Jakarta – Thousands of Indonesian Muslims on Sunday protested Israel's military offensive against the Gaza Strip that has killed more than 400 people. In the capital Jakarta, more than 2,000 Muslim followers from Hizbut Tahrir hardline group, rallied at the National Monument near the US embassy.

In the adjacent Depok district, more than 3,000 Muslim activists from the Islamic-based Prosperous Justice Party, marched through the city's main street, condemning Israeli's brutal airstrikes, witnesses said.

Protestor leader Farid Wadjdi urged the government to sent troops to Gaza to help defend the Palestinian people against the onslaught.

Similar anti-Israeli rallies were also held in several other cities, including in Bandung of West Java, Surabaya and Bojonegoro in East Java province, Purwokerto, Solo and Kendal in Central Java, Banjarmasin in south Kalimantan, and Makassar in south Sulawesi, local media reported.

Indonesia, the world's most-populous Muslim country, is a staunch supporter of the Palestinian struggle for nationhood and has no diplomatic relations with Israel.

Protesters out in force to lambast Israel, US

Jakarta Post - January 3, 2009

Jakarta, Bandung, Malang, Medan – Tens of thousands of people took to the streets of cities across the country on Friday to denounce Israeli air strikes on Gaza that have killed 425 people in the past six days.

The protesters accused the United States of supporting the attacks, raising strong and renewed anti-American sentiment among Indonesian Muslims.

Muslim scholars and observers have warned of a rise in radicalism and retaliation against Western targets over the air strikes, after the United States and its Western allies failed to condemn them.

The protesters stopped short of slamming Hamas, which Israel and some Western countries accuse of having provoked the attacks.

In the capital, about 100,000 protesters hit the streets in downtown Jakarta. The demonstrators, mobilized by the Islamic- based Prosperous Justice Party (PKS), marched on the US Embassy on Jl. Medan Merdeka Selatan, Central Jakarta, from the Hotel Indonesia traffic circle.

"As of today, every Islamic element in the country and the world must stand together to fight Israel and their American allies," PKS president Tifatul Sembiring told the applauding crowd gathered outside the embassy compound.

"I also demand that US president-elect Barack Obama fulfill his slogan, 'Change We Can Believe In'. Obama must not support Israel as the Bush administration does."

The protesters, carrying anti-Israeli and US banners and yelling "Allahu Akbar" (God is great), came from Jakarta and PKS branches in Bandung, Depok, Bekasi, Bogor and Banten.

Fadli Amirulah, 27, came from Bandung, bringing with him some 1,000 protesters to show their support for peace in Gaza and for the Palestinians' struggle against Israel.

He and fellow protesters urged young people to start boycotting US and Western products. "We have data that shows some of the profits made by companies such as McDonald's and Coca-Cola are allocated to the Zionists. We must stop using their products to cut their funding," he said.

In Bandung, hundreds of members of the Islam Defenders Front (FPI) and United Islam (Persis) staged an anti-Israeli rally in the city center, condemning the attacks and burning pictures of Israeli Prime Minister Ehud Olmert and US President George W. Bush.

Twenty-two Muslims, including four women, have registered with the FPI to fight against Israel in Gaza. "I saw on TV how cruel Israel was. I couldn't stand to watch children being killed. So I joined as a jihadi to prepare to die," said Herlina, 43, a mother of one.

A similar rally was also held in Malang, East Java, involving thousands of members of the PKS, the National Mandate Party (PAN), Muhammadiyah, Hizbut Tahrir Indonesia (HTI) and the Indonesian Islamic Youth.

In Medan, North Sumatra, 95 people have volunteered to be sent to Gaza to fight Israel. "We plan to send 100 people to Gaza in the first stage. Now we only need five more people to begin sending people there," said Indra Suheri, the FPI's North Sumatra FPI secretary.

Large protests also took place in Ternate, North Maluku, and Banda Aceh, Aceh province. (hdt)

[Yuli Tri Suwarni, Wahyoe Boediwardhana and Rizal Harahap contributed to this story from Bandung, Malang and Medan, respectively.]

PKS rally snarls Central Jakarta

Jakarta Post - January 2, 2009

Jakarta – Thousand of Prosperous and Justice Party (PKS) members from across Greater Jakarta staged a rally at the Hotel Indonesia traffic circle in Central Jakarta on Friday, causing traffic tie-ups around the area.

Kompas.com has reported the rally has held up busses and cars coming into the major intersection from the south.

Central Jakarta Police have deployed 500 officers to keep the peace and regulate traffic. They have already confiscated three containers containing sound systems and have both a water cannon and a paddy wagon in case rioting occurs.

During the rally, demonstrators set out blue donation boxes so passers-by could contribute.

PKS chair Tifatul Sembiring said the party condemned Israel's air raid attacks on Hamas in the Gaza Strip and urged all Muslims to join the fight against Israel. "We have to unite. If we don't, we will have failed," he said during the rally. (ewd)

Muslims in Bali demand US stop Israeli aggression

Jakarta Post - January 2, 2009

Hundreds of people in Bali staged a rally in front of the US Consulate in Denpasar on Friday demanding that country exercise its influence to stop Israeli attacks on Palestinians.

State news agency Antara reported those joining the rally were mostly Muslims living on the predominantly Hindu island and also sympathizers of the Prosperous Justice Party (PKS).

The rally began at the governor's offices then set off on a 1- kilometer march to the consulate. During the march protesters sang an Indonesian national song, "Maju Tak Gentar" (Press on bravely), while carrying banners bearing slogans such as "Free Palestine", "Stop Israeli Predators" and "Boycott Israeli Zionists".

The protestors also asked for donations from rally onlookers. They said the money would be used to fund humanitarian aid in Gaza. The rally went peacefully, but there was no response from the consulate siunce officials were still on their New Year's holiday. (and)

Aceh

Election campaign in Aceh tainted by intimidation, threats

Kompas - January 7, 2009

Banda Aceh – Intimidation through setting fire to political party offices, banners, billboards and campaign advertising and threats against legislative candidates has tainted the administration of the 2009 elections in Indonesia's northern-most province of Aceh.

The ordinary people do not have the courage to stand up against this, and the recently established Aceh Election Supervisory Committee (Panwaslu) said that it is unable to take any action whatsoever if there are no reports from residents.

This intimidation was related separately by Aceh People's Party (PRA) general secretary Thamren Ananda, Bireuen regency Democrat Party regional leadership board chairperson Muhammad Ali and Justice and Prosperity Party (PKS) regional advisory board member Raihan Iskandar in the provincial capital of Banda Aceh on Tuesday January 6.

The latest incident was the burning of a PRA billboard and two Aceh Party (established by the Free Aceh Movement, GAM) sagoe (village) offices in South-East Aceh by an unidentified person or persons.

Ananda said that the intimidation that they have been subject to has no just been the disappearance of party flags, but also verbal abuse against its members and residents, who have been intimidated not to vote for a particular party. These threats are rarely disclosed by the mass media.

Iskandar added that as a consequence of this intimidation, residents often prefer that party officials not visit to their homes. "They are afraid of being considered sympathisers of a particular party. If they're found out, it is dangerous for them and their families", he reiterated.

Muhammad Ali related how aside from the disappearance of party flags from various parts of Bireuen, Democrat Party legislative candidates have also been intimidated by being asked not to conduct election campaigns. This is not the first time that such incidents have occurred. Ananda stated that intimidation and violence such as this does irreparable damage to democracy.

Aceh Panwaslu chairperson Nyak Arief Fadillah Syah said that up until now they had yet to receive any reports about this intimidation. "The information is still minimal. We cannot take action if there is no official report", he said.

Nyak Arief warned that the best thing for political parties to do is to compete fairly in order to attract support. Political parties and other parties that carry out intimidation to win over a certain group could end up not being elected by the people. Iskandar also emphasised asserted that the public must oppose such intimidation by specific groups. (mhd)

Notes:

In a follow up report by Kompas on January 8, the paper reported that the PRA and the Democrat Party have reported the intimidation to Panwaslu, although there was still no mention of who or which groups were responsible.

[Translated by James Balowski.]

Human rights/law

Ombudsman body warns top court

Jakarta Post - January 8, 2009

Jakarta – The National Police are the most responsive state institution when following up on public complaints while the Supreme Court (MA) is the least effective, the Indonesian Ombudsman Commission said Thursday.

"We received many complaints from the public concerning the police, but the institution is quick to respond," commission chairman Antonius Sujata said after meeting with President Susilo Bambang Yudhoyono at the presidential office.

"Among the least responsive institutions was the Supreme Court. They are slow in responding to our recommendations but offer no explanation for their poor performance," Antonius said.

The Supreme Court has been widely criticized for its lateness in handling cases and has been dubbed one of the most corrupt and poorly reformed state agencies.

The commission is responsible for supervising public services conducted by state and private institutions, and offers recommendations to institutions which receive complaints.

The commission has now been issued greater authority with the passing of the 2008 Law on Ombudsman, which allows it to impose administrative sanctions on an institution which ignores its recommendations.

Antonius said the commission receives more than 1000 complaints every year, with 80 percent being followed up on.

Former top spy seeks protection from Komnas HAM, challenges Kasum

Detik.com - January 8, 2009

Ari Saputra, Jakarta – Feeling boxed into a corner by many circles, former National Intelligence Agency (BIN) deputy chief retired Major General Muchdi Purwopranjono 'has poured out his heart out' to the National Human Rights Commission (Komnas HAM).

The deputy chairperson of the Greater Indonesia Movement Party (Gerindra) has asked Komnas HAM for protection due to the legal uncertainty that has followed his recent acquittal on charges of murdering renowned human rights activist Munir.

A team of attorneys representing Purwopranjono arrived at the Komnas HAM offices on Jl. Latuharhary No. 4B in Central Jakarta on Thursday January 7 at 1.30pm.

Purwopranjono himself was not present on the advice of his attorney Mohammad Assegaf in order not to give the impression of putting pressure on Komnas HAM. Also present were lawyers Mahendradatta, Wirawan Adnan and Lutfie Hakim. They were received by Komnas HAM deputy chairperson Rida Saleh. Purwopranjono's attorneys also brought a photocopy of the judges' verdict, case documents and video recording of the court hearings.

Mahendradatta conveyed three requests form Purwopranjono to the commission. First, asking for protection from Komnas HAM because of legal uncertainties since he was acquitted.

Second, that Komnas HAM should not make any statements in relation to the court's verdict because it does not have the authority to do so.

Third, that Komnas HAM not pressure the Attorney General's Offices to submit an appeal to the Supreme Court. This is because based on article 244 of the Criminal Procedural Code, an appeal cannot be made against a verdict that acquits a defendant.

"Because of this therefore, we are reporting to Komnas HAM because legal certainty has been violated. The defendant has been repeatedly put under pressure by [law enforcement] officials, the media as well as Komnas HAM that have boxed our client into a corner stating that he is guilty even though he had not yet been convicted by the courts", explained Mahendradatta.

Mahendradatta also claimed there were elements in society that emphasise with Purwopranjono. "We challenge Kasum (the Solidarity Committee for Munir – ed) and however many groups that want to. We'll line up at the East Senayan parking area. [We'll see] who sympathises with us, and who sympathises with Kasum", he challenged.

Saleh responded by saying that Komnas HAM cannot comment on the substance of the verdict acquitting Purwopranjono.

"We have simply commented on the impact of the court's verdict. We have asked the Attorney General to submit an appeal to the Supreme Court for the sake of legal certainty and the political will of President [Susilo Bambang Yudhoyono]. It was a collective decision coming out of a Komnas meeting. So we can't all of a sudden just withdraw the request for the AGO to submit an appeal", said Salah. (aan/nrl)

Notes:

Mahendradatta and Wirawan Adnan both have a history of defending a number of less than reputable clients. Mahendradatta, who is a member of the Muslim Lawyers Team (TPM), recently represented Islamic Defenders Front (FPI) members over an attack against the National Alliance of the Freedom of Faith and Religion (AKKBB) in which 70 activists were injured. He also represented former East Timor militia leader Eurico Guterres during a review against his 10 year jail sentence for which he was later acquitted by the Supreme Court. Wirawan Adnan recently defended former Garuda Indonesia pilot Pollycarpus Priyanto in a judicial review of his conviction for Munir's murder. Prior to this he also defended Amrozi, one of the three men executed last year for their role in the 2002 Bali bombings and militant Islamic cleric Abu Bakar Bashir over his involvement in the bombings, for which he was subsequently jailed for 30 months. The irony of this report of course is that Komnas HAM has frequently been the target of protests by military-backed and right-wing organisations such as the FPI precisely for its defense those who have been victimised by these groups.

[Translated by James Balowski.]

2009 another 'tough year' for human rights campaign

Jakarta Post - January 7, 2009

Erwida Maulia and Ari Hermawan, Jakarta – The country faces yet another tough year in 2009 in promoting human rights, with the issue of elections likely to drown out all others on the national scene, the Indonesian Legal Aid Institute (YLBHI) warned Tuesday.

YLBHI chairman Patra M. Zen said at a press conference that unresolved rights violations cases throughout 2008 would set a bad precedent for efforts to uphold basic rights this year.

Patra was referring to, among others, the recent acquittal of former top spy Maj. Gen. (ret) Muchdi Purwopranjono of all charges in the murder of rights activist Munir Said Thalib, and the interminable delay in compensation payments for victims of the Lapindo mudflow disaster in Sidoarjo, East Java.

"Rights issues will be put aside and submerged amid the public uproar ahead of the polls, starting from the legislative election on April 9. Political parties will only talk about human rights in their political jargon or as a tool to help boost their image," Patra said.

However, Foreign Minister Hassan Wirajuda told a press briefing the recent verdict exonerating Muchdi would not tarnish Indonesia's image at the international level.

"So far we have not received any statement of concern or apprehension from any party over Muchdi's acquittal. This has not been a problem because legal matters are entirely a domestic affair," he said.

But Patra insisted Indonesia's failure to settle past gross human rights abuses allegedly involving some of the country's top politicians could exacerbate the progress made in upholding human rights principles in the country.

The failure to put rights criminals in prison, he went on, meant they would stand a greater chance of retaining control over the country and thus shielding themselves from possible criminal investigations related to the rights abuse cases.

In a report distributed to the media, the YLBHI said that throughout 2008, the government successfully put out more regulations than in the previous year, but noted some of these, including the election laws, the electronic information and transaction law, the education legal entity law and the anti- pornography law, could potentially threaten individual rights.

The report also said the police and prosecutors office were the two state institutions most complained about to the legal aid institute for alleged minor rights abuses, while the Constitutional Court and the National Commission on Human Rights were among the most trusted institutions in 2008.

The report also named several departments as causing "impediments" to rights efforts in Indonesia, including the Justice and Human Rights Ministry, the Attorney General's Office, the Public Works Ministry, the Health Ministry, the House of Representatives, courts and the Foreign Ministry.

Patra also praised the government for finally allocating 20 percent of the state budget to education in 2009, but warned of poor implementation.

"We suspect the increased budget is mostly to improve the image of the current government. For instance, it may spend only a little to reconstruct school buildings, but much more to advertise its action," Patra said.

Suciwati: Many of the facts came from their side

Tempo Magazine - January 6-12, 2009

The verdict passed on Muchdi Purwoprandjono, on Wednesday last week, was a shock to 37-year-old Suciwati. Muchdi, a suspect in the murder of her husband, Munir, was acquitted. "It hurt," she said. "But I must remain rational. I cannot be emotional."

Even though Suciwati initially said that she doubted the judges who were presiding over her husband's case, she still hoped that they would convict Muchdi, particularly since some facts clearly revealed his connection with Pollycarpus, the pilot convicted of murdering her husband who was sentenced to 20 years in prison.

Suciwati has made some effort of her own to discover the identity of the true mastermind behind her husband's murder. She believes that Pollycarpus was just the executor, not the architect.

In addition to meeting with President Yudhoyono, she has asked for help from legislative members of foreign nations, among them the United States, Australia and Canada, asking them to pressure the Indonesian government to solve her husband's death seriously. She also spoke to the UN Human Rights Commission about the death of Munir and the weak investigation and prosecution of his murder case.

On Wednesday last week, at the office of Kontras, the institution established by her late husband, she received Tempo reporter Munawaroh for an interview. "Later after I get home I will tell the children that Muchdi was released. There is still a long way to go," said this mother of two, Alif Allende, 9, and Iva Suukyi, 5. Excerpts of the interview:

What are your thoughts on the judges' decision to release Muchdi?

I saw that there was an imbalance in the facts presented. In several instances, the facts were taken from their side (Muchdi), not from our side.

Many facts were not highlighted by the judges, for instance the testimony of Indra Setiawan (CEO of Garuda Airlines), who explained that there was a connection between Pollycarpus and Muchdi in producing a [job assignment] letter for Indra. The same goes for Budi Santoso's (a State Intelligence Agency or BIN agent). The testimony of my witness, which was crucial, namely that myself and Munir received abduction threats, was not included in the hearing.

Did you expect that the verdict would turn out like this?

I felt that way from the start. The credibility of the South Jakarta District Court is bad. From the outset we felt, oh no, it's South Jakarta. Then the judges, sadly, were the same judges again. These were the ones who gave them that infamous image. Among them were those who had decided in favor of Tommy Suharto, or rejected the pretrial motion to dismiss the Suharto case. It was judges like these who handled the case,

Were you still optimistic when you found out which judges would be passing judgment on Muchdi?

Yes, I had to keep my hopes alive. I still believed that not everyone in our legal system is bad. I believe that everyone has a chance to change. Maybe that was true of other cases. However, for the Munir case, because it received international and complete national attention, I thought they would be more cautious. It turned out that they were not. The verdict has been made. What are you going to do now?

I feel I'm not alone. I am still going to fight until the truth of this case comes out. Many people support what I am doing, and their support is real: they come to the hearings, heat things up in front of the Presidential Palace, and state that they will continue their support no matter what. That energy keeps me from giving up.

Did you see any pressure on the judges to make such a decision?

We can see for ourselves. Today [Muchdi's supporters] controlled the hearing.

Do you still believe that Hendropriyono, Muchdi's superior in BIN at that time, was involved in the case?

We have looked at the facts from the beginning. A BIN agent testified that he was once ordered to kill Munir, through Deputy II and Deputy IV. Then Pollycarpus was found guilty of committing premeditated murder. We could see how Pollycarpus came to be working for aviation security. It was because of a BIN request. Then there was the letter which was signed by the BIN Deputy Chairman. All this indicates that someone in a higher position is required, given that those deputies are compartmentalized. It is not possible for them to coordinate to carry out a single order, unless it is being made by the one at the top. (In an interview with Tempo in July, Hendropriyono denied that there was a BIN operation to kill Munir.)

Does Muchdi's acquittal mean that Pollycarpus was sacrificed in this case?

No, he was just the executioner. We knew that from the beginning. The problem is, the judges are not credible. This court is not a credible court.

The prosecutors will certainly file for an appeal?

Yes. We are also monitoring to ensure they do it right, not to leave anything out. The prosecutors said they will appeal, but they could very well evade us.

Muchdi's side claims that they are going to sue all who damaged his reputation, including you.

Let him do that. This country has a legal system with due legal process. I feel that this is just a way of diverting the issue. We are going to stay focused on how to break this case. That's all.

Are you still optimistic that the case can be broken to reveal who orchestrated it?

Yes I am. Like I said, I have to keep my flame of hope alive. If that flame is extinguished, then I won't know what to do. Right now I am protecting that flame.

Muchdi Purwoprandjono: I always knew I would be acquitted

Tempo Magazine - January 6-12, 2009

A smile graced the lips of 59-year-old retired Major-General Muchdi Purwoprandjono. All through Wednesday afternoon last week, he received a never- ending stream of congratulations from colleagues and relatives. Speaking to journalists waiting in front of his home in South Jakarta, he even managed to joke about the situation. "On account of you, I've become famous," said the former commander of the Army's Special Forces (Kopassus) laughing loudly, who on Wednesday last week was declared "acquitted on all charges" by a panel of judges at the South Jakarta District Court.

As soon as last week's court hearing closed, Muchdi set off from the Police Mobile Brigade detention center in Kelapa Dua, Depok, where he had been confined for the last six months. Aside from packing his belongings, the father of three bade farewell to several of his "cellmates" including among others retired Police General Rusdihardjo, former prosecutor Urip Tri Gunawan and Aulia Pohan, a former Bank Indonesia deputy who since last November has been held at the detention center.

After making his farewells to the other prisoners, Muchdi set off for home, where a small family thanksgiving ceremony awaited him. About 40 orphaned children from Cimanggis in Depok were invited to the event.

Muchdi admitted he was extremely happy to be able to get together again with his friends and family. The chairman of the Indonesian Pencak Silat Association board of directors who according to his friends was nicknamed "Jango" – in reference to a trigger-happy spaghetti western cowboy of the 1960s films – stated that he would become active again with the Greater Indonesia Movement Party (Gerindra), a political party he established along with retired Lieutenant-General Prabowo Subianto, who is also a former Kopassus commander. In between receiving guests who arrived one after another on Wednesday last week, he answered questions from Tempo reporters, Ramidi and Rini Kustiani. Excerpts:

The judges finally acquitted you of all charges.

Yes, I thank God. I also thank the panel of judges who made the decision based on the legal considerations that existed, not in the interests of other people, the interests of particular groups, or international interests.

Were you sure you would be acquitted?

I was positive. Yes of course, there was no evidence whatsoever or any witnesses to implicate me.

How do you see the case that led to you being dragged into court?

I believe we are a constitutional state. Go ahead and process or investigate [a person] legally. [But] do not accuse a person based on assumptions or [political] manipulation. That can destroy a person.

You are free, but the prosecution plans to appeal to the Supreme Court.

An appeal to the Supreme Court is the prosecution's prerogative. It's in accordance with the Indonesian legal system, right. Go ahead, I have no objections.

Is it true you plan to bring countercharges against those who accused you of being behind Munir's murder?

Let us wait and see. I'll be coordinating first with the team of legal advisors, whether or not it is necessary to lay charges or how. We'll look at it later in legal terms.

You were indicted, among other things, of instigating the murder of Munir and the misuse of authority. Which of the prosecutor's charges do you consider to be most erroneous?

In this matter, I'm not competent to answer.

During the trial you once said that what you did was known by the 'user'. What did you mean?

That what I did or did not do was known by my superior. That's called being a subordinate. I also know what is done by my subordinates. That is normal in a hierarchy. Under the military system, that's usual.

By the user did you mean Hendropriyono, your superior at the time?

That's wrong. This is in the context of a hierarchy.

Given this verdict by the judges, does this mean that the murder was at Pollycarpus' own initiative?

I don't believe there is any connection. During the trial, there was no such connection [established]. I never had a relationship with Pollycarpus.

Now that you are free, will you become active in the political party again?

Yes, I'm still a Gerindra functionary. (Muchdi is registered as the Deputy Chairman of Gerindra). I'm also active in social and sports organization activities. The elections are only three months away. I plan to travel around Indonesia in the context of the Gerindra campaign, so that Gerindra can obtain a significant vote.

Supreme Court needs younger judges: Graft body

Jakarta Post - January 5, 2009

Irawaty Wardany, Jakarta – The collapse of Supreme Court deputy chief Harifin A. Tumpa at a recent ceremony has prompted a call for old timers at the top court to be replaced, with experts saying the election of a new chief justice should no longer be based on seniority.

Harifin, 66, the oldest justice at the Supreme Court, suddenly fell down when inaugurating six new justices last week. However, it appears he remains the strongest candidate to replace Bagir Manan, who resigned last November as chief justice.

"The health of a chief justice will have a strong effect on the upholding of justice. It would be a blessing for an Indonesian to reach 70 years in good shape both mentally and psychically," Illian Deta Arta Sari of the Indonesia Corruption Watch (ICW) told a news conference in Jakarta on Sunday. "Unfortunately, most people of that age are prone to illness and that would affect the handling of cases at the Supreme Court."

She criticized the newly endorsed Supreme Court law that extends the retirement age of Supreme Court judges from 67 to 70, despite that the average life expectancy in Indonesia is 65 to 67.

"The fact also shows that 20 to 30 percent of justice candidates proposed by the Supreme Court failed to pass health checks despite only being 60- to 62-years-old," Illian said.

She said having a justice that suffered from dementia or a physical illness presiding over the case could delay a verdict for years.

She urged incumbent justices wishing to remain in office to undergo frequent health check-ups. "There must also be an improvement in the election system for chief justice," she said.

Even though the Supreme Court Law allows a chief justice to be elected internally, she said the process must be transparent to the public. Candidates for chief justice should state their goals publicly and should not simply be chosen based on their seniority.

"The vision and mission are important as a guidance for the chief justice's responsibility for the public once he or she is elected," she said.

The Supreme Court is expected to elect its new chairman by mid this month.

She said the ICW would file a request with the Constitutional Court to review the new Supreme Court law in late January.

A political expert from the University of Indonesia, Lili Romli, agreed younger justices were needed at the Supreme Court. "There are many people out there who are no longer eligible to serve as Supreme Court justice," he said.

He questioned the motives behind the persistence of the House of Representatives and the government to extend the retirement age of justices to 70 years old. "There must be a hidden agenda behind the decision," Lili said.

Rights group vows to pursue ex-spy over murder

Jakarta Post - January 4, 2009

Dian Kuswandini, Jakarta – Human rights bodies have promised to fight for an appeal of former National Intelligence Agency (BNI) deputy chairman Muchdi Purwopranjono's acquittal for the murder of human rights campaigner Munir Said Thalib.

The Commission for Missing Persons and Victims of Violence (Kontras) chairman Usman Hamid on Saturday said the case should be President's Susilo Bambang Yudhoyono's top priority.

"Yudhoyono said the Munir murder case would test whether Indonesia had changed in terms of its human rights history," Usman said during a discussion.

"The Kontras legal team will review the mistakes of previous trials. We hope to finish our work in two weeks," he added.

The South Jakarta District Court acquitted Muchdi from the assassination charge, leaving former Garuda Indonesia pilot Pollycarpus Budihari Priyanto as the sole convict in the case. The Supreme Court sentenced Pollycarpus to 20 years' imprisonment.

On Friday, the National Commission on Human Rights (Komnas HAM) revealed its plans to review the district court's verdict, saying the body suspected the verdict was a political machination of the BIN and law enforcers.

Former president Abdurrahman "Gus Dur" Wahid, who also attended the discussion, slammed the verdict, saying it provided solid evidence of a court mafia within the country.

"Muchdi's acquittal shows that the military still rules the country. We know if SBY told the attorney general and National Police chief to start another investigation into the case, they would return to square one," he said.

Separately, Attorney General Hendarman Supandji confirmed that he would be summoned by the President over the verdict.

"Yes, later. Just wait," he said in short while attending a wedding reception of Energy and Mineral Resources Minister Purnomo Yusgiantoro's daughter, as quoted by detik.com. Kontras and the Solidarity for Munir (Kasum) will open a hotline for information to allow the public to file reports on any information related to the Munir murder case.

[The public can dial (021) 31904733 or send messages through email kontras@kontras.org and text messages at 08118122149.]

Susilo Bambang Yudhoyono under fire over spy's acquittal

The Australian - January 3, 2009

Stephen Fitzpatrick, Jakarta – Indonesian President Susilo Bambang Yudhoyono faces a political crisis unless he quickly addresses outrage over the acquittal of a senior former spy on murder charges, activists say.

Retired major-general Muchdi Purwopranjono, a former deputy head of Indonesia's national intelligence agency, walked free this week after judges in a Jakarta court said they could not find him guilty of masterminding the poisoning death of human rights lawyer Munir Said Thalib.

Dr Yudhoyono reacted to anger at the decision by announcing he would ask Attorney-General Hendarman Supandji and chief of police Bambang Hendarso Danuri to explain how an apparently strong case had collapsed.

Leading human rights activist Usman Hamid, a close friend of the murdered man and his successor as head of rights organisation Kontras, the Commission for the Disappeared and Victims of Violence, said the verdict "clearly undermines Yudhoyono's credibility".

"I think SBY will not and should not be silent on this," Mr Hamid told The Weekend Australian. "He should do more. The President has full authority to instruct the chief of police to look for new evidence."

Dr Yudhoyono's hand could be forced by a very direct precedent: he instructed prosecutors two years ago to re-examine the acquittal of the man charged with murdering Munir by giving him an arsenic-laced drink during a stopover at Singapore's Changi airport in 2004. That man, off-duty Garuda pilot Pollycarpus Budihari Priyanto, was eventually sentenced to 20 years' jail for the murder.

Mr Muchdi was on trial for ordering Pollycarpus to carry out the crime, allegedly on the basis that Munir's uncovering of human rights abuses in the military had angered Mr Muchdi and other senior military establishment figures.

Mr Muchdi was briefly head of the country's crack Kopassus, or army special forces unit, a position from which he was removed after Munir's abuse revelations.

Dr Yudhoyono came to office in 2004 promising to clean up the country's notoriously corrupt bureaucracy and military, and the Munir trial had been seen as one of the key tests of that vow.

However, with parliamentary elections coming up in April and direct presidential polls soon afterwards, the verdict has the potential to become a dangerous political football. "This year is a very political year, so it will certainly be politicised by many parties," Mr Hamid said.

The contents of as many as 40 phone conversations allegedly made between Pollycarpus, Mr Muchdi and former intelligence agency chief MA Hendropriyono would be crucial to an appeal, he said.

The failure of prosecutors to force those conversations to be admitted as evidence in the failed case remains one of the unexplained aspects of the acquittal.

Mr Hamid yesterday accused the prosecution of "producing a partial indictment (in an attempt to) try to reduce the political liabilities of the case".

"As long as the case only focused on Muchdi, it couldn't go to the full involvement (of the intelligence agency) in what was clearly a conspiracy to murder Munir," he said. "The truth that has been revealed so far is only a partial truth."

Former agency chief Mr Hendropriyono has not been charged over the death, though Mr Hamid said he believed there was enough evidence to do so.

Mr Hamid, Munir's widow, Suciwati, and others have requested a meeting with Dr Yudhoyono, which they hope will be within days, probably after the President meets his two most senior law enforcement officers.

Another prominent rights group, Pijar Indonesia (The Indonesian Information Centre and Information Action Network), described Mr Muchdi's acquittal as "the worst New Year's gift from law enforcers to the people... the verdict threatens the country's human rights defenders by implying you can walk away after killing them".

Mrs Suciwati called for anyone who had information regarding the connection between Pollycarpus, Mr Muchdi and Mr Hendropriyono to bring it to the campaign's attention.

A lawyer for Mr Muchdi, Mahendradatta, accused the activists of "trying to form public opinion", which he feared review judges would subsequently be afraid to go against.

Rights body to examine Muchdi verdict

Jakarta Post - January 3, 2009

Dian Kuswandini, Jakarta – The National Commission on Human Rights (Komnas HAM) plans to review a court verdict in which former top spy Muchdi Purwopranjono was acquitted of all charges in the murder of human rights activist Munir Said Thalib.

The move comes as public suspicion grows that the verdict was part of a political machination allegedly cooked up by the State Intelligence Agency (BIN) and law enforcers to get Muchdi off the hook.

Observers point to the retractions of testimonies by witnesses from the BIN, of which Muchdi was once a deputy chief, to back up the allegations.

"We will discuss the urgency of examining the verdict at our next plenary meeting. The results of the 'public examination' will be presented to the Supreme Court as a recommendation," Komnas HAM chairman Ifdhal Kasim said Friday at a press conference.

"We have acknowledged there was a game played by BIN agents during the Muchdi trial, in which they retracted the testimonies they had given to the police."

Strangely, Ifdhal added, this unusual circumstance was overlooked by the panel of judges at the South Jakarta District Court when considering the verdict handed down Wednesday.

During Muchdi's trial, BIN agents Kawan, Zondhy Anwar and Arifin Rahman revoked their testimonies, as did BIN employees Suradi and Imam Mustopha.

Another witness, BIN agent Budi Santoso, failed to turn up at the trial despite dozens of summons filed by prosecutors.

"The police investigated this case for more than a year. This shows how careful they were in handling it," Ifdhal said.

"But the moves made by those BIN agents rendered all that hard work meaningless. The Supreme Court must see what's behind this when examining the verdict." Prosecutors say they are preparing to appeal to the Supreme Court against the district court ruling.

Legal expert and legislator Yasonna Laoly, from the Indonesian Democratic Party of Struggle (PDI-P), expressed similar views, saying the retractions could indicate intervention by certain parties.

"The Supreme Court should consider this when examining the verdict. It's strange that so many witnesses from the BIN all did the same thing," he said.

"The public has long lost its trust in the Supreme Court. Handling the Munir case seriously would be a good opportunity for it to boost its image."

University of Indonesia legal expert Topo Santoso said rescinding testimonies was normal in trials, but added the judges should have further investigated the slew of retractions.

He also said prosecutors could use the appeal to argue for evidence that had been dismissed by the judges from the verdict.

"Prosecutors can outline the evidence ignored by the district court judges, so the Supreme Court judges can find and examine any failings," Topo said.

Eva Kusuma Sundari, a legislator on the House of Representatives' Commission III, which oversees legal affairs, criticized the judges for only considering the formal evidence in making their decision for Muchdi.

The judges, she went on, should have considered the material evidence, or that not presented by prosecutors but still appearing during the trial.

"This resulted in an unfair verdict. Note that all this time, those punished for human rights abuses in this country have only been the perpetrators, never the masterminds," she said.

Muchdi's acquittal: A question of a broken promise

Jakarta Post - January 3, 2009

Imanuddin Razak, Jakarta – It is not surprising that Maj. Gen. (ret) Muchdi Purwopranjono, a former deputy to the State Intelligence Agency (BIN) chief, was eventually acquitted of all charges laid against him in connection with the September 2004 murder of rights activist Munir Said Thalib.

Legally speaking, we cannot criticize the South Jakarta District Court judges for acquitting Muchdi, as all the evidence presented in court was weak, and the key witnesses who initially testified against Muchdi eventually withdrew their testimonies over legal technicalities.

What is evident from Muchdi's acquittal is the failure of President Susilo Bambang Yudhoyono's government, if not of the President himself, to fulfill the government's and his own promise to Munir's widow, Suciwati, to close the case – that is, to discover the executor(s) and the mastermind behind Munir's murder.

The court's decision, handed down on Wednesday, displayed Yudhoyono's inability to exercise his power as president – not to influence the judges on the verdict, but to ensure that the investigation to build the case against Muchdi was conducted thoroughly and transparently.

Public doubts about the seriousness of Yudhoyono's and his government's commitment to uncovering the truth behind the murder started to arise because of the President's unshaken stance against revealing the results of the investigation carried out by the government-sanctioned fact-finding team (TPF).

It remains unclear whether the TPF report was used by the police as the foundation for building the case against Muchdi and the other defendants; none of the leading and key officers at BIN believed to have known about the case were questioned.

Even a key witness, BIN agent Budi Santoso, failed to appear in court to testify. Budi had alleged Muchdi's involvement in the murder in his written statement read out during the previous, separate, trial of Garuda Indonesia pilot Pollycarpus Budihari Priyanto – another defendant in the murder case.

The courts found Pollycarpus and former Garuda president Indra Setiawan guilty, sentencing them to 20 years' and 12 months' imprisonment, respectively, for their roles in the murder.

Munir died from arsenic poisoning aboard a Garuda Indonesia flight from Singapore to Amsterdam, on Sept. 7, 2004. Pollycarpus was found guilty of administering the poison.

In his testimony, Budi said that, on Muchdi's orders, he gave Pollycarpus Rp 10 million (US$1,075) on June 14, 2004, and another Rp 3-4 million for unknown purposes when Pollycarpus was under investigation in connection with Munir's murder.

It was, among other things, the prosecutors' failure to have Budi Santoso testify in court and to provide substantial evidence to prove the allegations against Muchdi that meant the judges eventually acquitted the former chief of the Army's Special Forces (Kopassus) of all charges.

Muchdi is now a free man. And unless the prosecutors can find new evidence to build a new case against him, he will be a free man forever.

Muchdi's acquittal has therefore led to uncertainty as to whether the full details of the murder will ever emerge, as it is widely believed that neither Pollycarpus nor Indra Setiawan was the central figure behind Munir's murder.

The name of another senior BIN officer was mentioned during the trials of both Pollycarpus and Muchdi – then deputy BIN chief M. As'ad. But should a case be built against As'ad in the future, it will very likely end up the same way as the one against Muchdi, as there is unlikely to be any substantial evidence that can be used against As'ad.

The remaining question will only be about Yudhoyono's and his government's commitment to protecting human rights, especially the promise he made to Munir's widow.

Muchdi's acquittal could prove an obstacle to Yudhoyono's bid for reelection. The incumbent has won praise, locally and internationally, for his government's anti-corruption campaign. He has also taken the credit for twice lowering the price of fuel, even though this was more due to the decreasing price of oil globally. But he could lose some support from human rights activists and justice seekers, as a repercussion of Muchdi's release.

Yudhoyono must therefore refresh his commitment to human rights protection, making solving the Munir murder case the chief priority. Otherwise, he could lose public trust and might have to forget his dream of serving another term.

Mediocre prosecution sees ex-spy walk free

Jakarta Post - January 2, 2009

Dian Kuswandini, Jakarta – Former top spy Maj. Gen. (ret) Muchdi Purwopranjono walked free on Wednesday after a court found him not guilty of masterminding the 2004 murder of noted human rights activist Munir Said Thalib.

In response, assistant attorney general for general crimes Abdul Hakim Ritonga promptly said prosecutors would appeal the much- decried verdict.

The prosecution, which had sought a 15-year prison sentence for the former State Intelligence Agency (BIN) deputy chief, has 14 days in which to file an appeal, he added.

The South Jakarta District Court acquitted Muchdi of all charges of soliciting and premeditating the murder, and ordered prosecutors to release him from detention immediately.

"The defendant has not been proven legally and convincingly to have ordered and planned the murder," presiding judge Suharto told the packed courtroom. "The court will thus restore the defendant's rights in relation to his dignity and moral status."

The ruling was greeted by hundreds of Muchdi's supporters chanting the national anthem, while hundreds of Munir's supporters shouted in anger at Muchdi. A scuffle almost broke out, which police managed to defuse by dispersing the crowd.

The prosecution failed to prove Muchdi had recruited former Garuda pilot Pollycarpus Budihari Priyanto to kill Munir, the panel of judges ruled.

Munir was found dead from arsenic poisoning on board a flight from Jakarta to Amsterdam on Sept. 7, 2004. Pollycarpus was later sentenced to 20 years in prison for the murder.

"Despite the evidence of call data records (CDR) that show calls made between the defendant's and Pollycarpus' phone numbers from Sept. 1 to Sept. 30, 2004, there is no other data to prove it was really the defendant who made the calls," judge Haswandi said.

The judges added prosecutors also failed to clarify the defendant's motive for murdering Munir.

Prosecutors alleged Muchdi killed Munir out of revenge for the latter's role in leading an investigation into the abductions of 13 activists by special army forces under the command of Muchdi in 1997 and 1998. Muchdi was discharged from his prestigious post following the probe.

"The prosecution only based this motive on the testimony of Munir's wife, Suciwati, but was unable to demonstrate the defendant's sense of revenge," Haswandi argued.

Muchdi's acquittal, 'worst New Year gift'

Jakarta Post - January 2, 2009

Abdul Khalik and Dian Kuswandini, Jakarta – The acquittal of former top spy Maj. Gen. (ret) Muchdi Purwopranjono of all charges in the murder of human rights activist Munir Said Thalib has incensed rights activists and observers.

They said the verdict, handed down Wednesday by the South Jakarta District Court, insulted the people's sense of justice and gave credence to public perception that the country's legal system and law enforcers, including police, prosecutors and judges, lacked credibility.

"It is the worst New Year's gift from law enforcers to the people in their struggle for justice and human rights," rights group Pijar Indonesia said Thursday in a statement. "The verdict threatens the country's human rights defenders by implying you can walk away after killing them," it added.

The court decision has buried the truth of the mystery behind Munir's murder, in which the judiciary was expected to uncover a "political conspiracy" involving the State Intelligence Agency (BIN), Pijar said.

Setara Institute executive director Hendardi said the ruling preserved the legal impunity of certain officers in Indonesia, particularly military generals accused of rights abuses. "We can see clearly the judges were under political pressure from those who wanted the case closed," he said.

Munir's widow, Suciwati, who was a witness during the trial's last hearing, expressed shock at the verdict, saying she and Munir's supporters would immediately go to the National Police headquarters and the Attorney General's Office to discuss the next steps to take.

"I have already lost my husband, and now I lost justice. The outcome is being watched by the international community to see how seriously Indonesia enforces the rule of law," she said, her voice quivering with emotion.

"This is very painful. Something that I feared has now come to pass. Today's ruling proves that Indonesian justice still sides with human rights abusers."

Usman Hamid, a prominent rights activist and a close friend of Munir's, slammed the "poor prosecution" as one of the reasons for Muchdi's acquittal.

He cited prosecutors' failure to present tapped conversations between Muchdi and Pollycarpus Budihari Priyanto, who was sentenced to 20 years in prison for the murder, during the trial to strengthen their case against the defendant.

"I don't understand why they didn't present the voice records. We witnessed how scared the prosecutors were during the trials," said Usman, who chairs the Commission for Missing Persons and Victims of Violence (Kontras), founded by Munir.

Kontras also expressed disappointment at prosecutors' failure to view the Munir case as a conspiracy, thus resulting in a missing link between Pollycarpus and Muchdi.

This turned the focus of the investigation on Muchdi as an individual, particularly his motive for murdering Munir, thus blocking out the alleged involvement of other suspects, Kontras said.

Presidential spokesman Andi Mallarangeng said President Susilo Bambang Yudhoyono would summon National Police chief Gen. Bambang Hendarso Danuri and Attorney General Hendarman Supandji for clarification of the case and verdict.

Muchdi, a former BIN deputy chief, was released from detention on Wednesday evening, and later held a charity event to show his gratitude for the verdict. "(The ruling) is a present for Indonesia," he said.

Muchdi, currently deputy chairman of the Greater Indonesia Movement Party (Gerindra), has long claimed he was a "victim of foreign intervention" in the Munir case.

His lawyer, Wirawan Adnan, said the defense team would sue Suciwati, Usman and other activists, including Hendardi and Poengky Indarti, for dragging Muchdi into the case.

Indonesian spy chief cleared in murder

Associated Press - January 1, 2009

Anthony Deutsch, Jakarta – A former Indonesian intelligence chief was cleared Wednesday of playing any role in the fatal mid-flight poisoning of the country's most prominent human rights activist and a symbol of defiance in the face of authoritarian rule.

Critics called the ruling proof that Indonesia's courts are still unable to hold high officials accountable a decade after the country embraced democracy.

Munir Thalib was poisoned on a flight to Amsterdam in 2004 after an off-duty pilot with the national carrier, Garuda, boarded his plane posing as an undercover security agent and slipped him a dose of arsenic.

The murder case became a critical test of Indonesia's willingness to come to grips with the authoritarian legacy of the late dictator Suharto, who was swept from power by massive street protests in 1998 after 32 years in charge. Thalib's efforts to expose atrocities had made him an icon in the struggle against the dictatorship.

Hundreds of Thalib supporters protested outside the courthouse Wednesday.

The European Union and the United States have followed the murder case closely, with Congress earlier this year threatening to withhold $2.7 million in military aid pending the completion of the criminal investigation into the killing.

On Wednesday, the South Jakarta District Court acquitted retired intelligence chief and Maj. Gen. Muchdi Purwoprandjono of charges of murder and abuse of power, saying prosecutors had failed to prove his involvement Advertisement in Thalib's death.

But a long trail of evidence presented during the trial appeared to implicate Purwoprandjono's former employer, the State Intelligence Agency, including records of dozens of phone calls between Purwoprandjono and the killer's cell phones around the time of the murder.

The acquittal is a major setback for legal reformers, who had hoped Indonesia's court system had become strong enough after Suharto to hold accountable high-ranking officials.

"This outcome makes human rights defenders greatly question their safety," Ifdhal Kasim, chairman of the National Commission for Human Rights, told The Associated Press. The verdict "shows that our judicial system has failed to fully uphold its independence."

Indonesia, an impoverished former Dutch colony of 235 million people, has never confronted the violent legacy of Suharto, who was blamed for the deaths of hundreds of thousands of communists in 1965 and countless other crimes for which he was never put on trial.

Purwoprandjono has long been implicated in Suharto-era crimes, including the disappearance of anti-Suharto students in 1998 when he briefly headed the feared special forces unit, Kopassus. He maintained his innocence through the recent proceedings.

"This is a big loss for Indonesia," said Rafendi Djamin of the Jakarta-based Human Rights Working Group. "The facts strongly indicate that the State Intelligence Agency was behind this assassination."

A presidential fact-finding team concluded in 2005 the murder was very likely a state conspiracy, but the conclusions were never officially published because they were too politically explosive.

Interference by high-level officials kept the case out of court for several years, while intimidation during the trial led witnesses to retract key testimony or fail to appear in court, court observers said.

The Supreme Court convicted and sentenced the pilot, Polycarpus Priyanto, to 20 years in prison in January 2008, overturning an earlier acquittal by a lower tribunal. A national official was sentenced to a year in prison as an accessory.

Thalib's widow, Suciwati, who like many Indonesians uses a single name, said prosecutors were considering filing an appeal after their 15-year sentencing demand against Purwoprandjono was struck down.

"I have not only lost Munir, I have lost my sense of justice," she said. "The outcome will be seen by the international community as (a test of) how seriously Indonesia enforces the rule of law."

Wednesday's decision also put President Susilo Bambang in a bind. He had promised to resolve the murder during his term in office, which expires in April.

[AP reporter Zakki Hakim in Jakarta contributed to this article.]

Anger after Indonesian spy cleared of murder

CNN - January 1, 2009

Jakarta – Angry protests greeted the acquittal Wednesday of a former Indonesian intelligence official accused of killing a respected human rights activist four years ago.

A court in Jakarta cleared Muchdi Purwopranojo of murder charges in the September 2004 death of Munir Said Thalib, a lawyer heavily involved in human rights work. Protesters outside the courthouse chanted, "Who killed Munir? Muchdi killed Munir."

Munir's widow, Suciwati, said she was angry and disappointed in the verdict. And Usman Hamid, head of the National Commission on Missing Persons, said the family "is hurting from the verdict."

"The decision has turned people's faith in the justice system upside down," said Hamid, who now leads Munir's organization.

Munir died after being poisoned while on a flight to the Netherlands. Munir's supporters say he was the victim of a conspiracy by Indonesia's national intelligence agency, the BIN.

Two other people have been charged and convicted in Munir's death – a pilot for the national airline Garuda Indonesia who was directly linked to the poisoning, and a former Garuda official who authorized him to be on the same flight.

Prosecutors argued that Muchdi gave the orders in the conspiracy. But Hamid said judges treated the case as a personal vendetta by Muchdi, and he said more people from the agency should have been implicated

Resolve to improve courts questioned after murder acquittal

International Herald Tribune - January 1, 2009

Peter Gelling – The acquittal of a former deputy intelligence chief and military general of charges stemming from the 2004 murder of Indonesia's most celebrated human rights activist has again called into question the country's commitment to reforming its justice system.

Immediately following the Jakarta court decision to clear Muchdi Purwoprandjono of any wrongdoing in the death of Munir Said Thalib on Wednesday, throngs of demonstrators made their way to the presidential palace to demand that President Susilo Bambang Yudhoyono follow through on his promise to solve the high profile case.

Muchdi had been charged with planning and ordering the murder of Munir, who died of arsenic poisoning aboard the state carrier Garuda en route to the Netherlands. Muchdi's arrest in June was seen as a major step in the case, especially considering the culture of impunity that senior military officials have long enjoyed in Indonesia.

Muchdi was originally connected to the crime through the investigation of Pollycarpus Priyanto, a Garuda pilot sentenced to 20 years for spiking Munir's drink. The police found that the two had exchanged about two dozen phone calls leading up to the murder.

But as the five-month long trial progressed, several witnesses for the prosecution suddenly retracted sworn statements previously made to the police, while others failed to remember basic facts and still others failed to show up in court at all. Many of them were former or current intelligence or military personnel.

The panel of judges also refused to allow the sworn statements originally made to the police by the witnesses to be presented in the courtroom and further denied the prosecution the opportunity to present other key documents during the trial.

Groups of Muchdi supporters present inside and outside the courtroom added to an already threatening atmosphere for witnesses, judges and prosecutors.

"There were always people occupying the courtroom creating an atmosphere of fear for all the parties involved," said Usman Hamid, director of Kontras, a human rights group. "Even police personnel and prosecutors responsible for this case told us they had been threatened."

Munir's widow, Suciwati, was distressed at the verdict, telling reporters after the trial, "This is a painful thing." She has campaigned vigorously to have the officials responsible for ordering the murder jailed. "I have not only lost a husband," she told reporters. "But also an understanding of justice."

Though prosecutors have already said they would appeal the verdict to Indonesia's Supreme Court, the initial trial is likely to concern foreign and domestic observers. Earlier this year the United States withheld several million dollars in military aid pending a resolution to the Munir case. Analysts have said the outcome demonstrates that despite 10 years of democratic reform, the country is still unable to hold senior military officers accountable for human rights abuses.

No senior official from the military or the intelligence agency has been convicted for their roles in political killings during the era of Suharto, Indonesia's former authoritarian ruler, or human rights abuses in the restive provinces of Aceh, Papua and the now-independent East Timor.

"If Indonesia is to move beyond its authoritarian past, the justice system must show that generals are not above the law," said Matt Easton, director of the Human Rights Defenders Program at Human Rights First, an international human rights organization based in New York and Washington. "Investigators, prosecutors, and the courts must be ready to go where the evidence and the law lead them."

The Munir murder trial will likely become a political hurdle for Yudhoyono as the 2009 presidential election gets under way. Yudhoyono swept into office with promises of reform and clean governance.

After Munir's murder, Yudhoyono made a now famous promise to resolve the case during his first term. The president himself has said the case is a test for how much Indonesia has changed since the fall of Suharto and the introduction of democracy.

"This has been a devastating result," said Hamid. "The whole justice system here is so weak. That said, this is far from over."

Labour/migrant workers

More companies resort to dismissals: Ministry

Jakarta Post - January 7, 2009

Jakarta – Up to 700 workers have been laid off less than a week into the year, bringing total dismissed workers since November last year, when the global financial crunch first hit the country, to almost 25,000, says the Manpower and Transmigration Ministry.

From early November to Jan. 5, the ministry recorded 24,452 workers had been laid off, confirming concerns often aired by businesses struggling to cope in the current adverse economic conditions.

Myra Maria Hanartani, a director general at the ministry, said Tuesday the layoffs were reported mostly at companies operating in the garment, plantations and forestry industries.

"Most companies have had to lay off workers because they haven't been able to secure sufficient orders," Myra told The Jakarta Post.

Registered companies are required to report to the ministry any plans that could result in layoffs, especially of permanent employees.

In addition to those permanently laid off, 11,703 workers have been temporarily laid off as of Jan. 5. Temporary dismissals mean workers still receive their basic monthly salaries and may be summoned back to work once the company's finances improve.

Myra said other company reports showed 25,577 more workers could be axed very soon.

While the government is committed to splashing out Rp 50 trillion (US$4.6 billion) in a stimulus package for industries to help mitigate the global economic fallout, companies hardest hit by the crisis are still expected to resort to layoffs.

And with the government already forecasting slower growth for more industries this year, more dismissals are expected.

According to data from the National Development Planning Board (Bappenas), growth in the forestry sector is estimated to fall to negative 1.5 percent this year, following on the negative 0.8 percent notched up in 2008. Meanwhile, growth in the plantations and non-oil-and-gas industries are to drop to 2.5 percent from 4 percent last year.

Only the mining and oil-and-gas industries are still expected to grow this year, by 2.5 percent and 5 percent respectively.

Earlier this week, the government announced plans to disburse Rp 50 trillion as a stimulus to keep the economy growing by at least 5 percent.

The stimulus is expected to cut the open unemployment rate to 8.34 percent, compared to 8.87 percent without the stimulus, according to acting Coordinator Minister for the Economy Sri Mulyani Indrawati.

National Development Planning Minister Paskah Suzetta said Tuesday the government could provide more than 2.1 million jobs in 2009 – under the assumption that every 1 percent of economic growth would create 431,000 jobs. (hwa)

Exports down by 50 percent, thousands face dismissal

Tempo Interactive - January 6, 2009

Dini Mawuntyas, Surabaya – The head of the board of directors of the Tanjung Perak branch of the Land Transport Organisation in the East Java provincial capital of Surabaya, Kodi Lomahayu, says that 6,000 transport workers at the port are threatened with dismissal.

"If the export-import transport service situation at the Tanjung Perak port [continues] to be flat for the next six months, dismissals cannot be avoided", he said on Tuesday January 6.

Lomahayu said that the impact of the global financial crisis has resulted a drastic decline in commodity exports, including among others textiles, food and beverages, passing through the Tanjung Perak port. "The decline in export activity in December 2008 was a much as 50 percent compared with the previous year", he said.

As a consequence of the drop in exports, he said, the leasing of transport services at Tanjung Perak has also declined drastically. "Currently, out of a fleet of 600 only half are in operation", he said.

In addition to this, the fleet is currently being operated in rotation. "Usually the entire fleet is used, now however we are operating them on a rotational basis", he said.

Lomahayu said that up until now employers are still covering food allowances for transport workers at Tanjung Perak, even though they are not working. "And if this continues, then dismissals will [have] to be carried out", he said.

[Translated by James Balowski.]

Four industrial sectors susceptible to mass-layoffs this year

Tempo Interactive - January 6, 2009

Nieke Indrietta/Dianing Sari, Jakarta – Workers employed in four industrial sectors are still threatened with mass dismissals this year as a result of the global financial crisis, namely the timber, electronic, garment and footwear industries.

This was disclosed by Labour and Transmigration Minister Erman Suparno in Jakarta on Tuesday January 6. "The manufacturing sector will still be under threat this year", he said.

In attempting to address the situation, Suparno said his department has already allocated funds of as much as 369 billion rupiah from this year's state budge to focus on programs to overcome the impact of the global economic crisis, such as preventing dismissals. This will include labour training centers, entrepreneurship training and a redistribution of labour.

Based on Department of Labour and Transmigration data for January 5, 2009, as a consequence of the crisis the total number of employees threatened with dismissal is as high as 24,452 workers across all the provinces in Indonesia. The number of dismissals has risen based on data for December 31, 2008, when it stood at 23,752 workers. The majority of employees threatened with dismissal come from the timber, electronic, garment and footwear industries.

Meanwhile the number of employees that companies are planning to dismiss as per January 5, 2009 is as many as 25,577 people. This total has not changed from the previous data as per December 31, 2008. "We will be prioritising those [companies] planning dismissals during bipartite negotiations through the Joint Ministerial Decree(1)", said Suparno.

Mediation efforts at preventing dismissals through re-negotiating the minimum wage will also involve business associations such as the Indonesian Textile Association, the Indonesian Retailers Association and the Indonesian Footwear Association.

As a result, efforts at seeking a resolution will be cross- sectoral and include other departments such as the Department of Industry. The Department of Industry will be making serious efforts to stimulate the economy and provide incentives while the Department of Labour and Transmigration will focus on labour affairs.

In spite of the crisis, Suparno promised that the absorption target for new people entering the work force would remain at around 2.6 million people. Out of this total, 2 million will be absorbed domestically, while the remainder of around 600,000 to 750,000 will be sent overseas as migrant workers.

[It has been reported that] a number of countries such as Malaysia, the Middle East, Japan, Hong Kong and South Korea are already begun repatriating Indonesian migrant workers due to the crisis. Suparno however refuted this. "Not all of them [are being repatriated] because of the crisis. Some are for regular reasons such as contracts that have expired or those taking leave", he explained(2). In the case of Hong Kong for example, those returning home were for regular reasons.

According to Suparno, the government is communicating with the countries concerned and in the case of the Middle East it has stated that it will not be reducing the number of migrant workers because it still needs the labour.

The result of discussions with the Malaysian government, said Suparno, indicate that the plantation sector still need labour, although the construction and electronic sectors remain vulnerable to the financial crisis.

Suparno added that Japan requires some 1,000 people and the government dispatched around 200 migrant workers last year. The remainder will be sent in stages. South Korea meanwhile needs 1,900 workers and around 30,000 Indonesian migrant workers still remain in the country.

Notes:

1. The Joint Ministerial Decree (SKB-4) signed by Labour and Transmigration Minister Erman Suparno, Trade Minister Mari Elka Pangestu, Industry Minister Fahmi Idris and Home Minister Mardiyanto on October 24, limits laborers' wage from exceeding the rate of economic growth and is expected to discourage local administrations from raising regional minimum wages beyond the capabilities of manufacturing firms.

2. On December 17 Suparno told the Jakarta Post that some 250,000 mostly semi-skilled migrant workers had already been repatriated and that they had had to leave for home early before their contracts expired as their employers were hit by the financial crisis. "The cause is obviously the global economic downturn. Employers are facing financial problems due to sluggish demand," Erman told the Post, adding the employing countries included Malaysia, South Korea, Hong Kong and Middle Eastern countries.

[Translated by James Balowski.]

Industrial workers' real wages declining

Kompas - January 6, 2009

Jakarta – The National Statistics Agency (BPS) has announced that in comparison with the second quarter of 2008, in nominal terms the average wage of industrial workers in the third quarter of 2008 has declined by 8.74 percent. In real terms, the wages of industrial workers over the same period have declined by as much as 11.30 percent.

Speaking in Jakarta on Monday January 5, BPS deputy head Ali Rosidi explained that these survey results were obtained by the BPS based on a sample of activities in the formal industry.

"Not all formal industries use the regional minimum wage as a reference. There are other cases where increases in labour costs for companies are not reflected in workers' incomes, for example in healthcare and transportation facilities", said Rosidi.

In the third quarter of 2008, the nominal wage of industrial workers averaged 1,095,790 rupiah per month, while in the second quarter of 2008 it was as much as 1,200,772 rupiah. If however this is compared with the third quarter of 2007, an increase has occurred in the average nominal wage of 7.89 percent but real wages for the same period declined by 4.93 percent.

Confederation of Prosperity Labor Unions (K-SBSI) president Rekson Silaban said that the decline in the average nominal wage is an impact of the large number of contract workers. This situation was [not] reflected because the BPS calculated the average nominal wage of formal workers without differentiating between types of employment.

"As soon as it's taken as an average, the nominal wage of industrial workers declines. This indicates the negative impact of contract labour systems because they are employed under levels of welfare and guarantees that are non-standard", said Silaban.

Labour intensive industries such as textiles and textile products (TPT), electronics and automotives are currently tending to increase the number of contract workers. Gradually, they are reducing permanent workers in order to bring down costs.

According to Indonesian Metal Trade Workers Federation (FSPMI) president Said Iqbal, almost 80 percent of the employees in TPT industries are now contract labourers. This practice makes it easy for investors to relocate factories and seek more competitive locations.

Iqbal said that nominal wages have tended to increase in concert with minimum wages and periodic pay increases. It is because of this therefore, the increasingly large number of contract workers picked up in the BPS survey is most likely the main factor in the decline in nominal wage levels between February and August 2008.

"What has clearly been happening up until now is a decline in the real wage. FSPMI research results [show that] the 2004 Jakarta provincial minimum wage, which stood at 671,600 rupiah per month, was more adequate that the 2009 minimum wage of 1,069,000 per month. Although there has been an increase in the nominal [wage] of almost 80 percent, the value of the real minimum wage for 2009 is only around 700,000 or so", said Iqbal.

Unemployment rate

Also on Monday, the BPS announced that the unemployment rate for August 2008 had declined to 8.39 percent compared with the February 2008 figure of 8.64 percent, or the August 2007 unemployment rate of 9.11 percent.

The quality of the decline in the unemployment rate however remains unsatisfactory. The deputy head of the BPS's social statistical division, Arizal Ahnaf, explained that the increase in employment opportunities has mostly taken place in the social service sectors, particularly domestic workers, construction workers and cleaning staff. (DAY/HAM)

[Translated by James Balowski.]

Environment/natural disasters

LBH slams government, Lapindo for sloppy response

Jakarta Post - January 2, 2009

ID Nugroho, Surabaya – Surabaya Legal Aid Institute (LBH) has urged the Indonesian public to pressure the government and PT Lapindo Brantas Inc. energy company to seek an immediate resolution to unresolved Sidoarjo mudflow issues.

On Wednesday in an evaluation of the 2008 law and human rights issues, LBH Surabaya land and environment division head Faiq Assidiqi said both the government and Lapindo (owned by the Bakrie family) had failed to show strong political commitment to resolving the social aspects of the disaster, which had affected the livelihoods of thousands of Porong residents and had caused massive environmental damage.

The mudflow, caused by Lapindo's mining activities in May, 2006, had displaced dozens of families whose assets were destroyed and had also destroyed their sources of income. It had done irreparable damage to the environment and had destroyed dozens of factories where local residents were once employed.

Despite these impacts, however, the government and Lapindo had acted less than satisfactorily and had yet to provide comprehensive solutions to the issue, he said.

"It is apparently not enough for mudflow victims to stage protests at the disaster site, but the entire society should join forces to make the government and the energy company provide legal advocacy for the victims."

Faiq insisted that the mudflow victims had lost not only their assets but also their cultural environment and their ability to earn a living. Their children had been denied access to education and a healthy environment, he said.

LBH, which has provided legal advocacy for Lapindo victims since the time of the disaster, was disappointed with the government's handling of the issue and Lapindo's failure to provide compensation to victims, he said.

Faiq cited Presidential Instruction No. 14/2007 requiring Lapindo pay compensation to residents of four villages in the area, and a new instruction requiring the government pay compensation from the 2008 state budget to victims outside the disaster area, claiming both were unapplicable.

Minarak Lapindo Jaya, a subsidiary of Lapindo, has paid 20 percent of the agreed compensation amount to a large proportion of the victims, while a smaller group do not have required documentation of their damaged assets and have yet to receive anything.

"The deadline for the payment of the remaining 80 percent compensation passed last August – it was suspended because of the global crisis," Faiq said.

Since the disaster, hundreds of victims have been living in temporary shelters in the Porong market building, stranded, and dozens of others have erected tents at the gateway to the Nirwana village housing compound (earmarked for the victims), but most had yet to receive housing as construction had been suspended because of the economic downturn, he said.

Previously, the National Human Rights Commission recommended the government relocate affected villagers by providing each with 500 square meters of land plus Rp 10 million in cash.

Faiq questioned police investigations into the mudflow disaster, saying that so far two Lapindo executives had been named suspect, but police had yet to report any progress in the case.

Faiq also questioned the resolution of the Alas Tlogo incident which claimed four human lives in Pasuruan in 2007, saying that so far only marines involved in the shooting had been brought to justice, but no compensation had been paid.

Women & gender

Domestic violence on the rise in South Sumatra

Jakarta Post - January 2, 2009

Khairul Saleh, Palembang – Violence against women in South Sumatra rose dramatically in 2008, from 396 cases in 2007 to 568 cases, a year-end report from the Palembang chapter of the Women's Crisis Center (WCC) has revealed.

WCC Executive Director Yeni Roslaini Izi said on Wednesday that cases of domestic violence topped the list, with 210 incidence (39 percent), compared to 201 in 2007; followed by sexual harassment with 100 cases (18 percent, up from 24 cases in 2007); child molestation with 69 cases (12 percent); rape with 61 cases (11 percent) and 47 sundry cases.

Reports of human trafficking, however, dropped to 81 cases (14 percent) from 89 in 2007.

Of the 210 domestic violence cases, abuse against housewives topped the list with 169 cases, followed by 20 cases involving housemaids, 14 cases involving children and seven incest cases.

The data was derived from reports filed at the WCC as well as from references from other institutions, such as hospitals, legal aid institutes and police stations.

However, only 60 percent of the cases were brought to justice and resolved psychologically; of these, domestic violence and trafficking cases were the least prosecuted.

"We have received an increasing number of complaints from the public," Yeni told The Jakarta Post.

She added that only a small number of the cases were brought to court thanks to her group's role as mediator and facilitator. Generally, victims are less eager to bring the cases to court, especially those which took place years ago.

"They consider it taboo and shameful if the cases are brought to court because they would be exposed to the public. In trafficking cases, usually pimps and middlemen are sent for trial," she said.

She added that the drop in human trafficking reports did not indicate that cases of trafficking had dropped but more likely that victims were reluctant to report the cases or had fallen under the radar of her organization.

Trafficking cases in South Sumatra did not only take place transnationally but also domestically, between regencies and provinces, she said.

Among the underlying factors are poverty and desire for consumer items among teenage girls, which makes them easy targets for pimps and middlemen.

"Parents should not be easily lured into allowing their daughters to work in cities. They must be sure about the agency or company recruiting their daughters," she said.

Yeni also cited lax supervision of recruitment procedures for migrant workers among relevant agencies in South Sumatra and the malfunction of state-run training centers as problems that lead to the exploitation of migrant workers.

"The training centers tend to only carry out their obligations without ensuring quality. Many training programs do not comply with the types of work they would engage in at their countries of destination," Yeni said.

Yeni urged the provincial administration and legislature to take strong measures and ensure the immediate passage of an ordinance on violence against women next year, so various approaches on resolving the cases could be achieved due to the allocation of funds for the purpose from the government.

"Such matters are included in the law, but can be facilitated by the provincial administration by setting aside funds through a local ordinance," she said.

South Sumatra legislator Fatimah Djaiz affirmed the ordinance would be approved by August 2009 at the latest.

The legislature is currently deliberating on the draft bylaw and by involving related parties, such as non-governmental women's groups, to discuss the draft ordinance. "We will fully support the passage of the bylaw," said Fatimah.

Agriculture & food security

Fertilizer shortage threatens rice season in NTB

Jakarta Post - January 8, 2009

Panca Nugraha, Mataram – A nationwide fertilizer shortage has the country's farmers deeply concerned, especially in West Nusa Tenggara, where the rice planting season is in full swing.

The price of subsidized urea has risen sharply compared to the highest retail price (HET) set by the government.

In Gerung district, West Lombok regency, subsidized urea that should have been sold to farmers for Rp 120,000 (US$10.90) per 100-kilogram sack based on the HET, now sells for Rp 150,000.

"It cost Rp 150,000 when I bought it last week. However, I had to buy it because I need it to fertilize my rice paddy with," I Nyoman Suyasa, 50, a farmer in Dasan Tapen village, Gerung, told The Jakarta Post.

Eleven farming communities in the village say they face difficulty obtaining fertilizer at a time when their 2-week-old rice seedlings need it the most. On Wednesday, Wahidjan, head of the West Nusa Tenggara Indonesian Farmers Association (SPI), said the fertilizer shortage had spread to several regencies across the province.

"We surveyed farmers in Sumbawa, West Lombok and Central Lombok regencies, and it turns out fertilizer is not readily available there," he said.

He added the price of subsidized fertilizer had surged from Rp 1,200 to Rp 1,800 per kg at the retail level.

Wahidjan also said the SPI had sent a letter to the governor to get his administration to resolve the issue, because the shortage threatened rice production this year.

The current supply of urea is sufficient for only 40 percent of the province's total farmland, he went on, and could result in a 20 percent drop in rice production.

"And this is just the fertilizer scarcity, not to mention pest attacks or natural disasters," Wahidjan said.

The scarcity is also having a social impact. On Jan. 6, hundreds of farmers in Gerung district stopped a truck carrying 17 tons of fertilizer near the Lembar ferry crossing.

The shipment, destined for another regency, was finally sold to the protesting farmers despite tight police security.

Early last week, dozens of farmers in Central Lombok convened at the provincial legislative building to protest the fertilizer shortage in their area.

"A situation like this is dangerous because it could ignite conflict among farmers," Wahidjan said.

He blamed the shortage on irregularities in the province's subsidized fertilizer distribution network, particularly on the part of distributors, and urged the government to monitor the system.

However, Dadih Permana, head of the provincial agricultural and plantation office, denied there was a fertilizer shortage in the province, but admitted there were problems in the distribution network.

"Our fertilizer stocks are safe right now. We have allocated around 127 tons of subsidized fertilizer, the same as last year. So there's no shortage," he said.

Instead, he blamed farmers for being heedless when requesting subsidized fertilizer. He said a number of farming communities in West Lombok had only applied on Jan. 5, although distributors in the regency were closed after Dec. 30.

In Central Java, 140 hectares of rice paddies in Jepang village in Mejobo district, Kudus regency, have not been fertilized.

"Most of the paddies in our village haven't been fertilized because of limited fertilizer stocks at retailers," said local farmer Subardi as quoted by Antara on Wednesday.

Health & education

Malnutrition claims 6 lives in Kupang

Jakarta Post - January 8, 2009

Yemris Fointuna and Agus Maryono, Kupang, Purwokerto – Six children in Kupang, East Nusa Tenggara, have died of acute malnutrition over the past two weeks while Banyumas, Central Java, recorded more than 600 infant deaths over 2007 and 2008.

The two latest victims have been identified as 17-month-old Yayan, and 17-year-old Yustina Ina, from Central Sumba regency, who died in the first week of January.

The four other children died at the end of December while staying at the Oebelo former East Timor refugee camp in Kupang regency.

Dani Ch., director of the Imanuel General Hospital in Waingapu, East Sumba, said Thursday that both victims had initially undergone medical treatment at the nearest community health center before they were referred to the hospital.

"They were referred to the hospital because their conditions had not changed, but they eventually died on Wednesday," Dani said.

Dani added that they were already in critical condition and were suffering from severe dehydration.

"They weighed under 3 kilograms. We tried to save them, but they were already in critical condition," he said, adding that six other severely malnourished children below five years old were currently being treated at the hospital.

The Kupang regency administration has taken immediate action, setting up health posts in areas prone to diarrhea in an effort to prevent further deaths.

"Most of them are children below the age of five," Lalu Budiarja, head of the Information, Prevention and Eradication of Diseases division at the Kupang Health Agency, said.

In 2008, 28 malnourished children reportedly died – most were from poor families living in remote villages.

Malnutrition has again flared up in the province after the central government rejected a request for Rp 50.4 billion (US$4.5 million), which was sent to the Office for Coordinating Minister for People's Welfare.

At least 100,000 children in 20 regencies and mayoralties in East Nusa Tenggara are suffering from malnutrition.

Meanwhile, in Banyumas, as many as 666 infants died from complications during delivery, blamed on anemic and malnourished mothers, during 2007 and 2008.

Head of the Promotion and Services division at the Banyumas Health Agency, Supraptini, said the infant mortality rate in 2008 had dropped slightly compared to 2007, but was still categorized as high.

"Most of the babies were small and weighed less than the normal standard, or below 2 kilograms. This is attributed to their mothers' condition during pregnancy, or due an inadequate nutritional intake, so they suffered complications," Supraptini told The Jakarta Post on Thursday.

She said there were 380 infant deaths in 2007 and 286 in 2008, adding that Banyumas recorded an average of 300 infant deaths annually.

"We are quite concerned about the matter, but preventive measures are quite hard to make because most of them live in remote villages and its usually too late when they are detected," Supraptini said.

According to Supraptini, prevention must start begin with pregnant mothers consuming nutritious food and having routine examinations.

"However, that costs money, which is a big problem for them, who are mostly poor. That's why the babies couldn't be saved during delivery," she said. The local administration has initiated the Birth Plan and Complication Prevention Program by working together with community health centers and village polyclinics.

"We hope that with the program, an expecting mother can undergo checkups and detect the condition of her baby in the womb before it's too late," Supraptini said.

She added that another factor for the high infant mortality rate was the limited number of midwives.

Poverty, sickness lead to 137 suicides in four regencies

Jakarta Post - January 5, 2009

Agus Maryono, Purwokerto – In the past two years, at least 137 people in the four regencies of the Banyumas area of Central Java have committed suicide by hanging themselves because of frustration arising from poverty and prolonged sickness, the area's police chief said.

Banyumas Police Chief Snr. Comr. M. Ghufron said recently that the deceased were residents of Banyumas, Cilacap, Purbalingga and Banjarnegara regencies.

Ghufron claimed most of those people came from poor families and said that, "because of frustration and desperate feelings on the hardships of life they ended their lives that way. It's a bad situation and it should become our goal to stop it together."

Besides poverty, he said the people committed suicide because they suffered prolonged sickness and depression from other factors. "The main factor is economics. Those who suffered from sickness could not afford to buy medicines," Ghufron said in a press conference.

He added that suicides caused by depression accounted for only 10 percent of the total suicides. "We have cases, such as a man who hung himself after being left by his wife. So that was depression because of a domestic problem."

Ghufron revealed that the suicides were mostly committed during holidays, such as before the Idul Fitri Muslim holidays and after school holidays.

He said that during those days family members, including children, usually ask for money. "In that moment, they started to doubt their ability to meet economic demands and thus committed suicide."

He disclosed that among the 137 suicide cases 74 happened in 2007 and 63 occurred in 2008. "They are reported cases. It's possible that some suicides were not reported. So it's probably bigger than what we have revealed."

Education law still controversial

Jakarta Post - January 6, 2009

Erwida Maulia, Jakarta – The newly endorsed law on legal education entities continues to ignite public outcry, despite the government's efforts to defuse accusations that the legislation could lead to the commercialization of education. On Monday, education experts reiterated their objections to the law, threatening to file for a judicial review by the Constitutional Court of some contentious articles in the law.

The experts, however, have not yet decided which articles they will seek to have reviewed.

"There's only one option left to us: filing for a review of the law by the Constitutional Court. Therefore we must scrutinize which part of the law justifies the court fight," Utomo Dananjaya, director of Paramadina University's Institute for Education Reform, told a discussion on the law.

He said the law, endorsed by the House of Representatives last month, upheld the principles of autonomous campus management that had allowed six state universities to raise and manage public funds in exchange for reduced government subsidies.

Since the inception of the new status for the six universities in the early 2000s, Utomo went on, subsidies for the top state universities had been gradually cut at the expense of underprivileged students.

Former Jakarta State University rector Soedijarto said the national budget allocated to higher education only accounted for 0.24 percent of the GDP in 2007, much smaller in comparison to the United States, whose budget for higher education reached 2.5 percent of its GDP.

"Education legal entities indicate the government's attempts to evade its responsibility for funding education. This is a move that is in essence violating the Constitution," Soedijarto said.

Another former rector of Jakarta State University, Winarno Surakhmad, warned the impact of the law would be apparent within the next five years. He said he suspected there was a hidden agenda behind the law.

"The 2003 Law on the National Education System consists of up to 37 mandates the government must follow up on; why does it prioritize school management matters? Can it settle the problems of education in the country? I think this education legal entity law only creates more problems," Winarno said.

Conversely, observer Abbas Ghazali from Syarif Hidayatullah State Islamic University said he had no reason to worry about the new legislation.

The law, he went on, ruled on limiting the fees state universities could charge students to a maximum of one-third of their operating costs, while specifying that operating and investment costs of primary schools were the responsibilities of the government and local administrations.

"The crucial part of this law is its implementation," he said.

Corruption & graft

Public courts toothless in graft fight, say watchdogs

Jakarta Post - January 5, 2009

Irawaty Wardany, Jakarta – Anti-corruption groups have criticized public courts for allowing corruption suspects to make them their "heaven", as most graft suspects tried by the lowest to top courts this year were set free.

During 2008, there were at least 194 corruption cases handled by district, high and supreme courts, involving 444 suspects, but 277 of them, or 67 percent, were acquitted of all charges. Only 167 were convicted, according to Indonesia Corruption Watch (ICW).

ICW said that of the 167 convicts, 78 were sentenced to less than a year in prison and 22 were jailed for between one and two years.

Eighteen suspects were sent to jail for two to five years, five were sentenced to between five and 10 years, and only one received more than 10 years' imprisonment, while the remaining 10 were granted suspended jail sentences.

"Less than a year in prison will not deter corruption, let alone suspended jail terms," ICW legal coordinator and court monitor Emerson Yuntho told a year-end conference Sunday.

He said this fact was incongruous with the cases handled by the Corruption Court. "During 2008 there were 27 cases with 31 suspects tried by the Corruption Court, and all of them were found guilty," he said.

Emerson said there were several reasons behind the high number of suspects released by public courts.

The first was that the suspects were truly found not guilty. The second was that the indictments composed by prosecutors were weak, or weakened on purpose. And the third was that judges deliberately looked for considerations that benefited the suspects. "The last two reasons dominated their verdicts to release the defendants," he said.

For example, Emerson cited a corruption case implicating former Central Java's Pati legislative council speaker Wiwik Budi Santoso and his deputy Mundir Syarif, who were charged with embezzling Rp 2.6 billion (US$234,911) of their city's budget in 2004.

"They were all freed because they returned the money to the state, so the judges ruled there was no state loses in the case," Emerson said. Such a consideration, he argued, actually contradicted Article 5 of the 1999 Anti-Corruption Law, which strictly stipulates that restituting state loses does not dismiss someone from criminal charges.

Director of the Center for Anti-Corruption Study (Pukat) at the Gajah Mada University, Zainal Arifin Mochtar, shared similar views, saying there was a significant disparity between verdicts handed down by the Corruption Court and the general courts.

"We conducted a study in 2008 to compare the performance of these two courts and we found that most of the cases handled by public courts only sentenced convicts to one year in prison, while the Corruption Court mostly jailed suspects for at least five years," he told The Jakarta Post.

He said there were only two reasons behind the performance disparity between the two courts – a lack of political will and poor capacity. "These two reasons take turns in the public court's way of upholding the law," Zaenal said.

He said the incapacity element could still be overcome by conducting training to improve the ability of law enforcers. "It's the aspect of political will that matters the most because it involves many factors: money, power and court mafia," he added.

Both the ICW and Pukat urged the government and the House of Representatives to endorse a Corruption Court bill to strengthen the existence of corruption courts. "The main reason the Corruption Court was established is because we can no longer put the trust to public courts," Zainal said.

Lawmakers may avoid graft probe

Jakarta Post - January 3, 2009

Irawaty Wardany, Jakarta – The Corruption Eradication Commission (KPK) has warned it would be harder to probe possible graft cases against legislators elected in 2009, since they are not required under the new election law to report their wealth.

The KPK voiced regret that the new 2008 election laws do not oblige legislative candidates to report their wealth to the General Elections Commission (KPU).

"Unlike the 2003 legislative election laws, the new law does not stipulate any obligation for candidates to report their wealth to the KPU," M. Sigit, the KPK director dealing wealth reports of state officials, said Friday.

He said it was really disappointing that the new election law would not allow the public to measure the transparency and honesty of legislative candidates.

Based on the previous election law all candidates were obliged to report their wealth to the KPU, which later forwarded the reports to the KPK.

This made it easier for the KPK to carry out reverse verification when the anti-graft commission found indications of corruption linked to legislators elected in the 2004 elections, Sigit said.

However, he said, legislators elected in the upcoming elections would still be subject to the 1999 law on public officials that requires them to report their wealth to the Examination Commission.

But political expert Boni Hargens from the University of Indonesia said lawmakers could avoid this obligation because this law only stipulated public officials, but did not specifically mention legislators.

"The lawmakers who created this law were really smart. We should admit that. This will make corruption cases, which we can see involve many lawmakers themselves, harder to prove," he said.

Boni said most corruption cases, especially bribery cases, were proven through reverse verification and that would be harder to carry out now that current legislative candidates would not be required to report their wealth before being elected.

"This is the 'game' being played by the lawmakers who enacted the law," he said.

Boni questioned why none of the (interested) non-governmental organizations put enough emphasis on this issue prior to the law's enactment. "What we can do now is to propose a judicial review on the law," he added.

He urged non-governmental organizations to urgently file a request for the Constitutional Court to review the law. "We cannot possibly expect the proposal to come from the members of the House of Representatives".

Trillions of rupiah from haj fund unaccountable

Jakarta Post - January 3, 2009

Abdul Khalik, Jakarta – Every year around 200,000 Indonesians from across the country leave for Mecca, Saudi Arabia, to complete their haj pilgrimage and fulfill their religious obligation as a Muslim.

Many have to work hard and live thriftily their entire lives to be able to save enough money for the journey because for most Indonesian Muslims, going on the pilgrimage is a once in a lifetime opportunity.

But despite their sacrifice, many pilgrims are often subjected to inadequate and dissatisfactory services once in Mecca because the Indonesian government still considers them a "commodity".

The government earns a large amount of revenue from the management of the annual haj funds but every year trillions of rupiah simply disappear and cannot be traced.

Indonesia Corruption Watch (ICW) says the large amount of funds going missing could be being embezzled by officials and politicians.

The Religious Affairs Ministry, the country's sole operator of the annual pilgrimage, charges each pilgrim around Rp 30 million for the journey, and each individual must transfer Rp 20 million to the ministry's accounts just to make the waiting list.

Prospective pilgrims are put on a two to three-year waiting list due to the large number of Indonesians wishing to go to Mecca, which always exceeds the quota allocated by the Saudi Arabia government.

With the pilgrimage priced at Rp 30 million per person in Indonesia, the ministry collects Rp 6 trillion from the 200,000 prospective pilgrims each year.

But with many opting for the pricier ONH Plus package which costs US$4,000 to $6,000 per person, the figures in the end are actually much higher.

ICW said if the Rp 6 trillion worth of haj funds were deposited in a bank at an average interest rate of 10 percent, up to Rp 600 billion in additional revenue would be generated each year.

"But there is no report on the use of that money. The huge amount of interest generated should be returned to the pilgrims, or returned to the state as non-tax revenue. But still every year, we never hear anything about this growing pool of money," said Ade Irawan of the anti-corruption watchdog.

Suspicions have also been raised as Indonesia charges its pilgrims a much higher fee than other countries, including its closest neighbor Malaysia, but provides far inferior services.

Indonesian pay Rp 4.2 million per pilgrim more than Malaysian pilgrims, but receive nowhere near the same standard of services, legislator Soeripto from the Muslim-based Prosperous Justice Party (PKS) said.

"So, it's clear that there have been markups in our haj management. If, for instance, the expense is the same as that in Malaysia, then each year there should be over Rp 800 billion worth of extra funds that are unaccountable," he said.

The alleged embezzlement has also been detected in the overcharging of flight costs for Indonesian pilgrims.

According to ICW, the ministry set the flight tariffs in June- July last year based on an oil price of US$130 per barrel, even though when the pilgrims left for Mecca in November and December it was only $40-$60 per barrel.

"Based on our calculations, the Religious Affairs Ministry should have returned around US$75 million, or more than Rp 878 billion, to haj pilgrims," said ICW activist Firdaus Ilyas.

Many anti-corruption activists have warned that the haj funds, put under the control of the Ummah Trust Fund (DAU) – an off- budget fund control by the ministry – could be embezzled by high-ranking officials, channeled to lawmakers or used by political parties as a source of funding for their campaign activities.

The Corruption Eradication Commission (KPK) said it is investigating a report from ICW that Religious Affairs Minister Maftuh Basyuni "illegally" received allowances from the haj fund.

House says management of haj may go private

Jakarta Post - January 2, 2009

Abdul Khalik, Jakarta – The House of Representatives is considering shifting the management of Indonesia's haj fund from the Religious Affairs Ministry to a private firm following ongoing misappropriation scandals and worsening services for pilgrims in the past two years.

Some factions at the House have signed a proposal requesting the ministry, which under the 2006 haj law controls funds related to the pilgrimage, allow for investigations and an audit into the haj management to occur.

Prosperous Justice Party (PKS) faction head Mahfudz Siddiq said here Thursday the management of the haj fund in 2007 and 2008 had been very poor compared to the past, with accusations of embezzlement of public money remaining unanswered.

"Many pilgrims were neglected, went hungry and received poor accommodation. What did they get for paying such large fees? That's why we are filing a proposal for an inquiry into the haj management," he said.

Mahfudz said the proposal, which had been received by the House speakers and would be tabled at the House's Consultative Body later this month, was the first step toward haj management reform, better services for pilgrims and more transparent use of funds.

"If the investigation finds the ministry mismanaged funds, we have all the reasons to amend the law and transfer the haj management to a private and independent body," he said.

Ganjar Pranowo of the Indonesian Democratic Party of Struggle (PDI-P) said his party supported the audit of the haj management as a first step to finding irregularities within the ministry.

Each year, Indonesia sends around 200,000 pilgrims to Mecca.

Independent observers and lawmakers on pilgrimage this year reported that thousands of Indonesian pilgrims were neglected without proper food and shelter.

Political expert Fachry Ali urged the government to radically reform the haj management and hold the minister responsible for the poor dealings with pilgrims.

"We can't let people who are trying to fulfill their religious activities suffer because of poor management at the ministry. The fact that people accept this treatment only because they want to have a blessed pilgrimage only doubles the sins of (the organizer) who mistreated them," he said.

The Religious Affairs Ministry has also been accused of misusing around Rp 6 trillion of annual haj funds. Indonesia Corruption Watch (ICW) has revealed that Minister Maftuh Basyuni received millions of rupiah from the Ummah Trust Fund (DAU), an accusation later confirmed by the minister, who argued it was legal and that he had not received any money since May.

However, ICW said it had a document proving the minister still received US$5,000 on May 5.

"We will submit the new document to the KPK (Corruption Eradication Commission) soon," Firdaus Ilyas of ICW said. ICW filed a report to the KPK on Dec. 4 about the money received by the minister.

Another source of alleged fund misuse is the interest accumulated by the haj fund.

"Where is the money now? Who gets it? We don't know. It is an off-budget fund. It can be used for anything – as a 'cash-cow' for political campaigns or to pay lawmakers to smooth the passage of programs or bills. We demand it be abolished and handed over to the state as non-tax revenue," Emerson Yuntho of ICW said.

Islam/religion

Interfaith leaders urge UN to stop Israeli attacks

Jakarta Post - January 8, 2009

Jakarta – Dozens of interfaith leaders and politicians visited the United Nations office in Jakarta on Wednesday to pressure it to put an end to the Israeli strikes against Gaza.

They asked the UN to prove its effectiveness as an international body by ending days of attacks that have killed hundreds of Palestinians, including women and children.

Led by Muhammadiyah chairman Din Syamsuddin, the group of scholars from different religions conveyed their concerns in a written statement to UN Resident Representative El Mostafa Benlamlih.

"We come here because we still trust in the UN and we hope this organization has not become ineffective and meaningless as an international organization," Din told reporters at the UN office on Jl. Thamrin, Central Jakarta.

The statement condemned the "Israeli aggression as a gross violation of human rights and a naked crime against humanity".

"We urge the UN to take necessary measures by issuing and enforcing a resolution to force the Israeli government to stop the brutality. We also urge the UN to impose serious sanctions on Israel," Din added.

He warned the fighting would aggravate global tensions and conflicts, thus hampering efforts to establish peace in the world.

Among those also in attendance were the Jakarta State Islamic University (UIN) rector Komarudin Hidayat, Catholic leader Benny Susetyo, Protestant leader Nathan Setiabudi and the Hindu Darma Association's A.S. Kobalen.

Senior politicians present included A.M. Fatwa, Moeryati Sudibyo, Effendy Choiry and Hamdan Zoelva, with labor union leader Mochtar Pakpahan and renowned dangdut singer Rhoma Irama also making an appearance.

"We are so sad about what's happening in Palestine, especially to women and children. We hope the UN will do something and not just watch and smile, "Kobalen said.

Benlamlih promised to convey the statement to the UN headquarters in New York. He said what was going on in Palestine was not a religious issue, but rather a conflict between the strong and the weak, with both sides seeking justice and peace.

"We do agree with you that there is a lot of frustration about the way the UN is working. We still have to use the existing UN mechanism to achieve peace, "he said.

He added said the UN Security Council was working hard to resolve the Palestine-Israel conflict with support from European nations.

"The UN is not a superpower and is not a super government. We are just a forum," he said. "We maintain dialogs and put pressure on [attaining] peace."

The attacks that began on Dec. 27 have drawn daily protests worldwide. In Jakarta, the Indonesian Ulema Council (MUI) on Wednesday called for a boycott of US products because of "American double standards" over the Israeli military strikes on Palestine.

"I think a boycott of US products could serve as a lesson to the superpower for the double standards it applies," MUI chairman Ma'ruf Amin said as quoted by Antara news service.

Former UIN rector Azyumardi Azrasaid such a boycott would not be effective and would only make hurt Indonesians.

"We have only a few American products here, mostly Indonesian- owned fast-food restaurants that are franchises. The employees are also Indonesian," he said.

In Surabaya, the MUI's East Java office and several mass organizations sealed off a Jewish house of worship. "The sealing off of the synagogue is in response to the Israeli attacks, because people here are so angry. Azyumardi said. (naf)

Gaza strikes 'not religious conflict', group says

Jakarta Post - January 6, 2009

Yuli Tri Suwarni and Slamet Susanto, Bandung, Yogyakarta – Religious organizations grouped under the Inter-Religious Forum have called for Indonesians to stop viewing the Israeli- Palestinian conflict as a religious clash.

The group says the ongoing conflict in Gaza should be deemed a political, economic and territorial conflict, rather than a religious one, as is popularly played up here.

"We hereby call for all – Israelis and Palestinians – to stop committing violence under any name. And we call for the Indonesian government to proactively create peace in Gaza by prioritizing the dispatch of humanitarian missions to the area," forum coordinator Agus Zaenal Mubarok said Monday at a press conference in Bandung.

His statement was echoed by Minister Christian Oro from the Western Indonesia Protestant Church, who said all Indonesians should see the Gaza conflict from a factual standpoint.

"This is actually a matter of a power grab over a territory; a political matter," Oro said, adding the background of the conflict in Gaza had to be made clear to avoid problems in religious life in Indonesia.

Robert Suryanto from the Bandung Diocese and Willy George from the West Java Indonesia Church Union also shared Oro's concerns.

Robert said he was worried the Gaza conflict would create a social bias here, while Willy urged the media to be more careful in what it reported, saying, "Please be careful in writing sentences, to avoid misinterpretation."

Oro added that to support a peaceful settlement of the Gaza conflict, Christians in Indonesia had begun gathering financial aid to help Palestine's civilian victims of the bloody conflict.

He said Rp 7.75 million (US$720) had been collected as of Monday and that the aid would be channeled to Palestine through the interfaith forum.

In Yogyakarta, Muhammadiyah, the country's second largest Muslim organization, officially announced its condemnation of Israel's "brutal attacks" on Gaza and urged the UN to impose sanctions on Israel.

Muhammadiyah also urged the Muslim world, particularly Arab countries, to unite and take concrete measures to defend the Palestinians. The organization will send a medical team to the area.

"Arab countries have learned a good lesson from fighting Israel on their own. They are far more inferior in terms of weaponry," said Muhammadiyah deputy chairman Yunahar Ilyas.

He gave examples of "concrete actions" the countries could take, including launching joint political action, breaking off relations with Israel or imposing an oil embargo on the United States to force an end to the latter's support of Israel.

Yunahar, however, admitted it would not be easy to unite the typically authoritarian Arab governments.

"Unity can perhaps be reached if all incumbent leaders of the Arab states are replaced, because most people in these countries are actually ready to unite to fight Israel and its allies," he said.

Indonesian volunteers offer to fight against Israel

Adnkronos International - January 5, 2009

Jakarta – More than 4,000 Indonesians have offered to support Hamas and fight against Israel, a radical Islamist group has told Adnkronos International (AKI).

The Islamic Defenders Front (FPI) has been mobilising jihadists to support the ruling Hamas movement in the Gaza Strip against the current Israeli offensive.

"We started the list last Friday and more than 4,000 people registered to go and fight Israel," Sobry Lubis, secretary- general of the FPI told AKI.

Sobry said the FPI wanted to send only a thousand jihadists and the group was considering the background of the volunteers. Among the criteria is a willingness to die as a martyr.

"We have a list of ten points that volunteers must endorse for them to be considered. One of the obligations is a willingness to be a martyr."

Sobry did not provide details about finance for the mission, possible departure dates or the group's itinerary.

The FPI is one of several Indonesian groups to have drawn up a recruitment list. Analysts have expressed doubts suggesting that several groups had sought to do something similar in the past but there was no proof that Indonesians had fought in the Middle East.

Nevertheless, many in Indonesia – the world's largest Muslim country – feel strongly about the Palestinian issue. Thousands of people have protested in major cities throughout the archipelago against Israel's offensive over the past ten days.

Jakarta has no diplomatic relations with Israel and the Indonesian government has promised 2 million dollars in humanitarian aid. The Indonesian military has also said it is ready to send troops to Gaza if the United Nations requested members to take part in a peace mission.

An Indonesian humanitarian contingent arrived in Egypt on Monday in a bid to organise a medical aid centre on the border with Gaza.

The FPI is a hardline Islamic group known for conducting annual raids targeting night clubs, bars and venues that failed to observe the holy month of Ramadan.

Elections/political parties

Leaders warned not to attack government

Jakarta Post - January 8, 2009

Desy Nurhayati, Jakarta – Home Affairs Minister Mardiyanto warned local administration heads against criticizing government policies when campaigning for their respective political parties.

"They are representatives of the central government in their regions, so they should not attack the government in their campaigns," he told reporters at the State Palace on Wednesday.

"They also belong to the people in their regions, so they should be careful throughout campaigning to not side with a particular group of people and subsequently offend and alienate the others."

He said governors, mayors and regents must take leave and not use state facilities if they wished to campaign for their parties ahead of the April legislative elections.

He also cautioned state officials to ensure they would not neglect their state duties, especially providing public services, while on leave.

"Local administration heads are allowed to take part in election campaigns because it is their political right, but first they must obtain permission from the President," Mardiyanto said.

"They should also ensure their state duties remain a top priority."

The 2008 legislative election law allows state officials, including the president, vice president, governors, mayors and regents and their deputies to campaign for their respective parties as long as they take leave and do not use state facilities.

This issue is detailed in the General Election Commission (KPU) regulation on guidance for election campaigns, in which the approval letter by the President must be received by the KPU at least three days before the official starts campaigning.

The regulation also outlines the state facilities officials must not use throughout election campaigns including vehicles, buildings and telecommunication devices.

The Election Supervisory Body (Bawaslu) is authorized to monitor and impose sanctions on those found violating the rules.

Although the campaign period has been running for more than six months, no regional leaders have asked for permission to join the campaigns, Mardiyanto said.

2008 Law on Legislative Elections

Article 85

(1) Campaigns involving the President, Vice President, ministers, governors, deputy governors, regents, deputy regents, mayors and deputy mayors should fulfill the requirements as follows:

a. Facilities related to their positions should not be used, except for security facilities for state officials as regulated by the law.
b. Taking unpaid leave

(2) Leave taken to campaign must not be at the expense of state duties

KPU Regulation No. 19/2008 on Guidance of Legislative Election Campaigns Article 28

(1) The approval letter for leave must be received by the KPU at least three days before the candidate commences campaigning

(2) The letter must contain the schedules and locations of the campaign Article 29

(1) In participating in the campaign, state officials are not allowed to use state facilities.

(2) The facilities are as follows:

a. transportation means, such as operational vehicles
b. building, offices and houses belonging to the state
c. office equipment, radio and telecommunication facilities owned by the state.

Golkar questions survey results

Jakarta Post - January 7, 2009

Adianto P. Simamora, Jakarta – A good farmer never blames his tools, but the Golkar Party, winner of the last legislative elections, has raised doubts about the credibility of survey institutes that have published popularity polls placing the party in third place.

Golkar brought into question the integrity of recent surveys by the Indonesian Survey Institute and the Indonesian Survey Circle. Both surveys show the party – which garnered 20.6 percent of national votes in the 2004 elections – had a popularity rating of 13 and 11 percent, respectively.

"Although we have not yet begun campaigning, Golkar can still win 21 percent of votes from our traditional members. How can the surveys come up with such results?" the chairman of the party's team to ensure election victory, Burhanuddin Napitupulu, told a discussion at party headquarters in West Jakarta on Tuesday.

"I really don't believe that the number of voters supporting Golkar has declined as sharply as suggested by the surveys."

Burhanuddin said Golkar had dispatched in July last year more than 15,800 cadres to campaign in all electoral districts across the country. "The survey results appear like they are an 'order' placed by a certain party," he said, without elaborating.

A survey by the Indonesian Survey Institute, held from Dec. 10-22 last year, found that 23 percent of the 2,200 respondents preferred the Democratic Party, compared to 17.1 percent and 13.3 percent who picked the Indonesian Democratic Party of Struggle (PDI-P) and Golkar, respectively.

The Reform Institute revealed similar results, with the Democratic party in the lead with 26 percent of respondents, followed by the PDI-P and Golkar with 17.8 percent and 14.2 percent, respectively. In 2004, Golkar won the election with 20.6 percent followed by the PDI-P with 18 percent and the Democratic party with 7 percent.

A survey funded by the Indonesian Political Marketing Research (IPMR), owned by marketing guru Hermawan Kartajaya, found that Golkar was still the top pick among respondents, followed by the PDI-P and the Democratic Party.

The results of the IPMR survey – which involves 16,800 respondents representing all 77 electoral districts in 33 provinces – can be accessed by parties for a fee of Rp 2.2 billion (US$202,765).

Commenting on the large disparity between the survey results, political expert at the University of Indonesia, Andrinof Chaniago, said it was due to different methodologies applied by the pollsters and the number of respondents.

"Many of the survey results do not make sense. For example, how can the PDI-P secure 37 percent of the votes in the recent survey if the party reached its peak with 33 percent in 1999," he said.

Andrinof said surveyors needed to make their mechanisms transparent to the public before announcing results.

General Elections Commission member I Gde Putu Artha said the body was "disturbed" by the boom in the number of pollsters ahead of the legislative and presidential elections. "We need a regulation requiring pollsters to register themselves before conducting election-related surveys," he said.

Despite optimism, image of parties, DPR still negative - Survey

Kompas - January 5, 2009

Suwardiman – In welcoming the 2009 general elections, the public has placed its hopes in improvements to their economic and social livelihoods. In the shadows of the political arena however, the disappointing progress and performance of various state institutions has tended made the public pessimistic.

The public's level of confidence that there will be improvements to the economic situation appears to be quite high. This level of confidence may have been stimulated by popular policies recently enacted by the government such as the reduction in the price of fuel.

Although the drop in the price of fuel has not automatically flowed on to a reduction in the price of basic commodities and lower public transport fares, the "atmosphere" brought with it appears to have encouraged the public's level of optimism. This was reflected by the majority of respondents that stated they were positive that there would be improvements in household income and the capacity to purchase basic goods in 2009.

The public's optimistic attitude appears to be at odds with a number of analysts and economic predictions that say Indonesia's economic situation will not improve this year.

Conversely, the possibility of the economic situation worsening is very high as a consequence of global influences. It is quite possible that public's hope of improvements in the economic situation will be in conflict with optimizing the government's work in 2009.

There is concern that the focus of all political institutions – particularly in the first half of this year – will largely be directed at the grand political celebration titled the general elections. Never mind the realisation that major weakness in the economic sector will translate into the problem of limited job opportunities.

Although increases in the price of basic goods can be controlled by the government, the threat of dismissals as a consequence of a slump in the export market is no less dangerous. As many as 68.4 percent of respondents netted in this survey are pessimistic that there will be improvements in the chances of finding work in 2009.

In general terms, although 2009 is the "year of politics" because of the clamor of the political contest in the lead up to the elections, the majority of the public (54.64 percent) are of the view that the most important thing for the government to be working on remains economic stability and employment opportunities. This correlates with the problem of social welfare as the issue that is seen by the public as the most important thing for the government to address.

Political parties

In 2009, the issue that will dominant the colour of politics will be the legislative and presidential elections. In the lead up to this political festival, the political parties and the House of Representatives (DPR) have been greeted with a negative image in the eyes of the public.

This pessimistic note with regard to the performance of these two institutions is also quite strong this year. The public has the lowest level of confidence in the performance of the political parties and the DPR compared with its confidence in other state institutions.

In a survey carried out last week of 862 telephone owners in Indonesia's 10 largest cities, more than half of respondents (53.8 percent) said that the political parties' image was bad. Those who believed the opposite meanwhile was only 38.3 percent.

The political parties will become the principle stars in the political drama this year. The climax being on April 5 when voting will take place. The "existence" of the political parties will be demonstrated by the number of seats they take in the parliament when the results of the election are announced.

The political parties however will indeed have to work hard to overcome their poor image in the eyes of the public.

Preparations in the lead up to this year's elections have already been apparent over the last few months, including among other things by intense campaigns by political parties that will take part in the elections and the figures who will be contesting them.

Almost all of the political parties have aggressively tried to reach out to and introduce themselves to the public though campaigns in the mass media and in every space in the public domain. In the next few months it is certain that every single city will be full of the varied colours and identities of the political parties. Posters, banners, stickers, billboard full of jargon, party symbols and the "rosy" faces of candidate leaders will cover every corner of the cities. Festive and chaotic.

But in fact, not all state institutions are seen negatively. The Corruption Eradication Commission (KPK) for example, which has exposed a number of high level corruption cases recently, has earned the highest level of public appreciation. Institutions such as the Indonesian military, the police, the administration and cabinet follow with an improving appreciation by the public.

The KPK's positive image has been built, among other things, on its sustained work in exposing cases of corruption. In 2008 alone the KPK uncovered 86 cases of corruption, 34 of which resulted in sentences with 52 others still in process.

Performance of the DPR

The public's negative assessment of the DPR is rooted in disappointment with the performance of the people's representatives who they voted for in the previous elections.

The majority of respondents (68.6 percent) in this survey stated that that the performance of the legislators that they voted for in the 2004 elections are still far from what they had hoped for. Only one in four respondents stated that lawmakers had fulfilled their expectations.

The public's disappointment could be a consequence of the reality of the DPR's performance over the 2004-2009 period. In the legislative area for example, a lack of consistency on the part of the DPR has been apparent in terms of meeting the National Legislation Program (Prolegnas).

In 2005, out 55 priority draft laws, only 14 were finished. In the following year, out of 44 priority draft laws, 39 were completed. In 2007, the DPR exceeded the target of 32 draft laws by completing 40, although six of these were only laws related to the administrative decentralization process. In 2008 meanwhile, the DPR also "pursued its rental fee" by completing 64 draft laws out of a target of 31.

Unfortunately, out of the many draft laws that were completed and approved by the DPR, the majority were not initiated by the DPR. Not to mention the poor quality of the legislation produced as reflected by the many laws that were later submitted for to the Constitutional Court for judicial review. At least 154 laws have been brought before the Constitutional Court since 2003.

Legal cases involving members of the DPR or the Regional House of Representatives (DPRD), many of which have colored reports in the mass media and the television over the last year, have further damaged the house's image. Ranging from corruption, drug use and morality related cases – such as the circulation of an immoral video involving a legislative member – these cases have tarnished this term of the people's representatives in office.

Doubts

Among the other state institutions, the political parties and the DPR are the institutions that the public is most doubtful will undergo any improvements this year. Improvements in the performance of these two pillars of democracy will determine the political face of the state for the next five years. This will of course been in concert with meeting the public's hopes in the economic and social welfare sectors. (Kompas Research and Development Division)

[Translated by James Balowski. The original title of the report was 'Tracing a sense of hope in 2009' - Survey]

Economy & investment

Central bank responds to critics with sharp rate cut

Jakarta Post - January 8, 2009

Mustaqim Adamrah, Jakarta – The central bank has given the corporate sector hope by slashing its benchmark interest rate for the third consecutive month in a bid to cushion the impact of the global economic slump and amid a recent slowdown of inflation.

Bank Indonesia (BI) gave the first signs Wednesday it was willing to slacken its monetary policy, with a rate cut of 50 basis points to 8.75 percent, which according to analysts is the steepest single cut in more than 12 months.

The central bank slashed the rate to 9.50 percent and later to 9.25 percent in November and December, respectively, after raising it for six consecutive months from 8 percent starting May last year.

"BI has made the decision after considering the country's monetary condition and the economic prospect in 2009," said BI governor Boediono.

"It is possible that the rate will be lowered again later if inflation can stay at near 5 percent," he said, adding that BI would evaluate the impact of the rate cut periodically.

BI has been widely criticized by businesses for its defensive monetary policy at a time when the corporate sector is in dire need of access to low-cost loans to help spur the economy due to the global economic crisis.

Indonesia is targeting to secure an economic growth of between 4.5 and 5.5 percent this year, with a key driver expected to be domestic consumption.

Boediono said he believed the 0.04 percent deflation rate in December, which capped 2008 with an inflation rate of 11.06 percent, had in part encouraged BI to loosen its policy.

BI has forecast an economic recovery will begin in the fourth quarter of the year, driven mainly by government spending and domestic consumption.

"Spending on infrastructure and the general elections will bolster our economy this year," said BI senior deputy governor Miranda Goeltom.

Indonesian Employers Association chairman Sofjan Wanandi welcomed the cut, saying it was a "good signal" for the business climate.

"But BI should have gone further by lowering the rate by 100 basis points as jitters over inflation no longer exist."

"Most importantly, banks should comply with the cut by lowering their borrowing rates for the manufacturing sector by around 10 percent to 13 percent," Sofjan said, adding that borrowing costs now averaged between 14 and 18 percent. Indonesian Textile Association chairman Benny Soetrisno said commercial banks were still reluctant to lower their interest rates. (hwa)

Nationalism won't boost competitive edge: SBY

Jakarta Post - January 8, 2009

President Susilo Bambang Yudhoyono warned Wednesday that attempts by domestic industries to play the nationalist card to seek protectionist policies would lead to lack of competitiveness in the domestic market.

Yudhoyono said local companies should be able to compete with an inflow of imported products and be able to win the hearts of local consumers by increasing competitiveness.

"Domestic products should be able to compete with imported ones in terms of quality and price. I am sure conditions will improve if we promote a campaign to 'love and buy domestic products'."

"But industries should not use nationalist arguments and preference for local products while being inefficient," he said.

Given the global economic slowdown, there is a growing tendency to prioritize local products despite them sometimes being more expensive or of lower standard, while government and businesses are intensifying campaigns to buy local products.

Indonesia, Southeast Asia's largest economy, has been struggling to cushion the impact of the global economic downturn by strengthening local consumption of local products, which can be a key driver to economic growth in present conditions.

"If domestic products can be competitive and innovative, no need to worry about recession because our industry will be able to meet demands from the local market. Our economy will be more robust," said Yudhoyono. – JP/Desy Nurhayati

Indonesian exports can still grow by finding new markets

Jakarta Post - January 7, 2009

Mustaqim Adamrah, Jakarta – Indonesia's exports of non oil and gas commodities will be affected as the global economic downturn slashes demand, although exports could still grow by up to 8 percent this year as firms diversify export destinations.

Trade Minister Mari Elka Pangestu said Tuesday when delivering her ministry's assessment on export prospects for 2009 that non oil and gas exports would grow by between 4.3 percent and 8 percent. Those figures are much lower than the annual average 18.3 percent export growth achieved between 2003 and 2007.

Even for 2008, when the global slowdown began to hit towards the end of the year, Mari said non-oil and gas exports were still estimated to grow by 18 percent for the year, well above the 14.5 percent target.

"The estimated growth of 2009's non-oil and gas exports uses a macro model and is based on assumptions about global trade growth, rupiah depreciation (against the US dollar) and (the volatility of) commodity prices," she told a conference.

Mari said the growth of non-oil and gas exports would much depend on the growth of world's economy.

The country's non oil and gas exports would grow by 4.3 percent, 6 percent, or 8 percent if global trade grew by 3.4 percent, 3.6 percent, or 4.4 percent, respectively. Non-oil and gas exports contribute about 80 percent to the country's total exports.

Mari also said the projected growth had taken into account government policies in responding to the global economic downturn and their effectiveness.

"Of the projected 8 percent growth, 3 to 4 percent will be attributable to government policies in anticipating (the impact of) the crisis," she said referring to the government's Rp 50 trillion (US$4.85 billion) stimulus package.

"The growth would be lower than projected if these policies were excluded, or end up with failure."

Despite the fairly "small" growth projected in non-oil and gas exports this year, she said the country would still be able to book a surplus as imports would correspondingly follow the decline in exports. "Our (2009) trade balance will remain in surplus, with the same amount, or lower than that we booked in 2008," said Mari.

In an effort to help realize the projected 2009 growth, she said the government would seek new export markets since Indonesia's main traditional export markets, including the United States, the European Union and Japan have all been severely affected by the crisis.

New markets would include South Africa, Kenya, Nigeria, Egypt and Middle Eastern countries, she said. "Iraq and Iran have actually the potential to become our new markets."

She said the government would redirect the country's top 10 goods categories, sales of which had begun dropping significantly in main export markets, to the new markets. The goods categories included furniture, textiles and garments, crude palm oil, construction materials, fisheries and shrimps and footwear.

Exports continue to fall amidst economic downturn

Jakarta Post - January 6, 2009

Mustaqim Adamrah, Jakarta – The global economic downturn continues to strike the country's exports hard as weakening demand and falling commodity prices pushed down November's exports by around 11 percent from a month earlier, the Central Statistics Agency (BPS) reported Monday.

Exports in November last year dropped to US$9.61 billion from $10.81 billion in the previous month. The November 2008 figures represented a 2.36 percent decline from the same month in 2007.

According to the BPS, exports of oil and gas products were recorded at $1.44 billion in November, while non-oil and gas exports stood at $8.17 billion.

"Like other ASEAN members and Japan, Indonesia's total exports also plunged 11.09 percent to $9.61 billion in November," the BPS' deputy head on distribution and service sector statistics, Ali Rosidi, told the press.

With the advanced economies beginning to head toward recession in October, importing countries started reducing demand, causing trade-dependent countries to suffer.

Indonesia – whose economy heavily depends on commodities such as coal, chocolate, palm oil, rubber, coffee, copper and tin – suffered significant drops in commodity exports.

The BPS noticed the deepest slump in non-oil and gas exports was in coal which fell as much as $232.2 million, while the highest gain was on woven garments, as high as $50 million.

Although overall exports dropped in November, Ali said exports to the United States, on the contrary, were up to $935.2 million from $922.7 million in October, thanks to increasing demand for fishery products, shrimps and woven garments during the Christmas holidays. The US, the world's largest importer, is now officially in a recession.

Ali said the country's fish and shrimp exports to the US rose to 29,700 tons in November from 5,400 tons in October.

Ali said declining exports have had an impact on the nation's trade balance, although not too much, as imports were also down. "On the bright side, our trade balance in the January-November period is still positive because our imports dropped more than our exports," Ali said.

During that period, the country's total exports and imports reached $128.09 billion and $120.97 billion, respectively.

Meanwhile, total exports and imports in the January-November 2007 period stood at $103.16 billion and $56.06 billion, respectively, the BPS figures show.

Total imports slumped 17.87 percent to $8.72 billion in November last year from October's $10.61 billion, although still higher than the $5.86 billion in November 2007.

Ali said the drop in imports mainly occurred on the imports of raw and supporting materials that accounted for 73.02 percent of non-oil and gas imports in November, compared to 74.89 percent in October.

Meanwhile, the BPS figures show that imports of productive and consumption goods in November contributed 20.07 percent and 6.91 percent, respectively, of non-oil and gas imports.

Stimulus to spur economy to 5%

Jakarta Post - January 6, 2009

Mustaqim Adamrah, Jakarta – Having earmarked Rp 50 trillion (US$4.9 billion) for a stimulus package to help the country survive the economic crisis, the government said Monday the money could help the economy grow by as much as 5 percent this year and keep the unemployment rate flat.

At a time when most economies in the world are suffering severe slowdowns, and others are plunging into recession, a 5 percent growth would represent quite an achievement for developing nation Indonesia, acting Coordinating Minister for the Economy Sri Mulyani Indrawati said Monday.

"We take the moderate 5 percent as our working benchmark this year," said Mulyani, who is also the Finance Minister, during a discussion with the media and analysts.

The government had earlier forecast the economy would expand by 4.5 to 5.5 percent with several reputable financial institutions, including the World Bank, the International Monetary Fund and the Asia Development Bank projecting figures of 5 percent or below.

On Sunday, President Susilo Bambang Yudhoyono said the government had allocated Rp 50 trillion this year to help the economy cope with fallout from the global financial crisis.

Around Rp 38 trillion of that money will come from what is leftover from the government's 2008 state budget, and Rp 12 trillion from the 2009 state budget.

The stimulus will in part come in the form of tax reliefs, direct funding for certain business sectors worst hit by the crisis, additional financing schemes for infrastructure projects and net safety programs.

"With this stimulus, we hope the economy will keep on running and secure jobs for many people," Mulyani said.

The government will ensure the stimulus be given only to industries that meet certain criteria, including industries that are mass employers or that produce primary goods or significantly contribute to exports, according to Industry Minister Fahmi Idris and Trade Minister Mari Elka Pangestu.

Mulyani said the decline in exports and investment would be compensated by an expansion of government spending and consumption, which she forecast would grow by 10.4 and 4.8 percent, respectively.

M.S. Hidayat, chairman of the Indonesian Chambers of Commerce and Industry, said the stimulus would help prevent a mass layoffs. "As long as it is used properly and reaches its targets, the stimulus will significantly reduce layoffs this year," Hidayat told a media briefing.

Mulyani said the stimulus would help reduce the unemployment rate to 8.34 percent by the end of this year, adding that the rate would reach 8.87 percent without the stimulus.

The Central Statistics Agency announced the "open" unemployment rate increased to 8.39 percent of the country's total workforce of 111.95 million in August last year from 8.46 percent of the 111.48 million at work in February.

The open unemployment rate refers to the number of eligible workers aged between 15 and 64 that are unemployed.

Indonesian shares surged 6 percent, helped by news of easing inflation in December, which could inspire the central bank to cut interest rates later in the week, dealers said.

Traders also attributed buying to gains in most Asian markets amid hopes for strong action by the incoming administration of US president-elect Barack Obama to improve the US economy.

On the first trading day of 2009 the Jakarta Composite Index rose 81.93 points to 1,437.34 in moderate volume, with gainers leading decliners 123 to 32. The rupiah ended at 11,125 to the dollar, the same level as the close of trade before the New Year break.

Indonesia's inflation eased to 11.06 percent in December from 11.68 percent in November, mostly on lower fuel prices, which will likely prompt the nation's central bank to cut interest rates when it meets Wednesday. (hwa)

Elections will boost economy: SBY

Jakarta Post - January 2, 2009

Aditya Suharmoko, Jakarta – President Susilo Bambang Yudhoyono on Wednesday said the government would cushion the country against the impact of the global economic downturn by providing an expansive stimulus package and sponsoring massive infrastructure projects.

"We are preparing a new stimulus package," Yudhoyono said at a press briefing on Wednesday, adding the package would be in addition to spending planned for in the state budget.

Finance Minister Sri Mulyani Indrawati, who accompanied Yudhoyono at the briefing, said the government could add to the amount of the fiscal stimulus to revive businesses, which were expected to be hit hard by the global slump.

The package, she went on, would be taken in part from the surplus of the revised 2008 state budget – about Rp 20 trillion (US$1.76 billion). This amount excludes some Rp 12.5 trillion in the state budget for waived income tax, value-added tax and import duty.

Mulyani also said the government would study which industries were applicable for the assistance.

Indonesia, Southeast Asia's largest economy, will have to rely heavily on domestic consumption by its 230 million people to stem the fallout from the global meltdown, which is already taking a toll on Indonesian exporters due to a drop in global demand. Domestic spending accounts for more than 70 percent of the economy.

Yudhoyono, who faces an election this year, said the stimulus package would be designed to match the state budget and the impact on the economy, with the government not borrowing money from foreign parties unless it was to support the economy. "It's hard to get loans now," he said.

While remaining optimistic the economy would grow by more than 4.5 percent in 2009, Yudhoyono also called for a boost in government spending on infrastructure, which would mostly be carried out by the Transportation Ministry, the Public Works Ministry, the Agriculture Ministry and the Energy and Mineral Resources Ministry.

The Public Works Ministry and the Transportation Ministry have been allocated Rp 32 trillion and Rp 16 trillion, respectively, for infrastructure projects.

Yudhoyono also said the government would prioritize job creation, fighting inflation, cutting the fuel subsidy, protecting the poor and ensuring sufficient food reserves – issues which will definitely sell ahead of the elections.

The elections are seen by many as a blessing for the economy, with political parties and legislative and presidential candidates expected to spend big on campaigning, including for T-shirts, flyers, advertising, food and transportation costs for supporters.

Yudhoyono said he expected more optimism in 2009 because of the boost the elections would give to the economy. "Elections regenerate the economy. Do not view 2009 with despair," he said.

The country's economy may grow by between 4.5 percent and 5.5 percent this year, lower than the 6 percent predicted for 2008.

Foreign investors dominate Indonesia stock market

Jakarta Post - January 2, 2009

Ika Krismantari, Jakarta – Foreign businesses were still keen to invest in Indonesian stocks last year, shrugging off worries about the future of the bourse.

A year-end report from the Indonesia Central Securities Depository (KSEI) reveals that foreign investors accounted for the largest portion of investment in the Indonesian stock market last year, with a 67 percent share up from 66 percent in 2007.

The figures show that foreign investors have confidence in the Indonesian market as liquidity problems in their home countries have forced them to invest in emerging markets, KSEI president director Ananta Wiyogo said recently.

"Maybe they sold their assets in other countries, but not in Indonesia. We are still attractive to them," he said.

The Indonesian stock market, whose main index and capitalization fell last year by 49.3 percent and 45.9 percent respectively, will see the return of investment this year on fairly low share prices and still-attractive yields, analysts say.

Foreign investors have been able to make 15 to 20 percent in yield from investments in the stock market, and will continue to look at Indonesia and other emerging countries as they earn less from investments in developed countries.

Foreign investors had left the market during the October collapse, but had now started to return and this trend is likely to continue this year, analysts say.

While still dominating the capital market portfolio, asset value held by foreign investors declined by 45.7 percent to Rp 646 trillion (US$60.07 billion) by the end of last year, from Rp 1,191 trillion in 2007, as impacts of the global financial downturn impacted stock value.

Local investors accounted for 33 percent of the market in 2008 with stock assets worth Rp 210.2 trillion, down from Rp 400.9 trillion in 2007.

According to unofficial reports, less than 1.5 million Indonesians have investments in the Indonesian stock market.

The Indonesia Stock Exchange (IDX) has targeted to attract 2 million local investors last year and again this year.

Indonesia's largest institutional investor in the local stock market is the PT Jamsostek state pension company.

Analysis & opinion

Convicting lawmakers

Jakarta Post Editorial - January 8, 2009

The Corruption Court on Wednesday jailed two lawmakers – they were sacked by their political party after their arrest – for receiving bribes to speed up the amendment of the Bank Indonesia law and to smooth the settlement of a graft case. It will be much more difficult now for the House of Representatives and political parties to deny strong public perception that House members are no less corrupt than those they often criticize.

The court sentenced Hamka Yandhu and Anthony Zeidra Abidin – both from the Golkar Party – to three years and four-and-a-half years, respectively, for receiving gratuities in a scandal centered on the central bank. It is a relief the same court has also sent to jail two BI officials for bribing the legislators. In many cases only the bribers are punished, while the bribe recipients walk free.

On Monday, another House member, Al Amien Nur Nasution of the United Development Party (PPP), who was also fired by his party after his crime surfaced, was sentenced by the same court to eight years for bribery and blackmail. More legislators are also on the Corruption Eradication Commission's (KPK) watch list.

Will the people who flaunt their pictures in so many places to woo voters ahead of April's legislative elections be truly different from the current legislators who are publicly perceived as corrupt? With at least three House members and dozens of regional councilors convicted of corruption or receiving bribes, will voters still have the enthusiasm to go to polling stations in April?

Even until last year, many members of the 550-strong House of Representatives tirelessly criticized the government – the President, ministers and senior government officials – and often threatened to block draft bills, including budgetary bills, because they claimed that as the representatives of the people, they were obligation to ensure this country was sterile from dirty practices like corruption.

While in the last two years courts have thrown many regional legislators – from Southeast Sulawesi province all the way to Sukabumi in West Java – in jail for stealing from state coffers, the House remained a bastion of the untouchables.

Because the House has final say on legislations, we wonder just how rampant corruption is in passing bills into laws. When any laws are passed after legislators receive bribes, it is very easy to imagine the effectiveness of the law in ensuring public and state interests. It is no wonder, then, that many of our laws are regarded as weak by academics and law enforcers.

Away from the capital, many local legislators have been jailed because they stole state money in primitive ways.

We just do not know how the political parties and their candidates will face the public during campaigning for the general elections. Perhaps they will take the easy shortcut: Pay celebrities, including dangdut singers, to entertain the masses. Because the voters know very well they have little trust in the candidates.

Although we know that political parties very likely have little interest in punishing their corrupt members, we just want to remind them not to underestimate people at the grass roots. The politicians are wrong if they think the media and some NGOs are exaggerating the issue of corruption in legislative bodies. Just talk to the people and they will give scathing assessments of the behavior of our politicians.

In the long run, the KPK is expected to bring more corrupt officials to court. The bribers and the recipients should be treated equally as criminals. What about the House? Many legislators are perhaps now also worried about their own fate, and that is one of the reasons why our House members are much less outspoken now on clean governance issues.

It is very tragic that laws were passed after those in the legislature responsible for them received bribes from those – from the government or private sector – with an interest in having the laws enacted.

Who killed Munir?

Tempo Magazine Editorial - January 6-12, 2009

President Susilo Bambang Yudhoyono once said that the Munir case was a "make or break" situation. It was decided last Wednesday, by a panel of judges at the South Jakarta District Court, which acquitted Muchdi Purwoprandjono in the murder of Munir Said Thalib, who was poisoned during a flight to Europe on September 7, 2004.

The judges, headed by Suharto, stated that Muchdi, the former Commander of the Special Forces who was at the time seconded as Deputy V for Support Operations at the State Intelligence Agency (BIN), "could not be proven fully and convincingly" that he committed the crime he was charged with. Muchdi confidently strode out of the courtroom, headed for his home in South Jakarta, with a victorious smile on his face.

Muchdi's New Year's gift from Suharto's panel of judges is a stark reminder of the bitter reality of attempting to go against sinister powers in Indonesia. From the outset it has been a difficult and slow process to find Munir's killer. For the first three years, for instance, the investigation went in circles, making some progress then suffering setbacks.

It was only four years after Munir's death, precisely on August 21, 2008, that Muchdi Purwoprandjono made his first appearance in the South Jakarta District Court as an accused. Four months into the trial, the court presented 14 witnesses, three experts, and four police officers who questioned the suspect during the investigation process.

During the investigation, there was a glimmer of hope that, finally, the mastermind behind Munir's murder would be revealed. Two of Muchdi's staff members at BIN, for instance, admitted to knowing Pollycarpus Budihari Priyanto-who was sentenced to 20 years imprisonment in the same murder case-as someone whom they once saw in Muchdi's office. Another witness, a member of the Special Forces who also works at BIN, admitted to seeing Pollycarpus in the office of one of BIN's directors, Budi Santoso.

Yet when the case went to court, all the witnesses whose testimonies pointed to Muchdi withdrew their statements made during their questioning. The prosecutor also failed to produce Budi Santoso, the "star witness" who was expected to expose Muchdi. Suharto's panel of judges used this deficiency to acquit Muchdi, who is currently deputy head of the Grand Indonesia Movement (Gerindra) Party, of all charges.

The murder of Munir is not an ordinary crime. The decision to eliminate this human rights activist can be traced to pre-reform days, when the objective of silencing anyone who fought for change justified the means. The murder of Munir actually had much larger and long-term political objectives. That heinous crime can also be seen as a part of a movement to drain this country's social capital.

It would not make sense, therefore, to close the book as yet on the Munir murder case, in spite of the verdict. President Yudhoyono's decision to study the verdict of the South Jakarta District Court, is worthy of support from all those who yearn for justice and change in this country. People must be convinced that this effort will be done transparently and result in progress.

Much controversy has surrounded the Muchdi trial, which ultimately brought the government's resolve into question. One example is the failure to produce the witness 'mystery man' Budi Santoso, in court. How difficult is it to bring a former (or current) member of BIN to court?

The excuse given for failing to put Budi on the witness stand has been his overseas posting as a staff member of the Indonesian embassy in Pakistan- and later, in Afghanistan. If an ambassador can be called home on occasion, then surely a mere embassy "staff member" would be easer to do-unless, of course, he is being protected by invisible hands with ambitions exceeding the power of the Head of State.

The effort of the Attorney General's Office to file an appeal against the Muchdi verdict should be seen as inevitable. Many links in this case could be further exposed, and new evidence should be sought. For instance, there are still inconsistencies with regards to the exact location where Munir was poisoned. One version has it taking place in the Garuda airplane, while another claims it happened on the ground in Singapore.

And new evidence which could break this case open would of course be Budi Santoso, "the mystery man". It is difficult to believe that the state is unable to produce this person in court. In fact, this could have a negative impact on the human rights situation in Indonesia. If they are unable to bring forth someone like Budi, then President Yudhoyono's political slogan, "Together we can continue the achievements we made" will seem nothing more than a joke before the next elections.

Contextualizing Muchdi's acquittal

Jakarta Post - January 6, 2009

Aleksius Jemadu, Bandung – The political impact of the acquittal of former top spy Maj. Gen. (ret) Muchdi Purwopranjono of all charges in the murder of human rights activist Munir Said Thalib will damage the public's sense of justice.

As it turns out, more than 10 years of democratization has not changed our basic attitude towards human rights. As a new democratic state, Indonesia is not yet at peace with its own past.

There is clear evidence that both the Indonesian Military (TNI) and civilian leaders who hold strategic positions within the government have developed a tacit agreement that all past violations of human rights be dealt with in such a way so as to uphold the dignity of the TNI and its former leaders.

As a retired general, President Susilo Bambang Yudhoyono finds himself in a difficult situation. As a matter of fact he has strong popular legitimacy as the first president elected directly by the people. However, it took some time before he decided to use his presidential influence so the investigation of Munir's murder could reach prominent figures from the State Intelligence Agency (BIN).

As it has turns out, SBY does not seem to have the courage nor is he willing to risk violating the tacit agreement that has characterized the way Indonesia has dealt with military crimes in the past. It should be noted that under President Megawati Soekarnoputri, SBY was the coordinating minister for political and security affairs, whose responsibilities included the implementation of martial law in Aceh that led to unpublished violations of human rights.

In the lead up to the 2009 elections, SBY wants very much to appear as a real reformist and does not want to be troubled by those who question his moral credentials. According to media reports, SBY will summon the National Police chief and attorney general for clarification of Munir's case and the verdict.

Although SBY's reaction can be seen as a sign of seriousness in the handling of this issue, it is not clear what the president, as an executive branch of government, can do to restore the justice that has been damaged.

It is interesting to note that during the trial, Muchdi always claimed he was a "victim of foreign intervention". Muchdi's nationalistic rhetoric is a typical self-defense mechanism common among former TNI leaders who reject the notion of the universality of human rights. It is speculated that had SBY gone all out in the prosecution of the Munir case, he would have been accused of being unnationalistic not only among his fellow generals but also in the eyes of the TNI as an institution.

Political contestation between a pragmatic state led by military and civilian leaders who were once part of Soeharto's authoritarian regime and civil society organizations with their cosmopolitan idealisms will continue to characterize Indonesia's democratization in the coming future.

The dynamics of such a contestation is very much related to the circumstances under which Indonesia's reform movement was born. What started out as pure democratic movement led by the students has been hijacked by opportunistic leaders who are ready to bargain on everything except the emasculation of their own political power.

Munir's wife Suciwati and human rights activists from various organizations are in a political battle not only against Muchdi as an individual but also a network of political establishment with an extensive influence upon all branches of government. There is not much civil society can do to weaken the power of that network.

However, let us not lose hope easily. There are also signs that the power of the voters will eventually prevail. The decision by the Constitutional Court that the legislative seats only be granted to the candidates who secure the most votes in the elections should be welcomed with enthusiasm.

On top of that, there are certain individuals within military and government bureaucracies whose democratic credentials are beyond doubt. Civil society organizations, including NGOs, the media, and academics, have the task of supporting them and publicizing their noble characters and good conduct as part of public education that they deserve popular support. The old established military and bureaucratic power should be counterbalanced by the network of genuine democratic forces.

At the end of the day, as the people become increasingly critical in their voting behavior all the bad politicians will be selected out. We leave it up to SBY himself to decide whether he wants to continue to be part of the old established forces or emerge as the champion of reform movement worthy of winning the second time the popular mandate in the coming presidential election.

[The writer is a professor of international politics living in Bandung.]

Respecting people's choices

Jakarta Post Editorial - January 5, 2009

The Constitutional Court's ruling on the distribution of legislative seats late last month deserves applause, as it basically curbs the power of the party system and instead allows for the clear articulation of the voices of voters, the people. But when it comes to implementation, the ruling may create problems.

With Law No. 10/2008 on legislative elections, the court has ruled that seats in the nation's legislatures will go to the candidates who secure the most votes in the election.

It therefore nullifies article 214 of a 2008 law which granted political party leaders the authority to unilaterally hand-pick their close supporters as party representatives in national and regional legislatures.

The Court's ruling, though democratic in nature, is not enough to make the upcoming elections a true feast of democracy. The ruling could potentially create problems because it does not consider the 2.5 percent national eligibility threshold required for a political party to be represented in the legislature.

Thus, if a candidate wins the most votes in one district, it is not yet certain if he/she would get the seat at the legislature, especially if his/her party fails to collect the necessary 2.5 percent of votes.

The court's ruling also goes against the spirit of giving women a greater role in politics. It runs counter to article 55 of the same law that the Constitutional Court has examined (Law No. 10/2008), which stipulates that at least one in every three legislative candidates nominated by each political party must be a woman.

Some parties have deliberately put women candidates high on their ballots in the hope that they will win seats. But, with the court's ruling, the placing of female candidates at the top of lists is no longer relevant.

No wonder women's rights activists are furious with the ruling, saying that it negates their long struggle for a 30-percent quota of women in legislatures.

Furthermore, the court's ruling seems to mean that the upcoming election will work using the district system, while the basic laws of the upcoming election system are in fact a combination of both the district and proportional system.

Thus, without recognizing the spirit of the election laws, the Constitutional Court's decision is a mere disruption to the heating-up election process. This creates complications for the General Elections Commission (KPU), as it carries a number of technical problems. Up until now, for example, the KPU and party contestants differed on how the balloting system should work, namely, whether voters should be allowed to choose both a political party and a candidate.

As the April 2009 legislative election is fast approaching, the KPU needs to tackle these basic and technical problems with haste. There is a plan by the President to issue government regulations in lieu of the law (Perpu), in order to cover the technical loopholes following the issuance of the court's ruling.

As the ruling is binding in nature, it is suggested that the Constitutional Court revoke other contradictory articles in each of the three political laws – Law No. 2/2008 on political parties, Law No. 10/2008 on the legislative election and Law No. 42/2008 on the presidential and vice presidential election.

Articles that should be revoked include article 16 (1d) of the political party law, which grants every political party the right to "recall" any of its members from the legislature if he/she goes against the party's lines. As legislators are determined by the number of votes they receive, not by their number on the list set by the party, giving the parties the right to recall cadres from the parliament becomes irrelevant.

If this is not possible because of time constraints then the government and KPU must work harder to ensure that the implementation of the court's ruling does not create problems in the future and will not hinder the preparation process for the elections.

In the longer term, the government and the future House of Representatives – that results from the upcoming elections – should think of the ways to make our democracy work better, including through better election processes – be they a combination of district and proportional system or a pure district system.

The most important thing is to make the voters, the people, and not the political parties the true deciders of the elections. As a result, our legislators would truly represent the people and not their parties.

Killer on loose?

Jakarta Post Editorial - January 2, 2009

The gavel was struck three times in the courtroom on New Year's Eve, after the former intelligence deputy was pronounced a free man. The good name of Muchdi Purwopranjono, charged of masterminding the murder of a prominent activist, must be restored in full, a member of the panel of judges said amid the din and shouts of those who rejoiced, and those who despaired.

Now we're virtually back to zero – who killed Munir? He was found dead aboard a Garuda Airways flight en route from Jakarta to Amsterdam, where he was to study law. "I'd better study now, before I turn 40," he told this newspaper shortly before departing on that fatal day – Sept. 7, 2004.

Instead, at 39, he died of arsenic poisoning, found to have been administered by a friendly off-duty pilot who offered him orange juice. The pilot, Pollycarpus Budihari Priyanto was found guilty, but was later acquitted by the Supreme Court. He is now in jail for using a forged letter of recommendation from the State Intelligence Agency (BIN) that enabled him to join Munir's flight as part of the airline's security staff.

Finally, investigations resumed and Muchdi was brought to trial, implicated through his alleged frequent contacts with the pilot and his role in formulating the letter of recommendation for the CEO of the national carrier.

But on Wednesday the judges of the South Jakarta district court said none of the evidence presented in court was strong enough; the former pilot responded by saying that he would immediately enjoy his freedom again. "All the reasons cited for jailing me are the same reasons for charging Muchdi," Pollycarpus was quoted as saying shortly after the end of Muchdi's trial.

Wednesday's verdict must be respected, as Munir's close associate Usman Hamid said, "but it is difficult to accept." Following the verdict, his widow Suciwati said that, "I have lost Munir and now I have lost justice."

We support Munir's family and friends in further pursuing justice, by attempting to hold to account whoever is responsible for Munir's assassination. When the Supreme Court has its, the final, say, it is anyone's guess how it will decide, given that the lower court basically treated all presented proof as circumstantial evidence.

It will be up to legal experts to debate whether indeed the state prosecutors did their job, or whether more willpower and insight on their part would have probed beyond what they alleged was merely Muchdi's personal motivation of revenge against Munir.

Munir's case, as suggested earlier by President Susilo Bambang Yudhoyono, was, and is, a test case "on how much Indonesia has changed."

Munir and his colleagues intensively pursued cases of "state violence" – violence involving the state apparatus and/or state institutions – including the kidnapping of activists towards the end of Soeharto's rule, for which members of the special elite forces of the army, then led by Muchdi, were found guilty. Therefore prosecutors looking into Munir's murder looked for motives within the circle of security forces and their sympathizers.

But the pilot and the former intelligence deputy said in their defense that the charges were ridiculous. Moreover, a crucial witness, Muchdi's superior, then intelligence chief Hendropriyono, did not appear in court.

At the dawn of 2009, we therefore have no answer yet on "how much Indonesia has changed" for victims of violence, particularly at the hands of the state, nor concerning a citizen's safety and freedom from fear. In court, Muchdi's supporters wore T-shirts warning us of "foreign intervention". But we fear more for the safety of civilians here, with or without foreign interference.

As the case has not been put to rest, the ordinary civilian would still have to ask themself: Is it safe for a civilian critical of the powers that be to board state-run public transport? How secure are people working on sensitive cases involving security forces?