Tom Allard, Jakarta – Resplendent in star-spangled racing strides, Ariel – with a toothy grin – has the children enthralled as he takes his motorcycle for a spin, accelerating past them and chucking a wheelie.

Up and down the street, faster each time, the cheers and laughter grow louder and he builds for the grand finale.

He turns one final time and approaches at speed before sliding to a spectacular halt in front of them, rolling off his bike, closing his eyes and sticking his tongue out theatrically as he feigns an unfortunate demise.

Ariel, all 45 centimetres of him, is a "topeng monyet" – a performing macaque who regularly comes by my neighbourhood with his handler and a musical troupe who bang on drums and chimes as he does his tricks.

Topeng monyets, literally masked monkeys, are a regular sight on Jakarta's streets.

They converge around popular tourist spots, travel through the villages and, when traffic banks up in afternoon gridlocks, they line the road to entertain frustrated commuters.

They play guitars, dress up in drag and mime to songs; they don military camouflage and creep around on all fours before jumping up to fire little wooden weapons. A popular trick is for them to insert their heads into that of a baby doll and dance – an unnervingly creepy practice.

They smoke, they mince with a handbag and umbrella as they head to market, play with snakes, throw out a fishing line or pull a miniature rickshaw. The variations are endless and widely enjoyed across Indonesia.

The monkeys are chained as they perform, yanked this way and that. I have always had a sense of unease as I watched the shows. Even so, I regard them as a traditional Indonesian pastime to be more or less respected.

One day I asked Wawan, Ariel's handler, how he trained the monkey. "Oh, I hit him with this," he said, pulling out a plank of wood. "I make the monkey scared of me."

I guess I shouldn't have been surprised by his frank admission, but further investigation revealed just how appalling the lives of the little macaques are.

Macaques are the only primates in Indonesia that have no status under its animal protection laws, poorly enforced as they are. They are hunted, captured and traded at will, and can be bought for as little as 60,000 rupiah ($8) at markets.

The handlers buy them when they are babies, usually about a month old. Their sharpest teeth are usually removed before the training begins. Food is denied, and then used as a reward when a command is followed or a trick performed. The monkeys are caged at night, and kept in a small wooden box when transported.

Topeng monyet shows have existed since the 1960s, introduced in the villages of Java by starving people looking for a livelihood during this unsettled time in Indonesian history.

These days, it is typical for a businessman to own 30 or 40 of them, and farm them out to young men who come to Jakarta looking for work. Transport and meal costs are looked after, but the bulk of the small change that is given at the end of the shows goes back to the owner.

"Basically, the macaques are beaten and starved," says Karmele Llano Sanchez, a primate expert from the Indonesian office of International Animal Rescue. "These are very intelligent primates, that's why they are so good at performing tricks.

"They are also very social creatures – but when they are used as topeng monyet, they are taken away from that social environment."

That means they become loyal to their handler, but are developmentally disturbed and become hostile as they grow older.

"They are only used as juveniles. By the time they are about four or five, they are too dangerous. They are no longer useful. So they kill them or dump them."

A macaque in the wild usually lives to about 30, Mr Sanchez said. It all bodes ill for Ariel. He is four already.

Motorcycle mudik popular because of money, status and freedom

Jakarta Globe - September 15, 2009

Kinanti Pinta Karana – Despite the safety perils of traveling long distances on motorbikes, many people returning to their hometowns from Indonesia's big cities this weekend for the annual 'mudik' exodus will shun buses and trains in favor of the two- wheeled people mover.

Bambang Susantono, the chairman of Indonesian Transportation Community (MTI), said on Tuesday that there were four main reasons why people prefer to travel by motorbikes when they return home to celebrate the Idul Fitri holiday at the end of Ramadan.

"The money bikers spend for gas is 40 to 50 percent cheaper than the cost of bus ticket," Bambang said. Secondly, traveling by motorbike is more flexible because bikers can decide when or where they will stop to rest. "If they travel by bus or train, they have to follow the schedule," he said.

A cultural factor is also at play. "People who work in big cities like Jakarta want to show their friends and family back home that they have made it and a motorbike is seen as a symbol of success," he said.

In small towns or villages, public transportation is scarce, and people who want to visit their friends and family around town need transportation, Bambang said.

The MTI have called on the police to be firm on law enforcement over the holiday season.

"Anyone who violates traffic regulation must be punished according to the law," Bambang said. "It will be a shock therapy and a lesson for other drivers." He added that tolerating traffic violations would only increase the risk of accidents.

"Everyone has to realize that once you are on the road, you are affecting other people's safety, so please drive safely," he said.

Aceh

More support raised for review of Aceh stoning bylaw

Jakarta Post - September 19, 2009

Hotli Simanjuntak, Banda Aceh – More woman's groups in Aceh are calling for a review of the new bylaw which allows capital punishment by stoning for adulterers, though the local government has already refused to sign it.

"The best way would be to request a judicial review" at the Supreme Court, said Puspa Dewi of the Women's Solidarity organization here. "We will also lobby the new lawmakers," she said of the new members of the legislative council who will take office on Oct. 1.

Outgoing lawmakers had passed on Monday the controversial Islamic criminal code which applies to both Muslims and non Muslims, saying it refers to the national criminal code which does not differentiate citizens.

Unlike the national criminal code the jinayat, as the new bylaw is called, does not refer to crimes such as murder and corruption, drawing protests of preoccupation with moralistic, private affairs.

According to the Aceh governance law, in 30 days laws passed by its legislative council will be effective regardless of the government's endorsement.

Sri Mulyani, an activist here, said Friday that a polling should be held before the jinayat was fully implemented.

"The Acehnese have always been Islamic; they don't need to be pushed into the sharia, more so through the stoning penalty," she said. She adding that women in Aceh were used to wearing headscarves since they were young, without any regulation to the effect

On Monday Aceh's Commission of Human Rights had said it would file a review of the new bylaw at the Supreme Court. The central government is also filing a review to the Supreme Court and the local government's representatives have voiced objection.

Lawmakers say they have accomodated all interests across Aceh, while activists say there was little publication and public involvement regarding the bill.

Aceh is the only province in the country formally allowed to issue sharia-based legislation. The new bylaw prompted the National Commission on Violence Against Women to call for a review of the Aceh governance law itself which justifies the issuance of such legislation.

Following the 2004 earthquake and tsunami, and after decades of war, Mulyani said, Aceh still needs the help of the international community, but she said the bylaw would only "isolate" Aceh.

A vendor called Aisyah said the jinayat was needed in Aceh, but she disagreed with the stoning penalty. "Aceh is refered to as the region based on the sharia, but indecent acts, gambling and other legal violations are still rampant; so a firm hand is needed," Aisyah said.

However many are still too ignorant of the sharia to warrant a penalty such as stoning, she said.

Jamil, a military veteran, was among those supportive of the bylaw. "If Aceh is based on Islam, why fear such a penalty? If adulterers are not punished we would have lots of children born out of wedlock."

Lawmakers have said the conditions for the capital punishment for married adulterers is very strict, requiring four credible witnesses.

Aceh's shariah push may scare off investors

Reuters - September 18, 2009

Sunanda Creagh – Recent moves in the country, including plans by Aceh to stone adulterers to death, have raised concerns about its reputation as a beacon of moderate Islam.

The provincial assembly in Aceh – at the epicenter of the Indian Ocean tsunami that killed 170,000 people there nearly five years ago – this week decreed the ancient Islamic penalty of stoning to death for adultery. The decision could still be overturned once Aceh's new assembly is sworn in next month.

But many, including Aceh's governor, the central government and local businessmen, are concerned about the impact a broadcast public execution by stoning could have on the country's international reputation.

"The perception and the reaction from the international community would be condemnation," said Anton Gunawan, chief economist at Bank Danamon, who stressed he thought an actual stoning unlikely.

"For investors who are relatively familiar with Indonesia and know it is mostly moderate, it might not have an impact," he said. "But for people who don't know Indonesia, they will think, 'Oh, now I have to be careful of that place.'?"

The Aceh case is one of several showing how hard-line Muslim groups are influencing policy. Local governments, given wide latitude to enact laws under regional autonomy, have begun to mandate Shariah regulations, including dress codes for women.

One ethnic Chinese-Indonesian businessman, a practicing Christian who asked not to be quoted by name, said he feared if the trend continued it could lead to capital flight by the wealthy Chinese, a Christian minority.

"A lot of regional laws are going in that direction," he said. "It's alarming the way it's going. It's a minority who are doing this, but the problem is that the silent majority just keep silent."

Last year, the government imposed restrictions on Ahmadiyya, a minority Muslim cult, following intense lobbying by hard-line Muslim groups to have it banned.

President Susilo Bambang Yudhoyono's party also backed an antipornography law, which imposes restrictions on certain forms of dance, traditional dress and the depiction of nudity in art. The law was widely condemned by minority religious and ethnic groups, including the Balinese.

A new film law passed this month goes even further, prohibiting depictions of drug use, gambling and pornography, and requiring filmmakers to have their plots approved by the Minister of Culture and Tourism before production can begin.

"I think the Islamic parties will be a strong influence on the law-making of the next cabinet," said Suma Mihardja, who led a campaign against the antipornography law. "Tension could be directed toward xenophobia, racism or religious conflict as we see in Malaysia today."

Other legislation on the cards at the national level includes a bill making halal certification compulsory, instead of voluntary as is now the case. That would result in higher costs for many food and pharmaceuticals companies, domestic and foreign, said Suroso Natakusuma from the Indonesian Chamber of Commerce and Industry (Kadin).

"Every single item will need halal certification and an external audit process may follow," he said. "The auditor may need to be sent to the country where the product was made to check the process is halal. That means air tickets, hotels. This will mean a lot of extra costs."

The religiously-inspired laws seem to run against the wishes of the electorate. In the 2009 legislative elections, the overall vote for Islamic parties declined.

"People appear to be pandering to an audience that isn't really asking for anything," said James Bryson of HB Capital, which invests in Indonesian stocks. "The halal bill is not winning any votes and it's making an already complex system of certification even more expensive."

Said Abdullah of the secular Indonesian Democratic Party of Struggle (PDI-P) said many of these laws are becoming more conservative. "The government is trying to accommodate the Muslim community but they are actually not following our real Constitution."

Amnesty says Aceh's stoning law 'constitutes torture'

Jakarta Globe - September 18, 2009

Human rights watchdog Amnesty International has joined the chorus of condemnation against Aceh province's passing of a new Islamic law calling for adulterers to be stoned to death and homosexuality and premarital sex to be punished by lashes.

In a statement released on Thursday, the organization called for the law to be repealed immediately.

"The new criminal bylaw flies in the face of international human rights law as well as provisions of the Indonesian constitution," said Sam Zarifi, Amnesty International's Asia-Pacific director, in a statement.

"Stoning to death is particularly cruel and constitutes torture, which is absolutely forbidden under all circumstances in international law," he added.

The bylaw, locally called Qanun Jinayah, replaces elements of the Criminal Code with Shariah, or Islamic, law for Muslims.

The bylaw mandates that residents of Aceh could receive 100 lashes for engaging in sex out of wedlock, up to 400 lashes for child rape, 100 lashes for homosexual acts and 60 lashes for gambling. If found guilty, adulterers could be stoned to death.

"We welcome the concerns expressed by different levels of the Indonesian government about these laws," Zarifi said. "But the proof is in the doing, and as long as these laws stay on the books they pose a serious threat to Indonesia's international human rights obligations."

Some of these provisions, particularly punishment by caning, are not new in Aceh and already violate international human rights standards on cruel, inhuman and degrading treatment, the statement said.

Amnesty International urged Aceh's newly elected legislature, due to take office in October, to repeal the law as matter of urgent priority and called on the legislature to ensure all local regulations in Aceh fully conform with international human rights law and standards.

The Indonesian government should ensure that the decentralization process and regional autonomy does not come at the expense of human rights, the statement added.

Aceh government refuses to sign stoning bylaw

Jakarta Post - September 18, 2009

Hotli Simanjuntak, Banda Aceh – The Aceh provincial government will not sign the controversial Islamic bylaw allowing adulterers to be stoned to death, an official said.

Hamid Zein, the head of the legal bureau of the Aceh governor's office, said Thursday that the administration has firmly rejected the bylaw passed by the legislative council on Monday.

"As long as the executive and legislative bodies do not settle differences in the application of [capital punishment by] stoning, the Aceh government will not sign the bylaw," Hamid said.

In the deliberation he said government representatives had repeatedly stated objections to the inclusion of the stoning penalty for adulterers in the Islamic criminal code (jinayat). Aceh is the country's only province with special provisions allowing it to have Islamic sharia-based laws.

However, following initial endorsement of the bylaw, Home Minister Mardiyanto said the government would file a review to the Supreme Court, saying it was "detrimental" to Acehnese and would "frighten" visitors and investors, as well as possibly not respecting the [national] constitution.

His statement signaled the first time the central government had intervened in the issuance of rules and legislation by the Aceh administration and council.

The National Commission on Violence against Women has gone further, calling for a judicial review of the 2006 law on Aceh's governance that provided its authority to issue sharia-based laws, saying that the bylaw was contrary to human rights.

Governor Irwandi Yusuf on Thursday declined to comment. "The administration's stance is clear, it's better for me not to comment now," he said in a text message.

Earlier his deputy Muhammad Nazar among others said the government sought a "more educational" penalty than stoning.

Aceh's ulema said it was the government's obligation to sign the bylaw, or qanun. Faisal Ali, secretary general of the Aceh Association of Ulema (HUDA), said the bylaw was formulated by legal experts on Islam, and that there was nothing to fear from it.

Regarding the capital punishment by stoning for adulterers, both Muslim or non Muslim, he said the requirements were very strict.

"The implementation of the stoning penalty is not easy and needs four witnesses with strict requirements, such as being honest and proven to have a clean track record, he said. With consistent implementation of the criminal code, he said, there would be no need for the stoning penalty.

"If the government does not sign the bylaw there could be a backlash," Faisal said.

Besides, he said, the criminal code has already accommodated international conventions, such as those pertaining to the protection of women and children.

Among laws and conventions referred to as the basis of the bylaw is the Convention on the Elimination of all Forms of Discrimination against Women.

The bylaw's section on its rationale includes among other reasons public "euphoria", referring to at least 20 cases of "people's trials" since 1999, mainly regarding assault but including parading of unmarried couples caught together, or people caught gambling or consuming alcohol. One of the bylaw's purposes is to avoid such occurrences, the explanatory section says.

Deforestation threatens Acehnese tradition

Jakarta Post - September 18, 2009

Hotli Simanjuntak, Banda Aceh – Widespread deforestation in the Islamic province of Aceh is threatening some of its rich traditions, including one ancient custom practiced to celebrate the holy month of Ramadan.

Muslims in Aceh have been preparing Ie Bu Peudah porridge during Ramadan for generations as a way of bringing the community together during the fasting month, but a lack of spices as a result of deforestation is threaten the annual tradition.

"Long ago, almost all the villages in Aceh prepared the Ie Bu peudah porridge, but now less and less people carry out this traditional custom," Sukran, a resident of the Bung Bak Jok village in the Aceh Besar regency, said recently.

"Every member of the community is usually involved in the process of cooking the porridge, but due to the large number of younger people in the village, the elderly are normally not involved," said Sukran.

The village head of Bung Bak Jok, Abdul Muthalib, said the tradition of preparing the porridge and sitting down together to eat is unique to Ramadan. With everybody taking part in the cooking process, and coming together to break the fast in the evening, ties between the community are strengthened.

"Every member of the community is involved in some aspect of the process, from collecting the herbs and spices, to preparing the ingredients, to eating the final product," said Muthalib.

The porridge is handed out to villagers a few moments before the fast is broken, and children come with containers to take some porridge home to those who cannot make it themselves.

"Traditionally, the porridge would have been eaten to break the fast together at the village mosque. But now people have their own personal activities, so they take the porridge back to their own homes," Muthalib said.

Ie Bu Peudah literally means hot or spicy porridge. Its basic ingredients are rice and an assortment of spices believed to be capable of curing illnesses and assisting those carrying out their fasts.

"One of our beliefs from the days of our ancestors that breaking the fast with the porridge can revive the lost stamina during the fast," Sukran told The Jakarta Post.

The vast array of spices necessary for the recipe are sourced from around the forest areas around the villages.

Long before the arrival of Ramadan, villagers seek out the herbs and spices required for the recipe and allocate a particular plot in the local rice fields for the grain required for the porridge.

"Our village has a special rice field set aside so there is not shortage of rice for the porridge Ramadan. That way residents do not have to pay for rice during the holy month," said Muthalib.

However, Muthalib said he was concerned about the tradition surviving in the future, as several key spices required for the dish have become scarce in the region due to widespread logging, deforestation and unethical clearing practices.

Muthalib said his parents recipe for the porridge, which has been handed down for generations, required 44 varieties of plants to make a truly authentic Ie Bu Peudah porridge.

Of these herbs, today only a handful can be found in the jungle areas around the village. Muthalib said the plants were scarce or even extinct as a result of deforestation and the conversion of forest land for commercial purposes.

"Each plant has a specific purpose. They are believed to contain ingredients to cure various illnesses. Each plant has a different function for curing disease," said Muthalib.

Although no comprehensive studies on the properties of these herbs has been carried out, Muthalib said he had no doubts that the porridge was greatly beneficial to his health. If he misses the traditional meal in the evening, he said, something feels amiss.

"We will still have the Ie Bu Peudah porridge every Ramadan, but it will never be the same as that prepared by our ancestors long ago," said Muthalib.

Aceh conservatives leave their mark

Straits Times - September 16, 2009

Lynn Lee – A new law passed in Aceh to stone to death married people who commit adultery as well as whip homosexuals who have sex is being seen as a last-ditch move by conservative Islamic lawmakers to impose their preferences on society.

Almost a third of Aceh's provincial lawmakers now come from the Muslim-based United Development Party (PPP), Prosperous Justice Party (PKS) and National Mandate Party (PAN). They will finish their five-year term on Sept 30.

The lawmakers agreed on Monday that adultery and homosexuality – already considered mortal sins in this devout Muslim province – would carry harsher punishments. Rape, the consumption of alcohol and gambling would also carry higher penalties of up to 400 lashes of the whip.

This new law in Aceh has caused fears that it will inspire conservative Muslims elsewhere in Indonesia to push for syariah law on a national level.

Already, Aceh has been following some syariah rules since 2001. Headscarves for women are mandatory, and those convicted of drinking alcohol and gambling have been caned publicly.

The Indonesian government, which has always maintained that laws should stay secular even though 90 per cent of Indonesians are Muslim, allowed syariah law to take root in its westernmost province in the hope that it would quell separatist tension.

Ironically, the separatist rebels who spent over two decades till 2005 fighting for Acehnese independence from Indonesia never lobbied hard for it.

It was always the pet project of the conservative Islamic parties which have dominated Aceh's legislature because they have more hardline interpretations of the Quran.

Rights activists have condemned the law as cruel and degrading. It undermines the secular basis of Indonesia's law, National Commission on Human Rights head Ifdhal Kasim told Agence France- Presse, adding that the rights group was appealing to President Susilo Bambang Yudhoyono to review the legislation.

Even as most Acehnese do agree with syariah law, many activists in Aceh have denounced the new law as 'inhumane'.

Lukman Abba, who owns the Harian Aceh newspaper, explained to The Straits Times: "Of course we agree with syariah law. "We are all good Muslims and live according to guidelines in Islam. So formalising it like this makes no difference to us, and what is more, it is not in line with national law."

While a minority of Acehnese do support the new law, the bulk of its more than four million population voted against the political parties responsible in the April 9 legislative election.

They chose members of the Aceh Party – made up largely of former separatist rebels who support a moderate form of Islam – to run the province.

Aceh Party now accounts for a third, or 33, of the new 69-seat provincial Parliament. The PKS, PPP and PAN, which have 28 seats in the outgoing Parliament, will have only 12 seats in the new House. Lawmakers from the Democratic Party, Golkar and smaller secular parties make up the remainder.

Aceh resident Ayi Yufridar, 37, said lawmakers ignored the public's view when drafting the new law. "It was not discussed in mailing lists or public forums, and came as a surprise to us... many of us feel this law is just not applicable for Aceh."

Aceh stoning law 'acceptable and fair', say legal experts

Jakarta Globe - September 16, 2009

Ronna Nirmala – Although the passage of a local bylaw in staunchly Muslim Aceh that requires adulterers to be stoned to death has shocked many here and abroad, some experts on Wednesday said such a law was legally acceptable.

Rudi Satrio, a criminal law expert from the state University of Indonesia, viewed the punishment, regarded by many as barbaric, as being part of the diversity in legal sanctions and one that was particularly linked to Muslims.

The Qanun on Jinayat, or Local Bylaw on Crime, passed by the Aceh legislative on Monday, was acceptable and fair because the state recognizes Aceh's special status, reflected in its authority to include Islamic teachings in its everyday life and regulations, Rudi said.

"We must remember that Aceh is a 'special' region that has its own autonomy," he said. "This is a reflection of the heterogenity of Indonesian society, which has different religions. Each religion has its own rules and religious outlook and their implementation are different for each of them," he said.

Rudi said that the qanun containing the stoning provision must not only be seen as a reflection of the partial legal autonomy for the special region, but must also be viewed as part of the application of a religion.

Stoning has been part of the Islamic shariah that dates back to the times of Prophet Muhammad but the implementation of such a bylaw has to first meet stringent criteria, said Asmawi MA, who heads the Islamic Criminal Law and State Administration of Islamic Studies of the Syarif Hidayatullah State Islamic University.

"A law may apply if it is relevant in three aspects: sociologically, which means it is the demand of the people of Aceh; juridically, which means that Aceh as a special region has the legitimacy to make such a law; and philosophically, which means that it has roots in other laws, in this case Islamic criminal law."

The law in Aceh that condones punishment by stoning, has met all three points, he said, adding that therefore it was valid and applicable in that region only.

However, the public in general needed to understand the criteria that had to be met before such punishment can be meted out, Asmawi said.

"In Islam stoning has to follow a process, that is, in determining whether the punishment is justified, two processes that have to be undertaken. The first is determining the perpetrator and the second is that the charge should be substantiated by four eyewitnesses," he said.

Mahfud MD, head of the Constitutional Court, said the qanun could still be subject to a judicial review by his institution if a demand were made.

"The Constitutional Court clearly would not regard customary or religious law in an identical manner to national laws, although constitutionally, they are all laws," Mahfud said.

Mahfud also said that the Court needed to "learn more about what the basic foundation of that law was, before we could reach a verdict." But he warned that once a verdict was reached, it would be final. "Whatever the decision of the judges, it would have to be respected," he said.

Meanwhile, the Supreme Court also said that the public, both from Aceh or outside of Aceh could file a judicial review of the stoning law, its spokesman, Andri Tristianto, said.

"A judicial review can be sought if the public and legal analysts believe [the law] is against the Constitution," he said. "Those who are sentenced according to that particular law can apply for a judicial review to the Supreme Court."

'Review Aceh's authority' to enact bylaw

Jakarta Post - September 16, 2009

Erwida Maulia and Hotli Simanjuntak, Jakarta, Banda Aceh – The national rights body for women is calling for a judicial review of Aceh's Administrative Law, after the province's outgoing lawmakers passed a bylaw introducing stoning as the punishment for adultery.

The National Commission on Violence against Women demanded on Tuesday a review of the 2006 law on Aceh's administration, which gives local legislative bodies an exclusive right to implement sharia-based ordinances in the country's most northwestern province.

Kamala Chandrakirana, the commission's chairwoman, also urged President Susilo Bambang Yudhoyono to take "political action" to review "discriminative" bylaws in several regions across the country, as well as other policies she said were against the Constitution.

Aceh's legislative council passed on Monday the jinayat (Islamic criminal code) bylaw despite opposition from local rights groups and the Aceh administration.

Under the new ordinance, married Muslims and non-Muslims involved in adultery could be stoned 100 times or even to death, while unmarried adulterers may be caned up to 100 times.

Kamala said she regretted that Jakarta had let the Aceh legislative council endorse the bylaw, saying it should have rejected it when the council consulted the Home Ministry and the Supreme Court, a mandatory procedure for regions about to endorse an ordinance.

Meanwhile, Mahfud MD, chief of the Constitutional Court, visited Banda Aceh on Tuesday.

During his visits to a number of universities, Mahfud told reporters that while the Constitutional Court had no authority so far to rule on the bylaw itself, prosecutors could run into difficulties when enforcing the bylaw as the national criminal code also regulated extra-marital relations.

Aceh's new bylaw, which will come into effect in one month, also criminalizes homosexuality, pedophilia, rape and public displays of affection by unmarried couples.

Initially proposed by the administration, the new bylaw is how- ever not supported by Irwandy Yusuf's government, whose supporters are a minority in the previous council. When the current council finishes its term on Sept. 30, most of the new lawmakers will belong to the Aceh Party, which supports Irwandy.

Ninik Rahayu, the commission's deputy chairwoman, said in a press conference on the issue that the special status granted to Aceh, including on limited introduction of sharia law, should not give the region free rein to enforce whatever regulation the provincial government came up with.

This was especially the case if the new regulation might be considered to be in breach of the national Constitution, which guarantees human rights.

"Aceh remains a part of Indonesia, so its local regulations should not contradict higher laws. We urge all stakeholders... who are affected with this 2006 law, to file a judicial review with the Constitutional Court," Ninik said. Outgoing lawmakers have claim-ed that they issued the bylaw partially to stop people from taking the law into their own hands, such as assaulting unmarried couples caught together.

Indonesian government may abolish stoning bylaw

Jakarta Globe - September 15, 2009

Camelia Pasandaran & Febriamy Hutapea – The central government would strike down a controversial new bylaw mandating that residents of Aceh convicted of adultery be stoned to death if it was found to violate national laws or the country's Constitution, a spokesman for President Susilo Bambang Yudhoyono said on Tuesday.

A day after Aceh's Legislative Council passed the bylaw, which was met with massive and unflattering international news coverage, spokesman Andi Mallarangeng said the Ministry of Home Affairs would, as a matter of course, examine the bylaw.

He noted the ministry had struck down hundreds of bylaws passed by regional and local governments for being at odds with national legislation.

"In Indonesia, local government laws cannot go against higher laws, that is, the Constitution and the laws of the country," Andi said. "So any laws that go against a higher law, especially the Constitution – and the Constitution clearly mentions human rights – then it can be cancelled by the central government."

The bylaw, locally called Qanun Jinayah, replaces elements of the Criminal Code with Shariah, or Islamic, law for Muslims.

Yudhoyono himself has not commented on the bylaw that also mandates that residents of Aceh could receive 100 lashes for engaging in sex out of wedlock, up to 400 lashes for child rape, 100 lashes for homosexual acts and 60 lashes for gambling.

The central government has been walking a fine line between enabling Aceh to exercise self-government as part of a 2006 autonomy law and ensuring the independently minded province remains under national control.

Zulkiflimansyah, a member of the House of Representatives from the conservative Islamic-based Prosperous Justice Party (PKS), said on Tuesday that Yudhoyono should publicly clarify the bylaw amid fears that it would apply to non-Muslim residents of Aceh.

He also said he supported the bylaw as being an application of Shariah in Aceh, and that it wasn't aimed at turning secular Indonesia into an Islamic state.

He was backed by fellow legislator Ferry Mursyidan Baldan of the Golkar Party, who chaired a team that deliberated the Aceh autonomy bill in 2006. "[The bylaw] can't spread to other provinces. It will only be applied in Aceh, which has special autonomy," he said.

Refly Harun, a former staff legal expert at the Constitutional Court, said that since the bylaw had been passed by the legislative council in Aceh, it was now in force even if it was deemed as unconstitutional or against principals of human rights.

"As long as there is no statement from a legal institution that it is not constitutional, people should obey it," he said, adding that opponents can request a judicial review of the bylaw with the Supreme Court.

"As it is a bylaw, people should file it to the Supreme Court," he said. "It is not advisable for the [central] government to use its power to intervene with the law as it may anger the local people and sharpen the conflict there."

The passage of the bylaw has sparked strong criticism from human rights groups in Aceh and other parts of the country.

The Civil Society Network for Shariah Care, based in Aceh, has requested the provincial government legalize the law and then revise its articles, saying civil society groups were not invited to participate in deliberations.

The network, comprised of 19 groups, also warned that the bylaw could cause social unrest and disturb the war-torn province's peace process.

Ifdhal Kasim, chairman of the National Commission on Human Rights (Komnas HAM) in Jakarta, also slammed the new bylaw for being cruel and degrading.

"This will bring Aceh back to the past. Throwing stones is like Aceh in the 14th or 15th century," Kasim was quoted by Agence France-Presse as saying.

Kamala Chandrakirana of the National Commission on Violence Against Women on Tuesday called for the country's human rights groups to file a challenge in the Constitutional Court against the 2006 Law on Governing Aceh, which forms the basis of the stoning bylaw.

"Lashes and stoning people to death are a cruel, humiliating and degrading [punishment]," she said. "We don't need to wait until it's applied to know that it is unconstitutional. Human rights and pro-democracy organizations should file a judicial review to the Constitutional Court."

Kamala said the Yudhoyono administration should launch a detailed review of controversial bylaws and annul them, saying "there are more than 154 discriminative bylaws applied by 69 district governments in Indonesia."

Aceh council passes bylaw on stoning adulterers to death

Jakarta Post - September 15, 2009

Hotli Simanjuntak, Banda Aceh – Defying strong objections from human rights groups and the provincial administration, the Aceh legislative council passed the Islamic criminal code Monday, allowing adulterers to be stoned to death.

Under the new bylaw, homosexuality is also punishable by lengthy prison terms.

The controversial ordinance will take effect within 30 days for both Muslims and non-Muslims accused of committing adulterous acts.

The passed jinayat (forbidden due to Ahram) bylaw did not include corruption, thefts and bribery as punishable crimes.

The bylaw, which reinforces Aceh's already strict Islamic ordinances, was endorsed in a plenary meeting two weeks before a new legislative led by the moderate Aceh Party was sworn in following a heavy defeat of conservative Muslim parties in local direct elections.

Out of eight parties in the council, only the Democratic Party rejected capital punishment by stoning. The Democratic Party also demanded that the new bylaw only allow for stoning to be carried between four times and 100 times at maximum, not between 40 and 200 times as required by the ordinance.

Opposition also came from human rights groups and the Aceh executive body led by Governor Irwandy Yusuf, a former separatist leader. The Aceh administration rejected any form of capital punishment because it was in violation of human rights principles.

"It's final that the Aceh administration would not enforce stoning for Islamic sharia law violators. In Islam, the law must protect its citizens' human rights," Aceh Vice Governor Muhammad Nazar said.

The current council is dominated by the established political parties, while the Irwandy-Nazar pairing won the gubernatorial election in 2006 on an independent ticket.

Outside the council building, dozens of rights activists staged a rally to pressure the legislature to postpone passing the bylaw as it contained obscure articles that could spark misuse by sharia law enforcers.

"We want the multi-intrepretative stipulations in the bylaw immediately revoked, otherwise it could lead to the arrest of innocent people," said Azriana from Aceh's National Commission on Women's Protection.

Zulfikar M., spokesman for the rights groups said the bylaw allows pardons for certain people if they were law enforcers. He and other rights activists said they had not been not involved in designing and approving the contentious bylaw.

The new ordinance orders married Muslims or non-Muslims involved in adultery to be stoned 100 times, or to death, while unmarried violators are threatened with canning 100 times.

Beauty salons, hotels and other similar places are also punishable by the new ordinance should they be found guilty of facilitating or allowing sharia law violations.

Among other punishable ethical crimes are homosexuality, lesbianism and kissing or hugging by unmarried couples at public places. The bylaw threatens homosexuals with a maximum of 100 lashings, or a maximum penalty of more than eight years in prison.

Sharia law, which was introduced in the devoutly Islamic Aceh in 2001, already bans gambling, drinking alcohol and makes it compulsory for women to wear headscarves.

Dozens of public canings have been carried out by the local sharia police against violators of Islamic law.

Aceh to introduce stoning for adulterers

Radio Australia - September 15, 2009

Lawmakers in the Indonesian province of Aceh have passed a law that would see Muslims found guilty of adultery, stoned to death.

Presenter: Katie Hamann

Speakers: Bachrom Rashid, United Development party and legislative member Bachrom Rashid; Harian Aceh, Thayeb Loh Angen is the Editor of the popular newspaper; Nur Kholis, National Commission on Human Rights member

Hamann: With the sun already set on the so-called "Veranda of Mecca" and just hours left before Aceh's parliament was to be dissolved, lawmakers signed off on the province's latest Sharia law.

The regulations include punishments for Muslims caught consuming alcohol, rape, paedophilia and homosexuality, but only adulterers will be stoned to death.

Leaders from Islamist parties, which dominated the former parliament, have offered various explanations for the law. United Development party and legislative member Bachrom Rashid said it is designed to save people from hell.

Rashid: (translated) Sharia law is already being applied in Aceh and all Achenese people are Muslim, I am a Muslim, so it is impossible for me to refuse the regulation of Allah.

Hamann: Canning has already been used in the province for several years, a punishment meted out for Muslim's guilty of gambling, drinking and unwed couples caught socialising.

Thayeb Loh Angen is the Editor of the popular newspaper Harian Aceh. He says there is widespread opposition to the new law and it was pushed through by Islamic parties whose representation will be diminished in the next parliament.

Angen: (translated) It has been the plan of certain political parties since the beginning and it was passed to save the reputation of present members of the house whose term is finishing. There are many more important bills for Aceh, such as the corruption bill that was not passed.

Hamann: Thayeb Loh Angen expressed concern that Sharia police will be pressured to put the law into practice in the near future to legitimise its passage. But Indonesia's Legal Aid Institute has already indicated it will challenge the bill in the Supreme Court.

National Commission on Human Rights member Nur Kholis expressed concern that the regulations would violate Indonesia's national laws but says Aceh also has special autonomy which allows for the creation of Sharia law.

Do you think that stoning someone would be against or a violation of national laws?

Kholis: Yes, basically yes, because in national law we don't have the punishment like stoning. But Aceh has autonomy so it is very difficult to make some strong statement we should respect what we call autonomy, on one side, but we should follow also the national law which mentions that we don't have any type of punishment like stoning.

Hamann: The central government granted Aceh special autonomy in 2005 as part of a peace agreement that ended nearly three decades of fighting between the Indonesian military and Free Aceh Movement rebels.

Former GAM fighter and Aceh Governor Irwandi Yusuf has faced considerable pressure from religious hardliners to realise a mandate for full sharia law in the province, one of the conditions of the autonomy deal. The law does not require his signature to take effect.

But a spokesman from his office said he was opposed to harsh punishments and the government may seek to amend the legislation.

Mr Yusef's secular Aceh party will occupy almost 50 per cent percent of the legislature when the next parliament opens in October. Party representatives have suggested a referendum to decide whether to maintain Sharia law in the province.

In Jakarta this is Katie Hamann for Connect Asia.

West Papua

Fresh shooting near Freeport mine in Papua, one hurt

Reuters - September 17, 2009

Jakarta – A security guard was wounded in a shooting near Freeport-McMoRan Copper & Gold Inc's Grasberg mine in Indonesia's Papua province, a company spokesman said on Wednesday, the latest in a series of attacks in the area.

The shootings did not affect production at the mine, which accounts for nearly 40 percent of Freeport's total copper reserves of 93 billion pounds, and boasts the world's largest gold reserves, spokesman Mindo Pangaribuan said.

"There were shots fired at a security apparatus convoy at around 11 a.m. local time near East Levee's Kali Kopi area. This area is not along our main mine road. One security apparatus personnel sustained injuries requiring treatment," said Freeport spokesman Mindo Pangaribuan.

A series of shootings by unidentified gunmen near the mine in recent weeks, most recently on last Saturday, have resulted in some casualties, but so far there has been no impact on production.

The police and military said they have stepped up security in Papua, the easternmost part of the sprawling Indonesian archipelago. The Grasberg mine is about 3,350 km east of Indonesia's capital Jakarta.

Freeport said on its website it expected its Indonesian unit to sell 1.3 billion pounds of copper this year, up from 1.1 billion pounds of copper in 2008.

Some analysts have tied recent outbreaks of violence to possible conflicts between the police and military over lucrative security arrangements at the mine and related business ventures, charges the authorities have rejected.

Papua famine growing, says rights organization

Jakarta Globe - September 16, 2009

The Asian Human Rights Commission on Wednesday said it had received information that the death toll from famine continues to rise in Yahukimo, Papua, even as some government officials denied the existence of any famine.

AHRC said 113 villagers had now died of famine and related diseases since January.

"The harvest failure this year, which was caused by climate change, resulted in the deaths by aggravating the lack of food in the villages," the group's statement said. "[The famine] has affected seven subdistricts – Suntamon, Langda, Bomela, Seradala, Walma, Pronggoli and Heryakpini."

"The affected areas had already seen the deaths of 55 villagers from starvation due to harvest failure in 2005, but the government failed to improve facilities in order to ensure food security since then."

Yahukimo district chief Ones Pahabol on Monday was reported as saying the entire district was suffering from famine – a claim flatly rejected by Coordinating Minister for People's Welfare Aburizal Bakrie.

"I was shocked to read reports about this," Bakrie said. "In fact, no such problem exists. I received reports from the district head and church officials that there is no such thing," Aburizal was quoted as saying by the state's Antara news agency.

AHRC said the district had suffered from heavy rain, especially from May to August. "This caused harvests to fail. The scarcity of food has led to a rise in diseases, such as malaria and diarrhea," it said.

AHRC said the central government had sent food aid of 100 tons of rice, sweet potatoes and other foods such as noodles to the affected area on Monday.

Soldier, policeman injured in Papua shooting

Jakarta Post - September 16, 2009

Markus Makur, Timika, Papua – A soldier and a police officer were injured when a military vehicle was shot by an unidentified man on Wednesday at the mining site of US mining firm PT Freeport Indonesia in Papua, a military spokesman has said.

Cendrawasih Military Command spokesman, Lt. Col. Susilo said the incident took place at Mile 38, Kali Kopi post, Nayaro, Mimika at 11.45 a.m. local time. He said one of the injured was Lt. Col. Viktor Deny.

Team dispatched to investigate reports of famine deaths in Papua

Jakarta Globe - September 15, 2009

Camelia Pasandaran – A team from the State Ministry for People's Welfare is slated to visit Yahukimo, Papua, to find out what is happening in the district, where at least 92 people have reportedly died this year from hunger.

"A team will visit the area to provide first aid as well as to assess the actual conditions," said Rizal Mallarangeng, who currently works as a special staff member at the ministry.

"Reported data indicates 92 people have died from famine as of August. But we cannot respond if we do not confirm this for ourselves. The number of 92 deaths is nothing in comparison to the number of people who have died in West Java," he said, referring to the recent earthquake which struck the province.

Government officials have been at odds over the cause of the food scarcity. The district head of Yahukimo, Ones Pahabol, said on Monday that the entire district has been suffering from famine.

But Coordinating Minister for People's Welfare Aburizal Bakrie recently denied that the district was under such calamity.

"I was shocked to read reports about this, while in fact no such problem exists. I have received reports from the district head as well as church officials, saying that there is no such thing," state news agency Antara quoted Aburizal as saying.

"So no one has died because of famine. Sure, there must always be deaths every day. Even in Jakarta deaths happen every day."

Bakrie said despite the confusion, the ministry would not let anyone needlessly die of hunger.

"We have prepared 100 tons of rice, 1,100 boxes of instant noodles, canned foods and cooking tools," he said. The aid will be delivered by a team that will also investigate the actual situation.

"We will decide later how to solve the problem after the team determines the actual existing conditions." But he added that the Ministry should not only focus on the problem of hunger, but on district development as well.

"We should not waste money on something that we are not yet absolutely certain about, while they also need electricity and roads to be built," he said. He also pointed out that the cost to rent a helicopter to deliver the aid is extremely expensive. "It may cost up to Rp 80 million ($8,000) for one hour."

Pahabol said despite concerns, there was not yet any plan to evacuate the district's residents. "Their lives are so very connected to nature there," he said. "Most of them are reluctant to be evacuated."

Human rights/law

Contentious secrecy bill finally shelved

Jakarta Post - September 17, 2009

Jakarta – After mounting pressure, the government has finally withdrawn the draft law on state secrecy to allow adequate time for the controversial bill to be scrutinized.

Regarding the withdrawal of the bill, Defense Minister Juwono Sudarsono said President Susilo Bambang Yudhoyono had given him three instructions at a Cabinet meeting in Jakarta on Wednesday.

"First was to consolidate and fix the bill's contentious articles. Secondly, the President wants the Defense Ministry to communicate with all civil groups that object to the passage of the bill. The President also wants to build good communication with the House of Representatives so that proper mechanisms can be established for the deliberation of the bill in the House of Representatives' 2009-2014 term," he told the House's working committee deliberating the bill.

Legislators, however, said the minister's explanation did not firmly indicate the government wanted to prevent the bill from being endorsed.

After Marzuki Darusman, a committee member from the Golkar Party faction, asked Juwono what he thought the government's third instruction meant, Juwono said: "Yes, the government wants to withdraw this bill from being passed due to the fact that it is impossible to pass."

The bill, which has been deliberated by the House for many years, has sparked mounting protest from human rights groups, the press and anticorruption groups that claim it contradicts the 2008 law on the free flow of information and human rights law.

They demanded the government and the House withdraw the bill. The bill carried harsh punishment for public officials and private firms that leaked state secrets and stipulated that fines between Rp 50 billion (US$5 million) and Rp 100 billion be imposed on firms found guilty of violations.

It also threatened individuals found guilty of leaking highly secret information during wartime with the death penalty.

Meanwhile, legislators said they had no problems with withdrawing the bill, but could not hide their disappointment with the government's decision.

"The only reason behind this withdrawal is because the government is not pleased with what the bills' substance has become. We have optimized this bill to be very democratic, it is very different from the repressive initial draft," said Marzuki, a former leader of the first national human rights body.

Effendie Choirie, another committee member from the National Awakening Party (PKB), said that he could accept the government's decision, although the problems and controversies surrounding the bill were triggered by the government's lack of knowledge about state secrets.

"From the beginning, the government was not ready either substantially or conceptually to deal with the issue of state secrecy in a democratic country," he said.

Media activist Agus Sudibyo from the Science, Aesthetics and Technology Foundation, said the government's decision would create more space and time for civil society groups to scrutinize and provide input about the bill. "What happened today proves that common sense still has a place in the nation's politics," he said. (hdt)

Minister defends SBY's support for Indonesia's secrecy bill

Jakarta Globe - September 15, 2009

Defense Minister Juwono Sudarsono on Tuesday defended President Susilo Bambang Yudhoyono from an accusation that he was trying to return the country to authoritarianism by pushing for the endorsement of the state secrecy bill.

The Press Council was among several nongovernmental organizations that have called on Yudhoyono to delay the scheduled passage of the bill, saying it would hamper democracy and undermine freedom, transparency and accountability.

Juwono said Yudhoyono had supported military reforms when he was assistant for territorial affairs to the Army chief in 1997 and was at the forefront of efforts to get the military to respect democracy, accountability and human rights.

"So it is not fair that some NGOs and the Press Council are accusing the president of trying to bring back the New Order regime," he said, referring to former President Suharto's iron- fisted rule.

Juwono said the president had asked him to ensure that the bill would achieve balance between the principles of liberty and security.

Juwono said the bill's critics were just trying to boost their public images by dragging the president into the debate over the legislation. "When they meet us directly, they always say that there is no problem, but when they talk to the media, they are full of harsh criticisms," he said.

Juwono said that his ministry was not involved in rushing the bill, saying "It is the lawmakers who are forcing us to finish the bill in September."

Lawmakers, however, said the opposite was happening. Legislator Andreas Pareira, from the Indonesian Democratic Party of Struggle (PDI-P), objected to Juwono's assertions, claiming the government was now "washing its hands" of the issue.

"The government is just now realizing that this sensitive bill shouldn't be discussed in such a rush?" he said.

The Golkar Party's Theo Sambuaga said the government was still involved in the discussions over the bill. "If the government wants to revoke the draft, what can we do? The government has the right to review it," he said.

National Awakening Party (PKB) lawmaker Effendy Choirie went as far as to say that the government was actually pushing to have the bill passed, with a plenary meeting scheduled on Thursday to decide whether to continue pursuing it.

Indonesia's house passes four more bills as clock ticks

Jakarta Globe - September 15, 2009

Febriamy Hutapea & Ismira Lutfia – After passing a record four bills on Monday, the House of Representatives repeated the feat on Tuesday, despite the continuing poor attendance of lawmakers in the plenary session.

The House, also known as the DPR, endorsed the bills back-to-back – on fisheries, youth, special economic zones and postal services – in an obvious attempt to meet its ambitious target of endorsing 22 bills within three weeks before its tenure officially ends on Oct. 1.

The House predicted that with a series of consecutive plenary sessions during its 16 working days left, it would be able to complete about 200 bills when its tenure ends.

Under the National Legislation Program, also known as Prolegnas, the House was set to manage 284 bills. However, their target was not backed by their will, with Tuesday's plenary session attended by a few lawmakers, less than 50 out of the total of 550.

The attendance sheet in the morning showed the signature of about 260 lawmakers, increasing those present to around 300 in the afternoon, though only a few actually stayed inside the plenary room for the entire session.

Sebastian Salang, the coordinator of Forum of Citizens Concerned About the Indonesian Legislature, also known as Formappi, said the House was seriously violating its own ethics.

"This is a manipulation. They do whatever it takes to meet their legislation target. It's so embarrassing," Sebastian said, adding that such moves were prone to a challenge in the Constitutional Court.

Sebastian said he hoped the next House would not be trapped by its own target. "The matter is not how many bills they pass, but how far they solve the nation's problems by settling it through the law."

However, House Speaker Agung Laksono said the signature was enough as the earnest discussions on the bills were held at the commission level and the plenary session was only held to officially endorse them.

"All the requirements were met. This can be verified with the secretary general. There was a quorum based on the signatures," Agung said.

The newly-passed law on postal services put an end to PT Pos Indonesia's monopoly as the country's single postal service operator and paved the way for market-driven postal services, Communication and Information Technology Minister Mohammad Nuh told the legislators.

"The law on postal services also stipulates the government's obligation to provide universal postal services in cooperation with local and international postal service operators," Nuh said, adding that the combined efforts would ensure a seamless connection in mailing and shipping all over the country.

However, he said that foreign postal services could only operate in provincial capitals that had international airports or seaports.

Indonesia's house passes record four bills in one day

Jakarta Globe - September 15, 2009

Markus Junianto Sihaloho, Camelia Pasandaran & Dessy Sagita – Kicking off its frantic final weeks, a plenary session of the House of Representatives on Monday approved four bills, a new record for a legislature scrambling to make good on its lawmaking duties.

With only about a third of lawmakers attending, the House endorsed the antinarcotics, health, immigration and hajj bills in short order.

Justice and Human Rights Minister Andi Matalatta, who represented the government, said the antinarcotics bill would be a useful legal basis for the National Narcotics Agency (BNN) to combat the illegal drug trade. "We need this law to help our children and to protect future generations from drugs," he said.

But Asmin Fransisca, from the Indonesian Coalition for Drug Policy Reform, said the bill's deliberation had not been transparent enough and it still regarded drug users as criminals, which contradicted human rights.

"The best solution for curing drug abuse is with treatment, not by viewing it as a crime that needs to be punished," she said. The ICDPR also opposes the death penalty as mandated in the bill, saying civilized countries no longer had capital punishment.

Two of the House's 10 political factions had reservations about an article in the health bill regarding abortion. The Prosperous Peace Party (PDS) consented to abortion but only when the mother's life was at risk, while the Reform Star Party (PBR) was against the procedure altogether.

The legislation allows abortion for victims of rape or when the pregnancy endangers the life of the mother. For rape cases, the abortion must be approved by an official body. "If the counseling body forbids the abortion, then it cannot be conducted," said Ribka Tjiptaning, a legislator who helped draft the bill.

Kartono Muhammad, chairman of the Healthy Indonesia Coalition, said that regardless of its flaws, the health bill had been on the cards for almost nine years and was long overdue. "It is very urgent for the country to have this health bill. If we wait until it's perfect, it won't be endorsed anytime soon," he said.

Hasbulah Thabrany, a University of Indonesia public health expert, echoed Kartono's sentiments, saying: "We can't expect the bill to be 100 percent ready. That's not going to happen." However, he did add that the bill was likely to be sloppy because it was rushed so a judicial review might be needed.

The hajj bill was based on the government regulation in lieu of law issued earlier this year to revise a 2008 law that required special passports for pilgrims.

"This is a quick adjustment to accommodate the Saudi Arabian government, which has ruled that from 2009 hajj pilgrims should use international standard passports," said Abdul Hakam Naja, the head of House Commission VIII for religious affairs.

The immigration bill includes measures to curb illegal immigration, terrorism, money laundering and people trafficking, and makes "fake marriages" to obtain Indonesian citizenship a crime.

The plenary meeting was suspended for more than an hour after only 180 of 550 legislators attended the opening. The attendance did not increase much but the session went ahead anyway.

Audy Wuisang, from Pelita Harapan University, slammed the last- minute rush of bills. "Who will be responsible for all the problems created by the House's poor performance?" he said. "They should stop trying to produce instant laws because they will only become burdens."

Labour/migrant workers

Indonesia bends on Malaysia maid salaries: Report

Jakarta Globe - September 20, 2009

Indonesia is renewing passports for maids making as little as 500 ringgit (about Rp 1.4 million or $144) per month, not the previously reported 600 ringgit, according to a Malaysian newspaper.

Indonesian Ambassador to Malaysia Gen Da'i Bachtiar told the Malaysia Star that 600 ringgit was still the target rate, but the embassy is being flexible.

"If the maid is happy with a 550 ringgit or a 500 ringgit wage, the embassy will renew her passport when the employer seeks to extend her services," he said. Salaries below 500 ringgit were not acceptable, he added.

An Indonesian embassy official in Kuala Lumpur told the Jakarta Globe earlier this month that since January, the government had stopped renewing passports for workers reporting less than 600 ringgit in wages per month.

The ambassador also denied Indonesia had asked for a minimum of 800 ringgit per month for domestic helpers in negotiations on a new labor agreement. An embassy official had said Indonesia "might" make such a request. The two countries are expected to resume negotiations in October.

Labor relations are a prickly subject between the neighboring nations. Many Malaysians blame immigrants for crime and social problems, while incidents of migrant worker abuse in Malaysia provoke outrage in Indonesia.

Some 2.1 million Indonesians work in Malaysia, according to the Malaysian government, but only 1.2 million are in the country legally.

Media unions press minister

Jakarta Globe - September 17, 2009

Ismira Lutfia – Union busting, low wages and outsourcing are just some of the many labor issues facing today's media workers, industry activists said earlier this week.

"The labor problems that we face ourselves are actually not much different from the problems workers in other industries have to deal with," Winuranto Adhi, the union coordinator for the Alliance of Independent Journalists (AJI), said during a discussion with Minister of Manpower and Transmigration Erman Suparno on Monday.

Winuranto and several representatives of the newly-launched Federation of Independent Media Workers Unions met with Erman to push for better working conditions in the media sector.

The federation was launched in July to advocate for improvements in working conditions and to eliminate short-term contract-based employment in the industry, in which employees may work for years without certainty or opportunities for career advancement. Eight unions from Jakarta and Solo have so far joined the group.

Winuranto said low salaries at most media organizations, which mushroomed following the euphoria of press freedom after decades of tight government control, contributed to the problem of journalists accepting bribes to make ends meet.

An AJI survey in 2005 found that almost half of all reporters received monthly salaries of between Rp 600,000 ($60) and Rp 1.4 million, and the level of pay corresponded directly with their willingness to accept money from sources.

"This was also exacerbated by the lack of sufficient financial capital to establish media companies," Winuranto said.

Since 2008, the AJI has campaigned for better remuneration packages that corresponded with the nature of the work and responsibilities of journalists.

The head of the media union federation, Abdul Manan, said that according to AJI records there were only 26 media workers' unions out of the thousands of media outlets across the country.

"Many unions only get as far as the planning stage," he said, adding that the growth of unions in the media sector was far behind other industries.

Winuranto said most media organizations were "allergic" to unions. The manpower minister said employers should ensure their workers' right to form unions since it was guaranteed in the 2003 Labor Law. "Journalists are the human capital of media outlets, which they can't do without," Erman said.

Separately, Ignatius Haryanto, a media analyst, said most media outlets were hypocritical in presenting themselves as torchbearers of democracy when they could not even be transparent about the labor struggles within their own organizations.

"It seems that there's an unspoken solidarity between media owners not to bring up the subject when there's a labor issue at another media company," he said. "Most media workers are in a weak position when it comes to their employment status and their rights as employees."

Environment/natural disasters

Indigenous people must be involved in carbon reduction scheme

Jakarta Globe - September 16, 2009

Fidelis E. Satriastanti – Tribal groups have been faithfully protecting and preserving rain forests for hundreds of years, but their input at national and global talks on the highly anticipated carbon trading mechanism has been constantly denied, a representative of the country's indigenous people said here on Monday.

The 15th UN Climate Change Conference is scheduled to take place in Copenhagen, Denmark, from Dec. 7 to 18 to determine several international deals in tackling climate change issues, including setting new emission targets for developed countries and funding mechanisms for developing countries in mitigating the effects of climate change.

Given Indonesia is home to the world's third largest area of forested land, after Brazil and the Democratic Republic of Congo, its main focus at the conference will be on the carbon trading mechanism – also known as REDD – used to reduce emissions from deforestation and forest degradation.

Abdon Nababan, secretary general of the Indigenous Peoples Alliance of the Archipelago (AMAN), said REDD had two implications for indigenous people here: the scheme could exacerbate land conflicts or it could ease the burden in protecting forests.

"The REDD scheme could threaten indigenous people if it follows the same land concession system used now, because that system is the source of ongoing conflicts with both forest concessionaires and industrial forest estates," Abdon said.

"On the other hand," he said, "it could be a good opportunity because it puts the indigenous people and the scheme on the same page – we both want to prevent deforestation and forest degradation."

"So, [the indigenous people and the REDD scheme] are basically fighting the same evil," he said, adding that this partnership could lead to a new, more workable land concession system

Agus Purnomo, head of the secretariat of the National Council on Climate Change, said conflicts in forest areas had been going on for a very long time, had become very complicated and would be difficult to change.

"REDD can't be used as a magic potion to solve all those issues because its main aim is to prevent more carbon being emitted from the forested areas, even though the mechanism will require improved forestry management to succeed," Agus said.

"So the challenge is to solve these conflicts while at the same time implementing REDD," he said. "While there will be no quick fix, I'm optimistic [that it could work] because the funds are quite big, which could encourage people to work harder to find a solution."

The director general of the Bogor-based Center for International Forestry Research, Frances Seymour, said the scheme should give indigenous people more say at the national and international levels.

"AMAN now have more political clout because [the state] needs the involvement of those [local people] who have long been the caretakers of the forests," Seymour said, adding that indigenous people could also use the scheme to find a way around the land conflicts.

"The indigenous organization has done an amazing job in raising awareness [among local people] on both opportunities and threats, and are now well prepared to represent their own interests in this issue," Seymour said.

Wahjudi Wardojo, a senior adviser for the International Forest Carbon Policy of the Nature Conservancy, said REDD needed to be more detailed and include the interests of local people.

"Breaking down REDD and making it more detailed needs to be considered because the groups that make up indigenous people have their own unique characteristics. Even if indigenous groups live in the same area, they can have quite different backgrounds and attitudes," Wahjudi said.

Abdon said the only issue the government needed to solve immediately was the recognition of indigenous people's rights over their ancestral lands.

"These people only want their rights as indigenous people to be recognized by the government, and nothing else," he said. "They don't want money, in fact they don't care about that. They just want their rights to be acknowledged as stipulated in the 1945 Constitution."

Health & education

Health law discriminates against marginalized groups: Activists

Jakarta Post - September 17, 2009

Jakarta – Women's rights activists protested against the new health law Wednesday, which they say does not accommodate the rights of unmarried people to reproductive health services such as abortion.

The protesters were members of the Network of the Pro-Women's National Legislation Program (JKP3), an association of various NGOs, including the Women's Health Foundation (YKP), the Indonesian Women's Association for Justice (LBH APIK) and the Mitra Perempuan Women's Crisis Center.

They also criticized the law, which was endorsed by the House of Representatives on Monday, for its failure to properly deal with the issue of illegal abortion.

"We will likely ask for a judicial review with the Constitutional Court regarding some discriminatory articles", said Zumrotin, the deputy chairwoman of the YKP. She added the JKP3 would also scrutinize the government's regulations to implement the law.

Among the controversial articles is Article 72, which stipulates that: "Everyone has the right to a healthy and safe reproductive and sexual life, free from force and/or violence, with his or her lawful spouse".

It means the law only protects legally married couples, according to Ratna Batara Munti, the coordinator of the JKP3. Marginalized groups such as unregistered married people, sexually active unmarried people, sex workers, homosexuals and transsexuals, are protected by the law, she said.

"The government will not provide reproductive health services for them," said Ratna.

Ratna said the JKP3 had demanded that reproductive health services must be provided to anyone, regardless of their race, religion or sexual orientation.

"Yet, when we talked to lawmakers about non-discriminatory health services, they said they had intentionally drafted the article to eradicate prostitution and the behavior of people with non- normative sexualities," she said.

She said the lawmakers used religion as the basis for the controversial article. "Why did they relate the right to health with religion? Would lawmakers prefer that people within these groups died?" she said.

Zumrotin said that sex workers, homosexuals and transsexuals were currently discriminated against by many health officials. "Now, the law even legalizes discrimination against them," she said.

The JKP3 also urged for a revision of articles on abortion. The also law stipulates that only women whose lives are in danger, or those that have been raped can legally have an abortion.

"This does not solve the problem of unsafe abortions that have already claimed many lives. With such stipulations, many women will keep having unsafe abortion," said YKP chairwoman Ninuk Widyantoro

Ninuk said that Indonesia still had the highest mother mortality rate among countries in South East Asia. "I believe that many of these deaths were caused by unsafe abortion methods," she said.

Ninuk said there were various reasons that women might have an abortion. "Women that have abortions are not only sexually active teenagers that get pregnant. YPK research shows that many married women seek abortions if they fall pregnant at high-risk age or their economic situation cannot support a baby," she said.

Kartono Muhammad, a doctor and member of the YPK, said that abortion was not the only way for women to deal with unwanted pregnancies.

"Women with unwanted pregnancies could put their babies up for adoption. If abortion is forbidden in this country, than the government must create an institution to take care of babies being put up for adoption," he said.

According to government data, in 2008, the mother mortality rate was about 226 deaths in every 100,000 births. In 2000, that rate reached 307 deaths in every 100,000 births.

"However, the Asian Development Bank reported in 2009 that the rate increased to 420 deaths in every 100,000 births," said Ninuk. (mrs)

ICW says health care for Indonesia's poor in critical condition

Jakarta Globe - September 15, 2009

Dessy Sagita – The recent "detention" of two women and their babies by a South Jakarta hospital is further proof that many people, particularly low-income earners, don't receive the health services promised by the government, a leading antigraft body said on Tuesday.

The hospital refused to allow the women and their babies to leave for months because they were unable to settle their bills, which totaled Rp 12.1 million ($1,200). The four were discharged last week after the City Health Agency put up the money.

"Many Indonesians don't know what they are entitled to when it comes to health care. Some don't know that they are eligible for health care at all," Ratna Kusumaningsih, an Indonesia Corruption Watch researcher, told the Jakarta Globe.

Ratna said a 2009 ICW survey found that 80 percent of Indonesians did not fully understand the health security scheme for the poor, known as Jamkesmas, or the procedures for registering and obtaining a membership card and the benefits that come with it.

"I think the lack of awareness about Jamkesmas is a direct result of ineffective promotion by the government," she said.

Ratna said that although the Ministry of Health had been trying to promote the scheme, information had failed to reach the very people who need it most.

"Most promotion was done via electronic media and newspapers, but the people who really need Jamkesmas are poor and do not have ready access to the media," she said.

Introduced in early 2008, Jamkesmas is a health insurance scheme for the poor under which the government reimburses hospitals for medical costs after the expenses are verified by independent auditors. The scheme is intended to replace the Askeskin program, where medical claims are paid to hospitals through state-owned health insurance company PT Askes.

People wanting to take advantage of the Jamkesmas program are required to secure a letter from local authorities certifying that they are poor. But many complain the process to obtain proper documentation is complicated, costly and time consuming.

"There are at least seven reference letters they need to get to finally qualify for a card. Often they have to pay some 'thank you' money for the letters," Ratna said.

She said the ICW survey also found that some 40 percent of Jamkesmas cardholders still had to pay fees at hospitals, including registration and room fees.

A 30-year-old woman who did not want to be identified said that although she and her brother, who suffers from leukemia, are approved for Jamkesmas, she still had to pay a great deal of money for her brother's chemotherapy.

"I have sold my family home to pay for his treatment, but it's still far from enough and now I'm running out of options," she said, adding that she had to go through numerous institutions to obtain the card.

On Monday, the House of Representatives endorsed the health bill despite protests by some organizations that the legislation was flawed.

Corruption & graft

Yudhoyono prepares emergency decree to fill KPK power void

Jakarta Globe - September 18, 2009

Nivell Rayda & April Aswadi – President Susilo Bambang Yudhoyono is readying a government decree in lieu of law, or Perppu, to deal with the vacuum in the leadership of the country's anti-graft body after three of its five leaders were named as suspects in various legal cases, a minister said Friday.

The Corruption Eradication Commission (KPK) has seen its chairman Antasari Azhar suspended after he was named as a suspect in a murder case while two of his deputies – Chandra Hamzah and Bibit Samad Rianto – have become suspects in a case of abuse of power. Only two deputies are left to manage the commission, one less than the minimun required by law.

Justice and Human Rights Minister Andi Matalatta said the perppu would allow to bypass a requirement in the KPK law that a team be formed to represent public opinion in selecting the acting commissioners.

"According to the law on KPK, to fill the vacant posts, another selection committee should be appointed. We estimate that it will take 6-7 months, while the KPK only has two members now," Matalatta said. "The criteria will be set to resemble [those in] the law on KPK," Matalatta said, adding that no name had yet been discussed.

Yudhoyono has said he had opted for a Perppu after separate consultation with Supreme Court chief Harifin A. Tumpa, House Speaker Agung Laksono and Constitutional Court chief Mahfud MD.

KPK, Yudhoyono said, could not effectively function with only two commissioners until a decision was reached whether the suspects could reasume their post or resign because they have to face trial. "Since there is no law for this kind of eventuality, the solution is to issue the Perppu," Matalatta said.

Indonesia Corruption Watch's legal and judiciary coordinator, Febry Diyansyah criticized the plan for a perppu saying "KPK leaders are not members of his cabinet that the president can freely remove or install. The mechanism is clear and the process must be transparent."

However, Mahfud said the president was within his rights, given the emergency of the circumstances. The law requires at least three KPK commissioners to make important decisions. "The condition makes the KPK's decisions vulnerable to legal challenges," he said.

Alexander Lay, lawyer for the two troubled deputies said that more important was to check whether the police had met the procedures and professionalism standards in declaring the commissioners as suspects.

Mahfud said the police's move had been "a big mistake." "Under no circumstances should a procedural matter be criminalized. This could open a pandora box for police and other institution to arrest officials for doing their job."

It was the victims of the alleged misuse of power, and not the police, who should file a case at the state administrative court, not a crime tribunal.

KPK lawyer Bambang Wijoyanto filed a formal complaint against National Police Chief Detective Susno Duaji to the independent National Police Commission, accusing him of trying to halt an ongoing KPK probe on him by declaring the two commissioners as suspects.

Susno's move was in retaliation to the KPK's wiretapping of his telephone conversation with businessman Budi Sampoerna, Bambang said. Budi reportedly sought Susno's help, in return for an undisclosed fee, to retrieve Rp 2 trillion he had in ailing Bank Century.

"Since the wiretapping incident, susno has been involved in a character assassination, by leaking information to the press to build public opinion," Bambang said. "He knew he was being investigated by the KPK." Susno declined comment.

Yudhoyono to issue ruling to settle KPK row

Jakarta Post - September 18, 2009

Irawaty Wardany and Erwida Maulia, Jakarta – President Susilo Bambang Yudhoyono says he will soon issue a government regulation in-lieu-of-law (perppu) to fill the vacant leadership in the Corruption Eradication Commission (KPK), three of whose five leaders have been implicated in criminal cases.

The President said Thursday evening he had consulted with the heads of three state institutions – House of Representatives speaker Agung Laksono, Constitutional Court chief Mahfud MD and Supreme Court chief Harifin A. Tumpa – on the matter, and that they all agreed on the perppu issuance.

"All three think it is logical to issue the perppu in the absence of (legal) reference to tackle this issue (of vacant KPK leadership). I will soon issue a perppu that will allow for a selection of KPK interim leaders," he said after a break-fasting dinner with journalists at the Presidential Palace.

Suspended KPK chief Antasari Azhar will soon stand trial for murder and will have to relinquish his post in accordance with the KPK law. Deputy chiefs Chandra M. Hamzah and Bibit Samad Rianto have been named suspects for their alleged abuses of power.

Meanwhile, a team of lawyers for Chandra and Bibit accused the police of incorrect procedure, saying the police could not directly hold them as suspects only for the alleged power abuse.

"If somebody objects to KPK's actions related to a travel ban or travel ban lifting they can file a pre-trial lawsuit or one for rehabilitation and not directly criminalize its authority and supposed that the two have abused their power," Eri Hertiawan told a conference here Thursday.

Eri was one of 20 lawyers for the two KPK deputies, who were declared suspects for alleged authority abuse of issuing travel ban for Anggoro Widjojo, a KPK suspect in a major graft case and Joko S Chandra due to alleged involvement in a bribery case.

"Can this be considered as criminal violation, if such authority is stipulated in the 2002 KPK law?" asked Alexander Lay, another of the KPK deputies's lawyers.

He said in addition to the police following the wrong procedure, the mishandling of the case could cause chaos in the criminal system as all legal enforcers who dealt with the investigation process could be criminalized by other investigators.

Top corruption fighters named as suspects

Sydney Morning Herald - September 17, 2009

Tom Allard, Jakarta – Indonesia's powerful corruption watchdog, the Corruption Eradication Commission, or KPK, is in disarray after two of its most senior officials were yesterday named by police as suspects in an investigation that alleges they allowed two executives to flee the country before facing justice for embezzlement.

The action follows the arrest earlier this year of the former chairman of the commission, Antasari Azhar, on charges of ordering the murder of another executive who was allegedly a rival for the affections of a young female golf caddy.

The spectacular implosion of the senior ranks of the commission – an institution until this year regarded by Indonesians as a heroic force for cleaning up the country's endemic culture of graft – has devastating consequences for President Susilo Bambang Yudhoyono's campaign to convince foreign investors that the country is making headway against corruption.

Perhaps most damaging of all, Indonesia's parliament appears set to neuter the commission with a bill that strips it of its ability to pursue those engaged in corruption and prosecute them in an anti-corruption court removed from the notoriously corrupt regular judiciary. Underpinning yesterday's naming and shaming of the two commission deputies, Chandra Hamzah and Bibit Samad Rianto, is a barely concealed war between the police and the office of the Attorney-General with the commission.

Senior members of the police and Attorney-General's department have been arrested and jailed by the commission.

If anything, the competing claims of corruption indicate that all the main institutions in Indonesia with a role in combating graft have, at the very least, some senior members who are themselves corrupt.

Mr Hamzah and Mr Rianto were both questioned at length on Tuesday and yesterday. They are accused of "abuse of power" in decisions to "apply and revoke travel bans" in two cases.

A travel ban was puzzlingly not applied to Anggoro Widjaja, the owner of a company under investigation by the commission. He fled the country before he was declared a suspect in the inquiry.

The other case involved Djoko Tjandra, a banker who pilfered about $500 million of taxpayer funds that were allocated to bail out his Bank Bali during the financial crisis of 1997-98. He escaped to Papua New Guinea the day before the Supreme Court rejected his appeal, consigning him to prison.

Both the allegations against the deputies came from Mr Azhar, their former boss.

Emerson Yuntho from Indonesian Corruption Watch said it was difficult to come to a judgment at this stage about the bona fides of the claims and counter-claims of corruption among the commission, police and Attorney-General's office.

"What we worry about is the [commission] as an institution," he said. "We must separate these two issues, the persons and the institution."

Mr Yuntho said the commission – with its independence, powers to compel testimony, and use of high-tech surveillance devices – was a model for anti-corruption.

But it appeared it would be emasculated. President Yudohoyno, he added, was doing nothing to prevent legislators from his own party supporting measures to greatly reduce its powers.

Indonesia's parliament is also seen as a deeply corrupt institution. Its members, too, have been snared by the commission. "There is a systematic effort to weaken the fight against corruption," Mr Yuntho said.

Antigraft body wins moral support in face of enemy

Jakarta Post - September 17, 2009

Irawaty Wardany, Jakarta – The Corruption Eradication Commission (KPK) has faced a number of severe blows recently with several of its leaders allegedly involved in cases of murder and abuse of power.

Many, however, have expressed their scepticism that suspended KPK chief Antasari Azhar was, in fact, involved in the murder case or that he, along with his deputies Bibit Samad Rianto and Chandra Hamzah, abused their power and extorted Anggoro Widjaya, the president of PT Masaro Radiokom, during their investigation into a graft case at the company.

With rumors abounding and many sides taking shots at the country's leading antigraft body, more and more people have expressed their support for the commission.

After receiving the backing of a group of lawyers earlier this week, the anticorruption commission was visited around 8 a.m. Tuesday, by university students and hundreds of people from nongovernmental organizations calling themselves the Love Indonesia, Love the KPK (Cicak) movement.

They all arrived wearing white shirts as they designated Tuesday's rally the "Anti-corruption White Solidarity" event. KPK officials, also wearing white shirts that day, followed the rally.

"Why did we choose white? It's so our conscience can tell which one is 'black' and which one is 'white.' We can tell which one is a cicak (lizard) and which one is a buaya (crocodile) or maybe even a Godzilla," Wahyu Suranto, chairman of the Indonesian University Student Executive Body, said.

The terms cicak and buaya became popular after National Police chief of detectives Comr. Gen. Susno Duadji commented on an article published by a national magazine recently with the title cicak kok mau lawan buaya (a lizard fighting against a crocodile).

He made the statement after he was reported to be the next target of the KPK for alleged extortion in the Bank Century-Antaboga case. Speculation was circulating in the media that the KPK, with its wire-tapping authority, had recorded the conversation of a senior police officer asking for payment in connection with the transfer of US$18 million from Bank Century to Antaboga.

The KPK has kept the conversation between the senior police officer and Bank Century as evidence, and has decided to await the results of the ongoing audit by the Supreme Audit Agency on the bank before conducting any further investigations.

Amid the mounting tension between the antigraft body and the police, the latter launched an intensive investigation into the Masaro graft case and, by holding Ary Muladi as a suspect, the police gained information that KPK leaders had alledgedly accepted bribes from the company. After Antasari admitted to meeting Anggoro in Singapore and stated that his deputies were involved in the graft case too, the police decided to grill the KPK deputies

Former KPK deputy chairman Erry Riyana said the police investigation could be targeting certain officials in the graft body because they might have committed wrongdoing in their handling of the Masaro case.

"If the police have no strong evidence, this case may have been raised by design, which is why the KPK chairmen have so much support from the public," he said.

President Susilo Bambang Yudhoyono has declined to interfere in the conflict.

SBY throws support behind besieged antigraft body

Jakarta Post - September 17, 2009

Dicky Christanto and Erwida Maulia, Jakarta – The President made a rare statement of support for the Corruption Eradication Commission (KPK), after the police named two of its leaders as suspects in a corruption case, and as most lawmakers continue to attempt to strip the body of its powers.

Wednesday's statement drew attention as President Susilo Bambang Yudhoyono has kept silent during the course of police investigations into the KPK's leadership since its suspended chairman Antasari Azhar was arrested for murder. The KPK convicted and sentenced many corrupt officials to jail.

"Eradicating graft remains the government's priority. In the past five years we have taken the most aggressive graft eradication measures in Indonesia's history, and I will prioritize the fight against graft over the next five years," the President said on Wednesday.

Before midnight on Tuesday, police named deputy KPK chairman Bibit Samad Riyanto, a former police officer, and Chandra M. Hamzah as suspects after some 10 hours of questioning.

Police said Wednesday that they had solid evidence on the suspects' violation of the Corruption Law, by abuse of power for issuing travel bans against two executives accused of graft; but had no proof that they received bribes in return for dropping their investigations into the corrupt officials. The KPK leaders were not detained as of late Wednesday.

"The evidence strongly indicates misuse of authority by the two KPK leaders leading to the issuance of two important documents for Djoko Tjandra and Anggoro Widjojo," the Director for the Police Anti Corruption Division, Sr. Comr. Yovianes Mahar, said in Jakarta on Wednesday.

He was referring to travel bans issued for Djoko, former owner of PT Era Giat Prima, who was being investigated for graft. Anggoro is the former director of PT Masaro Radiokom and is suspected of involvement in a graft case involving the Forestry Ministry.

Yudhoyono said he would not intervene in the police probe, and that he would find a way to fill the now vacant leadership posts at the KPK.

Yovianes said the police had traced money from Anggoro to a businessman, Ary Muladi, who is suspected of acting as a middleman between Antasari and Anggoro, who allegedly bribed the KPK into dropping its investigation into his company.

"As much as Rp 6.15 billion [US$633,500] was received by Ary Muladi with the promise that the money would be given to some KPK leaders so that they would halt their investigation into Masaro," he said. "But we are still looking for evidence that might link the KPK leaders to the bribery."

Lawmaker Fahri Hamzah from the Prosperous Justice Party (PKS) said all KPK leaders deserved their current misfortune because of their arrogance.

"Don't say that [National Police Chief] Bambang Hendarso Danuri is the mastermind of the recent meltdown of the KPK, the President is." SBY had earlier warned the KPK of its "superbody" status.

Noted scholar Frans Magnis Suseno said the current controversy should not stop the nation's fight against graft. "If the KPK leaders are proven to be corrupt, they should be punished. The President should not merely act as spectator, but do his best to ensure the KPK's authority is not reduced." (hdt)

Indonesian lawmakers poised to strip KPK's authority

Jakarta Globe - September 16, 2009

Febriamy Hutapea – Seven of the 10 parties in the House of Representatives have agreed to diminish the authority of the Corruption Eradication Commission in the pending Anti-Corruption Bill, the Prosperous Justice Party announced on Tuesday.

Nasir Jamil, a legislator with the PKS – a key partner in President Susilo Bambang Yudhoyono's Democratic Party-led coalition – said only the PKS, the National Awakening Party (PKB) and the Reform Star Party (PBR) opposed the move, which would see the powers of the commission, also known the KPK, reduced to an investigative role.

The KPK, which has drawn praise for its efforts to combat endemic graft in Indonesia, currently has the power to investigate and prosecute cases in the Anti-Corruption Court, which has a 100 percent conviction rate. The body has taken down a number of corrupt officials from the previously untouchable Attorney General's Office and, more notably, the graft-ridden House.

Among the KPK's high-profile successes is former Bank Indonesia Deputy Governor Aulia Pohan, Yudhoyono's son-in-law, who received a four and a half year sentence.

The House is debating the Anti-Corruption Court bill. It it passes it its current form, the KPK's authority to prosecute would be stripped. If the bill is not passed by Dec. 19, the Anti- Corruption Court must be disbanded. The current court has its legal basis in a 2002 law, but the Constitutional Court ruled that the mechanism under which the court was established was unconstitutional.

Perceived attempts to weaken the authority of the KPK have met with widespread criticism.

Nasir, speaking at a news conference, told journalists the seven political parties, including the Democratic Party that had campaigned on an antigraft platform, had the support of the Ministry of Defence. The bill is expected to be enacted before the terms of the current batch of legislators expire next week.

Nasir, whose party supports the death penalty for those found guilty of major corruption, said he opposed any attempts to weaken the KPK.

Another PKS legislator, Al Muzammil Yusuf, said the House should not weaken the KPK's authority just because lawmakers have been investigated and prosecuted by the body.

Al Muzammil said the KPK was needed by the country to fight corruption and the KPK should be given appropriate authority. "If our war against corruption fails, I'm worried that our reform process will also fail."

More than half of the representatives debating the bill have been voted out of office and are rushing through as much legislation as possible before their terms run out.

Critics have commented on the handsome bonuses lawmakers receive for enacting legislation.

Police have exceeded powers by naming KPK officers as suspects

Jakarta Globe - September 16, 2009

Nivell Rayda – Legal experts and antigraft watchdogs said on Wednesday that police might have exceeded their power by declaring two executives from the Corruption Eradication Commission as suspects and charging them with misuse of power.

In yet another blow to the independent antigraft body, also known as the KPK, police late on Tuesday evening declared KPK deputy chairmen Chandra Hamzah and Bibit Samad Riyanto as suspects alleged to have violated Article 23 of the 1999 Corruption Law.

In a bizarre twist, however, police said that the violation was connected to the issuance of travel bans by the KPK against two businessmen wanted for alleged involvement in corruption cases, Djoko Tjandra and Anggoro Widjaja.

The article prohibits a civil servant from misusing his power to control the behavior of another person. But Eddy Hiariej, a legal expert from Gajah Mada University in Yogyakarta, said that police had misinterpreted the article completely.

"The article is not open for multiple interpretations. One substantial element missing from the case is the misuse of power itself," Eddy said.

"The issuance of the travel bans was related to corruption cases being investigated by the KPK. Police cannot make a criminal case against the KPK executives for doing their job," he said.

Hasril Hartanto, a legal expert from the University of Indonesia in Jakarta, said that the KPK had the right to request a travel ban from the immigration office as stated in the 2003 KPK Law.

"The KPK had all the necessary legal standing for issuing the travel bans," Hasril said. "The KPK even had a standard operating procedure for issuing the ban. If police want to make a case out of the bans, they should go to the Constitutional Court and try to have the law annulled."

The Constitutional Court has heard motions to have the KPK Law annulled or reviewed seven times since the law was passed. Each time the court upheld the KPK Law and deemed that it "aligned with the constitution."

On Wednesday, the Indonesian Anti-Corruption Society (MAKI) immediately filed for a preliminary trial at the South Jakarta District Court to have the police's decision annulled on the grounds of lack of evidence.

Emerson Yuntho, deputy chairman of Indonesia Corruption Watch (ICW) said that through his inaction, President Susilo Bambang Yudhoyono had supported the police on the "ridiculous charges" against the KPK officers and had thus assisted efforts to weaken the antigraft body.

"The charges are irrational and inappropriate. The president must ensure that police are professional in handling the case and free from political pressure," Emerson said.

Emerson noted that police originally investigated claims by KPK suspended chief, Antasari Azhar, who alleged that several of his colleagues had received bribes from Anggoro in return for not naming the businessman as a suspect in a corruption case. However, police later shifted the investigation to abuse of power due to the lack of evidence to support Antasari's claims.

"The shifting of the investigation showed that the police have not been professional in handling the case and were finding excuses to pin the KPK," he said. "Now that Chandra and Bibit have been declared suspects, the two have to be suspended from their positions, which seriously hampers the KPK."

The two remaining members of the commission, Haryono Umar and Mochammad Jasin, pledged on Wednesday that the KPK would still perform its usual functions to attempt to eradicate corruption. "We remain solid. We are certain that Chandra and Bibit are innocent and we will support them all the way," Jasin said.

War on terror

'It was a gift. The Almighty gave us something bigger.'

Sydney Morning Herald - September 19, 2009

Tom Allard – There was a rather apt detail about the demise of Noordin Mohammed Top in a hail of gunfire in the early hours of Thursday.

On many occasions in the past seven years – most spectacularly in the raid on a farmhouse in Temanggung last month – Indonesian police believed they had found the man responsible for a string of mass casualty attacks in Jakarta and Bali. Yet time and again, they came up empty handed.

As heavily armed commandos descended on a house near the Central Java city of Solo on Wednesday night, cutting the electricity and erecting a 500-metre perimeter as they prepared for a siege, police reckoned they had cornered a key figure, Noordin's senior aide Urwah, but not the kingpin himself.

It was to the delight and surprise of authorities that, as the bodies were pulled from the ruins of a house nine hours later, one clearly resembled Noordin.

"We were chasing another target," Indonesia's ecstatic police chief Bambang Hendarso Danuri told reporters. "It was a gift. The Almighty gave us something bigger."

Since the July bombings of two Jakarta hotels that shockingly broke a four-year lull from terrorist attacks, Indonesian counter-terrorism police dramatically increased an already large manhunt.

For a week in August, they tracked him, at one stage getting some grainy video footage of a man believed to be Noordin. The trail went cold until a breakthrough on Wednesday afternoon with the arrest of two men, Rohmad Puji Prabowo and Supono.

They told police there were "dangerous men" in the house that was later raided and as Supono was a student from Urwah's Koran reading class, police believed it was the long-time associate of Noordin in their sights.

By 11.30 pm, the members of Detachment 88, Indonesia's crack anti-terrorism unit, were in place. Many had been nearby.

Solo, a long-time militant stronghold and favoured hiding place of Noordin, was already under close surveillance. Police had believed that Noordin may have used the mass movement of people returning home to their villages for the Idul Fitri holiday this weekend as a cover to switch locations.

Erry Subagyo, a local police chief, told The Jakarta Post: "We stepped up our security measures after getting this information. In fact, we sent [Detachment 88] members to monitor trains in the area and to watch the flow of people travelling for the holiday."

By midnight, police attempted to break down the door of the house they believed held Urwah. Shots were fired back and a siege ensued until the early morning.

According to a forensic police officer quoted by the newspaper Republika, the state of Noordin's body when it was pulled out on 7 o'clock the next morning indicated he likely died in that first volley of gunfire.

His body was found bent over in the toilet of the house, a handgun and a rifle next to his body, bullet wounds in the back of his head, ribs and thigh.

Beside him was a backpack containing a laptop computer and a pile of documents, a potentially rich source of intelligence on the plans of the network and the whereabouts of members of Noordin's cell who have eluded capture.

Ken Conboy, a Jakarta-based terrorism analyst and author, said Noordin had developed "very good tradecraft about how to remain undetected" after almost seven years on the run.

"After the bombing at the hotels and the Temanggung raid [last month when police incorrectly believed they had found Noordin] there was egg on the face of the authorities," he said. "They redoubled, quadrupled their efforts and brought in some real talent back into the system that had drifted away. It paid off."

Noordin M Top's hideout a real crowd-pleaser

Jakarta Globe - September 18, 2009

Candra Malikm, Kepuhsari (Solo) – Thousands of curious sightseers have flocked to the house where the region's most- wanted terrorist, Noordin M Top, and three other suspects were killed on Thursday morning, making the badly damaged dwelling place into an instant "tourist" attraction.

Some of the tourists came all the way from Jakarta, and even Lampung, parking their cars kilometers away from the now vacant rental property.

"We just arrived from Lampung today. We missed the shootout, but we can still sense the mood," said Eko Purwanto, who came with his father, mother and siblings.

"Our village is famous now as it has been on television and has become a tourist attraction. [I hope] people will continue coming," local resident Haryono said.

Most of the people had come from Solo and surrounding villages. They strained to get a closer look at the house, which is now surrounded by a 4-meter high green fence, and some took pictures of themselves at the scene.

Suparman, from the neighboring town of Banjarsari, said he came to Solo on Thursday morning because he was curious. "After I watched the news on television I came here. I was lucky to hear some gunshots," Suparman was quoted by state news agency Antara as saying on Friday.

Suparman said he was shocked to discover that Solo had been a hiding place for terrorists. "We have to be extra cautious now with newcomers who come to live in our neighborhood," he said.

Another local, Sunaryo, came with his wife. "The house's location is secluded so I understand why terrorists could hide here without people becoming suspicious."

Galang, an 11-year-old boy, walked three kilometers with nine of his friends to see the house. "I want to experience this unforgettable event – my hometown was a terrorist hiding place," he said.

Local residents took advantage of people's enthusiasm by selling food, drinks and other items. A group of men collected "fees" from visitors parking their motorbikes. "I ask for Rp 1,000 [10 cents] for every motorbike and the money goes to the village petty cash," one unofficial parking attendant said.

Mijan Siswo Wiyono, whose home is located closest to suspected terrorists' rental, sold drinks to visitors.

"I know it is the fasting month, but due to hot weather many cancelled their fasting," she said.

"We did not [technically] sell water to visitors but placed bottled water in front of our house and we serve people who really want to buy water," said Mijan, who was charged Rp 2,500 for a glass of iced tea.

Another resident, Sri Widodo, said she and her daughter, Yuli Utami, were interviewed by a fTV reporter about Putri Munawarrah, the pregnant wife of one of the suspected terrorists killed in the incident. Putri was wounded during the siege.

"Yuli and I received Rp 350,000 each after giving a live interview," said Sri, who claimed to know Putri well.

Some Indonesian lawmakers oppose Malaysia-style antiterror law

Jakarta Globe - September 18, 2009

Febriamy Hutapea – Several senior lawmakers on the House of Representatives' defense commission on Friday opposed the government's initial plan to draft laws similar to Malaysia's tough Internal Security Act, which allows the extended detention of terrorist suspects without trial.

Golkar legislator Slamet Effendy Yusuf said the law was not urgently needed and therefore amendments to the existing Antiterrorism Law were more than sufficient to combat terrorism.

Earlier this month, the House, also known as the DPR, and the government agreed to amend the current antiterrorism law to include regulations that could be used to better fight terrorism by focusing on prevention in the field.

The DPR considered the regulations important because they would elaborate on the rules of engagement for the military and police in countering terrorism.

Slamet said an amendment might give "more room" for intelligence agencies to prevent terrorist acts. But he said he hoped intelligence officials could work without violating human rights.

"The amendment should also cover human rights protection because it's important in a democratic country," he said.

Slamet acknowledged he was concerned there would be a public backlash against any attempt to adopt legislation similar to Malaysia's security act, just as many had opposed the state secrecy bill. The government this week asked the House to delay its state secrecy bill draft amid mounting pressure from activists, media and academics.

A senior government official previously said the country was too "soft" on terrorists and was pushing for a Malaysian-style antiterrorism law.

Some have deemed insufficient the police's power to detain a terrorist suspect for only seven days without charge. They say two years, as in Malaysia and Singapore, would be more appropriate.

However, Slamet said Indonesia didn't need to imitate other countries to fight terrorism. "We have our own way. It's proven through the police's track record of killing most wanted terrorist Noordin M Top," he said.

A senior politician of the Indonesian Democratic Party of Struggle (PDI-P), Sabam Sirait, warned the next government and House not to rush legislation aimed at fighting terrorism. Sabam said he felt there were certain moves that could lead to suppressive measures in the near future.

"Whoever leads the government, I hope that he will not introduce the Malaysian or Singaporean-style internal security act," he said during a working meeting between the DPR commission I, which oversees defense, and Defense Minister Juwono Sudarsono on Wednesday.

Applying such laws, Sabam said, would set back the country's efforts to end authoritarianism under the New Order regime and enter an era of reform.

Sabam said adoption of a Malaysia-style security act was far riskier than the state secrecy bill which had been withdrawn by the government.

The National Human Rights Commission has opposed the idea, saying that giving the police extra powers to detain terrorism suspects for two years without charge would be an abuse of human rights.

Reach out to neighbors to fight terrorism, police advise

Jakarta Globe - September 18, 2009

Camelia Pasandaran – National Police Chief Gen. Bambang Hendarso Danuri is urging people to get to know their neighbors better to help fight terrorism, and said the Idul Fitri holiday provided a good opportunity to start.

Bambang said the holiday provides a good opportunity for people to reach out to – and keep an eye on – fellow members of their community.

He said the recent revelation that four alleged terrorists, including Noordin M Top, were living in a village in Solo, Central Java, should encourage people to pay more attention to those who live around them.

"In a residential area near a city, there were [terrorist] activities that could not be detected by citizens," Bambang said, adding that people should familiarize themselves with those next door and report any suspicious activities.

He said in the case of the recent raid, the head of the community admitted that he had only checked the identity card of the terrorist that rented the house, but not others who lived there.

Meanwhile, 200 kilograms of explosives had been found on the site. "Local people failed to monitor and be aware of their activities," he said.

Imam Prasojo, a sociologist at the University of Indonesia said having only loose relations with neighbors is a common characteristic of communities in a "transitional" country such as Indonesia.

"In an urbanized community, neighbors rarely interact," he said. "If we live in a communal community, people know each other in a village. New people would be easily detected," Imam said. "Meanwhile, in the modern or urbanized community, people come and go. It is hard to detect new people in such a community."

He said in most parts of the country, communities are currently shifting between traditional and modern lifestyles, and the administrations have not caught up with those changes.

"The government does not yet hold accurate data about its citizens, as it has not implemented online databases for registration. But police should be more professional in detecting terrorism activities. It is not right to blame the people."

Imam agreed that people should interact more with their neighbors to boost security during the communities' transitions.

"But it is the responsibility of the authorities, such as village head, to improve the registration of new residents. I have my doubts, because the government could not even manage to get the voters list right," he said.

Indonesia urged to stay alert for militant attacks

Reuters - September 18, 2009

Telly Nathalia, Jakarta – Indonesia will release DNA test results to remove any doubt one of Asia's most wanted militants was killed, police said on Friday, as neighboring Australia urged Jakarta to keep up the fight against Islamist extremism.

Police said Malaysian-born Noordin Mohammad Top, the suspected mastermind behind the bombings of the JW Marriott and Ritz- Carlton hotels in Jakarta in July, died on Thursday in a shootout during a raid on a house near Solo in Central Java.

Top's death was confirmed using Malaysian police fingerprint records. Police spokesman Nanan Soekarna said DNA tests on Top's body had been completed but the results may now not be made public until Saturday.

Police were concerned about possible retaliation from militants as Indonesia heads for a holiday next week to mark the end of the Muslim fasting month of Ramadan, Soekarna said. "We must keep on alert," Soekarna said by telephone.

Top, who set up a violent splinter group of regional militant network Jemaah Islamiah, was blamed for attacks in Bali and Jakarta that killed scores of Westerners and Indonesians.

Indonesia, Southeast Asia's biggest economy and the world's most populous Muslim country, had been under intense pressure to capture or kill Top ahead of a planned visit by US President Barack Obama in November.

"I think this reduces the threat level but he (Top) has a network and substantial portions of it remain at large and it's clear that some of his capabilities have been transmitted to members of his network," said Kevin O'Rourke, a Jakarta-based political risk analyst and author.

Badaruddin Ismael, a representative of Top's family in Malaysia, said the family planned to come to Indonesia to pick up the militant's body after a Muslim holiday ends early next week.

'Mass murderer'

Australian Prime Minister Kevin Rudd welcomed the death of Top, who died with three other militants including members of his inner circle in the gunfight in Solo.

"This man has been a mass murderer. He has been responsible for the murder of Australians, and I congratulate the Indonesians on their success," Rudd told Australian radio.

"However, it doesn't leave us in a position where we can feel complacent about the future. Jemaah Islamiah is alive and well, al Qaeda is still alive and well," Rudd said.

Scores of Australians have been killed in attacks by Islamist militants in Jakarta and Bali since 2002.

Sidney Jones of the International Crisis Group said Top was the only leading militant leader in Indonesia still campaigning for implementation of Osama bin Laden's 1998 fatwa on killing Westerners.

It is unclear what Top's actual connections to the wider al Qaeda movement were, but analysts say several in his group may have had links and Indonesian police are investigating whether his network was receiving overseas funding from the Middle East.

Analysts say it is difficult to assess the number of members in Top's group given that it appears to be loosely organized. Any regional links are also unclear although at least two top JI figures fled to Muslim areas in the southern Philippines.

Wanted militants linked to the recent attacks who remain at large include Syaifudin Djaelani, who is suspected of recruiting the suicide bombers for the hotel bombings, and Mohammad Syahrir.

Some analysts said Top's death should also help improve investment sentiment in Indonesia.

"I think this has been a good week for the investment climate. We had the rating upgrade, the value of the rupiah and of course the capture and killing of Noordin Top," said Fauzi Ichsan, an economist at Standard Chartered Bank in Jakarta.

Helped by improved economic and political stability under Yudhoyono, the rupiah is the best performing currency in Asia so far this year, while Jakarta stocks are up more than 80 percent this year and bond prices have also rallied.

Moody's Investors Service also raised Indonesia's sovereign rating on Wednesday by one notch to Ba2 on improving economic prospects.

Peter Fanning of the international chamber of commerce in Jakarta said Top's death may not actually lift investment but could alter the way business is done by making key foreign executives more comfortable about coming to Indonesia.

[Additional reporting by Sunanda Creagh and Olivia Rondonuwu in Jakarta, and by Rob Taylor in Canberra; Writing by Ed Davies; Editing by Bill Tarrant.]

Why Indonesia's war on terror is far from over

Associated Press - September 18, 2009

Hannah Beech – The news felt familiar: after a dramatic shootout in central Java, Indonesian police had managed to corner and kill the region's most-wanted terrorist, Noordin Mohammed Top.

A month after first reporting Noordin's death in another August raid, police announced on Sept. 17 that – this time – they were "sure" that the decapitated body found in the house where the seige occurred was that of the Malaysian fugitive believed to have masterminded everything from deadly Bali bombings and an attack on the Australian embassy in Jakarta to the twin explosions on July 17 that struck two hotels in the Indonesian capital. DNA tests in coming days will confirm Noordin's identity, say police, although the corpse's fingerprints already match those believed to be his. (Read "Inside the Manhunt.")

The presumed end to a seven-year campaign to nab Noordin is rightly being celebrated among Indonesian anti-terror forces, who have already netted more than a dozen other high-profile suspects in connection with the latest hotel bombings.

The captures aren't a one-off occurrence. Four years ago, Indonesian commandoes killed Azahari bin Husin, the key bomb- maker for Jemaah Islamiah (JI), the extremist network that has as its stated goal the creation of a pan-Asian Islamic caliphate. Noordin is suspected of having been a central JI strategist before forming an even more radical, al-Qaeda-linked offshoot that carried out the July hotel bombings.

In addition to these high-profile raids and shoot-outs, Indonesian task forces have focused on a quieter form of battle: winning the hearts and minds of potential extremists by infiltrating their cells and preaching an alternative path or packing them off to re-education camps. The four-year pause in terrorist activity in Indonesia seemed to prove the success of such tactics.

But the July bombings shattered that peace, and laid bare some holes in Indonesia's anti-terror strategy. One of the men believed to have been killed alongside Noordin was Bagus Budi Pranoto, also known as Urwah. An explosives expert, he spent three years in jail in connection with the 2004 Australian embassy attack but was released in 2007 and is rumored to have quickly re-established contact with Noordin. Some terror experts wonder why people like Urwah, who was thought to have devised the July hotel explosives, were not monitored more carefully after serving their jail terms.

There's also the question of how Noordin was able to elude capture for so long, operating with impunity across the Indonesian archipelago but presumably spending much of his time on the populated island of Java. Unlike, say, parts of Pakistan's frontier, where central authorities don't dare to roam because of tribal activity, Java is firmly under Indonesian control. Yet a network of Islamic militants and sympathizers kept the Malaysian shielded, while he resided in several villages. Reports even trickled out of Noordin's recent marriages to young women in Java, one in the aftermath of the July hotel bombings.

And despite being on the run, Noordin and his lieutenants were still able to lure callow youth to their cause. One of the suicide bombers who struck a luxury hotel in Jakarta, for instance, was only 18. Other key planners of the July attacks are believed to include former students at JI-linked pesantrens, or Islamic schools.

In a comprehensive report released last month, the International Crisis Group (ICG), an influential terror and conflict watchdog, warned: "If officials of the [Indonesian] religious affairs ministry visit these schools, as they periodically do, and announce there is nothing amiss, it is because they are not looking in the right place."

Finally, as the ICG report also pointed out, there's the worrisome specter of foreign funding, which appears to have been a crucial ingredient in the July bombings. In particular, Indonesian police are zeroing in on possible money flows from Saudi Arabia and Yemen. The increased integration of Indonesian terror into a global network will make it harder for even the most diligent of Indonesian anti-terror task forces to monitor extremist Islamic activity at home – despite the reported demise of a man as influential as Noordin Mohammed Top.

Terror mastermind Noordin Mohammed Top dead: Indonesia police

Agence France Presse - September 17, 2009

Asian terror mastermind Noordin Mohammed Top was among four people who died in a raid on a militant hideout in Indonesia's Central Java province today, the country's police chief said.

Asked by reporters after meeting President Susilo Bambang Yudhoyono if Top died in the raid, national police chief Bambang Hendarso Danuri said: "Yes, yes... the details are with national police headquarters."

A decapitated corpse now identified as Top's was among four bodies recovered after the early morning raid on a village house in Central Java, an officer of the elite Special Detachment 88 anti-terror squad told AFP.

Loud explosions and gunfire were heard as police raided the rented house at around 7:00 am after a nine-hour siege on the outskirts of Solo city, a stronghold in Central Java of the Jemaah Islamiyah (JI) radical network.

Police spokesman Nanan Soekarna refused to say who was suspected to have been killed but said the bodies were being sent to the capital Jakarta for identification.

"It's true that police took action against seven suspected members of a terrorist group," suspected of involvement in deadly July hotel bombings in Jakarta, Soekarna told reporters. "Four were killed and one person at the scene, the woman, survived and is being treated at a hospital in Solo," Soekarna said.

Police found a cache of grenades in the house as well as eight sacks of explosives, he said. Two other suspects were arrested before the raid including a suspected militant identified as Rohmat, he said.

A police intelligence officer at the site of the raid said those killed included the renter of the home, Susilo, close Top associate Bagus Budi Pranoto, alias Urwah, and suspected bomb- maker Maruto.

Top, a 41-year-old Malaysian who was Southeast Asia's most-wanted man, led radical splinter faction of JI blamed for a string of deadly attacks.

Top led a JI offshoot labeled Al-Qaeda in the Malay Archipelago and was suspected of being behind the July 17 suicide attacks on Jakarta's JW Marriott and Ritz-Carlton hotels. The bombings, which killed seven people including six foreigners, were the first major attacks in Indonesia in nearly four years.

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

If officially confirmed by police, the death of Urwah and Maruto would constitute the loss of key members of Top's network, analyst Noor Huda Ismail said.

"Maruto is the guy who knows how to make bombs," said Ismail, who heads the Institute for International Peacebuilding. "Urwah is the guy who knows recruitment. He is the guy who introduced Top to Mohammed Rais," he said, referring to an operative in the 2004 bombing of the Australian embassy in Jakarta.

A neighbour, Amal, said the raided house had been rented by the dead man Susilo and his wife Putri Munaroh, who was six months pregnant. "Susilo was a nice guy, he moved here six months ago," he said.

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

Jemaah Islamiyah's ultimate goal is to unite Indonesia, Brunei, Malaysia, Singapore and the southern Philippines into a fundamentalist Islamic state.

Top's faction was estranged from JI's mainstream, which has rejected spectacular attacks. But analysts say he has been able to fall back on a network of sympathetic schools and families while continuing to recruit.

Police: Terrorism mastermind Noordin Top dead

Associated Press - September 17, 2009

Imron Rosyid, Solo – Noordin Muhammed Top, a militant mastermind who eluded capture for nine years and terrorized Indonesia with a string of deadly al-Qaida-funded bombings, was killed during a raid in central Indonesia, the country's police chief said Thursday.

Police hunting for suspects in Jakarta hotel bombings raided a hide-out in central Indonesia, sparking gunfire and an explosion Thursday that left four suspected militants dead, including Noordin, national police Chief Bambang Hendarso Danuri said. Three alleged terrorists also were captured.

Noordin's remains were found in the house on the outskirts of the town of Solo in central Java after the hours-long gunfight, he said. Fingerprints of Noordin's stored on a police database matched those of the body, Danuri said. DNA tests have not yet been conducted.

"It is Noordin M. Top," he told a nationally televised news conference to loud cheers from the audience. Documents and laptop computers confiscated from the house prove that Noordin "is the leader of al-Qaida in Southeast Asia," he said.

Hundreds of pounds (kilograms) of explosives, M-16 assault rifles, grenades and bombs were removed from the house as ambulances shuttled away the dead and injured. "We asked Noordin M. Top to surrender, but they kept firing," Danuri said. "That is how he died... he even had bullets in his pockets."

Noordin, a Malaysian citizen, fled to Indonesia in 2002 amid a crackdown on Muslim extremists in Malaysia in the wake of the Sept. 11, 2001, attacks in the United States. He was linked to bombings on the Indonesian resort island of Bali in 2002 and 2005 that together killed 222 people, mostly foreigners.

"The most dangerous terrorist in Southeast Asia has been put out of commission," said Jim Della-Giacoma, Southeast Asia project director for the International Crisis Group think tank.

"It would have been better if police had managed to arrest him alive, but it appears that this was not an option," he said. "Unfortunately, Noordin's death does not mean an end to terrorism in Indonesia, though it has been dealt a significant blow."

Noordin, who is accused of heading a splinter group of the al- Qaida-funded regional terror group Jemaah Islamiyah, has been implicated in every major attack in Indonesia since 2003, including a pair of suicide bombings at Jakarta's J.W. Marriott and Ritz-Carlton hotels in July that killed seven people and wounded more than 50.

He is also blamed for an earlier attack on the J.W. Marriott in 2003 and a bombing at the Australian Embassy in 2004.

A counterterrorism official said the militants killed Thursday included alleged bomb-maker Bagus Budi Pranato. The captured militants included a pregnant woman who is being treated at a hospital, national police spokesman Nanan Sukarna said. She was in stable condition.

Police tracked the seven suspects to the town of Solo and besieged a village house on its outskirts overnight. The raid ended near daybreak when an explosion occurred inside the home, Sukarna said.

The operation left behind a charred house with no roof and blown-out walls. The bodies were flown to Jakarta for autopsies.

Muslim organisation labels terrorism raid 'inappropriate'

Jakarta Globe - September 17, 2009

Nurfika Osman – The deputy chairman of Indonesia's largest Muslim organization, Nahdlatul Ulama (NU), said that a police terror raid operation in Solo on Thursday morning was "inappropriate" and "exaggerated" because there were casualties and a pregnant woman was among the wounded.

"Densus 88 [counterterrorism squad] shouldn't have killed the suspects and should have captured them alive instead because they would have been more useful that way," Masdar F. Mas'udi said.

Masdar said that NU regretted the police action because it may have disturbed Muslims who were preparing to celebrate Idul Fitri.

Jaleswary Pramudhawardani, a military expert from the Indonesian Institute of Sciences, voiced the same concern.

"Police and Densus 88 should not have shot them [the terror suspects] because capturing them alive would have been more useful for the investigation process to unravel the whole terrorism network," Jaleswary said.

According to her, violence should be the last resort because police should be concerned about the safety of the public.

"In every terrorism raid, part of the public domain is disturbed. We have to take this into consideration to avoid public from being agitated and restless," she said.

The raid took place when the government seemed to be in an uncomfortable situation regarding several issues such as the Bank Century bail out and two controversial bills, namely the Anti- Corruption Court Bill and the State Secrecy Bill.

"The possibility that it was meant as a distraction from certain issues will always exist, but I don't want to speculate," Jaleswary said.

The rise and fall of terrorist Noordin M Top

Bloomberg - September 17, 2009

The death of wanted terrorist Noordin M Top in a raid in Central Java on Thursday marks the end of a police chase for a man who the US State Department once said was a suspect in every major anti-Western attack in Indonesia since 2002.

Noordin, who previously escaped police shootouts in which his associates died in 2005 and again last month, was the leading suspect in July 17 attacks at the JW Marriot and Ritz Carlton hotels in Jakarta that killed nine people, including two bombers.

He was also the suspected mastermind behind the bombing of a nightclub in the largely Hindu resort island of Bali seven years ago that killed 202 people, 88 of them Australians. Three men convicted of that attack, Amrozi, Imam Samudra and Ali Ghufron, were shot by firing squad in November last year.

Noordin was born in 1968 in Malaysia's Johor state, neighboring Singapore. At about the age of 27, while studying for a master's degree at nearby Universiti Teknologi Malaysia, he started attending lectures at a boarding school set up by regional terrorist group Jemaah Islamiyah, according to International Crisis Group (ICG), a Brussels-based organization that provides advice and analysis on resolving conflicts.

The school became a nerve center for JI, which advocates jihad to establish an Islamic caliphate ruled by Shariah law in Malaysia, Indonesia, southern Philippines and southern Thailand. Its associates included Abu Bakar Bashir, JI's spiritual adviser who was implicated in the 2002 Bali bombings, and Hambali, a suspected terrorist held by the US at Guantanamo Bay.

Noordin became director of the boarding school, which had 350 students at one point, after authorities said it would be shut down unless it had a Malaysian director, according to ICG. Authorities closed the school shortly after the Sept. 11, 2001, terrorist attacks, and Noordin headed to Indonesia.

He settled with a friend from the school in Central Java, Indonesia's most populated island, where they ran a repair shop for automobile shock absorbers. From there he moved throughout the island and set up teams that bombed Jakarta's JW Marriot in 2003 and the Australian Embassy the next year, ICG said.

The FBI, which has been seeking information on Noordin, called him "an officer, recruiter, bombmaker and trainer" for JI who helped carry out three attacks in Indonesia between 2002 and 2004 that killed almost 300 people.

In 2004, Noordin began to split from JI's core leadership, many of whom were arrested or hiding from Indonesian authorities. He trained three suicide bombers before they carried out a 2005 attack in Bali that killed 20 other people.

Three other suspects were killed in the Sept. 17 raid, and three people arrested, police said. Police found documents, surveillance tools, firearms and 200 kilograms of explosives.

Noordin escaped raids on Aug. 8 in which three suspected militants were killed and a plot to bomb President Susilo Bambang Yudhoyono's residence was foiled, police said.

Noordin's death comes closely after other international victories against terrorists this month.

Saleh Ali Saleh Nabhan, who was wanted by the FBI for questioning in attacks on a hotel and an airliner in Mombasa, Kenya, in 2002, was killed by US special forces in a commando raid in Somalia on Sept. 15.

In Pakistan, al-Qaeda's allies, the Taliban, have been retreating from an army offensive in the Swat valley. The army said on Wednesday that 54 terrorists had either been captured or surrendered in the preceding 24 hours, including leader Sher Muhammad Qasab.

The government says the Taliban are in disarray after losing control of Swat in June and suffering the death last month of Baitullah Mehsud, the movement's overall leader in Pakistan. Mehsud was killed in a US missile strike on his home in South Waziristan, the Taliban's biggest stronghold.

Islam/religion

Muslim leader criticizes Japanese porn star film invite

Deutsche Presse Agentur - September 18, 2009

A Muslim leader on Friday criticized an Indonesian production company for inviting a Japanese adult video star to appear in its new film, a report said.

Indonesian media reported on Thursday that porn star Maria Ozawa, also known as Miyabi, was to visit Indonesia next month for the shooting of a film titled "Menculik Miyabi" ("Kidnapping Miyabi") to be produced by Jakarta-based Maxima Pictures.

"I suggest they not use the porn star, even if the film is not pornographic," Amidhan, chairman of the Indonesian Council of Muslim Scholars, was quoted as saying by the Detik.com news portal.

"It could give Indonesia a bad image for inviting a porn star," said Amidhan. "It is as if there were no other stars at home."

In the film, the character played by Ozawa is kidnapped while visiting Jakarta by three Indonesian university students who are infatuated with her.

Government/civil service

SBY to give defense portfolio to professional

Jakarta Post - September 19, 2009

Erwida Maulia, Jakarta – President Susilo Bambang Yudhoyono made it clear on Thursday night that while some posts in the next Cabinet would be filled by political party figures, others would not.

Among positions unavailable for party figures, Yudhoyono said, are the defense minister, heads of state enterprises, the attorney general and the head of the State Intelligence Agency.

"This is to prevent conflicts of interest; there are some positions I think would be better filled by non-party figures so as to avoid suspicion," the President said after a fast-breaking dinner with journalists at the Presidential Palace.

"This or that person maybe a good, honest figure, and (eligible) to manage resources. But, because he comes from a political party, suspicions are raised that he will use his position to benefit his party. That is what I want to avoid."

Yudhoyono added that, nevertheless, with the country adopting a multiparty system aside from its presidential system, the Cabinet he will lead for the next five-year period would be a combination of party representatives and professionals with no party background.

Earlier, he said party representatives would come from members of the coalition his Democratic Party (PD) established with other parties before the July 8 presidential election, which gave Yudhoyono and his running mate Boediono a landslide victory.

The coalition consisted of the Democratic Party, the Prosperous Justice Party (PKS), the United Development Party (PPP), the National Mandate Party (PAN) and the National Awakening Party (PKB). The PKS, winning seven percent of the total vote in the legislative election, has expressed their optimism that the President would give party members more seats in the Cabinet.

Apparently for fear of being surrounded by green parties, Yudhoyono has invited the Golkar Party and the Indonesian Democratic Party of Struggle (PDI-P) to join to form a strong government in the next five years.

Yudhoyono said his next assistants – either Cabinet ministers or heads of state agencies – must agree with the 100-day programs, the five-year action plan, the integrity pact, the performance contract and coalition's rules of play (for partisan figures) that he was completing with Boediono.

"I have completed the draft for the integrity pact and performance contract between me and those I will pick (for the Cabinet). I have time lines and goals that each department and ministry must achieve; some are quantitative and others are qualitative goals. The ministers will have valid references (for their job)," Yudhoyono said.

He said those offered positions in the Cabinet must agree with the terms before they could assume the posts.

Yudhoyono said he would rearrange the structure of the Cabinet for the next five-year term, as his first term had given him a better understanding of which Cabinet functions ran well and which overlapped and caused budgetary inefficiency. "In some cases, it is not clear who is responsible for what and, in others, things are not streamlined. Job descriptions and departmental responsibilities must be clearly defined.

"I want a more effective Cabinet and a higher success rate," the President said.

Opposition party an alien idea, poll finds

Jakarta Globe - September 18, 2009

Febriamy Hutapea – A new survey appears to back the view that mainstream political parties in this country are often indistinguishable from one another and could encourage opposition parties to join the cabinet.

The Indonesian Survey Institute poll found that 60.1 percent of 1,220 respondents throughout Indonesia could not even say what constituted an opposition party. The survey found that only 17.9 percent of respondents believed there was an opposition, while 22 percent believed there was no opposition.

Indo Barometer conducted a survey in late August that found that a majority of respondents who voted for the losing parties in the April legislative elections now wanted their parties represented in President Susilo Bambang Yudhoyono's next cabinet.

A total of 40 percent of respondents also said it would be better if all political parties had representatives in the cabinet, according to the survey.

Lili Romli, a political analyst from the Indonesian Institute of Sciences (LIPI), said political parties should not use the results of the surveys to legitimize joining the government. "Democracy requires checks and balances so there should be a party that distances itself from the government," he said.

Lili said people's ignorance of the concept of opposition parties was partly because the current main opposition party, the Indonesian Democratic Party of Struggle (PDI-P), had failed to set a good example.

"The differences which [PDI-P] demonstrates are sometimes not substantial. The criticisms sometimes end up being about political bargaining or power sharing," Lili said.

Lili said criticisms from the opposition party should be based on analysis and delivered carefully because many people still see differences or conflict as taboo.

Reviewing the results of LSI's survey, political analyst Bima Arya from Charta Politika, a private political consultancy, said Indonesia was still searching for the right format for its governmental system.

Analysts worried about next government

Jakarta Post - September 19, 2009

Jakarta – Political analysts expressed concern Thursday that President Susilo Bambang Yudhoyono's aim to ensure that his next presidential term runs more smoothly by embracing both coalition partners and the oppositions could endanger democracy.

"The president's moves are highly influenced by the Javanese political culture. In Javanese culture, the ruler tends to bring everyone together," a political expert from the University of Indonesia, Boni Hargens, said at the House of Representatives in Senayan, Jakarta, on Thursday.

"The president interprets that the essence of democracy is having everyone together in harmony to achieve a collective goal," he added. "However, in democracy, having differences and conflicts is not forbidden. Instead, those elements should be included in a healthy democracy."

As of now, Yudhoyono's bloc consists of the Prosperous Justice Party (PKS), the National Awakening Party (PKB), the National Mandate Party (PKB), and the United Development Party (PPP). All of those parties are Islamic-based parties, which have a relatively different political stance from Yudhoyono's nationalist Democratic Party.

Following the victory in the July 8 presidential election, the incumbent Yudhoyono and his Democratic Party have also been moving around the country's political landscape to expand their coalition size.

For example, several noted Democratic Party executives said that the party would endorse the candidacy of Taufik Kiemas, the chief patron of the Indonesia Democratic Party of Struggle (PDI-P), to become the next People's Consultative Assembly (MPR) speaker.

Taufik is the husband of PDI-P Chairwoman Megawati Soekarnoputri, who stands on different ground than Yudhoyono and has set up her party as the opposition bloc in the House of Representatives in the last five years.

A recent unofficial cabinet list also contained the name of Prabowo Subianto, the chief patron of the Greater Indonesian Movement Party (Gerindra), to be named as the next Agriculture Minister.

Prabowo was Megawati's running mate during the election and had openly criticized Yudhoyono as a "neo-liberalist agent" many times during their campaign rallies.

Boni said that he would be very upset and disappointed should both Gerindra and the PDI-P give up their idealism in exchange for high places in the new government.

"For the sake of democracy, I hope both the PDI-P and Gerindra will not be lured by cabinet seats and power-sharing offers from the Democratic Party," he said.

Despite the worries coming from experts that Yudhoyono's aim to achieve an effective presidential term could translate into an authoritarian regime, Charta Politika Executive Director Bima Arya Sugiarto said that it was hard to predict the president's real purpose.

"It is difficult because SBY thinks in the context of long-term benefits, not short-term," he said. (hdt)

$4.7 million 'too much' for inauguration

Jakarta Globe - September 18, 2009

Camelia Pasandaran – A government watchdog is claiming that the government is spending too much money – at least $4.7 million to inaugurate new members of the House of Representatives and the Regional Representatives Council.

Roy Salam, a researcher at the Indonesian Budget Center, said that there was no reason to source money for the Oct. 1 inauguration from three different institutions, saying that the General Elections Commission (KPU) should simply pick up the tab by itself.

The KPU has set aside Rp 11 billion ($1.1 million) to swear in 560 lawmakers. The House has also allocated an additional Rp 28.5 billion for the event, while the Regional Representatives Council (DPD) has set aside Rp 6.5 billion.

The House inauguration budget, which covers all of the legislators' costs, includes Rp 2 million in pocket money for each lawmaker to spend as he or she saw fit.

Roy said the KPU had set aside enough to cover all of the necessary expenses, however. "The House and the DPD should not provide funds for the inauguration," he said.

"They should return this money to the state. The inauguration should be handled by the KPU, not the House, because these new lawmakers are not yet House members – this is part of the election process."

The IBC said that even the KPU budget of Rp 11 billion was excessive.

According to the center's calculations, costs such as hotels, bus rentals, clothing, bags and additional spending money would account for just 29 percent of the total amount of money that has been allocated.

Roy said that once all of the necessary costs for the inauguration had been calculated, an additional Rp 6.2 billion was still left over with no discernible purpose. He said it was clear that the KPU had set aside more than enough money to help new lawmakers move to Jakarta.

Roy was also critical of other items included in the KPU's inauguration budget, which he said breached Finance Ministry regulations on state funding.

"They have allocated too much," he said. "For hotel expenses alone, the KPU has allocated more than the maximum allowable budget."

He also said that because the incoming legislators were still not officially House members, it would be unwise to provide them with pocket money. "It can be dropped from the budget because the KPU has covered all of their spending needs," he said.

"Or the KPU could reduce the amount to Rp 150,000 a day, the same amount that House members are given to cover costs if they have to travel to visit their constituencies."

But Suripto Bambang Setiadi, the secretary general of the KPU, said that the amount of funding set aside for the inauguration was within reason.

"It's our obligation to cover all of the expenses of the new House members for their orientation and inauguration," Bambang said. "This is part of their job."

KPU member Abdul Aziz said he did not know if there was overlap. "What we need to do is our part, not that of other institutions," he said. "It is not our obligation to coordinate budgets with other institutions."

Nining Indra Saleh, who chairs the House's general secretariat, declined to comment on the matter.

Survey says House legislators 'disappointing'

Jakarta Post - September 17, 2009

Jakarta – The public says the 2004-2009 House of Representatives has performed unsatisfactorily, a new survey reveals.

"Only 52 percent of respondents were satisfied with legislators' performance," Indonesia Survey Institute (LSI) senior researcher Burhanuddin Muhtadi said Thursday at a press conference at the House. "This means the public has rated the legislators C- or D+."

The survey was conducted in two segments. The first segment surveyed the general public from the lower income bracket. Sixty percent of the total 1,240 respondents had only an elementary school education.

The second segment was aimed at those from the middle and higher income brackets. Using this method, the LSI surveyed 410 respondents.

"The percentage I was talking about previously was the one from the first segment of survey," Burhanuddin said. "Respondents from the second segment had an even more scathing evaluation of the House, because they were mostly more critical and well-informed."

The survey showed 59.7 percent of second-segment respondents were disappointed with the legislators' performance.

Priyo Budi Santoso, chairman of the Golkar Party at the House, said that as a legislator, he would take the survey's results in stride. "The difficult thing about being part of the House is that when one of us messes up, all the legislators get hit by the fallout," he said. (hdt)

Four welfare ministers slammed for poor records

Jakarta Post - September 16, 2009

Erwida Maulia, Jakarta – Four welfare ministers have been slammed for their failure to improve the quality of life of Indonesians over the past five years despite increases in budget.

A coalition of NGOs calling itself the Coalition for a Pro- Democracy Cabinet said National Education Minister Bambang Sudibyo, Health Minister Siti Fadillah Supari, Manpower and Transmigration Minister Erman Suparno and State Minister for Women's Empowerment Meutia Hatta did not deserve a second term in the Cabinet for their below-par performance.

"Indonesia ranks 107th out of 179 countries in terms of the human development index, and the index [0.682] is among the lowest in Southeast Asia.

"Meanwhile, its gender development index [0.677] still shows disparity between men and women in terms of education, health and salaries," Ida Ruwaida, a coalition member from University of Indonesia's School of Social and Political Sciences, said, citing a 2007 UN report.

"From these parameters, it is evident that over the last five years people's needs for prosperity have not been satisfactorily fulfilled; and this is connected to the performance of the ministries," she added.

The Ministry of Education, Ida said, had failed to positively correlate the increase of the education budget with improvements in the quality of education.

The ministry, now a government department receiving the largest proportion of state expenditure, had enjoyed a considerable increase in its budget from Rp 25.2 trillion (approximately US$2.5 billion) in 2005 to Rp 61.5 trillion in 2009, but there had been no significant improvements in a number of education parameters, including school dropout rates and the condition of school buildings and facilities, she said.

Febri Hendri from the Indonesia Corruption Watch (ICW), another coalition member, highlighted Bambang's failure to eradicate rampant corruption in the education sector.

"Not to mention the policies that cannot solve existing problems, such as the final school exam and school textbook policies," he said, adding that he gave Bambang a score of 4 out of 10 for his performance over the 2004-2009 period, the same score he gave for Siti Fadillah.

"Siti failed to prevent graft in her department, such as the alleged graft in the procurement of the Rontgen machines for community health centers in 2005, and in the procurement of health equipment for bird flu-related programs," Febri said.

Wahyu Susilo of the International NGO Forum on Indonesian Development said the ministry had failed to suppress Indonesia's maternal mortality rate.

Wahyu said, quoting a recently published report from the Asian Development Bank, that the maternal mortality rate in Indonesia had increased from 307 deaths per 100,000 births in the early 2000s to 420 deaths per 100,000 in 2009.

The Manpower and Transmigration Ministry was also consideredbelieved to have performed poorly with its failure to produce any policies that could protect Indonesian migrant workers overseas and domestic workers.

The Office of the State Minister for Women's Empowerment was deemed as having had no clear understanding of its role to mainstream gender issues in every sector.

The NGO coalition urged Yudhoyono to appoint welfare ministers who were professional in their respective fields for the next Cabinet.

Media/press freedom

Global media principles launched in Jakarta

Jakarta Post - September 19, 2009

Harry Bhaskara, Jakarta – A set of global guidelines on freedom of expression in the media – a key element of democracy – were launched Thursday in Jakarta as part of a UN initiative by the Independent Journalists Association and representatives from international and local NGOs.

In February this year in the English town of Camden, UN officials and experts in international human rights law devised the terms for the principles in conjunction with London-based NGO Article 19.

Since then, the principles have been introduced in many countries worldwide, with Indonesia chosen as the location to launch the initiative for Asia.

Toby Medel, a senior legal counselor with Article 19, presided over the launch at the Hotel Nikko with Bambang Harymurti from Tempo magazine and Agus Sudibyo from the SET Foundation.

The freedom of expression and equal opportunity allow everybody to make their opinion known and are crucial when interpreted by the media.

"I see these (principles) as key elements of universal human rights. Without these freedoms securely in place, it can become easy for the media to stereotype some minorities," Toby said.

Too often, he said, these elements collide in the media, creating dire consequences for the public. The proper upholding of these rights however will ensure democracy, safeguard human dignity and promote international peace and security, he said.

The challenge faced by the media when interpreting freedom of expression is to ensure hate speech is not allowed to flourish, Toby said. Clear and holding guidelines based on international standards are required to prevent this from occurring.

Everyday prejudices, stereotypes or negative opinions when conveyed in the media to not automatically translate into hate speech, Toby said, but they should be avoided.

"These comments are not hate speech unless they have the inten- tion of spreading hatred or motivate people to commit a violent act," he said. "When someone attacks ideas or views, not an individual, this is not a breach of the Camden principles," Toby said.

The principles apply to public information that leads to attacks on people, he said.

Similarly, articles or information about terrorist ideology cannot be banned. "But when the articles incite people to commit terrorism, this will be in violation of the Camden Principles," he said.

The 12 principles cover four broad topics including legal protection for equality, freedom of expression and the right to be heard.

Film & television

Filmmakers consider taking law to court

Jakarta Post - September 19, 2009

Jakarta – Filmmakers, both independent and mainstream, say they need to unite in their fight against the newly passed film law, deemed by the film community as an instrument to restrict creativity and freedom of expression.

"It was because the film industry was not unified in monitoring its deliberation at the House of Representatives the law was passed in the first place," filmmaker Garin Nugroho told The Jakarta Post on Friday.

"Therefore, the movie community must now be more united in fighting the law. We should learn from the group of civil organizations that stood solidly together and succeeded in preventing the controversial state secrecy bill from being passed. The anti-secrecy coalition consisted of at least 10 major civil organizations," he added.

Filmmaker Ratna Sarumpaet said the industry realized it needed better consolidation to fight the law.

"We just need a leader or someone to organize it. If we want a strong case, we will have to wait until a problem arises as the bill's articles are implemented," she said.

"For example, I believe the stipulation that rules all domestic cinema owners must allocate 60 percent of their movie slots to local movies will cause problems in the film industry."

Filmmakers said the ruling would merely trigger the production of a massive quantity of films lacking in terms of quality.

Jero Wacik, who was the tourism and cultural minister when the bill was being deliberated in August, said the local film slot ruling did not mean to interfere in cinema owners' business policies, but aimed to motivate local filmmakers to be more productive.

Ratna believed the law's overall spirit had deviated from its original spirit, which was to empower the nation's film industry. "There are too many restrictions in the law. I suspect that a number of people with vested interests, such as receiving project 'kickbacks', are behind the passage of this law," she said.

The law stipulates that movie producers have to acquire operational permits from the ministries and local administrations before making a movie; a production house must report its plan, the title and scenario to the ministry. Article 48 stipulates only certified filmmakers are allowed to make movies.

Ratna said she regretted the fact House legislators had neglected to actively involve film industry players during the deliberation of the law.

Independent filmmaker Paul Augusta said non-mainstream filmmakers would continue working to express themselves, with or without the film law. "Expression is a basic human right. We will continue to work no matter what the government says," he said. (hdt)

Economy & investment

SBY breaks silence on Bank Century, says Kalla oversaw bailout

Jakarta Globe - September 18, 2009

April Aswadi & Muhamad Al Azhari – President Susilo Bambang Yudhoyono has broken his long silence over the controversy surrounding the Bank Century bailout, saying he had officially entrusted the handling of the case to Vice President Jusuf Kalla.

When the small lender's condition went from bad to worse in mid- October, Yudhoyono was at a G-20 meeting in Washington. The president said that Finance Minister Sri Mulyani Indrawati, who was with him, had informed him of the situation and had said immediate government action was necessary to protect the country's economy.

Yudhoyono said he immediately sent Sri Mulyani back to Jakarta to deal with the problem.

"The vice president was here [in Jakarta]. I gave the order to the vice president to handle the matter, and to the finance minister to save [the economy] from any turbulence," Yudhoyono said during a fast-breaking event on Thursday.

"There was a situation that needed a quick and accurate response," he said, adding that the emergency law on the financial safety net, issued in October, provided a legal basis for the response.

On Sept. 3, State Secretary Hatta Rajasa said Yudhoyono was fully aware that the decision on the Century bailout had been "for the sake of the national economy."

Several days earlier, Kalla, who will end his term on Oct. 20, slammed the Financial System Stability Committee's (KSSK) decision to bail out Century. Kalla also denied having prior knowledge of the bailout, saying he was only informed afterward by Sri Mulyani and Vice President-elect Boediono, who was the governor of Bank Indonesia at the time.

KSSK, concerned that Century's collapse could drag down the entire financial system, on Nov. 21 ordered the Deposit Insurance Agency (LPS) to take over the lender. LPS injected Rp 2.77 trillion (285 million) into the bank on Nov. 23, but in August it came out that a total of Rp 6.76 trillion had been injected into Century, far above the Rp 1.3 trillion ceiling for bank bailouts set by the House.

Kalla has claimed to have told Boediono that since Century was a criminal case, with the bank's owners fleeing with customers' money, he should report it to the police, and that Boediono replied there was no legal basis to arrest the owners.

Dissatisfied with the response, Kalla says he then ordered the National Police chief to arrest the owners "before they escaped."

Yudhoyono vowed not to interfere in the legal proceedings or the ongoing audit investigation by the Supreme Audit Agency (BPK). "Should there have been any crime committed in relation to Bank Century, don't let it go unpunished," he said.

Moody's upgrades Indonesia's sovereign debt ratings

Bloomberg - September 16, 2009

Indonesia's foreign and local-currency sovereign debt ratings were upgraded on Wednesday to Ba2 from Ba3 at Moody's Investors Service, which cited the nation's economic resilience.

Indonesia's relatively strong resilience to the global recession as well as its healthy medium-term growth prospects prompted the rating upgrade, Aninda Mitra, Moody's vice president and sovereign analyst for Indonesia, said in an e- mailed statement today.

The nation's improving economic management and its "appropriate policy stance" also highlight "the growing credibility and predictability of government policies," Mitra said.

Indonesia's economy expanded 4 percent in the second quarter from a year earlier, the fastest pace in Southeast Asia, as its reliance on domestic consumption helped cushion the impact of falling exports. The World Bank on Sept. 14 raised its growth forecast for Indonesia's economy to 4.3 percent from 3.5 percent.

Analysis & opinion

Indonesia strikes a blow against terror

Asia Times - September 19, 2009

Sara Schonhardt, Jakarta – Police dealt a blow to Indonesia's main terrorism network Thursday after confirming the death of top-ranked Islamic militant Noordin Mohammed Top following a raid on a home in Central Java.

The raid was carried out by Detachment 88, the anti-terror arm of the national police force which has received training and assistance from the United States and Australian governments. It represented the counter-terror squad's latest attempt to root out the al-Qaeda-linked network, Jemaah Islamiyah (JI).

JI is believed to have orchestrated the twin bomb attacks on the Jakarta-based JW Marriott and Ritz Carlton hotels on July 17. The bombings were the first in nearly four years after a string of attacks that started in 2002 at a popular nightclub in Bali that killed more than 200 people, mostly foreign tourists.

Three other terror suspects were captured in Thursday's operation, a police spokesman told reporters. A series of raids and arrests have occurred across the country since the hotel bombings that killed seven and wounded more than 50 people.

The dragnet has led to the death and detention of several more suspects, including migrant workers suspected of traveling to the Middle East to bring back funding for terror operations, a Garuda airline technician and a reputed high-level associate of Top's.

Analysts say Thursday's high-profile hit is good news for Detachment 88, which has had a difficult time winning support among a population that is typically suspicious of police operations.

"This is a major achievement in Indonesia's counterterrorism efforts," said Rizal Sukma, executive director of Indonesia's Center for Strategic and International Studies. He said that Top's killing eliminated a major threat before United States President Barack Obama's expected visit to Indonesia in November.

Taken together, the developments have increased expectations of what the police can achieve, said Rizal, expressing his hope that the internationally lauded operation will improve the morality and credibility of the police, an institution long associated with corruption and inefficiency.

After an early morning firefight on Thursday, the siege made headlines across the world and immediately stirred rumors that one of Southeast Asia's most wanted and dangerous militants was killed in the attack.

Authorities claimed two separate but similar operations on August 8 that helped foil a plot to kill President Susilo Bambang Yudhoyono raised expectations carried over the media that Top had been killed. When police later searched the sites of the attacks, however, Noordin was not among the three killed.

That apparent failure stirred debate over the need for cooperation between the police and the military (TNI). In mid- August, Yudhoyono said that the Indonesian military deserved a "place" in the fight against terrorism, but the effort remained in the hands of civilian law enforcement.

Thursday's raid comes after weeks of intelligence work by the police and civil authorities, said Noor Huda Ismail, a terrorism expert and vice president of security consultant Sekurindo Global Consulting. "[Top's] death suggests that there is no need for TNI to play an internal security role in Indonesia," Rizal said.

Ikrar Nusa Bakti, a political analyst from the Indonesian Institute of Sciences, raised some suspicions about the timing of the operation when he told the Jakarta Globe that he hoped the raid was not specifically aimed at revamping the police's image, which is currently suffering over a dispute between senior police officers and the independent Corruption Eradication Commission after the latter accused police of trying to discredit its mandate.

Still, Indonesia has done well to stem terrorist attacks in this majority Muslim nation of 240 million since Yudhoyono took office in 2004 on a platform that included tougher anti-terror initiatives. Compared to his predecessor, Megawati Sukarnoputri, Yudhoyono has taken a more proactive approach to rooting out militants.

For instance, discussions on national security now tend more toward addressing the root causes of terrorist attacks. "My concern is not so much in catching Noordin Top," Defense Minister Juwono Sudarsono said during a recent security panel discussion with the country's top terrorism experts. "I am more concerned with his example as a Robin Hood figure."

Juwono said poverty and unequal development marginalizes certain sectors of society, making economically frustrated young men targets for recruitment among extremist groups. Top was known for recruiting his members from different disaffected groups around Indonesia's main island of Java.

According to Sidney Jones, a Southeast Asia analysts with the International Crisis Group (ICG), family links may be even more important than economic factors. Schools, medical clinics and even publishing houses have been shown to have significant connections to Top's network, a splinter group of JI.

The ICG mentions in particular the magazine an-Najah and Muqowama, a company that reputedly produced al-Qaeda videos with Indonesian subtitles. At the end of August, police also arrested Mohamad Jibril, owner of publishing company Ar-Rahmah Media, on suspicion that he helped arrange funding for the July 17 bombings, according to ICG.

The house targeted in Thursday's attack belonged to a young couple, both teachers at an Islamic boarding school, local village chief Suratim told the Associated Press. Although analysts are uncertain about the actual size and reach of Top's network, ICG predicts it is much bigger and more sophisticated than many analysts suspect.

Jones estimated in a recent panel discussion that Top's network had a minimum of 30-40 followers. She also said that radical groups known to recruit in Central Sulawesi have expertise in sharp shooting and targeted assassinations.

Others say the group is more a collection of small factions that are not particularly cohesive. "The problem police are now facing is the presence of splinter groups that lack single coordination, making them harder to root out," Rizal said.

The ad hoc nature of Top's support base makes it difficult to track, and, say many analysts, requires additional support from the local police and community leaders to monitor the operations of radical groups in their areas. Top provided the ideological inspiration that drove recruitment into his network, said Rizal, speculating about the impact his death would have on the future of terrorism in Indonesia.

"Of course, there are still a number of elements at large and who knows what they've learned," he said.

[Sara Schonhardt is a freelance writer based in Jakarta, Indonesia. She has lived and worked in Southeast Asia for six years and has a master's degree in international affairs from Columbia University.]

Noordin's cell remains to groom recruits

Sydney Morning Herald - September 18, 2009

Tom Allard, Jakarta – The death of Noordin Mohammed Top is unquestionably a fantastic result for Indonesia's counter- terrorism authorities.

After so many false hopes and close calls, they have removed the most dangerous fugitive in South-East Asia, a man whose remarkable ability to elude capture had done so much to reinforce his claims to be carrying out the divine work of Allah on behalf of oppressed Muslims.

Moreover, since the twin suicide bombings that ripped through the JW Marriott and Ritz Carlton hotels in July, police have rounded up or killed more than a dozen members of Noordin's cell, including financiers, recruiters, bomb makers and propagandists.

But amid the euphoria of his demise, just as Indonesia's 200 million odd Muslims prepare to return to their villages and home towns to celebrate Idul Fitri, it is worth striking a note of caution.

The hotel bombings were a sober reminder that Noordin's network was more extensive than most had thought. Militants who had been imprisoned and served their term had rejoined his cell. Other young Indonesian men had been recruited in the four-year lull since the previous terrorist attack in Indonesia, the 2005 restaurant and bar attacks in Bali.

The ingredients remain for the terrorist cell – known as al- Qaeda for the Malay Archipelago – to regroup.

First, it seems to have a channel of funding from the Middle East that has yet to be stemmed, as well as logistical support, much of which is thought to come through Malaysia.

As the police investigation into the hotel bombings has disturbingly revealed, the network has ready access to explosives. Two hundred kilograms of bomb-making materials, detonators, firearms, grenades and other bombs were snared in yesterday's raid.

Early last month, a cache of up to 500 kilos of explosives and other bomb-making equipment was seized outside Jakarta. Last year, a Noordin plot to bomb a tourist cafe in Sumatra was foiled and police found an extraordinary haul of 20 bombs.

One of Noordin's most senior bomb makers, Reno, remains at large. He has the skills that can be easily passed on to fresh recruits.

And in Saifuddin Jaelani and his brother, Syahrir, two of Noordin's talented recruiters are also free. According to Indonesia's police chief, Bambang Hendarso Danuri, they are in line to inherit control of Noordin's cell.

I have spoken to many of the neighbours and associates of the two brothers and they paint a picture of two men who easily fit into the community, passing themselves off as civic-minded Muslims but never letting on that they favour a radical, violent agenda. It is only when they see someone vulnerable that they isolate them and with alarming speed persuade them to become suicide bombers, or "grooms" as they are commonly called in Indonesia.

Yet, while the danger remains, and as horrific and shocking as terrorist attacks are, it is always worth stating that the risk of being caught up in one in Indonesia these days is actually minuscule. Eight years since the September 11 attacks and seven since the first Bali bombings, most people now seem rationally to acknowledge this tiny risk.

Since the July attacks this year, hotel bookings in Jakarta and Bali have not dropped off at all. This is perhaps the most potent way that ordinary people can show terrorists that they are not winning their self-proclaimed war.

What next for Noordin Top's deadly splinter cell?

Jakarta Globe - September 17, 2009

Joe Cochrane & Nurfika Osman – There was no doubt about it this time. Nearly seven frustrating years of near misses and false leads for Indonesia's National Police have come to a spectacular conclusion with the killing of Malaysian terrorist Noordin M Top.

Noordin's elimination on the eve of Idul Fitri will undoubtedly bring a sense of relief, but it is also a tonic for police still smarting from their failure to nab him a month ago in a now- infamous raid in the Central Java village of Temanggung.

There will be few tears shed for Noordin's violent death in a hail of gunfire, given that he came to Indonesia with the sole purpose of killing as many people as possible in large-scale terrorist attacks.

"There is absolutely no love lost for this clown," said Ken Conboy, author of "The Second Front: Inside Jemaah Islamiyah, Asia's Most Dangerous Terrorism Network."

He called the spontaneous public elation following news of Noordin's death a reaction to the recent Indonesia-Malaysia tensions as well.

"Here he is a Malaysian coming in and causing bloodshed. Still, it's a great story on how he was able to play off blood relatives and evade arrest for so long."

But celebrations among counterterrorism officials are likely to be brief. Noordin leaves behind a shadowy organization of dedicated followers as willing as he was to launch terrorist attacks across Indonesia.

"It means the leadership of the one major group dedicated to attacks on foreign targets is weakened. But it doesn't mean an end to terrorism," said Sidney Jones of the International Crisis Group in Jakarta, who is a leading expert on Jemaah Islamiyah (JI).

Noordin led a small but deadly JI splinter cell dedicated to violence against the West and other perceived enemies of Islam.

Jones said at least three of his followers could rise up to take his place, including Nur Hasbi, who is wanted in connection with the July 17 twin suicide bombings at the JW Marriott and Ritz- Carlton hotels in Jakarta. Two other possible successors are Reno, alias Tedi, at large since 2005, and Maruto Jati Sulistiono, on the run since 2006, Jones said.

All three men have escaped previous police dragnets and are able to recruit new followers to the group as well as potential suicide bombers.

Conboy said the National Police's counterterrorism squad, Densus 88, must also prioritize tracking down Noordin's subordinates who built the suicide vests and car bombs used in previous attacks. He also said the decision by President Susilo Bambang Yudhoyono to give the Armed Forces a role in counterterrorism operations would likely remain in place.

"I don't see this really changing anything, although [police] were already going on a higher state of alert for Lebaran," he said. "But I'm sure they will continue to follow up on leads and try to get as many guys as possible."

Jaleswary Pramodhawardani, a military expert from the Indonesian Institute of Sciences, regretted that Noordin and three followers who also died during the police raid weren't taken alive. "It would really help the police to investigate the case, to cut the chain of terrorism," she said.

Nonetheless, the National Police, who were taunted by Noordin in taped messages and came under scathing criticism after the July hotel bombings, will get some of its swagger back.

"They have a right to feel satisfied with themselves," Jones said. "Clearly the police chief in the press conference could hardly contain his joy. On the other hand... it's worth reviewing this raid and the Temanggung raid to see if nonlethal tactics could have been used."

Anticorruption drive to take a back seat?

Jakarta Post - September 17, 2009

Rizal Sukma, Jakarta – Combating corruption has been often cited one of the most important "successes" of President Susilo Bambang Yudhoyono's first administration.

Indeed, despite the accusation that the anticorruption drive has been largely discriminative, Yudhoyono's government has made more arrests than previous governments since the reform era began in 1998. More importantly, the successes include several high- profile arrests during the period 2004-2009.

We certainly expect that the anticorruption drive will continue and even intensify during his second term in office. This country has for too long been described as a haven for corrupt officials and one of the most corrupt countries on Earth. While the anticorruption drive over the last five years has begun to improve Indonesia's image slightly, the country still has a long way to go before the problem of corruption can really be kept to a minimum, if not eradicated completely.

Yet there have been signs that the anticorruption drive might soon take a back seat. First, the Corruption Eradication Commission (KPK), due to its determination in doing its job, has been attacked from many directions. It is now seen as having too much power. There are signs that there is a systematic effort to undermine the KPK. Some members of the House of Representatives are now keen to curtail the power of the antigraft body, after several legislators were arrested. A senior police officer, for instance, likened the KPK's attempt to combat corruption as an attempt by "a gecko to fight a crocodile".

Second, the selection of new members of the Supreme Audit Agency (BPK) by the House has also drawn severe criticism from the public, especially from activists at antigraft organizations. Noted lawyer Todung Mulya Lubis, for instance, criticized the House for appointing "a number of people whose legitimacy to even participate in the selection process is questionable". (The Jakarta Post, Sept. 14, 2009). It is even more puzzling for the public when a well-respected former member of the KPK, Erry Riyana Hardjapamekas, failed the selection process. Indeed, parliament seems unperturbed by public complaints.

Third, despite a string of arrests, corruption persists. One case after another, small and big, they continue to occur. Punishment seemingly fails to produce a deterrent effect. Those who are arrested and tried for corruption do not feel humiliated by what they have done. Some of them even continue to receive nice treatment and open support from their colleagues. Worse, the public itself seems to forget quickly and does not see those parasites as the garbage of the country.

Fourth, the future of the anticorruption drive in Indonesia may even be undermined further by the state secrecy bill, recently agreed upon by the House's special committee and the government, represented in this case by Defense Minister Juwono Sudarsono. Critics say the bill, while containing several passages that could potentially harm civil liberties and freedom of the press, could also complicate and undermine the efforts to curb corruption.

The road toward a corruption-free Indonesia, which is one of the core agendas of the reform era, needs to be salvaged. We should not forget that reform, which paved the way for politicians to take center stage in Indonesia's contemporary politics, was founded on the blood of pro-democracy students and activists. Indonesia's positive image as a consolidating democracy will not mean much unless we can also prove to the world our ability to practice good governance. Indonesia's democracy, without good governance and rule of law, will be treated as a joke by antidemocratic forces in the country, in the region, and indeed in the international community.

The people clearly hope that President Yudhoyono will deliver on his promises and commitments to combat corruption in a much more forceful way during his second five-year tenure. The majority of Indonesians voted for him and gave him a strong mandate to fulfill their hopes. As a gesture of gratitude to the people, President Yudhoyono needs to rein in antidemocratic forces in this country and assure us that corruption will continue to be his number one enemy in the years to come. Good governance, on top of other issues, should be the main legacy of the first directly elected president of Indonesia.

[The writer is the executive director of the Centre for Strategic and International Studies.]

Bank bailout scandal rocks Indonesia

Asia Times - September 16, 2009

Patrick Guntensperger, Jakarta – When the global financial crisis was at its height last November, Indonesia's Century Bank faced a severe liquidity crisis. Spooked depositors ran on the mid-sized consumer-oriented bank, depleting its capital base and raising fears financial contagion would have a domino effect on other wobbly financial institutions.

President Susilo Bambang Yudhoyono and his team of technocrats responded by providing Century Bank a financial lifeline soon after its management declared the bank was insolvent on November 21, 2008. The initial 700 billion rupiah (US$70.9 million) cash infusion was designed to allay depositor fears and provide sufficient liquidity for normal operations.

But subsequent government funds funneled through the bank drove the total bailout bill to over 6.76 trillion (US$677.4 million), four times the amount approved by parliament. That's raised questions among analysts and opposition politicians why a middle-sized bank required so much capital to be stabilized.

The political opposition, including candidates outpaced by Yudhoyono at presidential polls in July, have seized on the issue to raise questions about the incumbent leader's claims to economic competence and integrity. Indonesia maintained positive economic growth rates throughout the economic downturn, while more export-oriented neighbors slipped into negative territory, and it is expected to grow by 4.3% this year.

Nonetheless, there were concerns last year that the country might need assistance from the International Monetary Fund (IMF) to stabilize its complex and loosely regulated banking system. Century Bank represents the amalgamation of three smaller banks whose balance sheets were combined and re-opened under a new banner in 2005. It has since been rocked by an embezzlement scandal, where a top executive allegedly skimmed hundreds of millions of dollars worth of bank assets into a personal account.

As the global economy stabilizes, Yudhoyono's economic team has apparently weathered the storm and avoided the need for what would have been a politically unpopular re-engagement with the IMF. People still recall the austerity measures imposed during the 1997-98 financial crisis after the government borrowed (US$42 billion) from the IMF, which is it still paying off.

Opposition attacks have surprisingly focused on Finance Minister Sri Mulyani Indrawati, who has won widespread international acclaim for uprooting corruption and improving efficiency at the ministry, including over the notoriously graft-ridden Customs and Tax departments. Forbes magazine recently ranked her as the 23rd most powerful woman in the world.

Also under opposition fire is Bank of Indonesia governor Boediono, another respected technocrat who ran and resoundingly won as Yudhoyono's running mate at the presidential elections in July. He, too, has been credited with bringing high-level graft and embezzlement scandals at the central bank under control. That anti-corruption record and his technocratic credentials were a key attraction to the Yudhoyono-Boediono ticket.

Political charges

Outgoing vice president and last-placed presidential candidate, Jusuf Kalla, has accused Boediono of "dereliction of duty" for his role in securing Century Bank's bailout. The accusations claim there was a behind-the-scenes collusion agreement for the government to pump enough cash into the institution so that politically connected depositors could recover their funds before the wider depositor base. Among the bank's major depositors are the wealthy Sampoerna and Arifin Panigoro families, as well as Indonesian state-owned insurance firm PT Jamsostek and national tin miner PT Timah.

According to Kalla, still the incumbent vice president, these key depositors acted on insider information to make massive withdrawals at the same time the government was pumping more capital into the bank than had been agreed to by parliament. All have denied any wrongdoing related to the bailout. Parliament has requested the Supreme Audit Agency and the anti-graft agency (KPK) to conduct an investigative audit of the bank and the bailout.

Further complicating the case is the fact that Century Bank major shareholder Robert Tantular was under investigation for massive fraud through embezzlement at the same time the government released its first tranche of rescue capital. Tantular was arrested on November 26, 2008, and now faces eight years imprisonment if convicted on the embezzlement charges, which some unconfirmed reports have estimated at nearly US$1 billion. The prosecution has not yet presented its case against the shareholder, who has denied the charges.

The opposition's accusations have raised new questions in the public eye about Yudhoyono's economic management and anti- corruption credentials, which he leveraged to positive effect to win votes at the July polls. Indrawati said in a Tuesday meeting with journalists attended by Asia Times Online that there was no way that Tantular's fraud could have been apparent to Boediono and the central bank at the time of the bailout.

Indrawati, who is also acting chief economics minister, said the bailout was necessary to prevent the bank from failing and to maintain financial sector stability. When asked if the bailout was politically motivated, she replied, "Absolutely not. It was part of the government's strategy to cope with the financial crisis." She added that the only part politics played in the bailout was the positive side effect of allowing for a greater government role in supervision and control over financial institutions' management.

That, she said, will include future government surveillance over senior executives' remuneration, which, through alleged transfers of bank capital to a major shareholder's personal accounts, contributed to Century Bank's collapse. Indrawati said she views the political furor over the new revelations about the scale of the bailout as the inevitable criticism of ministers who manage economic and finance portfolios and take crucial decisions to maintain systemic stability during times of crisis.

It's yet to be seen how Yudhoyono, Boediono and Indrawati will emerge from the politically charged allegations that they mismanaged the Bank Century's bailout. Some analysts claim the bailout worked, the fraud was investigated and is being prosecuted and Yudhoyono's economic team will still be viewed favorably by international investors keen on the reform prospects of a second Yudhoyono term.

As Yudhoyono mulls his next cabinet, which should be in place by the end of October, some wonder if the Bank Century controversy will have any bearing on Indrawati's next posting. When asked if she would prefer to continue as finance minister, she replied, "What possible motivation could I have to want to do that job for five more years?"

Queried which portfolio she would prefer, Indrawati replied without hesitation the education portfolio and deflected a query if she would accept an invitation to serve as next justice minister. With another financial crisis apparently averted, the Bank Century controversy shows there is still much to be learned about the rule of law among Indonesian bankers and regulators.

[Patrick Guntensperger is a Jakarta-based journalist and teacher of journalism. His blog can be found at http://pagun- view.blogspot.com.]

A stone to throw

Jakarta Post Editorial - September 16, 2009

Who wants to visit Aceh – for pleasure, not mere curiosity? While visitors describe Aceh's towns and villages as friendly, what kind of place would pass a law on stoning people to death, if proven guilty of adultery?

Alas, a place like several others in Indonesia, where vote-hungry politicians have been allowed to carry out crazy notions on the pretext of establishing local "identities". Tuesday can be listed as the saddest day in the nation's post-Soeharto era, when finally we proved at the extreme level that we can be as senseless as others in trying to shape better states and communities – either through manipulation or ignorance.

Some would be quick to distance themselves – Aceh is different, it gained special privileges as the result of a peace deal to end the war against separatists. But it is similar in regard to being part of a nation whose leaders have shamelessly failed to draw the line on what laws and regulations can be issued at the local level.

The result has been "sharia"-inspired legal instruments across several provinces, issued without enough consultation on how such rules stand alongside our national ideology and Constitution, not to mention the international conventions that we are bound to. One is the UN Convention on Human Rights, which politicians have thrown out the window as a useless "Western" legacy, it seems, while our President Susilo Bambang Yudhoyono, PhD, has never lifted a finger against attempts to legalize "religious and cultural values" as local rulers see fit.

As our first president to enjoy direct votes from millions, SBY has yet to grasp the significance of that direct statement of trust from the majority of citizens. If he did, he would dig into our history and into the views of many of our intellectuals and plain ordinary people, to find that our communities can shape local identities in more civil ways than arresting women loitering in the dark, let alone execute barbaric modes of justice.

SBY's party, mind you, does not condone death by stoning: Aceh's Democrats just nodded to stoning between four to 100 times, not between 40 to 200 times as required in the new ordinance, with little regard for defendants being killed long before the 20th strike.

SBY should take a cue from the Aceh administration: Vice governor Muhammad Nazar asserted that the government would not carry out the law. "In Islam, the law must protect its citizens' human rights," he said.

The protests greeting several qanun, or laws, including the most extreme passed on Tuesday, suggest that such laws are not everyone's idea of building life anew, after decades of war and a devastating natural tragedy.

While some argue that such punishment has a history in Arab- Islamic theology, there is little to actually support stoning for this matter in the Koran. Muslims should not become apologists for questionable Arab traditions which defy logic.

Likewise, the local rules regulating morality in other places do not mean Indonesians in general embrace them as part of our renewed lives after the New Order. A clear sign was the failure of Islamic parties to gain more votes in the election this year. Our leaders just need to read those signs, in Aceh and elsewhere.