparking a wave of protests by public transport operators.

Although officials have said that fuel prices account for a small percentage of the operational costs of public transport, operators have unilaterally raised fares, sometimes by up to 50 percent.

The incentive "has been created so that drivers and ticketers do not raise their fares by more than 10 percent because this will spark public protests," Rajasa said.

Analysts say that Indonesia's inflation rate will surge in March following the fuel price hike, with transportation prices likely to lead the way.

Australian banned from Aceh says has no rebel links

Reuters - March 6, 2005

An Australian academic banned from Indonesia said yesterday that incorrect reports he had links to separatist rebels in Aceh province could have been the reason he was refused entry this week.

Edward Aspinall was turned away in Jakarta on Tuesday on his way to work for an Australian aid agency in Aceh, where more than 220,000 people are dead or missing after the Boxing Day tsunami.

It was the first time an Australian academic had been refused entry since the election of Indonesian President Susilo Bambang Yudhoyono last October.

Indonesia has long been sensitive about foreign academics who comment on issues such as separatism and terrorism, but Australian media described Mr Aspinall's treatment as reminiscent of restrictions imposed by former Indonesian President Suharto.

Mr Aspinall said he had a business visa allowing him entry but was told in Jakarta his name had been placed on a blacklist on February 25. He said he had been given no further explanation and had been put back on the same plane and sent home.

He rejected Indonesian media reports that he was closely linked with Free Aceh Movement (GAM) rebels, who last month held another round of peace talks with the Indonesian Government in Helsinki aimed at ending three decades of violence.

"There was an article in the Jakarta Post saying I'd become an adviser to a GAM member, which is entirely false," Mr Aspinall told Reuters. "Presumably there might be some confusion about what my relationship is with GAM," he said.

During the latest round of Finnish-mediated talks, Australian academic Damien Kingsbury acted as an adviser for the GAM separatists, who are studying Indonesia's latest offer of "self rule" for the gas-rich province on the north of Sumatra island. "I would hope they wouldn't be confusing me with somebody else," Mr Aspinall said.

Indonesian foreign ministry spokesman Marty Natalegawa said he did not know why Mr Aspinall had been refused entry but did not believe his case should be treated as "a barometer" of academic freedom in Indonesia. "I don't think we are hinging the degree of academic freedom in Indonesia on the travel plans of Mr Aspinall," Mr Natalegawa told reporters in Jakarta on Friday.

A frequent visitor to Indonesia and one of Australia's leading experts on the country, Mr Aspinall said he had had no difficulty with authorities while he worked as a translator for Australian doctors treating tsunami victims in Aceh in January.

He said he had written to Indonesia's ambassador to Australia seeking more information but had not received a reply. "I can only guess it was something I said," Mr Aspinall said. Mr Aspinall lectures in South-East Asian studies and history at the University of Sydney.

People feel bite of fuel price hike

Jakarta Post - March 5, 2005

Jakarta -- People began to feel the bite of the fuel price hikes on Friday on the beaches and in the streets, with some fishermen abandoning their boats in coastal areas, while in the cities passengers fought with bus drivers over increased fares.

In the northern coastal area of West Java, many fishermen left their boats tied to piers after diesel prices rose to between Rp 2,400 and Rp 2,500 a liter in Gebang, Cirebon, higher than the official Rp 2,100 (about 23 US cents) a liter. About 8,000 fishing families were affected.

"We'll wait until the diesel fuel prices stabilize. Even with the subsidized prices, we found it difficult to keep fishing, and even more so with the high retail prices now," said 24-year-old Karsan from Gebang.

The remote location of the village contributed to the high price of diesel, he said. A gas station for the fishermen reportedly built by former first husband's Taufik Kiemas had gone out of business a while before, he said.

A Dadap fisherman, Kusnadi, said he would have to borrow money before he could finance a fishing trip under the current conditions. Fuel, food and ice would cost him about Rp 100,000, he said.

"Other fishermen are also trying to find more money, either by borrowing it from the cooperative or switching to other jobs like becoming construction workers," Kusnadi said.

In Manado, North Sulawesi, the Indonesian Fishermen's Association (HNSI) said local administrations should charge fishermen less levies, and make fishing permits cheaper and less time-consuming.

"These recommendations should be immediately implemented since the fuel price hikes have caused so much suffering to so many fishermen," HNSI chairman Ferry Kokali said.

Meanwhile, in the streets of Bandarlampung, the price hikes triggered violent a spate of incidents between passengers and public minivan drivers.

On Friday, a construction worker Purnomo erupted into a public bus rage when his normal Rp 1,000 fare was thrown back in his face by a minivan driver's assistant, Rudi, who cursed him and demanded he pay Rp 3,000.

Other passengers managed to separate the two. "If you ask for fare hike, be logical. If you raise the fare to Rp 3,000, it's too much," Purnomo said. The fight was one of 15 recorded by public order officials on Friday.

In Pekanbaru, the public transport service returned to normal Friday following strikes by hundreds of minivan drivers during the last couple of days. The drivers agreed to 20 percent fare increase.

In Bandung, a food seller, Uni, complained about the high price of rice. Previously, she bought 50 kg of rice at Rp 140,000, but the price had continued to rise. Now, with the fuel price hikes, she was paying around Rp 195,000.

In Central Java town of Surakarta, some 1,500 factory workers, students and Muslim youth groups demanded on Friday the replacement of President Susilo Bambang Yudhoyono's economic team.

"The government is too arrogant, raising fuel prices at a time when the people's welfare is at the lowest point," Sebelas Maret University student president Ikhlas Thamrin said.

Government attacked for banning Aussie scholar

Jakarta Post - March 5, 2005

Adianto P. Simamora, Jakarta -- A top human rights activist criticized the move by the immigration office to ban Australian academic Edward Aspinall from entering the country, describing it as an "irresponsible act" by the government.

Hendardi of the Indonesian Legal Aid and Human Rights Association (PBHI) said that the ban was the sort of thing that would have been par for the course during the era of authoritarian president Soeharto.

"This is truly an irresponsible decision. The government has to explain this. They have to explain to the public why they banned Aspinall," he said on Friday.

The immigration authorities sent Aspinall back to Sydney on Tuesday shortly after he arrived on a business visa at Soekarno- Hatta International Airport. He was on his way to Aceh to help an aid agency there. The immigration office said that the ban had been imposed at the request of the Ministry of Foreign Affairs and the Indonesian Embassy in Canberra.

The ministry declined to give reasons for the ban. But a source said that Aspinall was allegedly also acting as an "advisor" to the Free Aceh Movement (GAM) separatist group.

"I personally know Dr. Edward Aspinall. He has contributed a lot to the development of Indonesian democracy through his thoughts and writings. He is very objective in his writings. Why should the government be worried by what he thinks?" Hendardi asked.

Hendardi also said that if the government suspected that Aspinall had a relationship with the Free Aceh Movement (GAM), the accusation should have been proven first before imposing the ban. "This ban shows that there is no room for freedom of thought in Indonesia," he said.

Political analyst Fachry Ali was also surprised by the ban. "I was so surprised to hear this. I know him. He was the one who read my thesis while I was studying for my master's. This reflects the old pattern, a government that is afraid of intellectuals. This is an irresponsible decision." "This is the first time that this country has ever been led by an intellectual, Dr. Susilo Bambang Yudhoyono. I can't figure out why his government has blacklisted a fellow intellectual whose writings and thoughts are valuable for promoting Indonesian studies among Western scholars." "Don't mire Indonesia in backwardness by banning intellectuals who have a deep, abiding interest in the country."

Meanwhile, Marty Natalegawa, a spokesman for the Ministry of Foreign Affairs, insisted that the government's decision to ban Aspinall from entering Indonesia was not intended to restrict freedom of expression in this country. "I don't think we are obstructing academic freedom in Indonesia. We should not use him [Aspinall] as a barometer of academic freedom here," he said.

Marty said that the decision was made after considering the advice of many parties. "But I don't know [the reason] why he has not been allowed to enter Indonesia, and we do not have an obligation to explain it as it is something that is the inherent right of every country, to be able to say 'yes' or 'no' to anyone visiting the country," he said.

Mass organisations launch class action against SBY

Tempo Interactive - March 6, 2005

Agus Supriyanto, Jakarta -- At a press conference in Jakarta on Sunday March 6, seven mass organisations declared that they are launching a class action against President Susilo Bambang Yudhoyono (SBY). According to the plaintiffs, SBY has acted improperly in increasing the price of fuel.

The suit will presented as a class action though their legal representative the People's Lawyers Union (SPR). The individuals acting as class representatives for the seven mass organisations are Munatsir Mustaman (chairperson of the Popular Youth Movement, GPK), Gigih Guntoro (general secretary of the National Student League for Democracy, LMND), Lukamn Hakim (chairperson of the People's Democratic Party, PRD), Rahman Tiro (deputy-general secretary of the National Regeneration Movement, GRN), Ariyo Adityo (Center of Information and Action Network for Reform, Pijar), Yudis (secretary Action Study Circle for Indonesian Democracy) and Deddy Rohman (director Indonesian Front for the Defence of Human Rights, Infight).

SPR logged the civil suit with the Central Jakarta State Court on Thursday March 3. The legal grounds for the class action are Regulation Number 1/2002 of the Supreme Court of the Republic of Indonesia, Article 1(a), which reads: "A class action suit is a procedure to present a suit where one or more persons representing a group presents a suit on behalf of the group or on their own behalf and at the same time represents a large group of people where there exists common factors or legal grounds between the group's representative and the group members being referred to".

In the civil suit the plaintiffs wish to prove that in legal terms and in the most formal parameters -- the decision to increase fuel prices by SBY is incorrect. According to Hakim, at the same time they want to provide an understanding to the Indonesian people that there are legal mechanisms which can in fact can be taken by the Indonesian people to sue their president. "And this is one way to prosecute these demand aside from street actions", he said.

According to SPR lawyer Habiburrahman, the suit will prove that the different theories which have been used by "red plate"(1) economic experts which legitimise fuel price increases are wrong and misleading. "In order to support the suit we will be preparing witnesses, material evidence as well as a number of experts which will later bring to court", he said.

Notes:

1. Meaning "government owned" as government owned vehicles have red number plates.

[Translated by James Balowski.]

Peaceful demo in Palu attacked by police, three wounded

Tempo Interactive - March 7, 2005

Darlis M., Palu -- President Susilo Bambang Yudhoyono's warning not to act violently against demonstrations opposing fuel price increases appears to be only words. Police in the Central Sulawesi city of Palu were unable to restrain themselves, attacking and beating students who were demonstrating in the centre of the city. As a result, it caused traffic jams and chaos. "They are still militaristic in carrying out their duties", said the action field coordinator M. Taufik.

The peaceful action by 300 students from across Palu started at 10am with demonstrators giving speeches in front of the Central Sulawesi parliament on Jalan Samratulang. They were demanding that the government's policy to increase the price of fuel be reviewed because if they persists with the policy the Yudhoyono government will be taking a very serious political gamble. "SBY- Kalla [Yudhoynono-Vice-president Jusuf Kalla] must resign from their posts", shouted the demonstrators.

The action was tightly guarded by a platoon of police officers. Suddenly, in the middle of the student's speeches, a stone flew in the direction of the police. The provocation made police furious and they angrily chased and beat demonstrators, pursuing them onto the main road and causing a traffic jam on Jalan Protokol Kota.

Five students who were hit by truncheons were rushed to hospital with head wounds. One of them suffered serious injuries and had to be put on an artificial resperator. Police also arrested three students.

The action only ended after the three students were released with the assistance of members of the Central Sulawesi parliament. According to Taufik, who is also the chairperson of the Tadulako University Student Executive Council, they will take legal action over the incident. They are to appoint the Central Sulawesi Institute for Legal Development and Human Rights (LPSHAM) as their legal representative. "The security forces and police haven's changed, [they are] still inclined towards violence", he said.

According to Taufik, Palu students will not retreat from their opposition the fuel price increase policy, even if they are deal with violently. Students plan to remain at the parliament until council members agree to sign a document opposing the price increases. "On Tuesday, tomorrow, we will consolidate [our forces], we will go to the streets again and demonstrate", he said

[Translated by James Balowski.]

No letup in actions against fuel price increase

Detik.com - March 6, 2005

Astrid Felicia Lim, Jakarta -- Those traveling around the city of Jakarta need be ready to be held up by traffic jams because of actions opposing fuel price increases which are being organised by members of the public and activist groups. Actions in the capital city against price increases continued on Sunday March 6.

The United People's Alliance, who had earlier vehemently opposed the fuel price increases, will be organising an open forum, rally and be distributing leaflets. The demonstration will start at the Poncol Senen Monument in Central Jakarta, continue south via the railway line and end at the Jatinegara train station. The action is planned to begin at 3pm.

Activist from the City Forum (Forkot) meanwhile, plan to hold an action to collect signatures which will be held on Saturday March 5. The action will be held in the Kampung Melayu area in East Jakarta at around 12noon. Forkot will also be working jointly with a number of other organisations including several from outside Jakarta to organise a general strike.

Since the price of fuel was increased on March 1, a total of 327 actions have been held by students, housewives, drivers and activists in various cities across Indonesia. (ast)

[Translated by James Balowski.]

Indonesia turns back respected academic

Sydney Morning Herald - March 3, 2005

Matthew Moore, Jakarta -- One of Australia's most highly regarded Indonesia experts has been banned from entering the country in a move reminiscent of restrictions imposed by the Soeharto regime.

Edward Aspinall, of Sydney University, arrived in Jakarta with a business visa on Tuesday night en route to help an aid agency in Aceh. He was told his name had been placed on a blacklist on February 25, and he was sent back to Sydney on the same flight. He is the first academic to be banned from Indonesia since the election of President Susilo Bambang Yudhoyono, and the move against someone well known for his moderate views and articles has shocked experts on Indonesia around the world.

Dr Aspinall said he had lost count of the number of times he had been to Indonesia since he first lived in Java when he was 14. He was at a loss to know why he had been banned now.

"I am shocked and confused, I find it very hard to know why," he said. "The staff were very polite and showed me a document which said the reason for the ban was a letter from the Indonesian ambassador, dated February 25, the same day I was issued a visa at the Indonesian consulate in Sydney."

Dr Aspinall was going to Aceh as a consultant for an Australian aid agency project when he was stopped. Several weeks ago he did voluntary work in Aceh translating for Australian doctors treating patients in hospital. Last night, Indonesia's ambassador in Canberra, Imron Cotan, confirmed he had called for Dr Aspinall to be kept out of the country but refused to say why.

Dr Aspinall was recently attacked by the Indonesian embassy's second secretary, Dino Kusnadi, when he was quoted by the Herald criticising the separatist rebels of the Free Aceh Movement.

Although such comments would normally attract praise, Mr Kusnadi wrote to the Herald describing Dr Aspinall as someone "long known to harbour anti-Indonesian sentiments".

Dr Aspinall has recently accepted an Australian National University appointment to take over from Dr Harold Crouch, one of the country's leading experts on Indonesia.

Fuel price hike protests lose fire

Jakarta Post - March 3, 2005

Jakarta -- The protests against rises in fuel prices largely fizzled out on Wednesday in many cities across the country in what could been seen as one of the biggest political tests for President Susilo Bambang Yudhoyono since taking power last October.

However, the protests did not come to a complete end, and demonstrators continued to set fire to tires on the streets, seize passing fuel trucks and block roads, while public transportation drivers staged strikes in several cities to put pressure on the government to cancel the increases.

A clash broke out between 300 student protesters and police during a second day of protests in Cirebon, West Java. No casualties were reported but several activists were injured after falling during the melee.

The scuffles took place on Jl. Dharsono, which is part of the busy north coast highway connecting Jakarta and West Java.

It started after the students refused to release a truck carrying staple foodstuffs that they had seized during their protest. The protesters also blocked the road for five hours with burning tires until around 2 p.m.

The roadblock caused serious congestion, paralyzing traffic on Java's main highway. Hundreds of policemen had to reroute vehicles along a number of alternative routes to ease.

Sporadic rallies also continued in several places across Makassar, South Sulawesi, including one quite near the private residence of Vice President Jusuf Kalla on Jl. Haji Bau.

However, the student protesters from the Alauddin State Institute of Islamic Studies (IAIN) were kept from getting too close to the residence as it was tightly guarded by police.

"We deliberately came to the Vice President's house as we consider this location to be as close to the State Palace as we can get in order to convey our views," a demonstrator said. "Hey, SBY-JK, where is your promise to improve the lot of the common people," he added, referring to Susilo and Kalla.

Also in Makassar, public transportation drivers went on strike to demand that fares be increased following the fuel price rises that came into effect on Monday. The strike left thousands of commuters stranded along the city's main roads.

A clash nearly erupted between some of the strikers and the drivers of buses serving Hasanuddin University, who refused to offload their passengers and join the strike. However, the incident passed off peacefully.

A similar strike was staged in Kendari, Southeast Sulawesi, with striking drivers ordering non-participating drivers to offload their passengers and park their vehicles at the roadside.

Ashar, a striking driver, said he and his colleagues would continue protesting until their demands were heeded by the local government.

The Kendari administration and police were forced to deploy official vehicles to transport stranded passengers.

Similar boycotts were held by protesting drivers in other cities, including Riau capital Pekanbaru, Padang in West Sumatra, Purwokerto in Central Java and Kupang in East Nusa Tenggara.

During a noisy rally in Pekanbaru, more than 100 students from various universities in Riau stopped and seized a diesel tanker truck belonging to state-owned oil and gas firm Pertamina.

They demonstrators later marched to the province's legislative council, demanding that it put pressure on the House of Representatives to pass a motion of no confidence in the Susilo administration.

The protesters also urged the government to arrest big-time corrupters, whom they blamed for partly contributing to the fuel price hikes.

"Oil-rich Riau should not be made to suffer as a result of SBY's policies. It's the people in Jakarta who are corrupt, but we are also affected by this. We demand that SBY be unseated," shouted a student.

In Padang, over 100 public transportation drivers on the Pasar Raya-Tabing and Pasar Raya-Lubuk Buaya routes stopped work for more than three hours from 10 a.m.

As a result, hundreds of students and other passengers were stranded at bus stops. Some of them had to take taxis or ojek (motorcycle taxis) to get to their schools and workplaces.

Public transport fares raised unilaterally

Jakarta Post - March 3, 2005

Damar Harsanto, Jakarta -- Crews on public transport vehicles have unilaterally raised their fares following the 29 percent fuel price hike on Tuesday, despite the fact that the city administration has yet to make a decision on the issue.

"The bus crew asked me to pay Rp 1,500, higher than the previous tariff of Rp 1,200," said Wardah, a resident of Pondok Kopi, referring to the crew of a Metromini bus plying the route between Pondok Kopi and Kampung Melayu, in East Jakarta.

Passengers on a Mikrolet M-16 van from Kampung Melayu to Pasar Minggu in South Jakarta also complained that they had to dig deeper into their pockets, being forced to pay Rp 2,000, an increase of Rp 500.

Drivers of Patas AC 73 buses plying the Kampung Rambutan-Ciledug route, Patas AC 48 buses serving the Depok-Grogol route, Metrominis plying the Lebak Bulus-Pondok Cabe route, and Metrominis serving the Kebayoran Lama-Ciputat line, had reportedly all raised their fares.

Head of the traffic monitoring division at the City Transportation Agency Henda Sunugroho admitted that his agency had spotted several public transportation crews who had unlawfully increased their fares.

"We caught them posting stickers on their vehicles notifying passengers of new fares. But, they [the crews] claimed that passengers were still paying the prevailing fares," Henda told The Jakarta Post.

Henda said that the agency had also set up 'complaint posts' at bus terminals across the city and main roads, including Jl. Jend. Sudirman in South Jakarta and Jl. May. Gen. Sutoyo in Cawang, East Jakarta. "Passengers can lodge complaints about unlawful fare hikes imposed by public transport crews to our officers at the posts," said Henda, adding that the posts would be open till 10 p.m. every day until the administration officially announced new fares.

Chairman of the Jakarta chapter of the Public Transport Owners Association (Organda Jakarta) Herry JC Rotty said that the association had been assigned by the City administration and the Jakarta Transportation Council to calculate the impact of the fuel prices hikes on public transportation costs. "We are expecting to come up with results next week. These will then be submitted to the City Transportation Agency, which will pass it on to the City Transportation Council for further deliberation, before the administration eventually announces new tariffs," Herry told the Post.

Herry said the association would in all likelihood be sticking to the 10 percent increase they had proposed on Tuesday. Commenting on reports that public transport crews were unilaterally increasing their tariffs, he claimed that the association and the City Transportation Agency were cooperating to intensify monitoring and that stern sanctions would be imposed on public transport operators who engaged in such practices.

Meanwhile, City Transportation Council chairman Sutanto Soehodho promised that the council would listen to both public transport operators and passengers in its deliberations. "We will come up with a recommendation on what increase would be reasonable in accordance with input we receive from the public," Sutanto said.

Although the 15-member council supposedly represents all interests in the community, the final decision on the new tariffs will be in the hands of Jakarta Governor Sutiyoso.

Bojong residents sentenced for roles in riot

Jakarta Post - March 3, 2005

Theresia Sufa, Bogor -- The Cibinong District Court pronounced on Monday the sentences of 17 residents of Bojong village, Bogor, West Java, to the cheers of the defendants' families and neighbors as they received shorter prison terms than demanded by the prosecution.

The defendants, who were tried in three separate courtrooms, received sentences ranging from a suspended sentence to eight months in prison for their roles in damaging Rp 8 billion (US$ 865,000) worth of equipment belonging to the operator of a dump in the neighborhood on November 22 of last year.

The defendants were part of a group of residents who were protesting the operation of the dump, which they said was harmful to the environment and their neighborhood.

Rohim Suminta came away with the lightest sentence, a suspended sentence of four months, served only if he commits another crime in the next eight months. The panel of judges cited Rohim's status as a senior in a vocational high school as the mitigating circumstance.

Eight of the defendants -- Nenin Oman, Nazarudin, Edi Ejan, Dede Suparman, Akbar Yanto, Ejan Nasa, Adang Hermawan and Iskandar, were sentenced to three months and 15 days in prison, short of the six months demanded by prosecutors.

"Taking into account the time you have served, you will be free on Sunday," said presiding judge MS Adam.

Six other defendants -- Galuh Rasimin, Mirga Umin, Ata Naing, Ace Soma, Anan Aja and Dayat Supriyadi, were sentenced to five months, from which the time they have spent in detention since their arrest on November 23 will be deducted.

The other two defendants, Taing Isa and Aming Gunawan, were sentenced to eight months minus time served.

All 17 defendants were found guilty of violating Article 170 of the Criminal Code on causing collective damage to property. The article carries a maximum sentence of five and a half years in prison.

The court has yet to rule on Atang Ombak, who is charged with instigating the riot.

The protest marked the peak of locals' strong opposition to the presence of dump, which has the capacity to absorb 2,000 tons of Jakarta's 6,000 tons of daily waste and 400 tons of Bogor's daily waste.

Last December, 14 police officers have been found guilty of using unnecessary disciplinary methods to restore order during the riot, while two others were declared guilty of violating the Criminal Code, for causing serious injuries to several residents.

The police disciplinary committee also declared eight members of the police's Mobile Brigade guilty of using excessive methods to restore order.

Protesters target gas stations, residents

Jakarta Post - March 4, 2005

Jakarta -- Protests over the fuel price hike continued on Thursday in several cities across the country, though the number of protesters was smaller than on previous days.

Public transportation drivers continued their protests and students increased the pressure by blocking off roads and setting fire to tires.

During a rally in Semarang, Central Java, dozens of people attempted to force a gas station to sell gasoline and diesel fuel at their prices before the fuel price increase was announced on Monday night. However, the action was broken up by some 100 police officers who set up a perimeter around the gas station on Jl. Pandanaran.

"We reject the fuel price rises and we will force gas stations or distributors to sell fuel at the old prices," protest coordinator Sunu Wiwit said.

The protesters began the rally at about 9 a.m. at the Randusari traditional market in downtown Semarang, where they urged local residents to refuse to buy fuel at the new prices. They later marched to several resettlement areas, where they delivered speeches.

"If the government refuses to consider our demand, SBY and JK should resign," Sunu said, referring to President Susilo Bambang Yudhoyono and Vice President Jusuf Kalla.

Thousands of students and drivers held a joint protest outside the North Sumatra governor's office and the provincial legislative council in Medan. They said the fuel hike policy would add to the suffering of the people because higher fuel prices would be followed by increases in the prices of basic goods.

Blocking roads and burning tires, the protesters demanded the resignations of Susilo and Kalla for failing to live up to their campaign promise to improve the lives of the people. "This action will not end. We will take to the streets in larger numbers if the government does not cancel the fuel price increases," shouted one of the protesters.

In Pekanbaru, Riau, public transportation came to a halt when hundreds of drivers walked off the job. Similar protests were staged on Wednesday in the towns of Pangkalankerinci, Tualang and Perawang. Thursday's strike began at about 9 a.m., leaving many commuters stranded on the side of roads and at bus terminals.

The drivers marched to the Pekanbaru municipal office and demanded that public transportation fares be raised to keep up with the higher fuel prices. "It is only two days since fuel prices were raised and we are already finding it hard to make money. Our income has dropped significantly," striking driver Antoni, 33, told The Jakarta Post.

In Kupang, East Nusa Tenggara, dozens of students and youths blocked off the road in front of Widia Mandiri Catholic University on Jl. Urip Sumoharjo, setting fire to tires. Police officers cordoned off the protest site and directed traffic away from the area. The protesters demanded the government cancel the fuel price increase and control the prices of foodstuffs.

Meanwhile, gas stations in Jambi city have been short of gasoline since Tuesday. These shortages are being blamed on retailers who bought and stockpiled fuel before prices were increased. "The government should take firm action and control gasoline prices so customers will not be harmed," said Syamsul while filling up his car at a gas station.

 Environment

Most lakes' ecosystems under threat: Minister

Jakarta Post - March 9, 2005

Medan -- Severe chemical pollution threatens most lakes in the country and has the potential to create further environmental disasters, a state minister says.

Citing an example, State Minister for the Environment Rachmat Witoelar said that the Jempang, Semayang and Melintang lakes in East Kalimantan province, home to the rare Mahakam pesut -- a highly endangered freshwater dolphin species -- required urgent attention if there was to be any chance of saving them.

He said that a similar problem had occurred in Lake Toba, North Sumatra, where the carp population continued to drop following the deaths of fish weighing thousands of tons due to koi herpes.

"Most of the lakes in Indonesia have been polluted by various chemicals originating from pulp, oil and fertilizer plants. The impact on the environment has been huge," said Rachmat on the sidelines of a national seminar held at the HKBP Nomensen University, Medan, on coping with the fish kills in Lake Toba.

Indonesia, he said, had a total of about 500 large and small lakes -- both natural and artificial. Among the lakes, Toba was the biggest in the country, covering some 110,260 hectares, while the deepest lake was Matano, with a depth of 600 meters. He told reporters after the seminar that his office had drawn up a blacklist of 43 companies across the country, nine of them state-owned, that were responsible for polluting lakes.

"I have reprimanded them, and if in six months time the situation hasn't improved, we'll revoke their Environmental Impact Assessment Permits," he said.

In relation to the problems being experienced at Lake Toba, the minister said there was a need for proper management to ensure that the lake's ecosystem was capable of functioning as a life support system, guarantee the preservation of its various biological components and sustain the benefits produced by the lake.

Rahmat stressed that action was urgently needed bearing in mind that greater attention was being paid to lakes as evidenced by the setting up of World Lake Vision, which was launched by the International Lake Environment Committee (ILEC) at the third World Water Forum in Kyoto, Japan, in mid March, 2003.

International commitments on the preservation of lake ecosystems had been adopted by virtue of the World Summit on Sustainable Development Plan of Implementation, the Biodiversity Convention and the Ramsar Convention.

"To give effect to all these (commitments), the environment ministry is preparing an Indonesian Lake Vision concept which will serve as a guide for officials in attempting to achieve sustainable lake management in Indonesia," he said.

23 hectares of swamp disappear

Jakarta Post - March 7, 2005

Palembang -- Over 23 hectares of wetland in Palembang have been illegally reclaimed, the head of Palembang's public works office, Kira Tarigan, said on Friday. The wetland areas had been drained without permits, and many were being used for building purposes.

"We'll keep monitoring the situation," Tarigan said. "For those who have not bothered to get reclamation permits, we will refuse to issue them with building permits." The reclamation work was in contravention of local regulation No. 13/2002, and violators faced fines of up to Rp 5 million (US$550) and/or six months in jail.

Investments of mass destruction

Asia Times - March 5, 2005

Jim Lobe, Washington -- Two major environmental groups are charging that BlueLinx, the largest US building-products distributor, is knowingly importing legally disputed, undocumented timber out of Indonesia's endangered rainforests.

Greenpeace and Rainforest Action Network (RAN) said they had examined records of the US Customs and Border Protection, an agency of the Department of Homeland Security, that proved that BlueLinx is flooding the US market with artificially cheap luaan plywood after buying and shipping it from eight Indonesian mills.

Several other US companies, including Centex Corp, International Paper, and Lanoga Corp, have been observing a voluntary ban on buying Indonesian wood products, and the environmental two groups are demanding that BlueLinx do the same.

The companies that own the mills all have well-documented histories with Indonesia's Department of Forestry of trafficking in illegal timber, according to RAN and Greenpeace, which also stressed that Indonesia suffers the world's worst deforestation rate, estimated at more than 2.8 million hectares a year, an area roughly equivalent to Switzerland.

"Indonesia suffers from widespread illegal logging," said Allan Thornton, president of the Environmental Investigation Agency (EIA), which released its own investigation of the smuggling of valuable merbau logs from Indonesia's Papua province to Chinese timber processors late last month.

"Throughout the country, plundering profit-seekers destroy forests, breed corruption and disrupt local communities," he said. "This devastation is being driven by unchecked demand for cheap tropical timber in the United States, China, and other consuming countries."

In its report, "The Last Frontier", the EIA charged that some 300,000 cubic meters of logs are being shipped out of one of the last remaining intact tropical forests in the Asian-Pacific region each month to feed demand for hardwood flooring and garden furniture in China, one of the world's fastest-growing economies.

"The Last Frontier" is a reference to the fact that most hardwood forests in East Kalmintan province and Sumatra island have been logged out over the last decade as the rate of deforestation has accelerated. Papua, Indonesia's poorest province, which also is troubled by a stubborn, low-level secessionist movement, is the last region where tropical hardwoods remain relatively plentiful.

EIA and its Indonesian partner organization, Telepak, found that local communities where the merbau is harvested receive only about US$10 for each cubic meter of merbau felled on their land, while the same logs are sold for as much as $270 per cubic meter once they reach China, where they are milled.

"Papua has become the main illegal logging hotspot in Indonesia," said Telepak's M Yayat Afianto. "The communities of Papua are paid a pittance for trees taken from their land, while timber dealers in Jakarta, Singapore and Hong Kong are banking huge profits."

According to the Department of Homeland Security's records, BlueLinx shipped more than 2,000 tonnes of plywood from the luaan tree between early May and the end of August last year. Greenpeace and RAN said BlueLinx officials admitted to the imports and insisted they would not stop buying or importing the wood.

The groups also noted that JPMorgan Chase Bank, whose backing for logging enterprises in tropical forests has long been a target of a RAN corporate campaign to persuade banks to fund only sustainable forestry projects, was leading a $165 million loan syndication for BlueLinx.

BlueLinx recently offered $120 million in common stock due to "a substantial amount of debt", according to filings to the Securities and Exchange Commission from last September.

"JPMorgan Chase has built its financial empire by making investments of mass destruction like BlueLinx," said Ilyse Hogue, who heads RAN's Global Finance Campaign.

"Illegal logging in Indonesia is both an environmental and humanitarian crisis. It is morally reprehensible that America's second-largest bank is connected with corrupt timber cartels that are directly responsible for the wholesale destruction of one of the most fragile and endangered forest ecosystems on Earth."

Indonesian officials, who say they lack the resources to stop illegal logging operations, particularly those that are protected by powerful, corrupt officials and the armed forces, argue that importing nations must do more to crack down on the trade.

"Expecting or asking one country to combat illegal logging while at the same time receiving or importing illegal logs does not support efforts to combat these forest crimes," Malam Sambat Kaban, Indonesia's forestry minister, said in a speech in January. "Allowing or importing illegal timber will only encourage illegal logging in the timber-producing country."

Most experts say that as much as 70% of Indonesia's wood supply derives from illegal logging, while the American Forest & Paper Association reported in 2004 that about 55% of plywood exports from Indonesia are illegal.

"Buyers and consumers must recognize and assume responsibility for how their actions contribute to this illegal logging crisis in Indonesia," said Lisa Curran, director of the Tropical Resources Institute at the Yale School of Forestry.

"We must lead by example, by implementing independently verified chain-of-custody programs that document the sources of wood products and materials. Consumers have a right to stump-to-store tracking of wood products to be sure they are purchasing products that were not acquired illegally from protected areas and national parks."

Norway, Finland and the European Union have all signed agreements with Indonesia not to import products made from illegal timber. The United States, however, currently has no laws on the books banning the import of illegally cut timber.

(Inter Press Service)

Aceh rebuilding 'may endanger forests'

Jakarta Post - March 3, 2005

Hera Diani, Jakarta -- In a rush to rebuild tsunami-devastated Aceh, there are fears that the reconstruction work may endanger the resources of first-growth forests in the province and other areas in the country due to the massive need for timber.

Observations conducted by non-governmental organization (NGO), Greenomics, in several regencies in Aceh showed that there was no proof that the timber being used in rebuilding Aceh was legal.

Greenomics executive director Elfian Effendi said that the proof of this statement was to be seen in how neighboring Riau had been one of the main suppliers of timber for reconstruction projects in the province, including those funded by the government and international organizations.

"Whereas in reality Riau's forests are threatened. The province has a quota of only around 220,000 cubic meters of timber from the forests and is barely capable of meeting the demand from local industry. How could it be supplying timber to other provinces?" Elfian told a media conference on Wednesday.

As for Aceh, the forests were left largely untouched by the December 26 disaster. But there was a moratorium on logging across the province, which was declared in 2001 to protect its tropical forests. The moratorium, however, had not completely stopped illegal logging, sometimes with the backing of the military.

The Greenomics survey showed that the earlier belief that people would simply cut down nearby trees to rebuild their homes rather than buy legally-sourced timber from elsewhere had turned out to be untrue.

"Only some five percent said they had considered obtaining the timber from nearby forests. Which means that the threat to the forests is not from the local people but from the suppliers, contractors and others involved in reconstruction projects," Elfian said.

According to Elfian, the government and other organizations appeared oblivious as to where the timber for the reconstruction of Aceh was sourced from, and were unable to give any details in this regard.

The master plan drawn up by the National Development Planning Agency (Bappenas) and the Ministry of Forestry, he added, also lacked clear pointers as regards logging and timber sources.

With the total amount of timber needed to rebuild Aceh estimated at between four and eight million cubic meters, Greenomics projected that in the coming year some 95 percent of the timber supply would probably turn out to be illegal.

"The logging could have a ripple effect... It could eliminate vital water catchment areas, raising the risk of flooding. In the past two years, floods have inundated Aceh and other provinces in Sumatra," Elfian said.

Greenomics urged the government to draw up concrete plans, including mapping forests all over the country, so as to determine how timber could be supplied to Aceh in a legal and environmentally feasible manner.

"If there is not enough timber in the country, then the government must import it. Illegal logging and lifting the moratorium are not the answer," said Elfian.

The international organizations working in Aceh, he added, should not just delegate the responsibility of supplying timber to contractors.

"These organizations must oversee where the timber comes from. Otherwise, they can be considered as the buyers or users of illegal timber, and as such need to be prosecuted," Elfian stressed.

 Islam/religion

Revival of draft Islamic code sought

Jakarta Post - March 8, 2005

Hera Diani, Jakarta -- Women activists are seeking to revive an alternative draft for an Islamic code of law (KHI), which they say would help reduce domestic violence cases.

They urged the government on Monday to revoke its decision to annul the controversial draft issued by the Ministry of Religious Affairs in October last year.

The National Commission on Violence Against Women (Komnas Perempuan) argued that the alternative draft embraces progressive thought in Islam as it puts women in a more powerful position in marriage.

Designed by a team led by gender expert and Islamic jurisprudence scholar Siti Musdah Mulia from the religious affairs ministry, the draft was aimed at accommodating contemporary issues and women's needs, instead of heavily weighing on male interpretations.

Several articles of the draft include banning polygamy, allowing interfaith marriages and giving women equal divorce rights, as extended to men, as well as the right to marry without the permission of a guardian.

The draft had, however, angered many Muslim clerics, with some calling it satanic and others, comical. The Indonesian Ulema Council (MUI) also opposed the draft.

Minister of Religious Affairs M. Maftuh Basyuni announced on February 14 that the controversial draft had been shelved due to unrest among Muslims in the country.

Komnas Perempuan chairwoman Kamala Chandrakirana said the government's revocation of the draft violated the peoples' right to express their opinion and to explore or discuss new ideas.

"Pros and cons are part of democracy and human rights. Besides, the draft was part of the government's gender mainstreaming program, to open public discussions about gender equity. Why should it be stopped?" she told a discussion on Monday.

Kamala said the government had no reason whatsoever to halt public discourse about the alternative draft, since it was part of upholding human rights. She revealed her commission's latest report showing that violence against women had increased nearly 100 percent in the past year, from 7,787 cases in 2003 to 14,020 cases in 2004.

Contributing factors, Kamala said, included "politicizing religious identities", in which religious instructions were interpreted in a black-and-white manner.

Moreover, a study by a Muslim-based women's organization, the commission reported, showed several government policies had been enacted to curtail women's rights.

A few examples included a bylaw enacted by the Tasikmalaya regental administration in West Java, which obliges female civil servants to wear jilbab (head scarves) in their offices, and forbids women and men swimming together.

Similarly, a bylaw enacted by the West Sumatra administration imposes a curfew for women that prohibits them from going out between 10 p.m. and 5 a.m.

The report also disclosed how hard-line groups often launched violent campaigns against "immoral" women, with most victims being commercial sex workers.

Local government policies restricting women's rights were also found to be widespread in several regions that have pushed for the enforcement of sharia (Islamic law), such as Garut and Cianjur regencies -- both in West Java; Banten, Riau and South Sulawesi.

Gender equality demand wins support

Jakarta Post - March 9, 2005

Hera Diani, Jakarta -- Prominent Muslim scholars threw their weight behind a demand for the revival of the alternative draft Islamic law code, which they say will encourage gender equality in the country.

Syafiq Hasyim of the International Center for Islam and Pluralism (ICIP) said he believed that the alternative draft would not cause disquiet among Muslims as some influential Muslim institutions had predicted.

"I'm pretty sure Muslims here won't have a problem with the draft because they need it. There are many examples of interfaith couples, for instance, who want to get married but cannot because the state forbids it," Syafiq, who was also involved in the finalizing of the draft, said on Tuesday.

As for polygamy, he said that Indonesia should take Tunisia as an example. The African country applies sharia but banned polygamy in 1959.

Syafiq urged a new discourse in order to find some compromise. "We believe that we can overcome the arguments of those who oppose the draft. Everything we have done was based on Islamic teachings. Maybe it's our own interpretation, but don't be judgmental because we have applied the legal rules contained in Islamic jurisprudence," he said.

Women activists on Monday urged the revival of the draft, saying it would strengthen the position of women in marriage. They also regretted the government's decision to ditch it without a public discourse.

Drafted by a team led by gender expert and Islamic law scholar Siti Musdah Mulia from the Ministry of Religious Affairs, the draft was aimed at accommodating contemporary issues and women's needs, instead of veering heavily into chauvinistic interpretations.

Among the proposed articles that sparked anger among Muslim clerics were those that banned polygamy, allowed interfaith marriage and gave women equal divorce rights, as extended to men, as well as the right to marry without the permission of a guardian.

Minister of Religious Affairs M. Maftuh Basyuni announced on February 14 that the controversial draft had been shelved for fear of it's causing social disorder among Muslims.

Scholar Lily Zakiah Munir said on Tuesday that the right of interpretation was not vested in one interest group only.

"There should be a process of public discourse instead of simple abandonment. The draft is important in treating women as its targets," she said.

Meanwhile, scholar and women's activist Maria Ulfah Anshor, while agreeing with the revival of the draft and a public discourse, thought the team had not come up with the right strategy for launching the draft.

"It was launched too hastily. They should have disseminating the draft to the public first before announcing it. People got the wrong impression.

"People in this country tend to comment before they know the issues they are commenting on. I know a cleric from the Indonesian Ulema Council (MUI) who said he had not even read it but commented on it anyway," Maria said.

Syafiq said that whatever strategy was adopted, it would still not work as the content of the draft was far too progressive and controversial for Indonesia.

"But we will keep on going, discussing and campaigning for it everywhere, especially among non-governmental organizations," he said.

In line with the efforts of liberal Muslims and women's activists to shed patriarchal interpretations of Muslim religious teachings, a woman imam will lead Friday prayers at the Sundaram Tagore Gallery, New York, on March 18.

Dr. Amina Wadud, professor of Islamic studies at Virginia Commonwealth University, will be the first woman to lead public, mixed-gender prayers.

Maria welcomed the news, saying the move would serve as a reference for feminists here in their fight for gender equity.

"There is a text saying there was a woman imam once in the period of the Prophet Muhammad named Ummu Waraqah. Unfortunately, the text has never been used. Instead, people refer to another text saying that an imam must be a man," Maria said.

 Armed forces/defense

Sulawesi Sea row dredges up defenses

Asia Times - March 9, 2005

Bill Guerin, Jakarta -- Demonstrators held a noisy protest outside the Malaysian Embassy in Jakarta on Monday, chanting slogans and asserting Indonesia's claim to a disputed area off the coast of Malaysia's Sabah state and Indonesia's East Kalimantan province in the first territorial dispute since Indonesian President Susilo Bambang Yudhoyono took office last October.

Indonesia has sent four F-16 fighter planes and three more warships to join the four already stationed in the oil-rich waters off Borneo Island. The Royal Malaysian Navy has also deployed two warships to the area, further adding to the tensions. Though both governments continue to insist that the dispute over conflicting claims as to who controls the resource- rich offshore area will be resolved diplomatically, the buildup of military forces in the waters continues to be a cause for concern.

After a cabinet meeting chaired by Yudhoyono on Sunday, Indonesian air force chief of staff Rear Marshal Djoko Suyanto said the additional military strength "isn't aimed at provocation", but that the fighters were sent to strengthen patrols maintaining sovereignty over Indonesia's territorial waters.

This latest military buildup came after a report last Thursday that a Malaysian navy Beechcraft had apparently breached Indonesian airspace over the Sulawesi Sea in the fifth such incident in less than two weeks. According to Colonel Marsetio, commander of the Indonesian navy's Eastern Fleet Command's Combat Task Force, "The aircraft was flying close to our warships near the Ambalat Island, and was three miles into our territory according to map and visual observation."

In a telephone conversation on Monday morning between Malaysian Premier Abdullah Badawi and Yudhoyono, who was about to leave Jakarta's Halim Perdanakusumah military airfield to visit Sebatik Island, just west of Ambalat, where the disputed area lies, the two leaders agreed that both their foreign ministers would meet in Jakarta on Wednesday to try to defuse the long-running maritime row.

Sebatik is just off the land border between East Kalimantan and Sabah and is split between both countries. To the east lie the Sipadan and Ligitan Islands, which were disputed for years before Malaysia was given sovereignty over them by the International Court of Justice in 2002.

The visit to Sebatik by the president, who was accompanied by Indonesia's former military commander in chief and current coordinating minister for political, legal and security affairs, Widodo A S; Minister of Energy and Natural Resources Purnomo Yusgiantoro; Minister of Manpower and Transmigration Fahmi Idris; Cabinet Secretary Sudi Silalahi; and current military chief General Endriartono Sutarto, was aimed at seeking direct reports on the situation in the border areas, presidential spokesman Andi Mallarangeng said.

Yudhoyono told a local radio station during his visit that he had agreed with Prime Minister Badawi to reduce tensions. "Our hope is that this problem can be solved through diplomatic channels with a fair solution in respect to Indonesia's sovereign and territorial rights," the president said.

Oil concessions add fuel to the fire

On February 16 Malaysia's state oil firm Petronas awarded oil- exploration rights in two exploration blocks in the disputed Ambalat area to its own exploration arm along with Anglo-Dutch giant Royal Dutch/Shell. However, Indonesia already had granted a concession to US-based oil giant Unocal Corp in November to pump liquefied natural gas (LNG) from deepwater blocks in that area.

Jakarta has warned Royal Dutch/Shell not to meddle in the offshore oil concessions. Arif Havas Oegroseno, director for political, security and territorial agreements with the Indonesian Ministry of Foreign Affairs, told local media that a letter had been sent to Shell Malaysia and Shell in the Netherlands warning that "the waters around the Sipadan and Ligitan Islands are our territory, and we regard giving this award as violating our sovereignty".

"We have warned Shell, do not enter our waters," he said. When asked about the International Court of Justice's decision to award sovereignty over the Sipadan and Ligitan Islands to Malaysia, Oegroseno said the judges had stated that the interests of mapping Malaysian sovereignty over the two islands did not have a direct influence on the delineation of the continental shelf. "In other words, the maritime region still belonged to Indonesia," he said.

Malaysia claims that the waters around the islands are part of its territory, though Indonesia says Malaysian waters extend only 19 kilometers from Sipadan and Ligitan. The Malaysian claim is erroneous, according to Jakarta, as it is based on a self-made and outdated 1979 map of the area that is not recognized by the Indonesian government or most other Southeast Asian countries.

Badawi calls for diplomacy

After his call to Yudhoyono, Badawi said he hoped the dispute could be managed in a "cordial manner". He added that, "to prevent any undesirable incidents which may create tension in the relationship between Indonesia and Malaysia, both of us agreed for the matter to be discussed at the diplomatic level". But back in Jakarta, leading legislators were beginning to push for a hardline stance, with Speaker of the House of Representatives (DPR) Agung Laksono urging stern action, including the use of military force if necessary, to "solve" the dispute.

"We will support such moves as we believe the people will also support such a move," Laksono said. The Ambalat block is well inside Indonesian territory and undeniably part of Indonesia, he added.

Separately Theo Sambuaga, chairman of Indonesia's powerful Commission I on Political and Security Affairs, urged the government to recall its ambassador to Kuala Lumpur, and demonstrators protested outside the Malaysian Embassy in Jakarta.

Ties between the two predominantly Muslim nations already are being severely tested by a Malaysian crackdown on an estimated 1 million illegal immigrants, some 400,000 of whom come from Indonesia. Malaysia's controversial operation to round up, whip and even deport the illegal workers has attracted widespread condemnation by rights groups and the governments of affected Asian countries.

Though Malaysia needs the Indonesian workers to support vital industries such as construction, it wants their stay legalized, as does Jakarta. Many Indonesians who fled Malaysia last week after an amnesty for illegal workers expired have sought shelter on Sebatik Island, where both countries have military garrisons.

Indonesia flexes its muscle

On the territorial dispute, Abdul Razak Baginda, a Malaysian analyst from the Malaysian Strategic Research Center, told Reuters, "Indonesia was once the Big Brother in the region but has never been the same since the fall of Suharto. This [dispute] is the first time it is getting a chance to assert itself."

Meanwhile, Deputy Prime Minister Najib Abdul Razak expressed his own view: "I think the new president is flexing his muscle." This suggestion, however, may be somewhat at odds with Indonesia's readiness to attempt to resolve the spat diplomatically.

On Friday, Marty Natalegawa, the main spokesman for the Ministry of Foreign Affairs, said the government will "utilize all options to convey our position on Ambalat", but would not bring the dispute to The Hague. "It is not on our agenda," said the spokesman, who explained that the government would try to settle the dispute through diplomatic channels.

Even Yudhoyono himself has said, "We want to settle this in a good manner... It should be settled well without falling into the trap of confrontation, especially armed confrontation."

Nonetheless, Jakarta is unlikely to be the first to back down. If the undoubted goodwill between both leaders and the ongoing high-level talks fail to produce a compromise, the only other option may be to return to the International Court of Justice, particularly given the strong national sentiment in Indonesia's fractured parliament and the fact that anti-Malaysia sentiment has already surfaced on the streets in Jakarta.

Former People's Consultative Assembly Speaker Amien Rais has urged the government to make all efforts to continue the fight for Ambalat. "If the government is softhearted and weak, they [Malaysia] will really put pressure on us. So the ball is really in the government's court," Rais said in Makassar, South Sulawesi, where a small "Front for Crushing Malaysia" center has been set up to defend the country should tensions continue.

The Indonesian military is clearly ready to assume battle positions in the unlikely event that this recent bout of gunboat diplomacy leads to shots being fired in anger. On Monday the navy's main spokesman, First Admiral Abdul Malik Yusuf, was quoted as saying: "We will not let an inch of our land or a drop of our ocean fall into the hands of foreigners."

[Bill Guerin, a Jakarta correspondent for Asia Times Online since 2000, has worked in Indonesia for 19 years in journalism and editorial positions. He has been published by the BBC on East Timor and specializes in business/economic and political analysis in Indonesia.]

 International relations

Indonesia urges Malaysia to back down

Agence France Presse - March 9, 2005

Indonesia urged Malaysia to cease "aggressive" claims and negotiate a territory dispute that has seen warships and fighter jets deployed to oil-rich waters off the coast of Borneo.

Foreign Minister Hassan Wirayuda, speaking ahead of talks with his Malaysian counterpart Syed Hamid Albar, said a diplomatic solution was needed in the row, but he stressed that no concessions would be made in Wednesday's meeting.

"International law requires a border dispute to be solved through negotiations and not by unilateral, aggressive claims," Wirayuda said. "We are not offering anything to Malaysia because we are convinced that our claims to the land, sea, continental shelves and exclusive economic zones have a strong basis," he said.

Wirayuda's remarks came one day after Syed Hamid said his country would not compromise on its territorial sovereignty even as it sought to avoid a confrontation and damage to friendly ties.

Tensions appeared to be easing in the disputed area Wednesday with Indonesia pulling out five of seven warships, despite continuing anti-Malaysian protests.

Claims by both countries to an area of the Sulawesi sea, near the land border between Indonesia's East Kalimantan province and Malaysia's Sabah state were recently unbalanced by Kuala Lumpur's granting of oil exploration rights.

Warships from both countries have come into close contact in the area several times since February 16 when energy giant Shell was given a concession in the area by Malaysia's state oil company Petronas.

Jakarta says Kuala Lumpur's sovereignty in the area extends only about 19 kilometers from Malaysia's Sipadan and Ligitan islands and the blocks awarded by Petronas are outside this zone.

Protestors, already riled by Malaysia's expulsion of Indonesian migrant workers, have gathered in major cities, volunteering to fight and demanding that the country mobilises to "crush Malaysia".

Malaysia has accused the Indonesian media of trying to blow the issue out of proportion, while observers say Jakarta is using the issue to detract from problems at home, including an unpopular fuel price hike.

Indonesian President Susilo Bambang Yudhoyono, who toured islands near the disputed area on Tuesday, has played down the incident, saying it would not affect cordial ties with Kuala Lumpur.

The two countries have locked horns over the territory before. A dispute over the ownership of Sipadan and Ligitan island ended in December 2002 with an International Court of Justice ruling that the islands belong to Malaysia.

Indonesia declared war against Malaysia following sporadic tensions over the future of Borneo island in 1963 after the British relinquished control. The conflict ended three years later as Jakarta focused on internal problems.

Indonesian navy spokesman Rear Admiral Malik Yusuf said Wednesday that five of its vessels had pulled out of the disputed region but could be redeployed again if necessary.

"We have withdrawn five ships. But they can be dispatched again in the area when the situation requires," Yusuf told told AFP, adding that Malaysia too had two warships in the area.

Show of strength not meant to worry Malaysia

Radio Australia - March 7, 2005

Indonesia says its deployment of fighter jets and warships to an area of ocean close to Malaysia is not meant to worry its neighbour. The action preceded a visit by President Susilo Bambang Yudhoyono to the joint border area of eastern Borneo. The oil rich ocean nearby is the site of a long running territorial dispute which has escalated with Malaysia's move to award oil exploration rights to the Shell company. And it comes as relations between the two countries are strained because of Malaysia's expulsion of thousands of illegal Indonesian workers.

Presenter/Interviewer: Finance Correspondent Karon Snowdon.

Speakers: Politics Professor P. Ramasamy from the National University of Malaysia; Indonesian Presidential Spokesman, Andi Mallerangeng.

Indonesia says the surrounding ocean just off the east coast of Borneo in the Sulawesi Sea and the potentially lucrative oil reserves contained there belong to it.

Jakarta has protested that Malaysia's February decision to grant a concession in the area to energy giant Shell has encroached into Indonesian maritime territory.

Indonesia sent navy ships, Malaysia has protested, but four more are reportedly on their way to the area where they could come in close contact with Malaysia's navy. Four F-16 fighter jets were also sent ahead of President Susilo's visit Monday.

Spokesman Andi Mallerangeng who is travelling with the President says he is inspecting oil and gas projects as well as the readiness of the Indonesian armed forces in the area.

Mallerangeng: Well it is the duty of our military forces to make sure our sovereignty of all our borders is intact. And now the President is in the area and the President wants to see the readiness of our military forces. The President and our military forces are responsible for safeguarding our borders.

Snowdon: Andi Mallerangeng says President Yudhoyono spoke with Malaysia's Prime Minster Badawi before he started his visit and their Foreign Ministers are to meet later this week to find a solution.

Politics Professor P. Ramasamy from the National University of Malaysia says the nationalists in the Indonesian government won't let the issue be easily swept under the dilpomatic carpet.

Ramasamy: As long as they are just empty islands and there are no resources its fine, Indonesia could accept the World Court's decision but now I think things are much more complicated.

Snowdon: And do you think its also complicated by there being a new President in the Blue House and perhaps wanting to assert himself a little bit in this or not?

Ramasamy: If you understand Indonesia it gave up East Timor some years back and it is also having problems with Aceh and people in Irian Jaya and Sulawesi, they are what I call nationalist movements. Maybe there are feelings within the ruling circle Indonesia has to make it known that its territorial integrity cannot be compromised and I think there is perhaps a link to Malaysia's attempts to get rid of illegal immigrants, many of whom are Indonesian. I don't know maybe there is a connection.

Snowdon: Further complicating matters and perhaps at the risk of being caught in the middle are the hundreds of thousands of illegal Indonesian migrant workers who have been forced across the border by a crackdown in Malaysia.

President Yudhoyono is visiting some temporary holding centres as part of his trip.

Kualar Lumpur actually wants them back as the economy depends on their cheap labour but it wants Jakarta to issue the relevant documents so they can return legally.

Malaysia is losing patience at what it says are delays in processing them and given Indonesia one month before it looks for workers from other countries.

Professor Ramasamy says while tensions are high talking is the only solution.

Ramasamy: Malaysia might have just won a moral victory some years back over these islands but the point is I don't think the World Court is going to enforce it, I mean there is no enforcement mechanism so far as international law is concerned. The point is the only way you resolve it is through bilateral relationships and I think Malaysia and Indonesia are not really traditional enemies to speak of. That is what the Malaysian deputy minister said " look here we can talk about it", so there's no necessity to sort of be aggressive. These things are there but hopefully this will be resolved in an amicable manner.

 Business & investment

Indonesian manufactures lagging behind neighbors

Jakarta Post - March 9, 2005

Zakki P. Hakim, Jakarta -- Lack of investment in manpower skills, infrastructure and research and development in Indonesia's manufacturing industry over the past three decades have slowed down the country's industrialization process compared to its neighbors.

"Indonesia needs to address those issues better to have an improved performance," the United Nations Industrial Development Organization (UNIDO) director general Carlos Magarinos explained after a meeting on Tuesday with Minister of Industry Andung A. Nitimihardja. A UNIDO chart showed that Indonesia's industrial performance was ranked 38th in 2000, up from 54th in 1990 and 75th in 1980. But the figure was lower than Malaysia's, ranked 15th in 2000, up from 40th in 1990; the Philippines, was 25th in 2000 and 42 1990; and Thailand, was 23rd in 2000 from 47 in 1990.

"The figures show that Indonesia is making some progress although at a much slower pace than its neighboring countries," Magarinos said.

UNIDO -- a UN agency with a purpose to boost the industrialization process in developing countries -- talked to the minister as part of efforts to speed up the reconstruction of tsunami-stricken Aceh and North Sumatra.

"We will be involved with the government on its priorities in reconstructing Aceh, particularly in reviving small and medium enterprises and the fisheries sector in the province," Magarinos said.

His visit was also aimed at developing business partnerships and the transfer of technology to the eastern parts of Indonesia and developing the private sector in post-conflict Maluku.

Magarinos said UNIDO supported the government's move to form clusters of priority industries, which include textile, food, palm oil, wood products, rubber and petrochemicals.

However, he said, UNIDO did not promote old-fashioned industrial policies where subsidies were given to encourage the growth of different sectors.

"On the contrary, we will promote modern industrial policy that is based on the mobilization of information, skills, knowledge and technology. That is the source of growth and capital accumulation," he said.

Andung said the government would adopt the new industrial policy but might still maintain subsidies for certain sectors in the form of tax incentives, particularly to encourage the private sector to invest more in research and development.

"We realize that the industrialization process needs to have several drivers of stronger human resources and research and development. We are starting to build industrial competitiveness through research and development," he said.

The government expects the manufacturing sector to grow by an average of 8.56 percent over the next five years, in order to allow the economy to expand by around 6.6 percent annually until 2010.

However, some commentators said that it was pointless to have such high growth if the local manufacturing sector continued producing the same goods in the next decade.

They claim that the country's manufacturing sector is stagnant because the same basic products have been made in the past 30 years, while neighboring countries have shifted to produce more sophisticated goods using higher technology.

It is now or never for electronics industry

Jakarta Post - March 4, 2005

Zakki P. Hakim, Jakarta -- Over the last three decades, major Asian countries have managed to improve exports from basic manufacturing products to more sophisticated goods, with one major exception -- Indonesia.

Aside from natural resource-based products, Indonesia's top manufacturing exports still revolve around textiles, clothing and footwear.

While China, South Korea, Malaysia, Thailand and the Philippines have been shifting their exports to high-technology products, this country has fallen by the wayside in the global supply chain with respect to high-technology electronics parts and components.

However, the production of electronic goods has been on the increase and they were Indonesia's second-largest non-oil and gas export last year, bringing in around US$7.6 billion to the country. But the figure is still a mere 3 percent compared to the estimated combined ASEAN total of $225 billion for the period.

Facing such a lucrative global electronics market -- with current annual growth reaching 20 percent -- consumer electronics manufacturers in the country have set a target to double their exports to $15 billion during the next five years.

"Even if we managed to double the exports, the figure will still be less than 10 percent of the current total regional exports," said Rachmat Gobel, Indonesian Chamber of Commerce and Industry (Kadin) vice chairman for industry, technology and trade. "But we have to start now. Otherwise, neighboring countries like Thailand and even Vietnam are more than ready to take over investment opportunities," said Rachmat, who is also chairman of the Electronics Association (Gabel).

Speaking to The Jakarta Post, he said Indonesia as the fourth- most populous country in the world had always been attractive to investors and much of its current annual growth of 4 percent to 5 percent was due to domestic consumption.

Indonesians purchasing power per capita had also improved to slightly over $1,000 last year from an average of $600 during late-1990s economic crisis, he said.

While Indonesians remain poor compared to people in developed countries, 33 million low-income families managed to annually buy 1.4 million simple radio cassette players, 4.5 million 14-inch and 21-inch televisions, 3.7 million irons, 3.3 million fans and 1.9 million water pumps.

Some 23 million families from the middle to upper income bracket have annually bought two million single-door refrigerators and 1.7 million washing machines and air conditioners.

The stronger consumer demand expected to accompany the increased purchasing power, Rachmat said, would be more than enough to support the development of a domestic electronics industry and increase sales of locally produced goods in the domestic market from Rp 9 trillion (US$971.4 million) to Rp 37 trillion during the next five years.

The numbers coincide with the expansion of locally produced electronics from 54 percent of the domestic market share to 75 percent, according a document obtained by the Post -- Gabel's Vision 2010 Electronics Industry Development Strategy in Indonesia.

Rachmat said the industry needed fresh investment of up to $1.48 billion to double exports and $596.16 million to multiply production for the local market.

The investment, he said, should be prioritized for the development of high technology and digital electronic products such as automatic washing machines, bigger refrigerators and 29 inch televisions.

"By 2010, we have to have cell phones, digicam and flat screen televisions including plasma and liquid crystal models, being produced here," he said.

Major pre-conditions of attracting investment were to have a strong support industry for the electronics sector, harmonized industrial and product standards and competent human resources, he said.

Minister of Trade Mari E. Pangestu has stressed that her government wanted the country's electronics sector to grow in line with the rest of East Asia.

However, the government did not include the sector in its top-10 priority industries in recent planning. Mari told the Post that the government would adjust the plan by having a trade, investment and industrial strategy.

Rachmat said such a strategy was needed soon or the country would "end up producing low-tech electronic goods forever." He said that over centuries the world's industrial center had moved from region to region, and today it was in East Asia with China at its center.

"Opportunities like this do not even come twice in every 30 years. It is now or never," he said.

 Opinion & analysis

Accountability in Aceh

Jakarta Post Editorial - March 9, 2005

There is a common joke among government officials that attempts to explain the supposedly assertive nature of the Acehnese people: "When 10 Acehnese gather to work out a consensus, they will come up with at least 11 different opinions." That yarn reflects the impatience, and sometimes the frustration, that central government officials and other outsiders often endure when trying to understand and accommodate the aspirations of the Acehnese.

On the other hand, however, as history has proved, such impatience has often become a major source of discontent among the Acehnese concerning the central government's attitude: In many cases, if not most, the central government prefers to take a top-down approach in its various development programs -- ignoring local demands. And in truth, the rebellious province is not alone. Many other provinces and regions have similar complaints.

Now, after more than two months of relief operations to help the Dec. 26 tsunami victims, the war-torn province is entering a new stage of development -- the long-term reconstruction of Aceh. The government has finished drafting a blueprint for the reconstruction of the province, and has started to invite some local people to present their input for the plan.

President Susilo Bambang Yudhoyono has decided to establish a special agency to handle the reconstruction efforts and it is quite natural that people in the province want their own men or women to lead it.

The government has received many complaints from the local people who feel that they have been left out of the decision-making process and that therefore the blueprint may not fit their expectations. The government's patience and wisdom will be tested once again and certainly no one hopes that the current administration will repeat the previous government's blunders in responding to those demands.

But it is a huge job that will need massive funding. Thanks to the strong support of the international community, the government has received large amounts of aid money to finance the planned projects. This means that the government must be fully accountable for how the budget is spent, and fully mindful that the money comes from those countries' taxpayers.

There have been reports about many non-Acehnese, who are currently busy lobbying government officials to win lucrative projects. The local people of Aceh, on the other hand, think they have the right to carry out the job, because it concerns the reconstruction of their territory. Moreover, although the projects may be very profitable for contractors, the reconstruction efforts also hold a strong social and humanitarian component.

Since most of the money comes from donations, it would be disgraceful if the social factor is put on the back burner, behind commercial considerations. The Acehnese must be treated as subjects, and not merely objects of the reconstruction efforts. For decades, the people of Aceh have suffered as Jakarta used violence and military methods to silence the outspoken Acehnese.

This is the right time to correct those past mistakes and show the people that, this time, they will be the real subjects of the development efforts. Again and again we need to remind ourselves that Indonesia has earned its international reputation as a notoriously corrupt country. With huge amounts of money now available for the province, it is very natural that those who have donated the funds worry about how their money is spent.

A senior government official who is intensively involved in the relief operations recently disclosed the government's plan to include foreign donors in a supervisory body, which will be established soon to monitor, from the earliest stage, the implementation of the reconstruction work. It seems indeed a good choice to involve the foreign donors in the job, to ensure accountability, even though many chauvinists may regard that an interference in Indonesia's domestic affairs.

However, when Indonesians do not even believe that the projects will be free from corruption, is it not much better to invite the donors to participate in the reconstruction work from the very beginning? However, the preparations need to be carried out immediately. The government has little time left to prove that the reconstruction of Aceh will be accountable, both to donors and to the people of Aceh, whose lives have been destroyed by the tsunami.

Managing fuel prices

Jakarta Post Editorial - March 7, 2005

About 30 members of the House of Representatives have asked the legislature to exercise its right of inquiry into the government decision to raise on March 1 fuel prices by an average of 29 percent.

The wave of protest demonstrations against the fuel policy, have continued in several cities, though they seem to be dwindling in intensity. Some non-governmental organizations have filed a class action lawsuit against the government at the Central Jakarta District Court.

All these actions were predicted, given the inadequate preparations by the government to build up a national political consensus on the painful price hikes. But the protests, heated debates and outright opposition to the fuel price hike also simply demonstrate the work of democracy.

This is what democracy is all about.

The government cannot simply launch a policy and sit back and relax, hoping that all things will run normally and problems will take care of themselves. The government should instead work hard to "sell" its policy, reaching out to the people, and, in the process, listening to different views before finally deciding on the best option or taking corrective measures, if necessary.

As long as the street demonstrations are orderly, and the government is able to maintain adequate supplies and smooth distribution of basic commodities, the panic market reaction, as reflected in the abnormally steep rise in the prices of several food commodities and transportation fares, should recede soon.

The market will return to a new equilibrium within the next few weeks after it fully absorbs the impact of the higher fuel prices on the various sectors of the economy. Certainly, the prices of most goods and services will rise. It is totally wrong to deceive the public into believing otherwise. But the rate of the price rises would be proportional to the role of fuel in their respective production costs.

Even though most points of arguments in favor or against the fuel price policy should have exhaustively been treated a few weeks before the March 1 measure, the current debates are nonetheless healthy as they will enlighten the public of the whole perspective of our overall energy policy.

Take, for example, the bone of contention among House members to have the fuel production costs of the State Oil Company Pertamina, which still holds a monopoly in fuel, independently audited. This point simply makes sense, especially because of the lingering public perception that virtually all state companies have yet to establish good corporate governance practices.

The ruling by the Business Competition Supervisory Commission that was disclosed on Thursday may strengthen the House demand and embolden public pressures for an independent audit of Pertamina's production costs.

The Commission ruled after more than eight months of examination and investigations that Pertamina directors and commissioners were guilty of colluding with its financial advisers and bidders for the sales of its two very large crude carriers in mid-2004, thereby costing the state up to US$50 million in losses.

It is nevertheless a great comfort to observe President Susilo Bambang Yudhoyono personally leading the communication campaign to ensure a smooth, orderly phasing in of the new fuel price policy.

His impromptu visit to the West Java regency of Rengas Dengklot, on Wednesday morning, without the trappings of elaborate official protocol, to monitor the impact of his policy on the people is the right kind of action needed to keep the government apprised of the public's and market's reaction to the unpopular, yet sorely needed, reform move.

As Susilo himself is a good communicator, he should continue reaching out to the people, talking honestly in simple layman's terms to them and appealing for their understanding about the sacrifices they have to put up with for the long-term good of the economy.

Susilo and his Cabinet ministers still need to launch a nationwide campaign to explain the big picture of our fuel problems: How artificially low prices would eventually cause a massive disruption in the supply of energy, hinder the development of alternative energy resources, which are quite abundant in the country, and increase the state budget deficit. The deficit would become unmanageable and lead to spiraling inflation. They need to explain how subsidized fuels have so far been enjoyed mostly by the well-to-do families; how the wide differences between domestic and international fuel prices have been exploited by profiteers -- smuggling cheap fuels overseas.

The phasing out of fuel subsidies is a good moment to educate consumers about the economics of commercial energy, to make them realize that, sooner or later, in one way or another, they will have to pay for that fuel -- based on economic realities -- or suffer supply disruptions.

Ba'asyir's conviction

Jakarta Post Editorial - March 5, 2005

Whatever others may say about it, here in Indonesia the trial and subsequent conviction on Thursday of Abu Bakar Ba'asyir to 30 months' imprisonment for partaking in the "evil conspiracy" that culminated in the October 12, 2002, Bali nightclub bombings is likely to remain a topic of heated contention for a long time to come.

On one side of the divide are those who believe in the cleric's guilt, or at least in his role in the Jamaah Islamiyah organization and in his capability to incite violence, while on the other side, his blindly devoted followers and others believe that justice should be meted out impartially and objectively, no matter what -- which, in the absence of convincing proof, they believe the court has done.

Apart from touching on some of the most fundamental, universally recognized principles of justice, Ba'asyir's case thus personifies the precarious position that Indonesia -- as the world most populous Muslim nation -- occupies in the global tug- of-war between the fight against terror and the principle of equality before the law. In the final instance, at stake is the direction in which the nation's efforts at judicial reform and its democracy are headed.

In the meantime, the past few years of police efforts have proven that the aging cleric is not an easy fish to catch. To briefly recall Ba'asyir's embroilment with the law after his return from self-exile in Malaysia after the fall of the New Order regime in 1998: Police arrested Ba'asyir on October 19, 2002, just a week after the Bali nightclub attacks, for alleged involvement in terrorist activities across the country, including the December 2000 Christmas Eve church bombings and involvement in a plot to assassinate then president Megawati Soekarnoputri.

He was officially detained on November 2 of that same year and went on trial in April the following year. Though charged on several counts, including a 1999 plot to assassinate then vice president Megawati, the Central Jakarta District Court only managed to hand him a four-year prison sentence for document fraud and immigration violations. In November 2003, the High Court reduced that sentence to three years, a ruling that the Supreme Court further reduced in March 2004 to 18 months' imprisonment.

Ba'asyir, however, did not savor his newly gained freedom for long. Just moments after his release, police once again arrested the cleric, this time on charges of terrorism. The clashes that resulted left more than 100 Ba'asyir followers injured. On October16, formal charges of masterminding the Bali bombings were made against the 67-year-old cleric. The rest, as they say, is history.

Opinions, meanwhile, remain sharply divided, not only here at home, but also abroad. The Australian foreign minister, Alexander Downer, for example, was quick to express his disappointment over what he considered to be a too lenient verdict. A spokesman of the US embassy in Jakarta, Max Kwak, conveyed similar sentiments, though it must be noted that both also expressed their respect for the independence of the Indonesian judiciary and the conviction.

The same divide seems to exist to some extent among Indonesians, with those who consider Thursday's court verdict lenient, fearing that it might encourage more acts of violence in the future, pitted against those who call the verdict unfair and unfounded. After all, the court's reliance on a sworn testimony based on an overheard conversation, appears weak to say the least.

Nevertheless, the fact that Ba'asyir and his lawyers could so easily have evaded the more serious charges of terrorism provides plenty of room for thought, particularly regarding the country's judiciary. Eight charges were laid out by the prosecutors against the cleric. The bench regarded just one -- the subsidiary charge of involvement in an evil conspiracy to cause an explosion that caused death and endangered the lives of others -- as proven, and even that claim is suspect.

The Abu Bakar Ba'asyir court saga, of course, is not over at this point. The aging cleric has made it clear that he will appeal the verdict.

In the meantime, the Indonesian government, its national legislature and its judiciary had better work hard toward establishing a more effective and more elucidated means of ensuring national security, all in full adherence to the law and the Constitution. The nation's security must be protected, but without resorting to the authoritarianism of the past.


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