News & issues

Police chief criticized over logging case closure

Jakarta Post - December 27, 2008

Erwida Maulia,, Jakarta – Police came under fire Friday from lawmakers and activists for their decision to drop an investigation into 13 forestry companies accused of illegal logging activities in Riau province.

Legislators said they would seek support from the House of Representatives to summon National Police chief Gen. Bambang Hendarso Danuri to clarify the heavily-criticized decision.

Alvin Lie, a member of the House's energy, mining and environment commission, said his faction would coordinate with both the forestry and legal affairs commissions, also at the national legislature, to develop the plan.

"This is a setback for the police force. This case has occurred while the country is in the middle of focusing efforts on combating illegal logging," he said to Tempointeraktif.com news portal.

Alvin, a senior politician from the National Mandate Party (PAN), said this was a major illegal logging case for police to be dropping.

"We will ask for transparency in handling the case and also for the police to take responsibility for it. If there is something wrong (during the investigation), we will demand the police reverse their decision."

Similar criticisms were lodged by fellow lawmakers Suswono, deputy head of the House's forestry commission and Patrialis Akbar, a member of the House's legal affairs commission.

Suswono said his commission would demand police fulfill their promise to combat widespread illegal logging in the country.

Patrialis said there was a plan to clarify the issue in a hearing with the National Police chief after the House ends its recess on Jan. 19.

On Monday, police in Riau issued a Letter of Order to Stop Investigation (SP3) into 13 out of 14 companies whose alleged logging activities had affected around two million cubic meters of forest across the province last year.

The companies are all affiliated with the pulp and paper firms PT Riau Andalan Pulp and Paper (RAPP) and PT Indah Kiat Pulp and Paper (KIPP).

Riau Police chief Brig. Gen. Hadiatmoko said the SP3 was issued because according to Forestry Ministry expert witnesses, the accused companies had permits from the government that allowed them to carry out the logging activities.

Forestry Minister Malam Sambat Kaban said his office respected the police's decision to drop the investigation, confirming that the firms in question had obtained forestry licenses from the government.

At a joint press conference Friday, several NGOs, including Indonesia Corruption Watch (ICW) and leading environmental watchdog Walhi, said there was a "conspiracy" behind the issuing of the SP3.

ICW's Febri Diansyah said putting a stop to the investigation set a "bad precedence" in the nation's fight against illegal logging.

"The SP3 issuance is proof that the government is encouraging forest destruction with its (poor) policy on illegal logging. It has also made the legal and trial processes a safe haven for environmental criminals," he said.

Febri said the argument put forward by Riau police that there was sufficient evidence of legal flaws in the case was "baseless and bias".

The NGOs demanded that National Police chief Bambang Hendarso Danuri take action against Riau police over the handling of the case.

Raids on prostitution merely 'income source for officials'

Jakarta Post - December 26, 2008

Agnes Winarti, Bekasi – The 2004 ruling against prostitution in Bekasi may have noble intentions but only targets sex workers while allowing pimps and clients get away. An official in Bekasi responsible for combating the sex trade said the measure had still been effective in wiping out the "social disease" of prostitution.

"There can't be smoke without fire. Our job is to extinguish that fire," head of administration affairs of public order officials (Satpol PP) at the Bekasi municipality office, Aom Djamhur, told The Jakarta Post.

"We have always targeted prostitutes in our raids because in our opinion they are the origin of this social disease," he said.

Sex workers caught in raids, mostly female, are brought to three social rehabilitation centers in East Jakarta, Sukabumi and Cirebon which are managed by the Social Affairs Ministry.

The centers run classes in sewing and beauty styling for around three to four months so those involved in the sex trade can increase skills and widen their employment opportunities. "Our main goal is to discourage them from returning to prostitution," he said.

While supporting the idea behind the programs, Aom could not definitively say whether or not they were effective in combating prostitution from recurring in particular areas.

"We have no real evaluation process with the centers. After we take prostitutes there, it is their (the centers') business, not ours anymore. What's important is we have cleaned up our area," he said.

However, chairwoman of local NGO Bandung Wangi and an advocate for sex workers in East Jakarta for almost a decade, Anna Sulikah, said whenever a raid was conducted sex workers only had to pay police between Rp 200,000 and Rp 500,000 to be released from detention. "It is common practice everywhere," Anna said.

"If the worker fails to pay the sum at the police station, they are brought to rehab centers in Cipayung and Pasar Rebo in East Jakarta or Kedoya in West Jakarta. At the centers, there are brokers who can pay around Rp 1 million to get a worker out and back on the street," she said. "The raids are nothing more than an income source for public order officers."

Last month, the public order office recorded there were 82 sex workers in South, West and East Bekasi. In the same area there are officially 95 stalls offering food and sex workers, locally known as warung remang or dim-lighted stalls, and around 300 massage parlors and karaoke spots, also key spots for the sex trade.

Aom said the figures were lower than in previous months, when up to 200 sex workers were recorded by the office.

Rustandi, a public order official, said the office rarely caught the pimps or clients because "we conduct raids on the streets, not in the hotels or wherever they have (sexual transactions). "Besides, the clients are not mentioned in the (2004) ordinance on prostitution," he said.

Article 2 of the ordinance states that both the sex worker and those offering the facilities for prostitution, namely pimps, should receive a maximum penalty of three months imprisonment and a maximum fine of Rp 5 million. There is no specific mention of clients warranting punishment. "Prostitutes usually say they operate individually, and we believe that," said Rustandi.

Article 296 of the Criminal Code stipulates the penalties "for those who because of their profession or habit, facilitate indecent acts...", and Article 506 outlines the terms for those facilitating clientele for sexual transactions, but once more there is no reference to clients.

The light penalties stated in the Criminal Code, inherited from Dutch colonial rule, have prompted advocates of state sanctioned laws on morality to call for greater measures against prostitution and other morally related acts such as the porn law.

Actions, demos, protests...

Hundreds of students in Banten stage protest against Israel

Jakarta Post - December 29, 2008

Jakarta – About 200 students and members of Muslim organizations staged a rally in front of the Sultan Ageng Tirtayasa University in Serang, Banten, on Monday to protest Israel's recent air strikes in Gaza.

"We're deeply concerned. Israel has launched an inhumane act at a time when others are supposed to be celebrating the new year," said Sjaeful Akbar, the rally coordinator adding the event was held partly to prepare for further rallies in Jakarta.

"We're planning on joining fellow protesters in Jakarta," the college student said, as quoted by tempointeraktif.com.

Akbar said he planned to coordinate the Banten student rallies with efforts by other students in Jakarta, Bekasi, Bogor and Tangerang. After rallying in Banten, the group of protesters will be heading to Jakarta.

Sjaeful said the government should immediately step up measures to assist the Palestinians. "They need to start sending medicine and medics there." (amr)

Students block rector office

Jakarta Post - December 24, 2008

Purwokerto – Hundreds of students at Jenderal Soedirman University (Unsoed) in Purwokerto, Central Java, staged a rally and blocked the rectorate building on Tuesday, demanding the rector cancel the recently introduced Association of Students Parents (POM) payment.

They said the payment was illegal and unjustly burdened students' parents. "Stop any kind of illegal payment and stop any kind of education commercialization on our campus," Feby, the coordinator of the rally, shouted.

Emi, a student of communications, disclosed that the university requested her to make POM payment, asking her parents to pay Rp 10 million (US$950), just days after she was accepted as a Unsoed student.

"If we do not pay it, the university will not allow us to join lectures. That's why my parents paid it," Emi told The Jakarta Post at the rally.

Another student, Tanti, revealed a similar experience. She was asked by the university to make a POM payment of Rp 15 million. The amount of the payment is determined by the university and depends on the students' year and the faculty.

"It ranges between Rp 5 million at up to more than Rp 100 million," Tanti said.

Aceh

Of death and destruction: Tsunami recalled

Jakarta Post - December 27, 2008

Hotli Simanjuntak – Thousands of Aceh residents held communal prayers in places of worship across the province on Friday as they honored the victims of the devastating 2004 tsunami that claimed hundreds of thousands of lives.

In Banda Aceh, prayers were held at Mesjid Raya Baiturrahman mosque.

In Meulaboh, West Aceh, a ceremony to mark the fourth anniversary of the Indian Ocean tsunami was held at Ujung Karang Beach. The picture (right) shows women praying at a wrecked house on which a boat was left after the tsunami in Lampulo village in Banda Aceh.

Moments after the ceremony, hundreds of students and tsunami survivors, yet to receive housing aid, took part in a rally in front of the West Aceh Legislative Council.

Carrying banners, they demanded the government build them the houses they were promised, saying they were still living in temporary shelters.

They also demanded the Rehabilitation and Reconstruction Agency for Aceh and Nias' (BRR) verification team review thoroughly the list of recipients of new homes and take back homes from those who had received more than one.

"We urge donor countries to audit the BRR's performance and seek its accountability," said protest coordinator Edi Candra.

He also called on the authorities to investigate possible corruption within the BRR and local administrations.

Rally for housing aid taints tsunami commemoration

Jakarta Post - December 26, 2008

Dozens West Aceh citizens staged a rally Friday marking the fourth anniversary of the tsunami to demand the government organize the reconstruction of the devastated areas in the province more equitably.

The protesters, who called themselves the Tsunami Housing Fighter Movement (GPRS), staged their rally in Meulaboh, the capital city of Aceh Barat, the region least assisted by the government or by donor-funded reconstruction programs under the Aceh and Nias Rehabilitation and Reconstruction Agency (BRR).

Rally coordinator Adi Chandra told tempointeraktif.com the demonstrators were people who had not received aid in the form of housing from the government even though they had sent numerous proposals and requests.

One protester, 28-year-old Ainul Mardhiah, said she had been living with relatives since the tsunami struck four years ago on Dec. 26. "I submitted a proposal. At one time we were told all tsunami victims would get a house," she said.

Meanwhile, local officials and other citizens prayed together in Meulaboh the same day to commemorate the disaster and remember the hundreds of family members who perished or vanished in the calamity. (and)

Human rights/law

Former top spy cleared of Indonesian activist's poison murder

Agence France Presse - December 31, 2008

Arlina Arshad, Jakarta – An Indonesian court on Wednesday cleared the former deputy head of the country's spy agency of masterminding the 2004 poisoning murder of human rights activist Munir Said Thalib.

Prosecutors had been seeking a 15-year jail term for the former State Intelligence Agency (BIN) Deputy Chief Muchdi Purwopranjono for plotting the murder of the activist, who was an outspoken critic of the country's military.

The investigation into the killing is seen as a litmus test in Indonesia of how far the country has come in loosening the grip of the once-dominant military since the 1998 fall of dictator Suharto.

Munir, who died aged 38, was poisoned with arsenic as he flew from Jakarta to Amsterdam via Singapore on national airline Garuda Indonesia in September 2004.

"Muchdi Purwopranjono cannot be proved legally and convincingly to have ordered the murder of Munir," a judge named Suharto told a court in Jakarta. "He should be removed from detention immediately," he said.

Purwopranjono was the first military official to face trial over the murder, which activists have long alleged was the work of senior intelligence officers.

Former Garuda airline boss Indra Setiawan and pilot Pollycarpus Priyanto were slapped with jail terms previously for their roles in the murder.

Munir was a prominent critic of human rights abuses by the military and provided legal counsel to victims of state violence during former dictator Suharto's 32-year rule.

Prosecutors had alleged the killing was an act of revenge after Munir had uncovered the kidnapping of 13 activists allegedly by special forces under Purwopranjono's command in the late 1990s.

The scandal led to the former general's sacking as special forces chief, according to the indictment.

But Munir's widow Suciwati said that she was disappointed by the court's decision.

"It's painful. It shows that the bad guys have won... we'll fight on," Suciwati said. "Today we move one step back. But we'll move 10 steps forward. We have to stand united to fight for justice," she added.

About 600 Munir supporters, donning red T-shirts with the slogan "Justice for Munir, justice for all", broke into chants of "Killer, killer, killer" outside the courtroom after the verdict was announced.

But when Purwopranjono's supporters walked past they mockingly chanted: "Who killed Munir? Muchdi killed Munir."

Around 200 of the former spy's backers sang the Indonesian national anthem on hearing the verdict. "It's an extraordinary feeling. The truth has prevailed. Purwopranjono was freed because he had done nothing wrong," said supporter Herujohan Shah.

President Susilo Bambang Yudhoyono, an ex-general who became Indonesia's first directly elected leader in 2004, has promised to leave no stone unturned in the search for the "mastermind" of Munir's killing.

"Not only Munir's wife Suciwati, but all Indonesians who seek justice, are the victims of this. Justice has not been done," human rights activist Rafendi Djamin said.

The National Commission on Human Rights urged the authorities to do more to bring Munir's killers to justice.

"The Munir case is far from over. The police need to find more evidence and the prosecutors have to bring this case back to the court," commission head Ifdhal Kasim told AFP. "Many witnesses, especially from BIN, withdrew from being witnesses," he said.

Murder charges cleared, Muchdi set to reclaim party chair

Jakarta Post - December 31, 2008

Jakarta – Former top Indonesian spy Muchdi Purworandjono is set to return to the Great Indonesian Movement Party (Gerindra), in a comeback to politics following a court decision to free him from all murder-related charges.

Muchdi's party membership will be reinstated and he will be reappointed as chairman of the organization as soon as he gets out of prison, Gerindra political deputy chairman Fadli Zon told tempointeraktif.com on Thursday.

Previously, prosecutors accused Muchdi of having solicited and assisted convicted murderer Pollycarpus Budihari Priyanto in the murder of human rights activist Munir Said Thalib. Yesterday, however, South Jakarta District Court cleared the retired general of all charges.

The party was gladdened by news of Muchdi's release and had not suffered any negative impacts from his previous implication, Fadli said.

"From the beginning, we have believed Muchdi is innocent and that he is a scapegoat for several elite politicians," he said.

"After Pak Muchdi meets his family, he will join Gerindra to campaign in several regions to attract votes to help us win the general election." (ewd)

PDI-P, PKB named as most committed to human rights

Jakarta Post - December 30, 2008

Abdul Khalik, Jakarta – The Indonesian Democratic Party of Struggle (PDI-P) and the National Awakening Party (PKB) have been deemed the political organizations with the greatest commitment to human rights, while the Golkar Party and President Susilo Bambang Yudhoyono's Democratic Party are the least committed, a study has found.

A research project conducted by the Setara Institute – a NGO focused on pluralism and human rights – in December looked at whether parties included human rights in their statute and how they aimed to tackle the major issues.

The National Mandate Party (PAN), the Prosperous Justice Party (PKS) and the Prosperous Peace Party (PDS) were ranked in the middle in terms of their approach to human rights.

The study found while most parties promoted some of the key principles of human rights, such as civil and economic rights for citizens, ruling parties like Golkar and the Democratic Party only paid lip service to the notion of human rights and looked into rights abuse cases only when they stood to gain something.

The study suggested this lack of government emphasis on human rights led to the easy passage of the ban on the Ahmadiyah Islamic sect, the spread of Sharia-inspired bylaws in regions and lawmakers passing the discriminative and controversial pornography bill.

Setara Institute executive director Hendardi said that most, if not all, parties had failed to consistently uphold the principles of human rights when responding to various issues.

"If the promotion and implementation of human rights boosts their popularity, parties will take action. If not, they ignore them," he said in Jakarta on Monday.

This attitude has become evident in the reopening of several high profile human rights cases that have implicated retired generals. The investigations into the abduction of human rights activists, the Talangsari mayhem, the Tanjung Priok massacre and the 1998 Semanggi shooting have all been plagued by weak responses from the government.

PDI-P and PKB were seen as the most committed in terms of upholding human rights principles due to their pro-human stance in many of cases.

In the Semanggi shooting case, PDI-P, PKB, PAN and PDS supported the reopening of the case and the use of a human rights specific court to try those responsible. On the contrary, Golkar, the Democratic Party, PKS and United Development Party (PPP) rejected the action, preferring the use of a military court.

Golkar and the Democratic Party also responded negatively to the reopening of cases into the abduction of activists, which could implicate the Greater Indonesia Movement Party (Gerindra) chairman Prabowo Subianto and the People's Conscience Party (Hanura) chairman Wiranto. PDI-P and PKB supported the move.

In regard to issues of religious freedom the PDI-P and PKB rejected the three-minister decree banning Ahmadiyah while Golkar and the Democratic Party supported it. PDI-P and PDS were the only two parties to disagree with the passage of the pornography bill.

The Setara Institute, however, did acknowledge some achievements of the House of Representatives in promoting human rights, such as through the passage of the 2006 law on the protection of witnesses and victims, the 2007 law on eradication of human trafficking and the 2008 law on the termination of racial and ethnic discrimination.

Riau Police guilty of rights abuses: Komnas HAM

Jakarta Post - December 30, 2008

Rizal Harahap, Pekanbaru – The National Commission on Human Rights (Komnas Ham) has concluded Riau Police officers committed rights abuses in their clash with residents of Seluk Bongkal hamlet, Pinggir district, Bengkalis regency, on Dec. 18.

Komnas HAM Deputy Chairman Muhammad Ridha Saleh announced the finding during the conclusion of a two-day investigation into the conflict.

Ridha said police officers had destroyed residences and evicted people from their homes. According to Komnas HAM, 500 homes were destroyed by the police in the incident.

"The police has no authority to destroy people's homes. The destruction is a rights violation because everybody has the right to residence.

"The action was carried out without any coordination with the village head, despite the hamlet falling under the jurisdiction of the village administration," he told the press in Pekanbaru on Saturday. He refused to comment on an allegation some of the houses had been set on fire by Molotov cocktails thrown from police helicopters.

"Residents claimed that immediately after a helicopter had flown overhead, fire broke out on roofs. But such reports have not been verified," he said.

According to Komnas HAM, the authorities were not in their rights to deploy heavily-armed Mobile Brigade troopers to force people to vacate a concession area belonging to PT Arara Abadi that was the focus of the dispute.

Ridha said the Mobile Brigade could only be dispatched to situations too severe for the police to handle.

"Seluk Bongkal is not a smoldering zone and so far it's been peaceful with no acts of anarchy committed by locals against the company.

"Moreover, no law authorizes the police to evict people by force. It was an infringement for the brigade to mistreat residents, though not a serious one," he added.

As an example, Ridha cited the death of a two-and-a-half-year-old boy who died after falling into a well during the violence.

"The child did not die directly because of the conflict but that can not be separated from the incident because the death resulted from his parents' panicked reaction to hearing the burning and gunshots," he said.

Ridha said the Riau Police must withdraw all of its personnel from the area. He also called on the police to release all Seluk Bongkal residents arrested in the incident.

Following the clash, the police detained 79 people as suspects for illegally claiming land, which carries a maximum 10-year prison sentence under the 1999 Forestry Law. "Today, the police released five people, but we demand that they all be released," Ridha said.

Last Friday, Riau Police chief Brig. Gen. Hadiatmoko denied the human rights violation accusation, saying the operation had been carried out in response to the illegal occupation of land owned by PT Arara Abadi's, as had been reported by the firm.

"All repressive measures taken were in accordance with procedures. We only arrested those who fought against our officers and provoked the crowd" he said. "We also provided buses to relocate residents but they refused."

City rife with rights violations

Jakarta Post - December 27, 2008

Jakarta – There have been more than 1,140 cases of human rights' violations cases recorded in Jakarta this year, according to Jakarta Legal Aid Institute's 2008 report to be announced the public soon. The report recorded cases involving more than 40,000 victims.

According to the report, urban poor communities in Jakarta need serious attention. Common problems include clean water, proper living place and land disputes.

The Jakarta Legal Aid Institute (LBH) received 50 complaints about land dispute involving more than 1,800 victims. "This year we also received a complaint over a clean water dispute, involving 1,500 people," LBH Jakarta director Asfinawati told The Jakarta Post on Friday.

Cases linked to the urban poor more than double to 102 cases this year compared to 42 in 2007, according to the report.

It shows that the institute received 21 complaints related to housing in the wake of forced evictions by the city administration.

Adequate housing in Jakarta is only for the middle class. The government never gives the poor the opportunity to adequate housing because housing is both expensive and inaccessible, the report states.

Urban poor communities in the city have to leave their houses and have no protection because they do not have any legal security of tenure. As a consequence they become homeless.

LBH Jakarta also recorded at least six cases of violations of rights to healthcare in Jakarta, involving 135 patients from Cipto Mangunkusumo public hospital. The report says patients were being ignored because the hospital did not have a splace for them.

On violations involving workers' rights, the number of the cases has decreased to 191 cases this year from 215 cases last year.

The report recommends the city administration take action against these violations. City officials have to be drilled about human rights and the administration has to punish staff members who make mistakes.

The report recommended that the government protect the people's interests, not only the interests of investors. "For example, about 100 families in Tangerang are suffering because a steel factory pollutes the residential area," Asfinawati said.

Meanwhile, the Commission for the Protection of Children also recorded 2,726 violations against children in Jakarta. According to Arist Merdeka Sirait from the commission, the number was considerably smaller than the previous year, but the motive and type of violation was more varied.

"More than 38 percent of children in the city suffered from sexual abuse. Mutilations and suicides are increasingly common here," Arist Merdeka Sirait told the Post on Friday. (naf)

AGO reform nothing but fantasy: KK

Jakarta Post - December 27, 2008

Dian Kuswandini, Jakarta – A poor approach to institutional change, along with discriminative responses to certain cases, is slowing down bureaucratic reform within the Attorney General's Office (AGO), critics warn.

The Commission for Public Prosecution (KK) has said the AGO's reform agenda, which kicked off in July this year, was nothing more than a fantasy.

"The reform agenda within the AGO has only been a discourse. It has been very poor in its actual realization," Commission member Maria Ulfah Rombot said in Jakarta recently.

"Our investigations show there are still many cases where sanctioned prosecutors are being promoted to (higher) positions. So, where's that apparent reform spirit?" she said. Lawmaker Eva Kusuma Sundari of the Indonesian Democratic Party of Struggle (PDI-P) slammed the AGO for its poor outline of the reform agenda.

"The blueprint is very disappointing. I didn't see any radical changes in the proposal. It's just the same old story," Eva said Friday. The proposal, she added, had failed to address changes in institutional culture, one of the main problems in the office.

"The plan doesn't show any efforts to improve its internal body which is overshadowed by briberies, extortions and non-service oriented officials.

"It did mention a code of ethics, but it's 'toothless' when compared to that of the Corruption Eradication Commission (KPK)," said Eva, from the House of Representatives' Commission III overseeing legal affairs.

The KPK reforms have been praised for outlining more effective and detailed plans for harsher punishments for its disgraced officials.

"KPK officials can monitor each other, while in the AGO, such a supervisory function is still under one division. This has proven to be not effective.

"The funny thing is, the AGO's proposal suggests holding Koran recital sessions to prevent corrupt behavior among its officials. What does that have to do with combating corruption and extortion?" Eva asked.

She also criticized the AGO's plan to scrap thousands of its structural posts in an attempt to be more effective. "Don't expect too much from the plan. Efficiency derives from an improved institutional culture, which the AGO has failed to tackle in this approach."

The National Commission on Human Rights chairman Ifdhal Kasim said the restructuring should shift and focus on the AGO's main duties instead of only scrapping structural posts. "The AGO has too many jobs to handle, and this hampers its main duties of investigating and prosecuting cases," he said.

He said the AGO had a "bloated" structure because it still handled preventive measures such as censorship and monitoring publication and groups deemed to be a threat to society.

"Such monitoring tasks were only suitable under an authoritarian regime like the New Order. Now that we are under a more democratic government, reform within the AGO should mean limiting its duties," Ifdhal said. Preventative measures such as maintaining security and public order, he added, should be given to the police.

"The culture at the AGO is still like the military's. The relationship among its officials is still based on hierarchies like ranks and uniforms, not their professional competency."

The AGO, Ifdhal said, had been the slowest institution to embrace a reform agenda compared to other government bodies. This could be seen from its slow response to cases of human rights abuses, which remain unresolved.

"All this time, the AGO has only focused on corruption cases. It always has formal excuses when responding to inaction on human rights violations cases."

Amnesty calls for probe into fatal shooting

Jakarta Post - December 26, 2008

Jakarta – Rights group Amnesty International urged Indonesian police Wednesday to investigate a crackdown on protesting villagers in which hundreds of houses were destroyed in Riau.

Two children died following the violence and nearly 400 people were left homeless last week after police and other officials fired bullets and tear gas while evicting residents of Seluk Bongkal village, Amnesty said in a statement.

"Hundreds of people are now living in the forest, their homes destroyed, and two families are grieving the loss of their children," campaigner Josef Benedict said in the statement published on its official website Wednesday.

The global rights group also called on police to allow the National Commission on Human Rights and the local government access to the area to ensure the safety of the villagers.

Quoting local sources, Amnesty said a two-year-old girl died after falling down a well during the clash, while a two-month-old baby died from burns. Two other people were injured from gunshots.

The villagers have been engaged in a land dispute with pulpwood supplier PT Arara Abadi, a subsidiary of Indah Kiat Pulp and Paper, since the forestry ministry awarded the company rights to develop the area in 1996.

Spokesman for the Riau police Adj. Sr. Comr. Zulkifli said 79 members of the Riau Labor Union (STR) had been detained for allegedly inciting the unrest. Following the incident, a platoon of police personnel stood guard at the disputed area, located around 180 kilometers north of the provincial capital of Pekanbaru.

Representatives from six local NGOs went to the Riau police Wednesday to express their support for an investigation into the individuals behind the incident. "This support for a police investigation suggests there are people who regret the actions of the labor union," Zulkifli said.

The clash erupted after around 800 local residents, all suspected members of the STR, resisted a police order to leave a property they claimed ownership of Thursday last week. Police opened fire when residents wielded sharp weapons and threw stones at the officers, police said.

General Manager of PT Arara, Nurul Huda, said the eviction concluded 20 reports it had filed against the residents, who he said had occupied the company's land for years.

"The land belongs to the state, we only lease it," he said, dismissing allegations that the company had brought in the police to evict the people.

[Rizal Harahap contributed to the story from Pekanbaru.]

Government opens talks on human rights cases

Jakarta Post - December 24, 2008

Erwida Maulia, Jakarta – Defense Minister Juwono Sudarsono has promised the families of victims of the Talangsari massacre and the late 1990s activist abductions that he will bring the cases to a meeting between senior officials responsible for security affairs.

In the meeting with six representatives of the victims' families in Jakarta on Tuesday, Juwono said should legal measures not be taken into the two cases, justice would still be upheld for the victims and their families.

He said he would discuss the issue with high-profile officials responsible for security affairs, including Coordinating Minister for Political, Legal and Security Affairs, the Attorney General, the Indonesian Military (TNI) Chief and the National Police Chief.

"Pak Juwono is considering a lot of things, starting with the acknowledgment (of guilt), compensation and possibly even clarity on the fate (of the victims). But that depends on the results of the coordination meeting," coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), Usman Hamid, said after the closed meeting between representatives of the victims' families and the minister.

Juwono, who refused to disclose details of the meeting to the media, had expressed his sympathy as "an individual" and "a defense minister" to the victims' families, said Usman.

Hutomo Rahardjo, father of missing activist Petrus Bima Anugrah, said he was "very thankful" Juwono met with them. "I hope he does not consider what we told him during the meeting as a mere anecdote," he said.

Last week at the opening of a seminar on human rights and national defense at the University of Indonesia, the minister said accusations that the military was involved in both the Talangsari massacre and 1998 abductions was "anecdotal".

"I said that the Talangsari case was anecdotal because it was neither systematically nor intentionally the policy of the New Order regime. This must be made clear," he said to Kompas daily, sparking anger among the victim families'.

The Talangsari massacre occurred in Lampung in 1989 when over 200 people were allegedly killed by local military forces for teaching "deviant" Islam. Some of the "deviant" preachings involved criticisms of the government.

The abduction of prominent activists took place between 1997 and 1998 ahead of the 1997 general elections and the 1998 general session of the People's Consultative Assembly. Kontras has said that a total of 23 people – all pro-democracy activists – were abducted during the period. One was later found dead, nine were released and 13 remain missing.

The National Commission on Human Rights has classified the two cases as gross human rights abuse cases. It has also completed preliminary investigations into each case and submitted the results to the Attorney General's Office (AGO).

The AGO has returned the activists' abduction case file, along with the files of six other atrocity cases it deems as "invalid" due to the absence of ad hoc courts for the cases' trial. The Talangsari case file, which was submitted recently, has not yet received a response.

Human rights forecast poor for 2009

Jakarta Post - December 23, 2008

Adianto P. Simamora, Jakarta – The protection of human rights across Indonesia is expected to remain bleak next year because most political parties contesting the upcoming elections lack clear vision on human rights issues, a study shows.

The study, jointly conducted by the Setara Institute and the Indonesia Legal and Human Rights Association (PBHI), found both new and old parties showed poor commitment to promoting human rights. "None of the political parties have prioritized protecting human rights," said a report from the study released Monday.

The report said the Democratic Party, founded by President Susilo Bambang Yudhoyono, and Vice President Jusuf Kalla's Golkar Party were among those with the worst stance on protecting human rights.

The Indonesian Democratic Party of Struggle (PDI-P) and the National Awakening Party (PKB) won praise for supporting human rights. "Most parties will only voice an opinion on human rights if it does not create a negative image for them," the report said.

The study assessed the political parties' missions and visions, their response to rights cases and their stance during the deliberations of laws related to human rights issues.

There are currently 38 parties taking part in the 2009 legislative elections, with 24 of them – mostly senior ones – including human rights issues in their policy package.

The study said 14 parties, including the Indonesian Entrepreneurs and Workers Party, the National People's Concern Party, the National Front Party, the Indonesian Justice and Unity Party, the Development Functional Party, the Patriotic Party and the Republican Party, failed to outline a human rights agenda in their political platforms.

"From the assessment, most parties do not recognize the concept of human rights protection," it said.

The study also assessed responses from the parties to human rights cases reported to the House of Representatives, such as capital punishment, the shooting incidents in the Trisakti and Semanggi cases, the murder of noted human rights activist Munir, the abduction of democracy activists and violence against minority religious groups.

It also evaluated the opinions raised by parties during the deliberation of human rights bills in the House, including those on pornography, investment and mining.

The study found all parties supported the death penalty for serious crimes, which technically violates international principles of human rights. "The parties have no initiative to eliminate capital punishment from the Indonesian legal system," it said.

The National Commission on Human Rights recorded an increase in the number of death-row convicts executed this year. From January to July, six people faced firing squads, the last being the three Bali bombers – Amrozi bin Nurhasyim, his elder brother Mukhlas and Imam Samudra.

The study said parties also offered mixed reactions to the House's plan to revive investigations into military-linked abduction of activists. "Many parties, including Golkar and the Democratic Party, strongly rejected the reopening of these cases."

Request for review of porn law soon to be filed

Jakarta Post - December 23, 2008

Andra Wisnu, Denpasar – The Bali People's Component (KRB) organization has finished its draft judicial review of the recently signed anti-pornography law, the first legal challenge to the controversial measure.

"We have decided to submit this legal motion on Jan. 7 asking the Constitutional Court to conduct a judicial review of the law," said KRB Coordinator I Gusti Ngurah Harta at a meeting of KRB executives and legal counsels in Denpasar on Monday.

He said the move was part of the KRB's ongoing commitment to fight the law, which many Balinese regard as a threat to their cultural legacy and the integrity of the nation.

Also attending the meeting were former Constitutional Court judge I Dewa Gde Palguna, local music identity Rudolf Dethu, popular columnist Aridus and KRB's field coordinator I Wayan Semara Cipta.

This highly-anticipated draft is the first legal challenge to the contentious porn law, which supporters have praised as a "shield of protection for our children," and critics have slammed as "an allowance for extremists to force one-sided morality against pluralist Indonesia".

The law vaguely defines pornography as any material that incites sexual desire, a clause that has triggered debate nationally.

The 50-page draft outlines the legal arguments around whether or not the law violates key constitutional rights, and looks at the issue from social, economic, artistic and cultural perspectives.

"This law has trampled on at least five constitutional rights granted to all Indonesian citizens," said KRB's chief legal adviser, Palguna.

The integral constitutional rights arguably under threat are the right to be treated equally in any legal process, the right to demand a legal certainty from and during legal prosecution, the right to be free from fear and intimidation, the right to acquire beneficial gains from arts and culture and the right to pursue legal vocations.

The draft has identified at least 21 professions in which creativity and development would be threatened under the anti- pornography law. They range from the arts to the tourism sector, media and even those working in personal training..

"Any of these workers have the right to be included as plaintiffs in this judicial review. We have prepared specific arguments for each profession," Palguna said.

"The draft is finished, all we need to do is put the names of the individuals joining as plaintiffs to this judicial review," he said.

Noted scholar I Made Bandem, a founding member of KRB, urged Bali's artist and cultural communities to actively participate in the judicial review.

"This is a historic moment, is history in the making. It's time we prove those in the artistic and cultural communities are ready to fight any attempt to destroy our national principle of Unity in Diversity," said Bandem, currently working as a visiting professor at the Holy Cross College and Brown University in the United States.

Ngurah Harta said the legal struggle would take at least four months and would require vast financial and moral support from those willing to commit to the cause.

He said those wishing to be plaintiffs may contact KRB at 081236131311 or at jiwabening@yahoo.com. People wishing to contribute financially can transfer donations to Bank Central Asia KCP Sanur Raya, account number no: 6700194343 of I Wayan Semara Cipta.

Labour issues

40,000 jobs seen lost in Indonesia by year-end

Associated Press - December 24, 2008

Jakarta – Companies in Indonesia will have shed 40,000 jobs by the end of 2008 as a result of the global financial crisis, a government minister said Tuesday.

Employment Minister Erman Suparno projected that 23,000 workers will be let go in December, while 17,000 jobs were cut in previous months. The jobs are in the electronics and manufacturing sectors, but he did not specify at which companies.

The worsening economic climate will result in more losses in 2009, he said without providing details. Hundreds of thousands of Indonesian workers abroad also face possible redundancy, he said.

As many as 150,000 people could lose their jobs in the first half of 2009, the head of the Indonesian Chamber of Commerce and Industry, Mohamad Suleman Hidayat, warned Tuesday, calling for the swift implementation of an economic stimulus package.

The official unemployment rate is around 10 percent. The Indonesian government lowered economic growth forecasts to between 5 percent and 5.5 percent in 2009, down from an earlier projection of 6.5 percent. The World Bank expects a sharper contraction.

Women & gender

Women need 'alternative way' to win House seats

Jakarta Post - December 30, 2008

Erwida Maulia, Jakarta – The chance of female legislative candidates securing seats in next year's elections is likely to shrink further with the recent ruling by the Constitutional Court on seat distribution in the House of Representatives.

Last week, the court annulled Article 214 of the 2008 Law on Legislative Elections, which specified that parties could grant seats earned to candidates based on their positions on the parties' ballot; a regulation some feared would maintain the domination of party loyalists in legislatures, instead of reflecting the people's will.

The law affects women as most of them have limited financial capacities and get poor support from their parties, which affects their position on ballot papers and general favorability among party members.

Women's groups have slammed the decision, saying it means only candidates with the most support will secure seats and consequently plays down the chance of typically less experienced and less affluent female politicians to gain traction.

"I have this friend, a legislative candidate in a region who is a lecturer, a doctor, a real smart woman; but she has little financial capacity. The ruling will make it hard for her to win votes," Eva Kusuma Sundari, a female lawmaker from the Indonesian Democratic Party of Struggle (PDI-P), told The Jakarta Post on Saturday.

"My other (female candidate) friends in regions have complained about this issue; they don't have money. A lawmaker like me may be better financially equipped, but still not as affluent as our male counterparts. It looks like we have to borrow if we want to get money for campaigning," Eva said, adding that she was very upset with the ruling.

She said the PDI-P had an affirmative policy toward its female politicians with its listing system for the distribution of legislative seats, in which female candidates topping the list would not have had to worry about having to struggle in an "unfair free market" system.

"Now we're waiting for the General Elections Commission's (KPU) interpretation of the ruling. People still have different understandings of its consequence," Eva said.

Sri Harini, a female member of the Golkar Party, said Golkar would not do anything about the ruling as it had adopted the majority vote system from the beginning, but added that it had an affirmative action policy in which seats would go to women over men if both secured an equal number of votes.

She added that the party had a women's unit, which provided non- lawmaker candidates with financial supports.

"I don't know the amounts; not much, I reckon. That's why we hope the KPU can issue a regulation obliging parties to really support their female legislative candidates financially, although this isn't likely to occur," she said.

Andi Yuliani Paris, a female lawmaker of the National Mandate Party (PAN), which also adopted the majority vote system before the recent ruling, said she could only hope voters would be smart enough to reject vote trading and consciously vote for capable female candidates in their areas.

She added it was very important that female candidates build strong networks among themselves and with their supporters to try and counter their financial weaknesses.

Ani W. Sutjipto, a political and women's rights expert from the University of Indonesia, said the KPU and parties had to combine affirmative policies with the majority vote system by, for instance, separating vote counting for male and female candidates and granting seats based on gender, one for one.

She also suggested that female legislative candidates maximize their door-to-door campaigning efforts, or meet face to face with potential constituents, as it would require less money than placing ads in the media.

Women legislative candidates get little from political parties

Jakarta Post - December 26, 2008

Yuli Tri Suwarni, Bandung – The support for female candidates from political parties for next year's general elections is very small, activists and politicians say.

"All decisions made by political parties, including the list of candidates, are decided by their male-dominated boards. Politics is still considered a man's world," activist Hetifah Sj Siswanda told The Jakarta Post on Tuesday.

Hetifah, who was also chairwoman of the recent West Java Women's Congress, said most political parties did not educate their female candidates on politics.

She said the female candidates were only put on the list to meet the 30 percent quota requirement without giving them skills and without teaching them about political mapping and campaigning.

Hetifah said the province's first-ever female congress Sunday, which was attended by 350 female activists and politicians from various parties, agreed to support female legislative candidates.

"We will go to female candidates to talk with them and arrange campaign strategy in order to broaden their chances of election," she said.

Separately, Diah Pitaloka, a female legislative candidate from the Indonesian Democratic Party of Struggle (PDI-P) for Subang Legislative Council, said she had assisted a women's empowerment program involving 1,000 participants, in her electoral area of Tanjung Siang and Cisalak.

In the last minutes of registration of candidates, her party moved her to another electoral area of Blanakan, Ciasem and Patok Beusi.

"I was rejected by the party's local board. I was threatened by local party supporters wielding swords," the 31-year-old woman said, adding male members of the local board refused to be placed under her on the list.

Diah revealed that she had to sell her car worth Rp 25 million to finance her campaign activities. Her motto is: "Vote for female candidates".

"Politics is still very expensive. Our political culture is still evil and masculine, too. We should totally fight for it," the Padjadjaran University School of Journalism graduate said.

Women's groups condemn election law ruling as 'unfair'

Jakarta Post - December 26, 2008

Irawaty Wardany, Jakarta – Women politicians have been dealt a serious blow ahead of next year's legislative elections, after the Constitutional Court ruled that candidates winning the most votes would secure seats in legislatures.

An eight-judge panel scrapped Article 214 of the legislative elections law that allowed leaders of political parties to handpick close supporters, rather than candidates winning the most votes, to represent the parties in national and local legislatures.

The decision, handed down Wednesday, was blasted by women's groups who said the move had "deflated women's struggle" in politics.

"The ruling did not thoroughly consider the history of the long process in the enactment of the law approved by the government and the House of Representatives, that the agreed electoral system is the limited open proportional system to accommodate affirmative action to increase the representation of women in politics," said a statement from the Women's Movement to Defend Pancasila Democracy.

This system, it added, highlighted "the principles of representation, proportionality and the protection of marginalized groups" – including women – and not the principles of free competitiveness.

"The Constitutional Court ruling is not fair to women because using the number of votes won as the basis for electing candidates will only make less room for women candidates to participate in the legislative elections, due to the strong patriarchal culture in Indonesian in general and political parties in particular," Indonesian Women's Coalition secretary- general Masruchah told The Jakarta Post on Thursday.

The annulled Article 214, passed in March this year, stipulates legislative seats be distributed first to candidates securing at least 30 percent of the original vote. The rest of the seats are then handed out based on the list of permanent legislative candidates submitted by political parties.

Wednesday's verdict was issued in a split decision, with judge Maria Farida Indrati offering the dissenting opinion. She argued the government and law enforcers should defend women in their fight for a political quota as their constitutional right to gain equality in national development.

Earlier, four legislative candidates from the Indonesian Democratic Party of Struggle (PDI-P) filed a request for the Constitutional Court to review the article.

"Under the current conditions, I don't think such a mechanism can be implemented, especially when most decision makers in the parties are men. This will only leave women in subordinate positions," Masruchah said. She added Indonesia was not yet ready to fully implement gender equality, thus it needed to be regulated.

Airlangga University political expert Kacung Maridjan said the court's ruling would pose a tough challenge for women candidates in next year's elections. "With the revocation of the article, women will feel challenged to work harder in the elections," he was quoted by Antara news agency as saying.

He said the ruling would force candidates to boost their personal approach to the public to win more votes. "Women are supposed to no longer rely on the numerical system (for allocating seats), but they should use this opportunity to make a personal approach to voters," he said.

No woman, no change: Inter-party forum

Jakarta Post - December 23, 2008

Wasti Atmodjo, Denpasar – To coincide with Mother's Day on Monday, women legislative candidates from different political parties in Bali banded together to create the Inter-Party Women's Forum (FPLP) in the hope of increasing the political leverage of women.

The forum, which uses the motto 'No Woman No Change', aims to increase the number of women lawmakers, said FPLP spokesperson Yanti Tiku Rante.

She said women candidates who get voted into legislative positions in the 2009 election would motivate and support other women candidates in the forum to continue in politics in hopes of securing them seats in the 2014 election.

Candidates who do not make it, she said, would continue to fight for gender equality in domestic, health, organizational and other issues.

Head of the FPLP Ni Putu Suprapti Santy Sastra said the forum further reached out to women outside the island. "This forum represents all women who are members of political parties, including those in other municipalities and cities," she said.

The idea for the forum was conceived in August through meetings and trainings. It planned to have meetings every Friday, she added.

The forum, she went on, was an important part of fulfilling a 2008 law that requires 30 percent of representatives in political parties and legislative positions be female, a law that parties in Bali and most other provinces have failed to meet.

Only 246 of the 806 candidates running for the provincial legislative seats and 180 of the 581 candidates vying for Denpasar municipality legislative seats are female.

"That's not to say this is a small amount, but it's important to improve and maintain the quality of women legislative candidates," she said.

Suprapti, who is a legislative candidate for the Prosperous Peace Party (PDS), further said the forum aimed to eliminate the stereotype that women are not tough enough for the job.

"Through the FPLP, we will prove that women can be both caring and gentle as well as tough and firm. We will unite our aims and our commitment to the struggle on gender issue," she said.

The forum will hold forums in every electoral area of each of the legislative candidates, where they will introduce themselves and their programs.

"2008 is the year of the rise of women. We are ready to fight for our programs and work ethics against the men," she said. She added that the funding for the forum's programs would come from members.

FPLP Secretary I Putu Sawitri said Mother's Day was the perfect opportunity to inaugurate the establishment of the forum because the day marks the appreciation of womanhood. She hoped the inauguration would inspire other women candidates in other provinces to do the same.

Those present for the inauguration included former chairman of the Bali General Election Commission (KPU) Anak Agung Gede Wisnu Murti, Denpasar KPU Chief Gede Ray Misno and Regional Representative Council (DPD) member from Bali Ida Ayu Agung Mas.

Bali Governor Made Mangku Pastika, in a statement that was read out by an official representative, welcomed the creation of the forum, calling it a new medium for women to empower themselves politically.

275 women fell victim to domestic violence in 2008

Jakarta Post - December 23, 2008

Jakarta – Mitra Perempuan Women's Crisis Center reported Tuesday that 275 women came forward as victims of domestic violence this year. The women who had lodged their complaints with the NGO came from various walks of life, including career women and homemakers.

"As many as 5.82 percent of the total number of victims were below the age of 18," Mitra Perempuan chairwoman Rita Serena Kalibonso said, as quoted by tempointeraktif.com.

Kalibonso added that most of the perpetrators were spouses at 76.98 percent and former husbands at 6.12 percent. The rest were reported to have been parents, children, siblings, boyfriends and colleagues.

Health & education

Students join street rallies, say no to University Inc.

Jakarta Post - December 27, 2008

Ni Komang Erviani, Denpasar – Dozens of students followed their counterparts across the nation in protesting against the recently passed education legal entity law, claiming it will turn education centers into "business centers".

Members of the Student Alliance Against Law on the Education Legal Entity, comprising activists from several student organizations, marched for about 500 meters from the Udayana University campus on Jalan Sudirman to the busy intersection of Jalan Dewi Sartika.

Organizations participating in the demonstration included the Udayana University Students Executive Body, the Indonesian National Student Movement (GMNI) and the Islamic Students Association.

Carrying banners saying "Campuses are not business centers", "Poor people are not allowed to go to school" and "Indonesia is not for sale", the protesters demanded the House of Representatives revoke the law.

Opponents of the law, which makes educational institutions into autonomous legal entities and grants them "autonomous, accountable and transparent" management, claim its only effect will be to cause universities to raise tuition fees.

"The law is an effort to commercialize, privatize and politicize education," said Ni Luh Gina Widyandari, a spokesperson for the protesters. "This law will just turn campuses into business centers."

The protesters also demanded the government provide free education at all levels, improve infrastructure of educational institutions to meet international standards and replace the curriculum with a more "democratic" one.

The protest followed several other student demonstrations held at nearly every major campus in the country over the past few days. All students have voiced similar complaints, calling the law a harsh blow to efforts to provide education for the poor.

According to the House, the law on the education legal entity is an improvement to the university autonomy policy issued in early 2000, which fails to address matters pertaining to school funding.

The legal loophole has been used by many schools to establish their own funding policies, some of which have led to increases in tuition fees. This occurred at the seven state universities granted autonomous status.

The education legal entity law makes the government responsible for all operating costs, investment, scholarships and financial aid for education up to the ninth year.

After that time, the government is obliged to cover at least one-third of the costs, and senior high schools and universities are allowed to charge their students a maximum fee of one-third of the operating costs.

Teachers rally over allowance cut

Jakarta Post - December 27, 2008

Agus Maryono, Purbalingga – Around 1,000 state-school teachers in Purbalingga, Central Java, have protested against a cut in their certification allowance, to which they are entitled in full, by the local education agency.

One of the teachers said the allowance was equal to a month's salary, but each teacher had been asked for a cut of between Rp 150,000 (US$13) and Rp 250,000 by the education agency.

"The allowance is handed out every three months. This is the second time we've received it, so it's relatively new," said Prasetyo, a teacher at a state-run junior high school in Kaligondang district.

The 40-year-old said the education agency had deducted Rp 150,000 from elementary school teachers' allowances and Rp 250,000 from those of junior and senior high school teachers.

"They say it's for administrative fees... which is a classic excuse," Prasetyo told The Jakarta Post. He added the cuts were made indirectly.

"They don't demand it directly, but only after the teachers receive the allowance. The payments are collected by the respective group leader at the district level, who then hands it to the official at the regency education agency," he said.

The education ministry, he went on, transferred the allowance to the bank accounts of the respective teachers. "After the funds have been transferred, the coordinator then collects (the cut)," he said.

Prasetyo also said around 1,000 teachers in the regency received the allowance. Of these, 70 percent were elementary school teachers and the rest junior and senior high school ones.

"Not all state-school teachers receive a certification allowance; only those who have met the requirements do," he said. He added among the requirements were adequate work experience and credits from achievements while serving as a teacher.

However, Edy Suryanto, head of the manpower division at the Purbalingga Education Agency, denied ever making any cuts. "It's not true. We have never asked for any cuts. It's absolutely not true," Edy told the Post on Friday.

He added the allowance was paid directly to the recipients, thus making it unlikely his office could cut them.

War on corruption

Religious minister admits to accepting haj funds

Jakarta Post - December 31, 2008

Erwida Maulia, Jakarta – Religious Affairs Minister Maftuh Basyuni admitted Tuesday to receiving money from the haj fund in an alleged graft case being investigated by the Corruption Eradication Commission (KPK).

The minister, however, claimed that his decision to accept money from the Ummah Trust Fund (DAU) was legitimate as it had been justified by a decree issued by his predecessor.

"The 2003 religious affairs ministerial decree ruled that DAU could be used to pay functional allowances for its management agency, the agency head, its supervising board and executive board as well as the management staff," said Maftuh, who was appointed to his current post in late 2004, replacing Said Aqil Hussein Al-Munawwar.

Said Aqil was jailed for five years in 2006 for corruption charges related to haj funds.

"The DAU could also be used for overseas assignments, holiday allowances and other purposes, including operating allowances for the religious affairs minister, director general of haj management and for treasurer," Maftuh added.

He said the 2003 ministerial decree was based on a 2001 presidential decree surrounding the management of DAU funds, and was linked to aspects of 1999 Law on Haj Management.

Maftuh said as the DAU management agency head, he had the right to a monthly allowance of at least Rp 15 million (approximately US$1,300) from DAU funds based on the ministerial decree.

He said he and other officials at the agency had received such payments during the transitional period of the President Susilo Bambang Yudhoyono administration in late 2004 and early 2005.

However, Maftuh said he revoked the ministerial decree in 2005 and cut the DAU management agency head's monthly allowance to Rp 5 million.

"And in May 2005, after scrutinizing an internal report from the Religious Affairs Ministry's inspectorate general, I decided to freeze the DAU funds, which is why they remained so low," he added.

"Since then, none of the funds have been used. We sometimes borrow it for urgent requirements, but quickly return it," he said.

The KPK claims it is looking into a report from Indonesia Corruption Watch (ICW) that alleges Maftuh embezzled haj funds. ICW provided the KPK with some receipts of allowance payments that the minister allegedly received between November 2004 and May 2005.

ICW also found receipts of incentives and travel allowances for at least 15 lawmakers from the House of Representatives' Commission VIII, which oversees religious and social affairs.

The Religious Affairs Ministry has admitted to paying for the trips of two lawmakers in 2005 using haj management funds, not DAU money. The two lawmaker were inspecting preparations for the haj in Mecca.

DAU funds are the outcome of efficiency in haj management. The haj law rules that the funds must be managed by an agency chaired by the incumbent religious affairs minister.

The 2001 presidential decree states that DAU funds are to be used for education and religious promotion, health, social activities, economic projects, the construction of religious facilities and the management of the haj pilgrimage.

KPK urged to look into haj fund scandal

Jakarta Post - December 30, 2008

Irawaty Wardany, Jakarta – Indonesia Corruption Watch (ICW) has called on the Corruption Eradication Commission (KPK) to make investigating the haj fund embezzlement scandal at the Religious Affairs Ministry its top priority.

"We ask the KPK to seriously investigate the case as it will encourage reform within the management responsible for the fund. This money has been embezzlement repeatedly in the past because of the non-transparent nature of the fund," ICW Coordinator for Public Service Monitoring Division Ade Irawan told The Jakarta Post here Monday.

ICW alleges the fund, called the Ummah Trust Fund (DAU), has been used for the interests of several individuals including Religious Affairs Minister Maftuh Basyuni and some members of the House of Representatives. "We handed over some data on the issue to the KPK on Dec. 4," he said.

The data included two receipts showing US$2,800 worth of travel allowance to two lawmakers from the House's Commission VIII overseeing religious and social affairs and a total of Rp 1.2 billion (US$108,108) worth of incentives and transportation allowances to 15 members of the House's working committee deliberating the haj pilgrimage expenses.

Ade said ICW had already reported the discrepancies involving Religious Affairs Minister Maftuh Basyuni to the KPK.

"We found at least three payments to the minister. First, the functional allowance payment of Rp 10 million in March and April 2005, then the Idul Fitri holiday allowance of Rp 25 million on Nov. 11, 2004 and finally US$5,000 worth of travel allowance to Saudi Arabia on May 6, 2005," he said.

Maftuh is not the first religious affairs minister to be implicated in a corruption case. In 2006, the Central Jakarta District Court sentenced former minister Said Agil Hussain Al- Munawar to five years in jail and Taufiq Kamil, the ministry's former director general for Islamic guidance and haj affairs during Megawati Soekarnoputri's administration, to four years jail.

The KPK has said it is committed to following up the ICW report on the haj fund embezzlement. "It is one of many cases involving the interests of many people. We cannot just sit still and keep quite about it," KPK Deputy Chairman M. Jasin told the Post.

Corruptors change tactics to avoid Corruption Commission

Jakarta Post - December 26, 2008

Bandung, West Java – Deputy chairman of the Corruption Eradication Commission (KPK), Mochamad Jasin, said Tuesday that the body's strict grip on graft cases has forced corruptors to change their tactics.

Jasin said corruptors now evade KPK investigators by reducing electronic transactions as well as meeting in person instead of using mobile phones.

"There was a time when the (graft) money was usually transferred through banks, but now they go through money changers. They (corruptors and bribers) no longer use formal financial institution but meet in persons," he said.

Jasin admitted that the change in tactics required KPK investigators to work even harder, tailing targets wherever they go. "This new trend was seen with the case of lawmaker Bulyan Rohan who was arrested on June 30 at a money changer in Plaza Senayan," he said.

Bulyan was caught when he was collecting US$66,000 and 5,500 euros as a bribe for a procurement of 20 patrol boats for the Transportation Ministry.

Islam/religion

Religious freedom, tolerance in jeopardy

Jakarta Post - December 24, 2008

Desy Nurhayati, Jakarta – Indonesia has suffered major setbacks in upholding religious freedom and tolerance, enshrined in the Constitution, as evident in a series of attacks on pluralism, a year-end discussion heard Tuesday.

Worse, the government, through its own policies, has seemingly given carte blanche to hard-line groups to flourish and attack minority groups they deem "deviant", Pramono Tantowi, director of the Center of Religious and Civilization Studies, told the forum held at the headquarters of Muhammadiyah, the country's second largest Muslim organization.

Pramono said a joint ministerial decree, issued earlier this year, banning the Ahmadiyah Islamic sect from spreading its teachings, showed the government's support for violence in the name of religion at the expense of minority groups.

"The government has failed to protect its citizens. It should have acted as a mediator that stands above all parties and protects individuals' right to exercise their freedom of religion," Pramono said. He added the proliferation of radical groups this year indicated a worrying trend toward Islamic fundamentalism.

Political parties, he went on, had exacerbated the situation by siding with mainstream aspirations, for their own interests. "The issue of fundamentalism has been exploited by political parties not only religious-based ones, but also nationalist ones, to woo voters ahead of the 2009 elections," he said.

He added some parties lacked the guts to go against the mainstream for fear of losing votes from the majority Muslims in the elections next year, as was evident in the passage of the anti-pornography bill, which moderate Muslims and human rights activists lambasted for curtailing pluralism.

With the elections drawing near, political parties will now reduce religious issues to political gimmicks, Pramono warned.

Muhammadiyah chairman Din Syamsuddin also expressed regret over the state's failure to tackle acts of violence committed by hard-line groups, calling it proof of the government's ignorance. He cited an attack in June by the Islam Defenders Front on activists of the Alliance of Religious Freedom in Jakarta, despite a heavy security presence.

The University of Indonesia's Tamrin Amal Tomagola said the government had gone too far in meddling in religious issues, and called for a clear separation between the state and religious bodies.

He suggested the government dissolve the Religious Affairs Ministry and the Indonesian Ulema Council, calling both organizations forms of state intervention in the private matter of religious affairs.

Another speaker at the discussion, Kemala Candra Kirana, head of the National Commission on Women's Protection, highlighted the entrapment of women by dozens of government policies that she said discriminated against them.

She added the adoption of sharia-based ordinances in several areas, including a bylaw that criminalized women who went out alone at night or acted suspiciously, was an example of violence against women. "This bylaw violates the basic principle of presumption of innocence," she said.

Elections/political parties

Sutiyoso claims to get party supports

Jakarta Post - December 29, 2008

Jakarta – Former Jakarta governor and presidential hopeful Sutiyoso said Monday three smaller political parties had pledged him their support in the upcoming presidential elections.

The three parties are the Prosperous Indonesian Party (PIS), Marhaenism Indonesian National Party (PNIM) and the Indonesian Workers and Employers Party (PPPI).

Speaking in Yogyakarta during Monday's Islamic new year celebrations, Sutiyoso also said he was in talks with other political parties for additional support.

He said he planned to tour to all parts of the country to promote himself as a presidential contender. "Although (touring the country) is tiring, that way I can understand what people want so when I'm elected president, I can immediately take action," he said.

Sutiyoso's chances are considered slim as he has no major-party endorsement that could ensure his eligibility as a presidential candidate. The strongest contenders at the moment are incumbent Susilo Bambang Yudhoyono and former president Megawati Soekarnoputri.

Government plans new rules on ballot marking

Jakarta Post - December 28, 2008

Desy Nurhayati, Jakarta – To prevent political parties from possible losses of votes at the 2009 legislative elections, the government is planning to issue a regulation-in-lieu-of-law on procedures to mark the ballot papers.

The new rule will allow voters to pick both the candidate's name and the political party on ballot papers at the elections, President Susilo Bambang Yudhoyono said Saturday after chairing a coordination meeting to discuss this plan at the State Palace, Jakarta.

General Elections Commission (KPU) members, Cabinet ministers, House of Representatives leaders and heads of several state agencies attended the meeting.

Under the 2008 law on legislative elections, a ballot paper is only valid if it is marked once – either on the party's logo or on the name of a legislative candidate. A ballot paper will be disqualified if it contains more than one mark.

Under this provision, political parties potentially stand to lose votes because it is likely that many voters will mark their papers twice – both on the party's logo and on the candidate's name. This, however, was allowed under the previous elections law issued in 2003.

Under the new regulation, voters will be allowed to mark the ballot twice, thus accommodating those accustomed to doing so, as they did in the 2004 legislative elections.

The President said the issuance of the regulation-in-lieu-of-law was important as Indonesian voters tended to mark the ballot twice.

KPU chairman Abdul Hafiz Anshary said voters needed more time to change their habit of voting for both the party's logo and the candidate's name.

"The President highlighted in the meeting that the mechanism of marking the ballot papers should not confuse voters. It will be detrimental if there are many votes that are invalid because they are marked twice. That is why we need to issue the regulation in lieu of the law," Hafiz said.

He said the KPU would hold a meeting with the Election Supervisory Board (Bawaslu) and government representatives next week to discuss the issue.

Indonesia will hold legislative elections on April 9, which will be contested by 38 political parties. The outcome will determine which parties are eligible to field candidates for the presidential election three months later.

Parties split on handling out seats in legislatures

Jakarta Post - December 27, 2008

Desy Nurhayati, Jakarta – Following the Constitutional Court's recent ruling that candidates with the most votes would get legislative seats, major parties have come up with different ways to distribute collected seats among their candidates contesting the 2009 elections.

Next April's legislative elections are expected to see many voters vote only for political parties, and not choose a particular legislative candidates as printed on ballots, due to widespread public distrust of individual candidates.

It is thus expected they will only mark the parties' logos, allowable under the legislative election law passed in March 2008.

This will affect how the parties decide which candidates get legislative seats at national and local levels, because of the dual nature of the vote: a vote for the party and a vote for its candidates.

The election law also allows voters to mark only the candidates' names printed on ballot papers, or both the party's logo and its candidates.

To be eligible for seats at the House of Representatives, a party must garner at least 2.5 percent of total valid votes nationwide.

On Friday, the Golkar Party said it would sum up all votes, both those in which only the logo was marked and those in which candidates' names were marked, while the Democratic Party said it would separate the two types of vote.

"We will not differentiate between the two kinds of vote because we will recapitulate all the votes to get total votes we need to compete against other parties in securing the most seats," said Golkar deputy chairman Syamsul Muarif.

"We will then distribute the votes among our legislative candidates by prioritizing those who have already secured the most votes in their respective electoral districts," he told The Jakarta Post.

Democratic Party deputy chairman Anas Urbaningrum said his party, founded by President Susilo Bambang Yudhoyono, would not distribute among its candidates those votes in which only the party logo was marked.

"Votes for the party will only be used to reach the 2.5 percent threshold, but will not be distributed among candidates," said Anas, a former member of the General Elections Commission (KPU). "Eventually it will be the candidates with the most votes who win the seats."

On Tuesday, the Constitutional Court ruled that seats in the nation's legislatures would go to candidates who won the most votes.

It revoked Article 214 of the 2008 election law concerning the way legislative seats are distributed. The article would have allowed political party leaders to handpick their close supporters to represent the parties in the national and regional legislatures, rather than the seats going to the individual candidates who win the most votes.

The article stipulated legislative seats be distributed first to candidates securing at least 30 percent of the original vote. The rest of the seats would then have been allocated according to the list of permanent legislative candidates submitted by the parties.

'Don't politicize economic crisis'

Jakarta Post - December 24, 2008

Desy Nurhayati, Jakarta – The impacts of the global financial crisis should not be politicized to attack the incumbent government in the upcoming general elections, President Susilo Bambang Yudhoyono warned.

Yudhoyono said the crisis and its impact on the country had drawn public comments, some of which were "incorrect and being politicized".

"It is misleading for people to suggest the economic situation is stable and that the global crisis will not have any impact on our country. Let's not waste out time by responding to such inaccurate, dishonest and politically-motivated comments," he said during a ceremony marking the National Day of Solidarity at the National Monument (Monas) square in Jakarta on Tuesday.

"The most important thing is the government will continue its hard work addressing the impacts of the crisis," he said.

The president called on the nation to unite in facing the crisis amid the rapid changes occurring at a national and global level.

He also repeated calls for regional administrations to support the government's social safety net programs, following the rejection of the community empowerment scheme (PNPM) by some regions.

"Let's support the programs for the sake of people's welfare. Don't block the efforts because in the end you will be held responsible by your people," he said.

The government has on many occasions reiterated its three scheme approach to combating poverty: Direct cash assistance (BLT), the PNPM and loans for small and medium enterprises (KUR).

During the ceremony, the president handed over Rp 12.2 trillion (US$1.1 billion) in loans from the KUR scheme to more than 1.5 million debtors. The loans were provided by six state-owned banks.

The National Day of Solidarity, which falls on Dec. 23, was initiated by the late former president Soeharto. The origins of commemorating the day stem back to the historical March 1, 1949 attack led by Soeharto when he was a military commander of Brigade X in Yogyakarta.

The attack, in which Indonesian soldiers seized Yogyakarta for six hours in a stance against Dutch colonial forces, is regarded as one of the most important days of Indonesian unity.

Court hands power back to voters

Jakarta Post - December 24, 2008

Irawaty Wardany, Jakarta – Democracy looks certain to prevail in next year's legislative election after the Constitutional Court ruled on Tuesday that seats in the nation's legislatures would go to the candidates who secured the most votes.

The court unanimously agreed to revoke two articles in the 2008 election law concerning the way legislative seats are distributed. The annulled articles would have allowed political party leaders to handpick their close supporters to represent the parties in the national and regional legislatures, rather than the seats going to the individual candidates who win the most votes.

"The philosophical basis of every election is that it be determined by the number of votes won. Therefore, the election of legislative candidates must follow that rule, rather than the numerical order decided in advance," said the panel of judges, presided over by court chief Moh. Mahfud MD.

Factions at the House of Representatives endorsed the election bill in March of this year. Under the law, legislative seats are distributed first to candidates who secure at least 30 percent of the original vote. The rest of the seats are then allocated according to the list of permanent legislative candidates submitted by the political parties.

Four legislative candidates from the Indonesian Democratic Party for Struggle (PDI-P) filed for a judicial review of the law, on the grounds the system was unfair.

The court said the law breached the principles of representative democracy and failed to respect voters' choices.

"Given that Indonesia adopts a system of direct election for the president and vice president, it will be fair if members of the House of Representatives and Regional Representatives Council are those who are directly elected by the people," the court said.

Chairman of the Prosperous Justice Party (PKS), Tifatul Sembiring, welcomed the court's ruling, which he said was in line with his party's policy.

"We were one of the parties that proposed the election of candidates based on the number of votes gained, but the major parties rejected it," he said. "The new election system will force candidates to work hard to woo voters."

Tifatul said the Muslim-based party would have no difficulty adjusting to the court ruling. "However, we will wait for the General Elections Commission (KPU) to implement the new policy and draft operational regulations," he said.

Golkar Party deputy chairman Firman Subagyo said the court's ruling came at the right time as the 2009 legislative election drew closer.

"This will only strengthen Golkar's strategy since we have adopted this election (system) internally in response to unfairness felt by our legislative candidates," he said. He said most of the incumbent legislative members, including those from Golkar, were more the representatives of their political parties than of the people.

"People used to choose legislative candidates through their parties, but with this ruling, people will select (individual) candidates of their own choice," he said.

Golkar introduced the popular vote mechanism, but suspended it after the KPU warned the policy contravened the election law.

He added that this would force political machines to become more dynamic because the system would encourage individual candidates to promote themselves to voters.

Political surveys top commodity for 2009

Jakarta Post - December 24, 2008

Adianto P. Simamora, Jakarta – Political surveys have become a lucrative business ahead of next year's elections with reputable marketing firm Markplus Inc. putting its recent study on voters' behavior up for sale to political parties.

Markplus, owned by marketing guru Hermawan Kartajaya, set up the Indonesian Political Marketing Research (IPMR) to conduct political surveys on a regular basis ahead of the 2009 elections.

IPMR executive director Taufik said Tuesday the software, which contains the results of its recent survey, would be sold for Rp 2.2 billion (US$197,309).

"With the software, the parties and legislative candidates can map voters' behavior in each election district across the country." he said.

The survey examined, among other aspects, the popularity, acceptability and electability of political parties and presidential candidates among the respondents. It also assessed how likely certain legislative candidates were of winning seats in electoral districts.

The IPMR conducted its first-ever survey in November of 16,800 respondents representing all 77 electoral districts in 33 provinces, with a margin error estimated at 0.75 percent.

Taufik said the survey cost Rp 3 billion. Pollsters are often reluctant to disclose the budget for their surveys.

Political communication expert Effendy Ghazali hailed this method of marketing election surveys that Markplus had pioneered. "This will be the first company that has sold election survey results to the political parties. There is a big market for it," he said.

Effendy said he regretted the fact that many election pollsters refused to unveil the sponsors behind their surveys. "It would be good for survey companies to disclose their financial backers to ensure the objectivity of their results."

At a national level, the IPMR surprised political commentators when it announced former Army Strategic Reserve Command chief Prabowo Subianto was the second most popular presidential candidate after the incumbent, President Susilo Bambang Yudhoyono. Megawati Soekarnoputri was third.

As the presidential election law requires a candidate to win the support of a party or coalition with either 20 percent of seats in the House of Representatives or 25 percent of the popular vote, Taufik said only Yudhoyono and Megawati stood a real chance of contesting the election.

Yudhoyono is the chief patron of the Democratic Party, while Megawati leads the Indonesian Democratic Party of Struggle (PDI- P), which finished second to the Golkar Party in the 2004 legislative election.

Prabowo, founder of the Great Indonesian Movement (Gerindra), is the most popular alternative candidate.

Golkar leader Jusuf Kalla is the most popular vice presidential aspirant, followed by House speaker Agung Laksono and People's Consultative Assembly speaker Hidayat Nurwahid, according to the survey.

The survey showed that in terms of political parties Golkar was the top choice of most respondents, followed by the PDI-P.

Gerindra has exceeded the popularity of more senior parties like the Prosperous Justice Party (PKS) and Unity Development Party (PPP).

SBY wins support of 'Kadin Party' for 2nd term

Jakarta Post - December 23, 2008

Mustaqim Adamrah, Jakarta – The nation's most powerful business lobby group ended its national meeting on Monday with reelected chairman Mohamad Suleman Hidayat throwing his support behind President Susilo Bambang Yudhoyono's bid for a second term in office.

Hidayat, held in high regard by members of the Indonesian Chamber of Commerce and Industry (Kadin) for keeping the group's interests fairly high on the government's list of priorities, said the group would continue its partnership with the government in keeping the business climate healthy.

"But we are still an independent institution... based on the (1987) Kadin law," he told reporters on the sidelines of the two- day Kadin national meeting.

"Therefore, we will continue working with the government because we have the same visions in mitigating (the impact of) the (economic) crisis and in developing our economy over the next five years."

Hidayat added he would meet with Yudhoyono soon to find ways to help each business sector cope with the crisis, and said he expected a set of policies to be issued and implemented as early as January.

However, Kadin's support for the President is not without its conditions, with the group demanding Yudhoyono put together a more solid team of economic ministers in dealing with the crisis. "All economic ministers must be coordinated under one command, and not by their own agenda," he said.

Speculation about "disharmony" among economic ministers is rife, revolving around Finance Minister Sri Mulyani Indrawati, Agriculture Minister Anton Apriyantono, Trade Minister Mari Elka Pangestu and Forestry Minister Malam Sambat Kaban.

Mulyani and Mari are considered professional appointments to the Cabinet, while Anton and Kaban are in the Cabinet solely to appease the interests of the Justice and Prosperous Party (PKS) and the Crescent Star Party (PBB), respectively.

Kadin, often dubbed "the Kadin Party", played a crucial role in backing Yudhoyono in the 2004 presidential election, after it deemed the incumbent president Megawati Soekarnoputri "unfriendly" to its interests.

Knowing full well Kadin's influence, financially and politically, Yudhoyono will have little option but to strike a deal with the group or risk being shunned, as Megawati was.

Kadin brings together most of the country's influential businesspeople at the national and provincial levels, but with a strong Golkar Party slant.

Hidayat, for one, is a Golkar politician specifically tasked by Vice President Jusuf Kalla, a top Kadin member himself, with managing the group.

Coordinating Minister for the People's Welfare Aburizal Bakrie was Kadin chairman before Hidayat. Industry Minister Fahmi Idris, a senior Golkar politician, is also a senior member of the group.

Sofjan Wanandi, chairman of the Indonesian Employers Association (Apindo), said Hidayat was the right person to fill the position, especially in dealing with future challenges in the wake of the global economic downturn.

"I believe we have to work together to get out of this (economic) crisis, and (Hidayat) has the ability to embrace all of us," said Sofjan, a close ally of Hidayat's in lobbying the government.

"That's why no Kadin members tried to challenge him in the race to be chairman, making him the only candidate."

Regional autonomy

Government slams regions for snubbing community plan

Jakarta Post - December 23, 2008

Desy Nurhayati, Jakarta – A nationwide community empowerment scheme for villages is causing trouble for the central government with many local administrations refusing to carry out the program, citing political and financial reasons.

Mayors and regents rejecting the scheme have described the National Program for Community Empowerment (PNPM), launched last year by President Susilo Bambang Yudhoyono, as a campaign gimmick to further the political interests of the incumbent leader and his supporters.

Other regional administrations that oppose the scheme claim they lack the funds to implement the program. Under the PNPM, regions are required to provide between 20 and 50 percent of the total budget needed for the program depending on their ability to pay. Other regions rejected the program without giving a reason.

According to analysts, PNPM projects are meeting resistance from many regional administrations because they were denied involvement in managing the funds allocated for the empowerment program.

Under the PNPM scheme, designed to create jobs and eradicate poverty, each district is given an average of Rp 3 billion in cash assistance to build infrastructure and to design its own community empowerment programs.

The money, provided by the central and local administrations, is managed by independent committees assigned to the projects by the central government. Twelve regencies and six municipalities have refused to implement the program, including East Tanjung Jabung regency in Jambi, Bulungan regency in East Kalimantan, and Semarang, Surabaya and Medan.

The Surabaya administration rejected the program over concerns it had no legal certainty and was politically motivated. Another 38 administrations have yet to provide funds for the PNPM, but have promised to allocate money next year.

The Coordinating Ministry for the People's Welfare, the PNPM executor, has accused the regional administrations of blocking efforts by the central government to fight poverty and unemployment through the program.

"This program has nothing to do with politics. The central government has provided technical assistance and part of the funding to execute the program, but this effort has been hampered by those who disagree," Sujana Royat, a deputy to the chief welfare minister for poverty eradication, told a press conference in Jakarta on Monday.

"We don't want people to put the blame on the central government for not being serious about addressing poverty, while in fact it is the regional administrations who are not serious," he said.

On Sunday, the President expressed his disappointment over the rejection of the scheme and told the opposing mayors and regents to clarify their decision.

"I don't have any idea why this program aimed to help people is being rejected. Please explain it to me and the people in your regions," Yudhoyono said, arguing that the program was crucial for creating jobs and reviving the local economy.

At the PNPM launch in Palu last year, the President asked people not to link this program with politics, saying he expected the program to continue even in the event of a change of government.

Sujana said that in 2007, the PNPM was implemented in 1,969 districts nationwide, using up some Rp 1.4 trillion of state funds. This year the scheme covered a total of 3,999 districts nationwide involving a budget of Rp 5.9 trillion, he added.

For next year, he said, his office would allocate Rp 11.01 trillion to cover all 6,408 districts nationwide, with each to receive Rp 3.2 billion.

Amid concerns that unemployment will rise next year due to the global financial crisis, the government plans to provide an additional Rp 5 trillion to finance the program, aimed to create 24 million jobs for laid-off workers.

Armed forces/defense

Civilian trials for TNI in the works

Jakarta Post - December 31, 2008

Abdul Khalik, Jakarta – In what has been hailed as a big step toward reforming the Indonesian Military (TNI), the House of Representatives and the government have agreed to allow civilian courts to try soldiers accused of criminal offenses.

But legal experts have criticized a disagreement over allowing the police to investigate TNI members for non-military crimes.

"Public courts will try accused TNI members, while public prosecutors and the military police will prosecute and investigate, respectively," Defense Minister Juwono Sudarsono told The Jakarta Post here Tuesday.

The agreement was reached by all 10 factions on the House's special committee deliberating a bill to amend the 1997 law on military tribunals, said committee chairman Andreas Pareira. He added the committee had agreed on articles granting public prosecutors and courts the authority to prosecute and try soldiers for non-military crimes.

"The main stumbling block is over who should investigate the accused soldiers," he said. "If we want to keep with the current legal process and the general court system, then the police must do the investigating – but the government insists the military police still do it."

The government's proposal, opposed by only three parties, looks likely to be accepted by the House. Those dissenting included the Indonesian Democratic Party of Struggle (PDI-P) and the National Awakening Party (PKB).

After three years of deliberation, the House special committee is now at the final stage of discussing the government-proposed bill on military courts, as it seeks to solidify civilian rule over the military.

Andreas, from the PDI-P, said if the factions failed to reach a compromise at the committee level over the sticking point of who would conduct the investigations, then the issue would be taken to a vote at a House plenary meeting early next year.

Observers say that with major parties such as Golkar, President Susilo Bambang Yudhoyono's Democratic Party, and the Prosperous Justice Party (PKS) backing the military police's role, the voting should be won by them.

However, University of Indonesia constitutional law expert Irman Putra Sidin warned that if the new law allowed the military police a role in the criminal cases of soldiers, it would violate the 1945 Constitution.

"Article 28 (d) of the Constitution rules on equality before the law. What is the difference between a civilian thief and a military thief? Both are thieves and must be probed by the civilian police," he said.

He added the Constitutional Court would likely annul the article if the government and the House insisted on granting the military police the authority to probe accused soldiers.

Irman also expressed concern that the military police might protect high-ranking officers accused of crimes.

"I fear the military police will only recommend administrative punishment for crimes committed by high-ranking officers," he warned. "If so, then many crimes within the TNI, including corruption, could go unpunished."

BPN, TNI agree to speed up land deal

Jakarta Post - December 31, 2008

Desy Nurhayati, Jakarta – The Defense Ministry, in cooperation with the National Land Agency (BPN), aims to accelerate the certification of around 3.6 million square meters of land belonging to the ministry and the Indonesian Military (TNI).

Defense Minister Juowno Sudarsono and BPN head Joyo Winoto signed a MoU agreed to speed up the certification process in Jakarta on Tuesday because it was deemed an urgent step in managing assets, including many currently under dispute.

"Currently, only about 10 percent of land belonging to the ministry and the TNI has been certified," Juwono said, adding that without moves to speed up the process it could take up to 45 years to certify all the land.

The minister said his office and the land agency still had to further calculate the final budget for financing the certification process.

Joyo said the BPN expected to complete the process in its entirety within the next 15 years. "We need the ministry to prepare all the legal and technical requirements and we will focus on finalizing it," he said.

The MOU will also assist in managing numerous plots of land which are currently being disputed by both business communities and locals.

"We will find the best solution for every single case and ensure these conflicts do not happen again," Joyo said, adding that the land agency would assign its officers as a mediator between the military and the public involved in the conflicts.

Military officers are frequently involved in land disputes nationwide, and in the past human rights violations have been linked with disagreements.

In a land dispute in Pasuruan, East Java, in 2006 four villagers shot dead after the government gave their land to the Navy to be used as a combat training area.

Joyo said the BPN would prioritize a mediation approach to settle the conflicts instead of bringing the cases to court. "We will also invite the National Commission on Human Rights to investigate if we find indications of rights violation," he said.

The MOU also agreed on the legalization of land at strategic locations for military and field training, he said. "It is important to secure the land for the sake of national defense," Joyo said.

Earlier this month, the BPN kicked off a mobile service of land certification called Larasita (Public Service for Land Certification).

The program, launched by President Susilo Bambang Yudhoyono in Klaten, Central Java, aims to provide inexpensive, simple, fast and accurate land certification and help address disputes over property ownership.

Furthermore, it was designed to eliminate land brokers and boost the tainted image of BPN, which is deemed as one of the most corrupt public institutions in the country.

Under the Larasita scheme, people no longer need to visit BPN office branches to register their ownership records because agency officers offer door-to-door services, as well as using the Internet and wireless communication systems to carry out the same tasks.

TNI pledges neutrality in polls

Jakarta Post - December 26, 2008

Jakarta – The Indonesian Military (TNI) has dismissed doubts cast over its promise of neutrality in the 2009 elections Thursday.

TNI spokesman Rear Marshal Sagom Tamboen said in a press statement the military had proven its non-partisan policy during the regional elections and would maintain it in the legislative and presidential elections.

Sagom was responding to a political party leader who recently expressed suspicions that the TNI and National Police were leaning toward certain parties and candidates ahead of the 2009 polls.

In a show of neutrality, TNI leaders have ordered military personnel not to exercise their legitimate right to vote. The TNI exit from practical politics is mandated by the amended Constitution, but critics have refused to take it for granted.

Economy & investment

30 state firms on stream to go private, mostly via IPOs

Jakarta Post - December 31, 2008

The government plans to sell shares in 30 state owned companies next year, most of them through the initial public offering (IPO) scheme, Deputy State Minister for State Enterprises Muhammad Yasin says. "Most of the firms will be privatized via an IPO, except those companies in which the government has only a small proportion of shares," said Yasin.

The privatization program will include several carried-over programs from this year, including IPOs of steelmaker PT Krakatau Steel, flag carrier Garuda Indonesia and Bank Tabungan Negara.

Yasin said the government expected to generate close to Rp 10 trillion (US$906 million) from selling around 30 percent of the shares in each of these companies.

"Before we offer the stake to the market, we will first offer current companies' stakeholders the chance to buy them," he said, adding proceeds from the IPOs would be used to restructure the companies.

Construction firms PT Pembangunan Perumahan and PT Waskita Karya are currently waiting for House of Representatives approval for their IPOs, according to Yasin.

The ministry initially planned to privatize 44 companies next year, but decided to postpone several of them due to the recent stock market collapse as a result of the financial crisis following the Wall Street crash in the United States.

Indonesia has 139 state-owned firms engaged in energy, mining, utilities, telecommunications, banks, services, and commodities. - JP/(hwa)

Rupiah stable now, may decline in 2009

Jakarta Post - December 27, 2008

Aditya Suharmoko, Jakarta – Approaching the year's end, the rupiah seems stable at around 11,000 per US dollar, after a wild volatility in the past months – but it may slightly depreciate entering 2009 as investors buy dollars to pay for their previous transactions.

With only a trading day left in 2008, that is next Tuesday, the rupiah touched 11,188 per dollar at 3:30 p.m. Friday in Jakarta, Bloomberg reported. The currency fell to 13,150 on Nov. 21, the lowest since August 1998.

Analyst Yanuar Rizki said the rupiah might float between 11,200 and 11,500 per dollar by the year's end, as investors were looking to purchase dollars to pay for their transactions. "It may further weaken in early next year as investors buy dollars to settle previous transactions," he said.

The rupiah was traded at 9,199 per dollar on Jan. 1, according to the central bank. Over the past two months, the rupiah has sharply depreciated, prompting the central bank to issue some regulations to limit the purchase of dollars.

One regulation for instance limits the purchase of foreign currencies in the equivalent of above $100,000 through spot, forward, or derivative transactions for Indonesian citizens or firms, by requiring that they provide underlying transactions and a tax file number.

Foreign parties, meanwhile, can purchase that amount of dollars through spot transactions only, subject to supplying the justifying documents.

Another regulation prohibits banks from making dollar transactions based on structured product investments to safeguard the rupiah against speculation.

Yanuar said those regulations helped the central bank maintain its foreign exchange reserves at $50.18 billion on Nov. 28, slightly down from $50.58 billion on Oct. 31. "However, the central bank should have been more aggressive by limiting global custodians from shifting their rupiah portfolios to dollars," he said.

A custodian is a financial institution responsible for safeguarding the financial assets of a firm or individual.

Yanuar said the portfolio shift from emerging countries, including Indonesia, to developed countries, most notably the US, was the main cause for the rupiah's recent slide.

Analyst Farial Anwar has said the rupiah will keep falling as long as foreign and local investors have little confidence in the local currency.

Finance Minister Sri Mulyani Indrawati said earlier the rupiah undervalued as people held onto dollars due to a lack of confidence in other currencies.

The central bank has repeatedly said it will seek to maintain the rupiah at a "good and stable" level, which should factor in Indonesia's macreconomic conditions.

A stable rupiah will help businesses coping with the global economic downturn. Businesses have calculated the rupiah at 12,000 per dollar for imports.

Firms invest less on weak demand

Jakarta Post - December 24, 2008

Ika Krismantari, Jakarta Post – In a clear sign of a slowdown, investment in the country's industrial sector is forecast to drop by 18 percent this year, from a year earlier, with a further decline expected next year as the impact of the global economic downturn peaks.

Investment in the industrial sector from both foreign and domestic investors is set to decline to US$5.9 billion this year from $7.2 billion in 2007, in anticipation of slower demand, in particular from overseas markets, as indicated by the latest data from the Industry Ministry on Tuesday.

The data shows the decline is mostly due to a large drop in domestic investment, estimated to have dropped by more than 50 percent to Rp 13 trillion ($1.2 billion) from last year's Rp 26 trillion, while investment from foreign investors in 2008 gained slightly by 1 percent going up to $4.7 billion.

Agus Tjahajana, the Ministry's secretary general, said the same bleak outlook would be likely to occur again in 2009, or to be even worse, with the global crisis likely to peak next year and hold back investment and growth in Indonesia's industrial economy.

"We don't have the figures yet as these will depend on various factors, including oil prices, which remain unpredictable," he said.

However, the ministry's business plan in 2009 has forecast the nation's industrial sector to grow at between 3.6 and 4.6 percent, compared to this year's forecast of 4.8 percent.

Among sectors likely to be hit hardest and suffer negative growth are textiles, leather and footwear (-2.2 percent), wood and forestry products (-0.2 percent) and as well as cement and non- metal resources (-1 percent).

Ansyari Buchori, the ministry's director general of metal, machine and miscellaneous industries, said his office predicted textile and footwear industries would be hit by declining demand from the US and European countries.

Seventy five percent of Indonesian textile products are exported, with 40 percent going to the US, 20 percent to Europe and 15 percent to other countries. While for footwear, 50 percent of local products are exported, of which more than 40 percent was exported to European countries.

Djimanto, a member of the advisory board of the Indonesian Footwear Association (Aprisindo), said the business outlook would be gloomy next year as foreign buyers had reduced their orders and new orders had yet to arrive for the second quarter of 2009.

It was feared that weaker demand could lead to cutting up to a million job as labor-intensive industries were expected to cut production capacity. Business players have estimated that layoffs next year could affect up to 1.5 million people.

No profits for footwear businesses next year as orders slow

Jakarta Post - December 23, 2008

Mustaqim Adamrah, Jakarta – The footwear industry may earn zero profits in the second quarter of next year as the global economic downturn has severely affected overseas consumer purchasing power, forcing local manufacturers to cut profit margins in a bid to remain competitive.

An advisory board member of the Indonesian Footwear Association (Aprisindo), Djimanto, said Monday that footwear manufacturers have been in tough negotiations with their business partners to secure deals.

"Foreign buyers have demanded order volumes to be lowered by an average of 30 percent compared to previous orders," he said on the sidelines of a two-day national meeting of the Indonesia Chamber of Commerce and Industry (Kadin).

"As a consequence, our manufacturers have yet to secure orders for the second quarter of 2009, and this may end up with us generating no profits, or worse with losses on orders," he added.

While forecasting that revenue for the industry would drop by 30 percent, Djimanto said the industry would feel good if it managed just to keep production capacity intact and to avoid more losses and layoffs, by squeezing out profit margins.

If the industry failed to book profits next year, Djimanto said, the government would consequently receive less revenue in income tax.

Orders for footwear are usually made three months in advance for three months of production. Manufacturers have secured orders of 400 million pairs of footwear for January-March deliveries, relatively similar to the 400 million to 450 million pairs ordered for deliveries in the fourth quarter this year, according to Djimanto.

For April-June deliveries, he said, manufacturers previously used to have orders secured by early December at the latest.

Weakening demand in the European Union, the United States and Japan has brought the industry to the brink. According to the association, 41 percent of total orders usually come from the United States, 30 percent from the EU, and 15 percent from Japan, while the remaining 14 percent are from other countries.

Djimanto said the industry had booked US$1.8 billion in full-year exports for 2008. The industry previously targeted to achieve a 10 percent export growth this year from $1.76 billion booked last year.

Analysis & opinion

Against odds, a year of living not so dangerously

Sydney Morning Herald - December 27, 2008

Tom Allard, Jakarta – Indonesia looms large in the Australian psyche as a dysfunctional country, besieged by natural disasters, financial crises, terrorist attacks and political and social unrest.

Survey the past year though, and what stands out is that this sprawling archipelago of 240 million people has suffered no such calamities.

More notable still, this developing nation of immense strategic importance to Australia has done so despite considerable pressures being brought to bear.

It was barely a decade ago when the global financial crisis convulsed Indonesia, affecting it more than any other nation as capital fled and the rupiah plunged.

This year, it was a different story altogether. As Wall Street went into a tailspin and its venerable financial institutions collapsed, Indonesia has ridden out the storm remarkably well.

Yes, the rupiah did take a dive and some of Indonesia's over- leveraged companies are looking shaky, particularly those owned by Aburizal Bakrie, a senior cabinet minister in the Government of Susilo Bambang Yudhoyono.

But while other countries are talking of deep recession, Indonesia expects its growth to slow to an entirely respectable 4 to 4.5 per cent. Its financial system remains well capitalised and the Indonesian Government has the capacity to stimulate the economy with lower interest rates and accelerated spending.

If a healthy economy is important to a successful society, then security is generally considered the other pillar of stability. On this front too, Indonesia has done well.

Consider also the execution of the Bali bombers. In the months leading up to their deaths, Amrozi, Mukhlas and Imam Samudra appeared almost daily in Indonesia's media urging their supporters to avenge their deaths.

It was a surreal circus, a reflection of the corruption and lax security in Indonesia's prison system and the rapacious nature of the country's otherwise admirably free press.

Certainly, no terrorists in recent history have been presented with such a pulpit to espouse their views to the masses and call for carnage.

To be sure, it spooked the Australian Government, which reissued travel warnings and urged schoolies not to visit Bali. Indonesian police also came out in force.

What happened? A few teenagers sent text messages warning of bomb attacks on embassies and Jakarta's shopping malls. They proved to be hoaxes and there were no bombings, just a few scuffles between police and Islamists, some threats to foreign reporters and a bit of chanting and fist-waving for the cameras.

If ever there was a time for the terrorist group Jemaah Islamiah to launch an attack and garner maximum publicity, this was surely it.

It is a credit to the work of Indonesia's counter-terrorism police and a testament to the revulsion most Indonesians feel towards "Amrozi and friends", as the Bali bombers are known here, that nothing happened.

But, while most Indonesian Muslims are moderate, many would argue they are, on the whole, less moderate than they were 10 or 20 years ago. Two events in 2008 showed how Dr Yudhoyono, at least, seems to think that there is political mileage in pandering to fundamentalist Muslims.

He endorsed a law preventing members of the breakaway Islamic sect Ahmadiyah from proseletysing, a move that followed a violent campaign by Islamic extremists to have the group banned. Ahmadiyah has been active in Indonesia for almost 100 years and its effective banning is a blow to the credibility of the country's official pluralist ideology.

And, this month, Yudhoyono gave his approval to a loosely framed anti-pornography bill which potentially outlaws anything – from porn videos to suggestive art – that arouses sexually. It was a calculated political ploy by Dr Yudhoyono to get support in next year's poll from Islamic parties, who have been noisily pushing for the new legislation for years.

But many observers believe the law risks unravelling Indonesia's social cohesion and poses a threat to the cultural integrity of regions such as Bali, Sulawesi and Papua, where the naked form is a longstanding feature of art and culture.

Avoiding anarchy in student actions in lead up to elections

Kompas - December 30, 2009

Jakarta – Like previous years, 2008 was marked by a variety of actions by students who took to the streets opposing government policies that they believe harm the people.

Only, in concert the approach of the 2009 legislative and presidential elections, so too has the tendency for these student actions to end in clashes and violence.

Not only that, over the last year the tendency for clashes to break out between students themselves – both from the same campus as well as between campuses – has also been widespread. Ironically, gang fights such as this have not just resulted in physical injuries, but have also left behind damage to campus facilities. Not infrequently, these clashes have been caused trivial issues.

This phenomenon has given rise to questions about the direction as well as the spirit of the student movement, particularly when it is placed in the Indonesian political context, the temperature of which is indeed rising in the lead up to the 2009 legislative and presidential elections.

According to North Sumatra University Student Administration President, Fritzen Harianja, actions in which students take to the streets at the moment are more to do with the desire to demonstrate that the movement still exists. "There are no joint issues being struggled over. Students are taking to the streets more because they want to show that students still have a movement", he said.

An activist from the Politics for the Poor-National Student League for Democracy (LMND-PRM), Eman Sulaiman, also believes that no formula has yet been found to united student actions.

The fragmentation of student groups has not just occurred within the movement, but also over the issues being taken up. Although they are all articulating the interests of the ordinary people, they are also sometimes not of one voice. For example, one group opposes the commercialisation of education, while another is calling for improvements in workers and farmers' welfare.

This point is also conceded by Andika Syahputra from the North Sumatra State Institute of Islamic Studies (IAIN) Student Senate. According to Syahputra, the triviality of the issues being struggled over has tended to cause the public, media and the government to be "silent" over student actins. "In the end we take the road of anarchy. If there is no anarchy, the media doesn't cover it. If it's not covered by the media, the public and the government won't know about our actions", he said.

Chaos during protest actions, such as breaking into the House of Representatives building, scuffling with police or blockading roads, according to Sulaiman, represents one of the movement's tactics. Trough these "excesses" they hope to attract the attention of the public and the government and show that there are crucial issues that have to be confronted together.

One of the coordinators of the National Student Front (FMN) in the Central Java city of Yogyakarta, Dadang Setyabudi concedes that actions by his group can indeed be categorised as severe, such as setting fire to tyres or blockading roads.

The presence of the media, particularly the electronic media, is acknowledged by activists as being a trigger or inspiration for holding rowdier actions. "If it's carried by the media, what we are articulating can be conveyed. Because of this therefore, comrades sometimes get out of control and do things that will get in the media", said Khairil Akbar, a Faculty of Social and Political Science student at the Hasanuddin University in the South Sumatra regional capital of Makassar.

He also added however, that protest actions that end in clashes are not always the fault of students. Many clashes are also triggered by security personnel who don't understand the character of students in Makassar.

Lost role

University of Indonesia sociologist Imam B. Prasodjo, North Sumatra University sociology professor Dr. Badaruddin and education observer Darmaningtyas all agree that the student movement has experienced a leveling off, with students loosing their [central] role after the political situation changed.

"During the periods of the Old Order [of Indonesia's founding President Sukarno] and the New Order, students became a moral force to push for good governance. Many people depended upon students", said Prasodjo.

In the era of reformasi, political issues are able to be taken up by many different parties. The emergences of non-government organisations (NGOs) working on issues that are very specific has resulted in the student movement becoming steadily hemmed in. In competing with NGOs that have strong networks, students carry less weight. "Students are seeing that their actions don't ever receive a response. If we look at peaceful student actions up until now, they are considered to be just ordinary affairs by the government", said Badaruddin.

Aside from frustration, said Darmaningtyas, there are also student groups that have indeed chosen severe methods, namely getting involved in clashes in order to attract more attention. This situation then gives rise to a "consciousness" among students, who believe that presence of the mass media can be taken advantage of.

Diplomatic struggle

Arie Dudjito, a sociology lecturer from Gadjah Mada University in Yogyakarta suggests that the student movement undertake a diplomatic method of struggle that will minimalise the risk of violence breaking out, such as through parliamentary channels or civil disobedience. "If violence continues to occur, they will loose the public's sympathy", he said.

The Director General for Higher Education at the National Education Department (Depdiknas) Fasli Jalal believes that there are a number of factors that trigger disputes both on campus and anarchy outside of campus. One of these is the systems of cultivating new students, which give birth to traditions of seniority.

Depdiknas has already budgeted adequate funds to improve student activities in 2009, namely providing 2 billion rupiah to a number of higher education institutions to develop entrepreneurship among students. Higher education institutions are also being assisted with activities to develop academic aptitude, academic research and the development of student academic journals. State higher education institutions will also receive 1 billion rupiah in funds to develop student activity units. (INE/BIL/ENG/WER/NAR/REN)

[Translated by James Balowski.]

Human rights in 2009: Year of forced choice

Jakarta Post - December 23, 2008

Usman Hamid, Jakarta – 2009 will be the year of politics – electoral politics to be precise. Thus, when one attempts to speculate on the human rights situation next year, the result will probably take a very political slant. Human rights will be positioned against the backdrop of a turbulent political struggle for legislative and executive power, the result of which will determine the future direction of the protection of human rights.

Furthermore, 2009 has been marked down as the year of global economic recession. Thus, as well as being dependent on the transition of domestic power, the human rights situation will also be heavily determined by the global financial crisis and the food, clean water and energy shortages, all of which have the potential to trigger drawn out conflicts.

What can be done in this kind of environment? Not many options will be available; indeed, it will be difficult for us to determine our own hopes and choices and most probably we will have to choose among options that are not appealing to begin with – a forced choice.

During this first decade of reform, there has been a shift in the approach to human rights, from the politics of redistributive justice to recognition politics. The first prioritizes the public interest and political substance as the basic struggle. The objective of the second is to promote identity antagonism, which erodes justice in political and economic distribution, such as in the relationship between laborers and their employers in terms of workers' rights, or farmers and landowners in terms of agricultural reform, or the issue of the poor in terms of development and gross human rights violations during the Soeharto era. These were the issues that triggered the 1998 reform, but more recently they have come to be neglected.

2008 saw a slight opening of the window of opportunity. Victims of gross human rights violations met with the President, the coordinating minister for political, legal and security affairs, the justice and human rights minister, the Cabinet secretary, the foreign minister and even the defense minister. The President has also opened the Witness and Victim Protection Institution.

Unfortunately, the measures that President Susilo Bambang Yudhoyono and the current special committee of the House of Representatives (Pansus Orang Hilang) dealing with the case of enforced disappearances in 1997-1998 have taken in resolving gross human rights violations have been seen as efforts to create a good political image in the lead-up to the 2009 elections or to weaken political rivals who were involved in gross human rights violations.

These accusations could have been dismissed as groundless if law enforcement agencies and relevant ministers took a firm stance. Instead, some ministers have been too busy advertising themselves politically. They have been promoting the performances of their respective ministries, while inserting their own profiles for their own political interests, as if they fear being left behind by other candidates or parties. These promotional activities are clearly for political interests, because indeed the success of a ministry cannot be demonstrated through advertisements colored by pomp and makeup.

A simple example of the paradigm shift in human rights during the past year is the enactment of legislation based on religious- moral grounds such as the anti-pornography law or the declaration of individuals or groups as heretical – which triggered violence – and even the promotion of family values in political campaigns.

When the pornography bill was in the deliberation stage, the central issue in the debate was not about how serious the government was in tackling the problem or how effective the law would be in dismantling the pornography industry. Rather, it was about how virtuous people were. In other words, if one was to be considered devout and moral, then one would support the bill's enactment.

This is a dangerous shift. In various political contests, it is as if religious symbols have become the yardstick for measuring someone's suitability to be elected into a leadership position. In anticipation of the 2009 elections, public relations consultancies have helped the development of the mass media industry escalate to extreme proportions.

Political figures and alleged criminals have been turned into idols. Parties with no clear political track record suddenly emerge out of nowhere as icons of the Great Indonesian Dream. One party, formerly known for its self-proclaimed status as clean, caring and anti-corruption, suddenly put out an advertisement naming the world's most corrupt leader as one of the nation's heroes.

In another corner one can see individuals who have been named as opponents of human rights emerge as civilized intellectuals, competing in the political race by donning a new mask, such as fighter for humanity or defender of the poor.

Officially the general election has not started, but apparently in reality it is well under way, if prematurely. All the players in the next general election have started the race for gaining the most sympathy and votes. They do so by applying heavy proverbial makeup and proclaiming lip-service pledges. Their financial resources to do so seem to be boundless.

The advertising and campaign consultants know what to do and how to do it well. All the political advertisements have been scripted and produced in cinematographic quality, specifically designed to portray a certain image. Is it true that such and such a person has this particular national economic program? The advertisements offer no clarification. Advertisements in the business world often serve more as a feel-good lie rather than a means of educating consumers. This is also the case with political advertisements. At the end of the day they diminish further the substance of democracy.

The serious repercussions of this approach to politics is that the whole process fails to yield a political leader who is genuinely struggling for politics as a virtue. This is the shape of things to come in 2009 from the perspective of domestic politics.

As 2009 is going to be the year of global recession, the increase in the number of workers subject to mass layoffs across the world will be a specific and serious issue for human rights protection in Indonesia. The drop in the average income will cost many people their basic rights, such as the right to an adequate livelihood and even the right to work.

Furthermore, the struggle for the increasingly limited resources of food, clean water and energy – all forecast to be in crisis next year – can trigger conflict and violence. It is the global hope that this serious problem will not meet a dead end and that the election of Barack Obama as the next US president can bring about economic recovery in the United States, in turn bringing about the recovery of the global financial system.

The world's political environment next year will likely be dominated by the tensions resulting from identity politics. Aside from territorial invasions over energy sources, the Mumbai attacks have driven a deeper wedge between Islam and the West.

The present antagonism seems to ignore other possible motives. It is as if the complexity of Indian domestic politics can be simply explained away by the terrorist inclinations of al-Qaeda. In truth, however, a genuine solution to this problem will require international and interfaith dialogues.

Against this backdrop, what is the best approach for the protection of human rights? Where does human rights protection fit in the 2009 political matrix? There will be more than 30 political parties competing in the general election, but how many of those will include human rights protection on the national agenda and in their plans for future reform?

2009 will be a year of dilemmas. We will have to choose from unacceptable choices. This is the logical consequence of impunity. Legal procedures and mechanisms have been sabotaged to ensure failure in bringing to justice those responsible for the gross human rights violations in East Timor and the various other crimes in Indonesia's history. The appearance of the alleged perpetrators on the stage for the upcoming general elections seems to throw more whitewash over actions that have been proclaimed as criminal under international human rights law.

The political stage has become an arena for the idols. It is no wonder the prospective number of nonvoters has increased. This is the political phenomenon of voters protesting by silence, because the voice of the voters will remain unheard by the candidates. Yet if this continues unchecked, the result is political death. Politics will no longer be discussed within a substantive framework.

It is hard not to be skeptical in the face of these trends. Should human rights activists raise funds so they can produce advertisements to compete with those of the political candidates? If that is the arena where the contest is to be played out, the human rights community is guaranteed to lose. Perhaps we need to cast a nostalgic eye to the past, looking at what we did before the reform, in the era when the discourse of human rights was developed as part of discussions geared toward redistributive justice rather than identity politics.

Although the situation is political, hope prevails. For example, promoting various human rights platforms to all political parties could lead to breakthroughs. Another measure that could be taken is to promote the establishment of a Pro Human Rights Parliament Caucus.

The idea for this caucus took root after a number of prominent candidates joined the election. It is not easy for them to determine the stance their parties will take. Yet it is not impossible to establish a multiparty human rights caucus to ensure the parliament will be more sensitive to human rights protection.

This can also be directed toward the struggle at the parliament level to ensure a government Cabinet that is pro-human rights. Whoever the next president and vice president turn out to be, whether or not their Cabinet is pro-human rights will be reflected in the composition of the ministers appointed, especially for the positions closely related to law enforcement and human rights, namely the justice and human rights minister, the attorney general and the National Police chief.

[The writer is director of Kontras (Commission for Missing Persons and Victims of Violence).]