Jakarta – Dozens of unidentified men mobbed the Matraman Police station on Jl. Matraman Raya, Central Jakarta in the early hours of Saturday morning, hurling stones and flower pots at the office.

Eyewitnesses said that the attackers arrived at 1 a.m. on motorcycles and took on-duty police officers off guard.

The attack lasted only five minutes, shattering windows and wrecking computers and printers in one office, whilst damaging two parked cars and several motorcycles.

No injuries or fatalities were reported in the attack as the 15 on-duty policemen managed to avoid a frontal clash with the assailants by withdrawing to the upstairs part of the building.

"We've set up a team to investigate the incident and to track down the perpetrators," East Jakarta Police chief Sr. Comr. Hasanuddin told The Jakarta Post on Saturday. Eyewitnesses said that the attackers consisted of around 30 men who bore a resemblance to members of the military in terms of their haircuts and posture.

However, Hasanuddin said that the allegation to link the attackers with the military was premature. "They (the attackers) were only said to be sporting short-cropped hair and well- postured. They weren't wearing any (military) uniforms," he said.

However, Hasanuddin did not rule out the possibility that the attackers were from the military. "Maybe, (they were from the military), especially given that one day before the incident, two military officers were arrested," he said,

He said police had arrested two men allegedly involved in a street race on Jl. Pramuka Raya in front of the Hotel Central in Central Jakarta and had seized a motorcycle.

Police eventually released the two since they managed to show that they were military officers. However, the police confiscated the motorcycle since it lacked valid documentation.

Matraman Police chief Comr. Kasworo said that after the release, four men, claiming to be members of the Army's Strategic Reserve Command and friends of the previously arrested soldiers came to the police post to claim the motorcycle.

The duty police officer refused their demand since they failed to show the required documents, Kasworo said to tempointeraktif.com.

Kasworo said police might link the incident to the previous arrest since the attackers had shouted that they were looking for the police who had arrested their friends during the Saturday incident.

Kasworo said that the investigation of the incident was now being handled by a team from the East Jakarta police precinct. (dis)

Three jailed over role in Medan violent rally

Jakarta Post - September 2, 2009

Apriadi Gunawan, Medan – The Medan District Court sentenced Tuesday a student, a becak (pedicab) driver and a lecturer to prison for their involvement in violent protest that led to the death of North Sumatra legislative council speaker Abdul Aziz Angkat in Feburary.

The three defendants were found guilty of being involved in the riot which erupted from a protest held to demand the establishment of a province in Tapanuli, North Sumatra.

The Medan District Court sentenced M.H. Pardede, a University of Sisingamangaraja XII student to two-and-a-half years in prison.

This was a lighter sentence than the four years handed down to pedicab driver Martunggul Panjaitan, and lecturer Kardi Siregar, even though all were found guilty of breaking up a plenary session of the North Sumatra legislative council.

Presiding judge Ardy Djohan said Pardede's sentence was in accordance with his actions. He added that Pardede was proven guilty of violating the Criminal Code for breaking up a plenary session at the council, which was led at the time by Abdul Aziz.

Ardy said the defendant was inside the plenary meeting room at the legislative council and chanted "Hail to Tapanuli province", but had joined the rally on a whim.

"The defendant had initially wished to find his lecturer at the campus. His friends told him the lecturer was at the rally, so they asked him to join them in the rally at the legislative building," Ardy told The Jakarta Post after the trial.

Ardy said that among the reasons mitigating the sentence were that the defendant was polite and showed remorse during the trial and that he was still young and the sole child of his family and thus the only source of support for his parents.

"His parents were not present during the trial because they could not afford to come," said Ardy, adding that Pardede's parents live in Tarutung, North Tapanuli.

In response to the verdict, prosecutor Cut Indri immediately filed an appeal, saying the sentence was too lenient. "The verdict was too light, not even half that of our demand," Indri said. Prosecutors had demanded a seven-year sentence for Pardede.

In a separate trial of Chandra Panggabean, who as chairman of the Tapanuli province separation committee was a key suspect, two witnesses testified that they had seen Chandra leading thousands of supporters to disrupt the plenary session.

Witness Hanafiah Harahap, a councilor from the Golkar party, said moments after the crowd stormed into the legislative building, Chandra remained harassing Abdul, demanding he immediately sign a recommendation letter on the establishment of a province in Tapanuli prvince.

Hanafiah repeatedly said Chandra had intimidated Abdul Aziz, saying "Speaker, sign the letter quickly, the crowd has grown bigger".

Another witness, Elmadon Siregar, said Abdul Aziz was eventually saved from the raging crowd. However, he continued to be dogged by a number of people. According to autopsy results, he died of a heart attack soon after.

Nearly 70 people have been implicated in the incident, eight as key suspects. Fourteen have been sentenced to jail terms less that prosecutors called for; the others await trial at the Medan District Court.

Actions, demos, protests...

Protesters demand justice in Munir case

Jakarta Globe - September 7, 2009

Heru Andriyanto – Hundreds of protesters picketed the Attorney General's Office on Monday to push for a review of the Munir Said Thalib case, which saw former top intelligence official Muchdi Purwoprandjono acquitted of the charge that he ordered the murder of the renowned rights activist.

"Today is the fifth anniversary of Munir's death but the mystery behind his murder has never been uncovered," said Choirul Anam, coordinator of the Committee of Action and Solidarity for Munir (Kasum). "The AGO must do its utmost to bring the mastermind of the murder to justice."

Prosecutors had accused Muchdi of ordering the murder to avenge his ouster from the top post of the Army's Special Force (Kopassus) in 1998, arguing that Muchdi was fired following fierce criticisms by Munir over the alleged kidnapping of students and activists by the elite unit.

But a district court ruled in Dec. 31, 2008 that such a motive could not be proven and the Supreme Court upheld the acquittal in June. The remaining legal option for the AGO is to ask for a case review.

"If the murder case is left unresolved, it will set a bad precedent for the protection of human rights," Choirul said.

AGO spokesman Jasman Panjaitan said prosecutors were determined to request a case review but they needed to first study the latest Supreme Court verdict in order find a loophole in the ruling that would allow for a challenge.

"But we'll never give up, even though some people dispute the legality of prosecutors' right to ask for a case review," Jasman said.

Activists demand government solve Munir case

Jakarta Post - September 7, 2009

Wahyoe B./Andi Hajramurni, Malang/Makassar – Activists in Malang and Makassar staged a rally Monday to demand the government solve the now five-year old murder of human rights activist Munir Said Thalib.

In Malang, a group calling themselves the Friends of Munir from Greater Malang protested in the city square. During the rally, they called on the Attorney General's Office (AGO) and the National Police to reactivate a special team that once handled the case.

Meanwhile, at Losari beach, Makassar, activists from several organizations held a solidarity protest to commemorate the fifth anniversary of the death of the prominent rights figure.

They collected signatures for a petition and demanded the government arrest whoever is responsible for the murder.

Students protest against Century case

Jakarta Post - September 7, 2009

Aditya Suharmoko, Jakarta – Students held a rally Monday at the Finance Ministry's office, urging President Susilo Bambang Yudhoyono to resolve the case of Bank Century and demanding that Finance Minister Sri Mulyani Indrawati resign.

The students, part of Anti-Corruption Students Union (Jam-Aksi), said Yudhoyono should be "firm, transparent and consistent in solving the Century scandal and in building a clean government".

They said the Corruption Eradication Commission (KPK) and the National Police should solve the case and convict everyone who was involved in it.

Mulyani was urged to resign as she is responsible for the government's decision to disburse a bailout reaching Rp 6.76 trillion (US$676 million).

Lawmakers suspected the decision to bail out Century was influenced by large depositors/investors who put funds in the bank. Lawmaker Dradjad H. Wibowo said Century might be sold for only Rp 2 trillion at the maximum in 2011, meaning the Rp 6.76 trillion bailout would not be fully returned.

Mulyani said the government decided to save Century as its collapse would cause a systemic threat to the banking sector amid the global financial turmoil in November last year.

Yogya rally demands Sultan gain governorship without election

Jakarta Globe - September 6, 2009

Candra Malik, Yogyakarta – Thousands of residents marched down the main Jalan Malioboro thoroughfare on Saturday to demand that the House of Representatives ensure the governor and deputy governor positions go to the heads of the province's royal families.

The Universal Movement of Yogyakartans (Gentaraja) staged the rally to call on the House to pass legislation this month that would automatically appoint Sultan Hamengkubuwono X as governor and Adipati Paku Alam as his deputy, without having to be elected.

"Don't delay anymore," said Sunyoto, the chair of Gentaraja. "We firmly object to the direct election of the governor and deputy governor. We want Sultan Hamengkubuwono and Adipati Paku Alam to be automatically appointed governor and deputy governor."

The rally coincided with the commemoration of the declaration on Sept. 5, 1945, by Sultan Hamengkubuwono IX and Paku Alam VIII which integrated the kingdom of Yogyakarta and its vassal state, Paku Alaman, into the newly formed Republic of Indonesia.

Sunyoto said the demands were outlined in a statement titled "Yogyakarta Protests," which had already been submitted to lawmakers to encourage passage of the bill before they ended their term in office.

Golkar Party lawmaker Ferry Mursidan Baldan, a member of House Commission II for home affairs, said the government should not forget the past service of the sultan and his subjects during the war for independence. Yogyakarta served as the young republic's capital when the Dutch reoccupied Jakarta during the late 1940s.

Permanently affixing the office of governor and deputy governor to the Hamengkubuwono and Paku Alam royal lines, Ferry said, was part of that respect.

"We should have the wisdom to see the Sept. 5, 1945, declaration was not as a mere political statement. It was a declaration of sincerity and generosity on the part of Yogyakartans to unite with the Republic of Indonesia," he said, adding that the House would do well not to turn down the demand.

While Hamengkubuwono IX was declared governor for life, that privilege was revised for his heir after he died by the central government, which at that time insisted on elections.

Professor Sofyan Effendi, former president of Gadjah Mada University in Yogyakarta, said that there were two major factions deliberating the bill. One is in favor of the automatic appointment of the heads of the royal families to the head of the provincial government, while the other supports a Pararadya Council, which gives the monarchs the right to approve candidates running in gubernatorial elections.

The bill defines the Pararadya Council as a special body with a higher authority than the governor. The council has the right to dictate general policy guidelines to the provincial government in matters pertaining to culture, land tenure and spatial planning. The sultan and adipati will head the council, which is at the same level as cabinet ministers and has its own prerogatives and privileges. The offices of governor and deputy governor would then be appointed by direct elections.

"The bill has offended the people of Yogyakarta," Sofyan said. "Therefore we object to it and support the establishment of the regency."

Some of the protesters wore surjan, the traditional Javanese batik clothing for men, complete with blangkon, a traditional cap from the region. Banners were also raised with provocative messages such as: "Pass the bill or give us a referendum" and "My sultan, my governor." Giant portraits of the late Hamengkubuwono IX and Paku Alam VIII were also carried throughout the rally.

Traffic on Jalan Malioboro was brought to a complete halt as protesters picketed local government buildings.

"Today, most segments of Yogyakarta society have come to support their beloved Sultan Hamengkubuwono," said Sukiman, a member of Gentaraja. "For us, the sultan is indispensable, be it Sultan Hamengkubuwono IX, X or their successors."

Hamengkubuwono X, who was elected provincial governor by the provincial legislative council in 1998, was not present at the protest, but had been quoted as saying that he did not need to meet with the government to settle the long drawn-out deliberation process of the bill.

Also participating in the peaceful rally were members of the House working committee on the bill for the special status of Yogyakarta, including Chairwoman Ida Fauziah, Ferry Mursidan Baldan, Jamaluddin Karim, Tumbu Saraswati, Edi Mihati, Zul Hadi Chaniago, Romzi Nihan and Zaifuddin Juhri.

Hundreds demand judicial review of former top spy's release

Detik.com - September 7, 2009

Novia Chandra Dewi, Jakarta - Coinciding with five years since the death of Munir, some 300 people demonstrated at the Attorney General's Office (AGO) demanding that investigation into the murder of the human rights activists be completed.

"We have also come here in the context of commemorating five years since Munir's death and to demand that the AGO immediately pursue the perpetrators of Munir's murder," said Solidarity Committee for Munir (Kasum) activist Choirul Anam speaking in front of the AGO building on Jl. Sultan Hasanudin in Jakarta on Monday September 7.

The protesters – the majority of whom came from North Jakarta – are victims of forced evictions and human rights violations. "If Munir's murder can just be ignored like that, what about the situation for human rights defenders in Indonesia in the future?", asked Choirul.

Kasum is calling on the AGO to immediately submit a judicial review over the rejection of an appeal to the Supreme Court on the decision to release Muchdi Purwoprandjono. Choirul added that the entire Indonesian nation has placed its hope on the resolution of this case.

"We see this case as being like a battering ram. Breaking open the gates of justice and breaking the chain of violence that continues to repeat itself in Indonesia," said Choirul. (amd/iy)

[Translated by James Balowski.]

Balloons released to mark five years since Munir's murder

Detik.com - September 7, 2009

Ari Saputra, Jakarta – Thousands of balloons were released into the air on Monday September 7. The coloured balloons with pictures of Munir symbolised five years since the death of the human rights activists.

"Munir was murdered in the air [on a Garuda Airways flight on route to Amsterdam - JB.]. Just like this," shouted Choirul Anam, one of the coordinators of an action by the Commission for Missing Persons and Victims of Violence (Kontras) as he pointed at the balloons above the Hotel Indonesia traffic circle in Central Jakarta today.

The brief 30-minute action was a continuation of an earlier demonstration at the Attorney General's Office (AGO). Hundreds of people alighted from their vehicles and took hold of the balloons. Then, in unison, the balloons were released attracting the attention of drivers passing by the traffic circle.

As a result, the flow of vehicles from Jl. Sudirman in the direction of Jl. Thamrin came to a standstill, particularly since the action was held at the same time as people were returning home from work, which causes the traffic to move at a snails pace.

After releasing the balloons, the protesters began moving off to the nearby Proclamation Monument. There they will end the action by urging the AGO to conduct a judicial review of the release of Muchdi Purwoprandjono. (Ari/sho)

[Translated by James Balowski.]

Activists say SBY's pro-capitalist policies failing the people

KRjogja.com - September 4, 2009

Yogyakarta – Scores of protesters from the National Student League for Democracy-Politics of the Poor (LMND-PRM) held a protest action at the Gajah Mada University traffic circle on Friday September 4.

The action was held because the protesters believe that President Susilo Bambang Yudhoyono (SBY) and Vice President elect Boediono are continuing to bring suffering to and failing to think about the lives of the ordinary people.

LMND-PRM Yogyakarta chairperson Ika Pratiwi said that the concepts of neoliberalism, capitalism, neocolonialism are clearly and concretely being pursued by Yudhoyono and Boediono.

"How is it that now the cost of education from kindergarten up to tertiary education keeps getting more expensive and out of reach. How is it also that up until now the products produced by the SBY administration are in fact so transparently bringing suffering to the ordinary people," she told the protesters.

Indonesia's foreign debt over the last five years of the Yudhoyono administration, continued Pratiwi, has also risen by hundreds of trillions of rupiah, so this is considered something quite unnatural.

The national debt has now reached 1,600 trillion rupiah, far bigger than during the previous New Order period of former President Suharto. "Because of this therefore, the SBY-Boediono regime will only continue the people's suffering", added Pratiwi.

During the free-speech forum, the scores of demonstrators drew lines on their faces with red paint as a symbol of resistance against oppression.

In addition to giving speeches, they also handed out leaflets to pedestrians and road users and erected banners with the writing "The SBY-Boediono administration are capitalist-neoliberal agents". (Dhi)

[Translated by James Balowski.]

Hundreds of teachers protest unclear policy

Jakarta Post - September 4, 2009

Agus Maryono, Purbalingga, Central Java – Hundreds of teachers from various schools across the Central Java town of Purbalingga rallied outside the regent's office Friday to protest overlapping policies which they said had played havoc with their careers.

The protesters, who teach religion in primary and secondary schools as well as Islamic schools, complained that their supervision by the national education agency had slowed their certification process.

"Our certification and promotion process is unclear as the education agency prioritizes teachers of other subjects. We are victims of discrimination," Suryono of SMA 2 state senior high school said. In the past, recruitment and supervision of teachers of religion classes was conducted by the religious affairs agency.

The protesters demanded the regent revive the old policy and place them under the auspices of the religious affairs agency.

Regent Triyono Budi Sasongko promised to help the teachers and would seek clarification from both the Ministry of National Education and the Ministry of Religious Affairs concerning the teachers' status.

"I will ask the regional secretary, the head of the national education agency and the head of the religious affairs agency to formulate a new regulation that will put an end to the overlapping policies," Triyono said.

Aceh

Food stalls, cafes 'for non-Muslims' remain open in Aceh

Jakarta Post - September 2, 2009

Hotli Simanjuntak, Banda Aceh – An announcement which reads "Only non-Muslims allowed" is attached to the door of a food stall in Peunayong, Banda Aceh, the only province in the country which has implemented sharia law.

Stall owners, dominated by members of the Indonesian-Chinese community, close their doors most of the way so as not to draw attention. "This stall serves non-Muslim residents who are not fasting. Anyone can come in as long as there are not Muslim," said Acun, who owns the stall.

He said dozens of stalls and cafes serve food and drinks to residents of Banda Aceh who are not fasting for Ramadan. The food stalls are usually open only from morning until noon.

The street where the stall is located, Jl. Lorong Sayur, is behind a market in Peunayong, a trading center where the Indonesian-Chinese community dominates.

"The market existed before Aceh implemented sharia law. It is home mostly to Indonesian-Chinese residents, but people from other ethnic groups come and buy goods at the market," Acun said.

Although the market only serves non-Muslims during Ramadan, many residents come to the market to buy groceries. Usually stall owners warn local first-time visitors that stalls in the market are only open for non-Muslims.

"But if they insist on entering and eating here, we cannot say anything. The most important thing is that we have informed them," Acun said.

The Wilayatul Hisbah sharia police often conduct raids in the market. Every day during Ramadan the sharia police patrol areas of Banda Aceh considered to be prone to violations of sharia law.

"We often monitor and observe the conditions here. However, as long as they do not sell food openly to the public, we will tolerate them. They should not open their food stalls widely," Wilayatul Hisbah chief Efendi said.

Stalls selling snacks and side dishes before magrib (when Muslims break their fast) are subjected to the raids.

"Under the regulations, food can only be sold at 4pm, in the lead up to the breaking of the fast. We will take stern action and seize the merchandise of those caught selling before the specified time," Efendi said, adding that those who continue to violate the bylaws will have their licenses revoked.

Efendi said the sharia police has already reprimanded hundreds of food sellers, as well as Muslims caught eating, just 10 days into Ramadan. However, he said that his institution was not authorized to mete out punishment, but was limited to the powers of persuasion.

Around 99 percent of Aceh's population are Muslim. Based on official data from the Banda Aceh Municipality, 3,289 of the 216,340 residents in Banda Aceh are non-Muslims, 2,316 of whom are members of the Indonesian-Chinese community.

West Papua

Strengthening of environmental law could put spotlight on Papua

Radio New Zealand International - September 6, 2009

The operators of major resource extraction projects in the Indonesian province of Papua could face tough criminal penalties if they are found to have caused excess levels of environmental pollution.

The Environmental Protection and Management Bill expected to be endorsed in Indonesia's House of Representatives this week would see polluters face a minimum prison sentence of three years with fines of up to a million US dollars.

The bill also provides for companies with a poor environmental performance rating to be punished directly with criminal charges rather than administrative sanctions.

Indonesian legislator Sonny Keraf, who is a former state minister for the environment, says that until now the Environment Ministry's enforcement of environmental laws has been weak.

"Before this new law, all those things were done by police and police have no knowledge about the environment. That's why so many cases in environmental areas are not prosecuted well. That's why we give new authority to the minister of environment to do all those things."

The bill stipulates that companies can be referred directly for prosecution by civil servant investigators.

Seven suspects set to face trial over recent shootings in Papua

Radio New Zealand International - September 4, 2009

Seven suspects from Timika in Indonesia's Papua are set to face trial over recent shootings near the Grasberg mine run by mining giant Freeport.

Police have handed dossiers of the seven over to the Timika Prosecutor's Office which may press charges over the recent wave of shootings which have targetted Freeport staff convoys and claimed three lives.

The Jakarta Post reports that the police hunt continues for the perpetrators of the killing.

Police have deployed 600 more officers to the Timika area to safeguard daily activities of Freeport staff and to anticipate possible similar attacks.

Police hand over Freeport case to court

Jakarta Post - September 3, 2009

Markus Makur, Jayapura – The Papua Police Office has handed over to the Timika Prosecutor's Office dossiers of seven people accused of being involved in a riot at the US-mining giant PT Freeport Indonesia that claimed the lives of at least two workers.

The Office Spokesman Snr. Comr. Agus Rianto said on Thursday that the seven suspects would later undergo trial processes at Timika District Court to prove their roles in the murder of the firm's security workers and the ambush of the firm's bus.

"Meanwhile, we keep on hunting for the killer of Australian worker Nicholas Grant," Rianto said.

He added that his office had increased the number of its personnel up to 600 to safeguard daily activities of the company and anticipate possible similar attacks.

Call to push Indonesia to let ICRC reopen in West Papua

Radio New Zealand International - September 2, 2009

The Indonesia Human Rights Committee has written to New Zealand's Foreign Minister Murray McCully urging him to ask the Indonesian Government to allow the International Committee of the Red Cross to reopen its office in Papua.

The Red Cross was forced to shut its office and leave Papua earlier this year after its staff members visited prisoners in jail.

The Committee's spokesperson Maire Leadbeater says she's deeply concerned the Indonesian authorities now say the Red Cross has no mandate to re-open a branch office in the province.

Ms Leadbeater says in recent months there has been an alarming escalation in human rights violation in Papua, including killings and displacement of communities.

The Committee is also urging Mr McCully to prevail on the Indonesian government to ensure medical treatment is given to one of Papua's most high-profile political prisoners, Filep Karma, who was jailed for 15 years in 2004 for his involvement in a flag- raising event.

She says there are reports Mr Karma has been very ill but medical treatment to him has been delayed.

Human rights/law

Analysts seek a watchdog with bite for Indonesia secrecy law

Jakarta Globe - September 6, 2009

Camelia Pasandaran – With Indonesia's controversial state secrecy bill likely to be passed into law this month, analysts are urging legislators to ensure that an independent watchdog is created to supervise its implementation.

"If the law is installed under a good government, there will be no problem," said Jaleswari Pramodhawardani, a political researcher at the Indonesian Institute of Sciences (LIPI). "But if it is applied under a bad government, it could return us to an era of authoritarianism."

Andreas Pareira, a member of the House committee deliberating the bill, said the committee had decided to remove an article in the draft that stipulated the creation of a supervisory board for the bill's implementation.

"We decided to delete that part as we think it has no significance," Andreas said. "It will only add to the usual problem of Indonesian bureaucracy. Why do we need another watchdog when we have the press and lawmakers to watch over the implementation of this bill?"

He said the creation of a state secrecy council outlined in the current draft would be capable of implementing the bill.

The draft states that the council would consist of government ministers, the attorney general, the National Police chief, the head of State Intelligence Agency (BIN) and others representatives. "They will be the supervisors of the bill's enactment," Andreas said.

But Ahmad Faisol, a member of the Institute for Studies on the Free Flow of Information (ISAI), said the council was not enough.

"The enactment of the bill will be managed by the government," he said. "How can the government watch over themselves? They could create a very loose definition of what could be categorized as a state secret.

"I would prefer that professional and trustworthy people be chosen if the House agrees to have a bill watchdog, such as people from the academic community and civic groups," Ahmad added. "We need to ensure that the enactment of the bill will not restrict the public's access to informat ion."

Journalists and academic researchers are among those concerned that the bill could affect their work.

"After the implementation of the bill, journalists' work will be in danger," Ahmad said. "If the media reveals information that the council claims is a state secret, they may face heavy sanctions, such as spending time in prison."

Jaleswari also said that her work as a researcher would be under threat. "Researchers won't be free to seek data and present it in our work," she said.

With the heavy sanctions proposed by the bill's draft, Ahmad and Jaleswari insisted that a watchdog was necessary to ensure that the law would not be manipulated to restrict the flow of information.

"Law enforcers could wrongly detain someone who might not be harming state security," Jaleswari said.

Ahmad demanded the House reconsider the heavy sanctions proposed in the bill.

Andreas said the bill was expected to be passed within the month. "We're planning to pass the bill this month, on September 15," he said on Sunday. "However, it will only be passed once it is perfected."

Munir's murder still unsolved, legal options running out

Jakarta Globe - September 6, 2009

Farouk Arnaz & Heru Andriyanto – Monday marks five years since renowned rights activist Munir Said Thalib was murdered in what law enforcement agencies believe was part of a conspiracy to silence his criticism of the military.

However, during that time, the country's justice system has only convicted three employees of state carrier PT Garuda Indonesia in relation to the murder.

"It doesn't make any sense that the murder of Munir involved only Garuda employees – they alone have no motive," Suciwati, the widow of the activist, told the Jakarta Globe on Sunday.

Police and prosecutors have linked the Sept. 7, 2004, murder to Gen. (ret.) Muchdi Purwoprandjono, former deputy chairman of the National Intelligence Agency (BIN), whose acquittal by a district court on New Year's eve was upheld in June by the Supreme Court.

Prosecutors alleged that Muchdi used his influence at the agency to orchestrate the murder in an attempt to avenge his ouster from the top post of the Army's Special Force (Kopassus) in 1998, believing that Munir's criticisms over the kidnappings of students and activists by the elite unit cost him his career.

However, the South Jakarta District Court ruled that Muchdi was not guilty as prosecutors had failed to prove the motive. The verdict that was later upheld by the Supreme Court who rejected the prosecutors' appeal.

"Muchdi's acquittal reflects a corrupt justice system and it is the job of the president to repair it," Suciwati said. "I will keep struggling for justice in Munir's name and for humanity, but not for revenge. President Susilo Bambang Yudhoyono has pledged to have this case investigated and he must deliver."

The Committee of Action and Solidarity for Munir (Kasum) has called on the president to instruct police and prosecutors to collect new evidence so that Muchdi could be retried for the murder.

Kasum coordinator Choirul Anam said that Yudhoyono had gained enough political momentum, as his Democratic Party is set to hold the majority of seats at the House of Representatives, to settle the case during his second term.

"The handling of the murder case will serve as one of the indicators to prove whether the Yudhoyono government has been successful in its protection of human rights," said Choirul, who was a friend of Munir's at Brawijaya University in Malang, East Java.

He said Yudhoyono had previously been restricted by political interests that prevented him from making a thorough assessment of the case.

"This is because Munir's killers, including Muchdi, are not just ordinary people. They still have power, despite no longer occupying their posts," Choirul said.

Munir, who founded the Commission for Missing Persons and Victims of Violence (Kontras) and Imparsial, died of arsenic poisoning on a Garuda flight en route to Amsterdam. He was 38.

"Munir was one of the leading rights activists in the world and he helped pave the way for the adoption of the enforced disappearance convention," said Mary Aileen Diez Bacalso, secretary general of the Philippine-based Asian Federation Against Involuntary Disappearances.

"I still keep his last message before his death in my cell phone, detailing his address in the Netherlands. His spirit stays with us," Bacalso said recently in Jakarta.

The Attorney General's Office has indicated it would request a case review, the remaining legal option for prosecutors to pursue Muchdi's conviction, but doing so would require them to present new evidence.

Legal experts are also still debating the right of prosecutors to request a case review, as according to the Criminal Procedures Law, the right belongs to the defendant or their family.

However, Attorney General Hendarman Supandji said that the law did not prevent prosecutors from requesting a review. "There is no single law in the country stating that prosecutors can not ask for a case review," Hendarman said.

Pollycarpus Priyanto, a former Garuda pilot who was on the same flight as Munir but disembarked in Singapore, was convicted of administering a fatal dose of arsenic to Munir's drink and was sentenced to 20 years in prison on a charge of murder.

Former Garuda president Indra Setiawan and former flight attendant Rohainil Aini were each sentenced to one year in jail as accessories to the crime.

Government called on to ratify convention for disappeared

Jakarta Globe - September 3, 2009

Heru Andriyanto – In the face of numerous unresolved human rights violations, the government has no justification to delay ratifying an international convention on protection from enforced disappearance, rights activists said on Thursday.

Mary Aileen Diez Bacalso, secretary general of the Philippine- based Asian Federation Against Involuntary Disappearances (AFAD), said Indonesia had promised three years ago to sign the convention.

"We'd like to say the Indonesian government has every reasons to ratify it," she said.

"Victims [of past violations] are still deprived of their rights to liberty and justice. The families of the victims of enforced disappearances still cry for justice – their loved ones are still nowhere to be found. And Indonesia is the current member of the UN Commission on Human Rights."

Bacalso was speaking in Jakarta at a discussion held to honor respected Indonesian rights campaigner, Munir Said Thalib, who was assassinated nearly five years ago.

Bacalso said Munir was a strong proponent of the convention, which later adopted the rights of victims' families to form associations, as was proposed by Munir, as a tribute to him after his death.

"Enforced disappearance is not just an issue in the past, it is a continuing phenomenon that happens on a daily basis," she said. "We want Indonesia to ratify it as soon as possible."

The convention will oblige governments to criminalise enforced disappearances and uphold the rights of families to know what happened to victims. This will apply to cases both past and present, Bacalso said.

The discussion was also attended by people who lost loved ones during the military's purge of suspected communists during the early years of Suharto's New Order regime in the 1960s and parents of students who went missing or were killed in clashes with security officers in Jakarta during the tumult of 1998 and 1999.

"The struggle for the convention started in Latin America but enforced disappearances are a global phenomenon; they are continuing crimes," said Ruth Lianos, a professor at Bolivia's Mayor de San Andres University whose husband was killed in 1981 by the country's then military regime.

She said six countries in Latin America had ratified the convention and two more would follow. "At this point, we have great concerns because the convention is not just for Latin America. We need to push Indonesia to become the second Asian country to ratify it," Lianos said.

Japan is the only Asian country to have ratified the convention, which was adopted by the UN General Assembly in 2006. Despite receiving promises from 57 countries, only 13 countries have signed. It needs 20 signatories to come into force.

Kontras wants ad-hoc court to bring justice to rights violators

Jakarta Post - September 2, 2009

Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) is calling for the President to establish an ad-hoc human rights court to hear human rights abuse cases from the New Order era.

"Those cases include the May '98 tragedy, the abduction and disappearance of activists, the shooting of Trisakti University students and the Semanggi tragedy," Kontras coordinator Usman Hamid told The Jakarta Post after a meeting with the special committee on missing persons at the House of Representatives in Jakarta on Tuesday.

"The President must also urge all of his related subordinates to investigate and resolve the issues regarding the fate of activists who are still missing," he added.

Usman said that should the President establish the ad-hoc court on human rights, then two prominent figures would be greatly implicated.

"Those names – Wiranto and Prabowo Subianto – have been held accountable for crimes against humanity, according to a report by the National Commission for Human Rights (Komnas HAM). The court will surely implicate them," he said.

Wiranto and Prabowo were prominent military generals during president Soeharto's New Order regime. Wiranto was the supreme commander of the military during the May '98 tragedy, in which thousands of men and women died on the streets of Jakarta.

Survivors of the riots say that military personnel were involved in the riots, which brought an end to the New Order government. Many have also said that Prabowo was the leading actor behind the abduction of activists at the dawn of the New Order era in the late 1990s.

Regardless of reports from human rights groups about the involvement of the two generals, both men have never faced trial. Prabowo was only dismissed from his position as an army officer when his subordinates, known as the rose team, went on trial for the alleged abduction of activists.

Wiranto and Prabowo also participated in the recent July 8 presidential election as running mates for the Golkar Party's Jusuf Kalla and Megawati Soekarnoputri from the Indonesian Democratic Party of Struggle (PDI-P) respectively.

However, they were defeated by Yudhoyono and his running mate Boediono, who garnered 60 percent of votes.

Usman said the government must also commit itself to ratifying the United Nations' convention on anti-abduction. "The ratification will allow any victim to directly report to the United Nations and ask for protection," he said.

Rusdiyanto, the director for human rights empowerment at the Justice and Human Rights Ministry told detik.com the ministry would prioritize the ratification of the convention in its future agenda.

"We actually have coordinated with all related institutions in regards to ratifying the convention. However, we have a lot of programs on our hands now. So, the ratification will possibly take place in the next government's term," he said. (hdt)

SBY must be bolder on human rights in next period - Kontras

Detik.com - September 1, 2009

Rachmadin Ismail, Jakarta – There has been no significant change in the handling of cases of missing person or human rights violations since President Susilo Bambang Yudhoyono has been in office. Over the next period therefore, Yudhoyono is being urged to show more courage.

"Our hope is that the president will be more resolute, bolder and be faster in dealing with human rights cases", said Commission for Missing Persons and Victims of Violence (Kontras) coordinator Usman Hamid speaking at the Department of Justice and Human Rights building on Jl. HR Rasuna Said in the Kuningan area of South Jakarta on Tuesday September 1.

According to Kontras' records, there have been at least 1,225 people who have disappeared since 1968 in connection with political incidents. In the most recent case of the May 1998 riots meanwhile, there are still 13 people whose whereabouts remain unknown.

The problems described above are still occurring, said Usman, because Yudhoyono has not received adequate support from the House of Representatives to deal with human rights case, particularly in the trials of suspects.

"As an example in the case of Munir, it has only been the main suspect and his assistant [that have been convicted], while the principle actor has yet to be tried", he explained.

With a sufficient degree of support from the political parties in the coming period, said Usman, Yudhoyono should be able to be bolder. The initial step that could be taken is to propose the formation of an ad hoc human rights court.

"We want there to be an ad hoc human rights courts, so that the government has a court that is sufficiently just in acting against human rights violators," he asserted. (mad/ndr)

[Translated by James Balowski.]

Kontras demands government ratify convention on missing persons

Detik.com - September 1, 2009

Rachmadin Ismail, Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) visited the Directorate General of Human Rights at the Department of Justice and Human Rights on Tuesday September 1.

Together with family members of missing people, they demanded the fulfillment of a promise to deal with missing persons cases by ratifying the international convention on missing persons.

"Kontras along with the families of victims hope that the Department of Justice and Human Rights will soon ratify the international convention for the protection of all persons from enforced disappearances," said Kontras coordinator Usman Hamid at the department's offices on Jl. HR Rasuna Said in the Kuningan area of South Jakarta today.

Usman demanded the fulfillment of a promise made during the era of Justice and Human Rights Minister Hamid Awaludin who declared his commitment to sign the Convention Against Forced Disappearances in 2007. To this day however, the convention has not yet been signed.

According to Usman, the ratification of this convention is important primarily in dealing with cases of missing persons in Indonesia, which was rampant prior to the reformasi era. "If the convention was ratified victims could report to the United Nations and request protection through international conventions in order that Indonesia can be reprimanded," he explained.

Aside from Usman, Tuti Koto, the mother of a victim of the 1998 abductions of student activists also hopes that the government will ratify the convention that has so far only been signed by 13 countries. This is because she has given up seeking legal assistance from institutions within Indonesia.

"My child has been missing for 12 years now. Although I'm a person who doesn't understand the law and doesn't understand politics I ask that the government not treat me like a fool. Sign it now", she said.

In response the Director for Reinforcing Human Rights at the Department of Justice and Human Rights, Rusdiyanto pledged to prioritise a program to sign and ratify the convention. He asserted that it has already been designated as a human rights national action plan and would be implemented soon by the incoming government.

"We have been coordinating with various parties, however because of the large number of programs, it's likely that it will not be implemented until the next government [takes office]," asserted Rusdiyanto. (anw/iy)

[Translated by James Balowski.]

Labour/migrant workers

Indonesia, Malaysia migrant agreement includes leave, wages

Jakarta Globe - September 6, 2009

Ismira Lutfia & Anita Rachman – Indonesia and Malaysia are looking for ways to lower fees involved in the recruitment and transportation of Indonesian migrant workers to Malaysia, an official involved in bilateral talks said on Sunday.

The meeting, held over the weekend, aimed to revise a 2006 memorandum of understanding to improve the working conditions and protections for Indonesians working in Malaysia.

"We are still waiting for input from labor recruitment agencies," said Arief Havas Oegroseno, a Ministry of Foreign Affairs official in charge of international treaties and legal affairs.

In the absence of a fee regulation, labor recruitment agencies, known as PJTKI, often charge high fees to people wanting to work overseas, leading many applicants to borrow money from loan sharks.

Under the revised MoU, the two countries would agree to allow Indonesian workers at least one day off per week, a minimum monthly salary of 600 Malaysian ringgit ($170), and the right to hold on to their passports.

According to Arief, a joint task force to implement the revised MoU was also discussed.

The temporary ban imposed on June 26 by Indonesia on more migrant workers traveling to Malaysia would remain in force until a new MoU is signed, Arief said. He added that the talks would resume after Idul Fitri.

Separately, the head of the Foreign Ministry's unit in charge of protecting Indonesian nationals living overseas, Teguh Wardoyo, said 62 Indonesian migrant workers would be repatriated from the Middle East and were scheduled to arrive in Jakarta on Sunday afternoon on flights from Amman, Jordan.

"The 62 workers are part of a group of 400 troubled workers currently sheltered in our embassy in Amman," Teguh said, adding that the repatriation program would continue until all 400 were returned to Indonesia.

Teguh said the workers had experienced a variety of problems, including unpaid wages, having children out of wedlock and fleeing their employers after being abused.

"Some of them even had police charges of theft filed by their employers because they ran away," Teguh said.

There are currently about 2 million migrant workers in Malaysia, Indonesian's top destination for migrant workers, but only 1.2 million of them hold legal documents.

Workers protest layoffs by 10 companies in East Java

Jakarta Post - September 4, 2009

Surabaya – Hundreds of workers from Surabaya, Sidoarjo, Pasuruan, Mojokerto and Kediri staged a rally Thursday against 10 companies in East Java that recently sacked thousands of workers.

The protesters claimed the East Java administration failed to stop the mass layoffs, which saw 1,500 employees lose their jobs.

Jamaluddin, the protest leader, said the workers were laid off without proper compensation. "We cannot receive our Idul Fitri bonuses because the companies fired us before the holiday. This obviously hurts us greatly," one of the protesters said.

Indonesia wants at least RM800 monthly for maids

Straits Times - September 4, 2009

Kuala Lumpur – Indonesia will demand a minimum monthly salary of RM800 for its domestic helpers at a bilateral meeting with Malaysia to be held in Jakarta on September 5 2009, Indonesian media reported today.

According to an article published by Kompas online, the remarks were made by Indonesian ambassador to Malaysia Da'i Bachtiar during a breaking of fast with some 400 Indonesian migrant workers at his office here Thursday.

His servants received RM400-500 per month, but since March 2009, their wages had been raised to RM600 per month under an extended employment period.

Any Malaysian employer wishing to have their domestic helpers' employment extended for another year or two, will be obliged to pay their domestic helpers at least RM600 a month. "Otherwise we will not extend their work contracts," the one-time Indonesian chief of police said.

But in the upcoming meeting in Jakarta, Indonesia will demand a monthly salary of RM800 per month for Indonesian domestic helpers. Indonesia and Malaysia will have a bilateral meeting to revise their 2006 MoU on the recruitment and placement of Indonesian informal workers in Malaysia.

Two weeks ago, the Indonesia-Malaysia working group met in Putrajaya and reached several deals, including the Malaysian employers agreeing that passports are held by their domestic helpers who also will be entitled to a day off each week, regular wage increases, revision of cost structure, and a task force to monitor the implementation of bilateral agreements and the revised MoU.

"As long as no agreements had been reached, and to be followed by the siging of an MoU or new contract on protection of Indonesian domnestic helpers in Malaysia, the decision to stop the dispatch of domestic helpers to Malaysia would not be revoked," Indonesian chief delegate Arief Havas Oegroseno said recently.

Indonesia stopped sending domestic helpers to Malaysia on June 25 2009, prompted by several cases of abuse by Malaysian employers.

Environment/natural disasters

Hopes fade for missing after Indonesia quake

Agence France Presse - September 5, 2009

Jakarta – Rescuers in Indonesia continued to search Saturday as hopes faded for dozens of people missing after a major 7.0- magnitude earthquake, an official said.

The quake, which struck off the south coast of Java on Wednesday, triggered a landslide that buried dozens of people in the village Cikangkareng, 130 kilometres (80 miles) south of Jakarta.

"The quake has killed at least 65 people. The search for dozens of victims continues although their chance of survival is slim," disaster management agency spokesman Priyadi Kardono said.

"Sometimes the heavy machinery is not enough to help as rescue workers have to carefully lift the bodies," he said.

The quake, which damaged more than 31,000 houses across the densely-populated island of Java, was also felt in neighbouring Bali and Sumatra.

Kardono said that about 27,000 people had been evacuated. Many victims have complained at the slow arrival of sufficient tents, food and medical supplies following the disaster.

Indonesia sits on the so-called Pacific Ring of Fire, where several tectonic plates converge.

A 7.7-magnitude quake triggered a tsunami off southern Java in 2006, killing 596 people and displacing about 74,000.

A massive quake off the coast of the island of Sumatra in 2004 triggered a catastrophic tsunami that killed more than 200,000 people around Asia, including 168,000 in Indonesia.

Indonesia quake rescuers battle disease, faltering aid supplies

Jakarta Globe - September 6, 2009

Anita Rachman & Ismira Lutfia – Health officials are battling disease that is now spreading among refugees from last week's massive earthquake in West Java, with many complaining of diarrhea and rashes, while victims staying in higher-elevated regions also face intense cold at night.

The official number of displaced people more than tripled to 88,000 over the weekend as updated information came in from remote areas. At least 30 people remained missing as of Sunday night and were feared dead.

Rustam Pakaya, head of the Ministry of Health's Crisis Center in Jakarta, said on Sunday that a special team was en route with 25 tons of medicines to five West five districts that have been declared disaster areas.

"All kinds of medicines, as well as medical teams for each district," he said. "Yes, some people in the shelters started to get a rash or diarrhea. The conditions in the shelters, we should admit, are far from good. But we have no other choice."

The Indonesian Red Cross announced during the weekend that it was distributing relief including 1,000 hygiene kits for survivors in the districts of Bogor, Bandung, Ciamis, Garut, Cianjur, Sukabumi, Tasikmalaya, and Bandung Barat.

Last Wednesday's 7.3-magnitude earthquake, centered 200 kilometers south in the Indian Ocean, killed at least 73 people. The temblor damaged at least 86,000 buildings in 10 districts of West Java and one district of Central Java.

Search and rescue teams continue digging for victims among the rubble.

Rustam said that an outbreak of diarrhea had been spreading in Bogor and Tasikmalaya before the earthquake even struck, meaning that "it's not only because [survivors] are staying in the shelters."

He said that aid workers had distributed 1,000 blankets to survivors in more mountainous regions such as in Pengalengan in Bandung district, Cigalontang, and Garut who were suffering from cold, but ran out and needs more.

Priyadi Kardono, spokesman for the National Disaster Management Agency, said the shelters also need more food supplies, and urged local governments to come up with additional funds.

Laksmita Noviera, a spokeswoman for the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in Jakarta, said that a joint team comprised of OCHA, nongovernmental organizations and local governments had been dispatched to assess the situation on the ground in the wake of the disaster.

Anger mounts at slow response to Java earthquake

Agence France Presse - September 5, 2009

Adek Berry, Cipanas (Indonesia) – Rescuers in Indonesia are continuing to search for dozens of people buried by a major earthquake that killed at least 63 people, as anger mounts at the slow response from authorities.

Police and soldiers cleared boulders and mounds of earth in the village of Cikangkareng, south of the capital, Jakarta, in a frantic bid to reach those trapped following Wednesday's 7.0- magnitude quake, officials said.

Disaster management agency spokesman Priyadi Kardono said at least 59 people had been killed throughout Java, and 37 were still trapped in Cikangkareng.

"We've been using heavy machinery for the rescue effort," Dr Kardono said, after earlier attempts were hampered by poor access, forcing rescuers to pick through the rubble with bare hands, hoes and improvised tools.

Damage from the quake was spread throughout Indonesia's main island of Java. At least 30,000 homes had been damaged and 5000 people displaced, officials said.

In the village of Cipanas, in West Java province, hundreds of residents whose homes were destroyed set up a makeshift camp in surrounding fields.

Suryati, a 75-year-old villager, said locals had received little help from the Government or aid organisations. The only assistance to have arrived came a day after the quake, she said.

"The help should have come on the day of the disaster. Although we have received rice, we still need more medical supplies. I have lost my house. That's the only thing that I have."

In Cikadeu village, in the nearby district of Tasikmalaya, one of the worst hit by the quake, village chief Memet Tanuwijaya said locals were having trouble finding shelter as they waited for outside assistance.

"The mosque, which could have been our shelter during the night, has been destroyed. And there is only a small tent for all 28 families in the village," Mr Tanuwijaya said. "Hopefully assistance will come soon enough to provide us with tents, food and medical supplies."

Dr Kardono said the vast spread of the damage across Java – a densely populated island of about 125 million people – and limited personnel had slowed the response.

The West Java provincial administration has promised to allocate 90 billion rupiah (about $A10.5 million) of recovery aid, according to the Koran Tempo newspaper, while Indonesian President Susilo Bambang Yudhoyono promised an additional 5 billion rupiah.

Frantic search for earthquake survivors in Indonesia

Sydney Morning Herald - September 4, 2009

Tom Allard, Jakarta – Rescue workers were frantically sifting through rubble with their hands to find victims of Wednesday's earthquake in Indonesia, with many young children missing and feared dead after a landslide buried a games arcade in a village in West Java.

The magnitude 7 quake had killed at least 57 people, and more than 100 were missing, the Indonesian national disaster management centre said. More than 300 people have been injured and thousands left homeless after poorly constructed homes and buildings buckled and collapsed.

More than 10,000 buildings collapsed across Java and a further 13,000 were classified as lightly damaged.

Worst hit was the village of Cirangkareng in Cianjur, West Java, where homes were buried in a landslide.

"There was a gaming shop which was full of children when the earthquake rocked the cliff," said Agus Ibro, the co-ordinator of the village's crisis centre.

At least 13 bodies have been dragged from the debris, including six children. A further 47 were missing, among them 15 children.

The work has been painstakingly slow because damaged and blocked roads prevented earth-moving equipment reaching the area. In the district of Tasikmalaya, on the south coast of Java and closer to the epicentre of the undersea quake, rescue workers and residents reported widespread damage to buildings that had left hundreds homeless and government offices and medical centres destroyed.

Eti, a housewife from the village of Lengkongjaya, said it had taken her an hour to crawl out from the debris of her collapsed house. "I screamed for help but no one heard me," she told the news portal detik.com. "I had problems breathing and I couldn't see anything because I was covered in dust."

In just one subdistrict of Tasikmalaya, more than 1500 homes, 90 schools and 91 prayer rooms or mosques collapsed or were damaged, said Ivan Tagor, an aid worker with World Vision.

"So many of the buildings were not constructed properly," he said. "They did not use steel when making the construction of the concrete walls and pillars."

More than 70 aftershocks have been recorded in the past two days. Some of them sent search and rescue teams scurrying from the landslide site in Cirangkareng.

The quake made office towers sway and shudder in the capital, Jakarta, more than 200 kilometres from the epicentre.

Another struck off the coast of Nabire in Papua yesterday. There has been an unusually high level of seismic activity across the Indonesian archipelago in the past fortnight. Ten earthquakes registered 5 or higher on the Richter scale.

Indonesia is situated where three tectonic plates – the Indo- Australian, Eurasian and Pacific – meet and is renowned for its seismic activity.

A Monash University geoscientist, Jim Cull, said this need not be cause for concern that a bigger quake was imminent.

"It's quite unpredictable but the sequence of events suggests that pressure is being released," Professor Cull said. "When you should be worried is if there is no activity for a long time because that's when there is a build-up of energy that has to go somewhere."

Illegal trade in Sumatran tigers, body parts remains widespread

Jakarta Post - September 4, 2009

Jon Afrizal, Jambi – The illegal trade in Sumatran tigers (Panthera tigris sumatraensis) and their body parts in Jambi province has gone on unabated and has caused the tiger population to dwindle year by year.

"If this is tolerated, tigers will be extinct in Jambi within the next few years," Jambi province Natural Resources Conservation Center (BKSDA) head Didy Wurjanto said.

Didy said the number of tigers in the province stood at around 50 a few years ago and they lived in four national parks and production forests in the province. "The number has dropped to only 20 this year," he said.

He said his office had processed 10 cases of illegal trading in Sumatran tigers this year that led to the prosecution of poachers and traders dealing in tiger parts.

Four tiger pelt traders were caught red-handed conducting transactions in August and November in Jambi city this year.

"The largest number of traders are found in Jambi city. They usually wait there for the tigers to be handed over by professional hunters operating in the national parks and production forests," said Didy. If authorities failed to stop them, the tiger pelts would be brought to Jakarta to be sold to clients for exorbitant prices.

At the local level, the price of a tiger pelt could be Rp 35 million (about US$3,500) but once it has reached Jakarta it could sell for up to Rp 75 million. A stuffed tiger could fetch Rp 100 million.

The fangs and the reproductive organs of a tiger are sold separately. A fang could go for Rp 20 million each, while a tiger penis could fetch the same.

Didy did not deny that the illegal trade in Sumatran tigers involved a tight network. Poachers usually seek information from the local residents living around the forests.

The poachers have obviously lured residents into providing them with information about the location of tigers with cash, willing to offer Rp 500,000 for fresh tiger tracks, indicating a tiger is still in the location. "This certainly tempts residents," he said.

If the poachers are able to catch a tiger, it will be taken to a trader in Jambi city who will sort out the tiger based on orders, such as for fangs, penises, pelts or in stuffed form.

Buyers come from various circles, mainly those who regard tigers as a symbol of strength, charisma and power.

"Such a myth should be dismissed, because it could encourage rampant poaching," said Didy.

He added the Jambi BKSDA was equipped with a Rapid Response Forest Ranger unit (SPORC) which is authorized to arrest and investigate those involved in the illegal trade in endangered animal species.

The SPORC has handed over suspects' case files to prosecutors to serve as a deterrent and prevent them from repeating their crimes.

Last week, police arrested a suspect, Syamsuddin, for the stealing and brutal killing of a Sumatran tiger from its zoo enclosure in Jambi.

Indonesian quake leaves 57 dead, dozens missing

Associated Press - September 3, 2009

Irwin Fedriansyah, Cikangkareng – Rescuers dug through rocks and debris with their bare hands Thursday in search of dozens of villagers believed buried in a landslide triggered by a strong Indonesian earthquake that killed at least 57 people and damaged thousands of buildings.

At least 110 people were hospitalized with injuries from the 7.0 magnitude quake just off the coast of densely populated Java island, Disaster Management Agency spokesman Priyadi Kardono said, adding 10 were in critical condition.

The earthquake Wednesday afternoon caused destruction across West Java province, where more than 18,300 homes and offices were listed as damaged, about 9,000 seriously, Kardono said. At least 5,300 people were forced into temporary shelters.

Some rural areas could not be reached by telephone and there may be more victims and damage, officials said.

Many of the deaths and injuries were caused by falling debris or collapsed structures.

The death toll continued to rise Thursday. More bodies were found in Cianjur district, where a landslide buried a row of homes under tons of rock and mud in the village of Cikangkareng. Villagers were still searching for dozens of others believed missing.

"Everything is gone, my wife, my old father-in-law and my house... now I just hope to find the bodies of my family," farmer Ahmad Suhana, 34, said as he pried at giant stones with a crowbar.

Heavy digging equipment had not reached the remote village, which President Susilo Bambang Yudhoyono was to visit later Thursday. Police, military personnel and villagers used their hands to remove rubble.

Maskana Sumitra, a district administrator, said 11 houses and a mosque were buried by the landslide and estimated more than 50 people were trapped and feared dead. "The chance of survival is so slim... but we have to find them," Sumitra said.

When the quake struck it was felt hundreds of miles (kilometers) away on the neighboring resort island of Bali. In the capital, Jakarta, 125 miles (190 kilometers) north of the underwater epicenter of the temblor, thousands of panicked office workers flooded out of swaying skyscrapers onto the streets, some of them screaming.

A tsunami warning was issued after the quake but was lifted an hour later. Several dozen aftershocks were measured by geological agencies.

Hospitals in towns and cities across West Java quickly filled with scores of injured people, most with broken bones and cuts.

In Cikangkareng, Dede Kurniati said her 9-year-old son was playing at a friend's house when the earthquake struck and is now "buried under the rocks." "I lost my son... now I just want to see his body, I want to bury my lovely son properly," she said, weeping.

Indonesia, a vast archipelago, straddles continental plates and is prone to seismic activity along what is known as the Pacific Ring of Fire. A huge quake off western Indonesia caused a powerful tsunami in December 2004 that killed about 230,000 people in a dozen countries, half of them in Aceh province.

[Associated Press writers Ali Kotarumalos and Niniek Karmini in Jakarta contributed to this report.]

Sidoarjo mud critical as Lapindo fails to pump sludge away

Jakarta Globe - September 1, 2009

Amir Tejo, Surabaya – Irresponsibility on the part of PT Lapindo Brantas may again cause more misery for the people of Sidoarjo.

The mudflow in the district is not being properly pumped out into the Porong River, according to the spokesperson of the Sidoarjo Mudflow Management Agency (BPLS), and as a result the volume of mud within the dam enclosure is reaching a critical point.

Achmad Zulkarnain said that over the past five days, spurts of mud up to three meters high have been observed in the middle of the mud lake that was formed when mud began spewing from a crack near a gas drilling well operated by the firm in 2006.

"The spurts of mud may be caused by the increasing pressure from the surface, thus squeezing the subsurface and generating the 'kicks,'?" Zulkarnain said, adding that this may be because the pumps that were supposed to be dumping the mud into the Porong River were not fully operational.

PT Minarak Lapindo Jaya, a Lapindo subsidiary tasked through a presidential decree to manage the mud, used to operate 12 pumps in the area.

But Zulkarnain said only two were currently operational. He said the company cited financial difficulties, but added that Minarak had ignored their repeated warnings "especially after the East Java Police officially terminated the investigation" of Lapindo executives early in August. The police cited problems in providing evidence as the reason for dropping the case.

"How can I say it's not critical? Only two of Minarak's pumps plus three of BPLS's are operational, which means we are only able to move 10 percent of the Lapindo mud to the Porong River," he said. The volume of the mud contained in the dam is now reaching the critical height of 11 meters, he said. "If it exceeds 11 meters, it would be disastrous," Zulkarnain said.

The damage caused by the mudflow has been estimated at about $4.9 billion. It has so far buried 12 villages, killed 13 people, displaced more than 42,000 residents and wiped out 800 hectares of densely populated farming and industrial land.

Last month the BPLS said more than $30 million worth of infrastructure may need to be relocated because of an expanding underground fissure near the original crack.

Lapindo Brantas, which is controlled by the family of the coordinating minister of people's welfare, Aburizal Bakrie, has consistently denied accusations that its activities caused the mud volcano. The government has ordered it to compensate those left homeless by the disaster – a task it has yet to complete.

Agriculture & food security

Farmers face fertilizer price hike as subsidy drops

Jakarta Post - September 5, 2009

Jakarta – The price of subsidized fertilizer may increase by as much as 80 percent next year as a result of a proposed lower subsidy allocation, the Office of the State Minister for State Enterprises and state fertilizer firms estimated in a joint simulation.

Said Didu, secretary to the state minister for state enterprises, said Friday that the government – through the Agriculture Ministry – had proposed Rp 11.3 trillion (US$1.1 billion) to subsidize fertilizer products next year, a much smaller amount compared to the Rp 17.5 trillion allocated this year and the Rp 15.18 trillion in 2008.

The proposal, incorporated under the 2010 state budget bill, is still subject to deliberation by the House of Representatives. Under the proposed figure, Said added, farmers would be the hardest hit.

"The Ministry, along with state fertilizer companies, have done a simulation to estimate how much of a budget was needed for the subsidized fertilizers.

"We found two options to resolve the lack of subsidies: increasing the fertilizer prices or reducing the amount of subsidized fertilizer," he said, adding that the first option would lead to an increase in prices of up to 80 percent.

"I do not think that cutting the subsidized amount of fertilizers would be a wise decision because farmers depend on fertilizers so much. They will be angry because they will not get enough fertilizer for their crops."

Using the 2010 budget for subsidized fertilizers, the Agriculture Ministry plans to distribute urea (7 million tons) and several kinds of fertilizers such as Superfosfat (1 million tons), NPK (2.2 million tons), ZA (0.95 million tons) and organic fertilizers (0.6 million tons).

At the moment, farmers are only paying Rp 1,200 per kilogram for urea fertilizer, compared to the Rp 6,000 per kilogram market price. Said added it was impossible to subsidize all kinds of fertilizers using the money allocated because it would bring serious losses to fertilizer companies.

The proposed 2010 state budget bill subsidy allocation – including fuel and electricity subsidies – is currently set at Rp 144.36 trillion, lower than Rp 166.70 trillion allocated for this year. (naf)

Farmers struggle in East Nusa Tenggara

Jakarta Globe - September 6, 2009

Eras Poke, Kupang – Hundreds of farmers in two subdistricts of Indonesia's East Nusa Tenggara are asking for government assistance after their rice and corn harvests failed, as families face critical shortages in their food supply.

"According to a report by the head of the East Rote district, harvest failures had hit some 38 hectares of farmland [in Pantai Baru] managed by 100 families," Yulius Tulle, district secretary for social affairs in Rote Ndao, said in Kupang on Saturday.

"In Oehandi village in Southwest Rote, 106.5 hectares had failed to produce crops, with 153 families suffering losses."

Tulle said that those figures did not take into account other villages that had also been hit by crop failures this harvest season, including Batutua, Lekik, Dolasi, Oelasi, Oeleta, Mbokak, Oebafok, Mekoain, Lakaoen, Oeseli and Oeboni in Southwest Rote, and a number of other villages in Pantai Baru subdistrict.

"We've responded to the report by asking for the assistance of the East Nusa Tenggara social affairs office, since the government of Rote Ndao has only a limited amount of funds," Tulle said.

Tulle said that his office could not pinpoint the reason for the crop failures, although changes in the weather brought about by El Nino were suspected.

"Whether it's the weather, pests, diseases or other factors, only the authorities in related agencies can explain the cause of this harvest failure," he said, adding that his agency was currently more focused on mitigating the impact on farmers' livelihood than on finding the cause.

"As a social agency, our task is to find a solution to save the stricken farmers' families," Tulle said. "After all, harvest failure has a tremendous economic impact on those families."

Untung, the acting head of agriculture, plantations and forestry in Rote Ndao, said separately that his agency had sent a special team to identify and investigate the areas worst hit by the crop failures.

"We have appointed a team [to investigate] the food scarcity, to visit villages in the two districts and identify the location and existing problems related with the harvest failure," he said.

"The team is expected to increase its working speed by involving counselors and village authorities, and report the results of their investigation to help us decide what steps to take next."

Untung said his office would work with the Rote Ndao social affairs office on the issue.

"The harvest failure may lead to food scarcity since the villagers' food stores may have been dwindling or even depleted since the last harvest. We will also prepare preemptive steps, including provision of seeds, if shortfalls are found to be common," he said.

Health & education

Stigma still hinders response to HIV/AIDS

Jakarta Post - September 7, 2009

Jakarta – Stigmatization and discrimination are two crucial problems for people living with HIV/AIDS who seek medical treatment and to deal with these social attitude problems requires active participation from all the stakeholders, according to a women foundation.

Jurnal Perempuan Foundation said many people living with HIV/AIDS have been reluctant to go to hospitals for counseling, testing and medical treatment because of the stigma and discrimination against them.

"(Because of) fear of discrimination from their social surroundings, many people living with HIV/AIDS have chosen not to go to hospital to seek relevant information and medical treatment," Agustina from Jurnal Perempuan Foundation said here recently.

She cited for instance that those living with HIV/AIDS would feel uneasy and uncomfortable if asked by medical workers about their marital status and many medical staff tended to show hostility to unmarried patients.

"If it is obligatory for hospitals, clinics and medical workers to know their patients' status, more and more unmarried patients, including those infected by the virus, will not take the initiative to have a voluntary test and medical treatment," she said

"I propose that the question 'are you married or not?' could be changed to 'are you sexually active or not?' " Agustin said.

Masruchah, the secretary-general for Indonesian Woman's Coalition for Justice and Democracy, said that the Health Ministry should be concerned at the negative impact of this type of questioning.

"We should not blame medical staff for asking about marital status since it is part of the procedure. The Ministry is the body who can change this," Masruchah said.

Health officers were not the only ones who needed to be more aware, added Maman A. Rahman from the Center for Education and Information on Islam and Women's Right Issues (Rahima). "Religious people especially their leaders also (can) play a greater role in solving the HIV/AIDS problem," he said.

Maman acknowledged that it was very hard to ask religious people to be sympathetic to people living with HIV/AIDS.

"Many religious leaders disagree with condom usage, even in high risk populations, since they believe it only promotes free sex," he said. "The same also applied to the government's efforts to provide clean needles for drug users who are living with HIV/AIDS. They believed it would only promote narcotic using," he added.

Maman argued that however HIV/AIDS was the common problem of society. Religious people, especially Muslim people, must take part in solving this problem.

"Rahima trys to explain about HIV/AIDS problems to religious people using a phased method," said Maman. Rahima firstly explained about the importance of reproductive health. secondly, it then explained about the HIV/AIDS problem. Thirdly, it explained that the HIV/AIDS problem was also connected to the issue of inequality between man and woman.

He said that religious people were able to quickly receive the first phase of the explanation. (mrs)

Education autonomy law unconstitutional, citizens say

Jakarta Globe - September 3, 2009

Camelia Pasandaran & Anita Rachman – The government found itself in Constitutional Court on Thursday defending its education autonomy law against nine citizens who want it annulled on the grounds that it is unconstitutional.

The government said the 2008 law, named the Education Legal Entity Law (BHP), would improve education in the long run by making universities more independent, especially in managing financial affairs.

The nine applicants filing the judicial review, however, are claiming the bill will hamper the ability of all citizens to have equal access to education, arguing that this inequality is against the constitution.

The citizens – which include parents, teachers and university students – said the new law had brought about conditions that discriminated in favor of the rich.

Under the law, autonomy means that the government budget for higher education will be reduced, which means the universities have to become more financially self-sufficient.

Dimas Ari Nurdianto, a student from the University of Indonesia, testified that ever since the autonomy scheme was applied to UI several years ago (which included a lengthy trial period), the college has tried to make up the financial shortfall through significant increases in fees.

Dimas said many students were dropping out because they could not afford the higher entrance and semester fees. "A new student recently withdrew his application to attend university due to financial problems even though he had passed the selection tests," he said.

However, the government has long rejected criticism that the controversial law would spell financial ruin for prospective university students and lead to a poorer standard of education.

It has said that the legislation allows state-owned universities to charge students only one-third of the total cost of their courses and that each university must allocate a minimum of 20 percent of the number of enrollment positions to students from low-income households.

Dimas said that since the implementation of the scheme at UI, students have had to pay more overall despite the perception that they would be paying less.

"In 2008, 65 percent of university income came from students, while now, in 2009, the amount students contribute has fallen to 45 percent," he said. "However, while the percentage is decreasing, the amount the students have to pay out of their own pockets is increasing."

Darmaningtyas, an education expert, agreed with Dimas, testifying in court that discrimination in education would probably made worse by the new law. "The BHP law will only push commercial education to new levels."

Corruption & graft

Bailout may ensnare Yudhoyono, Boediono

Jakarta Post - September 7, 2009

Rendi A. Witular and Aditya Suharmoko – Questions have arisen over President Susilo Bambang Yudhoyono's and then Bank Indonesia governor Boediono's lack of foresight in the Bank Century debacle.

Critics say the decision by the government and BI to rescue the ailing Bank Century may have been based on dubious facts about the state of the country's economy and the real condition of the bank.

Participants at the Nov. 20 and 21 meeting to decide Century's bailout say the BI leadership fed the government with limited and possibly invalid facts to justify the rescue.

The 12-hour meeting of the Committee for Financial Sector Stability (KSSK), which brings together Finance Ministry and BI officials, was seemingly enough for Finance Minister Sri Mulyani Indrawati to grant Boediono's request to rescue the bank, according to a participant at the meeting, (speaking on condition of anonymity to protect their career).

"Finance Ministry officials were so furious at BI (in the meeting), because they had to decide quickly but lacked sufficient input and analysis," said the participant. "There wasn't even data or reports on the table when they debated the justification for the rescue."

Lawmaker Dradjat Wibowo said the ongoing audit by the Supreme Audit Agency (BPK) would reveal any possible attempt by BI to used invalid data to justify the rescue. "That's what I'm concerned about. The decision may have been made based on insufficient and probably invalid facts fed to the KSSK," he said.

The Century controversy erupted after the bank's bailout costs, as of July 31, soared tenfold from the original estimate of Rp 600 billion (US$60 million) proposed during the meeting.

It was not until late July that legislators got wind of the ballooning costs, after having been kept in the dark by the government and the central bank, and started to question the justification for the bailout.

BI has repeatedly argued the rescue was necessary to prevent a systemic threat to the banking sector, saying that 23 banks of the same size as Century would have been dragged down had Century been allowed to fold. "There was no mention of the 23 banks during the meeting; that number just came out recently," said another participant.

Minister Mulyani has repeatedly said the decision to rescue the bank was based entirely on BI arguments and calculations.

During the meeting, vice president-elect Boediono merely passed along the arguments and facts delivered by his officials for Mulyani's team to ponder, with no attempt whatsoever to question their validity, the participant said. "I guess this was because Boediono was just four months away at the time from taking the top job at BI."

BI's deputy governor for banking supervision, Siti Fadjrijah, the key figure in drawing up the bailout justification, is currently recuperating from a stroke that put her in a coma four months ago.

However, despite the questionable validity of the central bank's data and analysis, Mulyani and Boediono decided to go through with the bailout, in a private meeting at around 4 a.m. on Nov. 21, witnessed only by KSSK secretary Raden Pardede and a noted lawyer.

"There was no political discussion during that meeting. The decision was based entirely on the risk Century may have posed to the economy in general," said the participant. The meeting did not touch on the scale of the fraud crippling Century, nor the potential for a costly bailout.

With all the allegation of dubious grounds for rescue, Yudhoyono's rivals have suggested there was a plot to salvage the bank out of concern from big depositors close to the President. As reported Friday, a Cabinet member said the debacle could be traced back to Nov. 13, 2008, when Mulyani told Yudhoyono of the bank's troubles, on the sidelines of a G20 meeting in Washington, DC.

While little is known about the meeting, the Cabinet member said it was possible a deal had already been struck to salvage Century. Yudhoyono has refused to comment directly on the issue.

Police have no evidence of KPK graft: ICW

Jakarta Globe - September 7, 2009

Nivell Rayda – Police were desperately looking for excuses to pin down the Corruption Eradication Commission after allegations that several executives of the antigraft body were taking bribes were later found to be false, a corruption watchdog said on Monday.

Indonesia Corruption Watch (ICW) suspected that the National Police's move to again summon officials from the commission, also known as the KPK, indicated that police could not find any evidence to support bribery claims put forward by the commission's suspended chief, Antasari Azhar.

Antasari made controversial allegations that several of his colleagues at the KPK were taking bribes from a fugitive businessman, Anggoro Widjaja, while he himself was detained on charges of orchestrating the murder of a state-firm director.

On Friday and again on Monday, police summoned the four active KPK commissioners and several middle ranking officials related to the claims by Antasari, as well as Ary Muladi, the only suspect in the case. Ary is charged with impersonating a KPK officer to solicit bribes from Anggoro and forging a KPK document.

Emerson Yuntho, ICW deputy chairman, said that there were several irregularities in the summons letter.

"The letter says that the KPK commissioners would be questioned in Ary Muladi's case, but then it also indicates that they were questioned for abuse of power," Emerson said.

"Ary's case is about fraud, extortion and document forgery. If it is related to Antasari's claims, the police no longer handle Antasari's case. Antasari is now under custody of the Attorney General's Office," he said. "The KPK had done the right thing by ignoring the summons."

Separately, Bibit Samad Riyanto, the KPK deputy chairman for graft investigation and prosecution, said that the commission would not adhere to the summons until it had received "further explanations on exactly what case police were investigating."

A police source close to the case told the Jakarta Globe that so far there were no signs of involvement by any KPK officials and the National Police chief, Gen. Bambang Hendarso Danuri, had called investigators on Thursday urging them to take whatever steps were necessary to investigate the case.

The police investigations have been hampered by suspect Ary's continually changing claims.

Anggoro reported through his lawyer that he had been extorted by Ary and Eddy Sumarsono, both claiming to be KPK officers. Ary later confessed to fabricating a document and accepting more than Rp 4 billion in bribes from Anggoro, which he said were later given to KPK commissioners.

Ary later admitted that he kept some of the money for himself, but said the rest was given to a KPK executive identified as Edi Rahman, who supposedly received money transfers to his account at PT Bank Central Asia.

A police source close to the case told the Jakarta Globe that police later found that Edi Rahman was not a KPK executive but a lawyer from Surabaya, East Java.

Anggoro fled the country in July last year, after the KPK began investigating his company, PT Masaro Radiokom, over irregularities in the procurement of an integrated radio communications system at the Ministry of Forestry in 2007.

Antigraft body demands new attorney general

Jakarta Globe - September 6, 2009

Heru Andriyanto – President Susilo Bambang Yudhoyono must appoint a new attorney general to replace Hendarman Supandji, who has failed to effectively support the government's anticorruption drive, Indonesia Corruption Watch said on Sunday.

The group said that under Hendarman's leadership, the Attorney General's Office "has misled the direction of the country's antigraft campaign" by focusing on unimportant figures while allowing the major players to go free.

A recent ICW survey in nine provinces, including Jakarta, indicates that only 3.5 percent of graft suspects charged by district prosecutors are from the "upper management."

"This is also true for the AGO, especially when certain political and business powers are involved," ICW researcher Febri Diansyah said.

Also during Hendarman's tenure, the AGO adopted a controversial policy of not detaining graft suspects if they agreed to return the stolen money, and dropped numerous cases involving high- profile figures.

Over the last two years alone, the AGO has cleared business tycoons Sjamsul Nursalim and Tan Kian, former Pertamina executives Ariffi Nawawi and Alfred Rohimone, former minister Laksamana Sukardi and former President Suharto's son, Hutomo "Tommy" Mandala Putra, of corruption charges.

"The AGO often argued that they had dropped cases because of the lack of evidence, because there was no state loss or because those cases were civil cases, not criminal," Febri said.

"This is unacceptable because any case must undergo scrutiny before it enters the prosecution stage, and in some major cases the attorney general himself decides whether or not the case will be prosecuted," Febri said.

Lawmakers take final 'toothless' shot at justice

Jakarta Post - September 5, 2009

Jakarta – With only weeks to go before their tenure ends on Sept. 30, 29 lawmakers have made a desperate attempt to challenge the government's "imprudent handling" of the Century Bank debacle.

The lawmakers signed a petition letter on Friday demanding a thorough investigation into the case, which they deemed similar to the situation faced by the Bank Indonesia Liquidity Assistance (BLBI) after the 1998 Asian financial crisis that cost the Indonesian people some Rp 144.7 trillion (US$14.3 billion).

"Given what has happened to Century Bank, this could lead to a BLBI Part II," the petition says.

The letter – sent to the House of Representatives chairpersons, Bank Indonesia executives, the Finance Ministry and the media – points to several instances of so-called imprudent handling, the first being the government's legal basis for the bailout.

The lawmakers say the government regulation – in lieu of law No. 4/2008 referred to by the government – is no longer valid as the House of Representatives refused to endorse it as a law on Dec. 18, thus all financial bailouts after the designated date are baseless.

The government has so far injected capital into the troubled bank four times to keep it afloat: Rp 2.77 trillion on Nov. 23, Rp 2.2 trillion on Dec. 5, Rp 1.15 trillion on Feb. 3 and Rp 630 billion on July 21.

The central bank argued bailouts carried out after Dec. 18 were based on a memorandum of understanding on a "protocol for assisting ailing banks" circulated by Bank Indonesia (BI) and the Finance Ministry. The Bank Indonesia Law and the Deposit Insurance Agency (LPS) Law were the legal foundations for the MoU, the central bank said.

BI senior deputy governor Darmin S. Nasution said the MoU was imperative to fill a legal gap as the government and lawmakers were still drafting the financial system safety net bill.

Meanwhile, Finance Minister Sri Mulyani Indrawati said the bailout funds were taken from the LPS coffers, not from the state budget and thus did not require House approval.

Another indication of the government's imprudent handling, the lawmakers say, is the value of the bailout, which more than quadrupled the initial Rp 1.3 trillion bailout proposed to lawmakers late last year.

The lawmakers accuse the government and the central bank of keeping the ballooning bailout cost hidden until it was "accidentally" revealed on Aug. 27, more than a month after the final cash injection was carried out.

"The government only told the House about the first bail out," said a lawmaker, Effendi Choirie, during a press conference on Friday.

Effendi realizes that the letter, signed by lawmakers from all political parties in the House except for the Democratic Party (PD), would serve only as a toothless initiative on the part of the lawmakers, with the end of their term just weeks away.

Traditionally, a petition letter signed by a minimum of 13 lawmakers is sufficient to start a full fledged House inquiry into any matter.

Effendi urges the next lawmakers, which will mostly consist of PD politicians, to look into the bailout issue seriously in order to prevent further repeats of BLBI-type scandals.

"A bailout such as this is prone to corruption and abuse," he said.

The BLBI scandal revolves around state funds that were disbursed to 48 insolvent banks during the Asian financial crisis. The Supreme Audit Agency (BPK) found that Rp 138 trillion of funds had been misappropriated in the disbursement.

"Investigation into the Century bailout will prove whether the government is really clean," he said, suspecting the motives behind the bailout involved protecting big depositors whose assets exceeded the maximum Rp 2 billion per individual guaranteed by the government. (mrs)

Rivals rocking Yudhoyono's boat over bailout

Jakarta Post - September 4, 2009

JP/IrmaJP/Irma – Nothing is more alluring for politicians and opportunists right now than jumping on the bandwagon to condemn the costly Bank Century bailout. The target is clear: President Susilo Bambang Yudhoyono, vice president-elect Boediono and Finance Minister Sri Mulyani Indrawati. The Jakarta Post's Rendi A. Witular, Aditya Suharmoko, Andi Haswidi and Andra Wisnu dig deeper into the issue.

A Cabinet member told The Jakarta Post recently that the messy Bank Century bailout, which was uncovered during a hearing between the Finance Ministry and lawmakers in late July, should be traced back to Nov. 13, 2008.

That was the day when Finance Minister Sri Mulyani discussed with President Yudhoyono the trouble faced by Century on the sidelines of a G20 meeting in Washington DC, United States.

While little is known about the meeting, the Cabinet member believes it was possible a political deal had already been struck to salvage Bank Century.

"What matters is not whether the meeting (between the finance minister and Vice President Jusuf Kalla on the bailout) occurred on Nov. 22 or Nov. 25, as it was on Nov. 13 that everything started," the minister said.

It is possible that Yudhoyono gave Mulyani a mandate to bypass vice president Jusuf Kalla, who was acting president in Yudhoyono's absence, in helping out the bank, he said.

After a meeting with lawmakers on Thursday, Mulyani has refused to comment on the issue.

Outgoing vice president Jusuf Kalla, who still wielded significant political power at the time, has complained the bailout was initiated without his permission.

He said he would not have approved the bailout because the bank was in trouble not by the country's economic state but because of fraud committed by its shareholders.

It was not until Aug. 27 that questions were raised over the importance of keeping the small Bank Century, which was worth just Rp 6.9 trillion (US$690 million) in October, afloat, despite the fact that public knowledge of irregularities in the bank had existed since late 2004.

In a Nov. 21 meeting, the Financial Sector Stability Committee granted a lifeline to Century, leading the Deposit Insurance Agency (LPS) to inject Rp 2.77 trillion into the ailing bank on Nov. 23.

The Committee consists of officials from the Finance Ministry, the central bank and the LPS, and is chaired by the Finance Minister.

Their justification given for salvaging Century was that if it failed it would lead to a domino effect on the entire banking sector.

Lawmakers are suspicious that the bailout was granted not out of a desire to protect the economy from the effects of global financial crisis, but as part of a scheme to rescue the finances of high-profile and politically wired depositors.

Several businessmen close to Yudhoyono are believed to have had deposits in Bank Century.

According to a Golkar legislator and Kompas, Hartarti Murdaya was among the depositors; while Indo Pos daily reported that her husband Murdaya Poo was another one.

Hartarti was the financier of Yudhoyono's 2004 and 2009 election campaigns. She also gave Yudhoyono an office when he resigned from President Megawati's Cabinet in 2003.

Murdaya, a lawmaker, however strongly denies that he and his wife are among the Century depositors. "It's a total lie. My wife and I don't have any link whatsoever with the bank," he said when interviewed at the House of Representatives on Thursday.

Boedi Sampoerna is also believed to have had significant investments in Bank Century.

Lawmaker Dradjat Wibowo says the political motivation for the Century bailout is so significant that it needs to be investigated by the Supreme Audit Agency (BPK) and the Corruption Eradication Commission (KPK).

The KPK first suspected irregularities in the Century bailout late last year, but will only proceed with an investigation should a BPK audit produce strong evidence of corruption.

Deputy KPK chairman Haryono has said that the KPK has to date not determined any specific irregularities with the Deposit Insurance Agency's (LPS) bailout.

"If the BPK's audit shows any existing rules have been breached in the bailout, we will definitely conduct further investigations," Haryono said.

Yudhoyono has thus far refused to directly comment on the issue.State Secretary Hatta Radjasa told reporters Wednesday that while the President was well-informed on the issue, he had requested the finance minister and Bank Indonesia take charge of responding to it.

"The President has asked the Finance Minister and BI to provide explanations, because such issues are not the domain of the President. It is the Financial Sector Stability Committee and BI that control and supervise the banking sector."

Aside from targeting Yudhoyono, politicians and the President's inner circle are believed to be taking advantage of the debacle to keep Minister Mulyani from getting a position on the incoming Cabinet set to assume office in October.

A source close to the Minister said many parties dislike her tough anticorruption policies at the tax office and the customs office.

"With the minister (Sri Mulyani) gone, recalcitrant businessmen may again collude with tax officials to evade taxes and with customs officials to smuggle goods in," said the source.

The decision to bailout the bank was purely economic, and Mulyani was actually helping former BI chief Boediono take responsibility for cleaning up the mess BI created by not properly regulating Bank Century, he said.

Mulyani said earlier the request for salvaging Bank Century was originally made by BI. While BI had not fully informed Mulyani of the potential that the bank was riddled with fraud, she agreed to take the risk because of the high-degree of economic uncertainty at that time, when the global financial crisis was erupting.

She said she was not aware that Robert Tantular, the owner of the bank who looted the bank's deposits, had enjoyed close ties with the BI's top brass since the 1990s.

The questions of political favouritism and corruption ensure the debacle over the Century bailout will continue until the BPK completes its audit, expected at the end of the year.

"The case is not only rife with debates over the economy and the banking sector, but also questions of political revenge and a power struggle. It's hard to know where will this issue lead to, and what will happen next," said banking analyst Ichsanuddin Noorsy.

Jakarta rocked by bank scandal

The Australian - September 3, 2009

Stephen Fitzpatrick, Jakarta – An Indonesian banking scandal set to rival those of the 1997-98 Asian financial crisis threatens to undermine the final days of Susilo Bambang Yudhoyono's first government.

The President's outgoing deputy, Jusuf Kalla, this week accused his successor, former central bank chief Boediono, of presiding over "dereliction" in the 6.7 trillion rupiah ($802.5 million) bailout of Bank Century, a foundering middle-sized institution created in 2005 by the merger of three banks.

The Supreme Audit Agency has responded quickly to parliamentary demands it examine claims the bailout followed lobbying from influential Bank Century shareholders and depositors, including some of Indonesia's wealthiest families and state-owned companies.

The initial Bank Century bailout estimate late last year was for only 2.27 trillion rupiah, but the amount eventually poured in by Bank Indonesia was almost triple that, with reports that massive withdrawals by key depositors were made even as the institution was being stabilised.

According to parliamentary sources and local media, these depositors included the Sampoerna and Arifin Panigoro families, as well as state companies PT Jamsostek (the national insurance firm) and PT Timah (the national tin miner).

"Five trillion rupiah was withdrawn between November 2008 and June 2009," Danang Widyoko, from Indonesia Corruption Watch, said yesterday, citing internal bank documents.

The first of the four Bank Century cash injections was made by Bank Indonesia on November 23 last year and the final one on July 21 this year.

To make matters worse, the bailout decision was taken despite evidence of huge fraud at Bank Century, resulting in the November 26 arrest of its major shareholder, Robert Tantular.

He is facing eight years' jail and a fine for embezzlement, but the $US1 billion ($1.2bn) thought to have embezzled has never been recovered and is believed to be in Hong Kong.

Finance Minister Sri Mulyani, an ally of Dr Boediono's when he was Bank Indonesia governor and a crucial piece in Dr Yudhoyono's much-vaunted finance sector reform puzzle, said there was no way the central bank could have been aware of fraud when it moved on the bailout.

She insisted the bailout decision was vital to prevent a "domino effect" failure across the sector at the height of last year's financial crisis, after Century collapsed in November amid a run on savings.

Bank Indonesia deputy governor Budi Rochadi said bank directors had reported "criminal activities" at Bank Century to police on November 25, two days after the first cash injection, but insisted "we didn't have the authority to investigate this; we could only report it to police".

Mr Kalla, who has had a firm hand on economic matters as Vice- President, said the bailout should never have been approved. He insisted he was not consulted until after the fact. "The case of Century was a criminal one, as the bank's owners robbed their own bank and took the money abroad," Mr Kalla said.

Dr Boediono has yet to respond directly to Mr Kalla's accusations, but another Bank Indonesia deputy, Heru Kristyana, said: "However good the supervision, manipulation cannot always be detected."

ICW sets off alarm over draft antigraft bill

Jakarta Globe - September 2, 2009

Nivell Rayda – The country's most prominent antigraft watchdog warned on Wednesday that there were at least two provisions in the latest draft of the Anti-Corruption Court bill that could hamper the government's campaign against graft.

Speaking at a discussion held by the Center for Law and Policy Studies (PSHK), Febry Diyansyah, head of legal and judicial affairs at Indonesia Corruption Watch, said that the latest draft suggested that a permanent Anti-Corruption Court would be established at the district level.

"There would be at least 400 such courts across the country, which would require huge numbers of judges with the capacity to hear corruption cases and completely understand the law on corruption," he said.

ICW also commented on a move by the Supreme Court to train at least 2,000 new judges in anticipation of the new courts, which Febry said was a mere formality.

"The top court did not even bother to check the integrity of each judge – many of them had already controversially acquitted several graft defendants in the past," he said.

"The Supreme Court only conducted the training for two weeks. How can they expect to produce quality judges?"

The ICW also said there should only be six courts hearing corruption cases from several provinces each, to maintain the integrity of anticorruption efforts.

Hailed as a key weapon in the fight against corruption, the current court in Jakarta, which has a 100 percent conviction rate, has sent many high-ranking officials to jail for graft.

In 2006, the constitutional court ruled that the current Anti- Corruption Court lacked a solid legal basis and ordered a new law to be drawn up before Dec. 19 of this year.

Febry also said that another problem that could reduce the court's effectiveness was the number of ad-hoc judges on single panels. The current court has at least three ad-hoc judges, but the latest version of the bill says there should only be two ad-hoc judges per five-member panel.

"Permanent judges are part of an already corrupt judicial system," Febry said. "It is unlikely they will be as independent in their decision as ad-hoc judges, despite claims that they are."

The ICW added that corruption cases heard by regular courts, which follow the rule of two ad-hoc judges per five-member panel, had been less successful in putting corrupt officials behind bars. The ICW said that records showed that more than 50 percent of these cases resulted in acquittals.

War on terror

TNI will join fight against terrorism

Jakarta Post - September 5, 2009

Dicky Christanto, Jakarta – The National Police have agreed to the President's call for the Indonesian Military (TNI) to take an active role in combating terrorism, saying military personnel would be involved in seeking information, conducting raids on terrorists and handling the response to terrorist attacks.

But Police Chief Gen. Bambang Hendarso Danuri said investigations into acts of terrorism and suspected terrorists would remain the exclusive domain of the police.

"The military will be involved in almost every step made to combat terrorism except the investigation process. This process will be handled entirely by our officers," he told a meeting of the Commission III on law at the House of Representatives on Thursday.

Bambang added the military would be empowered to assist the police in collecting intelligence information and locating suspected terrorists.

"Remembering that the military has both the experience and an established network for doing these duties," he said. Bambang was responding to President Susilo Bambang Yudhoyono's call for the military to assume an active role in counterterrorism efforts, which he said threatened not only foreigners but the nation's interests and integrity.

Human rights defenders and civil society groups have cautiously accepted the military's new role, after opposing to the president's call, which they said would lead to the militarism and extrajudicial abuses of power that characterised the New Order era.

The military are equipped to official help the Police tackle terror as the Army, Navy and Air force all have specialist counterterror units.

A police official, who requested anonymity, confirmed the police chief's statement, stressing that the military would be needed to help empower its forces. "The military have effective, lethal strike forces. We are likely to need this whenever the situation in the field deteriorates," he said.

He continued to say that beside the strike forces, the police would also be grateful to have access to the military's intelligence network, because, he said, the regional police network is ineffective.

"I don't know what has happened with our junior officers these days. In many occasions I see they are just not trying to collect intelligence in their regions. I must admit that many of them have become very elitist, they seldom visit their own people," he said.

This, he continued, has created a situation where regional officers are unable to detect early warning signs in their own backyards.

There have been several incidences where the National Police have traced suspected terrorists to locations mere meters away from police stations, to the surprise of local offices.

Muhammad Jahri's house in Beji Village, Temanggung, Central Java, for example, is located less than 50 meters from a police post. It was on this house that police launched a 17 hour raid after they received reports that Noordin M Top and his accomplices were staying there.

Ibrohim, who worked at the JW Marriott Hotel and is believed to have smuggled in materials used to make the bombs used in the July 17 attacks in Jakarta, was shot dead in the raid.

Former Intelligence Agency Chief General (ret) A.M Hendropriyono said that, theoretically speaking, it would have been almost impossible for wanted terrorists to spend a night in that house if TNI and Police intelligence agencies were better coordinated and had been more involved with local residents.

"The house was not where you would normally expect to find terrorists hiding out. It is located in the middle of a village that is not a home to radicals. This would have never happened if the intelligence clock within the people's hearts was ticking properly," he said at a discussion on de-radicalism several days ago.

He suggested that in order to foster a sense of alertness among Indonesian citizens, some old tactics must be dusted off and revised to met the needs of the current situation.

"We should use every resource that we have, including the military's intelligence network if it is needed, because at the end of the day, we are all facing a common enemy," he said.

Indonesia terror fight also a battle for minds: Ex-officials

Jakarta Globe - September 5, 2009

Markus Junianto Sihaloho – A former senior security official experienced in fighting terrorism said on Thursday that deradicalization programs for terror suspects and their supporters should be included in any new Indonesian antiterrorist laws.

Brig. Gen.(ret.) Suryadharma Salim, a former head of the police's Densus 88, said the elite counterterrorism unit had introduced such a program, but it lacked a legal basis.

Suryadharma said extremism would never be stopped just by force, and that initiatives such as deradicalization programs were also necessary. "If the government plans to amend the Anti-Terrorism Law, a de-radicalization program must be a part of it," Suryadharma said.

Ansyad Mbai, the head of the antiterror desk at the Coordinating Ministry for Political, Legal and Security Affairs, said that police powers in the Anti-Terrorism Law were still too limited.

He said the authority of the police to detain a terror suspect should be extended to two years, adding that the country was too "soft" on terrorists and should adopt a Malaysian-style internal security law.

Hendropriyono, the former head of the State Intelligence Agency (BIN), also said that brute force would never succeed in stopping terrorism if not combined with other techniques.

"Terrorism must be tackled through a sweeping deradicalization of the terrorists and other people involved in sectarian violence," Hendropriyono said.

He said that many Indonesians tended to accommodate a culture of violence that terrorist networks could exploit. Such networks, he said, would thrive and grow larger unless the government introduced programs to get to the root of the problem.

He suggested that the government spearhead and oversee a civilian-led movement aimed at opposing any form of violence. "If citizens have the ability to bravely oppose the culture of violence, then terrorism would not be able to grow," Hendropriyono said.

Nasir Abbas, a former member of regional terror group Jemaah Islamiyah who now assists the police, said that terrorism would never be stopped without choking off the terror networks at the community level.

He said there were always ordinary citizens who would support terrorists by offering them shelter and protection from the authorities. "We must become more aware of this kind of thing," Nasir said.

Hendropriyono said most of the money collected by terrorists in the country was used to maintain established networks or to build new networks.

"It does not cost a lot to make a bomb," he said. "Terrorists usually need more money for infiltration, observation and to establish new networks. By focusing on the communities in which terrorists can seek shelter, we can stop people at the grassroots from funding violence."

Terror mastermind likely hiding in Java: Anti-terror chief

Agence France Presse - September 3, 2009

Aubrey Belford, Jakarta – The Islamist mastermind allegedly behind deadly July suicide bombings in Jakarta is likely hiding out on Indonesia's main island of Java, a top anti-terrorism official said Thursday.

Malaysian Noordin Mohammed Top, one of Asia's most-wanted militants, is believed to have chosen to stay on the densely populated island despite a nationwide manhunt, security ministry anti-terror chief Ansyaad Mbai told AFP.

Noordin was believed to have narrowly escaped a massive police raid in Central Java in August.

"We're sure Noordin is in Indonesia, basically in Java," Mbai said. "Even sometimes he has gone out of Java but he always comes back. Basically there are groups in Java that support him... his favourite place is Central Java."

Noordin, 41, who heads a violent splinter faction of the radical Jemaah Islamiyah (JI) network, is suspected of being behind the July 17 double suicide attacks on Jakarta's JW Marriott and Ritz-Carlton hotels.

The bombings, which killed seven people including six foreigners, were the first such attack in Indonesia in nearly four years.

Analysts say Noordin has been able to fall back on a network of schools and families linked to JI, and is likely able to rely on support from the group's majority faction despite a deep rift over the use of spectacular terror attacks.

A report by the Brussels-based International Crisis Group (ICG) last week said Noordin's group, which he has dubbed "Al-Qaeda in the Malay Archipelago" is "larger and more sophisticated than previously thought."

With the help of a number of well-connected lieutenants, Noordin is finding it "disturbingly easy" to recruit members to carry out fresh attacks, the ICG said.

Noordin allegedly also masterminded a 2003 attack on the Marriott that killed 12 people, as well as the 2004 bombing of the Australian embassy and 2005 attacks on tourist restaurants on the holiday island of Bali.

Police believe they narrowly missed Noordin in a dramatic televised raid in August on a safehouse in Temanggung, Central Java.

Noordin was initially reported dead at the end of the 17-hour siege but the body later turned out to be that of a florist working in the Marriott and Ritz-Carlton hotel complex who helped plot the attacks from the inside.

Mbai said Noordin's apparent escape – one of a series after years on the run – showed there were holes in Indonesia's anti- terror fight. "I'm disappointed with the less vigilant (approach of authorities)," he said.

Police also said Thursday they were investigating the possibility the attacks were funded by phone or Internet banking from the Middle East.

"We're going to keep following this and making sure, but activities in Yemen and Saudi Arabia are the key link with Indonesia. We will have to look into it first however," national police chief Bambang Hendarso Danuri told parliament's legal affairs committee.

Police this week said they had declared as a suspect Mohammed Jibril Abdurrahman, a radical publisher who went by the online moniker "Prince of Jihad", for allegedly funding the bombings, possibly from foreign Al-Qaeda brokers.

A Saudi national has also been arrested and accused of helping to fund the attacks.

Jakarta to stiffen laws on terror

The Australian - September 2, 2009

Stephen Fitzpatrick, Jakarta – Indonesia is considering tough new anti-terror legislation that would enable detention without charge for up to two years and prosecution of radical preachers who glorify terrorist acts.

The new laws could see the targeting of Muslim clerics such as Abu Bakar Bashir, who gave his blessing to the 2002 Bali bombers but escaped attempts to convict him of terrorism.

Bashir is regarded by a small group of hardline Islamists as a guiding light, although he almost certainly had no direct involvement in recent attacks including the July 17 Jakarta bombings. He spends his time travelling throughout Indonesia preaching his anti-Western message.

He presided at the central Java funerals three weeks ago of two suspected terrorists shot dead by police in relation to the July 17 attacks, describing them as "fighters for Islam" who would be given "God's reward" in heaven. Thousands of people crowded into the ceremony in the city of Solo to hear Bashir's words.

The head of Indonesia's anti-terrorism desk, Ansyaad Mbai, told The Australian yesterday that encouraging terrorist sentiment should be a prosecutable offence.

"What I think we need, in the sense of increasing our legal capacity, is the criminalisation of certain activities, such as preparation for terrorist acts, encouraging people to be involved in terrorism, and spreading hatred," General Mbai said.

Under current anti-terrorism laws enacted after the 2002 Bali blasts, suspects can be held for just seven days before police must either outline charges or release the accused.

However, General Mbai denied the proposed new laws signalled a return to the repressive days of former dictator Suharto, or that they were an attempt to copy the heavy-handed internal security acts of neighbouring Malaysia and Singapore.

The retired police inspector-general, who was part of a delegation summonsed to the parliament on Monday to address legislators on the need for the rule changes, said that despite recent advances in Indonesian policing standards, the July bombings were evidence that "our legal protection remains inadequate".

"Terrorism needs to be prevented, and the preventative means we have are through the legal system," he said.

General Mbai cited as proof of Indonesia's systemic inadequacy the fact that one of the men buried by Bashir two weeks ago, Air Setiawan, had previously been arrested on suspicion of involvement in terrorist activities and subsequently released. "That's a lesson that our laws are too soft," General Mbai said.

Parliament has in the past considered and rejected proposals to institute a stand-alone internal security act like Malaysia's or Singapore's, but the current debate revolves around stiffening the already existing anti-terrorism legislation.

The Brussels-based International Crisis Group, in a report last week on the support base of Noordin Mohammad Top, the Malaysian believed responsible for the July bombings, warned against a beefed-up legislative approach to the problem.

"Strengthened legislation, harsher sentences for convicted terrorists, and new structural arrangements in the security apparatus (would be counter-productive) unless government agencies make a serious effort to understand and weaken the support base for terrorist activity," the group warned.

Rights defenders reject longer detention for alleged terrorists

Jakarta Post - September 2, 2009

Dicky Christanto and Adianto P. Simamora, Jakarta – Human rights defenders strongly rejected a proposal to extend the detention of alleged terrorists to two years without charges.

Activists from the Commission for Missing Persons and Victims of Violence (Kontras) and the Indonesian Human Rights monitor Imparsial said the demand for greater power, including an extended detention period was excessive.

The main problem in combating terrorism, "is the failure of government to take preventive actions", Al Araf, a research coordinator from Imparsial, said Tuesday.

He said the counterterror law already authorized the police to arrest and detain people for seven days.

Article 28 of the counterterror law allows investigators to detain anyone strongly suspected of terrorist acts based on sufficient evidence, for a maximum of seven days.

The criminal law only allows an investigator to detain people without charges for a maximum of one day.

The activists were responding to a proposal by the head of the government's counterterrorism desk, Insp. Gen. (ret) Ansyaad Mbai, that suspected terrorists should be detained for up to two years. It was not the government's official stance as reported earlier, but his own view, Ansyaad said.

"In my personal opinion, a two-year questioning session would enable us to dig deeper", he said.

Usman Hamid from Kontras said the proposal was "excessive".

Al Araf said that in reviewing the 2002 law on terrorism, the focus should be on article 26, which permits the involvement of state intelligence to fight terrorism.

In response to Ansyaad's proposal, apart from earlier suggestions from the military and the Defense Ministry to further involve the military in fighting terrorism, legislators have largely voiced approval of either reviewing the counterterror law, or having a presidential decree issued in lieu of the law to enable the necessary changes of the law.

However, a review of the law in the near future is unlikely as the term for current legislators at the House ends on Sept. 30.

Apart from proposing a longer questioning period for alleged terrorists, Ansyaad added that it was likely that police would also need new regulations providing harsher penalties for those found guilty of inciting hatred in public.

"In the future we should no longer tolerate public agitators who incite people to hate or even kill other people just because they have a different color or religion," he added. He cited similar regulations in other countries that he said had significantly helped curb terrorism.

The Internal Security Acts in neighboring countries such as Malaysia and Singapore, have often been cited as effective policies to discourage terrorist activities.

So far those proved guilty of inciting hatred in Indonesia are only subject to up to one year in prison for violation of the Criminal Code.

Recent reports of police plans to monitor sermons at mosques for speech inciting hatred during Ramadan led to an uproar and police later denied the plans.

However police in Batam near Singapore said they had started watching over sermons as part of security measures during the holy month.

Ministry wants tougher Malaysian-style terror law for Indonesia

Jakarta Globe - September 1, 2009

Febriamy Hutapea – Never mind differences over culture, Malaysia has at least one thing that the Indonesian government wants to "copy" – its tough antiterror law. A senior government official says the country is too "soft" on terrorists and is pushing for a Malaysian-style Internal Security Act.

The proposal may not sit well with human rights organizations, which are concerned that unchecked powers to detain individuals for long periods without charge is open to abuse.

Ansyad Mbai, the head of the antiterror desk at the Coordinating Ministry for Political, Legal and Security Affairs, said on Monday that police powers to detain a terrorist suspect for just seven days without charge were insufficient, with two years being a more appropriate time frame.

"In Malaysia and Singapore, it is two years before [alleged terrorists] appear in court, so we are surrounded by countries that have a tougher legal process," Ansyad said.

"That's why Noordin is operating in this country, because our law is too soft. They have more freedom here," he said, referring to Noordin M Top, who is wanted in connection with a string of bombings in the country, including the July 17 blasts at the JW Marriott and Ritz-Carlton hotels.

Ansyad was speaking on the sidelines of a high-powered government delegation that appeared before the House of Representatives' Commission I overseeing defense to push for a revision of Law No. 15/2003 on terrorism, including controversial plans to increase punishment for those who "glorify" terrorism.

Coordinating Minister for Political, Legal and Security Affairs Widodo AS urged the commission to provide a legal basis for the Indonesian Armed Forces (TNI) and State Intelligence Agency (BIN) to work more closely with the National Police to better counter terrorist threats, including sea piracy, air hijacking and hostage-taking in remote areas.

Human rights organizations have previously criticized President Susilo Bambang Yudhoyono for his comments supporting increasing the role of the military in the fight against terrorists, saying some officers might exploit their role for their own interests as during the New Order regime.

The military was used by former dictator Suharto to control civilians and suppress their aspirations in political, economic, social and cultural fields.

Commission chairman Theo Sambuaga, of the Indonesian Democratic Party of Struggle (PDI-P), agreed with Widodo that the antiterrorism law needed to be amended to "improve our efforts to tackle" the threat.

Theo said the government needed to create detailed regulations that could be used to combat terrorism in the field by focusing on prevention.

He said the House considered the regulation important because it would elaborate on the rules of engagement between the military and police in countering terrorism. The House also demanded that the government boost its monitoring of funds that could be used to support terrorists, both in the country and overseas.

Besides pushing for longer periods of detention without charge, Ansyad said he was pushing for harsher sentences for crimes such as "glorifying terrorism."

Widodo said terrorism, as an extraordinary crime against humanity, was a tangible, active and serious threat. In order to overcome it, he said, a common commitment among people from all walks of life and the whole nation is needed.

"We hope that no single element of society will ignore these common efforts," he added.

Stricter antiterrorism law could threaten human rights: Official

Jakarta Globe - September 1, 2009

Markus Junianto Sihaloho – The government would be accused of abusing human rights if it endorsed a tougher antiterrorism law giving the power for police to detain a terrorist suspect for two years without charge, a top official from the National Human Rights Commission said on Tuesday.

Speaking to journalists in Jakarta, Ifdhal Kasim said the current antiterrorism law was based on the notion that terrorism is a common criminal action. It means that any regulation must fit within the framework of the common criminal justice system and national laws on human rights, he said.

"A two year detention without charge violates our human rights law and it cannot happen," Ifdhal said.

"The family of the detainee would be banned from seeing him in jail under the regulation. It means the government would also violate the rights of the family," he said.

"Even the subversive law during Suharto's era never stipulated such a long detention term, it only gave one day for security authorities to detain a suspect without charge."

However, the two year detention terms could be accepted if the government changed its definition of terrorism, he said.

"The government must first announce that terrorism is no more a common crime, but has become an action against the nation's sovereignty. With that, the focus becomes a war against terrorism, like that being applied in the United States," Ifdhal said.

"The Government and the House of Representatives must create a new law based on such a concept. Without it, the government would violate human rights values."

Ansyad Mbai, the head of the antiterror desk at the Coordinating Ministry for Political, Legal and Security Affairs, said earlier that police powers to detain a terrorist suspect for just seven days without charge, like those currently stipulated in the antiterrorism law, were insufficient, and two years was a more appropriate time frame.

He said the country is too "soft" on terrorists and is pushing for a Malaysian-style and Singaporean-style Internal Security Act. He claimed that the lack of such a law had become the main reason for wanted terrorist Noordin M Top to operate in Indonesia rather than in the neighboring countries.

Usman Hamid from the Commission for Missing Persons and Victims of Violence (Kontras) on Tuesday criticized Ansyad's statement, saying that such a senior official should not compare Indonesia with the two other nations. "We perform democracy with human rights and legal enforcement better than them," Usman said.

Usman said detaining a terrorist suspect for two years would not give a guarantee of better handling of antiterrorism by the government.

Usman alleged that the idea was meant to hide the fact that the country's security agencies do not have sufficient capabilities to effectively handle terrorism.

Hardline web site will reopen despite founder's terrorism arrest

Jakarta Globe - September 1, 2009

The chief editor of a media group that runs a hardline Islamic Web site said on Monday that the site would reopen after being brought down by excessive visitors following a police raid and allegations that a founder of the site was linked with the Jakarta bombings.

Muhammad Fachry, the chief editor of Arramah Media, said that their Web site was currently being repaired following a surge of visitors.

"We will possibly reopen Arrahmah.com this week," he said at his office in Bintaro, Tangerang, on Monday. "Office activities will resume within a month, now we are still cleaning and rearranging the office."

The Arrahmah office was ransacked and sealed by the police last week, after the police named Fachry's brother, Mohamad Jibril, as a new terror suspect linked to the July 17 hotel bombings in the capital.

Fachry claimed the arrest of his brother, who was also a founder of Arrahmah, had not affected the media company's performance. "Our employees are loyal. The arrest [of Mohamad Jibril] did not scare them or persuade them to resign," he said.

Following the arrest, Fachry said he had received a lot of support from domestic and international Muslim media communities. "We have people's support and we are doing all we can to strengthen and improve our network," he said.

On Tuesday, the National Police will announce Mohamad Jibril's status after a seven-day investigation. Jibril was arrested last week in Pamulang, Tangerang.

His family requested a South Jakarta court to declare the arrest as illegal. Jibri'ls lawyer, Munarman, said that the arrest was carried out without an official notification from the police, whereas according to law, the police must present a notification before arresting a suspect, unless the suspect is caught in action. (Samuel/JG)

Terror suspect worked for Garuda Indonesia, planned bigger attack

Associated Press - September 1, 2009

A suspect wanted in connection with hotel suicide bombings in the Indonesian capital infiltrated the national airline in a plot to carry out a "bigger attack," the police chief said Monday.

The suspect, Mohamad Syahrir, was recruited by a militant network and had been working as a technician with the airline, Garuda Indonesia, said National Police Chief Gen. Bambang Hendarso Danuri.

Documents seized by police uncovered the plot to strike Indonesia's airline sector, he said, without providing details about when or how the attack was supposed to have taken place. Syahrir resigned from the airline and remains at large, Danuri said.

The blasts at the J.W. Marriott and Ritz-Carlton hotels on July 17 killed seven people and wounded more than 50 others, ending a four-year pause in terror attacks in the world's most populous Muslim-majority nation.

Syahrir is the brother-in-law of a militant suspect shot dead by police earlier this month in an hours-long standoff in Central Java province, Danuri said.

The dead suspect, Ibrohim, had been working as a florist at the two hotels for years before smuggling in explosives and the bombers for the July attacks, police say.

Danuri declined to provide further information to reporters after making his comments to parliament's foreign affairs and security committee, but the details appear to support theories by terrorism experts that militants infiltrated potential targets years in advance.

Additional evidence was also found about a plot to assassinate President Susilo Bambang Yudhoyono in retaliation for the execution of three convicted Bali bombers in 2008. Danuri provided no further details.

Police were still searching for several suspects in the recent hotel bombings, including the alleged mastermind, Noordin Muhammad Top, said to head a breakaway faction of the regional terrorist network Jemaah Islamiyah.

Indonesia suffered bombings between 2002 and 2005 that together killed more than 240 people, most of them foreign tourists on the resort island of Bali.

Danuri said 455 suspected militants have been detained in Indonesia since 2002, and 347 received prison sentences ranging from a few months to the death penalty. Some 192 have served prison terms and been released.

One of the four fugitives in the Jakarta hotel bombings was a convicted bomb-maker named Urwah who was sentenced to seven years but released and "returned to his old habitat," Danuri said.

Police have said they were investigating the possibility the July bombings were carried out with foreign funding, which terrorism experts believe could indicate links to al-Qaida.

Authorities say the terrorism network was involved in four major attacks in Indonesia, including the two Bali bombings in 2002 and 2005, the J.W. Marriott bombing in 2003, and a blast at the Australian Embassy also in Jakarta in 2004.

Islam/religion

Concerns over 'steps toward Islamic state' in Indonesia

Jakarta Globe - September 7, 2009

Febriamy Hutapea & Heru Andriyanto – The nation is quietly being pushed closer toward an Islamic state, Christian politicians and religious groups warned on Sunday, pointing to attempts this month to push through a bill requiring halal product labeling.

The legislation could be passed by the House of Representatives as soon as next week, despite opposition from the Christian-based Prosperous Peace Party (PDS) and minority religious groups who say it is discriminatory.

The House and central government are being accused of rushing discussion on the bill in the hope of endorsing it on Sept. 15. Critics claim the bill, like the Anti-Pornography Law passed almost a year ago, is a ploy by conservative Islamic groups to introduce elements of Shariah law within secular Indonesia.

The House, they say, is being pressured to endorse the legislation before its term expires at the end of September.

Hasrul Azwar, chairman of the House committee deliberating the bill, said on Sunday that he expected it to be completed within two weeks. "There is no pressure. The bill has been scheduled to be finished by the end of this month," he said.

The bill states that all packaged food, drinks, medicine and cosmetics produced and sold in Indonesia must be certified as halal or not by an independent body and then labeled accordingly.

Hasrul said the central government wanted the classifying body formed under the Ministry of Religious Affairs, while several parties have demanded an independent body with representatives from the central government and the Indonesian Council of Ulema (MUI). "Those matters are still being debated. Even [yesterday] we worked on it," he said.

The PDS has said that determining what is halal – permissible under Islam – is a religious issue and shouldn't be stipulated by the state. Some members of the business community said the labeling system would be expensive and that small businesses could suffer.

Lawmaker Badriyah Fayumi of the Islamic-based National Awakening Party (PKB) said non-Muslim communities should not feel threatened by the bill. "The state is obliged to facilitate its citizens in practicing their [version of] Shariah. The halal matter is very much one of principle for Muslims," she said.

She said a halal law would provide a stronger legal basis to impose sanctions on companies that lied about the contents of their products. "The bill will stipulate sanctions if there is forgery or mixing halal and non-halal foods," Badriyah said, adding that this could result in fines of up to Rp 4 million ($400).

Husna Zahir, chairwoman of the Indonesian Consumers Foundation (YLKI), said she was concerned that the issue of classifying products as halal had distracted attention from the real debate.

"This ongoing problem must not divert the government's focus from product safety, because what we need is an effective system capable of making sure that all products distributed in the markets are safe and halal to consume," she said.

Clerics pan Indonesia's Ramadan TV fare

Jakarta Globe - September 3, 2009

Ismira Lutfia – What better symbols to present to Muslim- dominated television audiences in this holy month of Ramadan than Arabic cultural icons such as camels and deserts?

At least, that seems to be what most Indonesian broadcasters think, and it's what the Indonesian Council of Ulema (MUI) has been disappointed with.

"The spirit of Ramadan is depicted on some TV shows merely with symbols. They are not even Islamic but Arabic cultural ones," the council's head of mass communication, Said Budairy, complained on Thursday.

He told a news conference aimed at presenting the council's evaluation of television shows during the first week of Ramadan that it was "too bad that various shows designed to enliven and spread the spirit of Ramadan are still featuring behaviors that fall short of Islamic guidance."

Budairy said the same went for some shows with Ramadan-related titles whose content failed to fit with the occasion's spirit.

The council did express its appreciation for Metro TV, Televisi Republik Indonesia (TVRI) and TV One for what it described as the educational and positive content of their Ramadan programs.

Budairy said a Metro TV pre-dawn-meal program, "Tafsir Al Misbah ("The Light of the Koran"), which features Islamic scholar and former minister of religious affairs Quraish Shihab, was an example of an inspiring Ramadan show.

"The MUI also appreciates TPI for showing significant improvements in its Ramadan programs compared to last year's, which were dominated by a mystical drama series," he said.

Fetty Fajriati, vice chairman of the Indonesian Broadcasting Commission (KPI), said Ramadan TV shows generally failed to provide the religious atmosphere expected from networks.

"We hope that there will be an improvement in the remaining days of Ramadan," Fetty said.

MUI secretary Ichwan Sam said it was important for the council to monitor the content of television programs during Ramadan because this was a holy month for Muslims that should be devoted to doing good deeds.

"Especially on television, which is a public domain," Ichwan said, adding that the council and the KPI provided guidelines for broadcasters to produce the right mix of Ramadan shows.

Muhammad Izzul Muslimin of the broadcasting commission said a television ratings agency advised that audiences preferred entertainment programs during the predawn meal because they were more suitable for people fighting off sleepiness while having the predawn meal, or sahur, at 3 a.m. to 4:30 a.m.

"That's why the ratings for such programs are high," Izzul said, adding it was understandable that broadcasters would prefer to air entertainment rather than religious shows during the early hours. "They are much cheaper to produce and they attract more viewers," Izzul said.

Clerics should reject radicalism, experts say

Jakarta Post - September 3, 2009

Jakarta – The recent bombings in Jakarta should be a wake-up call for Islamic organizations and clerics to promote noble Islamic values in order to prevent the rapid spread of terrorism, analysts said in Jakarta on Wednesday.

Riefqi Muna, an international security expert from the Indonesian Institute of Sciences (LIPI) said the rapid spread of terrorist networks in the country was related to the use of mosques and mass religious gatherings to deliver provocative sermons for political purposes.

"I have noticed that many current religious leaders and clerics prefer to deliver provocative statements in their remarks and sermons in mosques and mass gathering instead of advocating noble Islamic values and teachings," he said.

The discussion, based on finding effective ways to prevent religious radicalism, was organized by the Muhammadiyah, the second-largest Islamic organization in the country after the Nadhlatul Ulama.

According to Riefqi, promoting Islamic values and religious teachings can change people's perspectives and encourage them to seek peace and reject religious extremism.

However, he also warned that such efforts should be conducted consistently and simultaneously by many institutions in order to counter infiltration by fundamentalist religious leaders.

The former head of the National Intelligence Agency (BIN) Gen. (ret) A.M. Hendropriyono concurred, saying that it was the right time for religious leaders such as the Muhammadiyah and the Nadhlatul Ulama, the two largest Muslim organizations in the country, to formulate long-term programs that will cutout radicalism using the right "knife".

"We must use cultural, economic and theological perspectives simultaneously to sever the root of Islamic radicalism in our country.

"I am afraid that is the only way. To date that is also what I have done. I have been educating former terrorists and encouraging them to reject religious fundamentalism entirely," he said.

He said that in the future, clerics should be able to convince people that fundamentalist ideas, such as being quick to consider outsiders as enemies, was never in line with being a true Muslim.

"At the same time, we must also empower people economically as it has been proven that most of the field operatives in terrorist organizations are people from lower socioeconomic classes in our society," he said, adding that clerics should stop inciting hatred among Muslims.

He also applauded the de-radicalization program that has been launched by the National Police. So far, 192 out of 455 people who were involved in terrorist activities have been released from prison.

Many believe that if the government is unsuccessful at encouraging terrorists to reject religious extremism, then it is likely they will continue their hard-line activities.

Commenting on this, Piet Khaidir, a member of the central board of the Muhammadiyah's Youth Organization, blamed the rise of radicalism on the reform movement, which he said had promoted religious freedom to extreme proportions.

"The best and only way to prevent the rise of terrorism in Indonesia is to encourage people to stay away from radical ideologies," he said during the Muhammadiyah's discussion.

Broadcast commission wants 'goat' off the television menu

Jakarta Globe - September 1, 2009

Ismira Lutfia – A prudent man does not make the goat his gardener. Nor, apparently, should a prudent television station broadcast the word "goat."

The Indonesian Broadcasting Commission (KPI) told the Jakarta Globe on Monday that it had reprimanded two Jakarta-based television stations for broadcasting derogatory content, including the word "goat," in August.

Regional commission member Zainal Abidin Petir, in charge of monitoring program content, said that in the Aug. 27 episode of SCTV's popular Ramadan sinetron, "Para Pencari Tuhan" ("Seekers of God"), a character called Idrus violated standards by using the word "wedus," the Javanese word for "goat," which can also be translated as "tramp" or "beggar" and can be considered offensive in Javanese.

"He said the word many times because he was disappointed that God did not answer his prayers," Zainal said, adding that this could be deemed as blasphemous and did not set a good example for the audience.

Imam Sutarjo, a Javanese language expert from Surakarta's Sebelas Maret University, said that while it was normal to use that particular word to express anger in a small group or in interpersonal communications, the use of such a derogatory word on television should be avoided as it was disrespectful and unethical.

"Television is in the public domain and has an educational function. What it broadcasts can have an impact on the public, so it is better to use a neutral word to express one's anger," Imam said, without proffering any suitable alternatives.

SCTV spokesman Budi Darmawan said that the scene was in line with the character. "It was just an expression of the character's dissatisfaction," Budi said, adding that the program's creator and director Deddy Mizwar must have pondered using the word since the show was intended to be a religious program and promote good values in people's daily lives.

Deddy said in a text message to the Jakarta Globe that perhaps the program ought not to be watched in the Central Java area.

Meanwhile, Zainal also reprimanded RCTI for the Aug. 20 episode of its talk show "Masihkan Kau Mencintaiku?" ("Do You Still Love Me?"), in which a family's dirty laundry was aired publicly during a quarrel between in-laws. Zainal alleged that the show's hosts Helmi Yahya and Dian Nitami provoked the quarreling parties to disclose the family's secrets explicitly.

RCTI's spokesperson did not reply to the Jakarta Globe's inquiry about the reprimand.

"Such programs have misused television's educational, informational and entertainment role," Zainal said, adding that the commission had sent the reprimands to both broadcasters.

Elections/political parties

Shunned Soehartos attempt political comeback

Sydney Morning Herald - September 5, 2009

Tom Allard, Jakarta – After more than a decade in the wilderness, the family of Indonesia's former ruler Soeharto is making a comeback into political life, staging a bold attempt to wrest control of the Golkar party created by their father and re-establish a dynasty that foundered amid the mayhem that ended his dictatorship.

For Tommy Soeharto – the youngest of the six Soeharto children and a flamboyant playboy who spent four years in prison for ordering the murder of a Supreme Court judge – the motives could not be purer.

"I have a moral obligation to help advance the party which was founded and built by my father," he said in announcing his candidacy for the chairmanship of Golkar last month.

With his criminal record and notorious reputation as a strongman and corrupter, Tommy's bid for power could struggle. But attention is turning to his eldest sister – Siti Hardiyanti Rukmana, widely known as Tutut.

Either way, says a political analyst, Burhanuddin Muhtadi, the motives for the "Cendana family" – the name used for the Soehartos in Indonesia in reference to the former dictator's compound in the suburb of Menteng – lie not in trying to continue their father's legacy but rather with an eye to the 2014 presidential elections. It is an investment in their business future.

"The reason is economical," a senior researcher with the Indonesian Survey Institute, Burhanuddin, said. "In Indonesia, economy and power are like two sides of a coin. If you want to enjoy economic privilege you must have a strong bargaining power in politics. So the Cendana family, I believe, is seeking a chance in the 2014 presidential election for the sake of their business.

"As we know, SBY [Susilo Bambang Yudhoyono] cannot run again as president due to the constitutional barrier. So, anyone who wishes to contest the 2014 election must start their political investment today."

During the corrupt decades of Soeharto's rule, his family is believed to have amassed a fortune of about $15 billion. The palatial apartments in Hong Kong, London and Boston remain, but much of their astonishing wealth has been frittered away amid forced divestments, bad business decisions and profligate lifestyles.

Tutut still controls a lucrative toll road concession and Tommy's Hampuss conglomerate is worth hundreds of millions of dollars, but by the standards of Indonesia's mega-rich the Soehartos have fallen well down the pecking order. "They have been persona non grata for a decade," said one Jakarta business figure. "Nobody has wanted to partner with them. Now they want to restore their position."

A former confidante of Soeharto – who asked to remain anonymous – described a family that, apart from Tommy, remains cloistered in palatial homes, rarely venturing into Jakarta society. "Sigit [the eldest child] likes to go bowling at night... The rest of the time he is just sleeping."

Golkar, once the dominant political force in Indonesia, is a shadow of itself, commanding voter support of just 15 per cent in this year's parliamentary and presidential polls.

As Burhanuddin remarks, its internal politics are "transactional". That is, the top job goes to the person who hands out the most largesse to branch cadres. "It's happy days at the moment if you are a Golkar branch boss. The money is coming from everywhere," a businessman said.

As such, predicting the outcome of October's Golkar conference is fraught. Most analysts regard it as unlikely that Tommy will triumph. But they say Tutut – who served as a minister in Soeharto's government and was widely seen as his heir – could emerge, at the very least, as a kingmaker, reasserting the Soehartos' influence over Golkar.

Whether Golkar can resurrect itself as a political force is another matter. Certainly, in light of the country's democratic and economic progress, few in Indonesia seem to hanker for the days of Soeharto's New Order.

KPU finally announces the allocation of legislative seats

Jakarta Globe - September 3, 2009

Camelia Pasandaran – The General Elections Commission officially announced the results of the April 9 legislative elections on Wednesday, with House Speaker Agung Laksono of the Golkar Party and Balkan Kaplale of President Susilo Bambang Yudhoyono's Democratic Party failing to win seats.

After a long meeting interrupted by Wednesday's earthquake, KPU Chairman Abdul Hafiz Anshary and commission member Andi Nurpati read the names of elected candidates.

The commission delayed announcing winners in Papua due to errors in the data-entry process. The problems, if corrected, would mean a legislative candidate of the Indonesian Democratic Party of Struggle (PDI-P) would be replaced by a candidate from the Great Indonesia Movement Party (Gerindra).

"We are arguing on this matter intensely and so we put off deciding on this case," Nur Hidayat Sardini, chairman of the Elections Supervisory Board (Bawaslu), said at a news conference.

Arif Wibowo, senior member of the PDI-P, said on Wednesday that his party was ready to take legal action if the PDI-P seat was given to Gerindra, its coalition partner in the July 8 presidential election.

The commission also delayed naming substitutes for four candidates it had disqualified: Eri Purnomo Hadi, a candidate of National Mandate Party (PAN) from West Java who also serves as a commissioner of BPMigas; Suwardjono of Gerindra, a civil servant in Central Java who is believed to have used a fake diploma; and Ahmad Daeng Se're and Moch Mahfud, both from the United Development Party (PPP), from South Sulawesi and East Java, respectively, on the grounds that their names had not been listed on the provisional candidates list.

Nur Hidayat Sardini from Bawaslu said his office would continue investigating the cases. "We have seven days to investigate before the KPU issues another decision."

A string of legal challenges and seemingly contradictory rulings from the Constitutional Court and Supreme Court had prompted the KPU to delay announcing the elections results several times.

On Tuesday, the Constitutional Court, which by law has the final authority for resolving election challenges, settled all outstanding disputes, paving the way for the KPU to announce the results on Wednesday.

Bawaslu warned the KPU earlier on Wednesday to carefully calculate the legislative seat allocations.

Despite this warning, Bambang Eka Cahya Widodo, a Bawaslu member, said the board had already discovered mistakes in the KPU's seat allocations. "We found some errors in the seat allocation process," Bambang said without elaborating.

As many as 115 candidates from the Democratic Party, PDI-P and the Golkar Party had earlier said they would challenge the result, but state law experts suggested that the politicians stood no chance to win a legal battle as the Constitutional Court's rulings are considered final and binding.

Soeharto heirs to challenge Aburizal for top Golkar post

Jakarta Post - September 1, 2009

Adianto P. Simamora, Jakarta – Hutomo "Tommy" Mandala Putra may support his eldest sister Siti Hadiyanti "Tutut" Rukmana as she challenges billionaire Aburizal Bakrie for the Golkar Party's top post, party officials and political analysts say.

Following Tutut's announcement last week that she would be joining the race for the Golkar leadership, a number of party officials said Monday that she still had many loyal supporters within the party thanks to her father – the late president Soeharto – who would back her during the party's national caucus next month.

"We must acknowledge that Soeharto's family still have loyal supporters within the party. Many of the party's branch executives at the regency and provincial levels still remember Soeharto as a successful leader.

"Even in the party's central board, I know there are many officials still loyal to the family," Golkar executive Indra Piliang said in Jakarta on Monday.

A political analyst from Diponegoro University in Semarang, Teguh Yuwono, said Tutut stood a much better chance in the race than her brother Tommy, who has also announced his intention to run for the Golkar leadership. Tutut has a cleaner track record, Teguh said, and Soeharto prepared her, not Tommy, for politics.

"She could emerge as a serious contender because she has the wealth to match Aburizal, who is seen as the strongest candidate so far," he said.

Observers have pointed out that Tommy may face difficulties in meeting the party's requirements for the top seat. All candidates for the leadership position must have held a leadership post in a central or regional board, which Tommy has not.

The North Jakarta District Court sentenced Tommy to 15 years jail in 2002 for the premeditated murder of a Supreme Court judge and the illegal possession of arms, but his sentence was cut to 10 years in 2002.

Tutut, who has no criminal record, served as a deputy chairperson on the party's central board during the New Order era.

Party officials have questioned whether Tutut has enough time to prepare for the race, with just one month remaining until the party's national caucus. Speculation is mounting that she will instead financially and politically support young legislator Yuddy Chrisnandi in his bid for the leadership against Aburizal.

In this scenario, even if she was not chairwoman of the party, she would hold a top party post and an influential position to push for her presidential nomination in 2014.

Mohammad Qodari, executive director of the Indo Barometer political pollster, said Tutup would agree to back Yuddy if he could guarantee her Golkar's nomination for presidency in 2014 and protection of her family's business.

"Tutut will also ask the party to clear Soeharto's name from any accusations of corruption," he said.

Government/civil service

Doubts raised over balance of power in next Cabinet

Jakarta Post - September 7, 2009

Jakarta – Political experts are pleased at the possibility the next Cabinet will be filled with more professionals, but are worried that the inclusion of representatives from opposition parties may reduce the efficacy of its checks-and-balances mechanism.

On Saturday, an anonymous source revealed to Antara news agency a number of potential candidates to be picked by President Susilo Bambang Yudhoyono as ministers in his 2009-2014 presidential term. The list included more professionals than the current Cabinet.

Yudhoyono had talked with the Golkar Party, the Indonesian Democratic Party of Struggle (PDI-P) and the Great Indonesia Movement Party (Gerindra), the source said. These parties are not part of the political coalition established by Yudhoyono's Democratic Party for the recent elections.

"The possibility of having opposition party executives (in office) could greatly affect democracy," an expert from the Indonesian Institute of Sciences (LIPI), Siti Zuhro, told The Jakarta Post on Sunday.

"The coalition at an executive level would run parallel to the one at the legislative level, in this case the House of Representatives.

"The main question is now who or what should carry out the checks-and-balances if the House can no longer be expected to play that role wholeheartedly?"

Siti was surprised to see some of the most lucrative and strategic posts, such as that of the energy and mineral resources minister (allegedly going to PDI-P secretary general Pramono Anung) being allocated to party executives.

"Strategic and lucrative posts should only be given to non- partisan professionals who have no interest whatsoever in using their post as a cash cow for the 2014 polls," she said. "We do not want to see a repeat of the Laksamana Sukardi case when he was in charge of state-owned companies."

Under Laksamana's supervision, state-owned oil company Pertamina sold two tankers in 2004, a transaction that may have cost the country some US$50 million in loses.

An expert from Yogyakarta's Gadjah Mada University, Ari Sujito, shared similar sentiments with Siti, saying there was a political motive behind Saturday's unofficial announcement of ministerial candidates.

"I believe Yudhoyono was testing the water to see how the PDI-P, Golkar and Gerindra would react towards the possibility of ministerial posts," he said.

"Yudhoyono also used the announcement to see the response of (PDI-P chief patron) Taufik Kiemas on his possible endorsement as the next People's Consultative Assembly (MPR) speaker." The key was now in the hands of Taufik and (his wife and PDI-P chairwoman) Megawati Soekarnoputri, Ari said.

"If they accept ministerial offers, then the next question will be as to the future of the House checks-and-balances mechanism," he said.

"I believe the PDI-P bloc will not be as critical as it is right now if some of its executives become ministers," Ari said. While rumors about possible minister candidates have been circulating, Yudhoyono insists that the formulation of the Cabinet will only begin after Oct. 1.

There was no such thing as a "political broker", Yudhoyono also said Saturday as quoted by Antara. "I firmly say this: No one should act as a political broker and give out promises. With all my weaknesses, I don't need any political brokers," he said. (hdt)

Outgoing House performs badly, new one less experienced

Jakarta Post - September 7, 2009

The 2004-2009 House of Representatives term will end this month. So far, according to House Speaker Agung Laksono's speech during House anniversary celebrations on Aug. 28, the House is predicted to be able to pass 174 bills into law by the end of their term. However, that number is still far below their target of 284 bills based on the 2004 National Legislative Program. How does the legislative body watchdog judge the performance of the current House? The Jakarta Post's Hans David spoke to the Indonesian Parliamentary Watchdog (Formappi) executive director Sebastian Salang to probe into the evaluation of the House's performance. The following are the excerpts of that interview.

Question: What is your evaluation of the performance of the current House of Representatives in comparison to the House in the previous term?

Answer: The performance of the current House is worse than the one from the previous term. The signs are clear. First, we have to look at the amount of legislation produced. The current House produced less legislation than that of the previous term.

Second, even if the House managed to pass a number of bills into law, those bills were not part of the 2004 National Legislative Program. This shows that the current House did not prioritize the right issues while making legislation.

Finally, most of the laws produced are also flawed in terms of quality. There has been a record number of judicial reviews submitted to the Constitutional Court on the laws produced by the current House.

In your opinion, how should the House improve its performance?

There are many things that need to be improved. One of the most substantial issues is the formulation and the total number of House caucuses. Right now, there are too many caucuses (the current House has 10 caucuses), and based on the Legislative Body Composition Law, things will not get any better in the next House, because the law allows for any party that managed to pass the parliamentary threshold to form a caucus.

That means we could see nine factions at the next House. I believe the number of caucuses needs to be reduced. Three caucuses is enough. With three caucuses, the House would have more commissions, and with more commissions, each commission would have fewer jobs to do and the meetings with the government could be faster and more efficient.

In some countries, a legislative body member can be recalled directly by his or her constituents. Do you think we need such a mechanism to show House members that their responsibilities are to their constituents, not to their political parties?

Actually, we have an indirect mechanism to do that. Constituents can report their representatives to the Board of Honors at the House, and the board will investigate the matter. I do believe that constituents should be able to hold legislators directly accountable.

It is a public secret that legislators often serve as cash cows for their parties. Lawmakers are obliged to donate up to 50 percent of their income, which often forces them to look for "side jobs". How can this problem be solved?

Legislators are indeed the main source of income for political parties. I believe that legislators must solve this issue internally with their respective parties and not use it as a justification for corruption.

What do you think the outcome of bills currently being deliberated at the House will be?

There is a tendency for House members to quickly deliberate bills into law at the end of their term so the public cannot properly monitor the deliberation process.

So, let's not appreciate any efforts by the current House to deliberate bills into law at the very end of its term. I believe the bills will be ticking time bombs if they are passed into law, and there is a possibility the laws are only instruments that will serve the interests of a few powerful people.

What is your expectation for the next House, considering the fact that it will be filled with celebrities, comedians, news anchors and debuting politicians?

Some 73 percent of legislators in the next House are new faces. In terms of performance, I am feeling pessimistic, because they lack experience. However, I have high hopes they will improve in terms of behavior and politeness.

President Susilo Bambang Yudhoyono's Democratic Party will dominate the next House with its massive coalition bloc. Do you think the Democratic Party will have the guts to be critical of Yudhoyono?

To hope the Democratic Party will become critical of Yudhoyono is pointless. The life and death of the party depends on him. So, our only hope for a proper monitoring is critical independent individuals in the next House combined with the power of the media and civil society.

House says it's not in cahoots with ministry over bills

Jakarta Globe - September 3, 2009

Markus Junianto Sihaloho – Senior legislator Theo L Sambuaga has denied suggestions the House of Representatives is secretly working with Indonesia's Ministry of Defense to delay passage of the military tribunal bill, which would allow members of the Armed Forces to be tried in civilian courts.

A source within the House, also known as the DPR, told the Jakarta Globe that senior ministry officials had met secretly with senior members of House Commission I for defense in Jakarta to discuss delaying the bill, while at the same time accelerating deliberations on the equally contentious state secrecy bill.

Critics have said the secrecy bill may lead to abuse of power and limit press freedom with its draconian penalties that could land media organizations fines of up to Rp 100 billion ($9.9 million) and journalists jail sentences of 20 years if they publish what the state deems to be a secret.

Most members of the defense commission are also on the House Special Committee deliberating both bills.

Sambuaga, the Commission I chairman, denied that the secret meeting took place but confirmed committee members were preparing to expedite the passage of the secrecy bill. He also dismissed concerns about the secrecy bill.

"We guarantee that there will be no articles that can harm freedom of the press, democracy and human rights in the state secrecy bill," Sambuaga claimed.

Defense Minister Juwono Sudarsono said his ministry still hoped both bills could be endorsed before the current House's term expired this month. "I still hope we can finish the bills deliberation in near time," he said.

Juwono also denied the allegations that a secret deal had been reached between his ministry and the defense commission.

Special Committee Chairman Guntur Sasono told journalists that legislators would hold a series of closed-door meetings at the Atlet Century Park Hotel in South Jakarta from today until Sunday to discuss the state secrecy bill.

He said the private meetings were needed to create a "conducive environment" in which lawmakers could accelerate the drafting of the bill, with senior members of the Defense Ministry, which had proposed the bill, only attending as representatives of the government.

"We must accelerate it because we only have, effectively, two weeks left," Guntur said.

Previous meetings to deliberate the bill were also held on in August in Cikopo, West Java.

Talks on the military tribunal bill, meanwhile, have been deadlocked for nearly 11 months, with the Defense Ministry and Armed Forces insisting that soldiers suspected of civilian criminal offenses continue to be investigated exclusively by military investigators. The current policy maintains that civilian authorities can only become involved after the military briefs are handed over to prosecutors and civilian courts.

Observer Agus Sudibyo, from the Science, Aesthetics and Technology Foundation (SET), said it was likely the ministry and some lawmakers were actually conspiring to endorse the state secrecy bill while hampering passage of the military tribunal bill.

House members responsible for drafting the military tribunal bill were last week criticized for poor attendance during deliberations of the bill.

Agus said that because of the limited time available to draft the bills, it was better that the whole process be delayed. "An acceleration could potentially result in poor quality bills," he said.

People want competent ministers: Survey

Jakarta Post - September 4, 2009

Jakarta – A majority of people want President Susilo Bambang Yudhoyono to prioritize competence and personality over political and ethnic background when selecting personnel for his new Cabinet in the next five years, says a recent Indo Barometer survey.

The survey, consisting of 1,200 respondents from different economic and political background in 33 provinces, indicates Indonesians want their President to select progressive, competent and dedicated people capable of carrying out and advancing his programs.

"Some 95.9 percent of respondents think a minister must be sufficiently capable and competent, and 94.5 percent want the selected ministers to have a good personality regardless of their political and ethnic background," Indo Barometer executive director M. Qodari said, when presenting the survey's results on Thursday.

The survey, which was conducted from Aug. 18 to Aug. 26 and financed by a number of research companies, indicates its participants concur with political analysts who have urged the President to form a slim Cabinet and appoint competent people, including members from his Democratic Party's coalition.

The President should also pay attention to the youth, the survey concludes, as 36.2 percent of the respondents said at least half of the Cabinet should consist of young individuals. Only 30.3 percent of the surveyed individuals are ready to accept old figures in the next Cabinet.

"Young individuals are those under the age of 40, according to 33.9 percent of our respondents who were asked about the maximum age someone should be to be considered young," Qodari said.

The survey shows that only 56.5 percent of the respondents think that having the support of political parties is important.

However, the survey also highlights that the respondents do not have any objection to Yudhoyono giving some of the ministerial posts to parties who have won seats in the legislative elections. "Around 40 percent of our respondents agree with the idea of accommodating political parties in the next Cabinet," Qodari said.

The survey also shows that 60.2 percent of the Indonesian Democratic Party of Struggle (PDI-P) voters want their party's top brass to be included in the next Cabinet.

Effendi Simbolon, a legislator from the Indonesian Democratic Party of Struggle (PDI-P), said the party would consider these survey results as input to determine whether the party would coalesce with the government or form the opposition in the parliament.

"However, Megawati Soekarnoputri [PDI-P chairwoman], will ultimately decide what our final stance will be on this matter, " he said. Effendi also said it would be another month before the PDI-P made up its mind on the issue.

Many political analysts have advised Yudhoyono to ignore his political rivals – the PDI-P and the Golkar Party – when forming his next Cabinet, to ensure a system of checks and balances remains in the House. They added Yudhoyono should prioritize professionals over politicians in his next Cabinet.

According to the survey, the respondents want the posts of religious affairs minister, finance minister, and the state coordinating minister for politics and security to be given to professionals, not political party elite.

Democratic Party Secretary General Marzuki Alie said at the conference that he believed Yudhoyono would make the right decisions about the next Cabinet and that he would announce the Cabinet lineup in time. (hdt)

Survey says people want all parties involved in the next cabinet

Jakarta Post - September 3, 2009

Jakarta – A survey by Indo Barometer says that the people want President Susilo Bambang Yudhoyono to embrace all political parties in the next cabinet. The survey was conducted of 1,200 respondents in the country's 33 provinces.

"40.1 percent of our respondents said that they agreed with the idea of accommodating all political parties in the next cabinet," Indo Barometer Executive Director M. Qodari told a press conference at the House of Representatives in Senayan, South Jakarta, on Thursday.

"This shows that the people still prefer political policies that put everyone to gather up together and they do not keen on the idea of having opposition."

Political experts have been demanding Yudhoyono ignore his political rivals, the Indonesia Democratic Party of Struggle (PDI-P) and the Golkar Party, for the next cabinet in order to ensure the checks-and-balances mechanism at the House.

The experts also say Yudhoyono must prioritize professionals rather than political parties' executives for the next cabinet.

Yudhoyono's Democratic Party Secretary General Marzuki Alie said he believed Yudhoyono would make the right decision about the next cabinet. "Political parties, whether elite or not, are not the issue. What matters is their competence for the ministerial post." (hdt)

Growing Indonesia coalition may hurt democracy, say activists

Jakarta Globe - September 1, 2009

Camelia Pasandaran – The potential power of President Susilo Bambang Yudhoyono's Democratic Party-led coalition in the House of Representatives could pose a threat to democracy, the Indonesian Civic Network said on Tuesday.

Ray Rangkuti, chairman of the organization, also known as Lima, said that a lack of opposition in the House, or DPR, could weaken the performance of the government.

He pointed to speculation that the Golkar Party might join Yudhoyono's ruling coalition, as well as reports that the opposition Indonesian Democratic Party of Struggle (PDI-P) may follow suit.

He warned there would be no parties willing to protect the people if the government violated their rights or acted against their interests. "At worst, there will be no democracy at all," he said.

Other analysts have also voiced concerns that Yudhoyono's growing coalition threatened the ability of the DPR to provide the necessary checks and balances.

"The opposition in the House should exist to avoid violations within the system," said Andrinof Chaniago, a political analyst at the University of Indonesia.

"There should be someone to watch over violations within the government. How can we have quality policies if there is an absence of control?"

Andrinof said that without a credible opposition voice to monitor the government, only the media and the public would remain as watchdogs.

Benny Susetyo, a religious leader and political analyst, said that Golkar and the PDI-P could hurt themselves and lose popular support if they joined the coalition.

"A good party should have its own ideology," he said. "They should not be in a coalition with other party that have different ideologies. Parties without strong ideologies are neglecting their supporters."

Golkar has never been an opposition party. Many believe that the former political vehicle of former President Suharto will quickly fall into line behind Yudhoyono for its share of the spoils of government, including valued cabinet positions and leadership posts in the various legislative bodies and commissions.

Though the PDI-P under former President Megawati Sukarnoputri gained some traction during its time in opposition, her businessman husband, Taufik Kiemas, has been struggling behind the scenes to align the party with Yudhoyono.

Rangkuti said that political parties were not prepared to lose. Golkar and PDI-P, which both fared poorly in the legislative elections, are now trying "to gain power in coalition with the government," he said.

"Losing parties should be opposition parties. They don't realize that the position of opposition is actually as good as being in government."

Rangkuti also said that with hypocrisy evident in the parties, the public would continue to lose faith in them as trusted institutions.

"Before the election, people specifically voted for Golkar and the PDI-P, as well as for Megawati and Kalla, because they saw them as being distinct from other parties," he said. "This is actually a betrayal of the voters."

Rangkuti said that the lack of an opposition voice had already begun to be felt. "No parties have dared to criticize the government," he said.

Party executives strong candidates for next Cabinet

Jakarta Post - September 1, 2009

Adianto P. Simamora, Jakarta – Executive members of political parties in coalition with President-elect Susilo Bambang Yudhoyono's Democratic Party will remain strong potential candidates for the next Cabinet, experts predict.

University of Indonesia political expert Fachry Ali said there were only few professionals from the party who were eligible to run "technical" ministerial posts. "Party executives should be posted in non-technical ministerial seats," he said.

The former and current chairman of the PKS, Hidayat Nurwahid and Tifatul Sembiring, were strong ministerial candidates in the next Cabinet, Fachry said.

"Economist Zulkiefliemasyah, a member of the PKS, is one ministerial candidate eligible for a technical post, such as the ministry of industry," he said.

Hidayat, who was also the People's Consultative Assembly (MPR) speaker, could be nominated as the coordinating minister for people's welfare.

The PKS is currently the only coalition party which has unveiled plans to propose names of ministerial candidates to Yudhoyono.

Fachry said that from the PAN, economists Didik Rahbini and Drajat Wibowo were strong potential candidates who could work professionally in their jobs despite their link to the party.

"The party's secretary-general, Zulkifli Hassan, who is also a businessman, could be potential candidate in addition to the incumbent State Secretary/Minister Hatta Radjasa," he said. The leaders of the PPP, Suryadharma Ali and Bachtiar Chamsyah, still had big chances to be reappointed in the next Cabinet for political reasons, Fachry said.

"I strongly recommend Suharso Monoarfa, who is now a legislator from the PPP, as a Cabinet minister," he said.

From the National Awakening Party, potential ministers are still political appointees such as its chairman, Muhaimin Iskandar.

Yudhoyono has earlier said he would pick professionals with both party and non-party backgrounds for his next ministers.

The Democratic Party had also invited other parties, including the Golkar Party and the Indonesian Democratic Party of Struggle (PDI-P) to join the next Cabinet.

"If Aburizal Bakrie is elected Golkar chairman, it is highly likely the party will join the government," Indo Barometer research executive director Mohammad Qodari said.

Aburizal could offer his campaigning team head, Idrus Marham, as a ministerial candidate to Yudhoyono, he said.

"There are also a numbers of 'old cadres' from the Golkar party who may potentially become ministers, including Muladi, Theo L. Sambuaga and Firman Subagyo," he said.

Qodari said the PDI-P were also likely to join the cabinet. "The PDI-P could nominate the party's secretary-general, Pramono Anung, Megawati Soekarnoputri's daughter Puan Maharani and party member Tjahyo Kumolo for ministerial posts," he said.

Film & television

Film bill designed to create 'fear,' says noted director

Jakarta Globe - September 7, 2009

Nurfika Osman – As the controversial film bill moved closer to becoming law, one of the country's most prominent directors called the legislation an attempt to create a climate of psychological fear among filmmakers.

Young director and producer Riri Riza was responding in particular to an article in the bill that would require filmmakers to submit their scripts to the authorities for approval.

"Having to register our stories and to get approval is designed to create a form of psychological fear," Riza told the Jakarta Globe. "What kind of scenarios do the [officials] want? Under these conditions, creativity in films will be removed."

Riza also raised concerns about another article in the bill that would prohibit movies containing storylines that could encourage people to use drugs or seek out pornography, or that in any way could compromise the values of the country.

"How do we define pornography and other values as stated in the bill?" he asked. "This bill is going to homogenize films in the country."

However, Riza said that if the bill was passed into law, it would not discourage directors from making movies. "We see this as a challenge for those who believe in freedom of expression," he said. "We won't stop making films."

Meanwhile, the legislation moved closer to passage on Monday when a House commission agreed to recommend that a House of Representatives plenary session endorse the bill to replace the 1992 Law on Film, despite initial objections by the Indonesian Democratic Party of Struggle (PDI-P).

Heri Akhmadi of the PDI-P said his party was concerned that the legislation did not support the film industry and could stifle creativity. He said the party was also disappointed that lawmakers failed to invite the public and members of the film industry to participate in formulating the bill.

"This film bill is not ideal. It does not empower the Indonesian film industry," Akhmadi said during the commission meeting. However, after initially voicing its displeasure with the legislation, the party quickly backed down.

With the nine other factions having already agreed to endorse the bill, a closed-door session was called and the PDI-P lawmakers emerged 30 minutes later having agreed to set aside their misgivings. "We were caught in a dilemma," Heri said. "If we failed to endorse the bill it would only be passed on as a burden to the next House."

Separately, Culture and Tourism Minister Jero Wacik said the legislation would improve and challenge Indonesian movies, and that the government would only intervene and exert control in order to create more quality films.

Film bill draws strong protests from movie stakeholders

Jakarta Post - September 6, 2009

Jakarta – The Indonesian Press and Broadcast Society (MPPI) have expressed their strong opposition to the proposed new law on the film industry, which they said was authoritarian.

"The current bill is very authoritarian. It is better for the House to deliberate further on the bill to seek inputs from all stakeholders and relevant civil society groups," Kukuh Sanyoto, the coordinator of MPPI said here on Friday

They said the bill gave too much power to the government, especially the Ministry of Tourism and Culture, and to governors, regents and mayors who would be able to interfere in film production, which was expected from the former New Order regime.

The bill stipulates that movie producers have to acquire operational permits from the ministries and local administrations, threatening permit revocation for violators. Before making a movie, a production house must report its plan, the title and scenario to the Ministry and production can only start at least three months after the report has been submitted.

Foreign producers who make movies in Indonesia must also ask permission from the government.

"Book publishing does not need a government license. The same should also prevail for the film industry," he said.

On Wednesday, the Indonesian Movie Community, an association of artists, producers, and directors also protested against the bill, saying the House should suspend endorsing the bill before it sparked mass protests from the general public.

Christine Hakim, a senior actress, said that the acting and film community felt that they had been left out of the discussions on the bill.

Deddy Mizwar, a senior actor and director, also said that if the current bill was passed into law it would certainly kill the movie industry and artists' creativity.

Riri Riza, a prominent film director, said that the community had proposed inputs to replace the contentious provisions on the obtaining of film permits and the proposed censorship system but the House working committee ignored them.

MPPI also opposed the establishment of a new censorship agency to censor cinema production. (mrs)

Critics take their last shots at Indonesian film censorship plan

Jakarta Globe - September 4, 2009

Febriamy Hutapea & Ismira Lutfia – With less than a week to go before lawmakers endorse it, the controversial film bill is coming under a hail of media criticism in a last attempt to stop its passage.

The press and broadcasting community on Friday joined the fray, calling for the bill not to be passed next week as scheduled, saying it was too authoritarian, would stifle creativity and could hurt democracy.

"The proposed film bill is much worse than the current Law on Film. It allows for more interventions and controls on film activities and businesses," said Kukuh Sanyoto, a coordinator of the community, or MPPI.

The new bill, Kukuh told the House of Representatives, would curtail the freedom of filmmakers, reducing their ability to express their creativity, through its articles on censorship, its unclear classification of films, its permit requirement for film companies and its requirement that films be registered with the authorities.

"This is government intervention going too far," he said.

He added that the bill also allowed for additional regulations through governmental or ministerial decrees, further boosting government intervention.

Kukuh said the bill, a revision of the 1992 Law on Film that is scheduled for endorsement on Tuesday, was prepared without public participation, including from the film industry.

Kukuh said that films should be placed on par with other media like newspapers and magazines, which are not obliged to seek permits to publish, and as a democracy, the country should do away with censorship bodies.

"The public should be protected, but not with the brutality of a censorship body," Kukuh said.

Other prominent MPPI members joining the protest included Press Council deputy chairman Sabam Leo Batubara and Indonesian Media Law and Policy Center director Hinca IP Pandjaitan.

Heri Akhmadi, the deputy chairman of House Commission X overseeing art and culture, said the commission had held public discussions in six cities and had taken on board input from many actors, producers and theater businesspeople.

"We've tried to accommodate all sectors of the industry. We've tried to find the solution to opposing perspectives," Heri said. "But we can't just follow one voice. This is a political process."

He said the new censorship board to be set up under the revised law would be an independent body with members chosen by the public, and that instead of butchering films it would only classify them.

Heri added that the registration of films was meant only to help the government gather data, from the types of movies being made to box office figures. Separately, several nongovernmental organizations urged lawmakers to include clauses banning cigarette advertising in films to protect children from being targeted by tobacco companies.

Muhammad Joni, the deputy chairman of the National Commission for Child Protection, said at a news conference that the film bill did not protect children and teenagers from being exposed to cigarette advertising.

Joni added that the film industry should be treated the same as broadcasters and the press.

Artists fear film bill will hamper creativity

Jakarta Globe - September 4, 2009

Febriamy Hutapea – Indonesia's press and broadcasting community on Friday slammed the new film bill, which is due to be endorsed next week, saying that it was too authoritarian and will damage democracy.

The community, which calls itself MPPI, expressed their opposition over the bill, which they have deemed as being out of line with democratic and human rights principles, at the House of Representatives.

"The current Film Bill is much worse than the previous Film Law. It even contains more interventions and control of film activities and businesses," said MPPI coordinator, Kukuh Sanyoto.

Under Article 6 of the bill, the production of films containing violence, pornography, community provacations and religious insults or films that damage people's dignity are prohibited.

The bill, Kukuh said, would castrate the freedom of film creators to express their creativity due to the censorship policy, the lack of clarity about film classifications, the policy to require permits for film businesses and the obligation for all films to be registered. "The government's intervention goes too far," he said.

The bill is scheduled to be endorsed on September 8.

Jakarta/urban life

In Jakarta, beggars can't be choosers

Jakarta Globe - September 6, 2009

Tasa Nugraza Barley & Ade Mardiyati – Each year during Ramadan, beggars come to Jakarta to take advantage of the extra generosity of the city's Muslims during the fasting month.

The giving of charity is required from all Muslims to help those in need, and during Ramadan each gift to the poor, or any other good deed, earns extra credit for the faithful from Allah.

But two years ago the Jakarta municipal administration passed a bylaw carrying penalties as high as a Rp 20 million ($2,000) fine or 60 days in jail for anyone caught giving cash to street beggars. And efforts are made each year in Jakarta to round up beggars before and during Ramadan and take them to shelters and training centers.

Authorities have estimated that the number of beggars arriving in Jakarta from outside the city rose by about 10 percent during the first week of Ramadan, and during the first 10 days of the fasting month, the Jakarta Social Agency netted more than 850 beggars, including 83 infants, in raids across the city's five municipalities.

Most came from northern coastal areas such as Brebes and Pekalongan in Central Java, and the vast majority are controlled by panhandling syndicates, according to Budiarjo, the head of the agency. In 2008, Budiarjo said, 7,000 beggars were caught in raids during Ramadan, with around 5,000 placed in shelters, about 1,100 sent back to their hometowns and the rest taken in by their families.

BeritaJakarta.com, the city administration's official news portal, has reported that the number of beggars coming to the city could increase by 500 percent over the entire holy month.

Here are the stories of five people counting on the generosity of others on the streets of Jakarta this year.

Susi

With too many mouths to feed and no husband, Susi says she has no choice but beg for money. The 40-year-old was cradling the youngest of her six children while begging on "her turf" – a traffic intersection in Matraman, East Jakarta – last week.

Susi said she collected about Rp 20,000 to Rp 50,000 a day, which she used to keep her children in school and feed them.

She said syndicates of beggars existed, but not around Matraman. "It's usually beggars from other cities who are involved in syndicates. I'm a Matraman native," she said.

She said Muslims usually showed charity toward beggars during Ramadan, but the government's renewed focus on enforcing the 2007 bylaw on begging had made many of them nervous about handing out money.

To illustrate her point, on the day she spoke to the Jakarta Globe, Susi said she had only collected Rp 3,000 in three hours. "They don't understand. I do this for a living. If they had a better job for me, I would take it in a flash," she said.

Bunga

Bunga means "flower" in Indonesian, and this little girl had a pretty little face to match her name, and a big smile. She doesn't know exactly how old she is, but looks to be around 6.

Bunga said she had been helping her mother "find money" for about two years. They beg at intersections in Gudang Peluru, East Jakarta.

Bunga said she badly wanted to join her friends at school, but for now that just wasn't possible. She had been in school once, she said, but was forced to drop out because her mother could no longer pay the fees.

Bunga said she made Rp 15,000 a day on average, but lately it has been less. "People are afraid they'll go to jail for giving us money," she said. "Which is so sad because I'd been hoping to get more money this Ramadan. I wanted to buy new clothes like other children at Idul Fitri."

Budi

Budi was seen strumming a ukulele as he dodged traffic in Permata Hijau last week, right near a block of luxury apartments. He said he only begged during those times when he didn't have work.

Budi said he usually made Rp 25,000 from begging from 7 a.m. to 11 a.m. He prefers to beg in the morning so he can sleep in the afternoon, he said.

Budi said he'd never heard of syndicates of beggars operating in Jakarta, and that the city administration's ban on begging seemed both cruel and unnecessary. "They don't have hearts. My people need money for food. Do they give us food? No," he said.

Budi, a Muslim, said he knew God didn't approve of him relying on handouts, but what choice did he have? "It's hard finding a decent job in this city," he said.

Budi said he dreamed of being a famous singer one day, just like Iwan Fals who sang on the streets before he got famous. But, in the meantime, "I'll just keep begging for money."

Sri Maryani (Narti)

"Thank you so much, pretty sister," Sri Maryani, or Narti, said in Javanese to a young woman who had just given her three Rp 5,000 bills.

After arriving in the city about two weeks ago with her 3-year- old son, Narti, who is pregnant, started her working life in Jakarta digging out plastic cups from garbage cans and dumpsters to sell. But, after a couple of days, she realized the work required too much walking for a pregnant woman.

"I will give birth to my second child in about two weeks," the 28-year-old said. "I get tired very easily now. And I'm also fasting." Narti and her family live in Rembang, Central Java, and she left for Jakarta to earn extra money to pay for the delivery of her baby.

Meanwhile, her husband took off to Palembang, South Sumatra, to work on a coffee plantation. He has no idea Narti has been begging for money, she said.

"He doesn't even know that I left Rembang. My mother knows I'm here, but she doesn't know I'm doing this kind of work," Narti said.

She said her husband used to sell usually made Rp 20,000. "It's not enough to cover our daily needs – and with the baby on the way – that's why he left to try a new job and see if it is any better," she said in a thick Javanese accent.

When asked whether she was aware the city administration had a law against begging, Narti shook her head. "I don't have a TV [for news] but what I do know is that public order officers chase and arrest beggars," she said.

"I was arrested once but released a few hours later because I'm pregnant. They said it would cost them more money to have a pregnant woman arrested."

Every day for the past 10 days, Narti and her son have started begging at a pedestrian bridge as early as 8 a.m. When she decides to call it a day, Narti leaves the bridge and heads "home" to a train station platform in Jatinegara, East Jakarta.

Narti said she earned more when foreigners passed by. "Mister bule gives more money," she said. "I can usually earn Rp 30,000 up to Rp 35,000 a day."

However, Narti said she wouldn't be a beggar for long. She plans to give birth in Jakarta – so as not to trouble her mother back home in Rembang – and take the bus back to Rembang a couple of days later with the baby. "I have to be home before my husband gets back," she said.

Lia

Leaving her sick husband at home, 29-year-old Lia usually begs on a pedestrian bridge on Jalan Sudirman. She brings her toddler with her, and her oldest child usually meets them after school.

"I have done this for the last two years, since my husband fell ill," she said. "We depended on him a lot back then." Lia said she usually made Rp 25,000 to Rp 30,000 a day.

She said that even though it had been two years, she still felt embarrassed when someone she knew saw her begging. Years ago, Lia left her hometown in Sumedang, West Java, to work as a housemaid in Bandung. The job didn't work out and she ended up in Jakarta selling noodles.

"Business was not really good and [the noodle seller] went bankrupt," she said. "Then I met my husband, who is 30 years older than me, and we got married."

Lia's husband never had a steady job but he did earn enough to feed their small family. "But now he's sick, I have to be the breadwinner as he can't walk properly anymore due to rheumatism," she said.

Lia knows about the bylaw on begging, but again says she has no choice.

"I got arrested once during a raid by public order officers," she said. "And it scares me every time I hear the sound from a loud speaker from a passing car down there. I know what I do is against the law. But tell me, what would you do if you were me?"

Governor shrugs off complaints over bylaw

Jakarta Post - September 5, 2009

Desy Nurhayati, Jakarta – Governor Fauzi Bowo said Friday that the administration should proceed with enforcing the 2007 Bylaw on Public Order because it had been passed by the City Council.

"We have taken note of the objections, but we must implement the bylaw because it is valid and has been approved by the council," Fauzi said.

"If people disagreed with the bylaw, why did they not protest earlier (before the bylaw came into effect)?," he told reporters at City Hall.

The controversial bylaw stipulates that anybody who gives alms to beggars in public places can face a maximum sentence of 60 days in prison or a maximum fine of Rp 20 million (US$2,000).

The administration considered this move a way to improve public order in the city and clampdown on rampant begging, much of which is believed to be organized and controlled by individuals who exploit the poor.

Several NGOs claimed the bylaw was a violation of human rights, as it infringed on an individual's right to choose where their money or possessions go.

On Monday, the city punished 12 people under the bylaw for giving money to beggars, administering them with on-the-spot fines of between Rp 20,000 and Rp 70,000.

The Urban Poor Consortium (UPC) said recently that the bylaw only created new problems instead of addressing public order issues in the capital, and should have been annulled from the outset.

Controversy surrounding the 2007 bylaw has emerged since vast numbers of seasonal beggars descended on the city for the holy month of Ramadan. During the fasting season, many Muslims consider Ramadan the best time to give alms to one another, with many preferring to give donations to beggars on the street instead.

The bylaw faced protest even during its drafting period, with a number of organizations declaring their objection to the measure, such as the National Commission of Human Rights, UPC and the Alliance for the Poor (ARM). The organizations claimed the bylaw denied the poor access to a better livelihood.

Aid & development

Indonesia to miss literacy goal

Jakarta Globe - September 7, 2009

Anita Rachman – The government is likely to fall short of its mark in efforts to reduce the illiteracy rate to 5 percent by the end of the year – and officials are blaming a lack of motivation among those who can't read and problems in reaching remote areas.

Ella Yulaelawati, the director of community education at the Ministry of National Education, said boosting literacy in the country was challenging because many of those who needed help lived in remote or isolated areas. She said it was also particularly difficult to teach people who were more than 45 years old.

"The problems are lack of motivation and physical barriers" in reaching the out-of-the-way areas, Ella said.

Hamid Muhammad, the director general of nontraditional education at the of Education Ministry, said the ministry projected that by end of this year the illiteracy rate would stand at about 5.3 percent, or around 8.3 million people.

"This number might change, as we are still waiting for official reports from each province, district and municipality that is running this program," Hamid said, adding that 76 percent of the illiterate people were 45 years or older, an age range that required a specialized teaching strategy.

For years, local organizations such as Prosperity Family Education (PKK), women's organizations at the district level, mosque councils and Christian institutions have provided intensive courses for illiterate people, particularly women.

The government is now adopting a program pioneered by the United Nations Educational, Scientific and Cultural Organization that not only tackles illiteracy, but also works "toward economic empowerment to develop the people's welfare."

"It's not only learning how to read, but includes entrepreneurship learning groups," Hamid said. "So we give them life skills first to empower them."

He said the illiteracy eradication efforts would focus on 142 districts with rates of more than 5 percent.

Unesco has set a target of increasing global literacy rates by 50 percent by 2015, but Indonesia set its sights on reducing illiteracy to 5 percent six years ahead of the Unesco schedule. Today, Indonesia plans to mark the 44th International Literacy Day with a ceremony in Cilegon, West Java.

Armed forces/defense

TNI, government not responsible for weaponry delivery

Jakarta Post - September 1, 2009

Jakarta – The Indonesia Military (TNI) says the export of weaponry to the Philippines has been done in accordance with procedural administrative requirements.

"The Defense Ministry is responsible for the procurement of the weaponry and the TNI is responsible for the issuing of a clearance," TNI Supreme Commander Gen. Djoko Santoso said during a meeting with the House of Representatives Commission I on defense in Jakarta on Monday.

"The TNI looked to see whether all of the necessary procedures and mechanisms had been fulfilled by the Defense Ministry. Everything was in compliance with the rules, so we issued a clearance. Once the weapons arrived at the destination country, the responsibility was theirs and no longer in the hands of the Indonesian government and military," he added.

The Philippine Customs recently confiscated weapons manufactured by the country's state weapon maker, PT Pindad in Bandung, on board the MV Capt. Ufuk, which was moored at Mariveles Port on Bataan Peninsula's southern tip.

The vessel was carrying 10 P-2 handguns for the Philippines and 100 SS1-V1 assault rifles for Mali. Philippine authorities alleged that the firearms and ammunition were destined for terrorist groups and criminal organizations in Asia and Africa.

Defense Minister Juwono Sudarsono said, after a meeting with President Susilo Bambang Yudhoyono at the State Palace on Monday, that PT Pindad had done nothing wrong and all of the administrative requirements had been complied with.

"The procurement through Pindad was authorized according to administrative documents and customs and excise documents. The only issue the Philippine police are investigating is why the vessel [carrying military weapons] had to moor elsewhere before sailing to Manila," he told reporters.

In a later meeting with the House, Juwono said there was a finding suggesting that not all of the weapons had arrived at their destination point.

"The total number of weapons sent was 110 firearms to the Philippines and Mali. However, recent facts show that before reaching their destination point, some of the SS1 assault rifles had been unloaded somewhere else. This is currently under the investigation of the Philippine police," he said.

Juwono said PT Pindad's responsibility stopped once it had delivered the weapons to Tanjung Priok Port in Jakarta. "The delivery was done by PT Internusa in Bandung. From the port and on, responsibility for the weapons fell on the buyer and its appointed shipping company, PT Tirta Samudera Taraka," he said.

Nationalism & chauvinism

Calls for 'war' in Indonesia-Malaysia dance spat

Agence France Presse - September 5, 2009

Aubrey Belford, Jakarta – Simmering anger in Indonesia over Malaysia's "theft" of a traditional dance is spurring unlikely calls for war in the latest spat between the two traditionally testy neighbours.

The dispute started in Indonesia in August after word spread Malaysia had screened tourism advertisements featuring the traditional "pendet" dance of Indonesia's Hindu-majority Bali island.

The ad quickly turned out to have been a botched promotion for a Discovery Channel programme on Malaysia, with no role played whatsoever by Malaysia's government, but that has done little to dampen feelings here.

Protesters vowing to "crush Malaysia" have burned Malaysian flags and thrown rotten eggs at the country's embassy, while local media have for weeks run a steady stream of reports of Malaysian outrages, most of them recycled.

Many media have also studiously ignored an admission of guilt and apology from Discovery.

Nationalists – as they do in nearly every one of the two countries' frequent disputes – have already opened registration for volunteers willing to go to war with Malaysia, but admit this is largely a symbolic gesture.

"Malaysia has, in so many ways, robbed, stolen from and insulted Indonesia... we're offended as a people. We're angry, we're disappointed, we're upset," Mustar Bonaventura, the coordinator of a Jakarta recruitment drive by nationalist youth group Bendera told AFP.

"We have 486 volunteers who have signed up and they are ready for any consequences... All that's left for us with Malaysia is war," he said.

Bonaventura conceded war was very unlikely, but said the group had stockpiled food, medicine and weapons including samurai swords and ninja throwing stars, just in case.

Indonesian politicians have also voiced their displeasure to Malaysia over the controversy, and received apologies in return, but the issue has refused to die down.

For Bonaventura and others, the pendet dance controversy is only the latest in a string of perceived insults by Indonesia's wealthier and more developed neighbour.

Stories of horrific mistreatment of Indonesian migrant workers by their Malaysian bosses have for years raised public anger, as have territorial disputes over islands and the two nations' shared maritime boundaries.

Indonesian nationalists have also claimed in recent weeks that Malaysia's national anthem plagiarised an Indonesian song, but have been dealt a blow by musicologists who say both borrow from a 19th-century French tune.

A 2007 dispute over the use of "Rasa Sayange", a folk song that originated in Indonesia's Maluku islands, in a Malaysian tourism ad also has more than a whiff of familiarity with the current dispute.

According to political analyst Wimar Witoelar, the current spat draws on a long history of resentment that has built up between Indonesia and Malaysia despite largely similar languages and cultures.

Witoelar said the roots lie mainly in the early 1960s, when charismatic former President Sukarno whipped Indonesia into a fervour in a campaign of "konfrontasi", or armed confrontation aimed at destabilising the newly created Federation of Malaysia.

"The basic resentment that Sukarno encouraged did not go away easily. It was just submerged, so it become significant when it turned out Malaysia became more successful, especially economically," he said.

Spats over culture and tourism are part of this built-up resentment, Witoelar said.

Despite 17,000 tropical islands, beaches, reefs and a rich cultural heritage, just over six million foreign tourists visited Indonesia last year, compared with around 22 million visitors to Malaysia.

Provoked by a sensationalist media, this is just another issue of hurt pride that can incite people "deprived of common sense, deprived of intelligence, deprived of understanding," he said.

Students throw rotten eggs at Malaysian Embassy in Jakarta

Jakarta Globe - September 1, 2009

After a mass hacking attack on more than 120 Malaysian Web sites, dozens of students ambushed the Malaysian Embassy in Jakarta on Tuesday and pelted it with rotten eggs.

The rally outside the embassy at Jalan Rasuna Said, South Jakarta, was heavily guarded by police, but no demonstrators were stopped or arrested.

However, police intervened when a student tried to climb the embassy gate to erect an Indonesian flag. The police and the student were involved in a tug-of-war trying to get hold of the flag, but police finally relented and the student flew the flag from the embassy gate.

A demonstrator told Metro TV that the rally was a symbolic act to demand that the Indonesian government break diplomatic ties with Malaysia and evict the Malaysian Ambassador from Indonesia.

The already heated relationship between the neighboring countries reached a new tensions last week after an allegation that Malaysian's national anthem, Negaraku, was a copy from an Indonesian song titled Terang Bulan.

Allegations that a Balinese dance had been used to promote a television show about Malaysia also irked Indonesians, though it was revealed soon afterward that no Malaysian government agency had a role in making the advertisement.

The two countries have been embroiled in a string of spats over alleged misappropriation of cultural icons, reports of migrant worker abuse and territorial disputes.

Analysis & opinion

The Munir history test: Unfinished business of justice

Jakarta Post - September 7, 2009

Usman Hamid and Paul Barber, Yogyakarta/London – In October 1999, the International Commission of Jurists (ICJ) published a report, Ruler's Law, that described how Indonesia's first two presidents – Sukarno and Soeharto – created an environment in which the country's constitutional and legal norms were "allied closely with the authority of the Presidency and the authoritarian character of the prevailing political order".

The abuse of power "created the preconditions for the establishment of an absolutist State in which the rule of law, judicial independence and human rights have been frequently disregarded," said the ICJ.

In the short period of Indonesia's history since the downfall of Soeharto in 1998, the country has made significant progress in its transition to democracy. But questions remain about whether the rule of law is still being used for the benefit of those in power or whether it is now being administered according to democratic principles on behalf of the population in general.

Four years ago, President Susilo Bambang Yudhoyono set a useful benchmark for the transition when he stated that the resolution of the murder of Indonesia's foremost human rights defender, Munir, would be a "a test of our history".

Today is the fifth anniversary of Munir's tragic death. It is time to consider whether the Yudhoyono administration has passed the test.

The rule of law is an essential component of a modern democratic society in which people can be certain of their rights and their entitlement to justice. It is maintained by independent judicial institutions and is the means by which the government and its agents are held to account for the way in which they exercise their duties and responsibilities.

The rule of law is built on norms set out in the Constitution, laws and regulations. The Constitution establishes human rights values for the people and state institutions. Laws and regulations interpret and implement the Constitution. But they are not enough on their own. Political support, legal education and capacity building are required to ensure respect for the rule of law.

Political support does not mean political intervention. It involves a commitment to building a fair and equitable legal system that reflects the needs of the people and victims for justice. It can be meaningless without judicial institutions that have adequate capacity and competence, especially in an emerging democracy such as Indonesia.

In putting forward the Munir murder as a test case, the President appears to have reckoned without the unchecked power of the State Intelligence Agency (BIN) to obstruct justice.

Munir was a courageous campaigner against military impunity. He succeeded in revealing the extent and nature of political violence practiced by the State, especially in relation to the disappearances of pro-democracy students in the 1997-1998 period before Soeharto's downfall. His efforts resulted in the dismissal of a number of high-ranking military personnel and generals.

On Sept. 7, 2004, Munir was fatally poisoned during a flight to the Netherlands on his way to take up studies for a human rights masters program at Utrecht University. Early in his administration, in 2005, President Yudhoyono formed a Fact Finding Team to investigate the murder. Its report pointed the finger of suspicion at BIN.

Subsequent investigations were carried out by the Indonesian Police and the Attorney General's office. They eventually resulted in the trial of Muchdi Purwopranjono, a former senior Deputy of BIN and former commander of the army's special forces (Kopassus), the unit responsible for the 1997-1998 student disappearances.

On Dec. 31, 2008, however, Muchdi was acquitted by the South Jakarta District Court of all charges relating to Munir's murder. The acquittal was upheld by the Supreme Court in June 2009.

The Munir case goes to the heart of Indonesia's commitment to the rule of law. It concerns the security of human rights defenders who are vital to the protection of fundamental rights integral to any system of justice. The failure of the legal system to hold anyone in authority to account for the murder demonstrates that impunity is still alive and well in Indonesia today.

The Action Committee in Solidarity with Munir (KASUM) questioned the credibility, independence and objectivity of the court. In a report submitted to the UN Rapporteur on Human Rights Defenders, it said the Muchdi acquittal indicated that the Indonesian justice system is not yet able to effectively prosecute senior officials with powerful connections, due to weak prosecution capacity and witness intimidation.

KASUM identified crucial problems with the failure of the police to gather vital evidence, and the failure of the Attorney General's Office and prosecution to bring key witnesses before the court to respond to the withdrawal of testimony that could have proved Muchdi's involvement in the murder.

It was particularly critical of the judges for not properly considering the nature of the conspiracy involved in the murder, for not requiring witnesses to attend court, and for not recommending the prosecution of those suspected of false testimony. It cast doubt on the judges' findings concerning evidence of telephone communications between Muchdi and Pollycarpus Budihari Priyanto, the person convicted of administering the fatal dose of arsenic to Munir.

President Yudhoyono was also blamed for not ordering BIN to cooperate with his Fact-Finding Team and for not doing more to ensure that BIN agents and officers testified at the trial. The witness with the most incriminating testimony failed to appear because he was on a government assignment in Afghanistan at the time. He could easily have been recalled. All this indicates a broader lack of civilian oversight of BIN.

Muchdi himself, was not slow to use the law to intimidate his accusers. Following his trial he announced that he would file criminal defamation suits against four human rights defenders who testified against him, including Suciwati, Munir's widow, and the writer Usman Hamid, the current head of the organization founded by Munir, Kontras.

On the evidence of this exemplary case, Indonesia has clearly failed this test of history. The consolidation of democracy requires greater political commitment to the rule of law and stronger institutions capable of administering justice fairly and effectively. Otherwise the system will continue to resemble the "Ruler's Law" regime that prevailed during the Soeharto era.

President Yudhoyono has another chance to take the test during his second term starting next month. Without interfering in the judicial process he should ensure a continued investigation into the Munir case until those responsible for this heinous crime at the highest level are brought to justice. For the sake of Munir and his fellow victims of state violence and abuse, we must hope for a successful outcome this time.

[Usman Hamid is Coordinator of KontraS and Paul Barber is Coordinator of the UK-based NGO TAPOL.]

Bank Century: Will Indonesia's top officials survive the fallout?

Jakarta Globe - September 6, 2009

Janeman Latul & Muhammad Al Azhari – Economic and political analysts said over the weekend that the Rp 6.7 trillion ($663.3 million) Bank Century bailout controversy would not generate enough political steam to put serious pressure on two of the country's most senior officials – Vice President-elect Boediono, the former Bank Indonesia governor, and reform icon Sri Mulyani Indrawati, the finance minister and acting chief economics minister.

"I don't think the case is strong enough to have them removed from office. This Century fiasco has been hijacked by a number of political interest groups to attack their track records," said Adrinof Chaniago, a political analyst at the University of Indonesia.

"It is definitely the central bank's mess if we look into the case closely. That means that Boediono is the one who is primarily responsible, but he won't go down unless they find he did something illegal," he said. "I think that some of the central bank's management will be forced to step aside because of this, but Boediono will remain untouchable."

Poerbaya Yudi Sadewa, an economist at the state-owned Danareksa Institute think tank, said the market's perceptions of Sri Mulyani and Boediono as reformers remained unchanged, despite the Century imbroglio.

"It's hard to blame them for what they did as the economic crisis was then at its height," he said. "Century's failure could have posed a big threat to our financial system, even though the bank's problems were mainly caused by the bank's owner."

He agreed with Adrinof that the fiasco would have little chance of seeing Sri Mulyani or Boediono kicked out of office, although he added that the findings of the Supreme Audit Agency (BPK) would have to be published before it became clear what really happened.

"Silence on the part of both Boediono and Sri Mulyani is a good tactic to keep the markets calm," he added.

Lawmakers and pressure groups have ratcheted up criticism of the roles played by Boediono, who was BI governor when the bailout took place in November 2008, and Sri Mulyani, who was finance minister. It is alleged that huge amounts of taxpayer funds were spent to save big depositors with the bank, including one of the country's biggest business families, the Sampoernas, state-owned tin miner PT Timah, and state pension fund PT Jamsostek.

Natsir Mansyur, a lawmaker from the Golkar Party and a member of House Commission XI, which oversees the financial sector, urged President Susilo Bambang Yudhoyono on Sunday to suspend Sri Mulyani as finance minister and chairwoman of the Financial System Stability Committee (KSSK), arguing that she was ultimately responsible for the affair.

Andi Rachmat, a legislator from the Prosperous Justice Party (PKS), said the House was seeking a Supreme Court clarification as to whether the bailout was legal, although the government has repeatedly stated that it was entirely legal under the Indonesia Deposit Insurance Corporation Law. "We are going to seek the Supreme Court's opinion on this," he said.

Meanwhile, Danang Widoyoko, the chairman of Indonesia Corruption Watch, insisted on Saturday that the bailout had primarily benefited large-scale depositors. "Big depositors withdrew Rp 5.6 trillion from the bank between December 2008 and July of this year," Danang said. "They're the ones who took advantage of the situation."

Iman Sugema, an economist at the Institute for Development of Economics and Finance (Indef), blamed the controversy on Bank Indonesia's failure to take robust action, rather than endemic weaknesses in the supervisory system.

"The bank had problems since 2003 but no firm action was taken by the regulators," he said. "They claimed the bank was too important to fail, but this is only a small bank. Its assets only account for about 0.05 percent of all the assets in the banking system."

Holy rants in the holy month

Jakarta Post - September 6, 2009

Kartika Jahja – Marhaban ya Ramadan. Welcome oh Ramadan. The holy month to abstain from our worldly desires. The blessed month to purify our souls. And how has your Ramadan been dear readers? How much 'buka puasa' slash reunion slash dinner parties at overpriced restaurants have you attended? How many requests for forgiveness did you receive by email, SMS or through Facebook in the first days of your holy month? More than last year? Great.

It shows that you are gaining more importance in society. And boy, some of those messages were pretty poetic, weren't they? Who would have thought that what's-her-name in accounting and that sales guy who talks too loud had such a knack for religious poetry. Or did you assume that, like yourself, they just copied and pasted the beautifully written words from someone else who copied it from someone else who copied it from someone else?

It's so practical these days isn't it? Ctrl + C, Ctrl + V, hit 'Send to All' and voila, all the wrongdoings you've ever done to everyone you know is forgiven. You're pure as a newborn. But oops you accidentally sent the message to your crazy ex whom you've sworn a lifetime grudge against. You never really wanted to apologize to her nor would you accept her apology, but her number was in your phone's address book and the message was automatically sent to her. Oh well, whatever.

Speaking of phones, have you changed your ring tone from Lady Gaga to a recorded Adzan? Have you subscribed to the Islamic content provided by your mobile phone provider? Religion is the new black this month, you know. All you have to do is type Reg space... oh I can't remember.

Don't worry, religion is advertised so much on television you cannot possibly miss it. Commercials promoting the holy month usually play side by side with the noodle ad starring your favorite actress. Instead of the girl wearing a mini dress and blowing you a kiss, there is instead a girl in a hijab wishing you a happy holy month. Still cute though. Makes that instant noodle she's endorsing looks even more appetizing. On your way home from work, don't forget to stop by the mall to buy that very brand of instant noodles, and those tantalizing sweets, those scrumptious hot foods, mouth watering es campur, oh heck they all look so yummy, why not buy everything.

After that, go up to the fashion section to get yourself a brand new Muslim outfit to wear to the taraweh prayers hosted by your boss and his family at their lovely home.

You don't want to miss it. His wife will prepare extravagant meals and invite orphans to the event. Yes, real orphans from a real orphanage. Of course you don't really need to socialize with the orphans – that's not what they're there for. Having them around just adds a kindhearted touch to the evening. Afterwards they'll be given gifts – candy, crayons, a new prayer matt. Then they will return to the orphanage and do whatever it is that orphans do. Throw firecrackers at cars, smoke cigarettes behind the mosque, things of that sort.

Now if you've done everything I listed above, allow me to congratulate you with a pat in the back, because that means you have truly celebrated Ramadan, Jakarta style.

Okay I'll stop with the sarcasm. I know it doesn't really go with the spirit of Ramadan. It's just that Jakarta is such a hard place to try to be spiritual and at peace even during the holy month. They say that throughout Ramadan, angels fly down from heaven to sanctify us. Demons are kept away from us and locked behind the gates of hell. But I guess hell has opened a franchise in Jakarta, because here demons seem to roam free just like any other day, including the cynical grumpy demon that lives in me.

But believe it or not, there was a time when I truly embraced Ramadan with an untainted spirit. You see, before I turned into the sharp-tongued, know-it-all that I am today, I was just an ordinary jolly little girl. And jolly little me once had a sweet little book called 'Belajar Puasa' (Learning to Fast). It provided me with my first basic understanding of Ramadan and its essence.

In simple words and adorable illustrations, the book explained why Muslims are obligated to fast during the month of Ramadan, taught the importance of giving and selflessness. But what I remembered most about the book was the list of things that we must refrain from during the holy month: "Aside from eating and drinking from sun up to sun down, we must not lie, cheat, fight, gossip or use foul language," read the book. Eager to practice my fasting to the fullest, I carried with me a list of all the things I could not do for the whole month, and I would check it every time I let slip a lie or spoke about a friend behind their back.

Reminiscing back on those times, I ask myself, what has changed? How come being spiritual was much easier when I was a child than it is now that I'm all grown up? Well, part of it was because the younger me didn't care about the way other people chose to practice their fasting rituals. The little me was too busy trying to get her own fasting right, and didn't have time to get dragged down every time she saw exploitation carried out in the name of the holy month.

Honestly, I really miss that feeling. And to feel that way again, the first step is to focus on my own spirituality, my own faith, and my own actions. I guess it's true that demons are locked away during the month of Ramadan. But it turns out that we are the ones holding the key. It's our own choices that determine whether they will remain locked up, or set fee.

– holy thank you to Reza for lending me the title for this piece

Terrorism takes on democracy in Indonesia

Asia Times - September 4, 2009

Patrick Guntensperger, Jakarta – If the purpose of the recent terrorist attacks in Indonesia was to undermine democracy and rattle investor confidence, the July bombings of the luxury JW Marriott and Ritz Carlton hotels present hard choices for freshly re-elected President Susilo Bambang Yudhoyono. How his new government responds to the heightened threat perception will go a long way in determining his reform legacy.

In his first term, Yudhoyono won international plaudits for his pursuit and prosecution of terror suspects. Hundreds of suspected Islamic militants were rounded up and his government oversaw the high-profile execution of the three principal planners of the 2002 Bali bombings that killed more than 200 people, mainly foreign tourists. That marked a stark contrast to his predecessor, Megawati Sukarnoputri, who alienated both the United States and Australia due to her inaction in combating terrorism.

On the other hand, Yudhoyono has been criticized for commuting the already brief sentence of Abu Bakar Bashir, the alleged spiritual leader of the Jemaah Islamiyah terrorist group, which envisions the creation of an Islamic caliphate across majority Muslim territories in Southeast Asia. His critics have also pointed to his unwillingness to root out terrorist indoctrination in Islamic schools, likely out of political concerns he may be portrayed by his politically opponents as an insufficiently staunch Muslim.

In the immediate aftermath of the July hotel blasts, which killed nine people, maimed at least 30 and coincided with a regular meeting of foreign business executives, Yudhoyono made a cryptic speech suggesting the bombs were politically motivated and that he was a primary target of the attack. Some interpreted his oblique comments as suggesting that his political opponents were somehow involved.

The subsequent seizure of a 500-kilogram cache of explosives, allegedly intended to be packed into a van and detonated in front of the presidential residence, has raised the possibility of more terrorist attacks. Meanwhile, Indonesian police and intelligence units are still searching for Noordin Mohamad Top, the fugitive bomb-maker thought to be the mastermind behind the July bombings and other terrorist attacks in Indonesia.

The four-year lull in terror attacks, which had previously targeted the Australian embassy, the stock exchange, the JW Marriott, and several tourist haunts on the resort island of Bali, had convinced many Indonesia watchers that Top, and by association Jemaah Islamiyah, had either changed tactics or been effectively uprooted by arrests and other counter-terrorism operations.

But the inability of security forces to apprehend Top, who may have escaped a prolonged siege at a safe house in Bogor that resulted in the deaths of three of his associates who allegedly plotted to bomb the presidential residence, raised new questions about Yudhoyono's terror-fighting credentials.

As the manhunt for Top hits one dead end after another, Yudhoyono's top security personnel have floated some controversial ideas for improving their terror-fighting capabilities, ones that if fully implemented would have serious implications for Indonesia's burgeoning democracy. For example, police recently announced that they would begin to monitor sermons delivered by certain Muslim clerics in an effort to identify any incitement to hatred or violence in the name of religion.

Police later backtracked on the announcement after a backlash from religious groups and people arguing for freedom of expression, and they denied that security officials had already instituted the surveillance scheme. However, according to reports, police in Batam, an island near Singapore, have already started watching over sermons as part of stepped-up security measures during the holy month of Ramadan.

More controversial was the announcement by Inspector General Ansyaad Mbai, head of the government's anti-terrorism desk, that he would seek legal power to increase from five days to two years the length of time for which suspected terrorists could be detained without charge.

When the Commission for Missing Persons and Victims of Violence and the Indonesian human-rights monitor, Imparsial, raised objections, Mbai said that he had only expressed his personal views and that his comments were not reflective of any government policy initiative. Although these anti-terrorism trial balloons were apparently floated without official sanction from the presidential palace, they simultaneously indicate that some of Yudhoyono's top counter-terrorism officials want tougher tools to fight back against terrorist threats.

At the same time, the immediate and vocal outcry against the proposed measures demonstrates the exceptional democratic progress Indonesia has made since the fall over a decade ago of former dictator Suharto's authoritarian regime. Many are still acutely aware that as many as a million Indonesians died in Suharto's anti-communism purges and instinctively cringe at suggestions that security personnel be given additional powers or special authority.

While a military approach to hunting terrorists might be more effective than sleuthing police work, proposed tougher anti- terror measures, including the suspension of habeas corpus, raise images among many Indonesians of the Suharto era's worst abuses, as well as the excesses and torture perpetuated by US forces against Muslim terror suspects at Abu Ghraib in Iraq and Guantanamo Bay in Cuba.

After delivering him two overwhelming electoral mandates, Indonesians are clearly looking to Yudhoyono, despite his history as a Suharto-era soldier, to entrench more deeply democratic policies and institutions. Whether the moderate Yudhoyono can maintain that momentum in the face of a revived terrorist threat and pressure from his security forces to curb certain civil liberties in the name of national security will be a key test of his second term.

How Yudhoyono finesses the balance between those competing demands will largely define the next phase of Indonesia's political transition, including his legacy as a democratic reformer or backtracker.

[Patrick Guntensperger is a Jakarta-based journalist and teacher of journalism. His blog can be found at http://pagun- view.blogspot.com.]

The return of the old guard?

Jakarta Post Editorial - September 3, 2009

It is difficult not to be suspicious of the latest political maneuvers made by the heirs of the late former president Soeharto.

Their intention to run for the top post of the Golkar Party - spearheaded by Soeharto's eldest daughter, Siti Hardijanti "Tutut" Rukmana, and youngest son, Hutomo "Tommy" Mandala Putra - has added flavor to the leadership race in the country's one-time largest party.

But do their maneuvers portend anything serious? Will it signal the return of the old guard to the country's political arena?

Such an anxiety is understandable because there has been an increasing concern over the return of old repressive practices – directly linked in many people's minds to the guided and heavily controlled governance system of Soeharto's New Order government.

Perhaps it is too early and speculative to say that the Soeharto clan's planned return to active politics coincides with a number of measures, initiated by the government, to limit the freedom of expression and the movement of people, following the recent and unresolved bombings of two Jakarta luxury hotels, the JW Marriott and the Ritz-Carlton.

But many rights activists have expressed fear that such measures will bring the nation back to the repressive era of the New Order administration.

Apart from those concerns, however, it is indeed the guaranteed right of everyone – man or woman, young or old, rich or poor, noble or ex-convict – to become whatever they aspire to be, including to run for a party's top leadership. And legally speaking, there should not be any obstacles for anyone, including the children of the country's ex-dictator, wishing to run for Golkar's top post, because the existing laws and regulations do not prohibit ones from running into political offices, but those serving their jail terms.

With Tommy eventually tendering his withdrawal Wednesday from the Golkar leadership race, the Soeharto clan now rests on Tutut as its sole representative in the race. There was no official explanation for Tommy's withdrawal from the race, as it was only mentioned that he considered himself unqualified for the party's top post.

To many, Tutut has a better rapport and qualifications than Tommy. Not only did she once serve on Golkar's executive board – one of the prerequisites for one to run for Golkar chairmanship, something that Tommy cannot boast – but she also has a cleaner record than Tommy: Tommy was convicted in July 2002 for ordering the murder of judge Syafiuddin Kartasasmita in July 2001. He was released in October 2006.

The only problem for Tutut is perhaps her chameleon-like character. Even as she eyes Golkar's top post, she is still currently registered as a member of the Concern for the Nation Functional Party (PKPB), a party established by a group of loyal supporters of Soeharto in 2002. Tutut was once a deputy to the Golkar chairman during her father's presidency, but jumped ship to the PKPB following Soeharto's downfall in May 1998 and the subsequent purge of ABRI (Armed Forces) and civil servants from Golkar's ranks in the same year.

Now that a representative of the New Order era has signaled a return to active politics, it is up to Golkar's members and supporters to decide who they will vote for as their new leader in the party's Congress next month. The best advice remains caveat emptor – let the buyer beware.