News & issues

'Traffic to come to standstill by 2014'

Jakarta Post - February 20, 2006

Jakarta – As the increase in the number of roads is not corresponding with the increase in the number of cars, by 2014, some cars might never make it to the open road, a survey on the city's land transportation showed Saturday.

Head of the Transportation Ministry's land transportation directorate Sugihardjo said roads were being constructed at a rate of less than 1 percent a year. This slight addition could not accommodate the rapid growth of the car population in Jakarta, Detik.com reported.

"There will be a traffic standstill. People will buy new cars but there will be nowhere to drive them," Sugihardjo told a seminar on transportation comfort in Jakarta on Saturday.

Sugihardjo said that by 2014 there would be an estimated three million cars on 45 million square meters of road every day. Today, 600,000 cars are on city streets daily.

"To address this problem, if there is a limited budget to build new roads, then people must use public transportation, like the busway, to save fuel and to reduce traffic congestion," he said.

Kalla says 'efficient' democracy works best

Jakarta Post - February 16, 2006

Hera Diani, Jakarta – There is much to enjoy from overseas trips, but Vice President Jusuf Kalla says the praise he hears heaped on Indonesia's democratic transition has begun to grate.

"I'm congratulated everywhere... but I told them to cut the small talk. They don't care about democracy, they want stability. They congratulate us but then flood China for business investment instead of here. So (the demand for democracy) is a double standard," Kalla said Wednesday in a seminar for the launching of the book Understanding Indonesia.

Although he did not state that economic stability should be the priority to effect development, the businessman and chairman of the Golkar Party said democracy should promote economic stability through a constructive and efficient implementation.

"Our objective is to achieve (better) public welfare, with one of the elements being democracy. But it's not easy to achieve democracy with such low income," he said at the talk held by the Soegeng Sarjadi Syndicate, a research group which published the book.

Disputes marked democratic practices here, he added, with the attitude that the government could do no right and should face constant criticism. "That's not democracy, that only causes political fatigue. Let's just make politics and democracy more efficient. Support what we agree upon, and give constructive criticism."

His comments were criticized by other speakers, who warned that they could be construed as support for those who claim the authoritarian Soeharto regime provided greater stability and security.

Political scientist J. Kristiadi warned the pursuit of stability should not be an excuse for the government to obstruct democracy. "It's a complete misunderstanding that democracy should be efficient. Disputes and criticism are part of democracy... What's worse is if people recommend the need for a strong state."

Economist Faisal Basri said the state needed to be more involved in regulating the market instead of leaving it to market forces. "The state cannot wash its hands of electricity and leave it to the market because (state owned electricity company) PLN is a monopoly," he said, referring to the government's suggestion for businesses to negotiate on a one-on-one basis with PLN about a planned rate hike.

Faisal listed many of the problems stacked against the country's development. "Tuberculosis, malaria and the maternal death rate in this country rank among the highest in Asia, causing us to lack competitiveness. Public spending is less than 1 percent... Revenues in the regions are lower than when regional autonomy was imposed."

The country needed an economy providing autonomy for individuals and communities, Faisal said, although the government appeared reluctant to give up centralized control despite four years of regional autonomy.

"For instance, instead of having state-owned Pertamina monopolize the fuel distribution and production, why don't the regions produce their own alternative fuel so that their regions can be empowered?" he said of the oil company.

"That's the principle of market creation, where people have choices and at competitive prices." State-owned companies monopolize the market but fail to meet public demand, he noted.

"PLN can only provide electricity for 53 percent of total demand, the state telecommunications firm (Telkom) can only install 4 percent of fixed lines across the country, while the regionally owned water firms (PDAM) can only provide tap water to 16 percent of the population."

Pending the implementation of a market system with adequate regulation, Faisal called for "a moratorium for liberalization, deregulation and privatization." "There has to be mechanism to stabilize the price as well, and an economic system that meets the sense of justice and equity," he said.

Complaints fail to spur officials into taking action

Jakarta Post - February 15, 2006

Tony Hotland, Jakarta – If you are one of the millions awaiting a response after sending a letter or SMS of complaint to President Susilo Bambang Yudhoyono, don't take it personally.

Only a fraction of the nearly two million short message service complaints and thousands of letters sent to PO Box 9949 have been referred to related government institutions since the President launched the service for public feedback last June.

And, despite the President's order for follow-up, most institutions who have received complaints have dragged their feet in responding, A total of 1,006 reports have been referred to ministries, institutions and local administrations from the 1.92 million SMS and 15,528 letters received as of Feb. 6, Sardan Marbun, the President's special staff for legal and corruption eradication and manager of PO Box 9949, said Tuesday.

Most complaints concern unfair and protracted law enforcement procedures; alleged corruption, illegal logging and illegal fees; land conflicts, dismissals and arbitrary actions; mismanagement of the government's cash assistance to the poor, school operation financing and free health service; as well as support for the government's fight against corruption.

Sardan said the President selected complaints with enough evidence to warrant a response, although he acknowledged Yudhoyono was not able to read all the SMS and letters.

A total of 516 reports have been referred to ministries but only 105 have been followed up; 143 to state institutions, such as the National Land Agency (BPN), Bank Indonesia, state telecommunications firm PT Telkom and state electricity firm PT PLN, with 20 reports forthcoming; while there were only 22 responses to the 347 complaints conveyed to local administrations.

Ministries and institutions that were the subject of a significant number of complaints were the National Education Ministry, National Police, Home Ministry, Office of State Minister for Administrative Reform and the Manpower and Transmigration Ministry.

Local administrations receiving the brunt of the reports were West Java, East Java, Jakarta, North Sumatra, Central Java and East Kalimantan.

Sardan said the President did not set a deadline for responses, but he would be able to determine from the follow-up actions the seriousness of the institutions. Many ministries and local administrations have been unable to produce responses despite several requests, Sardan added.

Messages that were not referred included ones of support for the government, or complaints with little supporting evidence.

Despite the lackluster response from officials, Sardan said Yudhoyono wanted to keep the complaint lines open. "With time, there are actually fewer messages and letters being sent, but they're more accurate and complete. Thus, the President continues to expect the public to send more input to help him," he said.

Condom vending machines up against it

Jakarta Post - February 15, 2006

Indra Harsaputra, Surabaya – Reni (not her real name), 25, was puzzled as she looked at a vending machine to be installed in a red-light district here in February – a device previously unfamiliar to her.

After a demonstration by personnel of the local health office to show how the silvery box could dispense condoms by means of four five-hundred rupiah coins, Reni, only gave a shy smile.

"Oh, it's the condom machine that students and religious leaders have protested over. So it's just like an ATM, but this one gives out condoms instead of cash," said Reni, a commercial sex worker at Sumber Loh brothel, Singojuruh district, Banyuwangi regency, East Java,.

The vending machines, locally known as condom ATMs, in the red- light district of Banyuwangi are distributed under a government program to prevent the spread of HIV/AIDS in the country.

The same condom dispensers have also been allocated to several other regions, including Jakarta and Central Java. For East Java, the machines can also be found in Tulungagung, Pasuruan and Nganjuk.

Procured by the National Family Planning Coordinating Board (BKKBN), the machines are delivered to regional BKKBN offices for further transfer to regional units of the Narcotic and AIDS Control Agency (BPNA), which allot them to regional health offices.

The vending machine project faces various constraints in the field, including rejection by religious groups, which consider the use of condoms as an endorsement of prostitution, thus opposing religious norms.

Protests have emerged in some places. In Medan, North Sumatra, for instance, religious activists and students staged demos against the installation of vending machines several weeks ago. They also jointly voiced their objection to the planned circulation of the Indonesian version of Playboy magazine.

In East Java, no street action has taken place though some circles have begun to express their disapproval. Nahdlatul Ulama (NU), the country's largest Muslim organization with the majority of its members based in the province, even threatened to thwart the program.

Despite public opposition, BPNA as the agency in charge of distributing the condom dispensers carries on with the project because in its evaluation, not all religious groups object to the machines. Some ulema and local community leaders even support the program. East Java's Madiun city will have its share in mid- February.

Reni was apparently pleased with the new method but unfortunately she had no opportunity to benefit from it because of the limited number of condoms available. Limited condom supplies in Banyuwangi and other regions using the machines is another constraint in the project.

In the Gudang Garam cigarette factory in Kediri, East Java, where the same condom dispenser was installed in 2003, its operation has also been hampered not only by a supply shortage, but also by a price increase.

With the condom price rising from Rp 1,500 (3 pieces) to Rp 2,000, older machines need to be adjusted. The provincial BKKBN and BPNA have agreed to immediately cover the condom shortage and to adjust earlier dispensers to the new price.

Disappointed by the limited capacity of the apparatus, Reni also doubted that her customers would be willing to use condoms. "Condoms are also sold around this place at the same price, but many of my guests are unwilling to use them as they find them unpleasant," she revealed.

She knows the risk of HIV/AIDS infection through unprotected sex, but she is unable to insist on the use of a condom when customers threaten to refuse to pay unless they go without. However, Reni is not alone in this case.

A survey conducted by the Central Statistics Agency (BPS) in 2002-2003 discovered that the majority of sex workers in Indonesia were aware of the risk of HIV infection without the use of condoms. But in practice they feared losing their guests if they insisted.

Eri (not his real name), a customer of Surabaya's Dolly brothel, confirmed that some men were reluctant to use condoms because of the loss of sensation, but others had understood the danger of contracting HIV/AIDS.

"Those who use condoms usually come from middle and upper economic groups. They are afraid of losing their careers or business ventures after infection and only want to enjoy safe sex outside marriage," he added.

Unpopular contraceptive

As a prophylactic as well as a contraceptive, condoms are still not popular. Despite East Java's enforcement of a regional regulation in 2004 imposing a fine on brothel customers found without condoms, most men still avoid using condoms as proven by the BPS survey.

As a birth control method, condoms are also being abandoned. Figures from the provincial BKKBN show that while users of condoms in East Java totaled 7,818 in 2004, last year the number decreased to 5,999.

As indicated by BPS data the public prefers the use of intra- uterine devices (IUD), pills and injections as a means of contraception.

Based on the same data, women in villages opt for subcutaneous insertions and injections to prevent pregnancies whereas those in cities mostly choose the IUD and sterilization methods. Interestingly, highly educated women prefer the traditional way of periodical restraint.

Sri Setyawati, head of the provincial BKKBN's planned parenthood and reproduction division, said that in general the public trend in the use of contraceptives had been on the rise.

Contraceptive users in Indonesia increased in number by 60 percent in 2002-2003 compared to 1991. Apart from the factor of education and improved knowledge of family planning, economic conditions particularly following the fuel price hike have prompted people to postpone pregnancies. "But condoms are indeed being abandoned. We are focusing on the use of condoms by sex workers' guests," she added.

National Movement for Clean Toilets launched

Tempo Interactive - February 17, 2006

Joniansyah, Jakarta – The Department for Culture and Tourism this afternoon launched the National Movement for Clean Public Toilets. The event took place at Soekarno-Hatta International Airport in Jakarta, the Juanda Airport in Surabaya and the Ngurah Rai Airport in Denpasar Bali.

"Toilets are a barometer of cleanliness and culture. Why was [the movement] proclaimed at the airport, because airports represent a gateway [to the nation]", said the wife of the culture and tourism minister, Jero Wacik, who spoke at the Soekarno-Hatta launch on Friday February 17.

Wacik said that it is time for the Indonesian nation to polish up individual's level of mutual sensitivity and tolerance, particularly in the use of public facilities. "A nation's image is cultivated by its toilet cleanliness at airports", he said.

According to the technical director of the state-own airport operator PT Angkasa Putra, I Made Dhordie, almost 80 percent of aircraft passengers visit the toilet before and after flying. The Soekarno-Hatta Airport has 188 toilets. In order to enhance the clean atmosphere, toilets will be beautified with decorations. "We are decorating toilets by giving them wall decorations", he said.

[Translated by James Balowski.]

Aceh

Imparsial protests unsupervised unearthing of Aceh graves

Detik.com - February 21, 2006

Fitraya Ramadhanny, Jakarta – Indonesian Human Rights Watch (Imparsial) has protested the unearthing of 23 sites suspected to be graves of victims of human rights violations in the North Aceh town of Bireun. Imparsial also expressed its disappointment with police for allowing it to happen.

The unearthing of the graves between November 2005 and January 2006 can be said to have damaged material evidence. "Komnas HAM [the National Human Rights Commission] and the police made no attempt to secure material evidence", said Imparsial's managing director Rusdi Marpaung at his offices in Jakarta on Tuesday February 21.

From Imparsial's findings, the graves were admittedly unearthed by local people seeking missing family members. The majority of the graves were in the vicinity of TNI (Indonesian military) posts that had long since been abandoned. Marpaung added that the unearthing of the graves should have involved a forensic expert so that it could reveal what had happened."Komnas HAM should have gone there and the police [should have] send out a forensic team, then reported the results. So the affair could be settled", he said.

Imparsial is recommending that the government protect evidence related to human rights violations for the sake of prosecuting the law in the future. Unearthing the graves without supervision could obstruct efforts to solve the cases. "The public has the right to look for their missing family members, but in the context of human rights violations there is evidence that cannot be just allowed to disappear", he explained. (umi)

[Translated by James Balowski.]

Aceh won't be partitioned: Sofyan

Jakarta Post - February 20, 2006

Jakarta – The government has no intention of partitioning Aceh because it would violate the Helsinki peace agreement signed by Indonesia and the Free Aceh Movement (GAM) last year, Information and Communications Minister Sofyan Djalil says.

"We agreed that Aceh would not be partitioned," Sofyan said to a meeting about the peace agreement in Banda Aceh on Saturday. "We should focus more on the peace process." The meeting was attended by GAM spokesman Bakhtiar Abdullah, Aceh provincial legislative council speaker Said Fuad Zakaria and religious leaders.

Sofyan said Aceh's partitioning would not only amount to a violation of the peace accord but would also not benefit locals. "The demands... to establish new regencies, municipalities and even provinces have until now been of no use to the people," Sofyan said quoted by Antara.

He cited a recent survey by the Jakarta-based Paramadina University of 90 new regencies and municipalities across Indonesia. It showed that 84 of them had blown their budgets on non-essential infrastructure spending like improvements to local government buildings.

The minister, who helped draft the peace agreement, said that most of the territories that wanted to become new regions or provinces were located outside of Java and had small populations. "Partitioning only serves the interests of the political elite who have ambitions to become regional chiefs," the minister said.

Establishing new regencies, municipalities or provinces also cost a lot of money, which would be better spent on improving public welfare, he said.

Several Acehnese officials have called for Aceh to be split into two provinces: Aceh Leuser Antara, which would consist of the Central Aceh, Southeast Aceh, Gayo Lues, Mener Meriah and Aceh Singkil regions; and Southwest Aceh province, made up of West Aceh, South Aceh, Southwest Aceh, Nagan Raya, Aceh Jaya and Simeule.

Gambler gets caned in Banda Aceh

Jakarta Post - February 20, 2006

Banda Aceh – A convicted gambler from North Sumatra was caned in front of hundreds of spectators Friday in Banda Aceh.

The convicted gambler, identified as Syafaruddin Nasution, 35, was lashed 10 times with a bamboo cane after Friday prayers outside the Ateuk Pahlawan Mosque in the Baiturrahman district.

Prosecutor Hermansyah said that Syafaruddin Nasution was caught gambling with four other cohorts Dec. 23. "But Syafaruddin was the only one sentenced to that punishment because the four others were non-Muslim," he said. It was the fifth such case since sharia law was implemented three years ago in the province.

Also in attendance to see the man caned was Banda Aceh Mayor Gazali Yusuf, who called on non-governmental organization (NGO) workers and pendatang (newcomers) to respect sharia law, saying that only one of 18 caned convicts was born and raised in Banda Aceh. "Alhamdullilah (Praise be to Allah), it means the people of Banda Aceh respect the sharia," he said.

The sharia law was imposed in 2003 as part of an autonomy package authorized by the central government in an attempt to quash separatism. According to the law, flogging may be used to punish various crimes ranging from fraud, adultery and use of alcohol to gambling and "intimacy" between unmarried couples.

Gus Dur confirms BIN report

Tempo Interactive - February 16, 2006

Jakarta – Former president Abdurrahman Wahid, known as Gus Dur, has confirmed a report by the State Intelligent Agency (BIN) that the Free Aceh Movement (GAM) still wants independence for Aceh, even though it has made peace with the Indonesian government.

"It was Sofyan Dawood (the GAM Commander) himself who said this," said Gus Dur, yesterday (15/2). He said he considered that the government has made a big mistake by signing the peace memorandum of understanding with GAM.

In addition, Soetardjo Soerjogoeritno, Vice Chairman of the House of Representatives (DPR), made a similar statement. Soetardjo acknowledged that he had information regarding the entry of illegal weapons from Penang, Malaysia, into Aceh. – Pramono

Government bill could re-ignite Aceh conflict: Mega

Jakarta Post - February 17, 2006

Muninggar Sri Saraswati and Ati Nurbaiti, Jakarta – Ahead of next week's legislative deliberation on the Aceh governance bill, the Indonesian Democratic Party of Struggle reiterated its opposition, saying the bill would give too much to the Free Aceh Movement (GAM).

While adding that if the law were passed as it would be seen as bowing to international pressure, ex-President Megawati Soekarnoputri said the government draft could lead to the full independence of Aceh. Addressing a discussion on the bill Thursday held by PDI-P, the party's leader said she and the party "will not share in the responsibility" if Aceh becomes independent.

She added that the process was wrong because the talks began with GAM leaders, she said. Because the GAM leaders had become citizens of Sweden, "as president I refused to meet them, how could they (the Swedes) understand Aceh?" she wondered. "Don't people understand? A peace agreement (which was reached in August between GAM and the current government) can be either rejected, frozen or continued if we so wish."

PDI-P controls 19.8 percent, or 109 out of 550 seats, in the House of Representatives, which is required by the peace agreement to pass the bill on Aceh governance before March 31.

But being the main party opposing the government draft "we'll be overwhelmed by all the other factions, and if need be we'll have to concede defeat with our heads held high," legislator Permadi said.

Other speakers at the meeting, such as former deputy Army chief of staff Lt. Gen. (ret) Kiki Syachnakri, raised similar concerns about the "ignorance of government leaders and facilitators" who drafted the agreement in Helsinki, about the far-reaching impacts of letting Aceh have wide-ranging autonomy, including limited self-governance.

"The thing that I fear most about this is that we now have started moving back to a kind of federalism that could have a domino effect," Kiki said, referring to the time in the early 1950s when Indonesia was largely decentralized and provinces had greater authority over their own governance.

On the other side of the coin, advocates of the draft bill from Aceh's provincial legislative body also oppose some aspects of the government draft, saying it violates much of the spirit of the Helsinki agreements.

One participant, Agung Wijaya of the Aceh Democratic Network, claimed that dialogs between his network and people in Aceh showed that "the spirit of the Acehnese is to remain within the unitary republic," contrary to fears raised by speakers and the legislators of the PDI-P. "There were initially six drafts, but people have said they will support the draft from Aceh's provincial legislative council," Agung said.

Meanwhile, the House's legislation committee approved the government's request Thursday to include the bill in this year's National Legislation Program.

Several legislators also lashed out at Justice and Human Rights Minister Hamid Awaluddin for ignoring the House's procedures and skipping the committee meeting on the bill.

However, the House plenary meeting concluded the approval of the bill on Aceh two days earlier, before it was approved by the legislation committee. Hamid said that he had sent a letter to the committee before the plenary meeting, but received no response. He also asked the legislators to finish the deliberation of the bill on time.

Legislator Saifullah Ma'shum said that lawmakers would need more time to finish the deliberation of the bill because "it was a strategic and contentious one".

Aceh bill slammed by critics ahead of debate

Straits Times - February 14, 2006

Salim Osman, Jakarta – Even before parliament starts its deliberation today, the Aceh Government Bill has already been slammed by critics for not sticking to the spirit of the Helsinki peace agreement.

Objections to the draft law revolve mainly around Jakarta's decision to drop a number of articles proposed by the Aceh Legislative Council (DPRD) from the Bill that the government submitted to the House of Representatives last month for its passage by March 31.

The draft law has also been criticised by nationalist politicians and retired military leaders who warn that it could threaten the unitary state of Indonesia.

The proposed legislation is the latest hurdle facing Jakarta since the signing of the peace agreement last August between the government and the Free Aceh Movement (GAM). It incorporates versions prepared by the DPRD and GAM after months of consultations with groups in the tsunami-ravaged province.

At various forums held here and in Banda Aceh last week, Aceh activists expressed unhappiness over political representation and power-sharing between the central government and the Aceh administration.

The Bill drops a key demand by the Acehnese that candidates in local elections can run as independents and approves only candidates with party tickets.

Analyst Ikrar Nusa Bhakti told The Straits Times that the clause would prevent former rebels from running for the posts of governor, deputy governor and other regional appointments in local elections in Aceh scheduled for April.

"They want to contest as independents because the time is too short to create their own political party. Besides, the existing political parties would not endorse them," said the Indonesian Institute of Sciences analyst.

A former GAM leader who was one of the negotiators for the peace pact, Mr Teuku Kamaruzzaman, told The Straits Times: "The clause for independent candidates is important for every Acehnese aspiring for political office. How can democracy grow if channels are not open to people to participate in politics?"

He also expressed concern that Jakarta would continue to manage extraction of Aceh's natural resources, although the Bill says 80 per cent of the revenue will go to the territory.

"Jakarta can say that it gives Aceh 80 per cent of the revenue but we don't know exactly how much revenue is reaped from tapping our natural resources. We can be shortchanged," Mr Kamaruzzaman said.

Aceh activists are also against a clause that allows the central government to carve new provinces out of Aceh's territory. "This clause goes against the spirit of the Helsinki accord which guarantees Aceh's territorial integrity," said Mr Agung Wijaya of the Aceh Democracy Network.

Mr Kamaruzzaman said that he and other activists would lobby the legislators to press for changes to the legislation. "The stunted hopes of the Acehnese can cause another political upheaval which can threaten peace," he warned.

The nationalist Indonesian Democratic Party of Struggle (PDI-P), led by former president Megawati Sukarnoputri, and retired military officers are critical of the Bill but for a different reason.

They feel that the draft law, which also grants Aceh the right to fly its own flag besides the national Indonesian flag, and an Aceh national song distinct from the national anthem, may undermine the unitary state of Indonesia.

"We want the government to explain whether this Bill is not against the Constitution before we can start the debate in parliament," said Mr Andreas Pareira, a PDI-P MP from Flores.

Megawati worried draft law a means to independence

Tempo Interactive - February 16, 2006

Yophiandi Kurniawan, Jakarta – The general chairperson of the Indonesian Democratic Party of Struggle (PDI-P), Megawati Sukarnoputri, is pessimistic that the implementation of the memorandum of understanding (MoU) between the government and the Free Aceh Movement will be in accordance with expectations. Her party therefore will not take responsibility if the implementation of the agreement is to open the way for Aceh to separate from Indonesia.

"If all kinds of things [start happening], we will not interfere", she said in a discussion on the Draft Law on a Government for Aceh at the PDI-P's national headquarters in Jakarta today.

The former president also questioned the formulation of the MoU because GAM is a political movement seeking independence. This is the reason that Megawati doubts that the content of the draft law refers to the concept of the unitary state. "The process (of formulating the MoU) itself was wrong".

Also present at the discussion was the former governor of the National Resilience Institute (Lemhannas) Ermaya Suradinata, the former deputy chief of the Army General Kiki Syahnakri, University of Indonesia legal expert Hikmahanto Juana, Bivitri Susanti from the Center for Legal and Policy Studies and Agung Wijaya from the Indonesian Center for Democracy and Human Rights (Demos)

Yesterday, the general chairperson of the National Awakening Party's advisory board, Abdurrahman Wahid, said that the government had committed a huge mistake in making the MoU with GAM, a group that wants to separate Aceh from Indonesia. "How can we have reached an agreement with them?", he asked.

[Translated by James Balowski.]

SIRA offices in Aceh attacked and vandalised by militia

Tempo Interactive - February 17, 2006

Imran MA, Banda Aceh – The Blang Pidie representative offices of the Aceh Referendum Information Center (SIRA) in West Aceh was attacked by a group of around 100 militia on Friday February 17. All of the office equipment including a typewriter, radio and other materials were destroyed. The office is now under a tight police guard.

When contacted by Tempo, SIRA's presidium chairperson Muhammad Nazar said that based on information from Saharuddin, the head of the Blang Pidie representative office, the attack occurred at 10.30am. The attackers arrived in a truck and minibus.

"They destroyed office equipment including a radio, typewriter, and took two bags owned by SIRA personnel inside of which were documentation and records of meetings", said Nazar. He added that among the militia group a SIRA member saw a police intelligence officer whose face they know well.

After vandalising the office and pushing SIRA staff members around, the group demanded that SIRA be disbanded. Not long afterwards, police arrive to secure the location. "The police took photographs and data, perhaps as material evidence", said Nazar.

The militia group also went to the local Regional House of Representatives where they asked the people's representatives to support them in having the non-government organisation (SIRA) disbanded.

[Translated by James Balowski.]

West Papua

Foreign media ban continues to obstruct press freedom

Pacific Media Watch - February 21, 2006

Sydney – The International Federation of Journalists (IFJ) has written to the Indonesian Government demanding the removal of the ban on foreign media in West Papua immediately.

The IFJ is concerned over the stance taken by Indonesian Minister of Defence, Juwono Sudarsono, claiming the ban on all foreign media, churches and non-governmental organisations (NGOs) is required for fear their presence in West Papua would "encourage Papuans to campaign on issues of human rights".

The ban has prevented any foreign journalist from having official access to the region in the past eighteen months, severely restricting the media's ability to tell the West Papua story. There is also the concern that the foreign media ban is a direct attempt to conceal human rights abuses from the world.

The restrictions on foreign media are in direct opposition to Indonesia's obligations since ratifying the International Covenant on Civil and Political Rights. Article 19 recognises the right to "seek, receive, and impart information and ideas through any media regardless of frontiers."

"Restrictions on foreign journalists represent a blatant violation of this right and seriously curtail the ability of the world's media to report in West Papua," said IFJ president Christopher Warren.

"An independent and free media is essential to ensure democracy," said Warren. "The silencing and censoring of the media will only fuel misinformation and foster conditions for abuse, mistreatment and corruption," said Warren. "The denial of foreign media access to West Papua suggests an attempt to conceal human rights abuses," said Warren.

The IFJ is calling on the Indonesian Government to lift the ban as was done in Aceh after the December 2004 Indian Ocean tsunami. A free and independent media in Aceh allows the media to fulfil its job as the people's watchdog against corruption, human rights abuses, mistreatment and political and corporate mismanagement.

Greater public scrutiny of the region is needed to minimise social, cultural, political, human rights and environmental abuses by the military, local government or corporations.

The president of IFJ's affiliate in Indonesia, Alliansi Jurnalis Independen (AJI), Heru Hendratmoko, said: "AJI will never agree with any policy on media banning... We have to respect the people's rights wherever they live, including people in West Papua, to get access for information. So let journalists work freely there."

Church comes out against Papua partition

Jakarta Post - February 20, 2006

Nethy Dharma Somba, Jayapura – Influential Papuan church groups and community organizations are supporting the Papuan Legislative Council's opposition to the creation of West Irian Jaya province.

"I fully support the council's decision because it is considered the best to avoid any possible conflicts that may arise in Papua over the establishment of West Irian Jaya province," Rev. Herman Saud, chairman of the Papuan Injili Christian Church Synod, said in Jayapura on Saturday.

Support against the partitioning of the province also came from local chapters of the Indonesian Christian Students Movement (GMKI), Association of Catholic Students (PMKRI), Indonesian Christian Women's Association (PWKI) and the Cooperation Forum of Non-governmental Organizations (Foker LSM). Representatives Jems Mayor (GMKI), Jens Cherry Meak (PMKRI), Rev. Wanaha (PWKI) and J. Septer Manufandu (Foker LSM) were signatories.

The statement said the public consultation conducted by the Papuan People's Assembly (MRP), which was used by the legislative council Friday to oppose the Papuan partition, was legitimate and must be presented to the central government for consideration, Antara news agency reported on Saturday.

Rev. Herman Saud warned it would be a bad precedent if the central government did not heed Article 76 of the 2001 Papua Special Autonomy Law and went ahead with the partition of the province. The article states that any partition of the province must first be approved by the MRP.

During a plenary session Friday, the councillors concluded there was no need to divide Papua at present, and any future divisions would have to be done according to Article 76. West Irian Jaya is already operating as a de facto province.

"There may emerge similar partitions in other regions throughout the province without necessarily having gone through the process of approval from the MRP. This will not be good for both the people and the law itself," Herman told The Jakarta Post.

The government must respect the legislative council's decision, he added, or else the partitioning of the province was the will of Jakarta, not of Papuans.

"The partitioning of Papua province outside the 2001 law is illegal because the province is regulated under the law. Therefore any decision should be taken in line with the law." If the central government insisted on establishing West Irian Jaya outside of the conditions laid down by the 2001 law, the Papuan council said it would call another plenary session to determine its response.

Council comes out against West Irian Jaya province

Jakarta Post - February 18, 2006

Nethy Dharma Somba, Jayapura – The Papuan Legislative Council announced Friday it would oppose the partitioning of Papua to create West Irian Jaya province.

The decision, which was reached during a plenary session presided over by council deputy speaker Komarudin Watubun, will be brought to Jakarta for discussion at a Feb. 20 meeting between representatives of the proposed West Irian Jaya province, Papua province and the central government.

During the session Friday, the councillors concluded there was no need at present to divide Papua, and any future divisions would have to be done according to Article 76 of the 2001 Papua Special Autonomy Law. The article states that any partition of the province must first be approved by the Papuan People's Assembly (MRP).

If the central government insists on establishing West Irian Jaya province outside of the conditions laid down by the 2001 law, the Papuan council said it would call another plenary session to determine its next move.

However, four factions in the council said their only objection to the establishment of West Irian Jaya, which is already operating as a de facto province, was that the government circumvented the 2001 law in forming the territory.

Members of the Prosperous Peace Party faction said West Irian Jaya province could not be officially established until the central government issued an instructional regulation on the implementation of articles in the 2001 special autonomy law, including the one on the partitioning of Papua province.

The Joint Faction expressed its full support for the decision to oppose the establishment of West Irian Jaya, while waiting for an instructional regulation in line with the 2001 law.

Albert Yogi, chairman of the Indonesian Democratic Party of Struggle faction, said what the legislative council was opposed to was the process by which the new province was created.

The MRP, in an earlier report to the legislative council, said now was not the appropriate time to partition Papua province, and any future partition had to be done according to Article 76 of the 2001 law.

If the central government insists on moving forward with creation of the new province, the MRP will submit seven requirements the government must meet.

These requirements include a promise not to increase the flow of immigration to Papua, an assurance that Papua will still constitute one economic and sociocultural entity, and the promise of development for Papuans under their special autonomy status.

Asylum seekers plead for protection

Melbourne Age - February 17, 2006

Andra Jackson – The leader of the 43 West Papuan asylum seekers on Christmas Island has made a direct appeal to the Australian public for protection.

Herman Wainggai said he did not believe the Indonesian Government when it said that if the asylum seekers were returned, they need not fear for their safety. "They are a killer government, they are a terrorist government," he said.

The Papuan student resistance leader was speaking on a video made secretly on Christmas Island and smuggled out recently by Australian Greens senator Kerry Nettle.

Standing in front of a large West Papuan flag, he said members of the group feel safe now that they are in Australia. But with his fists tensing he implored: "We need protection from the Australian Government", a reference to the group's wait to find out if their asylum applications will be accepted by the Immigration Department.

Making an impassioned appeal for international support for West Papua, he said: "You have to understand what is happening now in West Papua.

"I am here because West Papua is fighting for independence from 1960 to 2006. In West Papua the Indonesian Government sends plenty of military to take out our place, so no freedom."

The video was shown at a public meeting organised by the Greens and the Free West Papua campaign at RMIT last night.

Mr Wainggai said: "In West Papua today, because of the situation with the military, West Papua people feel scared. They feel afraid." He said plenty of people had died in West Papua since 1960 and if the Papuan people didn't get help, more people would be shot and killed by the military.

The 43 asylum seekers – a group of activists and students – left West Papua because they feared for their safety, he said.

Holding his hand over his heart, he said they left their country "because we are targeted". He described how they made a traditional long boat and had to hide from the military as they brought it around from Jayapura in the northern part of the province to the south, to Merauke. From there they left for Australia.

For the first time he spoke of how they had expected to reach Australia in five days but it took seven "because we were facing big seas. We were late and slow in the sea so we just kept going."

He said the law of Indonesia could not solve the West Papuan problem – a reference to the so-called Act of Autonomy.

"We need international support especially from the Australian Government and the Australian people. If today we don't help the West Papuan people soon plenty of people will die by the military," he said.

Senator Nettle said the Reception, Truth and Reconciliation report on Indonesian atrocities in East Timor referred to the complicity of the Australian Government in sitting back and doing nothing. Never again should Australia sit back while its neighbours were being shot and victimised, she said.

Investigation into teachers' murders ends

Agence France Presse - February 17, 2006

Jakarta – Indonesian police have finished their investigation into eight suspects accused in the 2002 slayings of two American teachers in Papua province and handed over their charge sheets to prosecutors, a spokesman said Friday. Prosecutors will now study the dossiers and decide whether they are strong enough to file to court, or need to be returned to police for more investigation.

The eight men were arrested last month over their alleged roles in the slayings close to a gold mine run by New Orleans-based Freeport-McMoRan Copper & Gold Inc. One of the men, Anthonius Wamang, was indicted by a US grand jury over the attack.

"We have finished the investigation," said Brig. Gen. Anton Bachrul Alam. "We have also questioned 22 witnesses, including some American citizens as well as getting information from the FBI." He said Wamang was facing a charge of premeditated murder, which carries the death sentence. The other men were accused of lesser charges, he said, giving no more details.

Soon after the attack, police said that there were indications that Indonesian military officers were involved. An FBI investigation, however, found no evidence implicating Indonesian troops in the deaths of Rickey Lynn Spier, 44, of Littleton, Colo., and 71-year-old Leon Edwin Burgon of Sun River, Ore.

An Indonesian teacher was also killed and eight other people were seriously wounded. All the victims worked at a school for children of mine employees.

Human rights/law

Government authorized to revoke bylaws on Sharia

Jakarta Post - February 16, 2006

Several regional administrations have introduced bylaws that support the implementation of sharia, which observers fear could upset relations between religious groups in the pluralistic country. Constitutional Court President Jimly Asshiddiqie expressed his views on the matter in an interview with The Jakarta Post's Muninggar Sri Saraswati and Dwi Atmanta.

Question: From a constitutional point of view, how do you see the formalization of sharia in some regencies?

Answer: The Constitution is the supreme law, which reflects collective agreements Indonesian people struck to administer their life as a nation-state. It suggests that every citizen is equal in rights and responsibilities. There must be a unified legal system under the Constitution, so it can serve as the binding and integrating factor of the Indonesian people. We recognize diversity, but it is more limited as compared to that in a federal state. The Constitution acknowledges special status in some provinces, namely Aceh (Nanggroe Aceh Darussalam), Papua, Jakarta and Yogyakarta, because of historical or traditional reasons. But in regions outside of these provinces, the exceptions do not apply. Even in Aceh and Papua, which enjoy special autonomy status, national law prevails. They bow to the Constitution. Diversity, therefore, does not mean violating the Constitution.

Do you mean the regional governments (that have introduced bylaws on sharia) have violated the Constitution?

Regarding sharia, the discourse and the struggle to uphold (sharia) is still limited to symbolism, not substance. In practice, there are sharia banks, marital laws or ancestral laws that are derived from Islamic law. But because they are already part of the national law, they no longer belong to Islamic law. The same process applies to money laundering laws or international conventions that we have ratified. Once we adopt them, they are an integral part of our legal system. Adoption of foreign laws, as well as traditional laws, depends much on their benefits to us.

Problems arise, however, when it comes to sharia. There are political interests at play. The campaign to uphold sharia in Makassar or such a movement by the FPI (Islam Defenders Front) is a struggle for symbolism. In the global context, the trend is a response to world pressure in the form of the war on terror. The more those groups squeezed, the more they need an identity. On the other side, people are suspicious of anything that is linked to sharia.

If we come to the substance, there will be no problem because everything can be discussed. Who would imagine that we can find Latin terms and other words commonly used in churches and synagogues in the Indonesian legal system? The problem is that before we talk about the substance, there is prejudice and misunderstanding. Besides, not all Muslims have competence to discuss the substance. Muslim-based parties promised in their election campaigns to fight for sharia, but they could not deliver when they entered the House.

Formally, the regional regulations on sharia are not appropriate, because principally sub-legislation cannot run counter to legislation. The regions can adopt other regulations, if they want, on dress codes, for example.

How can a regional regulation overrule a presidential regulation?

The bylaws on sharia also denigrate sharia itself because it falls under a presidential regulation or other superior regulations. Such bylaws will only create misunderstanding, thus they are counterproductive.

Who should review them?

Either the executive or legislative branches can review the bylaws. The government in particular must take the initiative. The bylaws can be reviewed by the judicial branch, in this case the Supreme Court, if they cause legal problems or victimize people. The president can ask the justice minister and home minister to look into the bylaws, as well as other bylaws that contravene higher regulations.

The 2004 Regional Administration Law enables the home minister to revoke bylaws that violate laws or government regulations, although if you ask me the law violates the Constitution. But let the central government apply the existing law to review the bylaws on sharia.

Our Constitution stipulates that the Supreme Court holds the authority to review regulations below the level of legislation. Because a bylaw is a joint product of executive and legislative entities that are elected by the people, the home minister cannot revoke it. In the future, the minister can examine a bylaw, albeit within a certain period of time, before he or she brings it to the Supreme Court. The minister can also conduct a preview of a bylaw to prevent it from breaking higher regulations.

Basically, both the government and lawmakers must be active in upholding the consistency between legislation and its goals, as well as harmonizing all laws and regulations. This is a huge task that neither the Supreme Court or the Constitutional Court can bear alone. We are capable of reviewing 10 percent of laws or regulations brought for review, or 20 percent at most.

Porno law will discriminate against women and children

Detik.com - February 16, 2006

Fitraya Ramadhanny, Jakarta – The Draft Law on Pornography has received support and opposition from the public. The Children's Rights Monitoring Foundation (YPHA) includes those who reject it. They believe that the draft law will not address the real problem.

"This draft law will criminalise forms of women's expression and put child victims of sexual exploitation in the position of criminals", said YPHA executive director Antarini Arna in a press release received by Detik.com on Thursday February 16.

Arna said that her organisation opposes the draft law because it contravenes the Convention on the Elimination of Discrimination Against Women, the Convention on the Rights of the Child and the Convention on Civil and Political Rights. "This law gives the impression that sexual crimes are driven by the behaviour of women and female children", she added.

YPHA is asking the House of Representatives (DPR) and the government to cancel the ratification of the draft law. They are also calling on the DPR and the government to regulate the circulation of pornographic media so that children do not become the consumers. (fay)

[Translated by James Balowski.]

House rejects broadcasting regulations

Jakarta Post - February 15, 2006

Muninggar Sri Saraswati, Jakarta – House of Representatives legislators voiced their opposition Tuesday to a series of government regulations on broadcasting, which took effect on Feb. 5.

"We reject the regulations," said legislator Marzuki Darusman of the Golkar Party, representing the House Commission I on defense and information.

The House said the regulations, which removed the power of the independent Indonesian Broadcasting Commission (KPI) to approve broadcast licenses and assign frequencies, had been created solely by the government without involving the KPI.

Legislators announced their rejection of the government regulations a day after the commission did. A KPI spokesman on Monday said the commission planned to take the regulations to the Supreme Court.

The government has insisted on enforcing the controversial regulations that many see as favoring the interests of broadcasting owners. The House, while it can publicly condemn the new laws, does not have the power to stop their implementation.

The new rules have set the stage for a confrontation between the government and major electronic media owners on one side and the commission and the House on the other.

House members claimed Tuesday the Constitutional Court, which intervened in the legal dispute, had decided in favor of the government because some of its members had vested interests.

Legislator Djoko Susilo of the National Mandate Party (PAN) said one of the Constitutional Court justices, H.A.S. Natabaya, was a government lawyer in 2002 when the broadcasting bill was being debated by the House and the government. "Now that he has become a justice, could he be really neutral on the issue?" Djoko said.

Lawmaker Effendy Choirie of the National Awakening Party (PKB) said that the Caucus for Broadcasting, which comprises legislators and members of the public, had found credible evidence that one of the Constitutional Court justices was a shareholder in a major private television station.

"It's probably the reason why the Constitutional Court removed the KPI's powers to regulate the broadcasting industry," he said.

Djoko admitted the law "has been a compromise to bridge the interests of the government and the broadcasting industry as well as KPI and its supporters". "We want the KPI to function like the KPU (General Elections Commission) – so it is authorized to regulate the industry instead of only ruling on broadcasting content," he said.

Many observers have criticized the regulations, which they said could threaten media freedoms by giving the government the sole authority to issue broadcast permits. The regulations are based on the 2002 Broadcasting Law, which was also faulted for carrying many vague articles open to multiple interpretations.

The law was set up to regulate the broadcasting industry that has operated without official constraints since the fall of the New Order era. Media watchers and journalists see the regulations as repressive, while the government does not want the KPI to wield too much power.

The rules cover the licensing of broadcasting stations, the allocation of frequencies, the monitoring of programs, sanctions on errant broadcasters and limits on foreign ownership of local media.

One controversial clause stops local broadcasters from directly relaying news stories provided by foreign networks. Government censors must approve the content first. Shortwave programming by foreign stations such as BBC and VOA will be unaffected by the rules, as will broadcasts available over the Internet. Live foreign news can still be broadcast by satellite and cable channels.

Widow presses for Munir death probe

Jakarta Post - February 21, 2006

Jakarta – Suciwati, the widow of murdered human rights activist Munir, met with legislators Monday, a week after an earlier call on the House of Representatives from a former intelligence deputy chief implicated in the case.

Urging the House to keep up its pressure on the government for a new investigation into the murder, Suciwati said she regularly called National Police chief Gen. Sutanto to find out what the police were doing. "However, Pak Sutanto has not returned my calls," she said.

In December, the Central Jakarta District Court sentenced Garuda pilot Pollycarpus Budihari Priyanto to 14 years' jail for the murder of Munir, who according to an autopsy report died after being given a massive dose of arsenic. In their verdict, however, the judges said evidence had surfaced in Pollycarpus' trial that proved "he did not act alone" and they urged a further investigation into the murder.

The activist was found dead aboard a Garuda Airways flight bound for Amsterdam on Sept. 7, 2004.

In a statement read out at Monday's meeting, the secretary of the Munir Solidarity Group, Usman Hamid, referred to the Jakarta court's ruling.

The court noted that during the weeks before the murder, Pollycarpus had frequently called a cell phone number registered to former National Intelligence Agency (BIN) deputy chief Muchdi Purwopranjono.

Muchdi testified in court he loaned out his cell phone to subordinates and had no recollection of the calls. The former BIN officer met with House Speaker Agung Laksono last week to protest his innocence in the case.

On Monday, Suciwati met with Agung and Taufikurrachman, the chairman of the House team set up to look into the case.

Andi Widjajanto, a former colleague of Munir and a defense analyst, said resolving Munir's case "would be the entry point to reforming the country's intelligence system".

So far the investigation into Munir's murder has only proved that BIN is unprofessional, non-transparent and cannot be held accountable, Andi said.

Embattled Muchdi seeks help in Munir case

Jakarta Post - February 17, 2006

Muninggar Sri Saraswati, Jakarta – The former National Intelligence Agency (BIN) deputy chief, whose name has come up in connection to the murder of human rights campaigner Munir, has gone on the defensive, telling lawmakers he has nothing to hide.

Accompanied by his lawyers, Muchdi Purwopranjono met House of Representatives Speaker Agung Laksono on Thursday to appeal to lawmakers not to be "influenced by opinions from certain parties" linking him to the murder.

"I feel like I've been treated unfairly by unbalanced reports. I've tried to stay calm in the hope that (the allegations) would fade away with the end of the (Munir murder) trial. But they didn't," he told a news conference after the meeting.

Wearing sunglasses, Muchdi said he had to speak up for the sake of his family. "I've never talked to as many journalists as this today, even when I was a regional military commander," he said.

The Central Jakarta District Court sentenced Garuda pilot Pollycarpus Budihari Priyanto to 14 years' jail in December for Munir's murder. Pollycarpus was found guilty of lacing the food served to Munir with a lethal dose of arsenic during a Garuda flight to Amsterdam from Jakarta in September 2004.

The court noted that Pollycarpus had made frequent phone calls to former BIN officers, including to Muchdi's cell phone, in the days before the murder. When questioned in court, Muchdi testified he had lent out his phone to other members of the agency and could not remember the calls.

An independent team investigating Munir's murder found evidence that BIN agents were involved in the murder. The court when sentencing Pollycarpus called for the "masterminds" of the attack to be put on trial.

Muchdi said his Thursday meeting with Agung was to discuss "the case involving myself lately". He pointed to a newspaper, which ran an article alleging that he had contacted Munir before he died. "I swear to God, I didn't know Munir. I never phoned him. What more should I say?" he said.

Mahendradatta, a lawyer for Muchdi, said he and his client had urged Agung to tell legislators not to give into the growing "public opinion" that Muchdi should answer to the law.

"If there are (people) who are not satisfied (with the Munir trial's verdict), please file a legal motion. Otherwise, we will file one against them. It is only a matter of time. Don't attack our client," he said while looking at the Commission for Missing Persons and Victims of Violence (Kontras) chairman Usman Hamid, who attended the press briefing.

Kontras, which was co-founded by Munir, his widow, Suciwati, and other human rights activists have been pressing the authorities to arrest the masterminds of Munir's murder.

Speaking after the conference, Usman said he and his colleagues had never used baseless arguments in their bid to uncover the conspiracy behind the murder, which has drawn international attention. "It has all been stated in the court verdict," he said.

Munir was a staunch critic of the government and the military's poor human rights records. He was found dead aboard the Garuda flight on Sept. 7, 2004. A Dutch autopsy later found an excessive amount of arsenic in his body.

Kontras fear for witnesses' safety

Jakarta Post - February 17, 2006

Jakarta – Police must protect the witnesses of the 1989 Talangsari massacre from harassment and intimidation, the Commission for Missing Persons and Victims of Violence (Kontras) says.

More than a dozen witnesses of the attack on Talangsari village, Lampung, by Army troops went to Jakarta recently to campaign for justice. More than 200 people are believed to have died in the attack.

Kontras chief Usman Hamid told Antara that the villagers had been subject to intimidation and physical harassment by unknown people ever since their plan to go to Jakarta became known by local authorities.

The intimidation continued after they went home again, he said. "We hope that the villagers will not (continue to be) harassed after raising their plight in Jakarta," Usman said.

The killings occurred when soldiers attacked the village as part of an operation against an Islamic sect the Soeharto government saw as subversive. Official government figures say only 27 villagers were killed but Kontras' figures of identified victims put the death toll at 219.

Munir case will never be solved

Detik.com - February 15, 2006

Iqbal Fadil, Jakarta – The murder of human rights activist Munir will never be solved. This is because the National Intelligence Agency (BIN) and the national police are holding all of the respective facts and will never reveal them.

"I am certain they will never be revealed. The police have a trump card, BIN has a trump hard. So it will simply end like this", said House of Representatives Commission III member from the National Mandate Party fraction, Djoko Edi Abdurrahman, during a break in a Commission III working meeting with the chief of the Criminal Investigation Agency in Jakarta on Tuesday February 14.

According to Abdurrahman, there were no meaningful developments in the case of Munir's death that were conveyed by chief of the Criminal Investigation Agency, Police Commissioner General Makbul Padmanegara. Police are still having difficulties obtaining additional evidence to develop the case.

Even a recording of the phone conversation between Pollycarpus and BIN has yet to be obtained. This is despite the fact that this recording could provide a clue to the identity of the principle actor or mastermind behind the murder. "The response given by the chief of criminal investigation agency is that there has been no progress from earlier findings. [The police are] just running round in circles", complained Abdurrahman.

What is interesting is that all of the members of Commission III – including Abdurrahman – have asked that Pollycarpus, who was jailed for 14 years for the murder, be released immediately. This is because the sentence handed down was only based on the convictions of the judges – not based on the facts revealed during the court hearings.

"If it is [left] like this it will become a bad precedent for the legal system. If [a cases] is not proven and the evidence is not strong enough release [then the defendant]. Better to release 1000 guilty people that to punish one person who is innocent", said Abdurrahman.

Abdurrahman, who is also a member of the Munir case monitoring team, believes that solving the case should not be merely to improve the popularity of President Susilo Bambang Yudhoyono; in order that he be seen as a president that cares about human rights, or that the national police are capable of accomplishing something or judges that are capable of handing down [a just] sentence. "It shouldn't be like that. This legal case concerns the life of person. This need to be corrected", he asserted.

Abdurrahman proposed that the police be more creative and work even harder to find what other possibilities there are for the motive for the murder. Not just be fixated on existing theories and facts. However he is pessimistic that police will do this. "[The police] must look beyond the fried noodles and orange juice glass theory that would make it possible for us to arrive at the actor behind the murder", he said. (ddn)

[Translated by James Balowski.]

Labour issues

Workers set for March 1 strike

Jakarta Post - February 21, 2006

Adianto P. Simamora, Jakarta – Hoping to jump-start stalled negotiations over the minimum monthly wage, thousands of Jakarta's workers are threatening a March 1 strike.

"We have no other option. The city administration has shown no interest in meeting our demand," Odie Hudianto, secretary of the Jakarta chapter of the Independent Workers Association, told The Jakarta Post on Monday.

Hotel, restaurant and supermarket unions are among the groups planning to take part in the action. Odie said workers from the electronics and electrical goods industries, who also are after higher pay, would go on strike at the same time.

"We have the same demand. The tourism sector as well as the electronics and electrical goods industries are among the top contributors to city revenue," He said. "That's why we will ask Governor Sutiyoso to add the two sectors to the list of industries to get a higher provincial minimum wage," he said.

The tourism sector has about 12,123 workers, while the electronics and electrical goods industries have 40,000 workers in total, he said.

Tourism workers initially planned a February strike but delayed the work stoppage until other workers were ready.

Demonstrations across the city are planned, including at the Aryaduta, Grand Hyatt, Nikko and Four Seasons hotels, Taman Anggrek Apartments, the Sogo department store and Plaza Indonesia.

The Association of Railway Workers covering Jakarta, Bogor, Depok, Tangerang and Bekasi is also considering a strike. "But we have not made any decision yet," said executive Iwan Setiawan. The association has 4,664 members. Odie said meetings with representatives of the Jakarta Wage Council, employers, labor unions and the Jakarta Manpower Agency had reached a stalemate.

The chairman of the Federation of Metal Industry Workers, Thamrin Mosii, said workers in the electronics and electrical goods industries were discriminated against as a higher wage of over Rp 1 million a month was awarded to automotive industry workers, even though all three fall under the metal industry category.

"To send a strong message, we will also stage a mass demonstration in the city against the planned power rate increase and the government's draft revision of the Labor Law, which fails to protect workers' rights," Thamrin said.

Job prospects for unemployed bleak as growth slows

Jakarta Post - February 17, 2006

Vincent Lingga, Jakarta – The country's economic growth rose to 5.60 percent last year from 5.13 percent in 2004. While this may seem like good news, there is reason to worry, because expansion in 2005 was lower than the official target of 6 percent.

Quarterly growth rates have steadily declined since the second quarter of last year, meaning grimmer job prospects for the country's estimated 11 million unemployed and the more than 2.5 million new job seekers who enter the labor market annually.

Yet more worrisome in terms of poverty alleviation efforts is the discouraging development of the agricultural sector, which employs more than 50 percent of the total workforce.

The Central Statistics Agency announced Wednesday that growth in terms of gross domestic product contracted 2.18 percent in the last quarter of 2005 from the third quarter, mainly due to negative growth of almost 20 percent in the agricultural sector.

The economy actually performed robustly during the first six months (October 2004 to March 2005) of President Susilo Bambang Yudhoyono's administration, with GDP expanding by 6.65 percent on a yearly basis in the fourth quarter of 2004 and 6.25 percent in the first quarter of 2005.

The quality of growth also increased significantly, with a much stronger foundation as the prime economic movers shifted more to investment and exports. Investment grew by 15 percent during the first quarter, as shown by a robust 40 percent increase in capital goods imports, while exports expanded by 13 percent. However, the quarterly growth pace slackened to around 5.64 percent in the second and third quarters.

The lower-than-estimated growth last year had been widely predicted since last July, after steep increases in global oil prices pressured the rupiah and threatened fiscal sustainability as the government dragged its feet over the exploding fuel subsidy.

Strong inflationary pressure from imports dampened consumer confidence, and when the government finally decided to contain the fuel subsidy by increasing fuel prices by an average of 125 percent last October, the damage already had been done.

Growth prospects this year are no rosier, with personal consumption, which accounted for 65 percent of last year's growth, likely to continue declining, while private investment is expected to begin picking up only in the second semester.

Finance Minister Sri Mulyani Indrawati predicted late last year that GDP growth this year would most likely hover between 5.3 and 5.7 percent, lower than the official target of 6.2 percent, because new investment is expected to pick up only in the second semester.

Since most companies are still struggling with the cost-push inflation caused by the October fuel price increases and their multiplier effect, including the tremendous pressure for higher labor wages, many businesses will likely book smaller taxable income. Many others may even operate in the red.

Despite the tight fiscal condition, the public sector and private consumption are still expected to be the prime movers of growth, at least during the first semester.

The 2006 state budget provides a 20 percent expansion in spending to a total of Rp 645 trillion (US$64.5 billion). On top of that, another Rp 10-15 trillion in public sector investment, carried over from the 2005 budget, will be pumped into the economy.

However, the pump priming should be accompanied by a more concerted anti-inflation drive, otherwise the expansive public sector spending could increase inflation expectations, especially since higher electricity rates are looming.

A persistently high-inflationary environment is certainly inimical to consumer confidence and will make it much more difficult for the central bank to begin easing the credit crunch.

Hence, the urgency in the demand from businesses for the government to accelerate reform measures in such important areas as customs, taxation and basic infrastructure, to cut the costs of doing business and reinvigorate the pace of private investment.

Without more vigorous reform, the growth prospects this year could be even gloomier than last year.

War on terror

Ambon terrorist jailed, supporters run amok

Jakarta Post - February 21, 2006

M. Azis Tunny, Ambon – Chaos broke out Monday after the Ambon District Court sentenced Idi Amin Tabrani Pattimura, aka Ongen Pattimura, to life in prison for masterminding a deadly attack on a karoake bar last year.

After the verdict was announced, dozens of Ongen's supporters began shouting at the judges and rushed toward prosecutors.

The panel of judges, presided over by H. Maenong, sentenced Ongen for masterminding an attack last Feb. 14 on the Villa karaoke bar in Hative Besar village, Teluk Ambong Baguala district, near the provincial capital Ambon. The attack left two people dead and one injured.

Maenong said Ongen violated articles 6 and 14 of the 2003 Terrorism Law, and Article 55 of the Criminal Code. He was found guilty of planning the attack and instructing others to carry out an act of terrorism that left people dead and spread fear among the population.

Fatur Datu Armen, alias, Syamsudin was sentenced to life in prison last week for the same attack. Prosecutors had been seeking death for both men.

Ongen and Fatur did not take part in the attack, which was carried out by seven people, one of whom is still at large. Six of the attackers are currently being tried separately.

After the verdict was announced, Ongen's wife, Ayu Pattimura, who was sitting in the front of the courtroom, had to be restrained by police officers to prevent her from reaching prosecutors.

It took about 20 minutes for police to bring the situation inside the courtroom under control. The judges and prosecutors were escorted from the court by armed officers.

"It would have been better to give him the death sentence. Shoot him now. His family is ready to take his body. You judges and prosecutors were paid to label our son a terrorist," Aima Pattimura, Ongen's aunt, shouted.

After the convict's supporters were removed from the courtroom, several delivered speeches outside the courthouse.

"We are not terrorists. Why were members of the RMS (the South Maluku Republic), which has tried to break away from Indonesia, given lighter sentences than our brother?" Yanti Samalo, one of Ongen's relatives, said.

Some of the convict's supporters claimed outside forces were behind the indictment and verdict. "Where is justice? The verdict against Ongen was politically engineered to increase the position and popularity of certain officials," Ayu Pattimura said.

"Don't think Ambon will be secure with the sentencing of Ongen. The court had treated us unfairly," one of the protesters warned.

The action outside the courthouse caused heavy traffic along Jl. Sultan Hairun and officers were forced to disperse the protesters.

Ridwan Hasan, Ongen's lawyer, said it was unfair to use the Terrorism Law to charge his client because Maluku was a former conflict area.

"Killing and slaughtering, the destruction of houses of worship and kampongs during the conflict was considered ordinary. No one has been sentenced over these incidents, even though we see them as extraordinary events," Ridwan said.

"We feel our client has been treated unfairly and we will appeal. Our client committed the crime to protect the honor of his family," he said.

Women used in new terrorist strategy: Police

Jakarta Post - February 20, 2006

Jakarta – There is increasing evidence women are being used by terrorist groups here to smuggle and receive explosives and weapons, the National Police say.

Five women in two separate cases have been arrested and charged recently with smuggling bomb detonators and explosive materials from Malaysia into Indonesia.

National Police spokesmen Brig. Gen. Anton Bachrul Alam said the women could be playing important roles as couriers and recipients of smuggled materials.

Police detained Salmah, 36, on Feb. 14 in Pare-Pare, South Sulawesi, in connection with the smuggling of 3,000 detonators and 1,736 meters of fuse from Tawau, Malaysia, into Nunukan, East Kalimantan.

Salmah's detention followed the arrest of a man, Raimi, also known as Remi bin Salim, who was found in possession of the detonators.

Raimi told police his job was to deliver the explosives to Salmah. Police found 19 sacks of ammonium nitrate, 597 detonators and eight kilograms of potassium in Salmah's house.

"Salmah was one of the women we were hunting for in connection with the smuggling of the explosive materials five months ago," Anton said Friday. "We are still investigating Salmah's connection with terrorist activities," he added.

In October last year, police in East Kalimantan also arrested four women for attempting to smuggling chemical substances that could be used to make explosives from Malaysia. Two of them, identified only by their initials as "AS" and "WR", were caught on Oct. 13 at the port of Nunukan. The pair had ammonium nitrate and other chemicals that could be used to make bombs.

Three days later, the police arrested two other women – FT and HD – in Nunukan and Pare-Pare respectively, confiscating 212 sacks of ammonium nitrate, 900 detonators and 1,000 meters of fuses. The police have charged the five women with involvement in terrorist activities.

"Our investigations into these two cases show that terrorist groups are likely to be using women to assist them," Anton said. However, he said police were unable to directly connect the women to any bomb attacks in Indonesia.

Fuses and detonators can be easily bought in black markets across the country. All the convicted terrorists and detained suspects involved in the 2002 and 2005 Bali bombings were men.

Local & community issues

Mayor wants drunks, sex workers gone

Jakarta Post - February 17, 2006

Multa Fidrus, Tangerang – Tangerang Mayor Wahidin Halim vowed Thursday to come down hard on anyone stepping out of line because of drink or women.

Two city bylaws came into effect in December prohibiting the sale of alcoholic drinks and prostitution. "Three months is long enough to familiarize residents with the bylaws. Starting March 1, we will take legal action against violators," Wahidin said.

A task force was set up for the purpose of enforcing the bylaws. Over the last three months, it has raided a number of markets, confiscating hundreds of thousands of bottles of alcohol and pornographic VCDs. Traders were given verbal warnings only before their merchandise was seized, with no intermediary stage.

Wahidin said he had passed responsibility over to district and subdistrict heads, giving them full authority to enforce the bylaws. "We are tired of seeing drunks all over town and prostitutes on the streets, night after night. With these bylaws, we hope that our city will be free of liquor and prostitution," he added.

The Tangerang Council endorsed the two bylaws on Nov. 21, 2005. Bylaw No. 7/2005 bans the distribution and the sale of alcoholic drinks, except in three to five-star hotels and designated restaurants for on-the-spot consumption.

Bylaw No. 8/2005 bans people in public places, places visible from the street or in red-light districts from persuading or coercing – either through words or gestures – others into acts of prostitution.

It also bans physical intimacy, hugging and/or kissing between two people of the opposite sex in public places or places visible to the public, such as hotels, restaurants, entertainment centers or red-light districts. Violators of either bylaw could face up to three months' jail or a Rp 15 million fine.

However, activists doubt whether local authorities have the will to enforce the bylaws. "Learning from past experience, many bylaws stirred debate before they were endorsed, but turned into paper tigers after the council passed them," Tangerang Islamic Ukuwah Forum chairman Wahyudi told The Jakarta Post.

He cited a bylaw barring pedicabs and street vendors from city thoroughfares. "Pedicabs still operate freely on all main roads, while street vendors have never left the municipality," said Wahyudi.

Separately, Imron Khamami, coordinator of the Pattiro Advocacy Division, voiced similar doubts over the seriousness of local authorities in enforcing the regulations.

Councillors want 60 million rupiah for rent

Jakarta Post - February 15, 2006

Oyos Saroso H.N., Bandarlampung – Ignoring public criticism, Bandarlampung and West Lampung councillors are moving ahead with proposals to give themselves each a Rp 60 million (US$6,451) housing allowance in their 2006 budgets.

The proposed amount is more than twice the amount allocated for housing allowances in the 2005 budgets. "The increase is unfair. Just think, while councillors are provided with rent money, many street children receive no attention and are subject to arrest," the executive director of the Anticorruption Committee in Lampung, Maya Ferlianty, said Tuesday.

In Bandarlampung's 2005 budget, the council speaker was given a Rp 30 million housing allowance for the year, with Rp 27.5 million allotted for the two deputy speakers. The council's 40 members received Rp 25 million each.

In the proposed 2006 budget, the council speaker would be giving a Rp 60 million housing allowance, with Rp 57 million for each deputy and Rp 54 million for each councillor.

Maya said this "unfair budget" was of great concern to people throughout Lampung province. People, she claimed, believe that the councillors only think about themselves. "Before Idul Fitri, they asked for another bonus. Now they want to set aside even more money for housing." She said even large, luxury houses in Bandarlampung did not cost that much. "For Rp 60 million, you could rent a house with 20 rooms," she said.

The proposal, she said, also came at a bad time, when many people could not afford to buy rice. "The price of rice has reached more than Rp 5,000 per kilogram, but the administration has hardly taken any notice," Maya said.

A political observer from Lampung University, Ari Darmastuti, said the highest yearly rent for a luxury house in Bandarlampung was Rp 30 million, at most. "The (housing allowance) is not proper and too much. Not only is the amount unrealistic, the existence of such an allowance itself is unrealistic since all of the councillors already have houses," Ari said.

The council's budget committee head, Azwar Yakub, said he saw nothing wrong with the housing allowance, despite the current economic conditions. The decision, he said, was consistent with a 2005 government regulation, which states that when the administration cannot provide official houses for councillors they will be given a housing allowance.

The budget committee last week cut several unnecessary budget items, including Rp 91 million to remodel the lavatories in the council building, but left the housing allowance untouched.

In West Lampung, a proposed housing allowance also has been harshly criticized by residents and activists. Ali Rukman, who chairs the Kawokh Bungkok non-governmental organization, said the regency remained isolated and poor, with many children suffering from malnutrition.

"There's no way rent on a house could reach Rp 60 million in this isolated regency. The absolute highest rent is Rp 5 million. Besides, the councillors already own houses and there is just no need for them to be given an exorbitant amount to rent houses," Ali told The Jakarta Post by phone. "As a resident, I can't accept the amount of the housing allowance...," he said.

Kupang students oppose draft budget

Jakarta Post - February 15, 2006

Kupang – Hundreds of students and activists grouped in the Kupang Education and Health Awareness Forum staged protest Monday against the 2006 provincial draft budget, which is slated to be approved Feb. 17.

The protest was organized after the provincial legislature only allocated Rp 43 billion (US$4.3 million) for education and Rp 57 billion for the health sector in the Rp 500 billion budget proposal.

The protesters urged councillors to focus more on education and health, because both are directly related to people's welfare.

"The province has the lowest rate of spending on education and health compared to other provinces in Indonesia. So it is somewhat strange that both these sectors are allocated the least money in the 2006 budget," the protest's coordinator, Veronika Mongkor, said during a meeting with council speaker Melkianus Adoe and other councillors.

"In 2005, 59 children died of malnutrition. More than 470,000 children suffered malnutrition. Where's the support from the government and council members?" she asked.

Environment

Floods and landslides kill 24 in eastern Indonesia

Reuters - February 21, 2006

Jakarta – Landslides and floods triggered by torrential rain have killed at least 24 people in Indonesia's eastern city of Manado, search and rescue officials said on Wednesday.

The disaster occurred on Tuesday in the North Sulawesi provincial capital, where parts of the city were inundated with one-meter (three foot) high floodwaters after hours of rain.

Most of the dead were buried by mud from landslides in hilly parts of the city. "Today we found four bodies so the total is now 24," said Rinaldi, a search and rescue official in Manado, about 2,200 km (1,365 miles) northeast of Jakarta.

Another search and rescue official on the scene in the seaside city said rescuers were still searching for survivors.

Floods and landslides are common in Indonesia, especially during the wet season. Many landslides are caused by illegal logging or the clearing of farmland that strips away natural barriers to such disasters.

Rachmat says Newmont deal no slap in the face

Jakarta Post - February 18, 2006

ID Nugroho, Surabaya – State Minister of the Environment Rachmat Witoelar has defended the government's out-of-court settlement with PT Newmont Minahasa Raya, saying US$30 million was better than no compensation at all.

"If there's someone who's upset about the ruling, why don't they ask the presiding judge (in the original civil suit)? The settlement occurred because the court dismissed our demand. I've suffered because the court trampled on me," he said Friday.

The South Jakarta District Court dismissed in November a civil lawsuit in which the government sought $133 million in compensation for alleged dumping of tailings in Buyat Bay, North Sulawesi, by the gold mining firm.

The company, a subsidiary of US corporation Newmont Mining, has denied allegations it dumped tons of toxic waste into the bay through a submarine tailing disposal system, endangering the health of local residents.

Coordinating Minister for Public Welfare Aburizal Bakrie and Newmont vice president for Indonesia and Australia Robert Galagher signed what was termed a "goodwill" settlement Thursday. The settlement has no bearing on a pending criminal trial of the company's executive director Richard Ness.

The money, which will be disbursed over a 10-year period, will be used to set up an environmental monitoring and assessment program in the region.

Under terms of the deal, the company will transfer an initial payment of $12 million to an escrow account 10 days after the signing. Once the government drops its appeal of the court ruling, the funds will be transferred to a foundation responsible for managing their disbursement to environmental monitoring and community projects.

The South Jakarta District Court, Rachmat said, had asked for an international rehabilitation program for Newmont, which could take at least two years. With the "peaceful" settlement, however, Buyat residents would reap benefits within two months from the implementation of a housing construction program.

"I've pledged that the money will be used to sustain the environment of Buyat Bay. The point is that office of the state minister of the environment is striving to fight for the public and environmental good. It's better than not getting anything at all and being defeated in court."

Rachmat acknowledged that the outcome of the case was a valuable lesson about the importance of revising the current environment law, currently before the House, and giving more authority to the office of the state minister in pollution cases.

Meanwhile, Bruce Gale, an independent political risk analyst in Singapore, told Bloomberg news service that foreign investors "are watching to see whether justice will be done in the criminal case". President Susilo Bambang Yudhoyono has pledged to resolve the Newmont dispute as a way to win more foreign investment through better investor confidence.

"We think the agreement won't satisfy all sides, but this is the best option for us to resolve the dispute for the welfare of the people there," Aburizal Bakrie said Thursday.

Jakarta drops civil suit vs Newmont in pollution row

Reuters - February 16, 2006

Adriana Nina Kusuma, Jakarta – The world's biggest gold miner, Newmont Mining Corp., is paying Indonesia $30 million to settle a civil suit over pollution, but will still face criminal charges in a case closely watched by foreign investors.

Economists said Thursday's settlement could help lift foreign investor sentiment toward Southeast Asia's largest economy, which is rich in gold, copper and oil.

"This is slightly positive for investors' perceptions, especially foreigners, in the sense that it has provided certainty over the case," said Citibank economist Anton Gunawan.

More important, though, are the outcome of the criminal case or a resolution of a dispute between Exxon Mobil Corp. and Indonesia's state oil company over a major new oil field, economists said.

"This is a good sign to show that the government is moving in the right direction," said Standard Chartered economist Fauzi Ichsan. "However I don't think this is a monumental moment."

Newmont had been charged with polluting a bay and causing villagers to fall ill in the eastern Indonesian region of Sulawesi. The company has vigorously denied any wrongdoing and reiterated that position on Thursday.

The deal disappointed environmentalists, who had applauded the criminal and civil cases against Newmont because they think Indonesia has been too soft on polluters.

"It will weaken the government's bargaining power in the criminal process as it shows that the government is powerless if dealing with a big international company," said Siti Maimunah, national coordinator of Jakarta-based mining & environmental watchdog Jatam. "And I see that the settlement is too small. It's nothing compared with the destruction in Buyat."

Newmont, which is expected to rack up $5 billion in revenues this year and has a market value of $25 billion, said it would pay $30 million to settle the case over 10 years. The Environment Ministry had lodged the civil case in 2005, seeking damages of around $133 million. In November, a lower court dismissed the case, but lawyers for the ministry appealed.

"This will not stop the ongoing criminal case," said chief social welfare minister Aburizal Bakrie, adding the government would drop the civil suit after it received proof of transfer of an initial $12 million payment.

Todung Mulya Lubis, a leading commercial and human rights lawyer, said the government should work toward a comprehensive solution. "I understand that the criminal case could not be stopped but the government should help Newmont in solving both the criminal and civil case," he said.

Not walking away

The criminal and civil cases both relate to Newmont Minahasa Raya's disposal of waste from a gold mine near Buyat Bay, 2,200 km (1,400 miles) northeast of Jakarta. The mine opened in 1996 and closed in August 2004 due to depleted reserves. Newmont has said its disposal processes were properly approved by the government.

The deal signed on Thursday covers scientific monitoring and enhanced community development programs in North Sulawesi. The government and the unit will nominate members to an independent scientific panel that will develop and implement a 10-year environmental monitoring and assessment program.

The panel's responsibility would be to make a definitive, scientific conclusion in regard to the condition of Buyat Bay, the statement said. "We are not walking away from Buyat Bay," said Robert Gallagher, Newmont's vice president of Australia and Indonesia Operations.

Prosecutors handling the criminal case allege the waste disposal process involved dumping mercury and arsenic into the bay, making villagers sick as a consequence. In the criminal trial, Newmont Minahasa Raya President Director Richard Ness, from Minnesota, could face a jail term of up to 10 years and be fined around $68,000 if convicted.

A government-commissioned probe and a police study have concluded that the bay was polluted, but several other studies, including one by the World Health Organization and the Indonesian Health Ministry, did not support that charge.

Newmont's operations in Indonesia accounted for 6 percent of its global sales in 2004. The Denver-based company operates Asia's second-largest copper mine, Batu Hijau, on eastern Sumbawa island.

[With additional reporting by Harry Suhartono and Yoga Rusmana.]

Illegal logging crackdown in Java brings 512 arrests

Jakarta Post - February 17, 2006

Tb. Arie Rukmantara and Suherdjoko, Jakarta/Semarang/Makassar – Despite 512 arrests from an ongoing operation to curb illegal logging in Java and the promise of more detentions, an activist says the crackdown will do little to reduce the environmental cost to local communities.

"The number of arrests and the evidence will continue to increase in the near future because we already know their identities," the president of state-owned forestry firm Perhutani, Transtoto Handadari, said Thursday after attending an evaluation meeting of operation Hutan Lestari III at Central Java Police headquarters in Semarang. Transtoto said in Jakarta earlier that as of Tuesday the monthlong operation – launched Jan. 20 and conducted by Perhutani and the National Police – confiscated about 2,500 cubic meters of illegally sourced timber in West, Central and East Java as well as Yogyakarta.

Among those arrested were a senior forestry company official, military personnel, a police officer and several community leaders.

"We want all the criminals convicted in court. As for the company official, we will fire him and also expect that he gets the heaviest punishment from the court." He claimed the operation succeeded in minimizing state losses from illegal logging in forests under his company's control.

"Last year's losses were estimated at Rp 69 billion (US$7.45 million). With the success of this operation, we aim to cut the losses in half." Losses reached Rp 81 billion in 2004 after tumbling from an estimated Rp 218 billion in 2003, he said.

Perhutani manages about 2.5 million hectares of the more than 10 million hectares of forests in Java, from which it produces almost 1 million cubic meters per year.

Despite the crackdown, Elfian Effendi of local non-governmental organization Greenomics said Perhutani should provide a more accurate calculation of state and public losses.

"This kind of operation always announces the amount of money they have saved, but they never reveal the losses that people living in Java have to bear as a consequence of environmental degradation from illegal logging." The calculation should be based on the loss of biodiversity and forest quality due to the deforestation, he added.

His office's latest study showed more than 100,000 hectares of protected forests were lost in Java in the last three years, mostly due to illegal logging.

"We assume that the ecological losses could reach about Rp 8.3 trillion. So the money saved by Perhutani is nothing compared to that number," he said. Several communities in East and Central Java were devastated by flash floods and landslides in January.

Previous operations in Kalimantan and Papua failed to bring any convictions.

Meanwhile, the South Sulawesi Forest Police Task Force impounded two motor boats carrying about 700 cubic meters of illegal timber in Paotere harbor, Makassar. No one has been declared a suspect, but the province's forestry civil investigator, Rempek, said the action was taken because the crews could not show official documentation for their journey to Gresik, East Java.

"Based on Government Regulation No.5/2004, if one of the official documents is not available, then the timber is considered illegal," he said. (With additional reporting from Andi Hajramurni)

Batam residents blame floods on sand mining

Jakarta Post - February 17, 2006

Fadli, Batam – Holding his five-year-old son, Arman stared at a dark-colored pool of water near his house in Batam, Riau Islands province. The pool is a "souvenir" from sand mining in the area.

The mining in Nongsa district not only left dark pools some five meters deep, creating breeding grounds for malaria-carrying mosquitoes, but also increased the risk of flooding in the area.

"The residents around the sand mines have complained to the subdistrict office and police, but there's been no response," Arman, 42, told The Jakarta Post.

He raised fears the pools also threatened the safety of children. In 2004, three children aged between three and seven reportedly drowned while playing in the pools.

"The people who dredge the sand have no intention of covering the pools once they are done mining. We have to watch our children extra carefully because they love to play around (the pools)," said the resident of kampong Teluk Mata Ikan, near Nongsa Beach.

An increase in the number of malaria cases in the area also has been blamed on the pools, with the Nongsa community health center recording about 90 cases of malaria a month.

According to residents, there are dozens of locations in the district where sand mining is carried out by individuals or companies. Residents believe the sand is shipped to Singapore.

Muhammad Yasin, a Nongsa resident, said the sand mining started in 1997 to supply the construction industry in Singapore. "They export (the sand) to Singapore. Because sand mining in the ocean has been stopped, sand on dry land has become the next target. The mining has been really bad for us," Muhammad charged.

He said hundreds of families in Nongsa district had written to different government departments to complain about the mining, but they received no response and the mining has continued.

"During heavy rain, floods become a threat. During the last rains, floodwater entered my house, 10 centimeters high. I've been living here for decades and that's the first time my house has been flooded," he said.

Observations by the Post at one of the mining locations indicated the work was being carried out without a clear plan, causing many trees to be lost and posing a landslide threat to residential areas near the mining site.

There are no records kept on the amount of sand being removed, nor is there a clear policy from the Batam city administration as to whether the work is legal or not.

Aloysius, a worker at one of the sand quarries, said he did not know anything about permits or the company that owned the sand mining area. Aloysius said he worked with about 10 other people, and they were paid Rp 50,000 (US$5) for each truck they filled with sand.

They load about six trucks a day, with each truck having a capacity of five to seven tons. None of the workers, however, were able or willing to give the name of the company they worked for.

Batam Environmental Impact Agency head Mawardi Badar said his office had requested a stop to all sand mining in Batam, especially in Nongsa district. He admitted the mining had been going on for some time.

"We have tried and failed to stop illegal sand mining. We'll look into the matter to see if this work is having a big environmental impact," he said.

Islam/religion

Minorities say no room to maneuver in revised decree

Jakarta Post - February 21, 2006

Hera Diani, Jakarta – A revised version of a controversial ministerial decree on the establishment of places of worship has won grudging acceptance from minority religious groups, who say they have little choice in the matter.

These groups say all they can do is rely on the goodwill of the government in handling the delicate matter of issuing building permits for houses of worship once the decree is passed.

The joint ministerial decree, originally issued in 1969 by the home and religious affairs ministries, requires the consent of local administrations and residents before a place of worship can be built. Under the revised regulation, this basic requirement will be maintained, with several new prerequisites for construction being added.

As part of the new decree, the Communication Forum for Religious Harmony, made up of representatives from the major religions in the country, will be established to provide recommendations to local administrations on new houses of worship and to oversee construction.

The decree sets the minimum number of congregants for a new place of worship at 100, with construction requiring the approval of at least 70 local residents of faiths other than that of the congregation of the proposed house of worship.

Representatives of religious minority groups involved in the revision process said there was not unanimous agreement on the revisions, despite the claims of Religious Affairs Minister M. Maftuh Basyuni.

"Details on legal protection, the composition of the forum and its responsibilities, and other details have yet to be worked out. Even with the minimum number of congregants, it was said to be 90 at our last meeting," said Benny Susetyo, executive secretary of the Bishops Council of Indonesia's Commission for Ecumenical and Interreligious Affairs.

He said that in the revised decree, if the requirement on the minimum number of congregants was met, but a proposed house of worship was unable to secure the approval of residents, the government would be obliged to provide an alternative facility for the congregation.

"But this point has never been made public for some reason. Nor has it been synchronized with other articles. Which of the articles will apply has never been discussed.

"The most important thing for us is legal certainty. Everything must be in accordance with state ideology and the Constitution. If local administrations refuse to grant a permit (for the construction of a house of worship), then they have violated the Constitution," he said.

Weinata Sairin of the Indonesian Communion of Churches said his organization wanted the decree to be more accommodating in approving new places of worship.

The group proposed the minimum number of congregants be put at 60, with the approval of 40 locals of other faiths being sufficient.

"We have yet to reach an agreement. Don't set targets just to ensure the decree is passed. This issue is too big and sensitive to be rushed," he said.

Soedjito Kusumo of the Council of Buddhist Communities said his group had proposed no limit on the number of congregants required for approval.

"But for the sake of religious harmony, we accept the decree. If we are limited in some regions, maybe the regulation will be in our favor in other regions. We believe in good karma and bad karma," he said.

Agus Mantik of the Indonesian Hindu Religious Council said the group was extremely aware of its position as a religious minority, and thus accepted the decree.

"Within a democratic country, there should be regulations. Every party must give up some of their individual rights. It's not the decree that encourages violence against people of other religions, but a weak government that cannot control (hard-line) groups," he said.

Protest outside US Embassy spins out of control

Jakarta Post - February 20, 2006

Jakarta – Hundreds of protesters from the Islam Defenders Front (FPI) attacked the US Embassy on Sunday during a rally accusing Washington of masterminding the controversy about cartoons of Prophet Muhammad to destroy Islam.

The rally began at about 10 a.m., with demonstrators shouting anti-US chants and holding placards, including one with the statement "freedom of expression" above US President George W. Bush depicted as a pig.

However, in what US Ambassador B. Lynn Pascoe later called a "premeditated act of thuggery" to garner media attention, the group – estimated at 400-strong by wire services – began hurling stones and traffic cones at the windows of embassy security posts outside the compound's gates. Others set fire to the US flag and posters of Bush.

Although no injuries were reported, Sunday's protest was one of the most violent here against the publication of cartoons depicting Prophet Muhammad in Denmark last September. They have since been reprinted in many media around the world.

The protesters also demanded the destruction of a relief which they said depicted the Prophet holding a Koran in one hand and a sword in the other at the US Supreme Court.

The sculpture is part of a marble frieze depicting 18 influential lawgivers, including Moses, Confucius and Charlemagne, The Associated Press reported.

Gambir Police chief Comr. Victor Hutabarat admitted the police were taken by surprise by the number of protesters. "They outnumbered the officers deployed to guard the rally. Of course, they won't get away with this. We will conduct an investigation based on damage to property," he said.

Pascoe said in a statement the rally was a deliberate act to draw media attention and affect bilateral relations by attempting to inflame popular opinion. "This sort of thuggery is unacceptable and needs to be treated as what it is. We are confident that their efforts will fail, and we share President Susilo Bambang Yudhoyono's statements and commitment that the cartoon issue should not be used as a wedge between cultures," he said.

In one of the earliest protests here, at least 30 FPI members rallied at the Danish Embassy in Jakarta early this month to demand the embassy apologize for the printing of the cartoons by Jyllands-Posten newspaper. Groups of Muslims in Surabaya also protested in front of the US consulate about the issue, although mainstream US media has not printed the cartoons.

At least 10 members of the Indonesian Mujahidin Council also went to the Danish Embassy and demanded Copenhagen punish anyone involved in making the cartoons or publishing them. Three of the protesters met with the Danish ambassador. The Danish mission has temporarily left the country.

Religious leaders united against Danish cartoons

Jakarta Post - February 20, 2006

Jakarta – Representatives of all major religions in Indonesia joined hands Saturday to condemn the publication of cartoons depicting the Prophet Muhammad. Their united front comes amid concerns that some forces are using the row to set off a wider conflict between Muslims and Christians.

Muslim, Protestant, Roman Catholic, Hindu, Buddhist and Confucian leaders and scholars discussed the issue and arrived at a common stance to send a clear message that the cartoon row should not become a global religious conflict.

"We strongly condemn the publication of the cartoons by Jylland- Posten of Denmark and the subsequent reprinting in some European press," Din Syamsuddin of Muhammadiyah, who initiated the gathering, told a press conference.

"Whether their publication was the result of ignorance about religious sensitivity or was intended to insult Islam, it has disrupted the peaceful and harmonious relations between religions in the world."

Representatives of the foreign media in Jakarta were invited to the dialog to talk about press ethics but none turned up. There was no explanation for their absence.

"We support the free press and we want to uphold freedom of expression, but this freedom should not be used to violate the sensitivity of any religion," said the leader of the country's second largest Muslim organization.

Reactions to the cartoons in Indonesia, which has the world's largest Muslim population, have been strong but not as violent as those in Pakistan and some Middle Eastern countries. There were attempts to attack the Danish Embassy in Jakarta, and the consulate office of the United States in Surabaya, as well as Sunday's unruly demonstration at the US Embassy in Jakarta, but police were largely able to restore order.

Copenhagen, nevertheless, recalled all of its diplomats from Indonesia, citing security concerns.

President Susilo Bambang Yudhoyono has condemned the publication of the cartoons but also noted the expressions of regret by the newspaper and the Danish government.

Azyumardi Azra, rector of Jakarta State Islamic University (UIN), and one of the participants in the discussion, warned of some attempts to turn the row into a conflict between Muslims and Christians, as depicted in the European media.

He noted that the burning of the Danish flag by protesters in many Muslim countries had been depicted in Europe as an attack against symbols of Christianity because the flag bears a white cross.

The cartoons, he said, were part of an atheistic and anticlerical movement in Europe, which had in the past targeted Christian symbols.

"This is not a religious conflict," Azyumardi said, adding: "We in Indonesia have to watch this closely. We have to continue to work to build greater understanding between people of different religions."

Din also cautioned against excessive reactions by Muslims in Indonesia, which he said would only play into the hands of those concocting a global religious war. "This would not only threaten religious life in this country, it would threaten the nation," he said, underscoring the multireligious and multicultural makeup of Indonesia.

During the discussion, some of the participants called for a stronger response, including a boycott of Danish products and the severing of diplomatic ties with Denmark, but most participants were in favor of more measured reactions that would not hurt Indonesia's interests.

The common position announced at the end of the dialog will be presented to representatives of the United Nations and the European Union in Jakarta.

The forum also endorsed Din's plan to organize an international intermedia dialog, bringing editors from Europe, Indonesia as well as representatives of major religions to discuss media ethics and religious sensitivities.

Religious minorities wary of revised decree

Jakarta Post - February 20, 2006

Hera Diani, Jakarta – Although the government has completed the revision of the controversial decree on the establishment of places of worship, Christians are skeptical it will succeed in its aim of improving interfaith relations.

The joint ministerial decree, issued in 1969 by the then home and religious affairs ministers, requires consent of local administrations and residents to build houses of worship. Religious minorities claim the requirement has been used against them in practicing their faith.

The Indonesian Ulema Council (MUI), long an ardent supporter of the decree, welcomed the new version, which is set to be presented to President Susilo Bambang Yudhoyono this week.

The revised version maintains the basic requirement of the original decree, but defines specific prerequisites. It mandates the establishment of the Communication Forum for Religious Harmony (FKUB), consisting of representatives of all religious faiths, to review requests for permits to build places of worship and then provide recommendations to the local government.

The minimum number of congregation members for a proposed house of worship is set at 100, and the plan should be approved by at least 70 local residents of other faiths.

Religious Affairs Minister M. Maftuh Basyuni claimed Friday that "everything has been settled" and there was across-the-board agreement on the revisions. A public awareness campaign about the revisions will begin soon.

Priest Weinata Sairin of the Indonesian Communion of Churches (PGI) said his organization was opposed to the decree because practicing religion was every citizen's basic right and should not involve interference from the state.

"We sincerely hope that the joint ministerial decree would not be hastily passed because it remains just as discriminative," Weinata said Sunday. He said there were issues stipulated in the revised decree which the PGI had yet to agree on. The group proposed that the minimum number of congregation members be set at 60 and the approval of 40 locals of other faiths was sufficient.

Weinata also took issue with the requirement that existing places of worships with no permits – as well as those inside malls, hotels, shop-houses and other public places – secure the permit.

"As for the existing places, why don't we just let them proceed with their activities? And if the owners of the buildings are fine with it, then why should they obtain another permit?"

The communion, he said, appealed to the government to be more considerate because there were many minorities. "Don't reduce the right to worship to a mere regulation. The 1945 Constitution clearly stipulates that the government should protect the citizens' religious freedom," he said.

The secretary-general of the Indonesian Committee on Religion and Peace (ICRP), Theophilus Bela, urged the government to revoke the joint ministerial decree because, he said, it was responsible for attacks against churches.

"The joint ministerial decree is against the Pancasila state ideology and 1945 Constitution, as well as human rights. It isn't just but instead has the potential to tear apart religious harmony and limit people from worshiping," he said.

The Indonesian Bishops Conference refused to comment, saying its members would meet before taking an official stance.

Meanwhile, an official of the MUI, Amidhan, said the joint decree was intended to regulate social interaction. "If we don't limit the places of worship, they will be abundant. There would be competition from different religions or sects, and it would create public disorder," he said.

Within the past year, 23 churches (some sources put the number as high as 35) have been closed down in the West Java capital of Bandung and neighboring areas by Muslim hardline groups. The churches did not have permits as required in the joint decree, but had obtained operational licenses from the West Java Religious Affairs Office.

Data released by ICRP showed that more than 1,000 churches nationwide have been destroyed or vandalized because they failed to meet the requirements of the decree.

FPI drops charges against 'nude' actor

Jakarta Post - February 15, 2006

Jakarta – The Islam Defenders Front (FPI) has dropped its charges against an actor who appeared nude in photographs featured in an exhibition last year at the Bank Indonesia Museum, Central Jakarta.

"Anjasmara (the actor) has approached the FPI to apologize," FPI lawyer Sugito said after filing the request to drop the charges Monday.

He said Anjasmara was not paid for the photos, which he was told were not for public display. Anjasmara said that, though it appeared that way, he was not totally naked in the pictures.

He was charged with religious blasphemy after the FPI said the photos depicted Adam and Eve. FPI head Habib Riziq Shihab said Monday he was ready to testify to lighten the charges against Anjasmara.

However, the FPI will not drop its charges against five other people involved in the photos, including the photographer, the museum's curator and the exhibition organizer. "They have not asked the FPI for forgiveness or shown any goodwill," Sugito said.

Armed forces/defense

Reforming military an uphill battle for new boss

Agence France Presse - February 21, 2006

Jakarta – Transforming Indonesia's tarnished but powerful military into a modern defence force will be an uphill battle, even for its new pro-reform chief who took over this week, analysts say.

Air Marshal Joko Suyanto, who on Monday took over as chief of Indonesia's armed forces, has promised to keep the military out of politics and respect democracy and human rights, but larger forces than he remain at work, they say.

For decades under autocratic former president Suharto the military exerted enormous influence over civil affairs, ran its own sometimes illicit cash-generating businesses and was accused of blatant human rights abuses.

While the military lost its appointed parliamentary seats in 2004 as part of a package of democratic reforms, Australian-based military and politics analyst Bob Lowry warns that it is still an independent animal.

"You have this organism that acts in its own right," he told AFP. "Can the new chief dismantle that? No, he doesn't have the ability to do that. It has to be driven by government," said Lowry.

In particular, he said, the military's network of legal and illegal businesses – from airlines to logging companies – reaches into almost every sector of Southeast Asia's largest economy, and is a rich source of income for individual commanders.

President Susilo Bambang Yudhoyono, himself a former army general, is unlikely to want to deprive the military of its major source of funds, Lowry said. "If the president wants to be re- elected, then he doesn't want to make any more enemies than he has to," he noted.

At best, dismantling the businesses, estimated several years ago as providing up to 70 percent of the military's operational costs, will take at least a decade, says Riza Sihbudi, an analyst from the Indonesian Institute of Sciences. "The problem is, what can provide an alternative source of income for these generals?" said Sihbudi.

That's a difficult question, admits Defence Minister Juwono Sudarsono, who says he needs at least twice the current budget of 2.5 billion dollars to pay his troops properly.

The military's blighted human rights record, which includes allegations that they killed up to a quarter of the population in East Timor and thousands in Papua and Aceh, is one thing likely to improve under Suyanto, Sihbudi said.

But the military will still lobby hard to avoid being dragged before any future human rights tribunal, he warned. "It will be difficult to bring past cases to court, because he (Suyanto) is from the air force, but most of those involved are from the army," said Sihbudi.

The army has traditionally been the most powerful wing of the armed forces. With a peace deal in Aceh and Papua's simmering separatist conflict only sporadically flaring up, rights abuses could be dramatically reduced, especially if the military shifts focus to external threats.

But this is not on the forseeable horizon, Jakarta-based security analyst Ken Conboy told AFP. "Just because peace has broken out in Aceh, they're under no illusions that the current situation will hold," said Conboy, referring to the military's attitude towards last year's peace accord, which ended almost three decades of fighting in the province.

The military does still have valid concerns about the Free Papua Movement (OPM), a small disorganised force in remote eastern Papua, he said, while fighting between Christians and Muslims in Maluku and Sulawesi could erupt again.

"They still need to have a rapid reaction force to deal with other paramilitary forces which are beyond the ability of police patrolling, especially given the terrain: jungle and a harsh topography," Conboy told AFP.

Lowry and Sihbudi however said that the defence ministry should be formulating a new policy based on Indonesia's current peaceful conditions, perhaps looking at how the military could be better used to assist in natural disasters.

But Lowry conceded this was unlikely. "The defence ministry is just a post office for the military," he quipped.

Indonesia has been talking up potential arms purchases in recent months, saying it is considering buying a dozen submarines – up from its current two – before 2024, as well as more Sukhoi fighter jets from Moscow to join its current four.

Rather than flexing its muscles, Indonesia is simply trying to recover after enduring a US military embargo – which ended last year – introduced in reaction to rights abuses in East Timor as well as the 1997 economic crisis.

"They're just filling in gaps, trying to restore the capability that they had before the embargoes were in place," said Lowry.

He said however that neither the defence ministry nor the military appeared to have thought about how Indonesia would face future defence threats. "In terms of military capability, it doesn't have a policy. I don't know how they will cope with long-term reality," Lowry added.

Plan to legalize TNI security business criticized

Jakarta Post - February 21, 2006

Ridwan Max Sijabat, Jakarta – Activist groups united on Monday to oppose the government's plan to "legalize" the military's security business, in which private companies pay soldiers to protect their industries in conflict areas.

Defense Minister Juwono Sudarsono recently said the government was preparing a set of guidelines to regulate the relationship between the Indonesian Military and corporations in security affairs.

Juwono's announcement comes after reports last month that US mining subsidiary PT Freeport Indonesia made direct payments to soldiers to secure its copper and gold mine in Timika, Papua.

An alliance of NGOs said such guidelines would be against the Law on State Defense and the Law on the Indonesian Military (TNI), both which ban the military from receiving funds outside of the state budget.

The alliance includes Propatria – a group of defense and military analysts – Indonesia Corruption Watch, the Commission for Missing Persons and Victims of Violence (Kontras) and other human rights groups – Imparsial, Human Rights Watch and Infid – along with the Forum for the Environment (Walhi).

"Issuing guidelines will mean legalizing the military's income from corporations, making it less professional. It will also mean... security authorities will end up working for corporations rather than carrying out their primary task of defending the state and protecting the people," Kontras spokesman Haris Azhar said.

Chalid Muhammad of Walhi said the guidelines could also help legalize human rights abuses and environmental destruction at mining sites, particularly those in conflict-ridden areas.

"If the government issues the guidelines, human rights abuses and environment destruction will continue and security personnel in the field will prioritize work in corporate security for money," he said.

Harry Supartono, the coordinator of Propatria, said the NGOs would meet the House of Representatives Commission I on defense to seek political support for their opposition to the guidelines.

He hailed a House working committee for its decision to investigate Freeport's transparency in its management of the environment, taxes and revenues. However, the probe should be expanded to investigate Freeport's security dealings, he said.

State Minister for the Environment Rachmat Witoelar last week sent a team to Timika to probe allegations of environmental damage at Freeport's mining site.

PRD agrees with TNI members having the right to vote

Detik.com - February 18, 2006

Ken Yunita, Jakarta – The debate over the question of giving voting rights to the TNI (Indonesian military) and the police continues to provoke discussion. The People's Democratic Party (PRD) agrees with members of the TNI and police participating in the 2009 general elections.

PRD general chairperson Dita Indah Sari says this is in accordance with upholding human rights and there will be no adverse affects if the TNI and police are given the right to vote. Dita even believes that this will actually lead Indonesia in a healthier direction. "This could become a way for members of the TNI and police to [express their] aspirations, providing that it is accompanied by specific conditions", Dita told Detik.com on Saturday February 18.

The conditions meant by Dita are that the TNI's territorial command structure must be dismantled, that a legal basis exists that is clear and comprehensive with sanctions that are enforced, that the law deal with cases of human rights violations by TNI officers and that the function of national defense be gradually be shifted to the people themselves.

With regard to the reactions by those who do not agree with giving voting rights to the TNI and police in 2009 because the TNI is not yet ready, Dita says that this is irrelevant. "If [they're] not ready, it is because many aspects in the reform of the TNI have not yet been carried out, is there any guarantee that in 2014 [they] will be ready? It is precisely this that we can [use] to pressure the TNI to immediately [start] carrying out reform", said Dita.

In order to achieve this, Dita and the PRD plan to hold a hearing with the House of Representatives Commission I on defense. "But it's still just a plan", said Dita in concluding the discussion. (mar)

[Translated by James Balowski.]

Soldiers 'not mature enough' to vote in 2009 elections

Jakarta Post - February 18, 2006

Jakarta – Outgoing Indonesian Military (TNI) chief Gen. Endriartono Sutarto's suggestion that soldiers be allowed to vote in the 2009 elections has caused an outcry among those who fear the military still has too much power.

Arguing the TNI was "mature enough" to vote, Endriartono said denying soldiers the chance to decide on the leadership of the country would "amount to violating (their) human rights". But the general's critics believe the TNI is still far from mature.

"Are they ready to exercise their (voting) rights? I don't think so," legislator Tjahjo Kumolo, who chairs the Indonesia Democratic Party of Struggle faction in the House of Representatives, said Friday.

Tjahjo said soldiers remained highly influenced by the structure of command, meaning they could easily be ordered by their superiors to vote for a certain party, executive or presidential candidate. "Soldiers may be ready to vote but their commanders... are likely to have their own political agenda," he said.

Others in the House agreed. Deputy Speaker Soetardjo Soerjogoeritno and former Army chief Gen. (ret) Tyasno Sudarto told Antara that no TNI member should be involved in politics or given the right to vote.

As the apolitical defender of the state, the military should not be represented in any party, they said.

The head of human rights watchdog Imparsial, Rachland Nashidik, said giving soldiers the right to vote in the next elections, before the TNI was properly reformed, could unduly influence the outcome of the 2009 polls.

"The TNI has yet to finish its reform agenda. Soldiers' votes could possibly be mobilized to support former military members running in the 2009 general elections," he said.

The group's research coordinator, Al Araf, said the military had yet to reform its structure, culture and doctrines. "They are still implementing the territorial command structure, and they have yet to eliminate TNI businesses," he said.

Meanwhile, military expert J. Kristiadi of the Centre for Strategic and International Studies, said he thought allowing soldiers to vote would be a positive step. Kristiadi said the civilian rights of military personnel should not be infringed. People are too paranoid about the idea of giving soldiers here the vote, he said.

"(Most) other big democratic countries, such as the US, Australia and countries in Europe, give their soldiers the right to vote." The election monitoring process is becoming increasingly sophisticated and any attempts by military leaders to force their soldiers to vote in a particular way could be easily detected, he said.

The only election the military has been allowed to vote in took place in 1955 under former president Sukarno. When Soeharto's New Order regime took over, the military was given from 70 to 100 seats in the House in lieu of soldiers' right to vote in elections. This provided the military a space in the political arena, later called its "dual function".

After the reform era began in 1998, the military's seats in the House were gradually eliminated. Under the 2004 Military Law, soldiers are not allowed to run for elected positions, but the law does not prohibit them from voting. The 2003 General Election Law, meanwhile, explicitly banned soldiers from voting in the 2004 general elections.

Military Criminal Code 'needs amending'

Jakarta Post - February 18, 2006

Defense Minister Juwono Sudarsono said Friday that several articles in the Military Criminal Code, mainly pertaining to prosecution of Indonesian Military (TNI) personnel, needed amendment.

"Current practices put a soldier committing a civil crime under (jurisdiction of) a military tribunal, while paragraph 2 of article 65 of the military law clearly stipulates that a military soldier is under a (civilian) district court," he said.

However, in the absence of regulations to implement the 2004 law, the state has been forced to maintain the use of the Military Criminal Code. "Therefore, we need to amend the Military Criminal Code and the military tribunal itself," the minister said.

March to polling stations in 2009, soldiers told

Jakarta Post - February 16, 2006

Tiarma Siboro, Jakarta – Outgoing Indonesian Military (TNI) chief Gen. Endriartono Sutarto, who once fiercely rejected the idea of soldiers voting in general elections, has changed his mind.

Endriartono said he now believed TNI members were "mature enough" to exercise their political rights in elections and said denying them the vote would "amount to violating human rights".

Back in 2004, the Army general argued soldiers "were not mature enough to participate in political events such as general elections". "I believe that our soldiers will remain united despite the (inevitable) differences in their political beliefs," he said after installing Vice Marshal Herman Prayitno as the new Air Force chief.

Herman replaced Marshal Djoko Suyanto on Wednesday during a ceremony at the Halim Perdanakusuma Air Base in East Jakarta. Suyanto on Monday was appointed as the new TNI commander.

Just before the 2004 general election, Endriartono warned soldiers to stay away from polling stations, arguing that TNI personnel lacked the experience to exercise their political rights.

Soldiers were formerly disallowed from voting in the 2004 regional, legislative and presidential elections amid public concerns the military wielded too much political power.

However, with the phasing out of military-held seats in the People's Consultative Assembly and the House of Representatives, legislators and the government are now considering giving soldiers formal voting rights.

"To show our commitment to increasing democracy in this country, we (TNI members) are ready to exercise our political rights in the 2009 general election," Endriartono said.

While installing Djoko Suyanto as TNI commander Monday, President Susilo Bambang Yudhoyono ordered military administrators not to "play in the fires of politics". Instead they should be concentrating on improving the military's professionalism and soldiers' welfare, he said.

Yudhoyono said one fundamental democratic achievement the country had made was excluding the TNI as an institution from practical politics. On Wednesday, senior Golkar Party politician Akbar Tandjung welcomed the military's plan to go to the polls in 2009.

"I think it would be the right time for TNI members to exercise their political rights," he told Antara.

Four conditions must be met before TNI can vote: YLBHI

Detik.com - February 17, 2006

Iqbal Fadil, Jakarta – The Indonesian Legal Aid Foundation (YLBHI) has put forward four preconditions that have to be met before the right to vote is given to members of the TNI (Indonesian military).

This was conveyed by the head of the YLBHI's board of directors, Munarman, in a press conference at the Jakarta LBH offices on Jalan Diponegoro in Jakarta on Friday February 17.

The first condition is the abolition of the security system maintained through the territorial commands (Koter). Secondly, the TNI must be fully under the control of the political executive and civilian supremacy.

Third, the TNI must rely fully on funding from the state budget, not from TNI businesses. Fourth, equality before the law, so that violations against criminal law committed by TNI members must be deal under the public justice system.

"The worst implication if these preconditions have yet to be implemented is that the TNI will use its forces to influence the public in voting for certain candidates or political parties. To this day the TNI's political influence remains strong", he asserted.

The other concern is if TNI leaders and commanders have different political affiliations. This could of course could influence their subordinates.

At present there are two view on the issue of giving the TNI the right to vote. The first is that the TNI's forces will be used by the current political authorities as a means to ensure victory for their party. Secondly, the use of voting rights could indicate the TNI's return to political life.

"But if these preconditions can be met before [the general elections in] 2009, go ahead use right to vote", explained Munarman. (san)

[Translated by James Balowski.]

Imparsial opposes giving TNI voting rights in 2009

Tempo Interactive - February 16, 2006

Maruli Ferdinand, Jakarta – The Indonesian Human Rights Monitor (Imparsial) opposes the Indonesian military (TNI) being given the right to vote in the 2009 general elections. The problem is that the TNI has yet to complete its agenda of reform.

The executive director of Imparsial, Rachland Nashidik, made these remarks on Thursday February 16 in Jakarta. The reform agenda he was referring to concerns reform of the TNI's structure, culture and doctrine. "Aside from this there are political motives behind giving voting rights to the TNI", Nashidik added.

Imparsial actually accepts the voting rights of TNI soldiers and believes that the restoration of their political rights represents an essential part in the development of democracy. However the provision of these rights requires serious and careful consideration. "They must learn to have democracy before it can be justified [for them] to use this right (the right to vote)", he said. According to Nashidik the TNI have not known the right to vote for more than 30 years.

Nashidik is certain that the restoration of the TNI's right to vote can be carried out after "The majority of the TNI's agenda items of reform towards a professional military have been achieved". Nashidik added that at present it is still difficult to assess the independence of TNI soldiers. He is concerned that the provision of these rights are only in order to ensure the victory of a particular candidate in the 2009 elections rather than an essential endorsement to build democracy.

Nashidik said that be believes that the government must have the political will to carry out internal reform of the TNI. To date however this will has yet to be visible. "The law on the election of regional heads for example, the TNI are allowed to vote, [they] shouldn't have been allowed to before [these reforms are completed]", said Nashidik.

Imparsial also opposes the TNI's right to vote being discussed in the draft law on general elections that is being deliberated by the legislator. "Because there are also political games taking place there", he said.

[Translated by James Balowski.]

Business & investment

New policy package reaches out to investors

Jakarta Post - February 18, 2006

Urip Hudiono, Jakarta – The government has prepared a package of 153 policy actions for this year to encourage private investment in the much-needed development of infrastructure to support higher economic growth.

Coordinating Minister for the Economy Boediono said Friday the policies would mainly consist of improving related regulations, simplifying licensing procedures and providing several facilities to better implement infrastructure projects, as well as support their financing needs.

The policies will concern 10 main infrastructure sectors: roads, railways, power, oil and gas, telecommunications, housing, water and sanitation, air, water and land transportation.

"This infrastructure policy package is part of the government's larger strategy to improve the investment climate, address investor concerns and attract as much private participation as possible in the development of infrastructure, which is needed for higher and more sustainable economic growth," Boediono said.

The package is particularly urgent, he added, because the condition of many of the country's roads, ports and power plants deteriorated after the 1997-1998 Asian financial crisis, hampering investment and growth.

The government is projecting 6.6 percent average growth between 2005-2009. The economy only grew 5.6 percent from a 6 percent target in 2005, with private consumption and investments slowing down amid last year's economic turmoil of high inflation and interest rates.

Indonesia needs as much as Rp 1.3 quadrillion (about US$139 billion) between 2005-2009 to improve its infrastructure, of which the government can only cover 20 percent and hopes the rest will be sourced from private investors.

The government undertook a similar package of 50 policy actions last year to attract infrastructure investments, including issuing a presidential regulation on land acquisition for public use.

Acknowledging that the regulation had yet to be effective, Boediono mentioned its revision as part of the policy actions to improve 33 related regulations, the administrative and permit process, as well as five regional laws.

The government will also establish a risk management unit under the finance minister, and a public-private partnership center under the National Development Planning Agency (Bappenas).

Finance Minister Sri Mulyani Indrawati expects the unit to prepare various risk-coverage schemes for infrastructure investment projects by June.

The center, meanwhile, will assist ministries in drafting related policies, preparing project bids, contracts and transactions, as well as in their monitoring.

"The center will study various partnership models to prevent the repeat of past experience, where the government had to pay penalties due to projects failing to be realized," Boediono said.

"What we want are public-private partnerships that are fair to both parties. The most important aspect now is to reduce financing costs, for example, how to lower interest rates, by working together with the central bank in containing inflation."

IMF wants to give top priority to tax, labor reforms

Agence France Presse - February 17, 2006

Washington – Indonesia must give immediate priority to completing tax, labour and other key reforms aimed at drawing investments crucial to boosting economic growth, a senior IMF official said.

Daniel Citrin, deputy director of the Washington-based International Monetary Fund's Asia and Pacific Department, said that with consistent policy implemention, Indonesian economic growth prospects were "good and things will pick up quite rapidly.

"There are still issues that affect the investment climate and that's the main priority," Citrin told AFP on Thursday after addressing the US-Indonesia Society in Washington.

Asked what were the near term priorities for Southeast Asia's biggest economy, he said "completing" the tax reform agenda and new investment laws, already in the final stages of preparation.

"It has to continue to make strides in simplying the tax system and making it a fair system and dealing with corruption and having good labour laws and have a right balance between protecting labour but at the same time not making it impossible for businesses to operate there," he said.

Citrin, who has been working on Indonesia since 2001, said the government required a "good structure of spending so that they can concentrate on improving infrastructure, supporting education and social welfare amid consistent application of policies."

Rampant corruption in Indonesia – one of the world's worst-rated in terms of graft – has been cited as a main deterrent of much- needed investment in Southeast Asia's largest economy.

Despite graft and other concerns, foreign investment in Indonesia nearly doubled in 2005 to 8.91 billion dollars while approvals jumped by almost one third amid improved political stability, the government said recently.

Citrin said another priority for President Susilo Bambang Yudhoyono's administration was breaking a four-year deadlock between state oil company Pertamina and Exxon Mobil on who operates Indonesia's biggest untapped oil reserves in Cepu.

The oil field, which could add about 18 percent to Indonesia's production, is OPEC-member Indonesia's best hope for stemming declining output.

"I think they need to solve the problem with Exxon Mobil quickly... this has been dragging on for a long time," Citrin said. "Some of the needed policy changes will require some strong political will and you need to bring along all the parties together, it's not always easy, it needs strong leadership by the government and the president," he said.

On economic growth prospects, Citrin said there were "quite positive" and noted that in the short term, there would be some softening in expansion but "this is unavoidable result of some policy changes.

The Indonesian economy expanded 5.6 percent in 2005, under the official government forecast as fuel price hikes ate into the economy. In 2004, growth was at 5.05 percent.

Economy grew 5.6% in 2005 amid slowdown

Jakarta Post - February 16, 2006

Jakarta – The economy expanded 5.6 percent last year, higher than 2004, with increased government spending compensating for sagging private consumption and investment hit by the rise in inflation and interest rates, the Central Statistics Agency (BPS) says.

Grimmer prospects may lie ahead, however, as BPS data released Wednesday showed quarterly growth continued on a downward trend for the fifth consecutive quarter.

The agency said Indonesia's gross domestic product (GDP) contracted 2.18 percent during 2005's fourth quarter from the previous quarter, but grew 4.9 percent from the same period in 2004.

The declining trend in quarterly growth started in the fourth quarter of 2004, when the economy grew 6.65 percent. Growth slowed down to 6.25 percent in the first quarter in 2005, and 5.63 percent in the second and third quarters. The economy expanded by a revised 5.05 percent in 2004. It suffered a 13.2 percent contraction in 1998 following the crisis, resulting in surging unemployment and poverty, before returning to the black with 0.23 percent growth in 1999, and steadily improving afterwards.

Agency chief Choiril Maksum said the quarterly growth decline was mainly due to a postharvest production drop in the agriculture sector, while the full-year growth was affected by such external factors as surging oil prices and a global trade slowdown. Domestic factors at play included last year's fuel price hike and rising interest rates.

Last year was tumultuous for the economy, with soaring oil prices battering the rupiah and jeopardizing fiscal stability, with the government forced to hike fuel prices in March and October.

It pushed up inflation, compelling Bank Indonesia to increase its benchmark interest rate from 8.5 percent to 12.75 percent last July to help support the rupiah and contain inflation.

The devastating combination of inflation and high interest rates blindsided the country's consumption-driven economy. Although private consumption remained the economy's backbone, still making up of 65 percent of GDP, its growth last year slowed down to only 3.95 percent from 4.94 percent in 2004.

Investments also took a blow, with its growth and contribution dropping to 9.93 percent and 21.97 percent respectively, from 15.71 percent and 20.44 percent in 2004. Import growth declined to 12.35 percent from 24.95, while exports inched up to 8.47 percent from 8.6 percent.

Increased government spending helped make up the slack, surging to 8.06 percent from 1.95 percent.

In response to the figures, Finance Minister Sri Mulyani Indrawati said last year's fourth quarter growth was relatively satisfying compared to other countries. She said a slowdown in private investment during the first quarter of the year could be compensated by the higher-than-expected growth in consumption.

The government is expecting growth of 6.2 percent for this year, with the central bank forecasting from 5.0 to 5.7 percent.

Citibank chief economist Anton Gunawan said growth may remain slow in the first quarter, and only begin picking up by the second half of the year.

Opinion & analysis

Condemning pornography easier than dealing with corruption

Jakarta Post - February 18, 2006

Soeryo Winoto, Jakarta – "He who knows not that he knows not is a fool, shun him!" That's the old saying for ignorant people who are not aware of their ignorance, but instead believe they are smart.

The House of Representatives might want to consider this saying as a House special committee deliberates the controversial pornography bill. Echoes of what the lawmakers believe is an effort to save the nation from moral catastrophe have also been heard at National Police Headquarters. Police have been deployed to conduct street raids against the sellers of "pornographic" magazines, VCDs and DVDs.

It is obvious the legislature's discussions of the bill have not been well thought out. It all began with a certain group of emotional and interested people, who have yet to be able to define what pornography actually is.

The articles on pornography in the Criminal Code have yet to be properly enforced. The Criminal Code is actually strong enough to curb the spread of obscenity among the public. In 1984, several photo models got four months in jail each for posing in an erotic calendar, while the photographer got six months in jail for violating Article 282 of the Criminal Code.

In 2001, model Sophia Latjuba was questioned at National Police Headquarters after pictures of her were published that the police considered "seductive". Latjuba was released without further legal action being taken, while the editor of the local magazine which ran the pictures was left untouched.

Now, actor Anjasmara has been named a suspect for posing in what the police call improper photos, which were featured at an art exhibition in Jakarta last September. Those responsible for the photos claim the pictures of Anjasmara and female model Isabel Yahya are works of art, not pornography, while law enforcers seem convinced Anjasmara violated the laws on pornography.

All of this indicates the Criminal Code is forceful enough to deal with pornography, the definition of which remains absurd.

Then why is the House determined to pass a new law on pornography? Amid the absurdity and uncertainty over the definition of pornography, several non-governmental organizations dealing with women's affairs have staged protests against the deliberation of the bill on pornography.

The groups have criticized the House for wasting money and energy discussing the bill, which they claim ignores women's sexual rights. The draft bill explains that what is meant by "sensual" parts of the body includes women's genitals, thighs, hips, buttocks, navels and breasts.

The bill focuses on the female body, meaning that a woman's body is misinterpreted as something that disturbs morality. It is unclear if the commission dealing with the bill is dominated by men who are easily lured by the beauty of women.

The women's groups also said the House was turning a blind eye to the reality of poverty, which – to some extent – has forced women into prostitution and the porn industry.

The fact that the draft bill contains exceptions to what the House describes as pornography means the pornography law will be ambiguous and that its enforcement will be preposterous. There will be debates over what law enforcers deem pornographic. Some ethnic groups also worry that what they consider art and part of their tradition will be condemned by the authorities as indecent.

The Balinese have reportedly protested the pornography bill because it is feared the law will affect tourism. Kuta Beach in Bali is well-known for its topless foreign sunbathers.

While – honestly – nobody in Indonesia is able to precisely define what the House and law enforcers mean by pornography, there is a lot of speculation as to why the House and the police are so insistent on the need for a pornography law when the Criminal Code would seem sufficient.

First, for certain idealistic individuals and groups, efforts to get the pornography bill through the House is probably motivated by larger political interests camouflaged as religious concern.

Second, pornography is the safest evil for people to condemn. Corruption is more damaging than what many Indonesians are defining as pornography. And corruption is present at all levels of our society, involving people from all educational and religious backgrounds.

[The author is a staff writer at The Jakarta Post.]

TNI: Toothless, ruthless and hard to reform

The Economist - February 18, 2006

The installation this week of Marshal Djoko Suyanto, previously chief of the air force, as head of Indonesia's armed forces made front-page news. The armed forces formally withdrew from politics only in 2004, when they gave up their reserved seats in parliament, bringing to an end dwi fungsi, their dual political and military function. In parliament or out, their commander remains one of the most powerful people in the country.

But the marshal faces tough challenges. Blighted by prolonged western arms embargoes and poor financial management, the 380,000-strong armed forces have "no deterrent capability", in the opinion of the country's own defence minister, Juwono Sudarsono. Only 65 of the navy's 121 ships and half of the air force's 114 aircraft are operational, while most of the army's 100-odd battalions are under-strength, under-equipped and under- trained.

The good news is that the military's workload is decreasing. Indonesia's two main security threats, terrorism and crime, are steadily becoming the police's domain, and now that Aceh is on the road to peace the only separatist movement, in Papua, poses no significant challenge. Communal conflict in Sulawesi is still a problem, but does not tie up sizeable resources.

One consequence of the armed forces' weakness, say government ministers, is that the state loses some $22 billion a year through smuggling, illegal logging, piracy and other crimes. President Susilo Bambang Yudhoyono has said that he wants to reduce these losses by strengthening the navy and air force. But Marshal Suyanto will have to tread carefully. The army is unlikely to be happy at an air-force man plundering its resources.

Other sensitive missions lie ahead. Widespread doubts about civilian competence mean there will probably be strong opposition to plans to bring the armed forces wholly under the control of the defence ministry's politicians. For the present, the generals still enjoy independence over operational matters.

Then there is the armed forces' penchant for extra-curricular activity. Driven by a combination of tempting opportunities and dire pay – even a major-general's monthly salary is just $260 – some servicemen engage in crime, moonlight in business or demand payment from companies in return for protecting their assets. This latter practice is currently under scrutiny following allegations that an American firm, Freeport-McMoRan, paid millions of dollars to individual officers to protect its copper and gold mine in separatist-ravaged Papua. Freeport denies the claims.

Regulating the businesses that provide a sizeable chunk of the armed forces' budget will be another headache for Marshal Suyanto. Of the 219 companies, foundations and co-operatives the armed forces admit to owning, only six have been assessed as commercially viable. By law, the military must cede control of all of them by 2009. But what is a business?

Marshal Suyanto, for instance, is opposed to dissolving the co- operatives, which he claims do much for troop welfare. There are no clear procedures for selling the businesses, or about who keeps the proceeds. Hard pounding indeed for the marshal.

Selling the megalopolitan

Jakarta Post Editorial - February 18, 2006

Jakarta Governor Sutiyoso has become obsessed with the idea that the megalopolitan concept of development is the answer to the capital's numerous long-standing problems.

Overpopulation, deteriorating infrastructure, environmental problems and unemployment are the main problems Sutiyoso hopes to address with the megalopolitan, a concept first raised by Jakarta governor Sudiro in 1954 and again brought up by another former governor, Ali Sadikin, during a recent hearing with the House of Representatives.

The megalopolitan concept would see the incorporation of Bogor, Depok, Tangerang, Bekasi, Cianjur and Jakarta under one administration. However, there is still no blueprint for this grand concept, and it remains unclear whether the resulting megalopolitan would be administered by a governor or a minister.

What is clear is that Jakarta cannot handle its problems without the help of neighboring administrations. In the 1980s, the Jakarta administration made an effort to embrace neighboring Bogor, Tangerang and Bekasi regencies, which were then part of West Java province. The concept was called Jabotabek.

To synchronize development plans among Jakarta, Bogor, Tangerang and Bekasi, a special agency, the Jabotabek Development Coordinating Body, was set up to coordinate, monitor and control development in the areas. In reality, each of the areas in this supposedly integrated group had its own development plans, based on its own interests and concerns. Selfishness was the major reason the spirit of cooperation never developed.

The most visible results of this failure are the damaged roads, which have been left unrepaired for years, in the border areas between Jakarta, Bogor, Tangerang and Bekasi. The road linking Kebayoran Lama in South Jakarta to Ciputat in West Java, via Rempoa, is a good example of the tug-of-war between the West Java and Jakarta administrations. And the ultimate victims in this game are the taxpayers.

Another example of the failure to cooperate concerns the problem of trash. With the capital producing an overwhelming amount of garbage each day, the Jakarta administration has been frustrated in its efforts to find an appropriate place to dump the trash. The residents and administrations of Bogor and Bekasi have refused to take any more of Jakarta's garbage.

It is apparent that glittering Jakarta, which appears exotic, fascinating and arrogant to other regions, is unable to solve its own problems.

Given this, the integrated development plan of the megalopolitan concept makes sense for the capital. An integrated spatial plan should be the main concern for Jakarta, Tangerang, Bekasi, Bogor, Depok and Cianjur, the last four of which are under the West Java administration. These areas in West Java, with their natural vegetation and forests, have long served as water catchment areas for Jakarta.

However, local authorities have never had a problem issuing permits for buildings in these areas. While the buildings have benefited West Java financially, they have endangered Jakarta's water supply. Ironically, many of the buildings belong to residents of the capital.

Learning from the failures of the Jabotabek concept, the Jakarta administration must be aware that fostering a spirit of cooperation among neighboring administrations is not easy, and more must be done to trumpet the advantages of the megalopolitan. Governor Sutiyoso has started to sell the concept, but, unfortunately, he has not yet been able to assure the neighboring administrations the idea would benefit all, not just Jakarta.

There is some vocal resistance that must be overcome. The head of the Bogor council, Rachmat Yassin, said the area would be better off transforming itself into a new province than incorporating with Jakarta as part of a megalopolitan.

So, despite the urgent need, Sutiyoso still has a very long way to go to see his megalopolitan dream become reality, as he must deal with neighboring administrations who continue to harbor suspicions of the scheme. This is understandable given that Jakarta, which should serve as a model for other provinces, has so completely failed to resolve its own problems in nearly every sector.

The megalopolitan idea is a test case for the ability of Sutiyoso's administration to promote cooperation with other administrations. If Sutiyoso fails to overcome the suspicions and deliver a workable blueprint for the megalopolitan, the concept may have to remain in the drawer until Sutiyoso's term ends in 2007.

Don't get sick

Jakarta Post Editorial - February 16, 2006

Overprescribed and overpriced. Tuesday's special report on medicines cast some light on one of the country's health care management failings, detailing how as consumers, Indonesians are at the mercy of unscrupulous doctors and drug companies. Competition to sell medicines in the loosely regulated industry means doctors regularly medicate patients up to the eyeballs with drugs they do not need, at prices they need even less.

Health, as we know, is a life-and-death matter, and most consumers here have only two options: Pay for the drugs or leave them and get sick, and maybe even die. And if they cannot pay, they have no options at all.

Then there are the increasingly reported cases of medical misadventures in the operating theater. Grisly stories abound of bungled operations – of surgeon's tools sewn up in bodies, of ghastly anesthetic fires on the operating table – so it is no wonder that Indonesians with the wherewithal generally choose to go abroad for their medical care. The others, who are less well- off, often prefer to put their trust in cheaper – but not necessarily safer – alternative or traditional therapies.

Theoretically, the government provides free or highly subsidized medications for those who cannot afford to pay their bills. However, in reality, people expect little from the health care system – and their low expectations are often met.

There is a general feeling that doctors here are too busy to listen to their patients. To earn more money, doctors often work at several hospitals at once, and most are untrained in the public relations of health care.

Health consumers, however, are getting more educated – as can be seen in the increase in medical malpractice lawsuits against hospitals and doctors. However, like in other sectors, consumers here are still in a weak position, especially compared to those in developed Western countries.

Tuesday's report only strengthens public suspicions that drug manufacturers and doctors are conspiring for profit at the expense of consumers, who are pushed into buying unnecessary drugs at rip-off prices.

Industry professionals and health workers have long privately acknowledged that doctors who prescribed certain amounts of certain drugs would receive "gifts" from the drug producers.

This is one of the reasons why many doctors are reluctant to prescribe generic drugs, which are much cheaper and just as effective as the patented ones.

Influenced by drug companies' packaging and advertising, many people also prefer to buy the more expensive medicines – for reasons of status, perhaps, or because of the wrongheaded view that the patented drugs are better.

The Health Ministry and the Food and Drug Monitoring Agency (BPOM) are the two state institutions primarily responsible for the nation's health.

If they do not begin cooperating properly, most people here will never have access to safe, affordable and effective medical care.

Unfortunately, these agencies are far from working together – they are currently engaged in very public mudslinging – each accusing the other of incompetence. It would be heartening if this conflict stemmed from a sincere desire to improve the nation's welfare but, alas, it is seems to be more about venal rent seeking.

The Health Ministry is keen to regain control of the BPOM, which has been under the presidential office's control during the past few years, after being a directorate in the ministry for decades.

Monitoring and regulating food and drugs is, of course, a big- money industry – and it is unsurprising that the ministry would like this function back.

Although a proud agency chief, Sampurno, has claimed the World Health Organization ranks the BPOM as the world's fourth-best food and drug monitoring agency, he should also be humble enough to concede that he cannot guarantee there is no graft in his office.

For, if the agency is so great, why is there not more monitoring of the marketing and sales of medicines? And, as the recent formaldehyde food scandal shows, whatever the WHO ranking, the agency had long done little to enforce food safety standards in local markets.

We can only hope that the government and the House of Representatives will continue to create regulations and laws that protect consumers. However, the root of our problems too often lie not in an absence of laws, but in a failure to enforce them.

Until this changes, perhaps all medical clinics and hospitals should carry this warning notice: Don't get sick!