Hasyim Widhiarto, Jakarta – The life story of Barack Obama has become an inspiration for people across the globe, including Indonesia. But for more than 6,000 Facebook users, erecting a statue of the US President in a park in Menteng, Jakarta, is too much.

Just a few days after the Central Jakarta municipality unveiled the bronze statue of Obama as a boy at Menteng Park, experts and a group of Facebook users have jointly demanded the city administration dismantle the statue for "insulting national pride."

Facebook users have been joining the group, "Take down the Barack Obama statue from Menteng Park," which was created Saturday evening, two days after the statue was launched.

Heru Nugroho, the group's creator told The Jakarta Post there was no point erecting the "Barry" statue in Indonesia since he had contributed almost nothing to the country.

"For me, the establishment of the statue shows that this country no longer has national pride," he said Monday.

"Obama spent several years of his childhood here, but what did he do for Indonesia? Besides [Obama], there are many national figures or heroes, such as [late comedian] Benyamin Sueb, who deserve to have their sculpture erected in Jakarta."

Several others support Heru's opinion. Cultural observer Ardi Yunanto wrote in online urban studies journal karbonjournal.org that the sculpture showed the country's "tortured logic," insinuating that Indonesian education could "produce" a US president.

Asep Kambali, the founder of Komunitas Historia Indonesia, a history enthusiast group, said the establishment of the Obama statue was an example of the absence of dialogue between the city administration and its people in deciding what was culturally and historically valuable to the city.

"The administration is supposed to first run a public consultation with people such as historians, community figures or people in art communities, before erecting iconic works such as monuments or sculptures," he said.

Asep, however, said there was no need to dismantle the Obama statue from its current location. "Even if by a little, it would affect the relationship between Indonesia and the US," he said.

"The most important thing is that the government sees the current public protest as a wake-up call to facilitate and encourage the country's citizens, especially the youth, to learn more about national history."

The bronze statue, resembling a young Obama, was installed by the Jakarta-based Friends of Obama Foundation to inspire the Indonesian youth to work hard to reach dreams, the foundation said.

According to data from the city's Park and Cemetery Agency, nearly 90 percent of the statues in cities were funded by the private sector. Before erecting statues, financiers must first submit their construction proposals to the agency.

Noordin Tops list of Yahoo! Indonesia searches

Jakarta Globe - December 13, 2009

Ulma Haryanto – Noordin M. Top was apparently on a lot of Indonesian's minds this year, as he topped the overall list of search terms used in the country in 2009 on search engine Yahoo.

The pandemic that wasn't – swine flu – and the country's worst natural disaster this year – the West Sumatra quake – came in second and third, respectively, according to a recently released statement by Yahoo! Indonesia.

"The list was made by analyzing search queries based on a number of factors, including absolute volume and growth versus previous periods," said Peter Joblin, senior communications manager for Yahoo! Southeast Asia.

Also in the top five were the feared apocalypse in 2012 and earthquakes in general.

Meanwhile, the top question asked by Indonesian users on Yahoo! Answers is: "Why is the Internet so pricey in Indonesia?" The second most popular question was on symptoms for breast cancer, while the third was how to behave when meeting the in-laws for the first time.

For news searches, Michael Jackson topped the list, followed by Manohara and Japanese porn star Maria Ozawa. Megan Fox topped the celebrity search list, followed by Manohara and Michael Jackson.

Yahoo! Indonesia also reported that mobile Internet users are on the rise in the country. "Indonesia has one of the highest rates of mobile penetration in Southeast Asia," Joblin said. "Sports and celebrities topped the list of mobile searches," he said.

The top mobile searches were the premier league, local celebrity Sarah Azhari, Aburizal Bakrie's PT Bumi Resources (a coal mining company) and Angelina Jolie. The top five football teams searched for were Manchester United, Barcelona, Real Madrid, Arsenal and Chelsea.

According to a September report by Web browser company Opera, the number of Indonesians using Opera's mobile Internet browser more than doubled from September 2008.

The report also revealed that Indonesia is the only country where the number of unique users of the Yahoo! Web site exceeded that of Google.

The most popular Web site for mobile-web users in Indonesia is the social network site Facebook, followed by Friendster, which is another social networking site. Yahoo! was third, up one from last year, followed by download site Waptrick and Google.

Actions, demos, protests...

Hundreds rally to demand judicial reform

Jakarta Post - December 11, 2009

Luh De Suriyani and Wasti Atmodjo, Denpasar – Hundreds of NGOs, community activists and victims of legal and human right abuses commemorated International Human Rights Day on Thursday with a call for sweeping reform of the judiciary.

Those taking part included members of the Indonesian Lawyers Association's Bali branch, the Indonesian Police Watch, the Manikaya Kauci Foundation and many others.

"There are so many 'black' lawyers operating in the legal system, causing so much injustice," said lawyer Agus Samijaya.

He added many lawyers were guilty of ethical violations. "Many legal cases are settled out of court by bribing court officials and involving case brokers," he claimed.

He cited a case of land acquisition in the Jimbaran area, where land was seized from local villagers to make way for the development of a luxury resort, golf course, hotels, restaurants and housing complexes.

In Buleleng, residents of Sumberkima village have filed a lawsuit against the local authorities for seizing their ancestral land to build an airstrip.

"Members of law enforcement institutions, including the police, prosecutors, judges and lawyers, have all violated human rights because of the corrupt legal system," Samijaya said.

Bali Advocates Association head I Made Suardana said many lawyers had become "legal mafioso" by fabricating evidence and cases. He pointed out the trial of murdered Radar Bali journalist Anak Agung Gde Prabangsa as being fishy.

"We'll consider punishing the lawyers who engineered the trial in the Prabangsa case," Suardana said, declining to say what exactly was wrong with the case.

Gunanjar, from the Manikaya Kauci Foundation, called on the police to reform.

"The police play a central role in enforcing the law," he said. "They're supposed to stand by the people whose rights were violated for whatever reason."

He added human rights violations were also taking place in the economic and ecological sectors.

During the event, participants collected coins to support Prita Mulyasari, the Jakarta housewife on trial for defamation after she complained in an email to friends about the poor treatment she had received at Omni International Hospital.

Local radio stations and the Bali Blog Community also asked Bali residents to support Prita.

Legal practitioner at Thursday's gathering said Prita's persecution by Omni could be considered a violation of human rights.

Aceh

Aceh activists shun meeting with peace architect

Jakarta Globe - December 11, 2009

Nurdin Hasan, Banda Aceh – Activists in Aceh on Friday criticized the lack of civil involvement in the autonomous region when they met with Martti Ahtisaari, the diplomat who brokered the 2005 peace agreement between the Free Aceh Movement and the central government.

"Since GAM [the Free Aceh Movement] got stronger in Aceh, after the reform era in Indonesia, civilians' roles have been swept aside, even now," civil rights activist Wratmadinata told the 2008 Nobel Peace Laureate and former Finnish President.

Ahtisaari, on a two-day visit to Aceh, met behind closed doors with local activists and academics to try to gain an insight into the latest developments in the province.

"I also told Ahtisaari, that due to the lack of civil involvement, the truce agreement seems like a mere political product, and does not provide justice for the victims of the conflict," said Wiratmadinata, one of the three civil rights activists attending the meeting

"And now, it seems like it is only the GAM and its elements who benefit from the truce. It is surely dangerous for the long-term future of Aceh," he added.

The poor attendance was because most of those invited saw little merit in the meeting, he said, emphasizing that civilians have been ignored from the start.

Hendra Budian, the executive director of the Aceh Judicial Monitoring Institute (AJMI), who shunned the meeting, said that local NGOs had played only a supporting role, providing information to international groups.

Hendra said that Ahtisaari should push both the government and the former GAM to realize what had been agreed in Helsinki, citing the establishment of Truth and Reconciliation Commission (KKR) and a human rights court as the most urgent issues.

Ahtisaari was on his fourth visit to Aceh since the memorandum of understanding ended almost three decades of separatist conflict that claimed the lives of 25,000 people, mostly civilians. Ahtisaari declined to comment after the meeting.

On Thursday night, Ahtisaari met with Aceh Governor Irwandi Yusuf and said afterward that his visit was to see "whether the points in the Helsinki memorandum have been realized."

He also said that economic development in Aceh should be prioritized equally alongside improvement in security.

"I'm sure everyone agrees that the most important thing right now is to restore the economic condition of the Aceh people, so that they can feel that there is a betterment, not just peace-making, but also better welfare," he said.

Ahtisaari said that he would continue to visit Indonesia next year but that after that he expected to end his role in Aceh.

West Papua

Decentralization jeopardizes forest in Papua

Jakarta Post - December 14, 2009

Nethy Dharma Somba, Jayapura – Regional autonomy in Papua poses a threat to forests in the province because the infrastructure development following autonomy would exploit forested areas, says a forestry official.

"The forested areas currently available would unlikely still be there five to 10 years from now if regional autonomy continues as it would lead to physical development," said Papua Forestry Office head Marthen Kayoi, during the launch of the Forest Governance Integrity (FGI) at the Transparency International Indonesia office in Jayapura recently.

He added that the regency capital of Keerom was previously a forested area but raised doubts whether it could still be described as such.

The current area of Papua's intact forest is 31.5 million hectares, while 5 million hectares had been categorized as critical areas from 1973 to 2003.

Kayoi said only around 24 million hectares of the forested areas would remain given the pace of regional autonomy, which has so far produced 33 regencies and municipalities.

"This is what's happening now. The continuing process of regional autonomy, followed by infrastructure development would further reduce the size of forested areas," he said. "We also could not ensure whether the remaining forested areas would exist in the next five years."

The government has designated a 4,825,786-hectare forested area in Papua as a conservation forest, or natural preserve. However, for the past several years it has received pressure in the form of conversion into farmland, settlement and infrastructure development including illegal logging.

"The Lorentz National Park, a protected area that has now encompassed seven regencies, including the giant PT Freeport Indonesia gold and copper mining company, due to the impact of regional autonomy."

Marthen has urged every party, including Transparency International (TI) Indonesia, which is now present in Papua, to organize the forest in a wise manner for the sake of Papuan forest sustainability.

"This is a challenge for the forestry office to carry out development effectively," he said.

TI's presence in Papua, said FGI Asia Pacific regional manager Agustinus Taufik, urged every party to fight illegal forestry practices. "With the principle of united we stand, we could develop a community that is mentally and spiritually sound for the sake of mutual prosperity," Agustinus said.

Agustinus said Papua's forest is one of the best tropical rainforests in Indonesia and serves as the lungs of the earth. "Papua's forest is a valuable asset that must be managed well to improve the quality of the ecosystem and the well-being of people in Papua in particular and in Indonesia in general."

New left-wing political organisation formed in Papua

Direct Action - December 2009

Hendrik Sorandanya, Jayapura – On November 3, a small group of left-wing activists met in Jayapura, capital of Indonesia's Papua province, to form the Papuan Democratic Peoples' Movement (Garda- P).

The participants assessed that under the current neoliberal capitalist government of President Susilo Bambang Yudhoyono and Vice-President Budiono, the Melanesian-Papuans remain marginalised in their own land, still suffering the violence and negative stigmitisation that has characterised their past history as a part of Indonesia. Indeed, in the era of political liberalisation (including under "special autonomy"), the theft of land and resources from the indigenous peoples of Papua by international and national capitalists in Papua has accelerated.

Garda-P's founding congress adopted decisions to struggle for a democratic, free (sovereign), modern, just/egalitarian, prosperous, clean (transparent) and internationalist Papua. The general program was defined as one of struggling for independence in opposition to imperialist capitalism and in opposition to the government of Indonesia, an agent of imperialism and for the formation of a democratic, progressive and revolutionary Unity Government of the Papuan People. The longer term goal is to develop the forces of production of the people of Papua to be financed through the take over and restructuring of industries such as minerals, oil and gas; forestry, plantations, fisheries and agriculture.

The congress endorsed short-term demands for free education and health care and a moratorium on and review of the extention of contracts of companies operating on traditional Papua lands (with the aim of ensuring such companies implememnt programs that can develop the forces of production of the local, traditional peoples).

Such programs, including technology transfer, must be a part of any contracts with such companies. It also called for land, capital and technology for agriculture, plantations and fisheries to be under the control of farmers' and fishers' councils; affordable decent housing; clean water and affordable and guaranteed supply of energy; employment the Papuan people; decent wages for workers; dissolution of the district military commands.

The congress decided to adopt the tactical perspective of forming united fronts with other Papuan organisations and with other organisations in Indonesia. Garda-P will support the development of the organisation of resistance and struggle in all areas. It will publish a bulletin or newspaper. Garda-P is a public organisation open to anybody who supports its aims.

The congress was attended by observers from the West Papua National Coalition for Liberation (WPNCL), several NGO activists and a representative from the national leadership of the Union for the Politics of the Poor (PPRM), which is politically aligned with the Committee for the Politics of the Poor-People's Democratic Party (KPRM-PRD).

[Hendrik Sorandanya is the secretary-general of Garda-P. He visited Australia and spoke at public meetings in 2005, including the Asia-Pacific International Solidarity Conference in Sydney, on behalf of the National Student Front of Papua.]

Handling of Papuan attacks lacks transparency: Visiting MPs

Jakarta Post - December 10, 2009

Markus Makur, Timika – Members of the House of Representatives Commission I on security and defense affairs have accused security authorities of being not transparent in handling a series of attacks on PT Freeport Indonesia.

The accusation came as the 23 lawmakers paid a two-day visit to Mimika, Papua, specifically to the Freeport gold and copper mining area, following the attacks. The visit was partly to observe security along the route from Timika to the mining site in Tembagapura.

During a dialogue with Mimika Regent Klemen Tinal and police and military leaders in Timika on the sidelines of the visit Tuesday, the legislators asked about the progress in finding the perpetrators and investigating the motive behind the attacks.

In reply, Mimika Police chief Adj. Sr. Comr. Mohammad Sagi said the police were still investigating the shooting incidents and that the National Police often sent special teams to handle the cases.

Dissatisfied with Sagi's response, Commission I member Max Sopacua from the Democratic Party demanded "transparency" in handling the shootings. "I did not get a rational response from the Mimika Police chief about the investigation into the shootings at PT Freeport."

Another Commission I member Major. Gen. (ret.) Salim Mengga said every party must be transparent in handling the issue in order to create a favorable situation in Papua.

A Commission I member from the Golkar Party, Paskalis Kosay, said security had been increased at the mining site, adding that if security personnel failed to uncover the true identities of the gunmen behind the attacks, he, along with the Mimika regent, the Mimika legislative council speaker and the people of the regency would chase the perpetrators up to the jungle edge.

Mimika Military Command chief Let. Col. Refrizal said his command was involved in the Amole Timika III security task force and provided troops for the unit to surmount the series of shootings in the mining area. His command was also often involved in village community activities supported by the Mimika regency administration, he added.

Conflict in Papua has been in the international spotlight, with the international community viewing Papua as not safe.

During the legislators' visit, large numbers of troops and armored vehicles were seen conducting patrols at the vital national asset. Some lawmakers acknowledged they felt intimidated when they were traveling the route and noticed troops and armored cars on the alert.

"The tight security was due to the series of shootings which took place a few months ago along the route," legislator Roy Suryo Notodiprojo said.

Salim Mengga said the high security and beefed-up patrols along the route to the mining site in Mimika should have given the impression of a situation conducive to security. However, the lawmakers apparently said they did not feel safe during the journey from Timika because of the extra-tight security, with around 1,800 members from the Amole Timaka II task force securing the road to the mining area.

Despite the fact Papuans have been the victims of a number of incidents in the country's most remote province, the shootings at PT Freeport have always been blamed on Free Papua Movement rebels.

Papuan priest recognized for his work in the name of human rights

Jakarta Globe - December 8, 2009

Papuan priest Yohanes Jonga has been named the recipient of the 2009 Yap Thiam Hien Award, the country's most prestigious human rights accolade, for his fearless struggles in the troubled province, the organizing committee said.

"The priest deserves to win the award because he has fearlessly fought for the rights of local people in Papua," Todung Mulya Lubis, one of the five judges, was quoted by detik.com as saying on Monday. "In fact, he has received repeated death threats and has several times been threatened with being buried alive," Todung said of the priest, who works in Keerom district.

Because of Jonga's dogged efforts in defense of the human rights of Papuans, he has been accused of being a sympathizer of the secessionist Free Papua Movement (OPM). He also has been given the nickname "women priest" for defending the rights of women in the area.

"[Despite all these threats and insults], he has continued fighting for local people's basic rights," Todung said, adding that Jonga had obviously gone above and beyond his duties as a priest.

Todung acknowledged that fighting for human rights in Papua was not an easy task. "Most people there lack education and women are powerless," he said.

Named after the late Chinese-Indonesian activist Yap Thiam Hien, the annual award is given out by the Human Rights Study Center Foundation to those who contribute to the advancement of human rights in the country.

Since its establishment in 1992, winners have come from a wide range of backgrounds including labor activists, rights groups, farmers and a journalist.

Last year's winner was Siti Musdah Mulia, an activist fighting for pluralism and the rights of women in Islam.

In addition to Todung, this year's panel of judges included legal expert Harkristuti Harkrisnowo, journalist Maria Hartiningsih, Ifdal Kasim, the chairman of the National Commission on Human Rights, and activist Rahlan Nasidik. The award will be officially presented on Dec. 10 in Jakarta.

Todung also said the judges had selected the late Fauzi Abdullah, an activist who dedicated his life to fighting for labor rights, as recipient of the life-time achievement award.

"Fauzi played a significant role in developing the labor movement here," Todung said. "He was a typical human rights fighter. He shied away from media publicity and was a humble figure."

Several injured in West Papua governor office attack

Jakarta Post - December 8, 2009

Manokwari – A group of people attacked Monday the West Papua governor's office in Manokwari, injuring several civil servants and forcing police to guard the building.

The protesters initially staged a protest at the West Papua Elections Commission (West Papuan KPUD) and Manokwari KPUD after Obed Ayok was not elected as West Papua Legislative Council (DPRD) speaker. Johan Auri was elected instead as speaker.

They marched into the governor's office in what seemed a peaceful demonstration, but unpredictably ran amok, breaking windows and a door of the governor's office.

"The situation is still tense," Amstrong Van Joostensz, a Manokwari resident, told kompas.com. Papuan Police spokesman Sr. Comr. Agus Rianto said he had yet to receive a report about the incident.

Human rights/law

Wiretaps must be regulated by law, not decree: NGOs

Jakarta Post - December 14, 2009

Hans David Tampubolon, Jakarta – The government will need a law, and not a mere, decree, if it wishes to regulate wiretapping operations, say anticorruption activists.

"Wiretaps must be regulated in the form of a law, which is what the Constitutional Court ruled on recently," Indonesia Corruption Watch's (ICW) Emerson Yuntho told The Jakarta Post on Sunday.

"So if the government wants to regulate wiretaps in the form of a decree or regulation, and not a law, then it means the government is going against the court's ruling.

"The danger with having wiretaps regulated by decree is the potential for the government to ignore public input when deliberating such a decree."

The call for future wiretaps to be regulated came from Information and Communications Minister Tifatul Sembiring.

Tifatul argued a regulation on the issue was needed to prevent future disputes between institutions with wiretapping authority.

The minister also proposed that wiretaps be handled by a single institution and that they require court approval, pointing out other countries had such institutions under the auspices of their communication ministries.

In a speech for International Anti-Corruption Day last week, President Susilo Bambang Yudhoyono agreed wiretaps must be regulated.

Denny Indrayana, his expert adviser on legal affairs, said Saturday a regulation on wiretaps was needed to prevent institutions abusing their wiretapping authority.

The government's call, however, has been greeted with incredulity and bemusement on the part of antigraft activists, who say the idea of regulating wiretaps under a government decree or regulation is simply another effort to weaken the Corruption Eradication Commission (KPK).

The issue of wiretapping came to the fore last month when a KPK wiretap, played back publicly by the Constitutional Court, indicated a plot by a businessman, senior police officers and high-ranking prosecutors at the Attorney General's Office to frame two KPK deputies on trumped-up charges.

The two men, Chandra M. Hamzah and Bibit Samad Rianto, were brought up on charges of bribery, which have since been dropped following a massive public outcry and backlash against the police.

However, the businessman at the center of it all, Anggodo Widjojo, the younger brother of fugitive graft suspect Anggoro Widjojo, has not been touched.

The playback of the recording was enough reason for the government to hold off on deliberating a decree on wiretaps, said Coalition of Anticorruption Civil Society (Kompak) spokesman Thamrin Amal Gola.

"I admit that in other countries, wiretapping operations are regulated," he said.

"However, in those countries the law enforcement institutions – police and prosecutors – are nowhere near as corrupt as ours.

"They actually uphold the law. In Indonesia, however, these institutions are far more intent on bending the law. So this country still needs a 'superbody' like the KPK to maintain full authority over wiretaps."

Justice may be blind, but she has dollar signs in her eyes

Jakarta Post - December 12, 2009

Irawaty Wardhany, Jakarta – The son of a woman who was sentenced 45 days imprisonment after being found guilty of stealing three cacao fruits worth only Rp 1,500 (15 US cents) has questioned the fairness of the coutry's legal framework.

"What's wrong with this country's judicial system? Big-time criminals are protected while we villagers are treated mercilessly in the name of law enforcement?" said Firdaus, son of Minah, from Purwokerto, Central Java.

Beside Minah, Aguswandi Tanjung, a tenant at the ITC Roxy Mas Apartments in West Jakarta, was in September arrested for charging his mobile phone at a power point in the corridor of his apartment building.

Simultaneously, the public has poured sympathy on housewife Prita Mulyasari in her ongoing dispute with Omni International Hospital, which took her to court after she emailed friends, telling them of the poor service the hospital had provided.

Minah and the others are not the same criminal caliber as Sjamsul Nursalim or Anggoro Widjojo, both suspects in separate corruption cases who, despite causing billions or even trillions of rupiah in losses to the state, may yet evade justice.

They do not have a brother like Anggodo Widjojo, who apparently has the power to order officers from the police and the Attorney General's Office to fabricate a criminal case against KPK leaders to scuttle a corruption case against his brother.

This case appalled the nation and once again opened the public's eyes to just how insidious corruption is in Indonesia.

This was not the first such case, but it was the first case to draw such wide public attention, overshadowing President Susilo Bambang Yudhoyono's national summit and 100-day program.

Chairman of the Indonesian Legal Studies Foundation Frans H Winarta, criticized the President's call for an out of court settlement in the Bibit and Chandra case as contradictory to the constitution, which is meant to guarantee the rule of law and prohibit legislative and executive bodies from interfering in the judicial system.

"It is not merely the system to blame, the direction of the law depends on its enforcers," said Rudi Satrio, law expert from the University of Indonesia

Dealing with justice, he said, was not only a matter of whether a case had fulfilled formal requirements but also depended the substance of law violations.

Law enforcers had to consider how substantial the law violations are before processing them in according with procedure. "The Anggodo case cannot be compared with the Minah case from their substance, law enforcers should give priority to fighting substantial justice, instead of the procedural one."

10 police officers grilled over Ogan Ilir shooting incident

Jakarta Post - December 12, 2009

Dicky Christanto, Jakarta – Police are questioning 10 officers from their Mobile Brigade (Brimob) unit in connection with a shooting incident last week in Ogan Ilir, South Sumatra.

National Police deputy spokesman Brig. Gen. Sulistyo Ishak said Friday his office would handle the investigation transparently. "We won't cover anything up; if we find these officers are guilty, we will take them to court," he said at a press conference in Jakarta.

Sulistyo said the investigating team comprised officers from both the National Police's and the South Sumatra Police's internal affairs divisions.

Eleven residents of Renggas village in Payaraman district, Ogan Ilir regency, were wounded when members of the local Brimob and provincial police fired on them in an apparent attempt to quell a riot on Dec. 4.

The clash involved local villagers and security guards for state plantation firm PTPN Cinta Manis Unit VII, who were assisted by police.

Bustari, one of the victims, said he was shot in the abdomen, adding bullets also hit his helmet and motorcycle. "We just want our land returned to us," he said. "The Brimob officers who shot us should be fired to teach them a lesson."

The National Police's internal affairs chief, Insp. Gen. Oegroseno, said the 10 Brimob officers currently being questioned were those who had been witnessed shooting at the villagers. "We're now digging for more facts, such as whether they carried out their duties in line with prevailing procedures or not," he said Friday in Jakarta.

Should they be found guilty, Oegroseno went on, the officers would be punished and brought up on criminal charges. The investigating team is also trying to figure out why the Brimob squad had been at the scene in the first place.

"Brimob is not allowed to deploy without first coordinating with the regional police chief," Oegroseno said. "So we need to find out whether their presence there was."

He added a preliminary investigation had showed the South Sumatra Police chief had approved the squad's deployment. "That's why we're now summoning both the field commander and the head of the South Sumatra Brimob for clarification," he said.

He also said he was optimistic the investigation could be wrapped up in less than two weeks.

On Thursday, three of the shooting victims marched on the National Police headquarters in Jakarta to demand the police uphold justice in their case.

They were accompanied by lawyers from the Indonesia Legal Aid Foundation, who brought along evidence of the shooting, including photographs of the victims and a detailed chronology of the incident.

[Khairul Saleh contributed to this story from Palembang, South Sumatra.]

SBY fails to protect human rights, Indonesia activists say

Jakarta Globe - December 10, 2009

Camelia Pasandaran – Thousands of human rights activists converged in Central Jakarta and the State Palace on Thursday to mark International Human Rights Day and lambasted President Susilo Bambang Yudhoyono for what they said was his failure to address past and continuing human rights abuses.

Suciwati Munir, the wife of murdered human rights campaigner Munir Said Thalib, told the Jakarta Globe that the government could not claim that the protection of human rights had improved while past violators remained free, and in some cases have become some of the nation's most powerful political figures.

Muchdi Purwoprandjono, a former deputy at the State Intelligence Agency (BIN), was controversially acquitted of orchestrating Munir's murder to avenge his ousting from the top post of the Army's Special Forces (Kopassus) in 1998.

It was alleged that Muchdi believed Munir's criticisms of the kidnapping of students and activists by the elite Kopassus unit had cost him his career.

Yudhoyono has promised that Munir's killers will be brought to justice, telling Suciwati the case will be "the test of our history."

Speaking on Thursday, Suciwati said human rights were violated as much today as they were under former dictator Suharto. "Human rights enforcement is not something to only dream about – there should be real implementation," she said.

Muchdi is now the deputy chairman of the Great Indonesia Movement Party (Gerindra), which is headed by Prabowo Subianto, a former son-in-law of Suharto who was also dismissed from the military after men under his command were found guilty of kidnapping pro- democracy activists during the 1997-98 unrest.

Thirteen activists from that period are still missing and feared murdered. One body has been recovered.

Yudhoyono was the head of the military's influential Social and Political Affairs Unit at the time of the violence.

Prabowo is also accused, along with Gen. (ret.) Wiranto, chairman of the People's Conscience Party (Hanura), of human rights violations during Indonesia's withdrawal from East Timor in 199 9. Both ran as vice presidential candidates in July's presidential elections.

Ridha Saleh, a member of the National Commission on Human Rights (Komnas HAM), said human rights abuses had increased in the past year, and the government had failed to act.

"In 2008, we received 4,482 reports. In 2009, the number increased to 4,900 reports," he said. "Most of the cases are related to unfair law enforcement, in which some people have been abused by police or other law enforcers." The majority of cases never make it to the courtroom, he added.

"We have reported many human rights violations to law enforcers, but no real action has been taken," he said. "This is mainly because the government has never been serious about protecting human rights."

Usman Hamid, coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), urged the president to issue a decree to establish an ad hoc tribunal in connection with the disappearance of 1997-98 pro-democracy activists.

During a plenary session in September, the outgoing House recommended that the president form a human rights court to bring the abduction cases to trial.

Indonesia's human rights 'fall short'

Jakarta Post - December 11, 2009

Jakarta – As thousands of people joined rallies across the country to mark International Human Rights Day on Thursday, human rights watchdogs announced that the state still falls short in delivering basic rights.

In Jakarta, over 1,000 rights activists from various civil groups gathered in front of the Presidential Palace, demanding President Susilo Bambang Yudhoyono's administration fulfill basic human rights, including worker protection and access to health and education for the poor.

Organizer of the protests, Aan Bashari, said similar rallies were held in 27 cities across the country.

The coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), Usman Hamid, who participated in the rally, said that up to the beginning of his second term, Yudhoyono had failed to live up to his promises to provide basic rights.

He said the administration's failure to eradicate corruption has dampened the state's ability to raise people's welfare.

"Clashes between people and officials continue to occur across the country. In all of the cases, the officials use oppressive methods, and the people become victims. Not only do they lose their land, but [quite often] their lives," he said.

Last week's shooting – where police opened fire on farmers fighting over land with state plantation firm PTPN VII in Ogan Ilir, South Sumatra – highlighted instances of officials pursuing state interests at the expense of the people, Usman said.

He also underlined the failure of Yudhoyono to keep his promise to open cases of past human rights abuses, including the murder of rights campaigner Munir Said Thalib, the Trisakti incidents, the mass killings in Talangsari and a number of extrajudicial killings in Papua.

The National Commission on Human Rights (Komnas Ham), which commemorated International Human Rights Day separately at its office, said complaints of human rights violations filed to the commission increased to 4,690 this year, up from 4,500 last year.

Komnas Ham chairman Ifdhal Kasim said many cases related to abuse of power in the police force. Komnas Ham also received many complaints from minority religious groups, which faced discrimination and violence.

Meanwhile, the Asian Human Rights Commission said in a release that much had been achieved by Indonesia, but there was also not much to applaud given the ongoing tortures, extra-judicial killings, arrests of rights activists and the freedom that multinational mining and plantation corporations enjoy within the country's legal framework after 10 years of reform.

"Impunity is not only a problem of the past, [it] also happens today. Accountability starts where impunity ends, and this goal remains a distant dream at present," it said.

Setara Institute executive director Hendardi urged Yudhoyono to include the human rights principles of freedom of expression and protection of minority religious groups in his development strategies.

Awards go to Papua priest, late labor activist

Jakarta Post - December 11, 2009

Jakarta – A Papuan priest and a late labor activist were conferred Thursday with the prestigious Yap Thiam Hien Award, presented to those showing the most dedication to the upholding of human rights in Indonesia.

The recipients are Yohanes Jonga, a Roman Catholic priest from Waris district, the administrative seat of Keerom regency in Papua province bordering Papua New Guinea; and Fauzi Abdullah, a labor rights defender who died late last month from lung and liver diseases, just two weeks before the awarding ceremony.

Yohanes, born in 1958 in Manggarai, East Nusa Tenggara, was recognized for dedicating 23 years to upholding the rights of abused Papuans, especially in his parish covering Waris and Wamena district, the administrative seat of Jayawijaya regency.

He has been working for almost nine years to serve the people in border areas after being ordained in 2002.

Meanwhile, Fauzi, who was born a year later, was awarded for his role in educating and encouraging workers to campaign for their rights to unionize.

"Father John [Yohanes' nickname] Jonga has been fighting human rights abuses, which have manifested themselves in the lack of freedom, education and women's empowerment [in Papua]," Todung Mulya Lubis, a rights activist and chairman of the Indonesian Legal Roundtable, which gave out the award, said during the award ceremony Thursday night.

"If we can eliminate these issues, we'll be able to eliminate poverty and rights abuses in Papua. Therefore we confer this award to him."

In praising Fauzi, meanwhile, Todung said the former was "a gift to the working class". "He had been defending workers' rights for the past 35 years. Fauzi never changed... he conducted himself like a gentleman and was always modest."

Apart from Todung, the jury that voted on the recipients included Harkristuti Harkrisnowo, director general for human rights at the Justice and Human Rights Ministry, Kompas daily newspaper senior journalist Maria Hartiningsih and Paramadina University political observer Yudi Latif.

In his acceptance speech, Yohanes said he had been fighting rights abuses committed by the military and funded by business people in resource-rich Papua. "Women have suffered the most during military operations," he said.

Fauzi, meanwhile, was represented by his wife Dwi Purwanti and son Reihan. "I hope this award will inspire others to continue my husband's struggle," Dwi said. (nia)

Omni hospital will drop civil lawsuit against Prita Mulyasari

Jakarta Globe - December 11, 2009

Kinanti Pinta Karana – The civil lawsuit against Prita Mulyasari would be dropped, a spokesman for Omni Hospital said on Friday, however her lawyer has said that Prita should also be released from all criminal charges in the controversial defamation case.

The hospital's decision to drop the civil suit means that Prita will not have to pay the Rp 204 million ($21,624) in damages ordered by the Tangerang State Court. Supporters had rallied around Pinta, rasing millions of rupiah coins to help her pay the damages.

"We have a willingness to drop the civil lawsuit. We hope Prita will respond well to our gesture and the case will be over soon," Omni Hospital's spokesman Lalu Hadi Furqon said on Friday. However, in regards to the criminal charges, the spokesman said the hospital "respected the ongoing legal process."

Slamet Yuwono, Prita's lawyer from OC Kaligis Law Firm, said it was Omni's right to drop the charges.

"What we want is for Omni to drop not only the civil lawsuit but also the criminal one. Besides, thanks to Indonesian people who support Prita, we have enough coins to pay the damages," Slamet said.

"We want the doctors who filed the case to meet the panel of judges and tell them that they are willing to drop the case, withdraw their testimonies and ask for Prita to be released from all charges," he said.

A criminal and civil lawsuit were brought against Prita by Omni Hospital last year, accusing her of defamation for complaining about the hospital's service in emails to her friends.

Prita's case sparked widespread condemnation from the public and last week's court decision that Prita pay civil damages to the hospital triggered a movement called "Coins for Prita."

People from all walks of life collected coins to help her pay the fine. Former Industry Minister Fahmi Idris even offered to pay half of the damages while the Regional Representative Council gave Rp 70 million.

Government urged to review sharia-based bylaws

Jakarta Post - December 10, 2009

Erwida Maulia, Jakarta – The National Commission on Violence Against Women urged the government to review a number of sharia- based bylaws deemed discriminative against women as part of its first 100-days program.

Commission chairwoman Kamala Chandra Kirana told The Jakarta Post on Wednesday such bylaws violated the Constitution, and that the central government was responsible for amending them so they adhered to the Constitution.

"As Indonesians, we are bound by the social contract inscribed in the Constitution, which clearly mentions non-discrimination among its main principles," Kamala said.

"Special or regular (regional) autonomy should not lead to legislation that strays from the basic principles. The central government has a role to safeguard the consistency between national and regional law," she added.

By prioritizing the harmonization of local regulations with those at the national level, the new government could include the reviewing of discriminative bylaws into the program, Kamala suggested.

The most dramatic of such bylaws, she said, is the Islamic criminal code bylaw passed in September by Aceh's legislative council, which introduced stoning and caning as punishment for adulterous acts.

"The punishments have never appeared in national law and are actually controversial in Aceh itself. But it was still endorsed because there are many political interests involved," she said.

Other discriminatory bylaws, Kamala added, are those enforcing the mandatory wearing of headscarves for female Muslim civil servants, which have taken effect in 16 regencies and municipalities in seven provinces: Aceh, Banten, West Java, Central Java, South Kalimantan, West Nusa Tenggara and South Sulawesi.

Only in Aceh is the headscarf bylaw applied at the provincial level, while there have been discussions to apply the policy in West Sumatra and South Sulawesi, Kamala added.

"Although non-Muslim female civil servants are not obliged (to wear headscarves), they face huge pressure and are convinced they would face obstacles to career advancement (should they not conform by wearing headscarves)," she said.

Kamala said several institutions at the central level could do act on the controversial bylaws. She said the Home Ministry could review drafts of the bylaws before approving them, while the Supreme Court could revoke them if they were already issued.

"The Constitutional Court is a mechanism to review discriminatory laws at the national level, and the Justice and Human Rights Ministry has the duty to harmonize all regulations and policies issued in the country," Kamala said.

"We should ask the government what exactly they would do during the first 100 days to ensure all legal regulations that are discriminatory and violate the Constitution are eliminated," she added.

Pennies for Prita campaign pulls in Rp 500 million

Jakarta Globe - December 9, 2009

Dessy Sagita, Heru Andriyanto & Febriamy Hutapea – A week after losing her appeal in a controversial defamation suit, Prita Mulyasari now has more than enough money to pay off the Rp 204 million ($21,624) fine if she loses her Supreme Court appeal.

From the politicians, businessmen, children and scavengers who have come out in droves to support the 32-year-old mother of two, more than Rp 500 million in pledges and donations has now been raised, according to her lawyer, Slamet Yuwono.

The Help Prita movement, which began collecting coins for Prita on Friday, has raised money from 13 cities across the country.

Sisilia Pujiastuti, the coordinator of the donation center in Jati Padang, South Jakarta, told the Jakarta Globe on Wednesday that the group doesn't have the total figure yet, but her center alone has raised more than Rp 40 million. She said the center collected nearly Rp 18 million on Tuesday.

"Our friends are collecting coins from Batam, East Nusa Tenggara, Surabaya in East Java, Solo and Semarang in Central Java, Yogyakarta, and Medan in North Sumatra. They will have the coins delivered here," Sisilia said.

"This is far beyond our expectations. The word donation is usually intimidating and only applies to the 'haves.' This way we are giving an opportunity for everybody, including children, scavengers, or even car park attendants, to donate."

And many did. Dozens of piggy banks, mostly from schoolchildren and housewives living in the neighborhood, were scattered across the floor of Sisilia's home.

Jihan Kharisma Putri, 10, dropped off her piggy bank to help Prita because she didn't want to see her sent to jail. "I often watch the news on TV and I see people collecting coins to help Ibu Prita. I told my mom I wanted to help," said the fifth grader.

Sisilia said she continued to receive help from neighbors and volunteers who saw a television news program's report about the campaign.

"We have office employees, housewives, school children, even scavengers coming to our center to donate their coins," she said. Nurhayati, who works for a nongovernmental organization, said she brought three bags full of coins from her coworkers. She also help Sisilia count the money.

"Initially I only wanted to drop off the coins but I saw these people were really so swamped. I offered to help," the 34-year-old said, adding that she wanted to help Prita because what happened to her could happen to anyone.

Public support for Prita began in July, when she was jailed for three weeks after losing a civil suit filed by Omni International Hospital last year. The institution had accused her of defamation because of an e-mail she sent to friends complaining about her treatment at the hospital.

Separate from the campaign, the Democratic Party on Wednesday handed over Rp 100 million to Prita.

"We hope that our sympathy can ease Prita's and her family's burden," Democratic chairman Anas Urbaningrum said. On Tuesday, the Regional Representatives Council (DPD) gave Prita Rp 50 million and called for a boycott of Omni. Former Industry Minister Fahmi Idris has offered to pay half of the fine, or Rp 102 million.

AGO urged to dispute Muchdi acquittal

Jakarta Globe - December 9, 2009

Heru Andriyanto – Activists on Tuesday held a rally outside the Attorney General's Office in South Jakarta, demanding that prosecutors challenge the acquittal of the former intelligence chief accused of ordering the murder of human rights crusader Munir Said Thalib.

The demonstration was held almost a year after the South Jakarta District Court acquitted Muchdi Purwopranjono, the former head of the Army's Special Forces (Kopassus).

"We call on prosecutors to immediately file a case review on Muchdi's acquittal," said Andi Panca, who represented the Committee of Action and Solidarity for Munir (Kasum).

"We are here to show our support to the prosecutors so that they would have the courage to lodge a case review," added Oslan Purba, a member of the Commission for Missing Persons and Victims of Violence (Kontras).

The AGO had indicated that it would challenge the Supreme Court's ruling which turned down prosecutors' appeal against Muchdi's acquittal, but gave no time frame.

Muchdi was accused of masterminding the murder of Munir on Sept. 7, 2004. Tuesday's rally was held to coincide with Munir's birthday, close to Human Rights Day, which is celebrated annually on Dec. 10.

Munir was born in Malang, East Java, on Dec. 8, 1955 and was a staunch critic of the military over human rights issues. The founder of Kontras, Munir died after his drink was poisoned with arsenic during an Amsterdam-bound flight.

In the indictment, prosecutors said that Muchdi had used his influence at the State Intelligence Agency to avenge his ouster as Kopassus chief, which he blamed on Munir.

Law goes bananas again as 76-year-old man jailed for fruit theft

Jakarta Globe - December 9, 2009

Candra Malik, Yogyakarta – The country's justice system has once again found itself uncomfortably in the spotlight, this time over the arrest and jailing of a Yogyakarta grandfather for plucking a bunch of bananas from a tree he believed was growing on public land.

As public outrage continues over alleged high-level corruption involving members of the nation's elite, 76-year-old Klijo Sumarto has become the latest victim of a legal system that many observers say favors those with the money and connections to buy their way out of trouble.

"[Klijo's] status is that he has been temporarily detained under Article 362 of the Criminal Code for stealing," said Adj. Comr. Yulham Effendi, the chief investigator for the Slemen Police in Yogyakarta.

"He's facing five years in prison. All of the proper procedures have been followed in this case."

The latest case in the special province follows a similarly controversial case in Central Java involving Minah, 55, an illiterate grandmother of seven, who was charged with stealing three pieces of fruit from a plantation company and placed under house arrest for 18 days before receiving a suspended sentence.

In this latest case, Klijo was arrested and locked up in Slemen Prison.

Klijo told the Jakarta Globe he was innocent. "The banana tree was growing on a village road. It wasn't even on anybody's land," he said. "Besides, the tree had almost collapsed and was ready to fall on the road," Klijo said, adding that he had chopped down the tree.

He said he was taking the bananas home on his bike when he was warned against doing so by some passersby, so he placed the bunch beside the tree.

Klijo, a small, frail-looking man who is visually impaired, said he did not understand why he was subsequently arrested. He said he was told by members of his family that Sulis, the owner of a paddy field near the banana tree, was responsible for reporting him to authorities.

Yulham, however, defended the arrest, and described Klijo as a "habitual offender". "Four years ago he was taken to court for stealing a chicken," the officer said.

"His excuse was that the chicken had been carried away by a flood and got stuck in a ditch near his house." Yulham said that because others had witnessed Klijo taking the bananas, even without Sulis's complaint, police were obliged to arrest the suspect. "Even if it is a small case, the law must be enforced," he said.

Akhnandari Malisy, a member of Legal Aid Institute (LBH) of Yogyakarta Indonesian Advocates Congress, said the case failed to take into account the public's sense of justice.

Brimob officers reported over attack

Jakarta Post - December 8, 2009

Khairul Saleh, Palembang – Residents of Rengas subdistrict, Ogan Ilir regency, reported Monday the regency police's Mobile Brigade Unit's (Brimob) Friday attack to the South Sumatra provincial police's internal affairs division (Propam).

They were accompanied by the joint advocacy team, which comprised representatives from the Legal Aid Institute (LBH) Palembang, the Indonesian Forum for the Environment's (Walhi) South Sumatra chapter and the legal aid post of the Association of Indonesian Advocates' (Ikadin) South Sumatra chapter.

"We have the right to question why the police interfered, especially as the case was handled by the civil court," said Taslim from LBH Palembang, adding they would file the report to the National Police Headquarters, the Human Rights Commission (Komnas HAM) and the National Police Commission.

Taslim said the Brimob's actions were regrettable and could be categorized as violations against the procedure to use guns.

"Our findings in the field reveal that they directly shot at the residents. Shots were also coming from the sugarcane plantation where the Brimob were hiding," he said, adding it was improper to say the people's acts had triggered the incident.

A member of the Komnas HAM, Nurcholish, confirmed Monday that the commission had received the report via email and was waiting for the presence of the institution accompanying the residents for a direct report.

"From there we will decide on whether we need to go to the field for a follow-up," Nurcholish said.

Eleven villagers were wounded when members of the Ogan Ilir police's Brimob fired at them in an attempt to disperse a riot on Friday at the state plantation company PTPN VII Cinta Manis ground, while three employees of the company sustained knife wounds.

The violence is reminiscent of an incident two months ago when around 1,500 Rengas villagers felled and burned sugarcane crops at the company's District 6 site in an effort to seize a 1,529- hectare plot they claimed as theirs.

The South Sumatra Police so far have questioned 19 people, including six Brimob members.

The police public relation division head Sr. Comr. Abdul Ghofur insisted the Brimob used no live bullets in the incident. He assured that the Brimob's actions were according to the prevailing procedures.

"Based on the dossier, they only used rubber bullets."

Refugees/asylum seekers

Corruption hinders efforts to combat people-smuggling

Sydney Morning Herald - December 10, 2009

Tom Allard, Jakarta – Hundreds of asylum seekers have escaped Indonesian immigration detention centres and boarded boats to Australia this year amid widespread bribe-taking by guards and the brutal treatment of those who have been recaptured.

The rampant corruption is undermining efforts to curb human trafficking, even as Indonesia prepares to introduce long-awaited laws that will mean people-smugglers will spend up to 10 years in prison.

A breakout out from the detention centre in Makassar, South Sulawesi, two weeks ago is the latest in a list of escape plans hatched by asylum seekers and aided by corrupt Indonesian officials.

At a briefing in Jakarta yesterday, the Australian Federal Police Commissioner, Tony Negus, said the issue was a concern. "There are people who have been detained and they have ended up on boats to Australia a short time later," Mr Negus said.

"It's frustrating for the local police because they actually collect these people, put them into processing and all of sudden find them again having to be either rounded up or on a boat to Australia."

The Herald understands as many as one in five of the almost 2300 asylum seekers who arrived in Australia over the past year escaped Indonesian detention and used people smugglers.

A detainee at the Makassar centre, "Muhammed" – not his real name – spoke of regular breakouts, including one last month. "The No. 1 man here said he could fix our problem if we gave him $US4000 [$4390].

"We said we only had $US2500. He refused but his No. 2 said later that this was OK. He took the money and said you are free to escape."

Sixteen people fled the centre. Ten were later rounded up.

"Three of them, the bachelors, were punched in the eye sockets and kicked very hard in their bodies," Muhammad said. The long wait to be resettled in Indonesia – up to nine years – meant refugees were prepared to do anything to leave detention.

The Indonesian Justice Rights Minister, Patrialis Akbar, told Australian officials that Indonesia hoped to pass laws outlawing people smuggling next year. They would allow for prison terms of five to 10 years.

The policy was announced 12 months ago but passing the laws has remained on the backburner for parliament. A lack of people- smuggling laws has meant that people traffickers, who are charged with minor immigration offences, are handed sentences of 18 months at the most.

Australian and Indonesian police have stepped up operations, using 12 dedicated "strike teams", but Mr Negus said there was no sign the flow of immigrants was slowing.

"We are very concerned that eventually we will see a tragedy on a massive scale, where a boat does sink and nobody will come to the rescue," he said.

Jakarta plans to impose 10-year jail terms for people-smuggling

The Australian - December 9, 2009

Stephen Fitzpatrick, Jakarta – Jakarta hopes to bring historic people-smuggling legislation before parliament as soon as next year, with penalties of up to 10 years' jail for those convicted of the offence.

The Indonesian Government's ambition was conveyed to Home Affairs Minister Brendan O'Connor and Australia Federal Police Commissioner Tony Negus in a meeting with Indonesian Justice Minister Patrialis Akbar in Jakarta today.

The proposed legislation was announced a year ago when Kevin Rudd flew to Indonesia to co-host the Bali Democracy forum with President Susilo Bambang Yudhoyono.

But the laws have been delayed by a full year of elections in Indonesia for both the parliament and the presidency, with Dr Yudhoyono only in recent weeks being able to outline his new legislative agenda.

Immigration issues are reasonably high on that wishlist, but the Australians have also been told there are other, more pressing, domestic concerns, including laws to fight corruption that have been under consideration for several years already.

Indonesia's parliament is notoriously slow to pass new laws, and the people-smuggling legislation is still only in the earliest of drafting stages.

"We know it's not an easy thing to do, we know it's challenging to enact such legislation, but we do welcome the intention of the government to look very much at improving the laws in this area, and we said as much yesterday," Mr O'Connor said at a private briefing for Australian journalists.

He described the proposed sanctions of up to 10 years' jail for people-smuggling offences as "a very welcome sign".

"They mentioned between five and 10 years, which I think is a really significant thing, specifically in relation to people- smuggling offences," Mr O'Connor said.

Mr Negus said a meeting planned for today with his opposite number, Indonesian Police Chief Bambang Hendarso Danuri, would canvass the effectiveness of an Australian-backed anti-people smuggling police "flying squad".

The squad, of 145 Indonesian police investigators based in 12 key locations across the archipelago, has been operating for three months, with Australian training and equipment part of the deal.

"Whilst of course with any new team it's taken them a little while to get their structure and get their people in place, they're being very effective, and we're seeing an increase in the number of arrests of people smugglers and those involved in the people- smuggling game," Mr Negus said.

"That's as a direct result of the Indonesians setting up the... strike teams."

Mr Negus said the teams were primarily a detective unit, so that "they'll play a role in helping apprehend and round up asylum- seekers, but their primary role is to gather evidence and prosecute people-smugglers".

He also admitted Indonesia faced a major problem with captured would-be asylum-seekers escaping detention and making their way to Australia.

"It's frustrating for the local police because they actually collect these people, put them into processing and then all of a sudden find them again having to be either rounded up (again) or on a boat to Australia," Mr Negus said.

Mr Negus and Mr O'Connor were in Indonesia to open a four-day people-smuggling conference co-hosted by the AFP at a regional police training centre in Central Java.

Mr O'Connor welcomed the participation of 17 national delegations in the conference, including from Sri Lanka and Afghanistan – two of the key source countries for people-smuggling activities – as well as Malaysia, one of the key transit countries.

Labour/migrant workers

Poor labor relations holding back Indonesian industry: Minister

Jakarta Globe - December 11, 2009

Camelia Pasandaran – Labour relations problems are holding back the growth of Indonesian industry, Manpower and Transmigration Minister Muhaimin Iskandar said on Friday.

Muhaimin said industries across Indonesia were having more trouble than ever fixing their already strained relationships with workers, mainly over dodgy work contracts, outsourcing and severance payments.

"These are the three issues causing the stagnancy in industrial growth," Muhaimin said at a discussion on labor issues at the Press Council in Jakarta. Muhaimin said that "insignificant progress" in industrial growth was limiting job prospects for millions of Indonesians.

"We have tried to reduce the numbers of unemployed by 1.5 million to 2 million annually. Our target is to decrease the unemployment rate to 5 percent or less," Muhaimin said.

The International Labour Organization (ILO) has said that the unemployment rate – which stands today at 9 million, according to ILO records – has been declining in Indonesia, whereas there was a steady increase of people being employed in the informal sector.

The ILO noted that the number of workers in the informal sector stood at 67.9 percent of the total workforce this year, up from 61.3 percent in 2008.

Kazutoshi Chatani, an ILO economist, said that many formal jobs in Indonesia were being lost in sectors ranging from textiles, garments, palm oil plantations, the auto industry and footwear, even though the country had weathered the global economic crisis relatively well compared to its neighboring countries.

"Subcontracted workers and temporary workers were those hardest hit," he said. "Overseas migrant workers were laid off and sent back home."

Millions of workers in Indonesia are underemployed, the ILO says.

Chatani said the declining demand for labor was caused by fierce competition and the high costs of starting and running businesses in Indonesia, as well as corruption and excessive bureaucracy.

Sofyan Wanandi, chairman of the Indonesian Employers Association (Apindo), said that after the crisis, Apindo had tried fixing working conditions to promote stronger industrial relations but there continued to be limited investment in Indonesia.

"Most of the investment is in the natural resources and service industries but there's almost no investment in labor industries. Workers in the informal sector receive only a third of the salary received by those working in the formal sector," he said.

"They have no fixed working hours, no health insurance, no transportation allowance and no meal allowance. On average they earn only Rp 800,000 a month."

The number of the unemployed in Indonesia, as quoted by the ILO, may not be valid as they have no social security, Sofyan said.

Thamrin Mosi, president of the Confederation of All Indonesian Workers' Union, said that bringing down the high unemployment rate was the state's responsibility. "The government should support investment strategies that can absorb more workers," Thamrin said.

Employers challenge government, unions to settle rows

Jakarta Post - December 12, 2009

Ridwan Max Sijabat, Jakarta – Employers have tasked the government and labor unions with settling unresolved issues on contract hiring and high severance pay, in a bid to foster a friendlier investment climate.

Indonesian Employers Association (Apindo) chairman Sofjan Wanandi said the crucial issues hampering the inflow of foreign investment were not the sole responsibility of employers or even the government, but of the entire nation.

He added they could be settled "only if we are all committed to boosting economic growth, alleviating poverty and coping with unemployment".

"Employers are ready to meet with the government and labor unions to settle these protracted issues haunting employers and workers," he said Friday during the presentation of journalism awards on labor issues.

Sofjan also warned of the global crisis hitting the country's formal sector, saying 70 percent of the workforce was underpaid and unprotected in the informal sector.

"In the past five years, investment only took place in natural resources, plantations, services and other capital-intensive industries, while many labor-intensive manufacturing industries, such as garment and shoe factories, had to rationalize their labor due to decreasing foreign orders because of the global crisis," he said.

He also suggested the more than 100 labor unions should merge and form a single confederation and appoint a single representative, instead of the current 15, who could handle social dialogues and pursue decent work and pay for all.

Manpower and Transmigration Minister Muhaimin Iskandar pledged the government's commitment to renegotiating the issues with employers and labor unions in a bid to revise the 2003 law on labor.

"The empowerment of the national tripartite institutions is urgent to help pursue the government's targets of reaching 7 percent economic growth, reducing poverty to 10 percent from the current 14 percent, and the unemployment rate to 5 percent from the current 8.1 percent," he said, adding the three-way dialogues had so far not been optimized.

Confederation of Indonesian Workers Unions (KSPI) chairman Thamrin Mossi said it was the government's constitutional duty to create jobs for the people, while labor unions were tasked with representing workers in collective bargaining and fighting for workers' rights and social welfare.

He also criticized the government for not implementing eight core ILO conventions and seven general ones that it had previously ratified, saying this had contributed to the widespread violation of worker rights. Thamrin declined to comment on the increasing demands for unions to unite.

The Confederation of Indonesian Prosperous Labor Unions (KSPSI) chairman Rekson Silaban expressed disappointment with two other confederations and other labor unions that had declined to merge in a bid to strengthen workers' bargaining position.

"The increasing demands for a merger are in line with global trends, where Europe only has only confederation, the ICTU (International Confederation of Trade Unions)," he said.

"The numerous trade unions here have proved ineffective in representing workers. Having a single national confederation would inspire workers to form a political labor party or force the existing parties to fight for pro-labor policies."

Officials from the KSPSI, the KSPI and the Confederation of All Indonesian Workers Unions (KSPSI) met recently in Sukabumi, West Java, at a talk hosted by the Friederich Ebert Stiftung (FES) and the American Council on International Labor (ACIL).

However, no progress toward a merger in the immediate future was made, with the unions agreeing only to seek common issues they could cooperate on and fight for. (nia)

Domestic helpers 'second-class, marginalized'

Jakarta Post - December 11, 2009

Sri Wahyuni, Yogyakarta – Despite claiming to have the most women worldwide employed in its ranks, the job of domestic worker is a marginalized one that offers its participants a life as a second-class citizen, an activist said Thursday.

"They're recognized not as workers, but helpers," said Rumpun Tjoet Njak Dien (RTND) advocacy coordinator Buyung Ridwan Tanjung.

There are an estimated 100 million domestic workers worldwide, according to 2009 data from the International Labour Organization.

On the home front, there were more than 3 million domestic workers in Indonesia in 2008, says the Central Statistics Agency (BPS), and more than 6 million Indonesian migrant domestic workers overseas.

Yogyakarta is home to more than 35,000 domestic workers, Buyung said.

The Yogyakarta Domestic Workers Organization Congress (KOY), which RTND helped established in 2007, currently lists 18 domestic worker groups, the RTND school's alumni association and a domestic worker family organization as its members. Each of the groups has between 15 and 25 members.

So far, Buyung said, only Yogyakarta municipality had recognized domestic workers as workers, as stipulated in a 2009 municipal bylaw on labor management, which he said was the result of 10 years of struggle by, among others, his organization.

To show appreciation, he went on, the KOY Awards would be presented to four individuals or institutions during a performance on Saturday.

The recipients are Yogyakarta Mayor Herry Zudianto, women's rights activist Lita Angraeni (chairwoman of the National Network for Domestic Workers Advocacy), the Yogyakarta municipal legislature and the Yogyakarta municipal labor agency.

In cooperation with the Association of Yogyakarta Theaters (GTY) and RTND, the KOY will hold a performance festival Saturday at the Yogyakarta Cultural Center compound.

The festival will present 11 theater groups featuring domestic worker associations from across Yogyakarta.

"Through the festival we want to voice our aspiration that we, domestic workers, also have the right to be recognized as workers and deserve to receive humane treatment from employers," said KOY secretary-general Murtini.

Festival organizing committee chairman Nono Karsono said the event was part of programs to celebrate the Universal Declaration on Human Rights, which falls on Dec. 10.

"Through the event we want to build the same understanding among the community that domestic workers' rights are exactly the same as human rights," said Nono, RTND's domestic worker education, development and organization coordinator.

He added the theater performance Wasti, A Testimony of Misery of an Urban Woman, involving local performers and several domestic workers, would close the festival Saturday evening.

Jakarta sets new wage rate despite labor protests

Jakarta Globe - December 11, 2009

Arientha Primanita – Jakarta Governor Fauzi Bowo has rejected calls from labor unions to boost the minimum wage for local workers.

Speaking at City Hall on Thursday, Fauzi said he had signed off on the new monthly minimum wage of Rp 1,118,009 ($120), a 4.5 percent increase on the current Rp 1,069,865, which had been agreed to by the City Wage Council.

"There are worker representatives on the Wage Council who were involved in the wage discussions and calculations," he said.

About 2,000 workers from the Jakarta Labor Forum demonstrated outside City Hall on Tuesday to demand the city administration revise its decision, saying the wage was not enough to eke out a decent living in the capital.

They said the new wage covered only 84 percent of the cost of living in Jakarta. The figure established to cover 100 percent of a proper livelihood was Rp 1,317,710.

Mandala M Baru, a member of the Wage Council, said on Thursday that if the minimum wage was raised to Rp 1.3 million, companies would go bankrupt.

"With an increase like that, many companies would go bankrupt and many people would be put out of work," he said, adding that the 4.5 percent increase was the maximum that could be implemented.

Mandala said it would be quite some time before officials could introduce an "ideal" minimum wage, adding that the economic structure of the city was not yet "modern" enough.

He said the modern economic sector struck a balance between the needs of employers and employees. "An example of a modern sector is banking. They never have any protests, right?" he said.

Subagiyono, secretary of the Jakarta Manpower and Transmigration Agency, said if the minimum wage was higher than the proper livelihood figure, it would affect work opportunities.

"So the choice is between whether many people have jobs or many people are jobless," he said. The agency's policy, he said, is to lower unemployment – and along with it poverty and crime – by ensuring that as many people as possible have work.

Subagiyono said there were other components to consider when setting the monthly minimum wage besides the cost of living figure, including the inflation rate, productivity, economic growth and the financial means of the companies.

Low wages forcing workers go on the stroll

Jakarta Post - December 9, 2009

Prodita Sabarini, Jakarta – Underpaid female workers are turning to prostitution to make ends meet, union activists say.

In a meeting with city councilors Tuesday, workers asked the council to recommend Jakarta Governor Fauzi Bowo raise the provincial minimum wage to at least meet the basic living cost in the city.

National Workers Union (SPN) member Halili said that in industrial areas, due to the meager income workers made, some women moonlighted as prostitutes.

The 2010 minimum wage in Jakarta is Rp 1,118,009, or 84.84 percent of the estimated basic living cost, which for 2010 has been calculated at Rp 1,317,710.

"The wages that workers receive each month don't cover the living costs, even if they work overtime," said Emilia Yanti, from the Coalition of Independent Workers Unions (GSBI). "To make ends meet, some women are resorting to selling themselves."

She added there were also groups taking advantage of the women's situation and steering them into prostitution.

"They trap the women to get in," she said. "It's all very well covered. The organizing of female workers as prostitutes is very well organized."

Emilia then told of two workers in Tangerang who had related to her how they had been lured into the sex trade by organized pimp groups.

"This is a recurring phenomenon in several industrial areas, where there are a lot of factories and workers," she said.

"With an increase in living costs and consistently low wages, prostitution will take place. We also found from a survey we carried out that at least 30 percent of women are the breadwinners in their families."

Their husbands are often unemployed or working odd jobs. "These women then either resort to prostitution or get tangled in debt to loan sharks," she said.

Thousands of Jakarta workers rallied in front of City Hall on Tuesday to demand a wage increase.

Traffic along Jl. Medan Merdeka Selatan, across from the National Monument Park, ground to a halt as protesters brandishing union flags shouted "Long live workers" as they marched down the street. The group moved to the City Council after failing to meet the governor.

They pointed out Jakarta's minimum wage was lower than in Depok and Bekasi. The minimum wage in Depok is Rp 1,157,000 and in Bekasi Rp 1,168,000.

They demanded the wage system be reformed, as there were many components, such as communication expenses and taxes, which had not been taken into account when deciding the minimum wage.

The SPN's Halili said the wage increase they sought was not excessive, and only sufficient to make ends meet.

He added 38 unions in Jakarta had joined forces to reject the new minimum wage. "If we want to make a mess in Jakarta, we can do it," he warned.

City councilors from Commission B, overseeing labor, met with union representatives. Commission secretary Thamrin said the councilors were on the workers' side.

"We'll summon the governor," he said. "We think the wage you requested, which is the standard cost to live decently in Jakarta, is understandable."

Thamrin added the council would prepare a recommendation for the governor after summoning the administration and the Jakarta Wage Board, comprising union representatives, the government and the business sector.

Environment/natural disasters

Walhi calls for environmental audit after Pertamina Sumatra blast

Jakarta Globe - December 15, 2009

Fidelis E Satriastanti – Following a PT Pertamina pipeline accident last week that left one dead in South Sumatra, Indonesia's leading green group on Monday urged the local government to conduct a thorough investigation of its impact on the environment in the area.

"Our area is very prone to this kind of incident and this is not the first time it has happened here. So, it is very important for the [local] government to make an assessment of the environmental damage as stipulated by the Environment Law," said Anwar Sadat, executive director of the Indonesian Forum for the Environment (Walhi).

The explosion on Wednesday in Lembak Tapus village, Muara Enim district, killed 12-year-old Febi Pantio and injured seven other teenagers who were playing near an oil pipeline managed by the state oil and gas firm. Three of the victims were still in hospital with burn injuries.

The 2009 Law on the Environment requires local governments to conduct an audit on activities that have high environmental risks and also on entrepreneurs believed not to be in violation of environmental regulations.

Anwar said there should be more concrete action from the government concerning environmental damage because there had been too little consideration of such a vital issue.

"Up until now, there were still no discussions on how to repair the ecological damage, even though the law also states that whoever damages the environment should consider restoration efforts," he said.

Anwar added that the only solid action being taken by local governments now was to improve the amount of available drinking water.

The government also needs to clarify what victims of environmental accidents are entitled to receive in compensation, both from the government and the company responsible, he said.

Ahmad Najib, head of the South Sumatra Environmental Office, said he was still waiting for the official report on the Pertamina accident from the head of the district.

"We can help by providing technical assistance, for instance with laboratory tests, but based on the law, if it occurred at the district level, we should wait for their decisions," Ahmad said.

The investigation was being conducted by local government officials and the police, he added.

He said his office could recommend only administrative sanctions over the possibility of mismanagement having caused damage to the environmental or loss of life.

"We are concerned about restoring environmental conditions, which is why we will be delivering the administrative sanctions and warnings to the company," he said.

Anwar said the law gave the environment office the same rights to investigate as the police and local government.

"However, concerning the enforcement of the law, or the criminal code, we will leave that in the hands of the police and the local government."

Greenpeace rebuffs offer of talks by Indonesia's Sinar Mas

Jakarta Globe - December 13, 2009

Fidelis E. Satriastanti & Arti Ekawati – The international environmental group Greenpeace has ruled out any discussion with PT Sinas Mas unless the crude palm oil company publicly declares a moratorium on its natural forests and peatland projects.

"We've actually been invited to their discussions several times, however, we conveyed a very strong message at our last meeting [with Sinar Mas], demanding the company show its commitment to stop damaging natural forests and peatlands. But, the destruction continues," said Joko Arif, a Greenpeace Southeast Asia forest campaigner.

"They know our demands and there will be no discussions until a moratorium [is in place]," he said, without divulging when the last meeting took place.

On Saturday, Sinar Mas said in a press statement that it was ready to open discussions with Greenpeace on its findings concerning accusations of illegal land clearing in Kalimantan, Riau and Papua.

The company also said that it was disappointed with the Greenpeace report which they labeled as one-sided, inaccurate, exaggerated and misleading.

Greenpeace released a report on Thursday alleging that Sinar Mas companies had cleared forested areas in West Kalimantan without securing the necessary permits as required by the 1999 Forestry Law.

On Friday, however, the Ministry of Forestry came to the defense of Sinar Mas, insisting that the company had violated no law in its West Kalimantan project and that clarification was needed in regard to a continuing misunderstanding over existing regulations governing timber plantations.

The Greenpeace report also estimated that in Riau alone the Sinar Mas average annual emissions from peatland degradation due to palm oil concessions was 2.5 million tons of carbon.

Daud Darsono, president director of Sinar Mas subsidiary PT Smart Tbk, said that the company would be ready to discuss anything with Greenpeace, including a possible moratorium.

"We will be ready to discuss anything, including a moratorium, as long as it will be done with exact standards and [using a] fair method," said Daud.

Following the Greenpeace report, Unilever, the world's biggest user of palm oil, announced on Friday that it was suspending purchases from Sinar Mas Group until the company proved its plantations weren't contributing to deforestation in Asia. Sinar Mas, however, downplayed the impact of Unilever's decision, saying that the company was one of its smaller buyers.

According to a PT Smart Tbk newsletter, the company had produced 462,356 tons of CPO from Jan. 1 to Sept. 30 2009.

Daud said that Unilever bought "only three percent of our total crude palm oil production."

However, Joko Supriyono, the secretary general of the Indonesian Palm Oil Producers Association (Gapki), expressed concerns over Unilever's decision to terminate the contract based on the Greenpeace report.

"They [buyers from the European Union] often threaten to stop buying crude palm oil from us over environmental concerns. Unilever terminating the buying contract from Smart is a serious matter to us," Joko told the Jakarta Globe in a telephone interview in Jakarta on Sunday.

Joko said that both Smart and Unilever were members of the Roundtable on Sustainable Palm Oil, a multi-stakeholder organization that sets standards and issues environmental certification for sustainable palm oil.

"I really would regret it if Unilever decided to determine its contracts based on standards set by Greenpeace, which is not an RSPO member," Joko said.

Logging trucks interrupt governor's reforestation speech

Antara News - December 10, 2009

What was supposed to be a key environmental speech from West Kalimantan Governor Cornelis in the increasingly deforested district of Kubu Raya, turned to embarrassment on Thursday when the occasion was repeatedly interrupted by trucks carrying freshly felled timber.

Cornelis was delivering a speech on President Susilo Bambang Yudhoyono's "One Man, One Tree" campaign, when the first truck carrying logs passed in front of the Sungai Ambawang subdistrict office on the Trans-Kalimantan Highway.

"I'm making a speech about the tree-planting movement and a truck carrying piles of timber passes by," he said to laughter from the audience.

The governor also attempted to make light of the second and third interruptions by logging trucks heading to the provincial capital Pontianak, joking that the timber was probably illegally logged.

"If we ask the drivers, I don't think they will have permits," Cornelis said.

It wasn't till a fourth truck slowly rumbled past the subdistrict office that the audience began to murmur and the governor responded by ordering the police to prevent any other trucks from passing in front of the building during his speech.

West Kalimantan suffers from alarming levels of deforestation, caused mainly by land conversion to make way for palm oil plantations.

Forest and peatland fires in the province are also a major contributor to haze in the region and carbon emissions that are a major contributor to global warming.

After the ceremony, a number of saplings were planted beside the Trans-Kalimantan Highway.

Cornelis said he hoped that everyone in the province could take part in President Yudhoyono's "One Man, One Tree" movement.

He calculated that if a quarter of West Kalimantan's four million people planted one sapling a day, then the movement's target of 7.7 million new trees, could quickly be achieved.

The Forestry Ministry, through the Kapuas River Management Agency, has donated 1.07 million saplings to West Kalimantan. In Kubu Raya district, 165,000 saplings were planted.

Human error caused Indonesia mudflow disaster: Komnas HAM

Jakarta Globe - December 10, 2009

Markus Junianto Sihaloho – The National Commission on Human Rights declared on Wednesday that the 2006 mudflow disaster in Sidoarjo, East Java, had been caused by a human error and announced that it had established a special team to investigate possible crimes committed by PT Lapindo Brantas.

Kabul Supriyadi, a member of the commission, also known Komnas HAM, said human error was clearly indicated in the Bakrie unit's failure to install a safety sheath during the drilling process.

"Our conclusion is that the mudflow was caused by human error and we've established an investigation team. We want to find out who is responsible for this disaster," Kabul said during a news conference on progress in human rights development.

According to Kabul, the team had begun its work two months ago and had summoned at least a hundred witnesses to testify.

He declined to say whether the team would summon Aburizal Bakrie, head of the Bakrie group, saying it would probe the people responsible for Lapindo's operations in Sidoarjo.

Kabul also said his commission had previously submitted a report on 18 suspected human rights violations in the Lapindo mudflow case to President Susilo Bambang Yudhoyono, the House of Representatives, the East Java governor and council members as well as the Sidoarjo district head.

"But I think they rejected the recommendations because they haven't followed up," he said.

Komnas HAM's conclusion contradicted results of an investigation by the National Police and House of Representatives, both of which concluded that the mudflow disaster, which has displaced tens of thousands of people and submerged thousands of homes, was not caused by human error.

Lapindo could not be reached for comment on Wednesday.

Under existing laws, the result of any investigation by Komnas HAM is to be submitted to the Attorney General's Office, which will then decide whether to press charges against persons targeted by the commission.

Meanwhile, Komnas HAM chairman Ifdhal Kasim said that the government had made no appreciable progress in terms of human rights this year.

"We cannot find any significant, serious or planned actions by the government to achieve human rights in economic, social and cultural issues," he said.

He added that cultural conflicts, labor problems, evictions, hunger and poor health services leading to high rates of mortality for infants and mothers continued unabated and that the government had always dragged its feet in dealing with human rights abuses.

"Settling past human rights cases is the government's responsibility," Kasim said.

Compensation call renewed for mudflow victims

Jakarta Post - December 10, 2009

Jakarta – The National Commission on Human Rights has renewed its call for the government to compensate the thousands of people affected by the East Java mudflow disaster, which has claimed their land and livelihoods.

Commission chairman Ifdhal Kasim said Wednesday the government had yet to take concrete actions to solve the problem.

"Many victims have not yet received compensation. This has robbed them of their economic and social rights," he told a press conference Wednesday.

PT Lapindo Brantas, an oil and gas exploration contractor appointed by upstream oil and gas regulator BPMigas, is considered responsible for the May 29, 2006, disaster that was allegedly triggered by its drilling activities.

The mudflow eventually affected a 90-hectare area, forcing locals to flee homes and rice fields.

The commission said the disaster was one of thousands of human rights cases that have not been resolved by the government as of this year.

The commission's head of monitoring and investigation subcommissions, Nurkholis, said the commission received 4,926 complaints related to human rights abuses this year, an increase from 4,843 last year.

The complaints, he said, came mostly from Jakarta, East Java and North Sumatra.

He said the commission recorded 836 cases from Jakarta, 609 cases from East Java and 529 cases from North Sumatra.

Ifdhal said the increase in the number of complaints was mainly due to the government's lack of consideration of human rights in its decision-making processes.

"The government has not taken serious, well-planned steps to ensure the rights of its citizens are protected," he said.

Nurkholis said the majority of the complaints revolved around violations of rights to obtain justice, prosperity and security.

The commission's head of mediation, Syafruddin Ngulma Simeulue, said there were 111 mediations in 2009. He said the commission was only able to resolve a few of these cases.

The cases were from East Java, and were all labor-related, involving conflicts between employees and their companies, such as state plantation company PTPN, Sakinah Hospital and Syaiful Anwar Hospital.

Ifdhal said many companies had deprived laborers of their economic and social rights by paying them rates far below the minimum wage set by regional administrations, for example.

Ifdhal said Jakarta had the highest rate of human rights violation. There were a lot of complaints from many layers of society, including from laborers, housewives, lecturers and NGOs.

He also said millions of citizens had been deprived of their rights during the April 9 House of Representatives election.

"The mismanagement of the electoral process has deprived people of their political and civil rights," he said.

He also said the Attorney General's Office had not followed up on the missing persons cases that had been submitted to it since last year. (nia)

Women & gender

Ten years seeking justice and end to violence against women

Jakarta Post - December 14, 2009

The year 2009 marks the 11th anniversary of the creation of the National Commission on Violence Against Women, which was established by former president B.J. Habibie because of the lack of an institution specially tasked with providing legal assistance for women victims of violence.

The commission commemorated recently in a ceremony its more than a decade of struggle against injustice and violence against women, on the sidelines of which commission chairwoman Kamala Chandrakirana shared the journey, obstacles and future challenges of the organization with The Jakarta Post's Erwida Maulia.

Here are the excerpts from the interview.

Question: What do you think the commission has achieved during more than 10 years of its journey in defending the rights of women in Indonesia?

Answer: One of most concrete achievements is perhaps how we've managed to build a comprehensive understanding on what are the forms of violence against women. They can experience violence inside their households, amid conflict situations, or when seeking a job.

And it is in the past 10 years we've been able to unravel bitter things experienced by women in the previous 32 years (the era of the New Order regime), during which there had been no room for victims to tell of what had happened. The political system at that time was hardly democratic.

We, for example, have been able to document violence and discrimination experienced by women in 1965. We've met women aged 70 years or more, who have kept their mouths shut for over 40 years and endured detention without legal process for more than a decade; not to mention the stigma attached to them right up to now.

And another example is what happened in East Timor. The history of violence and military domination in East Timor has had its own impacts on women. The same things occurred in other regions dubbed as the Military Operation Areas; violence against women was committed in the name of the nation.

During the process we've also successfully built a methodology to monitor acts of violence against women, as well as abuses to their rights. We've managed to build a system, create instruments and develop a monitoring concept integrating efforts to help them recover from violence and empowering them.

In what terms women can now begin to enjoy their rights, and in what terms do they still have a long way to go?

What has been improving for the past 10 years is that a growing number of stakeholders, either in the public or government institutions, have begun to create system providing assistance for women victims of violence, as well as educating the public to prevent other violent acts in the future. Various organizations and institutions with diverse backgrounds, such as from the religious communities and student groups, have taken the initiative to do so. This makes us so proud and boosts our spirits (to continue defending women's rights).

We still, however, have a lot of things to do in term of our engagement with politics in this era of democracy. We've experienced a number of elections, which have been recognized as open processes, but the open space provided by democracy has been used by those competing to earn positions in the government.

Many discriminatory policies against women have been justified in the guise of moves to advance social, religious or ethnic identity by politicians having secured strategic positions in state institutions. These policies deploy certain religious interpretations, but are in fact discriminatory against women and prompted by short term political interests. They use morality to justify new regulations. In the end not only women are victims, but also the rest of the nation because such policies are against our Constitution. And the issuance of these policies have created other problems.

And what are the examples of such policies?

The most dramatic and recent ones are bylaws produced in Aceh which have been issued in the name of the implementation of Islamic sharia. The Acehnese administration has produced forms of punishments not recognized in our national legal system, such as stoning and caning, which are controversial in Aceh. The bylaws, however, have been endorsed because there are many political interests involved.

Then there is also the criminalization of some forms of social behavior deemed to be in violation of certain religious laws, such as what is called khalwat, whereby an unmarried woman is considered to be too close together with men who are not their close relatives in private places. This is not a crime, but is criminalized and the perpetrators can face caning as punishment.

Another discriminatory policy, though not as dramatic, is that it is mandatory for female Muslim civil servants to wear Islamic attire, which has taken effect in 16 regencies/municipalities in seven provinces: Aceh, West Java, Banten, Central Java, West Nusa Tenggara, South Sulawesi and South Kalimantan. Although the majority of Indonesians are Muslims, there shouldn't be any policies violating individuals' rights to determine their identities.

These policies are among new problems emerging in the era of reform and democracy that would never have come about had the state apparatus understood and been committed to our Constitution.

So what do you think the government should do with such policies?

Firstly because we all live in a country named Indonesia, we are all bound to the social contract inscribed in the 1945 Constitution, one of whose main principles is nondiscrimination; equality before the law. Whether it is the central government or regional administrations, ordinary citizens or state apparatus, we all should always revert to the national Constitution. Neither special nor regular autonomy status and rules should contradict the national Constitution.

The central government has several roles to play in ensuring consistency between national laws and regional legal requirements. The Home Affairs Ministry, for example, can review bylaws before their endorsement, while the Supreme Court can revoke them had they been already issued through judicial reviews. The Constitutional Court can revoke discriminatory laws (at the national level, while the Justice and Human Rights Ministry is tasked with harmonizing all regulations and policies produced in Indonesia.

And what do you think are the future challenges for women?

In the future there are problems with our environment and economy, among others. This happens not only in Indonesia, but also at the global level. This demands women to be part of core decision-making forums.

If these forums are dominated by men, and have no women in substantial number with significant positions, then the outcomes produced will be effective only for half of the world's population. That would leave or create unsettled problems. So, in this context, the challenge for women is to become an integral part of leadership at both national and international levels to help solve the major problems faced by the world and our nation.

Health & education

Illegal fees hamper low-cost healthcare

Jakarta Post - December 14, 2009

"Who's next?" "You, who's the sick one? How much?"

Muktiono, who sat behind a reception desk at a registration room at Rumah Sakit Cipto Mangunkusumo (RSCM) hospital, Central Jakarta, aided a woman from a crowd of applicants concerning medical bill relief.

What seemed like a military roll-call session Wednesday was an official procedure to determine the applicants' eligibility for low-cost healthcare under the SKTM scheme.

What followed was an exchange that could easily be mistaken for bargaining in a traditional market.

An SKTM is a letter from a subdistrict chief, stating that a resident lives in poverty. The administration provides relief from medical costs to help cover health insurance for families living in poverty (Gakin). The letter is proof of one's poverty status and entitles him to the bill relief.

After attaining the letter, an applicant must attend an interview with officials from the Health Agency to determine an appropriate amount of relief. Most patients receive a 50 percent cut on costs. During the interview, officials assess patient's eligibility according to their living conditions.

The RSCM, a hospital with large number of patients, has an official from the agency stationed to interview the applicants. In smaller hospitals, applicants must go to the agency's nearest office for the interview. The complicated procedures inevitably trigger corrupt practice among officials.

Health rights activist Febri Hendri from the Indonesian Corruption Watch said that a recent survey found that subdistrict officials often requested between Rp 100,000 (US$10.5) and Rp 400,000 for anyone who wanted the letter, regardless of the applicants' financial position.

"A complicated administration process is the perfect climate for corruption," he said. With poor monitoring from the higher level administration, these practices have continued over the years, he said.

The agency's head, Dien Emawati, admitted that the current SKTM procedures are prone to corruption. However, she said it was the most effective system that the administration could offer at this stage. "We want to help residents during hard times," she said.

Dien said hospital officials also often reported they caught middlemen who processed documents for patients who did not live in poverty. The agency's recent findings were from Koja hospital in North Jakarta, and Kartika Pulo Mas hospital in East Jakarta, she said.

"Middlemen pretend they are the relatives of patients," she said. "They take care of the procedure at subdistricts," she said.

However, no fines were handed to middlemen or officers as the regulation does not prohibit it, said Dien.

Former Health Agency chief Chalik Masulili said the administration should have ended the SKTM scheme a long time ago. "Officials are unable to control the selection with an ineffective system," he said.

Jamkesmas is the government-run free healthcare insurance program for people living in poverty. It began in 2008.

"The letter is only based on a judgement of one or two officials at a local subdistrict," Chalik, who is now the Health Ministry's Jamkesmas chief, said. "Who can guarantee their honesty?" God, perhaps?

Teenagers get sex education from Internet, not parents

Jakarta Post - December 8, 2009

Prodita Sabarini, Jakarta – Amid the high spread of HIV and AIDS through sexual contact in Indonesia, youths are still finding it hard to discuss sexuality and safe sex with their parents due to the taboo surrounding the topic.

"I'm embarrassed. They also never try to talk to me about it," said Galuh Mamasari, 22.

She was attending the MTV Staying Alive 2009 concert on Dec. 6, organized by Global TV and condom producer DKT International, to commemorate World AIDS Day. She said she gets sex information from events like the concert and the Internet.

Nandang R., also 22, said parents should be more open about talking about sexuality and safe sex to their children. "Parents should be the closest to their children and therefore their source of information," he said.

As the country with the biggest Muslim population in the world, the people hold a conservative view on sex, in which it should only be consummated by people with their lawful partners. In practice however, pre- and extramarital sex in Indonesia are present within society.

DKT International Indonesia Program Manager Pierre Frederick Newmaster said a study showed in Indonesia the average age teenagers became sexually active was 17.

"This means, teenagers need to receive information on sex education before they reach that age. The right people to deliver the message are parents. But, this is Indonesia with a strong Asian culture. Not all parents are ready to convey the information."

Pierre said sexual education for teenagers was important. "If we don't provide the right information for them, they would find the information from the Internet, from friends, and even from blue movies. We can't turn a blind eye, they are available."

"We're not suggesting they should have sex. But they need more information concerning HIV and AIDS prevention and condom use, so they can be responsible."

The World Health Organization (WHO) said condoms were the only contraceptive method proven to reduce the risk of sexually transmitted infections (STIs), including HIV.

They can be used as a dual-purpose method, both for preventing pregnancy and protection against STIs. The WHO also said laboratory studies have found that viruses do not pass through intact latex condoms even when devices are stretched or stressed.

According to data from the National AIDS Commission (KPA), sex was the primary cause of infection with 48.4 percent of Indonesian HIV/AIDS sufferers contracting the virus through heterosexual relations, 42 percent from intravenous drug usage and 3.7 percent from same-sex relations. Official records mentioned there were at least 290,000 with HIV and more than 18,000 have AIDS.

Pierre said the music event was a way to increase HIV/AIDS awareness. "Music is a language that can be accepted by all walks of life," he said, adding he expected more than 150,000 to attend.

Between band performances, MTV VJs addressed the crowd and delivered safe sex messages. For Rp 10,000 (US$1) visitors could watch more than a dozen artists perform. The proceeds will be donated to charity foundations with HIV and AIDS programs.

Bank Century inquiry

Whole bailout process was 'illegal,' says audit agency

Jakarta Post - December 15, 2009

Jakarta – The investigators into the Bank Century's bailout may be hitting a wider target as the Supreme Audit Agency (BPK), whose recent report is the basis for the probe, underlined Monday the bailout process might not have a legal basis.

On Monday, the BPK hosted a meeting with representatives from three law enforcement institutions, the Corruption Eradication Commission (KPK), the National Police, and the Attorney General's Office, as well as the Financial Transaction Report and Analysis Center (PPATK), to discuss its findings that might lead to criminal charges arising from the case.

A member of the BPK who was also the head of the BPK's investigation team on the Bank Century case, Hasan Bisri, reiterated the agency's findings, as stated in the audit report, that the whole bailout process resulting in Century being handed over to the Deposit Insurance Corporation (LPS) might be illegal due to the absence of a clear legal basis.

A body called the Coordination Committee (KK) officially handed over the Bank Century to the LPS, but the BPK audit said the KK had never been legally formed.

According to Article 21 of the 2004 Law on LPS, a troubled bank considered to constitute a systemic threat to the banking system should be handed over by the KK to the LPS. However, the detail of the law said that the KK could only be established after the enactment of the proposed law on the financial sector safety net, which has never been established and endorsed.

"In this case, we found that the KK's legal basis was absent and therefore the LPS management of Bank Century has not been legally covered," Hasan said.

The KK was crucial because the bailout disbursement could not be done if the committee did not hand over the bank to the LPS.

When asked whether the absence of a legal basis for the KK would mean the whole Rp 6.76 trillion (US$710 million) of bailout was illegal, Hasan said, "I think so."

LPS executive director Firdaus Djaelani recently said the debate over the KK's legal basis was due to differences in legal interpretation.

"In my opinion, the KK was legal. It was not a real institution, though. It was like a group of officials." KPK acting chairman, Tumpak Hatorangan Panggabean, said the antigraft body would only investigate violations committed by authorities and leading to state losses.

"If you ask whether the KPK has found graft indications? I answer, yes. We have kicked off preliminary investigations but have yet to be able to publicize the case. "We will soon summon witnesses, search offices, seize evidence, in order to find facts before we can name any suspect," Tumpak said.

National Police Chief Detective Comr. Gen. Ito Sumardi, meanwhile, said that detectives would soon question Ito's predecessor Comr. Gen. Susno Duadji over the Century scandal. Susno previously said that he had information about the recipients of the bailout funds.

Another BPK member, Taufiequrahman Ruki, said the investigative audit of the bailout had found nine violations that could potentially be categorized as crimes. "The possible crimes don't only include corruption, but also banking crimes and money laundering, as well as general crimes," Ruki, a former KPK chief, said.

Information on the nine findings will be distributed to three law enforcement institutions. The violations were allegedly committed by officials from Bank Indonesia, the Financial System Stability Committee (KSSK), the LPS and Bank Century itself. (bbs)

Sri Mulyani proves Bambang wrong

Jakarta Post - December 14, 2009

Aditya Suharmoko and Hans David Tampubolon, Jakarta – Finance Minister Sri Mulyani Indrawati expects allegations that she conspired with Robert Tantular, which have now proven untrue, would not distract the public's attention from the ongoing probe into Century.

"I hope this allegation, made by lawmaker Bambang Soesatyo, a member of the Golkar Party, will not distract us," Mulyani said Sunday.

"We want the investigation into Century to be objective, transparent, credible and untarnished by dirty political motives. I think this [allegation] has led to character assassination.

"I hope the people who are hoping to see the truth [concerning the Century investigation] can be fulfilled."

Bambang last Friday said, based on the tapes received by the parliament's inquiry committee, Mulyani had a conversation with Robert, a former Century owner, to decide Century's bailout during the Financial System Stability Committee (KSSK) meeting on Nov. 21.

Mulyani on Sunday showed video records that the person Bambang thought was Robert was actually Marsilam Simanjuntak, head of the Presidential Working Unit for Reform Program Management (UKP3R).

Marsilam said he was there because the KSSK had invited him.

The video shows that Mulyani said: "Right, now we hold a closed- door meeting... On Robert..."

Then Marsilam responded: "I think you held a closed-door meeting, with a note that the conclusion... especially the article is the crisis that we are facing now... "

Mulyani said she mentioned Robert's name in response to Agus Martowardojo, president director of Bank Mandiri, Indonesia's largest bank by assets, who talked about depositors who placed large deposits of above Rp 2 billion (US$211,640) and might have a "special deal" with Robert.

Raden Pardede, secretary of the now-defunct KSSK, said Robert was not present at the meeting.

"Robert was on the second floor [of the Finance Ministry] while the KSSK meeting room was on the third floor." The video shows that on the left side of Mulyani sat lawyer Ari Surowijoyo, Marsilam, Finance Ministry secretary general Mulia P. Nasution, Raden.

On the right side of Mulyani sat central bank officials: Boediono, Miranda S. Goeltom, Siti Chalimah Fadjrijah.

Mulyani said she is considering a lawsuit against Bambang.

Wimar Witoelar, who moderated the press conference, said Mulyani had been treated unfairly. "This noise is made by anarchic political groups. The media are being used as their tools."

Lawmakers question why the Century's bailout reached Rp 6.76 trillion.

They suspected there were other motives to save Century (now renamed Bank Mutiara), which is a small bank, although Mulyani and the central bank said the bailout was done to protect the financial sector from systemic threat amid the global financial crisis.

Bambang Soesatyo said he wanted to move on from the controversy surrounding his allegations.

"Let's end the debates right now. I don't want the House's committee works to deviate from its original agenda to reveal the truth behind the case," he said.

"The committee never aimed to accuse anyone using the recording, it just wanted to clarify whether the dialogue did take place."

Bambang is a member of a House Inquiry team into the Century bailout.

Sri Mulyani hits back at critics over Bank Century

Jakarta Globe - December 13, 2009

Dion Bisara, Muninggar Sri Saraswati & Camelia Pasandaran – Finance Minister Sri Mulyani Indrawati launched a counterattack against her political critics on Sunday, producing a videotape that refuted allegations she had huddled with former PT Bank Century owner Robert Tantular before deciding to bail out the troubled lender last year.

The video was of the final part of a brainstorming session of the Financial System Stability Committee (KSSK) with senior officials from the central bank, the Finance Ministry and the Deposit Insurance Agency (LPS) on Nov. 21, 2008, the day the committee decided to bail out Bank Century.

The tape shows Sri Mulyani, Vice President Boediono – the BI governor at the time – KSSK secretary Raden Pardede, head of the President's Working Unit for the Management of Reform Programs, Marsilam Simanjuntak, and other officials. However, Tantular was not seen or heard on the tape.

On Friday, Golkar's Bambang Soesatyo, a member of the House of Representatives committee investigating the controversial Rp 6.7 trillion ($710 million) bailout, claimed to have a recording of a conservation between Sri Mulyani and Tantular at the meeting in question, in which the disgraced banker allegedly urged the minister to "just make the conclusion that the economy is in crisis" and rescue the bank.

His comments were met with swift denials by Sri Mulyani, Boediono and Tantular, who is now in prison for fraud. "I never met, talked to or even personally know a person named Robert Tantular," Sri Mulyani said. "It is despicable slander. We all hope the investigations go on transparently and credibly."

The House and the Corruption Eradication Commission (KPK) are investigating the bailout amid unsubstantiated allegations that some of the funds were embezzled by political figures, including President Susilo Bambang Yudhoyono's re-election team.

The Supreme Audit Agency (BPK), which conducted a damning audit of the bailout, is scheduled to meet today with officials from the KPK, National Police and Attorney General's Office to discuss its findings.

Last week, Sri Mulyani told the Wall Street Journal that the House investigation into the Bank Century bailout was an attempt to discredit her. She also expressed doubts that the Golkar Party, which has been pushing for a full investigation, would be fair to her, given her strained relationship with the party's chairman, Aburizal Bakrie.

Her comments sparked outrage among Golkar lawmakers, causing further speculation that Sri Mulyani's days as finance minister were numbered. Prior to Sunday, there had been a growing chorus among lawmakers for Sri Mulyani, as well as Boediono, who had pushed for the bailout, to resign to avoid hampering the investigations.

However, it appears that Bambang overplayed his hand. Raden said the voice on the videotape that Bambang had claimed was Tantular was actually Marsilam. Tantular, he said, was waiting on the second floor of the Finance Ministry, while the meeting was held on the third floor.

"He was brought there by the central bank because his bank was likely about to be bailed out," Raden said of Tantular. Marsilam, he said, interrupted Sri Mulyani as she was mentioning Tantular's name, creating the appearance he was part of the conversation.

Earlier on Sunday, Bambang reiterated that Golkar had received a recording of a conversation between Sri Mulyani and Tantular and needed to confirm when it occurred.

He also said it didn't matter if the recording was wrong because, as a lawmaker, he was immune from prosecution. "What I said was in accordance with my duties. My duty is to find evidence, which is the recording. If it is said to be slander, prove it."

Politics will hijack Century case: Analysts

Jakarta Globe - December 11, 2009

Febriamy Hutapea, Muninggar Sri Saraswati, & Nivel Rayda – Finance Minister Sri Mulyani Indrawati and Vice President Boediono may be highly regarded technocrats, but the looming House of Representatives investigation into the PT Bank Century bailout is going to be a fierce political battle for which the two are ill prepared, analysts and civil society leaders said on Friday.

"The case has become a fight within the political elite. The public's interest in transparency and accountability in the bailout decision has been put aside," independent financial analyst Yanuar Rizky told the Jakarta Globe.

Rizky and some NGO activists want to see the House special committee set up to probe the Rp 6.7 trillion ($710 million) bailout step aside and let the Corruption Eradication Commission (KPK) lead the investigation.

"The House special committee should only observe and expedite the KPK's investigation," Rizky said.

Sri Mulyani and Boediono, then governor of the central bank, sanctioned the bailout of the mid-sized bank in November 2008 over fears that its collapse could have imperiled the entire banking system at the height of the global economic crisis. Both officials have said the action was legal and taken for the good of the nation.

On Thursday, in an interview with the Wall Street Journal, Sri Mulyani accused Golkar Party chairman Aburizal Bakrie of using the case to retaliate against her for clashing with him on several policy matters.

Golkar officials denied having any political agenda in pushing for the House probe.

The Century affair is not a legal proceeding but instead a forum for political parties, warned Yunarto Widjaja, a political researcher for Charta Politika, an NGO.

"Their [Sri Mulyani and Boediono] political positions are very shaky as they are technocrats," he said. "They don't have traditional political backing. This is something that we were afraid of."

Transparency International Indonesia's secretary general, Teten Masduki, said on Friday that the political process in the House was counterproductive.

"People are tired of the blame game and will ultimately lose interest," he said. "Especially if they see the House inquiry as nothing more than a political maneuver."

The Golkar Party is likely to use the case "to bargain with the Democratic Party and to fulfill Bakrie's interests," Yunarto said. "Golkar may want to fill the position of vice president" if Boediono should fall, he added.

The Indonesia Democratic Party of Struggle (PDI-P) is likely to use the case, Yunarto said, "for short-term benefit – that is to end possible legal problems surrounding some of their lawmakers."

He was referring to allegations that PDI-P lawmakers accepted bribes related to the appointment of former central bank senior deputy governor Miranda Goeltom. That case is currently being investigated by the KPK.

Burhanuddin Muhtadi, a senior researcher with the Indonesian Survey Institute, maintained that the parties in coalition with President Bambang Susilo Yudhoyono's ruling Democratic Party were in the game for political leverage.

"You can smell their political ambition," Burhanudin said. Those outside the ruling coalition, such as the PDI-P and Golkar, could use the Century probe as a way to wave a populist flag to burnish their credentials for the 2014 elections.

"We need to closely monitor this so that the case does not end up making scapegoats of several people," Burhanudin said.

According to these analysts, Sri Mulyani and Boediono also cannot rely on the Democratic Party to support them. "The party wants to safeguard the position of the president and the party itself until 2014," Yunarto said.

Meanwhile, a top executive at the Democratic Party, Anas Urbaningrum, insisted that the House special committee investigating the Century bailout would work fairly despite the tensions between Sri Mulyani and Aburizal. "We don't work based on personal interests," Anas said.

Boediono, Sri Mulyani in firing line, expert says

Jakarta Globe - December 10, 2009

Febriamy Hutapea – Political parties are lining up to remove Vice President Boediono and Finance Minister Sri Mulyani Indrawati from their much sought-after positions and replace them with their own party members, a political observer warned.

Arbi Sanit, from the University of Indonesia, said on Wednesday that although the House of Representatives' special committee probing the controversial bailout of PT Bank Century would not dare to touch President Susilo Bambang Yudhoyono, the respected technocrats were ready targets because each party had a vested interest in filling the senior positions with its own members.

"They will be the first victims," Arbi said, adding that Yudhoyono could also conceivably sacrifice Boediono and Sri Mulyani to save himself.

State administrative expert Irman Putra Sidin, speaking during a discussion at the Regional Representatives Council (DPD) on the political implications of the probe, said the investigation should be focused on why the government insisted on the Rp 6.7 trillion ($710 million) bailout.

"If the committee directs its investigation toward the banking crimes or money trail, it will be useless. It will only be used as a way to exploit the case for their own interests," he said. "The committee should find out whether there was any abuse of power in the decision to bail out the bank."

Irman said that if there was a constitutional violation, the House should let the Constitutional Court rule on the issue and decide what action to take against the government.

"If it proves a violation, the president should be removed," he added.

Bambang Soesatyo, a member of the House special committee from the Golkar Party, acknowledged there had been a dilemma over coalition ties with Yudhoyono's Democratic Party, but said his duty to the people came before any political dealings.

He promised, however, that he would remove himself from the committee if its investigation was turned into a political tool.

"I'm ready to resign if that scenario unfolds," he said.

Jhon Pieres, a DPD member representing Maluku, said he was "very pessimistic" regarding the committee's ability to get to the bottom of the scandal.

"It's really difficult for Golkar to confront the Democrats, especially with the appointment of Idrus Marham, who is very close with Yudhoyono, as the committee chairman," he said.

He went as far as to say the committee was a "waste of political energy and money," adding that radical steps were needed to educate the people about the country's political and legal systems.

Indonesian house proposes Rp5 billion budget for Century Probe

Jakarta Globe - December 11, 2009

Febriamy Hutapea – The Bank Century bailout scandal is likely to end up costing Indonesia at least an additional Rp 5 billion ($530,000).

That was the amount proposed on Thursday to finance the operational costs of the House of Representatives' special committee established to investigate the allegedly illegal Rp 6.7 trillion bailout.

"It's the standard minimum amount for a House special committee budget in anticipation of a four-month working period," committee deputy chairman Mahfudz Siddiq said.

Mahfudz, of the Prosperous Justice Party (PKS), said the money would be spent covering meeting expenses – including members' personal meeting allowances – and paying for experts and witnesses summoned to give their opinions, as well as a "field survey" to probe whether any misappropriated state funds could be recovered.

It was not immediately clear why the committee would need to commission such a survey, given its extensive powers to instruct any government agency to investigate on its behalf.

Committee deputy chairman Yahya Sacawirya, from President Susilo Bambang Yudhoyono's Democratic Party, said the committee would probably hire 10 expert staffers who would each be paid Rp 7.5 million per month.

Mahfudz, speaking after a committee leadership meeting in the House, defended the size of the allocation, saying any money left over would be returned.

"It is better proposing an excessive budget rather than suffering from a budget deficit," he argued, adding it would be more difficult to make additional requests for funds.

He said the allocation would be voted on by the entire 30-member special committee before it was officially approved.

Sebastian Salang, chairman of the Concerned Citizens for the Indonesian Parliament (Formappi), criticized the allocation as excessive, particularly given the probe would only last for about four months.

"They need to show a sense of crisis. It's too much" Sebastian said. "They should be [trying] to save on the state budget."

He said many such special committees in the past had produced "less-than-optimal results," and it would be better if the House calculated its budget according to what it actually needed. "They'd better be serious with such a huge budget and come up with some concrete results or the people's distrust of the House will grow," Sebastian said.

Meanwhile, the committee's leadership meeting also agreed to verify major data from the Supreme Audit Agency (BPK) by summoning its former chief, Anwar Nasution, and the current chief, Hadi Purnomo, after conducting a plenary meeting on Monday.

"So, starting on Dec. 15 [Tuesday], we can summon them to confirm and add some depth to the final audit," Mahfudz said.

After verifying the BPK's data, Mahfudz said the committee's investigation would move to the decision-making process behind Century's bailout.

At that time, Finance Minister Sri Mulyani Indrawati was the chair of the Financial System Stability Committee (KSSK) that authorized the Deposit Insurance Agency (LPS) to inject funds into Century.

"When the investigation's focus is on the decision-making process, all those who attended the meeting will be summoned," Mahfudz said.

According to the recorded minutes of the November 2008 meeting, then-central bank governor and current Vice President Boediono pushed for the bailout, despite opposition from the Capital Market and Financial Institutions Supervisory Agency (Bapepam-LK) and the Finance Ministry.

Sri Mulyani hits out at Bakrie for trying to 'discredit' her

Jakarta Globe - December 10, 2009

Finance Minister Sri Mulyani Indrawati has accused Golkar Party chairman Aburizal Bakrie of trying to discredit her in an interview published in the Wall Street Journal on Thursday.

Sri Mulyani said that the Rp 6.7 trillion rupiah ($700 million) bailout for Bank Century was legal. She claimed a parliamentary probe into the government's handling of the bailout was an attempt by rival politicians to topple her because of her efforts to overhaul the country's bureaucracy.

She said she believed the probe was an attempt to discredit her by politicians that oppose her reform agenda, notably leaders of the Golkar Party, including chairman Aburizal Bakrie, a billionaire businessman and a former cabinet member.

"Aburizal Bakrie is not happy with me. I'm not expecting anyone in Golkar will be fair or kind to me," Sri Mulyani said.

Tensions between herself and Bakrie commenced last year, she said, when she opposed the closure of Indonesia's stock exchange amid a run on companies controlled by Bakrie. Aburizal Bakrie ordered the closure, she said.

Sri Mulyani also last year imposed a travel ban on a number of coal-mining executives, including some from Bakrie's companies, after a dispute over the refusal of the companies to pay royalties on the sale of coal to the government.

In the interview, she said Indonesia was serious about eradicating corrupt officials in the courts, Attorney General's Office and the National Police. However, she said she was aware of the consequences of calling for change.

"I should become more realistic, I'm expecting a nasty battle if I'm going to do the reform," she said.

Brokers may act to stifle bailout inquiry

Jakarta Post - December 9, 2009

While President Susilo Bambang Yudhoyono has pledged to root out persistent case brokers undermining law enforcement by the police force, the Attorney General's Office (AGO), and the judicial system, no attention has been paid to such practices directly affecting the House of Representatives, especially while it is investigating the high-profile Bank Century bailout scandal. The Jakarta Post's Ika Krismantari explores the issue. Here are the stories:

Former legislator Mufid A. Busyairi had become a standing joke among his colleagues when he returned bribe money worth Rp 100 million (US$10,600) to the Corruption Eradication Commission (KPK) in mid-August.

"I was a laughing stock among fellow lawmakers because the money were given to the KPK weeks before (the Islamic) Idul Fitri holidays when people usually need a lot of cash to finance the celebrations."

"But I just could not take them, they were not mine," Mufid told The Jakarta Post in an interview recently at his humble house on the outskirts of Bekasi, West Java.

While Mufid refused to reveal the identity of the broker who delivered the cash and the motives behind it, sources at the KPK said the bribe was allegedly aimed at undermining the 53 members of the House's inquiry and investigative committee on fuel distribution, subsidies and costs, assembled in mid 2008 after the government's widely criticized decision to raise fuel prices.

Mufid was among the committee member representing the Nation Awakening Party (PKB). The committee was headed by Zulkifli Hasan, now the Forestry Minister.

In its first two months of work, the committee launched a string of hostile criticisms against the government, the oil and gas regulators, and the oil companies, accusing them of corruption and collusion in fuel production and distribution.

These charges have eventually died down, leading the committee by September to simply make some general recommendations without discernible impact on existing policies.

The case involving Mufid and the fuel inquiry committee is just an example where brokers hired by vested interests may have played a role in undermining the effectiveness of an inquiry.

A lawmaker at the House's Commission VII for energy and mining, who requested anonymity, resaid the hired brokers have not only offered lawmakers bribes but also positions in the Cabinet and in lucrative and influential government offices, state companies and state agencies.

The lawmaker believed that due to this environment the ongoing inquiry to unravel irregularities in the bailout of Bank Century was likely to end similarly to previous inquiries.

"There will definitely be a deal proposed either by brokers or directly by senior politicians to end the inquiry, or to have the inquiry result totally neutralized," said the lawmaker.

According to the lawmaker there are at least two prominent figures actively brokering a deal in huge cases handled by the House.

One is a high-ranking official with an influential political party, mostly brokering on issues related to law enforcement, security, politics, and welfare. The other one is the spouse of a retired four-star general, usually dealing with issues related to business and economic affairs.

"They have numerous ways of lobbying and delivering the kickbacks. Sometimes directly to high-ranking party officials or through several sub-contracted brokers to get to several lawmakers," said the lawmaker, who is now working for his second term representing an Islamic-based party.

Both are so politically wired that they remain untouchable by law enforcers. However, the KPK is already targeting one of them for investigation into a bribery case involving former lawmakers.

There are also smaller and less influential players comprising government officials and executives of state and private companies, business associations, and journalists embedded within the House.

They deliver kickbacks for various purposes from preventing lawmakers raising harsh questions during a hearing up to revising or eliminating a clause in a bill to the advantage of certain interests.

In certain cases, brokers are battling each other for the highest bid to buy lawmakers. The most recent such battle involved the passing of a bill on transportation, deliberated late last year.

The police and the Transportation Ministry were deploying their chosen Chinese-descendant businessmen to bribe lawmakers as part of a struggle for the right to issue driving licenses.

Since decades, driving licenses has been among the lucrative "businesses" of the police force until the Transportation Ministry made a takeover bid attempt through a bill.

Eventually, the police won the in-fighting by keeping the authority to issue driving licenses intact under the Transportation Law endorsed in February. Both the police and the ministry have repeatedly denied any such allegations.

However, due to the huge scale of the distribution of bribery money, the KPK has identified some irregularities, currently investigating cases that may impact on more than 35 serving lawmakers.

Aside from dealing with bills, brokers are also called in during an election by lawmakers for top posts in government offices and state agencies.

The recent investigation by the KPK into several lawmakers for allegedly receiving bribes during the election of former Bank Indonesia senior deputy governor Miranda Goeltom is just the tip of an iceberg.

Approval for ambassador posts, selection for leaders of the Supreme Audit Agency (BPK) and even the KPK are tainted with deals involving brokers with lawmakers and government officials in exchange for various benefits.

Chairman of the House's ethics council Gayus Lumbuun acknowledged the existence of such brokers, revealing their types of intervention. He said the most obvious were usually lobbies from certain parties, either by brokers or lawmakers to influence decisions by other parties.

"Such action is difficult to identify, as to whether it is contaminated with bribes or (illegal) gains as... any lawmaker (can) change his mind during a discussion on certain issues," Gayus said.

He said the easiest way of spotting irregularities was when lawmakers forcefully revised a passed bill without this being initially agreed with other lawmakers. "This is easier to detect because there's hard evidence of the changes."

Another fellow lawmaker Tjatur Sapto Edy believed the scale of bribery was determined by the position and the depth of involvement of a lawmaker in certain bills and hearings.

"Inactive legislators may only receive hundreds of millions, while those having top positions may receive up to Rp 1 billion," he said. However, he added, the green light for receiving bribes was basically given by the party leaders.

Lawmakers' income

Each legislator's monthly take-home pay: Around Rp 60 million (US$6.300), including various benefits
Each legislator's annual take-home pay: Around Rp 1 billion, including extra benefits to deliberate bills, visit constituencies, visit project sites and take part in meetings
Costs to become a legislator: Between Rp 180 million and Rp 5 billion

History of house inquiries (2004-2009)

1. Sale of two tankers owned by state oil and gas company PT Pertamina (2007)

Findings and recommendations:

Request for the Corruption Eradication Commission (KPK) and the Attorney General's Office to investigate officials involved
Indication of corruption in the sale
Request for government to seek ways to get tankers back

2. Irregularities in fuel price increase, distribution and cost recovery in oil and gas sector (mid-2008)

Findings and recommendations:

Require the government to revise the oil and gas law
Re-evaluate the function of upstream oil and gas regulator BPMigas and downstream oil and gas regulator BPHMigas
Order the government to renegotiate existing contracts for the Tangguh gas block and Cepu oil field
Require oil and gas companies to sell 40 percent of their output for local use

3. Haj management (early 2009)

Findings and recommendations:

Request the president punish the religious affairs minister
Request a revision in the haj law
2006 and 2008 haj management deemed a total failure
Call for a law to manage haj financing

4. Constitutional right to vote (mid-2009)

Findings and recommendations:

Require improved voter registration
Require law enforcers to investigate election violations
Require improved population census
Call for General Elections Commission leaders to be replaced

Protestors demand SBY team be investigated in Century case

Jakarta Globe - December 8, 2009

Camelia Pasandaran – Demonstrators on Monday burned photographs of President Susilio Bambang Yudhoyono's son Edi Baskoro, Coordinating Minister for the Economy Hatta Rajasa and others alleged to have received illegal funds from the Rp 6.7 trillion ($710 million) bailout of Bank Century.

Protesting first outside Bank Indonesia in Central Jakarta before moving to the Corruption Eradication Commission (KPK) in South Jakarta, demonstrators demanded that officials who had allegedly received the funds return the money to the public.

"We went to Bank Indonesia to warn the BI governor not to get rid of crucial data needed for the Bank Century investigations simply because they want to protect state officials," Budi, of the democracy activist network Prodem, said on Monday.

"We all want the Financial Transaction Reports and Analysis Center [PPATK] to investigate bank accounts belonging to six people, including two coordinating ministers, the Mallarangeng brothers and Hartati Murdaya."

Carrying banners stating that the central bank was corrupt, Prodem activists urged the KPK to lead the graft investigation into Bank Century.

Last week, the People's Democratic Defense (Bendera) claimed to have evidence that Rp 1.8 trillion was channeled to Yudhoyono's re-election campaign, members of his inner circle and various state agencies.

The accused officials countered by filing a criminal defamation complaint with the Jakarta Police on Dec. 1.

Corruption & graft

Government warned against violating law

Jakarta Post - December 15, 2009

Jakarta – Constitutional Court justice Akil Mochtar warned the government it would be breaching the 2002 Anticorruption Law if it pushes ahead with the contentious draft regulation that would strip the wiretapping authority from the Corruption Eradication Commission (KPK).

Receiving activists of the Indonesia Corruption Watch (ICW) at his office here on Monday, Akil said if the government insisted on enacting the draft regulation, it would not be able to breach the anticorruption law which was in higher position than any government regulation.

"Bugging has been regulated in the law while the government regulation has only raised controversy. From the law's perspective, and logic, the draft regulation and its content must comply with the law," he said.

The draft regulation prepared by the government to enforce the 2008 Information and Electronics Transaction Law has raised controversy and sparked opposition from the public, including the KPK and anticorruption watchdogs, since it requires the antigraft body to gain permits from the Central Jakarta District Court before wiretapping public officials involved in corruption.

It also mandates the establishment of a national center for interception having authority in regulating the wiretapping procedure.

The draft regulation emerged only weeks after the Constitutional Court played wiretapped conversation between corruption fugitive Anggoro Widjojo's younger brother Anggodo Widjojo and several high-profile law enforcers, including former National Police chief detective Comr. Gen. Susno Duadji and inactive deputy attorney general Abdul Hakim Ritonga, on Nov. 21, 2009, in connection with fabricated charges against KPK deputy chairmen Bibit Samad Rianto and Chandra Hamzah.

The recordings, gained by the KPK in investigating the Rp 6.76- trillion Bank Century bailout scandal, were deemed a slap in the faces of the National Police and the Attorney General's Office.

Minister of Information and Communication Tifatul Sembiring who failed to meet with KPK leaders on Monday, reiterated that bugging had to be regulated to avoid any abuse by state institutions or agencies that have the authority to use wiretaps.

Akil questioned the government's move to set up the interception center, which would operate under the jurisdiction of the Information Ministry, and said the center would have no authority to regulate KPK whose bugging authority was guaranteed by law.

According to him, the draft regulation is a setback to reform and if the government goes ahead, it will be going against the constitution.

Separately, rector of the state Islamic University Syarief Hidayatullah Komaruddin Hidayat questioned the government's commitment to fighting corruption which has been put in an emergency condition in the last two decades.

"If the government is serious about combating corruption they should accept the law giving special authority to the KPK to [wiretap] public officials allegedly involved in graft. The draft regulation must not weaken the KPK in its efforts against corruption," he said.

Police chief Gen. Bambang Hendarso Danuri declined to comment as he was learning more about it.

Political forces may be behind anticorruption protests: Analyst

Jakarta Globe - December 15, 2009

Camelia Pasandaran – Political forces may be dirtying up and fracturing Indonesia's public anticorruption movement, an analyst said on Tuesday.

"The demonstrations are becoming more political rather than [focusing on] the effort to eradicate corruption or to solve the Bank Century case," Burhanuddin Muhtadi, a political researcher and lecturer, told the Jakarta Globe.

Large anticorruption protests have continued both inside the capital city and around the country in relation to the Rp 6.7 trillion ($710 million) bailout of Bank Century.

On Tuesday, dozens of people demonstrated outside the Vice Presidential Palace demanding that Vice President Boediono and Finance Minister Sri Mulyani Indrawati step down from their positions over the controversy. A security guard outside the building said that more groups were expected to arrive later on Tuesday.

The demonstrators were members of the Anti-Neoliberal People's Command (Koran) and the Civil Alliance to Save People's Money.

"The Bank Century bailout should be investigated by questioning Sri Mulyani and Boediono, who have been at the source of the scandal," said Miftakur Rohmat from Koran. "For the sake of the legal process, they should step down."

The group was also calling for a purging of supporters of neoliberalism in Indonesia.

The release of details of the 2008 meeting in which the central bank and finance ministry officials decided to rescue Bank Century revealed that it was Boediono who pushed for the bailout despite opposition from the Financial Transaction Reports and Analysis Center (PPATK) and the Finance Ministry, which questioned the wisdom of the move.

During a weekend press conference, Boediono stood by his decisions in relation to the case. But neither his nor Sri Mulyani's defense against claims of misconduct have stopped daily protests.

Burhanuddin said that the demonstrations might be backed by political forces hoping to take the positions of Boediono and Sri Mulyani if they are made to step down.

"The reluctance of the two most significant anticorruption organizations, Indonesia Corruption Watch (ICW) and Transparency International Indonesia, to join the masses might have indicated that something is wrong," he said.

"Several groups are now asking Boediono and Sri Mulyani to step down. There are several groups riding along with the Bank Century scandal with various purposes."

Danang Widoyoko, chairman of ICW, told the Jakarta Globe last week that there were too many vague organizations present during the celebration of International Anti-Corruption Day on December 9, each with their own focus.

Some groups, he said, wanted the president, vice president and finance minister to step down over the Bank Century scandal. "The message of anticorruption itself may not be the focus," Danang said.

Burhanuddin suggested that it was better for the people who keep joining the rallies to avoid jumping to conclusions. "We should wait for the legal process to be completed," he said.

"The speculation is actually punishment for Sri Mulyani and Boediono. It's too early to make a conclusion. If they were proven to be guilty, then we could ask them to step down. But not at the beginning of the process."

Lawyers demand court trial for Chandra, Bibit

Jakarta Globe - December 14, 2009

Heru Andriyanto - A hearing began on Monday for a pre-trial motion filed by a group of lawyers who challenged a decision by the Attorney General's Office to drop criminal charges against two Corruption Eradication Commission deputy chairmen.

Demanding the bribery and power abuse case against Chandra M Hamzah and Bibit Samad Rianto be reinstated, the petitioners argued the decision was unlawful and lacked any legal standing because only judges, and not prosecutors, had the authority to decide whether or not a case was worthy of being tried.

Prosecutors dropped the case due to "pressure from the public, certain groups and prominent community leaders who called on the president to halt the case, while such reasons are not recognized by the Indonesian Criminal Procedures Code," the lawsuit says.

"We've come here today not to seek reimposition of criminal charges against Chandra and Bibit but to ensure that criminal procedures are implemented consistently, regardless of who the suspects are," lawyer Ferry Amarhorsea told reporters.

He was speaking after the hearing in the South Jakarta District Court.

Ferry was representing more than 50 lawyers who believe that dropping the criminal charges against the two deputies could set a bad precedent for the country's already unpredictable justice system and they joined forces to challenge the decision.

The lawyers also noted that while prosecutors had declared the investigation complete, they dropped the case only because it would be "morally harmful than beneficial to go to court," an argument that had no legal standing.

"We are protecting the Criminal Procedures Code and ensuring its consistent implementation by prosecutors," Ferry said.

Inside the court, prosecutor Wisnu Baroto denied any external influence in the decision to halt the case.

"Prosecutors have carefully examined the case documents and their decision not to bring the case to court is based on legal considerations, not instructions by the president or anyone else," Wisnu said.

The prosecutor also questioned the competency of the lawyers to become the plaintiffs in the case because they weren't included as authorized persons to lodge a pre-trial motion according to the Criminal Procedures Code.

Prosecutors early this month decided not to take the pair to court due to strong indications the case had been set up by elements from the National Police and Attorney General's Office who conspired with case brokers.

The case against the pair drew massive public outrage and was an embarrassment for the government.

Wednesday's rallies should be 'followed-up' to combat graft

Jakarta Post - December 11, 2009

Erwida Maulia, Jakarta – Activists and observers have urged the public to continue to safeguard efforts to combat corruption, saying Wednesday's rallies commemorating International Anti- Corruption Day should be followed by more real action.

Emerson Juntho from Indonesia Corruption Watch (ICW) said rally participants, who were spread across the country and were estimated to number as much as 100,000 people, should not feel satisfied with their mere demonstrations on Wednesday.

"We need follow-up steps; safeguarding the raised issues, lobbying; mere sporadic [rallies] are not enough," Emerson told The Jakarta Post on Thursday.

He said the rallies' aim of pressuring the government to be more aggressive against graft would be wasted efforts without any follow-up.

Separately, University of Indonesia (UI) law professor Hikmahanto Juwana acknowledged that although sickened by the rampant graft plaguing the country's law enforcement institutions, which should be at the frontline of the battle against graft, there was nothing the public could do to press the authorities to take more real action in the situation, but to continue their vociferations.

Hikmahanto admitted rallies would not be effective, and suggested the public continue with other approaches, such as their support of Corruption Eradication Commission (KPK) deputy chiefs Bibit Samad Rianto and Chandra Hamzah through social-networking site Facebook.

More than a million people joined the group in support of Bibit and Chandra, who were facing an alleged framing that led to their suspension before their recent reinstatement.

"Guaranteeing to freedom of Bibit and Chandra, collecting coins to support Prita [Prita Mulyasari, who recently lost her appeal in a controversial defamation suit]... the public have a unique way [of pursuing change]," said Hikmahanto, who was a member of the presidential fact-finding team that investigated the alleged plot against Bibit and Chandra.

However, Fadjroel Rahman of the Coalition of Anticorruption Civil Societies (Kompak), and a coordinator of Wednesday's nationwide rallies, deemed them a success, given that it managed to draw participants from all parts of society, including various student organizations.

Fadjroel said the fact the rallies ran peacefully, defying the con-cerns of President Susilo Bambang Yudhoyono expressed over the weekend, was also proof of their success.

"It is Yudhoyono who failed miserably. His concerns and warnings that some of the rallies would be hijacked [by certain 'political motives'] were proven false," he said. "[Yudhoyono] should apologize for that."

Just before the antigraft demonstration, Yudhoyono once again made public his fears of the possibility of a political move to overthrow him behind the veil of anticorruption rallies.

"What are these lies and character assassination against me for? My logic says these political movements want to discredit, shake and topple me in the short term," he said.

Fadjroel added that among Kompak's demands was that the government issue a regulation-in-lieu-of-law to verify that graft suspects' wealth was not acquired through corrupt practices.

He said although the rallies might not be enough to push law enforcement institutions to reform themselves, they were part of antigraft campaigns expected to help society recognize and reject corruption.

Across Indonesia, thousands demand action on corruption

Jakarta Globe - December 9, 2009

Indonesia added some local spice to International Anti-Corruption Day on Wednesday, chanting "Hang the corruptors!" in Banda Aceh, attacking a KFC restaurant in South Sulawesi and burning photographs of President Susilo Bambang Yudhoyono in East Java.

Protests in Makassar generated the most violence on a day full of otherwise overwhelmingly peaceful rallies. A decision by the Indonesian Armed Forces (TNI) to conduct urban warfare drills in the South Sulawesi capital to coincide with the protests may have added to the heated atmosphere there.

Unaware that South Sulawesi Governor Syahrul Yasin Limpo was attending the UN climate summit in Copenhagen, thousands of students and community activists gathered outside the governor's offices at noon and began to hurl rocks at police, who retaliated with tear gas and water cannons. Tensions were exacerbated as a rumor spread through the crowd that authorities had abducted key protesters.

South Sulawesi Police Chief Insp. Gen. Adang Rochjana turned up to try to calm the crowd but narrowly avoiding being hit by a barrage of rocks. Again, police responded by surging into the crowd to arrest those they believed were responsible for inciting the confrontation, triggering more violence.

Rioters then turned their attention on a KFC outlet as they marched down Jalan Sam Ratulangi, also targeting private cars, a police vehicle and the former offices of Yudhoyono's Democratic Party along the way. Police said the clashes were the result of a "misunderstanding."

Rumors of tens of thousands of protesters and a riot in Medan, North Sumatra, proved wildly inaccurate. Only about 200 peaceful protesters had turned up.

In Banda Aceh, the capital of Aceh province, anger against Yudhoyono was much more palpable. Members of the Aceh Voice of Anti-Corruption People (Surak), a coalition of 25 civil society and student organizations, chanted "Hang the corrupters!" and distributed fliers during a peaceful two-hour rally that was well guarded by police.

Demonstrators called on the respected Corruption Eradication Commission (KPK), which has a limited presence in the province despite endemic graft there, to take over the investigation of 21 high-profile, unresolved corruption cases.

In Pekanbaru, Riau, also in Sumatra, thousands of protesters focused their anger on the central government as they marched through the city. But they also demanded that local authorities reopen investigations into the illegal logging that plagues the province.

Peaceful protest also was the order of the day in Solo, Central Java, but Yudhoyono came under sharp attack there. Many called for him to be deposed and even hanged.

"If SBY is afraid of the monkey Anggodo, if SBY keeps changing his statements, if the Bank Century scandal is not thoroughly investigated and the perpetrators sent to jail, I vow to unleash the people's power to unseat SBY," said veteran activist Moedrick Sangidoe, in reference to Anggodo Widjojo, a central figure in the alleged conspiracy to bring down the KPK.

Moedrick's calls were a slap in the face for Yudhoyono. The president had visited Moedrick to request support for his election campaign this year.

"In Solo, I stand at the forefront to urge SBY to uncover the Bank Century scandal. If he stays namby-pamby, saying one thing in the morning and another in the afternoon, I will be the first person to depose him," Moedrick said.

Despite the best efforts of 750 police officers, the thousands of protesters caused major traffic disruptions in Solo. Protester Muhammad Sungkar expressed his disappointment on the rostrum at the Gladag traffic circle.

"I voted for SBY hoping that he could be trusted to lead the people to prosperity. It turned out he could not be trusted. In my opinion SBY's government is a failure. I am ashamed to have voted for him," he told the crowd.

In Surabaya, East Java, around 1,000 protesters turned out but they initially refused to march in a joint demonstration. Eventually, however, they relented, a decision likely influenced by the heavy police presence.

In Bali, protesters were prevented from getting anywhere near Yudhoyono, who rode out the day in the resort area of Nusa Dua. A small rally was held in front of Bajra Sandhi War Monument in Denpasar. They called for the dismissal of Yudhoyono and Vice President Boediono for their alleged roles in the Bank Century bailout, and held placards with statements saying such things as "SBY is a coward."

National Police Chief Gen. Bambang Hendarso Danuri thanked those involved in the anticorruption rallies, which he said ran relatively smoothly and peacefully, except for the incidents in Makassar. He said he hoped the protests would help to speed up the investigation of corruption cases.

[Additional reporting by Antara.]

Antigraft day rally ends peacefully, lacks focus

Jakarta Post - December 10, 2009

Irawaty Wardany and Dicky Christanto, Jakarta – A mass rally to mark World Anti-Corruption Day lacked clear focus but ended peacefully Wednesday, dispelling fears that riots would result.

President Susilo Bambang Yudhoyono expressed Sunday his concern of a political movement to overthrow him during the rally.

In Jakarta, about 10,000 people rallied along the city's thoroughfares into the afternoon, urging the government to stand against corruption through speeches, music and other performances.

Some sang songs while others acted out scenes asking the public to unite against corruption. Students from various universities and organizations were among rally participants.

Similar rallies across the country also ended peacefully, although minor incidents occurred in Makassar, South Sulawesi, Pamekasan in East Java, Ternate, and North Maluku.

But with so many groups at the rally, a key theme was not evident. Some celebrated Anti-Corruption Day, while others rallied against the controversial bailout for Bank Century or the efforts to weaken the Corruption Eradication Commission (KPK).

Fadjroel Rahman, a rally field coordinator, appreciated participants' efforts to ensure the rally ran smoothly.

"There was no reason to have a violent protest," he said. "It's time to celebrate the people's will to fight corruption."

Political observer Eep Saefuloh Fatah said Yudhoyono's administration faced challenges in fighting corruption. "The administration depends on SBY's speeches to eradicate corruption," he said. "The administration needs time to prove itself."

Rights activist Usman Hamid said the public wanted the government to better fight corruption. "The investigation into the Bank Century scandal, for example, will be used as a marker to assess how well the administration deals with corruption," he said.

The two-hour mass rally began at the Hotel Indonesia traffic circle and continued to the National Monument, or Monas, in front of Merdeka Palace. The rally ended with participants returning to the Hotel Indonesia traffic circle.

Many streets were reportedly deserted as residents opted not to travel due to expected congestion along Jl. Sudirman and Jl. M.H. Thamrin. There were also rumors that riots would occur, but they did not.

Waves of protesters arrived at the KPK including approximately 300 high school students from 50 schools in Jakarta. A student representative, Hamzah, from state senior high school SMUN 21, handed over two mice in a trap to a KPK staff member. The trap was a symbol of the expectation that the KPK trap more corrupt officials.

Also at the KPK, the House of Regional Representatives declared an antigraft caucus as an effort to build a transparent legislative body.

Separately, National Police chief Gen. Bambang Hendarso Danuri said he was relieved the mass rally ran peacefully. "I thank everyone for their ability to safeguard the mass rally Wednesday," he said. (mrs)

Indonesian rallies prove riot fears unfounded

Jakarta Globe - December 10, 2009

Anita Rachman, Camelia Pasandaran & Farouk Arnaz – In the end, the street rallies against corruption in Jakarta on Wednesday were somewhat of an anticlimax.

Fears of political unrest and traffic gridlock proved unfounded as protests in the capital held to mark International Anti- Corruption Day were carried out relatively peacefully and with a much lower turnout than expected.

Although estimates varied widely, far fewer than the 40,000 predicted by organizers actually gathered at the 10 staging areas at Merdeka Square at noon as scheduled. One organizer put attendance at 20,000, while the Jakarta Police's figure of 5,000 was conservative yet more realistic.

Traffic jams on the capital's streets had been predicted, but warnings over the past few days seemed to have been effective, with the National Police's head of security, Comr. Gen. Iman Haryatna, saying air surveillance reported little of the usual traffic congestion.

Two leading antigraft groups – Transparency International Indonesia and Indonesia Corruption Watch – shunned the rallies. The protesters were mostly from labor, student, youth and religious groups.

TII secretary general Teten Masduki said joining the rallies would have had little significance for his organization.

"We have continuously fought against corruption. We want to celebrate it in a different way." But Teten added that statements by President Susilo Bambang Yudhoyono could have scared off many from taking part.

Yudhoyono on Sunday claimed he had information that Wednesday's protests would include efforts to undermine his presidency. Security officials have pointed to a recent meeting at a hotel allegedly involving activists, public leaders and politicians. Activists have denied these claims.

ICW coordinator Danang Widoyoko said it declined to join the rally because there were too many "unclear" or "gray" organizations present, each with their own focus.

Some, he said, wanted the president, Vice President Boediono and Finance Minister Sri Mulyani Indrawati to step down over the Bank Century scandal. "The message of anticorruption itself may not be the focus."

Andrinof Chaniago, a political analyst from the University of Indonesia, said he could understand that larger organizations might have wary of political movements hijacking the rally, although the fears were not realized.

"I guess they try to avoid being connected to a rally which might also have a political motivation," he said.

Usman Hamid, a coordinator for the Commission for Missing Persons and Victims of Violence (Kontras), said the peaceful nature of the rallies proved that they "had not been manipulated as the president feared."

About 13,000 police officers had been deployed to secure the demonstrations around the city.

The rally at Merdeka Square culminated with the reading of a petition and calls for a resolution to the Bank Century scandal. Usman said the petition included demands that the president take concrete steps to tackle corruption, and that the government eliminate the "judicial mafia."

"We want the government to get to the bottom of the Bank Century scandal. We want the Corruption Eradication Commission [KPK] to be at the forefront. Rules against wiretapping must be revoked," he said.

"Corruption eradication must begin from the Palace, with the disclosure of the wealth of the people higher up."

Political communications expert Effendi Gazali, also from UI, said the rallies were a "kind of people power," and that this would not be the end of the fight against graft as follow-up actions were being planned.

"This is purely the people's contribution," he said. But not all groups participating in the rallies were critical of the president. Siska, a housewife from East Jakarta, was among a group called the People's Alliance for SBY (Arus), which was taking part in the rally to support the president's efforts to fight corruption.

"I had nothing to do at home," she said, adding that she had come with friend and was not paid to join the group. "What is the purpose of the rally? To support SBY... and fight corruption."

SBY's claim to be fighting corruption a 'twisted irony'

Jakarta Post - December 10, 2009

Hans David Tampubolon, Jakarta – Antigraft activists say the Corruption Eradication Commission (KPK) is the true hero in the fight against corruption and that President Susilo Bambang Yudhoyono (SBY) has nothing to do with the country's increasing Corruption Perception Index (CPI).

Yudhoyono said on Tuesday night that the CPI increase to 2.8 in 2009 from 2.0 in 2004 was "solid evidence" that he had made gains in the fight against corruption throughout his first presidential term.

"President SBY often uses the increase of the CPI to claim his success in eradicating corruption. However, it must be noted that most of the eradication efforts were made by the KPK, an independent institution, which is not affected by anyone, including the President," Indonesian Corruption Watch (ICW) Coordinator Danang Widoyoko told a conference in Jakarta on Wednesday.

"On the other hand, the institutions, in this case the police and the Attorney General's Office, that directly answer to the President, have made no significant contribution to the increase in the CPI," he added.

According to Danang, the percentage shows that the police and the AGO have only recorded minor internal reforms.

Transparency International Indonesia (TII) secretary general Teten Masduki said the insignificant reforms by the police and the AGO showed that Yudhoyono had failed to improve the two institutions under his presidency.

"The evidence is clear. There are so many cases in the past that have tainted the image of these two institutions without (prompting) any action on behalf of the President. For example, the bribery case involving prosecutor Urip Tri Gunawan.

"The public have recently seen case brokers lurking around at both the police and the AGO," he said.

Urip was sentenced to 20 years of imprisonment in 2008 after he was found guilty of receiveing a Rp 6 billion (US$636,000) bribe.

On top of this, the Constitutional Court last month publicly played a tape that revealed an alleged conspiracy between a number of high-ranking officials at the police and the AGO to frame the KPK's two deputy chairmen, Chandra M. Hamzah and Bibit Samad Riyanto, with bribery.

Teten said that if all of the facts on corruption eradication in Indonesia were compiled, they would show an ironic twist between Yudhoyono's statement and the actions of him and those who answer to him.

"The continuous efforts to weaken the KPK as the number one graft-fighting institution by the President's men, whether by his Democratic Party-led coalition bloc at the House of Representatives or by the police and the AGO as his subordinates, shows a complete irony in (Yudhoyono's) statement," he said.

"If the President is serious about fighting graft, he can easily use his large coalition bloc to further strengthen the KPK's authority. However, we have not yet seen that, instead it is his Democratic Party that has been most passionate in (quashing) the KPK's rights to prosecute in the past," he said.

"So, the President must stop making speeches and start taking action. The people did not elect him because he won a speaking contest. He can start taking action by stopping efforts (taken by legal institutions) to erode the authority of the KPK," he said further.

Meanwhile, the Democratic Party's female legislators said their party would indeed support the fight against corruption. Theresia Pardede, Inggrid Kansil and Vena Melinda decided to don white armbands on their left arms.

Just a couple of weeks ago, antigraft activists agreed to wear black armbands as a symbol against corruption.

Protests reflect skepticism toward anticorruption drive: analysts

Jakarta Globe - December 9, 2009

Camelia Pasandaran & Muninggar Sri Saraswati – So at what point did the public decide that enough was enough?

Indonesia has long been one of the world's most corrupt countries. The scourge that has contributed to so much suffering has largely been tolerated by the people – at least until Wednesday.

Traditionally, anti-graft commemorations have mostly been formal occasions organized by state institutions and attended by government dignitaries, often the very bodies or individuals perpetuating the corruption. Even the small-scale street protests typically involved the usual suspects, namely anti-graft activists and students.

In stark contrast to previous years since the end of the Suharto era, International Anti-Corruption Day on Wednesday was marked by rallies involving thousands of demonstrators in a number of cities across the country, under the watchful eyes of domestic and international media organizations.

Rallies in Jakarta, Makassar, Padang and other cities involved individuals from a range of different backgrounds, including academics, farmers, fishermen, housewives and street performers.

What had changed to bring these people into the streets?

Danang Widoyoko, of Indonesia Corruption Watch, said the answer was simple: the arrests of Corruption Eradication Commission (KPK) officials Bibit Samad Rianto and Chandra M Hamzah – in what the Constitutional Court said was a conspiracy by law- enforcement agencies to weaken the nation's only respected anti- graft agency – and the murky state bailout of PT Bank Century.

Danang said people were also taking out their frustration with President Susilo Bambang Yudhoyono, who had been overwhelmingly re-elected to office on an antigraft platform.

"We [now] doubt his commitment to stamp out graft," Danang said. "Yudhoyono got votes from many of us due to his anti-graft campaign. But the two cases showed us that he could not play the key role to lead the national anti-graft drive."

He reiterated the widespread public belief that there had been a systematic government attempt to weaken the feared KPK and Anti- Corruption Court, including the opaque approval process of KPK members by the House of Representatives, the House's refusal to approve the KPK's budget and its efforts to roll back the KPK's powers.

The court and KPK have successfully investigated, prosecuted and jailed figures who previously stole from their nation without fear, including police officers, former ministers, sitting legislators and wealthy businessmen. Only members of Indonesia's notoriously corrupt judiciary have so far remained free of the KPK's grasp.

After warning for two days that the protests would be infiltrated by agitators planning to topple him, on the eve of the rallies Yudhoyono struck a more conciliatory – or perhaps politically sensible – note. He declared a "jihad" on corruption and vowed to stamp it out. In the same breath he gave his unequivocal backing to the KPK.

Airlangga Pribadi, a political observer from Airlangga University in Surabaya, said the rallies sent a strong message to Yudhoyono: zero tolerance for corruption.

"There are two things the president can do to regain our trust: bring Anggodo to justice and ensure the investigations of the Century case run smoothly," he said, referring to Anggodo Widjojo, a controversial businessman allegedly at the heart of the attack on the KPK.

Teten Masduki, of Transparency International Indonesia, also blasted Yudhoyono for trumpeting the nation's slight improvement in this year's corruption index.

"The ranking for our country is under three, meaning that we're in the same group as the most corrupt nations in the world. Don't overly praise it, because it is still a small achievement."

He added that given the attacks on the KPK, Indonesia would likely drop down the index next year.

Public needs real action on corruption, not promises: Analyst

Jakarta Globe - December 9, 2009

Camelia Pasandaran – The Indonesian public needs real action on corruption instead of "heavenly" promises, a political analyst said on Wednesday, following President Susilo Bambang Yudhoyono's declaration on Tuesday that he would launch a "jihad" against corruption.

"In terms of the speech technique, Yudhoyono's speech was very good," Andrinof Chaniago, a political expert at the University of Indonesia, told the Jakarta Globe.

"However, it's not any different from the election campaign, which was full of heavenly promises that might be very touching, but could not demonstrate how he's going to fulfill all these promises."

On Tuesday night, President Susilo Bambang Yudhoyono sought to regain leadership in Indonesia's drive to wipe out corruption, terming it a "jihad" and vowing to lead from the front.

During his speech, which lasted for more than 20 minutes, Yudhoyono mentioned all the achievements of the government in combating corruption under his lead.

He also reminded protesters that Wednesday's rallies, coinciding with the International Anti-Corruption Day, should be conducted peacefully and should not allow parties to push their hidden political agendas.

"The speech is just a list of promises only," Andrinof said. "How can the public trust him if he can not inform them of the way he's going to combat corruption? It's the work of politician."

Andrinof said that the speech was only a reaction to public anger over the slow process of investigating the Bank Century scandal and public reaction to his previous speech.

"The public reacted strongly against his previous speech," Andrinof said. "To cover it, he has had to come up with a sympathetic speech now, because he really does care about public opinion."

Indonesian security chiefs prepare for riots

Jakarta Globe - December 8, 2009

Markus Junianto Sihaloho – The country's top security officials said on Monday that they were preparing for possible riots in Central Jakarta and that military troops would be on standby for a planned anticorruption rally at Monas this week.

The alert comes a day after President Susilo Bambang Yudhoyono speculated that his political enemies would attempt to hijack the protest to attack him.

His security minister, the National Police chief and the head of the spy agency have huddled to discuss how to prevent agitators from hijacking Wednesday's rally, organized by the Clean Indonesia Movement to commemorate International Anti-Corruption Day.

The Jakarta Police announced that 14,000 officers, nearly half its force, would be on duty to guard the rally, state news agency Antara reported.

The security chiefs said the central government was worried that the rally would be manipulated by certain groups and harm the public. But just like the president on Sunday, they named no suspects and did not elaborate.

"I really hope the organizer of the rally will raise awareness about such possible manipulation," said Djoko Suyanto, coordinating minister for political, legal and security affairs. "Are there any indications that riots will happen? I think you can answer that by yourselves."

Djoko said the government would not issue a special alert level for police and the Indonesian Armed Forces (TNI). "I hope nothing will happen. The police will work as usual, but their level of alertness will be increased. TNI troops will be in position."

Fadjroel Rachman of the Anti-Corruption Civil Society Coalition (Kompak), one of the rally's organizers, appealed for calm.

"It would be better to stop saying to people that the Dec. 9 movement is for treason, being used [by political interest groups] or being funded by corruptors," he said.

National Police Chief Gen. Bambang Hendarso Danuri said the police would provide an opportunity for rally participants to speak. But he said freedom of speech also had to respect the law.

"We will guard the rally to keep it on the right track," said Bambang, whose agency is under fire for allegedly framing two anticorruption officials for extortion.

Sutanto, head of the State Intelligence Agency, said the public must bear in mind that groups had manipulated public movements in the past. "So be aware," he said. "You journalists know who the manipulators are because most of them access the media organizations."

It is widely believed that the groups being referred to are opposition parties in the House led by the Indonesian Democratic Party of Struggle (PDI-P).

Army Chief Lt. Gen. George Toisutta said there were no special preparations for the rally, but the military was ready for trouble. "We have a lot of experience with riots, which would make [the country take] a step backward rather than forward, " he said.

He said he hoped the demonstrators wouldn't be provoked. "The people now are smarter and no one wants any unrest."

Speaking last week and on Sunday, Yudhoyono said his political opponents planned to use the rally to target him and his government over the Bank Century scandal.

The Corruption Eradication Commission (KPK) and House of Representatives have launched separate probes of the government's controversial Rp 6.7 trillion ($710 million) bailout of the bank amid unsubstantiated allegations that some of funds were embezzled by the Democratic Party.

Some political analysts labeled the president's remarks last week as "paranoid."

Activists deny rallies designed to overthrow Yudhoyono

Jakarta Globe - December 8, 2009

Nivell Rayda – A number of activists on Tuesday refuted the government's claims that rallies to mark World Anti-Corruption Day were designed to overthrow President Susilo Bambang Yudhoyono.

Earlier, the president said that he believed some people were planning to infiltrate Wednesday's rallies and create riots. The claims were backed by the National Police intelligence unit, which said that the plan had been initiated during a meeting at Dharmawangsa Hotel.

"We believe that the government has made an incorrect assumption based on false data," said Usman Hamid, a human rights activist with the Commission for Missing Persons and Victims of Violence (Kontras).

"Police showed us the minutes of the meeting, which were completely different to the actual discussion. I don't know where they had obtained such information, but it is completely untrue. We were just coordinating the rally and establishing the short and long term goals for the fight against corruption," he said.

Usman also refuted police claims that former Vice President Jusuf Kalla, Syafii Maarif from the Muslim organization Muhammadiyah and other prominent politicians had attended the Dharmawangsa meeting. "I have cross checked police's claims with those (people) mentioned and they were all shocked," he said.

Fadjroel Rachman, from the Anti-Corruption Civil Society Coalition (Kompak), said that the president's suspicions might have inspired people to actually override the peaceful rally for their own political agendas.

"That is why last Friday we submitted details of our plan and registered member organizations in the rally. This is to avoid the presence of illegal protesters and organizations. We truly appreciate police efforts to safeguard our peaceful rally and protect us from rival demonstrations and potential clashes," Fadjroel said.

"We have an estimated attendence number of 20,000, including students and members of other non-governmental groups. We have told them to closely monitor their members to ensure that there won't be any parties infiltrating the rally and provoking a riot," he said.

Separately, Corruption Eradication Commission (KPK) interim chief Tumapk Hatorangan Panggabean said that the body would downsize its commemoration of World Anti-Corruption Day, opting for a humble and private ceremony.

Earlier the KPK was planning to stage a live concert as part of the celebration, inviting popular rock group Slank, known for its antigraft lyrics.

"This is not related to the president's remarks. We feel that the Anti-Corruption Day should be marked with introspection and not celebration," the KPK chief said.

Poverty & unemployment

Poverty behind Indonesia's rise in abandoned babies: Commission

Jakarta Globe - December 13, 2009

Nurfika Osman – The National Commission on Children Protection has noted an 82-percent increase in recorded cases of abandoned babies, and has blamed poverty and unwanted pregnancies for it.

Seto Mulyadi, chairman of the commission, also known as Komnas Anak, said that so far this year it had recorded 186 cases of abandonment, up from 102 in 2008.

Of the cases this year, 68 percent of the babies were found dead, Seto said, adding that only two babies had been reunited with their parents. "About 70 percent of the babies were born into poor families with the parents abandoning them because they couldn't afford to support them," Seto said. "This shows that the government is not doing enough to protect children or to curb poverty."

Vice President Boediono said on Friday that since 1990, the poverty level in the country had decreased from 60 percent to 14 percent in 2009.

Boediono said he would lead a new government body – named the National Committee for Poverty Alleviation – formed specifically to tackle poverty.

Seto said that the number of recorded cases was the tip of the iceberg.

"I believe the number is much bigger than the data is showing, so we would like the government to set up a special ministry to protect children," he said, adding that he was disappointed that child protection was merged with the former State Ministry for Women's Empowerment, since renamed the State Ministry for Women's Empowerment and Child Protection.

He said that it was important to establish a special Ministry for Child Protection as 90 million out of the nation's 230 million people were children.

"If we can create a dedicated ministry, we will be able to protect children much better. They are our assets for the future and we cannot let them be abused," he said. "Their [protection] should be prioritized as they are the most vulnerable in our society and the most susceptible to violence."

Apart from poverty, the increase in the number of abandonments was also due to unwanted pregnancies, he said. "Pregnancies caused by casual sex and rapes also contribute to the rising number of abandoned babies," he said.

Media/press freedom

Indonesian journalists fight censorship

Associated Press - December 15, 2009

Rod McGuirk, Jakarta – A journalists' group threatened on Tuesday to fight a ban on the war movie "Balibo" with a constitutional court challenge if the Indonesian government enforces its countrywide prohibition.

Earlier this month, Indonesia's censorship board banned the screening of the award-winning Australian movie, which depicts Indonesian military atrocities in the East Timorese border town of Balibo in the weeks before the 1975 invasion of the former Portuguese colony.

Since then, the Alliance of Independent Journalists has been showing the movie in venues around the country, and sales of pirated DVDs are flourishing without police interference in markets in the capital, Jakarta.

Police spokesman Col Untung Ketut Yoga said the government ban cannot be enforced until police receive written confirmation of its terms from the government.

Andreas Harsono, founder of the alliance, said the journalists will lodge a constitutional court challenge if the government takes the next step of enforcing the ban, which was instituted on Dec. 1.

"This is all the legacy of the Suharto regime that we are trying to scrap piece by piece," said Harsono, whose group began as an underground free speech movement under the Suharto dictatorship, which ended in 1998.

The movie, which claims to be based on a true story, depicts Indonesian troops murdering five unarmed journalists in Balibo to conceal Indonesia's involvement in East Timor ahead of the invasion. The reporters were citizens of Britain, Australia and New Zealand.

Australian police have launched a war crimes investigation into the incident. Indonesia maintains that the five were accidentally killed in crossfire.

The Robert Connolly-directed movie, starring Anthony LaPaglia, was withdrawn from the Dec. 4-12 Jakarta International Film Festival due to the ban.

The constitutional court has lifted bans on five politically sensitive films about East Timor and Indonesia's restive Aceh province that prevented their screenings at the 2006 Jakarta film festival.

A lawyer who helped win those challenges, Christiana Chelsia Chan, said she believed the "Balibo" ban was similarly unconstitutional.

Such a court challenge would be the first test of Indonesia's new film censorship laws, passed in October. The laws are the first revision of censorship regulations since the Suharto era.

Film festival director Lalu Roisamri, who submitted "Balibo" to the censors, welcomed the prospect of the court appeal. He said freedom of speech was going backward in Indonesia.

"I'm afraid so, because I think the government is paranoid," Roisamri said.

Connolly said he had given copyright permission to the alliance to screen his movie, but that the DVDs being sold in markets were illegal. He said he had been "naively optimistic" that the government censors would allow the movie to be screened at commercial cinemas.

"Indonesia is a democracy now, and certainly there is a whole generation of people in Indonesia who are engaging in their past, as you can see from the response to the film," Connolly said, referring to the popularity of the pirated DVDs.

The censorship board said it banned the movie because of its "questionable objectivity" and "potential to open old wounds." The movie will be released worldwide next year.

[AP Writer Irwan Firdaus contributed to this report.]

'Balibo' film ban backfires badly

Jakarta Globe - December 14, 2009

Nivell Rayda – The Indonesia Film Censorship Agency's decision to ban the Australian movie "Balibo" early this month appears to have backfired, with stores all over the capital selling the pirated version of the film over the weekend.

Firman, a movie lover, said that until recently he had never even heard of the movie, which tells of the deaths of five journalists, allegedly at the hands of Indonesian soldiers during the 1975 invasion of East Timor.

"I only found out about the movie after the National Film Censorship Board [LSF] banned it. I don't even know what the movie is about. I must admit that I bought the pirated version because of the ban," he told the Jakarta Globe.

Ayu, a shopkeeper who sells pirated DVDs, said demand for the movie was high.

"We just received the movie on [Sunday] morning and we've sold more than 40 copies," she said. "We are already short on stock, so we quickly ordered a hundred more copies." The pirated version of the movie is reportedly decent in quality with accurate subtitles.

Prior to the ban, Balibo had a very small market, primarily attracting curious expatriates, journalists and hard core movie buffs.

The movie was submitted to the LSF by the Jakarta International Film Festival (Jiffest), which had originally planned to screen the film during the festival.

Immediately after the ban several arts organizations like the Salihara Community and the Utan Kayu Theater, as well as journalist groups, including the Independent Journalists Alliance (AJI) and the Jakarta Foreign Correspondents Club (JFCC) arranged private screenings, which were attended by thousands of curious moviegoers.

The film tells the story of five journalists killed when Indonesian troops took over the border town of Balibo in East Timor in October 1975. A sixth journalist died weeks later when Dili was invaded by Indonesian forces.

Indonesia claims the journalists were killed in crossfire but a 2007 Australian coroner's inquest found that the five were deliberately killed by Indonesian forces, prompting the Australian Police to launch an official investigation into the incident two months ago.

'Balibo' director excited by Indonesian public's enthusiasm

Jakarta Post - December 10, 2009

Agustina Wayansari, Melbourne – The director of Balibo, Robert Connolly, is excited with Indonesians' enthusiasm toward his movie despite its banning by the Film Censorship Board (LSF).

"It's very exciting to know that many Indonesians still want to see the film. I have been blown away by the huge public interest," he said.

Balibo depicts the killing of five foreign journalists by Indonesian soldiers during the invasion of what was then East Timor in 1975.

Connolly said it was very interesting that the ban had created more public demand. "(The film) is forcing an interesting public discussion about freedom of expression," he added.

He praised Indonesian journalists who defied the ban by screening the film, albeit in front of a meager audience.

"The ban is very disappointing. As a film maker, it is important to me to have (the film) seen by the public, especially in Indonesia (as one of my main targeted audiences)," he said.

Connolly said he expected the board to lift the ban and allow the film to be released and distributed properly. He added his film's purpose was to reveal the truth, to tell the story that had been hidden.

"It is not necessary about Indonesia or attacking Indonesian government," he added.

"It is very critical of Australian government as well. Besides, it is about something that happened in the past, 34 years ago during Suharto's reign... it should be seen as a historical event."

The Australian director felt sorry for organizers of the Jakarta International Film Festival (JIFFest) who had to cancel a public screening of Balibo due to the ban. Connolly said Balibo was well received in East Timor where, because of the low literacy rate, he released a version of the film dubbed in the local Tetun language, rather than using subtitles.

Armed forces/defense

Indonesia seeks to bolster defense industry

Jakarta Globe - December 11, 2009

Markus Junianto Sihaloho – The government has moved to bolster the domestic defense industry by requiring the military and police to purchase weaponry manufactured by state-owned enterprises over the next five years.

The policy was stipulated in a memorandum of understanding signed on Friday by the Ministry of Defense, Ministry of State-Owned Enterprises, the Indonesian Armed Forces (TNI) and the National Police.

Defense Minister Purnomo Yusgiantoro said the MOU was the result of a series of meetings and workshops attended by officials from the various bodies in an attempt to find ways to develop the defense industry, which has become one of President Susilo Bambang Yudhoyono's leading priorities.

Indonesia has at least four large state-owned arms manufacturers, including shipbuilding company PT PAL, which is capable of manufacturing landing craft, patrol boats and frigates; PT Pindad, which makes tanks, pistols, assault rifles and ammunition; aircraft company PT Dirgantara Indonesia, which produces planes and helicopters; and PT Dahana, which specializes in explosives.

A senior defense ministry official had earlier said that the ministry had proposed a budget of Rp 800 billion ($84.8 million) to buy locally produced weaponry next year.

Military Chief Gen. Djoko Santoso previously said that the military needed new helicopters, artillery, armored vehicles, Hercules aircraft, small aircraft for maritime patrols, submarines and patrol vessels.

"Each of us is committed to this program," Purnomo said. "The police and military are committed to using armaments manufactured by state-owned companies."

State-Owned Enterprise Minister Mustafa Abubakar said the MOU was a step forward in providing multi-year arms purchasing contracts, which were important for arms manufacturers.

"This will provide good momentum to wake up our strategic industries," said Mustafa. "I'm sure these agreements will boost strategic SOE growth significantly. The ministry will help the SOEs to increase and enhance their performance, including product quality and meeting production deadlines."

Purnomo, however, said that in order to implement the MOU the government must issue several regulations, including a decree allowing direct procurement of military and police weapons. Presidential Decree No. 80/2003 stipulates that any procurement must be done through open and transparent bidding.

The Defense Ministry also signed an agreement with Dirgantara Indonesia for the purchase of three new CN235-220 maritime patrol aircraft worth $80 million. Dirgantara Indonesia Director Budi Santoso said the aircraft would be equipped with sensors enabling them to be used for surveillance and targeting missions.

Navy Chief Vice Admiral Agus Suhartono said separately that he expected Dirgantara to start manufacturing the aircraft immediately.

He noted that the first aircraft would be delivered 24 months after the contract was signed, with the second coming two months later and the third two months after that. "We really need these aircraft to help improve our capability on surveillance missions," Agus said.

In addition to the aircraft, he said the Navy would also receive 17 new Russian BMP 3F amphibious tanks, as part of a $1 billion loan agreement signed between the two countries in 2006. "I hope all the tanks will be delivered from Russia next year," Agus said.

Police/law enforcement

The shadowy world of Indonesia's case brokers

Jakarta Globe - December 13, 2009

Nivell Rayda – Officially, 37-year-old Yudho is a chauffeur for a senior officer at the Jakarta Police, but in actuality the unassuming father of three has a much more lucrative occupation.

"I don't like the term 'case broker,'?" Yudho (not his real name) told the Jakarta Globe. "I'm just a negotiator, someone who takes care of things for other people. My boss knows what I do but, as long as he gets his cut, he never complains."

Known locally as "makelar kasus," or "markus" for short, case brokers like Yudho have long been a crucial element in the corruption that permeates the country's legal system. However, it was only recently that the shadowy world of the case broker was thrust into the public spotlight.

On Nov. 2, the Corruption Eradication Commission (KPK) released wiretapped telephone conversations that included a suspected case broker talking to several high-ranking law enforcement officials about an alleged plot to fabricate testimony.

The recordings, which were aired live by several national TV stations, offered a glimpse of the power these case brokers can wield, prompting the government to make public promises to target their profession.

From chauffeurs to lawyers

Neta S Pane, chairman of Indonesian Police Watch, said brokers could be anyone, from lawyers to former criminals, and in Yudho's case, even a humble chauffeur.

"The key to being a case broker is to build close relationships with police officials," Neta said.

"The first step is earning [an officer's] trust. Once the broker has done that, the officer will only deal with that particular broker. The higher the officer's rank, the greater the broker's power."

Yudho became a broker almost by chance. Being a chauffeur, he said, gave him the opportunity to interact with his boss's subordinates and gradually earn their trust. "A criminal suspect asked me one day why it was so easy for me to go from one [Jakarta Police] station to another," he said.

"Later, he asked me to persuade one of the officers to drop a criminal charge against him. At first I declined, but he kept badgering me until I finally did it just to get him off my back.

"But when the charge was later dropped, he gave me a wad of money worth 10 times my monthly salary. I was hooked."

Yudho refused to disclose how much money he made brokering, but the KPK recordings suggest brokers could make as much as Rp 5 billion ($530,000) per case.

"It all depends," Neta said. "If it's a high-profile case – where brokers have to pay off high-ranking officials or where officers from several units are involved – it costs more. If another broker is involved, it becomes even more expensive.

"For small cases, however, usually the broker just has to pay off lower ranking officials."

Just like the real mafia

The term "judicial mafia" used to describe these case brokers is no exaggeration. Almost on a daily basis, the brokers battle each other for territory, respect and money, much like the real deal.

"Some time ago, my boss got transferred to Surabaya [in East Java] and I followed him to try my luck brokering cases there, but I couldn't get the Surabaya officers to open up to me. Later, I found out the hard way that the resident broker didn't like me trying to muscle in on his territory," Yudho said, laughing.

Yudho said it wasn't always about competition and that sometimes cooperation paid off. "While in Surabaya, I befriended [another broker] and we built up a mutually beneficial relationship based on my contacts with the Jakarta Police and his access to the Surabaya Police."

A retired police officer, who agreed to speak to the Globe on the condition of anonymity, said that brokers used all kinds of dirty tricks to get an advantage.

"Once, one of my men told me he was being blackmailed. He had been offered a prostitute and someone secretly took compromising pictures of him and the girl," the former officer said.

"I found out that the blackmailer was a case broker, trying to pocket my subordinate. So I had my men dig up some dirt on him and when we found out he was a drug addict, we arrested him for drug possession."

However, the retired officer said that he later became friends with the broker. "He was targeting my subordinate but got me instead," he said, laughing.

"We had mutual respect. To me, it was just about helping a friend. [The broker] also helped me when I needed him. He bought my son a house as a wedding gift and helped me with my promotion as a provincial police chief. But now that I'm retired, not once has he called to say hello."

Wide range of services

Postponing an arrest, halting a case, witness intimidation and getting rid of incriminating evidence are just some of the services a case broker can offer, as 27-year-old Budi, a former street racer, learned five years ago.

Budi (not his real name) was detained for 48 hours after he lost control of his car in a drag race, slammed into a wall at high speed and killed his best friend, a passenger in the car. Although he should have been charged with manslaughter, Budi circumvented the law with the help of a case broker.

"My father and I tried to buy my way out of trouble and reason with the police officer in charge, but he told us that since my friend's family had pressed charges, things were not that simple," Budi said. "The officer then told us to contact 'Pak Sam.' My father did and everything was taken care of."

Budi was never sure exactly what Pak Sam did or how much his father paid for his services, but police never pursued the case despite the overwhelming evidence against him. In the end, Budi only paid a Rp 500,000 fine for reckless driving. Almost immediately after the KPK recordings were made public, National Police Chief Gen. Bambang Hendarso Danuri announced a war on case brokers across the entire police force. Neta, however, said this pledge was little more than lip service.

"Case brokering runs deep within police institutions. Unless police officers are properly paid and the rogue officers removed, case brokers will continue to plague the legal system," he said.

"The police also need to finance their operational costs, which would be impossible to do without case brokering."

Neta said a middle-ranking police officer had to survive on a salary of just Rp 3 million ($320) a month, while the budget for one police patrol vehicle was barely enough to cover a distance of 50 kilometers a week.

"The government should first conduct a comprehensive study of why case brokering occurs and take preemptive steps to tackle corruption inside the police," he said.

Indonesian police continue to abuse power, Komnas HAM says

Jakarta Globe - December 10, 2009

Farouk Arnaz & Markus Junianto Sihaloho – Abuse of power continues to be a problem during police raids, the National Commission on Human Rights said on Wednesday.

Ifdhal Kasim, chairman of the commission, also known as Komnas HAM, said it often received complaints from the public about wrongful arrests, excessive force during operations and the torture of suspects.

"In terror raids, for instance, police will pay scant attention to human rights when dealing with terror suspects and the suspects' family members," he said.

"We've found clear signs that police officers favor a culture of violence. They prefer to settle a case by taking matters into their own hands via the use of force."

Ifdhal cited a recent incident in which a University of Indonesia history lecturer was assaulted by police simply because they mistook him for a drug dealer.

It was no secret that during police interrogations, suspects often faced both physical and excessive verbal abuse, he said, adding that despite numerous complaints of torture at the hands of police officers to Komnas HAM, such incidents still occurred regularly across the country.

Ifdhal said that police had to follow the rule of law like any ordinary citizen, even during the course of protecting others.

"I believe that all these problems, particularly in relation to police torture, happen because the government does not have a proper system that completely supports the prevention of these incidents," he added.

Corruption and collusion, Ifdhal said, also continued to heavily influence police investigations, affecting whether cases were properly pursued or not. He contrasted the recent prosecution of a grandmother in Central Java for stealing fruit to cases of corrupt bankers that often never even reached the courts.

Economy & investment

Economy can grow faster on logistics improvement

Jakarta Post - December 11, 2009

Aditya Suharmoko, Jakarta – Indonesia's economy may expand closer to 6 percent next year if the government can address problems related to sea transportation and ports, prominent economist Faisal Basri said.

Faisal, who spoke in a seminar on politic and economic outlook held by Antara news agency, Thursday, said inefficiencies in sea transportaion and ports contributed to high logistic costs. Spending on logistics accounts for 30 percent of the country's Rp 5,400 trillion (US$572 billion) gross domestic product (GDP).

"Not only sea [infrastructure] but also land. Our logistic costs are 30 percent of the GDP. China's are 20 percent, Thailand's are 10 percent. We spend too much on transportation costs," he said.

Faisal said a significant improvement could be made by simply making the services given under the National Single Window (NSW) available 24 hours a day. He said businesses could spend US$30,000 per day renting ships while waiting for cargoes to be unloaded.

First introduced in December in 2007, the NSW system is designed to shorten the time needed to verify the identity of importers to a maximum of 7.5 hours, or one working day. Without the scheme, importers previously had to wait several days for such clearance.

The system is currently mandatory for imports through Tanjung Priok Port, Surabaya's Tanjung Perak Port in East Java and Tanjung Emas Port in Central Java's Semarang, as well as the Soekarno- Hatta International Airport in Jakarta.

Coordinating Minister for the Economy Hatta Radjasa said Wednesday the fifth phase of NSW would be launched in January 2010. It will ensure all management of imports and exports are integrated in one portal.

Faisal estimated Indonesia's economy could grow at between 5.4 percent and 5.9 percent next year.

"If there's a little improvement it can reach 5.9 percent. The government's target [of 5.5 percent] in 2010 is too little. Just watch other countries leap ahead," he said.

"So a growth of 6 percent is feasible," he said, adding that exports would increase and private consumption would remain high. Private consumption usually contributes 60 percent of the economy, based on official statistics.

Faisal also said the government should improve manufacturing industry to create a healthy economic environment. "There's no way the economy can grow healthy if manufacturing industry doesn't grow."

An expanding manufacturing industry will provide more jobs for Indonesia's 104.87 million labor force.

In August the open (formal) unemployment rate stood at 7.87 percent of total labor force, according to the Central Statistics Agency (BPS). Almost 70 percent of Indonesia's workforce survive in the informal sector, which doesn't provide insurance or job certainty, BPS said.

The government says that the strengthening and growth of manufacturing industry is therefore one of its main priorities in its development plans for the next five years.

Indonesia less competitive than regional peers, says EU

Jakarta Post - December 9, 2009

Jakarta – Forget about competing with China – Indonesia lags behind Vietnam, Thailand and Malaysia in terms of trade and investment relations with EU member countries, an EU study revealed Tuesday.

Despite being the largest economy in Southeast Asia, the volume of trade and investment between Indonesia and EU member nations remains low, with the EU study recording European foreign direct investment in the country trailing FDI in Singapore, Thailand and Malaysia.

From 1996 to 2006 accumulatively, Indonesia was in fifth place for total FDI from the EU, with US$19.62 billion, less than the $20.59 billion recorded by Vietnam, where European nations have invested significantly more since 2002.

During the January-September period this year, the Trade Ministry says, exports to Europe dropped by 16 percent from a year earlier, while imports from the EU plunged by 18 percent.

Trade volume with EU nations during this period was only about 14.3 percent of Indonesia's overall foreign trade.

The EU's study on challenges and opportunities for trade and investment in Indonesia revealed the low trade and investment with Indonesia was apparently due to classic problems left unaddressed, including graft, poor governance, and lack of transparency and certainty.

"Those were part of several key factors behind the relatively low level of EU trade and investment in Indonesia that we have identified in our study," Julian Wilson, ambassador of the delegation of the European Commission to Indonesia and Brunei, said in a seminar on Tuesday.

Other key obstacles and constraints identified by the study include the lack of trade facilitation, poor customs administration, uncertain tariffs, import controls on certain commodities and lack of transparency in government procurements.

Further problems highlighted include poor infrastructure, ambiguous and overlapping regulations between agencies at the central and local levels, and restrictions on foreign ownership in certain business sectors.

These obstacles and constraints, Wilson said, might be the reasons why the EU traded and invested more with Indonesia's smaller neighbors or with other emerging markets of a similar size as Indonesia.

"The EU, however, still sees Indonesia's growing prospects," he said, as long as Indonesia was willing to reform its business and investment climate and deepen integration in trade in services and investment.

Top European investors here include the UK with $1.04 billion of investment, or 62.9 percent of the EU's total investment in Indonesia in 2006.

Wilson added the EU was eyeing greater investment volume in Indonesia's five most promising areas: power generation equipment, non-electrical machinery, consumer goods, pharmaceutical products, and telecommunications equipment and services. (bbs)

Analysis & opinion

Yudhoyono sees coups round every corner

Asia Times - December 15, 2009

John McBeth, Jakarta – Something strange has happened to Indonesian President Susilo Bambang Yudhoyono since his sweeping victory in July's presidential elections, showing a side of him that appears thin-skinned, self-centered and, more recently, even paranoid.

It is not a flattering picture, underscored by his angry claims that he has been the victim of lies and character assassination and one recent incident when he stopped in mid-speech to castigate a member of the audience for resting his head in his hands.

"His moods are very bad now," says one palace insider, noting the way the president has adopted a more regal bearing, particularly in the way he conducts cabinet meetings. "He takes everything so personally."

Much of Yudhoyono's mood swings can be explained by the pressure he has been under over the Anti-Corruption Commission (KPK) and Bank Century scandals that have given his new administration its worst possible start.

But a lot of it has been self-inflicted and raises troubling questions about the quality of advice he has been getting. It has even led some critics to wonder if the retired general is only a democrat when it suits him to be.

Certainly, he has been slow to realize how much civil society groups have grown in the past decade and how effective they have become in galvanizing public opinion on an issue as widely detested as corruption.

In the period leading up to recent Anti-Corruption Day demonstrations, the president veered wildly into fantasy land with astonishing claims that they were being used to bring him down.

Not even chief security minister, Djoko Suyanto, seemed to believe that. Yet on the eve of the street rallies, the Detachment 88 counter-terrorism unit was placed on high alert to guard against terrorists infiltrating the protestors.

It was only in a televised speech in the evening that the president seemed to realize he had gone too far and sought to change direction by declaring a "jihad" against corruption and pledging to form a special unit to reform the judicial system.

In the end, the threatened people's power uprising, or whatever he thought it would be, was an anti-climax, thanks to the rain, fears of traffic gridlock – and perhaps even the president's speech itself.

Yudhoyono's change in character can be traced to a puzzling outdoor speech he made on the day Islamic militants bombed the Ritz Carlton and JW Marriott hotels in Jakarta, just a week after July's presidential elections.

Suddenly, the twin attacks were all about him. Standing in the palace grounds, he dramatically produced a bullet-scarred picture of himself, which had been used during target practice at a militant training camp – four years before as it turned out.

Then he appeared to accuse his political opponents of perpetrating the blasts before police investigators had even determined definitively that they were the work of suicide bombers. His anger may have been understandable, coming as it did when he was on an emotional high after his resounding election victory. But it left an unpleasant after-taste with many Indonesians.

Corruption troubles

The source of his other troubles goes back to late June, a week before the election, when the jailing of his father-in-law, central banker Aulia Pohan, for corruption, led him to openly question the powers of the KPK.

The outburst presaged a plot hatched by police and prosecutors to go after KPK commissioners Bibit Rianto and Chandra Hamzah on clearly trumped-up charges of bribery and abuse of power.

Yudhoyono proceeded to sit on his hands and shelter behind what he claimed were legal restraints when it was obvious from the start that justice, more important than anything in a democratic society, was being perverted.

The plot finally unraveled after the public airing of wire-tapped tapes before the Constitutional Court revealed the full extent of the conspiracy and collusion between police, prosecutors and corrupt businessmen.

But even then, the president seemed more alarmed about the fact that his name was mentioned on several of the tapes, even if it was not all incriminating. In other words, it was all about him again.

While the KPK controversy seems to have been laid to rest with Rianto's and Hamzah's return to their positions, Yudhoyono can only let the Bank Century bailout case run its course now that it is being investigated by a special parliamentary committee, whose members and their motives are already embroiled in controversy.

Even here, a president who demands absolute loyalty from his ministers has shown little inclination to give some back, leaving embattled Vice President Boediono and Finance Minister Sri Mulyani Indrawati to the mercy of the politicians

It would have taken little for him to declare his confidence in the two members of his cabinet, whose integrity and character are considered by many to be beyond reproach.

As it was, when the president flew off on a four-nation tour of Europe on December 13, it was without his finance minister – the one person who should have been with him on a trip of such importance.

While Yudhoyono may ultimately be able to use his ruling coalition's majority in parliament to control the outcome of the inquiry, he has no way of managing what is actually said during the hearings, which are expected to last at least three months.

Despite all the strides made under his first administration in putting a dent in endemic bureaucratic corruption, the president has seemed strangely reluctant to break a few eggs.

In doing so, he has raised questions about the KPK's powers to wire-tap. "The important thing in eradicating corruption is to prevent, not to entrap," he told a national summit in October called to map out a government agenda for the next five years.

Deterrence and the fear of punishment is the most potent weapon available to anti-corruption fighters – and wire-taps, as long as they are properly regulated internally, are the most crucial element of that.

Yet picking up on the president's reservations, Communications Minister Tifatul Sembiring is now suggesting that the commission must obtain a court order before it targets a suspect.

That may be all very well in Western countries with robust legal systems, but in Indonesia it will almost certainly be turned into another way of making money for corrupt elements in the judiciary and the brokers who feed off them.

The only reason corruption prospered in Indonesia in the first place was because few if any transgressors went to jail. In the four years since they have, with the KPK leading the charge, Indonesia's place on Transparency International's corruption perceptions index has dropped from 137th to 111th.

But even today, the stream of public officials to be imprisoned on graft charges seldom look ashamed at what they have done. Invariably, they are either smiling in embarrassment at their misfortune – or are enraged that they have been caught out.

[John McBeth is a former correspondent with the Far Eastern Economic Review. He is currently a Jakarta-based columnist for the Straits Times of Singapore.]

Indonesia's reformers under attack, worry investors

Reuters - December 14, 2009

Sara Webb, Jakarta – Indonesia's improving political and economic outlook was a big draw for investors this year, but a fight between reformers and cronies may prove to be a tipping point in sentiment for the region's biggest economy.

At stake is whether Finance Minister Sri Mulyani Indrawati and Vice President Boediono, two technocrats considered among the architects of reform in President Susilo Bambang Yudhoyono's cabinet, are elbowed out by old-school political rivals.

For now that prospect seems unlikely. Indrawati and Boediono have vigorously defended their role in last year's 6.7 trillion rupiah ($709 million) bailout of a small lender, Bank Century.

But the fact they may be questioned by a parliamentary committee next month about the deal means investors are paying closer attention to the case because of the political risk, particularly since it pits Indrawati against long-time rival Aburizal Bakrie, a powerful politician and tycoon.

"If Sri Mulyani was forced out, I think a lot of people would be worried. She represents the high ground, change, and anybody with aspirations of a cleaner Indonesia," said Nick Cashmore, head of CLSA in Indonesia.

The departure of Indrawati, a former IMF official with an international profile and a pro-foreign investment agenda, would reduce prospects for a much-needed overhaul of the civil service, police, and judiciary, as well as the fight against corruption.

It would also remove a firm advocate of sound economic and investment policies, potentially hitting short-term capital flows into the domestic financial markets and long-term commitment to infrastructure, manufacturing and natural resources projects.

Behind much of this year's enthusiasm for Indonesian assets, whether stocks, bonds, the currency or through direct investment in key sectors of the economy, is the realisation that the country may at last be able to achieve its full potential.

Its abundant natural resources – gas, coal, tin, copper, palm oil – are in hot demand, while its population of about 240 million people make it an increasingly appealing consumer market for companies ranging from PT Unilever Indonesia, which sells soaps and shampoo, to PT Astra International, which sells cars and motorbikes.

The re-election of President Yudhoyono this year spurred hopes of improving economic growth, seen topping 4.3 percent this year, and has helped drive the rupiah up 16 percent against the dollar, and stocks up 85 percent, while bond yields have contracted.

'Indonesian love affair'

What has had investors and economists talking about this G20 emerging economy in a far more favourable light, one capable of winning an investment grade credit rating within two to three years and a place alongside the BRIC economies Brazil, Russia, India and China, is its push for political and economic reform.

"There's almost a love affair" with Indonesia right now, said Robert Prior-Wandesforde, senior Asian economist at HSBC in Singapore.

"The Bank Century case is a worry. It may be the minor thing that leads everybody to wake up to the fact Indonesia is not going to deliver the kind of reform they want. The risk is there's a slow burn: a point comes that leads the market to wake up and question their previous enthusiasm."

This shift in perceptions comes only a few weeks after senior central bankers suggested Bank Indonesia was considering controls on hot money inflows, prompting a sudden sell-off in the rupiah.

Yudhoyono won a second, five-year term in July thanks to his continued commitment to tackling endemic corruption and spurring economic growth. Much of the success on this front has been thanks to Indrawati and the Corruption Eradication Commission.

Both have taken on powerful, corrupt officials, making many enemies in the process. Now, it seems, it's payback time.

The anti-graft agency (KPK), one of the key weapons in fighting endemic graft, came under attack from the police and attorney- general's office, both of which regularly rank among Indonesia's most corrupt institutions.

Instead of acting swiftly to intervene in support of two senior KPK officials who were apparently framed by police and state prosecutors, sparking a massive public outcry, Yudhoyono insisted the appropriate legal procedures had to be followed.

The president eventually spoke out about the need for legal reform and the two wronged KPK officials were released and returned to their jobs.

But many ordinary Indonesians who have grown tired and frustrated with the level of corruption in the legal system were disappointed by the president's dithering.

More recently, finance minister Indrawati has been criticised over her role in the bailout of Bank Century last year, and is likely to be questioned by a parliamentary committee stacked with politicians who oppose her push for reform.

Both Indrawati and Boediono, who was central bank governor at the time, have said the bailout was necessary to maintain investor confidence in its financial system during the global credit crunch, at a time when financial institutions in several other countries were rescued.

Local media have reported that businessmen who benefited from the bank bailout may have been donated to Yudhoyono's political campaign. Indrawati, Boediono and Yudhoyono have all denied any wrongdoing and urged a full investigation to prove that.

"The level of anxiety is a bit higher than a month ago," over the Bank Century inquiry, said Tim Condon, economist at ING in Singapore.

The 'Balibo' ban in Jakarta

Wall Street Journal Editorial - December 10, 2009

Censoring a film is a step backward for the Indonesian democratic progress.

Indonesia's transition to democracy has been so rapid and smooth that it's hard to remember the vagaries of Suharto-era repression. But a recent film ban serves as a reminder that certain freedoms are still under threat.

The Film Censorship Board last week ordered the Jakarta Film Festival to neither screen nor distribute "Balibo," an Australian movie that accuses the Indonesian Special Forces of killing five foreign journalists when the army invaded East Timor in 1975.

The Indonesian government maintains the reporters were caught in cross-fire; an Australian coroner says they were intentionally shot. The censors dispute the movie's "subjective point of view" that they say "will potentially open old wounds."

A mature democracy would settle this question through open discussion and debate. Ordinary Indonesians certainly want to do so: They have rushed to purchase pirated DVDs of "Balibo." The Association for Independent Journalists in Indonesia kicked off a 23-city screening tour this week. Hundreds have already attended four public screenings in Jakarta; at the first one, the theater owner had to set up an extra screen to accommodate the crowds.

The surge in public support shows the Indonesian public is far ahead of the government of President Susilo Bambang Yudhoyono, which has so far supported the censors. The day after the ban, the Foreign Minister told parliament the decision would protect Indonesia's public image.

Mr. Yudhoyono, a former general, has remained silent. This isn't the first time that Mr. Yudhoyono hasn't stood up for his people's constitutional rights. He has allowed censorship of the press and curbs on freedom of religion under his watch, too. A tacit endorsement of the "Balibo" ban would continue what is becoming a dangerous pattern.

Indonesians take to the streets

Asia Times - December 10, 2009

Patrick Guntensperger, Jakarta – Indonesian President Susilo Bambang Yudhoyono's political troubles are being compounded by a street movement led by several of the democracy-promoting non- governmental organizations with which he was once seen to have common cause.

Traffic in the national capital was gridlocked on Wednesday on International Anti-Corruption Day as tens of thousands took to the streets to protest the recent corruption and abuse-of-power scandals surrounding Yudhoyono's freshly elected government.

More than a decade after toppling long-reigning strongman Suharto, Indonesia has yet to step out from the shadow of its systemically corrupt and bloated civil service, including the tainted national police force. Despite recent progress in prosecuting and convicting several corrupt officials, the country still perennially ranks near the top of international lists ranking the world's most corrupt countries.

Perceptions that the national police and Attorney General's Office may have intentionally undermined the quasi-independent and highly successful Corruption Eradication Commission (KPK) on false charges of bribery and extortion, and allegations that top government officials may have pilfered funds from a state bailout of a mid-sized bank to bolster the government's re-election campaign, have badly dented Yudhoyono's domestic popularity and international credibility.

If the allegations prove founded, some suggest the legitimacy of this year's election results could be called into question. The main political opposition, led by former premier Megawati Sukarnoputri's Democrat Party for Struggle (PDI-P), had earlier lodged a complaint against the legitimacy of polls, which saw Yudhoyono take over 60% of the presidential vote. It is not clear whether the current controversy and allegations that state funds were channeled towards his election campaign will motivate her to launch a new complaint.

Political analysts also wonder whether the still nascent street movement could evolve along the lines of the potent political force that pushed Suharto from power in 1998. Some suggest that could happen if Yudhoyono is eventually linked to official attempts to undermine the KPK by jailing two of its deputy chairmen, Bibit Rianto and Chandra Hamzahon, on trumped-up charges due to fears it might investigate his role in alleged irregularities with the Century Bank bailout. These include still unproven allegations that funds were illegally funneled into his re-election campaign coffers.

In July, Yudhoyono was swept to a second democratic mandate on the platform of his self-professed anti-graft credentials. Since taking the oath of office, his presidency has been plagued by one corruption scandal after another, sending his popularity into freefall in polls. Since the scandals broke, he has claimed to be a victim of "lies and character assassination" and in a nationally televised speech on Tuesday promised "jihad" against corruption. He also called to maintain the KPK's wiretapping capabilities in conducting investigations.

That investigative capability earlier captured conversations that appeared to link Yudhoyono to a police and Attorney General's Office-led ploy to undermine the KPK. Yudhoyono's subsequent perceived failure to take a firm position on the bogus charges and temporary detention of two KPK deputy chairmen has galvanized waves of popular indignation that his previous anti-corruption posturing was little more than pandering to an issue that has deep resonance among national voters.

With their release from detention and restitution to their positions to the KPK earlier this week, both chairmen have focused the KPK's attention on the 6.76 trillion rupiah (US$710 million) Century Bank bailout. Both the KPK and a parliamentary commission will investigate Yudhoyono's previous government's decision in November 2008 to bail out the mid-sized Bank Century.

The KPK has said it will probe into how the bailout decision was taken and to whom the government rescue funds were channeled. The government's Supreme Auditing Agency has already released a report saying that as much as 40% of the bailout's funds were illegally disbursed.

It is lost on few observers that the KPK has a 100% conviction rate for past cases of high-level graft and corruption it has undertaken. Under anti-corruption laws, officials face a potential one to 20 years in prison for guilty convictions; the parliamentary probe could lead to impeachment proceedings, though that seems unlikely, given Yudhoyono's coalition majority.

Both the KPK and parliament will weigh why the ultimate cost of the Century Bank bailout grew from 632 billion rupiah to 10 times that amount and what role former Bank Indonesia governor and current Vice President, Boediono, and Finance Minister Sri Mulyani may have had in any wrongdoing. Many analysts believe that the mid-sized Bank Century was an odd choice for a bailout, despite the administration's insistence that it was necessary to set the bank right to avoid a "domino effect" of systemic failure.

Century Bank was one of dozens of local financial institutions, including many with larger balance sheets, which wobbled in the wake of last year's global financial meltdown. Some anti- corruption activists and Yudhoyono's political opponents suggest that the bailout was at the least a matter of political favoritism, precipitated by the fact that some of the largest contributors to his Partai Demokrat apparently held substantial accounts at Century Bank.

These are the same voices that see a connection to the KPK frame-up, which they believe had Yudhoyono's at least tacit support in an effort to hamstring any potential investigation into the Century Bank bailout. Despite Yudhoyono's tendency towards consensus and compromise in dealing with complex political issues, the street protests launched against his administration are already testing his resolve.

As a former member of Suharto's inner circle, he understands acutely the threat that coordinated street actions represent to his democratically elected government's survival.

He has already made numerous speeches intimating that the rallies are being organized and infiltrated by his political opponents to stir chaos and mayhem. He has implied that the anti-corruption demonstrations represent an attempted coup d'etat against his government, but it's not clear to most that is the case.

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

Remembering Balibo: An opportunity to correct past wrongs?

Jakarta Post - December 8, 2009

Aboeprijadi Santoso, Amsterdam – Balibo is just one shameful chapter in our Indonesia's past, but it could be viewed as a symbol for so many human wrongs, for so many shameful things, that have befallen our nation.

When the commander of the East Timor invasion, gen. Benny Moerdani, learned of the presence of five foreign journalists in Balibo he quickly dispatched the order through the chain of command that there were to be no witnesses to Indonesia's flouting of international law. The order trickled down through Col. Dading Kalbuadi who instructed Capt. Yunus Yosfiah to order his unit, the Susi Team, to "silence" all five newsmen on Oct. 16, 1975.

What else were the soldiers and militia to do when their commanders relayed the direct order that "there are to be no witnesses"?

At work was the political-military logic, which was built on the fundamentals of Soeharto's New Order state. Dading's reply to Benny's order – "Don't worry" – tells us the depth of that logic. Subsequently they took it for granted that those journalists, who were there to report on the secret operation in East Timor, simply had to be eliminated. (Benny's quotations are taken from Jill Jolliffe's 'Cover Up, The Inside Story of the Balibo Five', 2001, p. 312).

The Balibo killings, in other words, were a symptom of New Order's way of doing things: routinized cover-up. Today it would be impossible to launch a military campaign into another country and systematically eliminate any witnesses without the knowledge of the President and parliament. Gen. Ali Moertopo's Opsus (Special Operation) in East Timor led by Gen. Benny, was open- ended, resulting in an almost 25-year brutal occupation with countless tragedies. Hence, our national shame.

The context to the conflict was, of course, the Cold War. A potential "enemy in our backyard" or – in the words of an Indonesian diplomat before the UN General Assembly in 1976 – "a fire at our neighbor's house", was the excuse to invade our tiny neighbor. Once annexed, its troubles were belittled as "a pebble in our shoe".

But the justification at home for the atrocities that occurred remained as it had always been: "a mission to maintain state unity". The obsession with unity displayed by the military – itself becoming a sacred state institution – thus became a powerful justification for the many war crimes it committed. Since the mission into East Timor often involved intelligence operations, both its sacrosanct status and its justifications were simply taken for granted.

So, is the Balibo incident really any different to other unresolved atrocities in which army intelligence units, claiming to act in the interest of the state, took the lives of innocent civilians?

Forget for a moment the great tragedies of 1965-1966 and the prolonged war in and around East Timor's Matebian in the late 1970s. Remember instead the 1983 massacre of Kraras villagers in East Timor, the 1980s torture center in a Pidie village, Aceh, the 1984 Tanjung Priok killings, the 1989 Talangsari assault or the more recent assassination of rights activist Munir, to name a few.

Such cases were never clarified and ended up in impunity apparently because they were all part and parcel of state's sacred mission and were justified as such.

Even in civilian crimes such as the recent Antasari murder trial, a police officer, whose career reflects New Order's legacy, explicitly used the same language – a discourse of "state mission" – when he allegedly ordered thugs to kill Nasruddin Zulkarnaen.

Indeed, the Balibo commander, the late Gen. Dading Kalbuadi, proudly saw the Balibo case as part of his patriotic dedication running from the late 1940s to the war against the Permesta rebellion in the mid-1950s. In 1995, he told this writer: "East Timor? Well, we had to take it over. Just like Lawrence of Arabia's [mission] in the Arab land, you know".

Meanwhile, evidence, including eye witness accounts, has accumulated and debated in many publications, commissions and courts around the world. So such so that it has become simply ridiculous to maintain Dading's claims that the Balibo journalists were victims of cross fire, and not murdered in cold blood.

Let us remember that when President Abdurrahman "Gus Dur" Wahid apologized in Dili in 2001 for the occupation and subsequent tragedies (the only Indonesian state leader to ever do so), it surely included the Balibo tragedy.

Therefore, to suggest, as the Indonesian military and diplomats voice to this very day, that the Balibo incident was just collateral damage incurred in the heat of battle, is a pertinent lie.

Neither should the case be considered closed. It appears that Jakarta is now taking fruit from the CTF pact (RI-Timor Leste Joint-Commission of Truth and Friendship), using it to once and for all relegate to the pages of history whatever past wrongs the military and militia committed in East Timor, effectively diffusing any investigations into cases like Balibo.

In doing so, the authorities have encouraged, and at times forced, society to turn a blind eye. The most recent example of this is the Film Sensor Agency's blanket ban on the film Balibo.

It's an anomaly in this infant democracy that prolongs Balibo- like agonies and leaves little room for future generations to learn from our own past. Indonesian journalists cannot be blamed for their belated solidarity on the Balibo case, since they too were victims of repressive media constraints by the New Order regime.

Instead of this arrogant approach to our nation's wrongs, we should take the stance of Argentina, where the post-military regime has allowed the public release of Argentine in the Seventies, a documentary film similar to Balibo.

In a democracy that has started to stabilize itself with growing electorate maturity, the free flow of information is a must. Without this, past wrongs will only burden us with more national shame.

[The writer is a journalist. He covered East Timor in the 1990s for Radio Netherlands.]