Muninggar Sri Saraswati – President Susilo Bambang Yudhoyono's prayers of late have likely been dominated by wishes that the PT Bank Century bailout probe might die an unholy death, but those prayers reached an entirely new level over the weekend.

Yudhoyono joined thousands of people, including a number of ministers, at a mass prayer event organized by his prayer club, Majelis Dzikir SBY Nurussalam, at the National Monument (Monas) Park on Saturday.

One of those in attendance, Religious Affairs Minister Suryadharma Ali, who also chairs the United Development Party (PPP), a member of the ruling coalition, denied the mass prayer was intended to be a show of force. "The mass prayer should be seen as support for the president and our love of the state," Suryadharma said.

However, he did say that the silent majority of the country, who did not want to see "this country be ripped off by narrow minds," were finally beginning to make their voices heard.

"Previously, the minority have made their voices heard while the majority have remained silent," Suryadharma said. He said he could not predict that the mass prayer would develop into a street movement to compete with critics of the embattled president.

Yudhoyono is under intense and increasing pressure over the bailout, which all but two political parties now say was illegal. Some lawmakers continue to maintain that Yudhoyono benefited from it financially.

The president has distanced himself from the roles Vice President Boediono and Finance Minister Sri Mulyani Indrawati played in approving the bailout, and has criticized those who dare to criticize him, including the media.

Political observers Airlangga Pribadi, from Surabaya's Airlangga University and Andrinof Chaniago, from the University of Indonesia, said Yudhoyono used the mass prayer to show his critics that he still had a large number of supporters behind him. "He won the election in a landslide victory," Andrinof said. "He wanted to remind his critics about it."

Airlangga said the mass prayer was "a typical SBY way to garner public sympathy". "He has developed his reputation as a leader with ethics," Airlangga said. "He has showed that he was offended by the rallies using the buffalo. But he got more fierce criticism instead. I think this is the way to make up things."

Also making public appearances at the prayers conducted in Yudhoyono's honor were first lady Kristiani Herrawati, Foreign Minister Marty Natalegawa, Communications Minister Mohammed Nuh, State Secretary Sudi Silalahi, Coordinating Minister for Political, Legal and Security Affairs Djoko Suyanto, Coordinating Minister for Economic Affairs Hatta Rajasa, Youth and Sports Minister Andi Mallarangeng, Coordinating Minister for People's Welfare Agung Laksono.

Lesbian couple forced to marry, then reported to police

Jakarta Globe - February 12, 2010

Locals unwittingly forced two women into a same-sex marriage in Labuhanbatu, North Sumatra, because they thought the pair were having premarital sex, however after it was revealed that the 'husband' in the relationship was actually a woman, the neighbors reported the women to police for being lesbians.

Hendra and Trisnawaty Lubis were married a few weeks ago. However, on Thursday somebody told their neighbors that Hendra was actually a woman and her real name was Indah. Shocked, neighbors confronted the couple and Hendra confirmed that he was actually a she.

The locals then reported them to police. According to Metro TV, the couple told police that they had not wanted to get married at first but they had no choice.

Trisnawaty and Indah were seeing each other and they often dated at Trisnawaty's house until late at night. At the time, locals believed Hendra was a man.

Believing that the young couple were engaging in premarital sex, neighbors forced them to marry so they would not "taint" the village. Indah and Trisnawaty told police that they did not want to lie but they were afraid of the reaction from locals if Indah revealed she was a woman.

"I knew she was a woman but what else could we do? We were very afraid," Trisnawaty told Metro TV.

Police were still investigating the case and the couple were being detained at the Labuhanbatu Police Headquarters for questioning. Homosexuality is not illegal in Indonesia, however the couple could be punished for lying on official marriage documents.

Sex workers return to the streets after rehabilitation

Jakarta Post - February 12, 2010

Jakarta – A number of sex workers returned to the street after undergoing a rehabilitation program at Bina Karya Wanita Harapan Mulia rehabilitation center in Kedoya, West Jakarta.

The center reported that 20 percent of the 292 women who joined the program last year had been in the center's program frequently. Eight of them had even been arrested four times.

"I met one of them in Jatinegara plying her old trade on my way home the day she was released," T. Syahrul, an official at the center, said Wednesday. He added the woman told him she could not return home because her family at her village expected her to earn an income.

Most of the sex workers that come to the center, Syahrul said, were caught in operations by public order officers and brought to social institutions like the center.

The city social services agency has two other rehabilitation centers for prostitutes, Ceger 01 and Ceger 02, both located in East Jakarta.

In the program, the sex workers learn vocational skills such as sewing, cooking and hairdressing. They are also required to attend regular religious sermons and do physical exercises.

After six months of training, they are released from the center. The social services agency helps send them back to their families in their hometowns by providing them with train tickets.

Although they left equipped with new skills, Syahrul expressed doubts they could find jobs due to the high unemployment rate. "They can be released and are then caught again sometime in the next two years," he said.

The center's data showed half of the women who entered last year's rehabilitation program had between one and two years' experience as sex workers while the rest had been sex workers for three or more years.

Only 12 percent were senior high school graduates, 31 percent were junior high school graduates and 51 percent had completed only an elementary education. The remaining 6 percent were illiterate. In 2008, 149 sex workers entered the rehabilitation program at Kedoya. (lnd)

Actions, demos, protests...

Protesters burn pictures of former minister, paper company boss

Tempo Interactive - February 12, 2010

Jupernalis Samosir, Jakarta – A coalition of mainly environmental groups in Riau province staged a protest on Friday outside the provincial legislative council's office to the demand the closure and eviction of a paper company accused of illegal loggings by environment groups including Greenpeace.

Activsts unfurled banners printed with "RAPP Devoured Riau Forests", "Eject RAPP MS Kaban & Sukanto Tanoto Robbers of the People's Forests", SBY Where is Your Promise on 26 Percent Less Emission", Arrest Fugitive Sukanto Tanoto, RAPP: Riau The Mainstay of Robbers, and other insults, while others buried pictures of Sukanto Tanoto (owner of Riau Andalan Pulp and Paper) and Malem Sambat Kaban (former Forestry Ministry).

They demanded the regional government to revoke the company's license to exploit resources in Riau forests. "We want the government to close the Kampar Peninsula from exploitation and restore its function as peat land," a field coordinator of the protest Hariansyah Usman. They also denounced license given to Riau Andalan Pulp and Paper to exploit forests in smaller islands in the province.

Some of the groups in the protest include Walhi Indonesia Friends of the Earth, Jikalahari, Scale Up, Greenpeace South East Asia, Bahtera Alam, FGI-TI, Riau Mandiri, KPA Tiger, AMAR, Brimapala Sungkai, and Pekanbaru Legal Aid Foundation.

Protesters stone mayor's house

Jakarta Post - February 11, 2010

Padang – More than 2,000 people, most of whom were affected by the Padang earthquake in September, stoned the mayor's house to protest their mistreatment.

The protesters, who also had filed their complains to local councilors, have been demanding their kiosks be moved from the makeshift location by the streets to a field.

They walked 600 meters from the Pasar Raya market up to the municipality residence where around 600 police personnel were on the scene to guard the rally, supported by rolls of barbwire and a water canon brigade truck.

The protesters demanded the relocation of their kiosks, the complete reimbursement of financial aid and for a bus terminal to be established near the market.

They then began to stone the house, which prompted the police personnel to spray the water canon.

The police did not make any arrests and the protesters continued their actions before being dismissed in the afternoon.

Protesters and buffalo detained as Yudhoyono arrives in Palembang

Jakarta Globe - February 9, 2010

President Susilo Bambang Yudhoyono attended the commemoration of the 64th National Press Day in Palembang, South Sumatra, on Tuesday, however prior to his arrival, police detained a group of rallying students and confiscated a buffalo.

Yudhoyono and his entourage took off from the Halim Perdanakusuma Airport in East Jakarta at 8 a.m. and arrived at Sultan Mahmud Badaruddin II Airport in Palembang at 9:10 a.m. A traditional welcome dance, the "Gending Sriwijaya," greeted the president upon his arrival.

Yudhoyono was scheduled to deliver a speech and witness the signing of a company standards ratification by 20 news organizations.

Meanwhile, a group of students from Unity Indonesian Muslim Student Action (KAMMI) were detained by the police for rallying at Jalan Demang Daun Lebar, Palembang, where the presidential entourage was scheduled to pass.

Metro TV reported that police confiscated a buffalo and open letter which the students planned to give the president. Palembang Police Chief Sr. Comr. Luky Hermawan said the students were detained because the rally should have taken place at a different location.

Yudhoyono grabbed headlines earlier this month for expressing upset that demonstrators in Jakarta had used a buffalo at a protest. "The [demonstrators] brought a buffalo, [implying] that SBY's body was as big, lazy and stupid as the buffalo," the president said at the time.

Students demand tax evasion charge against Aburial Bakrie

Tempo Interactive - February 8, 2010

Anton Septian, Jakarta – A group of students from at least six universities rallied outside one of Bakrie & Brothers' property on Monday (8/2) to urge authorities to complete tax evasion investigation on three subsidiaries of the politically-related busines group.

"We demand Aburizal Bakrie to be charged with tax evasion," shouted a rally coordinator, while protesters carried posters of Aburizal Bakrie, chairman of Golkar Party and former Coordinating Minister for People's Welfare.

Students from Syarif Hidayatullah State Islamic University, Muhammadiyah University, As-Syafiyah University, Bung Karno University, and Swadaya School of Economics.

Three companies under Bakrie and Brothers group PT Bumi resources, PT Kaltim Prima Coal, PT Arutmin have allegedly manipulated financial reports to reduce tax payment to the government worth in total Rp2.1 trillion.

Aceh

Under the shadow of shariah law, transsexuals take to the stage

Jakarta Globe - February 14, 2010

Nurdin Hasan, Banda Aceh – In their best Acehese costumes, kitsch jewelry and towering hair buns, 40 transsexuals sashayed down a stage on Saturday to loud club music, disco lights and rapturous applause as they competed in the Miss Transsexual Aceh 2010.

The streets of Aceh may be monitored by the Wilayatul Hisbah, or Shariah Police, but that did not deter the audience in the auditorium of the Radio Republik Indonesia building in the provincial capital, Banda Aceh, as they welcomed the finalists with screams and whistles.

There was no seat left unoccupied. Drag queens, homosexuals and members of Aceh's minority communities forked out Rp 10,000 for tickets to the show, with some having to sit on the ground or watch from the balconies.

Transsexuals entertained the audience by lip-syncing to local songs and dancing to dangdut music. Some wore sexy outfits while others donned the hijab, the Muslim headscarf.

The winner of the Best Transsexual Catwalk wore a sash with the words "Cet Work," a misspelling of the word catwalk, splashed across it.

Organized by Putroe Sejati Aceh (True Sons of Aceh), an organization that provides shelters for transsexuals, the 40 contestants represented 23 districts and cities in the staunchly Muslim province.

University student Zifana Letisia, from North Aceh, was crowned the pageant winner and will represent Aceh at the Miss Transsexual Indonesia 2010.

She said she was treated well at her campus despite her sexuality. "At campus, my achievements are quite extraordinary. Nobody dares to put me down.

"People on campus are polite, even respectful and proud of me, even though I am a transsexual," Zifana said, adding that she did not take Islamic law lightly.

A third-year nursing student and part-time beauty therapist, Zifana, whose real name is Anggah, beat out finalists Jasmine Mulan Sayuri, from South Aceh, and Joy, from Central Aceh.

"We are very careful today [when it comes to Islamic Shariah law]. One day, we will build a special forum to try and find a middle- ground over this matter in Aceh," Zifana said.

Organizing committee chairman Jimmy Saputra said the event had been approved by Aceh's Ulema Consultative Assembly (MPU).

"After we explained that this activity would be a positive event, the MPU scholars gave us permission," said Jimmy, who also goes by his transsexual name Timmy Mayubi.

The event was judged by a three-person panel. The judges were Marini, from the Indonesian Women's Coalition of Aceh, and Silver Sebayang and Santi, both from RRI Banda Aceh.

The pageant started out with 40 contestants, of which 15 were selected as finalists. These 15 were further winnowed down to the final six.

Many contestants struggled to understand the judges' questions, which covered a wide range of issues, from corruption to the daily struggle of transsexuals and Shariah law in Aceh.

When asked to comment on allegations that the province's Shariah Police were violating the laws they enforced, 23-year-old Alin, from Lhokseumawe, said in a lilting voice: "I will follow the law of Islamic Shariah because I live in Aceh."

The audience burst into laughter when Carla, 20, who was representing Aceh Besar district, replied to a question on the link between poverty and corruption with the answer: "If [the concept of] poverty was not applied, there would be no corruption."

Carla, in true beauty-queen style, kept poised and elegant despite the crowd's reaction, and walked along the stage while waving her right hand.

Other contestants were unable to speak at all when questioned by the judges. But some received standing ovations, including 19- year-old Joy, from Central Aceh district.

In response to a question on the existence of transsexuals at a time when Muslims were subject to Shariah law, Joy loudly declared: "The application of Islamic law in Aceh is not in accordance with the wishes of the people because many people in Aceh are still violating Shariah, especially during Ramadan when they are not fasting and commit adulterous affairs."

Cut Nyak, 20, of Pidie district, said Shariah law was a "tool applied in Aceh to manage the public because the majority of Acehnese were Muslims," adding that she supported the implementation of Islamic law in the province.

Aceh's controversial Qanun Jinayat code is a set of local bylaws that were passed in September by the province's legislative council, and replaced parts of the Criminal Code with sections of Islamic law for Muslims.

Under the code, people deemed to have committed adultery or had premarital or homosexual sex could be sentenced to lashings with a cane or be stoned to death.

Corporal punishment can also be meted out to rapists, child molesters and those caught drinking alcohol or gambling. Muslims' interactions with members of the opposite sex who are not family members are also strictly regulated.

After the code was passed, international human rights groups spoke out against the regulations and called them a violation of basic rights. Aceh's governor, Irwandi Yusuf, has refused to sign off on the Qanun Jinayat.

Jimmy, the event organizer, said "raids against women clad in tight pants" should be the least of Aceh's worries, as the province had many other problems.

"There's unemployment and other problems affecting the livelihoods of the people – that should be what we focus on, rather than on issues concerning people's personal affairs. Everyone has the right to express their personality," he said.

"Especially when it comes to sex. It should not be banned, because all people need sex. I also really need sex," he said. He added that there were about 150 transgenders in Banda Aceh and they were able to fit into the community without any problems.

Female protesters in Aceh demand release of political prisoners

Tempo Interactive - February 8, 2010

Adi Warsidi, Jakarta – Thousands of female protesters took to the streets in Aceh Province on Monday (8/2) to demand the release of remaining political prisoners in government prisons, criticising the government for failing to complete one of the deals in the the 2005 peace accord with with the Free Aceh Movement.

Rally coordinator Nurmansyah Ali said there are three Aceh political prisoners who remains in government prisons, one of them in Cipinang Penitentiary, and two of them in Tangerang narcotic prison outside Jakarta.

They demand immediate unconditional release of the three men and urged regional legislative body to help push the central government over the matter.

Protesters reminded the government that Aceh political prisoners were automatically free upon the signings of the peace agreement, which stipulates that all prisoners arrested in relation with the conflict should be released within 15 days.

Human rights/law

Sex, lies and tape snare Indonesia's corruption tsar

Melbourne Age - February 12, 2010

Tom Allard, Jakarta – The former head of Indonesia's anti- corruption watchdog, Antasari Azhar, has been found guilty of masterminding the murder of a business executive and rival for the affections of a young golf caddy.

At times resembling a lurid soap opera, the saga has been seen by critics as a trumped-up assault on a popular leader of the Corruption Eradication Commission, who had snared some high profile scalps, including bribe-taking prosecutors and police.

But the judges backed prosecutors yesterday, sparing Antasari the death penalty but handing out a prison sentence of 18 years for ordering the killing of Nasrudin Zulkarnaen.

Antasari's high-profile accomplices – media mogul Sigid Haryo Wibisono and former district police chief Wiliardi Wizar – were also found guilty yesterday and jailed for 15 years and 12 years respectively.

Mr Nasrudin was killed after playing a round of golf in March last year, shot by an assassin riding pillion on a motorcycle. He was the head of a pharmaceutical firm and had been supplying Antasari with information on corruption.

Rani Juliani, the 23-year-old golf caddy, was one of Mr Nasrudin's three wives and the court heard of a sexual liaison between her and Antasari that prompted Mr Nasrudin to blackmail the anti-corruption boss.

"[Antasari] is proven legally and convincingly guilty to have participated in and have encouraged a premeditated murder," senior judge Herri Swantoro said.

Antasari remained calm as his jail term was confirmed, quickly saying he would appeal.

Mr Nasrudin's family was angry that Antasari wasn't given the death penalty and received the same sentence as the trigger man on the motorcycle. "This is the justice you get in Indonesia," his brother Andi Syamsuddin said.

Since the case went to court in October, proceedings have been filled with intrigue, twists, salacious sexual details and acrimonious exchanges between defence lawyers and prosecutors, all shown live on television.

Hard evidence of the murder plot was thin on the ground. "There has been no single witness who could really say that Antasari did instruct him to assassinate Nasrudin," said Rudy Satrio, a criminologist from the University of Indonesia.

Both Sigid, the financier of the hit, and Wiliardi, the go- between with the assassins, changed their original testimony to police, when they had fingered Antasari as the orchestrator of the murder.

Instead, the star witnesses told the court they had been ordered to make the allegations by police and Antasari had only told them he was being threatened by Mr Nasrudin. Sigid said he gave Wiliardi 500 million rupiah ($A60,000) as a loan for his children to study in Australia.

A text message from Antasari threatening Nasrudin with "consequences" if a "problem blows up" was cited by prosecutors but never produced.

Secret tape recordings of a hotel encounter between Antasari and Ms Juliani were played but were of poor quality and seemed to reveal only talk about golf membership. Antasari insisted the meeting lasted 15 minutes, was innocent and set up by Nasrudin. Another recording of Antasari and Sigid was practically inaudible.

A ballistics expert said the bullets presented in the trial had not matched the gun police said was used.

But Dr Satrio doubted the real story would ever come out. "I believe the truth of such things will never be uncovered," he said.

Saga of Indonesia's fallen anti-corruption king not over yet

Jakarta Globe - February 11, 2010

Heru Andriyanto & Markus Junianto Sihaloho – A sensational murder case that combined high-wire politics, sex and dark rumblings of conspiracy ended on Thursday in the South Jakarta District Court with verdicts that satisfied no one.

Former antigraft chief Antasari Azhar was found guilty and sentenced to 18 years in prison, frustrating prosecutors who wanted to put their former colleague to death. All sides said they would appeal.

Antasari, who said repeatedly that he had been framed for the murder of businessmen Nasrudin Zulkarnaen, told the court he respected the verdict. Then, raising his voice, he said: "But allow me, Your Honor, to continue my quest for ultimate truth and justice: I will appeal."

Three co-defendants were also found guilty in earlier sessions in separate courtrooms. Wiliardi Wizar, a police officer accused of recruiting the five men who carried out the mafia-style killing on March 14, 2009, was sentenced to 12 years. Media magnate Sigid Haryo Wibisono was sentenced to 15 years as the alleged financier of the conspiracy. Businessman Jerry Hermawan Lo was given five years as a middleman.

Wiliardi and Sigid, who both faced possible death sentences, said they would appeal. Jerry said he was undecided. "For the National Police, the verdict proved that we didn't fabricate anything," said Comr. Gen. Ito Sumardi, chief detective.

Outside the court, Antasari's sister Asmulyawati Azhar became hysterical as she protested the verdict, collapsing and screaming at a policewoman. "No! I don't need help from you! You and your fellow officers are part of this game!"

Family members of the victim, meanwhile, called the judges "soft," and legal experts questioned Antasari's sentence because the five convicted lower-level accomplices received similar terms in an earlier trial. Determined to see Antasari face the firing squad, prosecutors pledged to challenge the verdict.

The defendant "has been proven convincingly guilty of ordering a premeditated murder together with Sigid Haryo Wibisono and Wiliardi Wizar," said presiding Judge Herri Swantoro. "The compelling factors for his sentence are that his crime has caused wives and children to lose their husband and father and that the defendant is a law enforcer."

Andi Syamsudin, younger brother of Nasrudin, said he was deeply disappointed. "Doubtful judges made a soft verdict. They should have decided without any doubts," he said. "If they think Antasari was not guilty, release him. Otherwise punish him as severely as possible. For us, 18 years is nowhere near our expectations."

Prosecutors had argued that the murder came about because of a sexual relationship between Antasari and golf caddie Rani Juliani, who was Nasrudin's third wife. They said Nasrudin tried to blackmail Antasari over an encounter at a hotel room, and murder was the response. Antasari's lawyers maintained that prosecutors proved nothing, saying their case was based on allegations and assertions, not evidence. Antasari said police and prosecutors were trying to persecuting him because of his record of investigating corruption in the highest places.

"Prosecutors do not agree with the verdict. The jail term was not the maximum penalty," said AGO spokesman Didiek Darmanto, adding that his office would study the 179-page verdict in search for avenues of appeal.

Antasari's sentence was the same as that given to Daniel Daen Sabon, who was convicted in a Tangerang court in December of firing the deadly shots at Nasrudin from the back of a motorcycle. That court also sentenced four other men to 17 years in prison for assisting Daniel.

"Antasari should get at least 20 years because he is the convicted mastermind," said Eddy Hiariej, a criminal law expert with Gadjah Mada University. "The verdict leaves no choice for prosecutors but to appeal."

As the news spread, a lawyer for one of the five convicts in Tangerang said the verdict would strengthen his client's hand.

"We are taking into consideration today's verdict in our appeal to be prepared soon," said Minola Sebayang, who represents Fransiskus Tadon Kerans. "Mathematically, it is wrong that the mastermind gets a similar sentence as the accomplice."

The small courthouse was flooded with visitors and journalists throughout the long proceedings. At least five pickpockets were caught stealing cellphones had to be rescued by police from angry reporters.

Review may prove BIN's role in activist's death

Jakarta Post - February 11, 2010

Arghea Desafti Hapsari, Jakarta – A case review on the 2004 murder of rights activist Munir Said Thalib will open up the possibility of charging the National Intelligence Body (BIN) with a systemic crime, an NGO says.

Usman Hamid from the Commission for Missing Persons and Victims of Violence (Kontras), said Wednesday the new investigation into the case could reveal what had not been uncovered in previous trials.

"The review of the case [in the new trials] should be able to show how the intelligence chief was involved. New trials can uncover new things, such as different motives.

"The old trials looked at Munir's death as an individual crime, a personal revenge against Munir. But a new investigation could lead to proving that Munir's murder was a systemic crime," he told The Jakarta Post.

Further investigation, he said, may even prove that Munir was assassinated.

Human rights activist Munir died of arsenic poisoning on board a Garuda Indonesia flight to Amsterdam in September 2004. Former BIN deputy chief Muchdi Purwopranjono was accused of masterminding the murder.

The South Jakarta District Court acquitted Muchdi in late December 2008, while prosecutors filed an appeal to the Supreme Court against the decision.

The Supreme Court rejected the appeal in June 2009, saying the prosecutors failed to convince the panel of justices there had been any mistake in Muchdi's acquittal.

A public examination team was set up in February last year by the National Commission on Human Rights (Komnas HAM) to verify the court verdict that acquitted Muchdi. On Tuesday, the team made public its finding and recommended a new investigation into the case to allow for a case review.

"The legal process, from the beginning to the end, reduced the construction of several facts that would lead to the alleged involvement of certain parties, including the BIN and national flag carrier Garuda Indonesia," the team's report says.

The team also says the investigators, prosecutors and judges in the case had played a role in reducing the facts.

"Should the [new] investigation be taken to court, the court and the Supreme Court should appoint more credible judges who have integrity, are impartial and different from the previous judges," the team says.

A lawyer for Muchdi, Wirawan Adnan, however said that a case review would not have a legal basis. "The truth is, there has been no new evidence found," he said.

Antasari found guilty of murder, sentenced to 18 years jail

Jakarta Globe - February 11, 2010

Former anticorruption agency chief Antasari Azhar has been found guilty of ordering the murder of state firm director Nasrudin Zulkarnaen and was sentenced to 18 years imprisonment.

Head judge Herri Swantoro, along with fellow judges Nugroho Setiadji and Prasetyo Ibnu Asmara, delivered the verdict at South Jakarta District Court on Thursday just after 4 p.m. Antasari told the court that he would appeal the decision.

"I respect the verdict both personally as a good citizen and as a law enforcement agent. However, I will appeal the verdict," Antasari told the court, sparking applause from those watching.

In response, Judge Herri asked the audience to maintain decorum. "To the audience, the defendant has showed very good manners during the hearing, so I hope you all will too," Herri said.

At the Presidential Palace, Attorney General Hendarman Supandji said that his office would also appeal the verdict, because it was lower than the prosecutors' demand for the death sentence.

"For verdicts that are lighter than the prosecutors' demand, we will appeal," Hendarman said. "The judges, prosecutors and defendant have seven days to convey their opinion. The benchmark is, if the discrepancy between the verdict and our demand is too wide, we will appeal."

However, he added that the most important thing was that the four defendants facing the court on Thursday were found guilty. "We only differ in terms of 'strachtmaat', which means that the demand and the sentence are different."

Patrialis Akbar, the minister of justice and human rights, said that he respected the court ruling. "The fear about the death sentences has been answered," he said. "We just have to respect it, and those who are not satisfied can appeal. The government should not intervene in the process."

The scandal-filled murder trial began in October, after the director of PT Putra Rajawali Banjaran, Nasrudin Zulkarnaen, was shot near Modernland Golf Club in Tangerang on March 14, 2009.

Antasari, who was the head of the Corruption Eradication Commission and a member of the Attorney General's Office for more than 20 years, was accused of ordering the murder of the businessman and was named a suspect in May last year.

Prosecutors said in their indictment that Nasrudin was blackmailing Antasari over an alleged sexual encounter with Rani Juliani, Nasrudin's third wife, and that Antasari ordered the murder to cover up the affair.

In his defense, Antasari said there was a political conspiracy to topple him from his position at the antigraft commission. He denied a sexual relationship with Rani, calling their meeting at the Grand Mahakam Hotel a "set-up" by Nasrudin.

Prosecutors had demanded a death sentence for Antasari on January 19.

Labour/migrant workers

1.7 million child laborers in Indonesia, survey says

Jakarta Globe - February 12, 2010

Anita Rachman – At least four million of 58.8 million children across the nation are in employment, and of those at least 1.7 million are considered child laborers, according to a 2009 survey by the Central Statistics Agency and the International Labor Organization.

The study found that of the 4.05 million children employed, 2.02 million, or 50 percent, worked at least 21 hours per week, and 1.01 million, or 25 percent, toiled for 12 hours a week.

Uzair Suhaimi, chief of population statistics at the Central Statistics Agency (BPS), said on Thursday that this was the first comprehensive study of its kind on child labor in Indonesia, and was integrated in the 2009 National Labor Force Survey (Sakernas).

"Compared to figures from countries in the Asia Pacific, these figures are relatively small," he said. "The percentage [6.9 percent of 58.8 million] is small, but because we are a massive nation even that small percentage seems big when we actually study the figures.

"Generally, though, we are better off than most countries," Uzair said during an event on Thursday at a Jakarta hotel to discuss the survey's findings.

He added that the survey figures were gathered from 248 districts across the country's 33 provinces. The children in employment were between the ages of 5 and 17.

"The BPS will hand the results to the related ministries and working group to work on the follow-up policies and actions to tackle this. One of them is the Social Affairs Ministry," Uzair said.

The survey, detailed in the book "Working Children in Indonesia 2009," says the definition of child labor includes working children between the ages of 13 and 14 who work more than 15 hours per week, and children between the ages of 15 and 17 years who work more than 40 hours a week.

Seto Mulyadi, chairman of the National Commission for Child Protection (Komnas Anak), said the figures in the survey were "unreasonable and unacceptable."

"Those numbers should not be seen as a small percentage compare to the total population, but must be looked at as a total of four million. This is the violation of the rights of four million children," Seto said. "Nobody, much less the government, should call this a small number. They should seriously study this and do something to reduce the numbers."

The survey notes that working children – mostly still in school, doing unpaid work for their families or involved in the agricultural sector or service industry – worked an average of 25.7 hours per week. Those categorized as child laborers worked an average of 35.1 hours per week.

Of the 4.05 million working children, some 20.7 percent, or at least 838,000, worked in hazardous conditions as they toiled for more than 40 hours each week.

Arum Ratnawati, chief technical adviser of the ILO's Child Labor Program, said on Thursday that the survey results could be used to "redesign policies," particularly for children still in school but working long hours each week.

"They will of course be prone to dropping out. We need to work with teachers and how teachers should be more sensitive to such special cases," Arum said.

The survey says that while 2.13 million children were found to be studying in school as well as working, at least 1.6 million of them were also performing housekeeping duties on top of school and work.

Bijoy Raychaudhuri, from the ILO, agreed with Uzair on the results of the survey, saying that the numbers were actually reasonable and "not very high."

He did say, however, that it would be difficult to make comparisons with neighboring countries because, in fact, Indonesia was the very first country to conduct such a comprehensive study on child workers.

"There was one, in Cambodia, but it was a 2002 survey, and mind you that the data was collected in 2000 to 2001," Raychauduri said, emphasizing the difficulties in comparing the results with some other countries. He added that Indonesian lawmakers should use this data to push for policies on eliminating child labor.

Domestic workers demand respect

Jakarta Post - February 10, 2010

Sri Wahyuni, Yogyakarta – A hundred activists and domestic workers in Yogyakarta staged a rally Tuesday, protesting a governor decree that allegedly contravened a bylaw on domestic workers.

The protesters marched for a half kilometer from the city hall to the municipal legislature building.

They carried posters condemning the Yogyakarta Governor Decree No. 244/2009, which is considered to have contravened Article 37 on domestic workers of the muncipal bylaw No. 13/2009.

"We are really shocked by the decree. Article 37 of the bylaw on manpower gave us energy to struggle for our rights. Now it's gone again," said protester Sri Murtini, secretary general of the Congress of Yogyakarta Domestic Workers Organizations (KOY).

Besides KOY members, activists of Rumpun Tjoet Njak Dien (RTND), an NGO focusing its activities on struggling for domestic workers' rights, also joined the rally.

They carried an effigy in the image of devil character of the gendruwo ghost to symbolize the harshness of the decree. "The decree has raised a big question not just among us but also among the city councilors and the officials at the municipal Social Affairs, Manpower and Transmigration agency [Dinsosnakertrans]," said Buyung Ridwan Tanjung, coordinator of RTND's advocacy division.

Buyung said the decree was against the spirit of a previous governor circular issued on March 2003, which ordered all the regents and mayor in the province to prepare for a bylaw on domestic workers.

The protest followed a hearing at the city legislature early last week, during which the participants were informed by an official from the provincial administration about the cancellation of the article.

The hearing itself was initially scheduled to have discussed the follow-up programs for Article 37 of the bylaw on manpower, which was approved by the city legislative council in June 2009.

The three-point article, among others, stipulated that a working contract could be made between an employer and his/her domestic worker. It also mandated the Yogyakarta mayor to prepare a separate bylaw on domestic workers.

Although no obligations were mentioned in the article regarding a compulsory working contract, the article was considered to be a big step in which domestic workers, or PRT as they are locally known, have already been officially acknowledged as formal workers.

"As far as we know, it was the first regional bylaw in the country that ever mentioned and thus acknowledged the status of domestic helpers as workers," Buyung said.

Unfortunately, Buyung added, the article lasted only for about six months as Yogyakarta Governor Sri Sultan Hamengkubuwono X issued the decree on Dec. 14, 2009, stating that PRTs were part of the informal sector and therefore should not be included in the bylaw on manpower.

"This is adversary but not destructive to the hopes and dreams of all PRTs in the region to have legal protection from the bylaw," he said.

"It has also shortchanged the political rights of the municipal councilors and the manpower office executives that approved the bylaw on June 9, 2009."

Buyung said both RTND activists and KOY members wanted to show their full support for the city legislators and executives in conducting a judicial review of the decree and maintaining the 2009 bylaw on manpower.

"We reject the governor decree and strongly demand it be cancelled immediately," Buyung said. His words were greeted with yells by the rest of the protesters. They failed to meet a councilor that day.

Indonesia, Malaysia close to deal on worker protection

Jakarta Post - February 8, 2010

Lilian Budianto, Jakarta – Malaysia and Indonesia are close to signing a comprehensive agreement on migrant workers that will better protect Indonesian migrant workers in Malaysia from abuse by employers.

Both governments have settled all differences except for the issue of minimum salary for the more than 2 million Indonesian migrant workers in Malaysia, Indonesian Ambassador to Malaysia Da'i Bachtiar said.

He said the Malaysian government had agreed to give Indonesian migrant workers one day off in a week, allow them to hold their passports for the duration of their contract and cover the workers' transportation costs as well as periodic salary increases.

"We have reached a deal in all those measures, except for the minimum salary. We expect negotiations will be concluded at the end of February, and that the ban on sending workers will be revoked before March," he said on Saturday.

Indonesia has imposed a ban on sending migrant workers to Malaysia since last June after a string of abuse cases that sparked public protests. The Indonesian government said it would not lift the ban unless Kuala Lumpur agreed to a number of measures it proposed to protect migrant workers.

Under the current deal, Malaysian employers have the right to hold employees' passports while the workers are given identity cards issued by Malaysian authorities. A number of Malaysian employers and the police have allegedly abused the system. Many reports have shown that without a passport, migrant workers cannot run away from employers if they were abused, while police officers forced them to pay bribes if they knew the workers didn't have passports.

The story of Indonesian worker Siti Hajar illustrates the plight of Indonesian migrant workers. With red blisters and scabs on her face and upper body, Siti Hajar fled her employer's house in June.

Hajar told the media her female employer hit her and poured boiling water over her and repeatedly beat her with a cane over a 34-month period.

Last year, in a high-profile case that began in 2004, a Malaysian court sentenced a housewife to 18 years in prison for three attacks on her Indonesian domestic worker, Nirmala Bonat, using an iron and boiling water.

Most Indonesian migrant workers in Malaysia work as domestic helpers and plantation laborers. They sent home US$8.2 billion in 2008 according to the government, making remittances one of the country's top foreign-exchange earners.

The Malaysian government said it expected Indonesia to lift the ban because it had a significant impact on labor-intensive industries.

Addressing the minimum salary, Da'i said the average salary of Indonesian migrants in Malaysia was RM 500 ($130) while Jakarta proposed it be increased by 300 ringgit.

Migrant worker issues continue to strain bilateral relations between Indonesia and Malaysia, in addition to border disputes and heritage claims.

Manpower and Transmigration Minister Muhaimin Iskandar also called on regional administrations, the police and the immigration office to coordinate to prevent job seekers from going overseas illegally.

Foreign Ministry spokesman Teuku Faizasyah said the ministry would continue to send home illegal migrants, not only from Malaysia but also worldwide.

Environment/natural disasters

New evidence may reopen Lapindo mud case

Jakarta Globe - February 12, 2010

Amir Tejo & Fidelis E Satriastanti – In response to new report by British geologist Richard Davies that said the Sidoarjo mudflow was caused by human error, East Java Police on Friday said reopening the case was a possibility.

On Thursday, a group led by experts from Britain's Durham University released new evidence in a paper published by the Marine and Petroleum Geology journal pointing out that the catastrophe was caused by an operating procedural error.

However, drilling firm PT Lapindo Brantas, a part of Golkar Party head Aburizal Bakrie's business empire, maintains in the same journal that the Lusi mud volcano was unleashed by an earthquake at Yogyakarta, 280 kilometers away and two days earlier.

The mud from Lusi has been devouring land and homes in Sidoarjo district since May 2006, imperilling as many as 100,000 people through subsidence and inflicting $4.9 billion worth of damages, according to an estimate by an Australian expert.

"As long as someone files new evidence then there is possibility of re-opening the case," said Pudji Astuti, spokeswoman for the East Java Police. "However, the police still can't ask Davies to Indonesia to elaborate on his findings because our investigations is over."

But she added that if there was a new report with new evidence than the police had an obligation to check on the report even though there was no new case.

On August 2009, the East Java Police stopped the probe due to lack of witnesses to confirm a correlation between the mudflow and drilling activities at the company's Banjar Pandji I well.

Nurkholis, a member of the National Commission on Human Rights (Komnas HAM), said knowledge knows no boundaries so it would be valid to use Davies' research to prove the case.

"The debate surrounding this case was the back and forth arguments about whether it was caused by human error or natural disaster," Nurkholis said. "The findings from Davies' research are facts to strengthen the case for human error. As long as there is new evidence then the case can be reopened."

Taufik Basari, a lawyer for the mudflow victims, said the key was how far the police were willing to go to uphold the law.

"This evidence is being spread out in front of their face, they just need to include it as additional proof, but until this day they are not being active in carrying out their duties," said Taufik, adding that the mudflow case should be made part of the drive to clean up the judicial mafia.

Furthermore, he said foreign research could be included as evidence because it was based on scientific methodology and the writers had a proficient background in the field.

"It is just illogical to stop the investigation because of a so- called lack of proof – find the daily reports [from the drilling activities], get an expert to interpret them. You don't need to dig out the mud to collect the visible evidence," he said, adding that it would be very difficult reopen the case if the law enforcement system was not reformed.

Meanwhile, Yuniwati Teryana, Lapindo's vice president for public relations, said the court had already reached a final decision in 2008 after a very long process involving expert witnesses with their own opinions.

"The court decided that the mudflow was caused by a natural phenomenon and not an industrial mistake, the drilling was conducted according to procedures," said Yuniwati, citing the Supreme Court's decision in 2009.

"If there are other sides with different opinions, we cannot forbid them as long as they are supported by facts that can be accounted for," she said.

Davies, who has been studying the Sidoarjo mud volcanoes since it erupted in 2006, said he was 99 percent confident that the drilling was the cause.

Lapindo disaster caused by human error: Study

Jakarta Globe - February 12, 2010

Paris – Drilling firm PT Lapindo Brantas, owned by Golkar Party chairman Aburizal Bakrie, was to blame for unleashing a mud volcano in East Java that claimed 14 lives and displaced tens of thousands of people, a major international study has concluded.

In a paper published by the journal Marine and Petroleum Geology, a group led by experts from Britain's Durham University, said the new clues bolstered suspicions the catastrophe was caused by human error.

Lapindo Brantas maintained in the same journal that the "Lusi" mud volcano was unleashed by an earthquake at Yogyakarta, 280 kilometers away.

Lusi's mud has been devouring land and homes in Sidoarjo district since May 2006, imperilling as many as 100,000 people through subsidence and inflicting damage at $4.9 billion, according to an estimate by an Australian expert.

Durham professor Richard Davies said drillers, looking for gas nearby, had made a series of mistakes.

They had overestimated the pressure the well could tolerate, and had not placed protective casing around a section of open well.

Then, after failing to find any gas, they hauled the drill out while the hole was extremely unstable. By withdrawing the drill, they exposed the well hole to a "kick" from pressurised water and gas from surrounding rock formations. The result was a volcano- like inflow that the drillers tried in vain to stop, he said.

"We found that one of the on-site daily drilling reports states that Lapindo Brantas pumped heavy drilling mud into the well to try to stop the mud volcano," Davies said in a press release.

By pumping in this heavy mud, the drillers had hoped to create sufficient pressure in the column of the well hole to block the fluid pouring in from the rupture, Davies said.

"This was partially successful, and the eruption of the mud volcano slowed down. The fact that the eruption slowed provides the first conclusive evidence that the bore hole was connected to the volcano at the time of eruption."

He added: "This is the clearest evidence uncovered so far that the Lusi mud volcano was triggered by drilling. We have detailed data, collected over two years, that show the events that led to the creation of the Lusi volcano."

A co-author of the discussion paper, Michael Manga, a professor at the University of California at Berkeley, added the Yogyakarta quake was too small and distant to have caused Lusi. "The stresses produced by the earthquake were minute," he said.

Arguments over the causes of Lusi have become a political issue in Indonesia. The House of Representatives in September 2009 said they had found no evidence of negligence on the part of Lapindo and declared that the mudflow was caused by a natural disaster.

In 2008, scientists from around the world at the conference of the American Association of Petroleum Geologists in Cape Town, including Davies, voted that the disaster was triggered by drilling activity. (JG, AFP)

No urgency to build nuclear power plants in RI: Activists

Jakarta Post - February 12, 2010

Adianto P. Simamora, Jakarta – Civil society groups insist that there were no urgent reasons to develop nuclear power plants in Indonesia, citing the country's large sources of alternative energy from coal, geothermal heat, water and wind.

They said the notorious energy shortage was due to the government's poor management in dealing with energy resources since most of its coal and gas was exported.

"It is too risky for the country to develop nuclear power plants because Indonesia doesn't have the technology, like how to treat hazardous waste," Dian Abraham, director of the Anti-Nuclear Society (Manusia), said Thursday.

He warned that untreated waste could easily be converted into powerful bomb-making material.

Greenpeace Indonesia, the Indonesian Forum for the Environment (Walhi), Civil Society Forum (CSF) on climate change and Balong Society (PMB) are among the groups calling on the government to delay plans to develop nuclear power plants.

Dian also questioned the government's motives in running huge campaigns highlighting the need of nuclear power plants in Indonesia.

"Why is the government running these campaigns, and not private companies who are interested in developing such projects," he said. "It makes no sense." The National Atomic Energy Agency (Batan), the Nuclear Energy Regulatory Agency (Bapiten) and the Research and Technology Ministry are among the agencies promoting nuclear power plants.

Dian said the agencies were regulatory institutions, not developers.

Batan chairman Hudi Hastowo said Wednesday that Indonesia could develop nuclear power plants following approval by the International Atomic Energy Agency.

Nuclear expert Iwan Kurniawan predicted that the country needed at least US$4 million to develop a nuclear power plant with a 1,000-megawatt capacity.

"There are almost no positive benefits from nuclear power plants considering the huge investment and risks," he said. He said the government's claim of investing $2,700 per kilowatt was unrealistic as the lowest price was $3,600 per kilowatt.

Bangka Belitung, West Kalimantan, Banten and Gorontalo provinces have expressed their intention to host a nuclear power plant.

Greenpeace Southeast Asia energy and climate campaigner Arif Fiyanto said the government should focus on alternative energy to meet energy demands.

Government admits failure in supervising mining firms

Jakarta Post - February 10, 201

Adianto P. Simamora, Jakarta – The weak supervision of coal mining firms operating in Kalimantan has caused widespread environmental damage, say officials.

The Environment Ministry said Tueday the weak monitoring by authorities had not effectively resolved long-standing problems and had put the environment in a critical condition.

"The main problem is weak supervision from the government, including from the Environment Ministry," Illyas Asaad, deputy for environmental compliance at the ministry told reporters.

He had attended a working meeting Tuesday with the House of Representative's Commission VII on environmental affairs.

"There are too many environmental problems in Kalimantan now. It is not effective if we only enforce the law on a number of com- panies. We need to build an integrated system to resolve the problems."

Environment Minister Gusti Muhammad Hatta made unscheduled inspections at a number of coal mining companies in the South Kalimantan on Sunday.

Gusti, who is originally from Kalimantan, admitted that small- scale coal mining companies had failed to comply with obligations to protect the environment as stated in the documents related to the environmental management scheme (UKL) and the environmental monitoring scheme (UPL).

"The documents require companies to manage their environment, but during my visit, I found that small-scale coal mining companies did not have effective waste management policies," he said.

He said that his office would conduct an environmental audit to determine the sanctions to be imposed on the companies. "But as there are no human fatalities in the case, we will prioritize administrative sanctions, of which the companies must set up fond or restore former mining lands," he said.

Gusti's office previously sent a team to investigate environmental damage by coal mining activities in Kalimantan. A team from the Forestry Ministry is currently in the province to check possible violations by small-scale and big coal mining firms operating in forest areas.

Forestry Minister Zulkifli Hasan insisted that his office had never issued licenses to rent conservation forests, including in Kali-mantan, to be used for coal mining activities. "So all mining companies operating in the forest land without proper licenses are operating illegally," he said.

Data from the Indonesian Forum for the Environment (Walhi) shows that currently 1,180 small-scale mining companies were operating in the East Kalimantan province with 33 big coal mining firms.

In South Kalimantan, there are more than 400 small-scale coal mining firms and about 427 small coal mining firms in Southeast Kalimantan.

Women & gender

Future discriminative bylaws 'copy' old ones

Jakarta Post - February 8, 2010

The upcoming bylaws that discriminate against women and limit their freedom are mostly copies of existing bylaws of similar nature, Masruchah, from the National Commission on Violence against Women (Komnas) said Saturday.

"Most of the bylaws are phrased differently, but they all have the same nature as the ones applied in other areas," she said.

Currently there are 154 bylaws that are seen as discriminative towards women. These bylaws, such as those applied in Aceh and Tangerang, Banten and West Nusa Tenggara, contain rules that center around morality, clothing and religion.

Some of these bylaws, implemented in seven provinces and 16 regencies, prohibit women from leaving the house after 9 p.m. without being accompanied by her muhrim (lawful spouse or male relative), some implore Muslim women who work as civil servants to wear jilbab (headcovers).

Last month, Komnas discovered that at least 15 new bylaw drafts containing discriminative articles were being deliberated. Masruchah said that the 15 drafts contain roughly the same articles as its forerunners.

"The new bylaws in Yogyakarta and Jombang [East Java] copy the bylaw applied in Tangerang, and the drafts in West Java regions copy the already applied bylaws, which prohibits women from leaving the house at night or advising them to wear jilbab," she said.

She added that those bylaws violated the 1999 Human Rights Law and the 1984 law that ratified the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw).

Rita Serena Kolibonso from Mitra Perempuan, a women's crisis center, said that such bylaws increased the chances of violent and unfair conduct toward women.

"A woman could be arrested for walking alone at night, for example, and she would be vulnerable to violation by officers," she said. Rita said that although a person suffering from discriminative bylaws could fight her way by going to court and using the human rights law, such efforts were hard and costly.

Masruchah said that the move to revoke or revise the discriminative bylaws was the job of President Susilo Bambang Yudhoyono, and not the Home Ministry, because the ministry had claimed it only dealt with bylaws about regional taxes or levies.

"However, we will continue to push the ministry to revise or revoke those bylaws." (JP/dis)

Health & education

Hospital accused of taking dead newborn 'hostage' over bill

Jakarta Globe - February 10, 2010

An East Java hospital has been accused of denying a family the right to take home and bury the body of their deceased newborn baby because the infant's parents could not meet their medical expenses.

Nurul Istiqoma gave birth to a baby at Waluyo Jati Kraksaan Hospital, in Probolinggo, East Java on Saturday. Prematurely born, the baby had to undergo surgery because it was suffering from atresia oesophagus, which is a congenital medical condition where the oesophagus does not connect normally to the stomach. The baby's condition continued to deteriorate after the surgery and it died on Tuesday morning.

However, Nurul and her husband, Abdul Karim, told RCTI that they were not allowed to take their baby's body home for a funeral. "The hospital kept our baby because we couldn't pay the bill," Abdul said.

The bill was Rp 1.95 million ($208) but Karim only had Rp 950,000. He promised the hospital that he would pay the rest of the bill later, but staff refused his request. He went home to try and obtain loans, but to no avail.

On Tuesday afternoon, around eight hours after the baby died, Karim and Nurul said they could finally could take the body home by paying Rp 950,000 and leaving Karim's driver's license at the hospital.

The hospital's director, Sulis Astutik, denied that the hospital kept the baby for administrative reasons. She said hospital staff could not contact the baby's parents because they were not at the hospital when the baby was pronounced dead.

"We didn't take the baby hostage because they couldn't pay the bill, but we waited for the family to take the baby home," Sulis said.

Cases of mothers and babies being stopped from leaving hospitals because they could not meet their medical expenses are not uncommon in Indonesia.

Indonesian Corruption Watch found in January this year that some hospitals were still discriminating against poor families who were entitled to free medical treatment.

Ratna Kusumaningsih, the watchdog group's public health researcher, said at the time that the findings were part of a recently concluded 2009 survey at five private and 18 state-owned hospitals in Greater Jakarta carried out by the group.

"Among the findings, we discovered that some hospitals still charge patients or ask for a down payment even though they are Jamkesmas [state health insurance] card holders," Ratna said.

Indonesia's low-income health plan needs band-aid: Lawmaker

Jakarta Globe - February 9, 2010

Nivell Rayda – Strict implementation of the 2004 National Social Security System Law is needed to prevent millions of Indonesians from slipping through the cracks in the health insurance system, a lawmaker said on Thursday.

Indonesian Democratic Party of Struggle (PDI-P) legislator Rieke Diah Pitaloka said in a discussion hosted by Indonesia Corruption Watch that the House of Representatives health commission was pushing the government to implement the law. More and more low- income people are finding themselves inadequately covered or subject to inappropriate fees within the public health insurance system, commonly known as Jamkesmas.

"By implementing this law, there shall be no more discrimination against the poor because every citizen in the country would be protected," Rieke said.

The law combines into a single entity existing state-run insurance schemes such as Asabri, the military insurance and pension fund; social security fund Jamsostek; and national health insurer Askes.

"Existing state-owned insurance firms are profit-oriented, with limited target members. The new system would ensure equality for all citizens, including the poor," Rieke said.

Indonesia Corruption Watch researcher Ratna Kusumaningsih said the lack of transparency over claim procedures had led to widespread corruption within the system. The antigraft watchdog said that as much as 78.3 percent of the Jamkesmas members surveyed last year were still being charged by public and private hospitals, even though the program entitles them to free health care.

"Hospitals must be more transparent and accountable in treating their patients and complying with minimum service standards. The [Health Ministry] must immediately create a body to supervise and monitor the conduct of hospitals, as stipulated in the law," Ratna said.

Aswanah, a 50-year-old mother of three, said at the ICW discussion that she still had to pay a portion of her medical bills despite being covered by Jamkesmas.

"I had an accident at work and injured my eyes. I was taken to a public hospital in Tangerang and the doctors told me that I needed surgery," she said. "I was shocked when the hospital said that Jamkesmas only covered half of my Rp 20 million [$2,140] bill. When I got my Jamkesmas card, I was told that all my medical expenses would be covered by the government."

But inappropriate fees are just part of the problem. Abdul Cholik Masulili, a Health Ministry expert, said low-income people often can't join Jamkesmas. Meanwhile, those who shouldn't qualify often do.

"There are poor patients who are not listed as eligible for Jamkesmas. In contrast, there are those who receive memberships but actually can afford their medical bills," Masulili said.

The official said the ministry had estimated that only 70 percent of 71.8 million members of Jamkesmas can be considered as poor, while there are five million underprivileged people still not covered by the scheme. "The problem is getting credible and up-to-date data," he said.

Indonesia struggles to care for mentally ill

Deutsche Presse Agentur - February 10, 2010

Ahmad Pathoni – Siti Maemunah says her son has been delusional for more than seven years, often talking to himself and sometimes becoming angry for no apparent reason.

But instead of taking him to a psychiatric hospital, she consulted a traditional healer, or dukun in Indonesian, who advised her that the 36-year-old Agus was a victim of black magic. "I don't know if people with illness like his can be cured. I just hope that he doesn't attack people and destroy things," she said.

Maemunah, 57, is not alone in her ignorance of mental health problems. Belief in black magic is widespread in Indonesia, and people often take family members who are mentally ill to those who are believed to be able heal patients through magical powers, experts said.

In many cases mentally ill people are restrained for years in shackles, or stocks, in a practice known locally as pasung.

Basic mental health services are not available in many parts of the world's fourth most populous nation, leaving many mentally ill people without access to treatment, experts and officials said.

"In a country of 230 million people, there are no more than 700 psychiatrists, half of them working on Java island, including about 200 in Jakarta," said Prijanto Djatmiko, head of the Jakarta branch of the Indonesian Psychiatric Association.

According to a 2007 Health Ministry survey, 4.6 per cent of Indonesians suffered serious mental disorders, including schizophrenia.

The plight of mentally ill in Indonesia came into the spotlight in 2003 when the US news magazine Time published photographs showing patients in a mental institution being chained and held in terrible conditions.

A restructuring plan at the Health Ministry that may see the disbanding of a directorate in charge of mental health has sparked fears that mental health care is being further sidelined.

"If that happens, we expect cases of mental problems such as depression and suicide will increase because we don't have a system to address these," said Pandu Setiawan, chairman of the Mental Health Communication Network, a non-governmental organization.

Health Minister Endang Rahayu Sedyaningsih insisted that the ministry was not putting mental health care on the back burner.

"We are in the process of restructuring but we have not made a decision on what to do with the directorate," she told parliament last month. "We are open to suggestions."

She said there was a plan to set up a centre within the ministry to deal with mental health and substance abuse.

Sedyaningsih said community health clinics, known as puskesmas, and public hospitals were ill-equipped to handle patients with mental health problems. "Very few puskesmas have psychologists or psychiatrists. Even in hospitals, psychiatrists only work in provincial capitals," Sedyaningsih said.

She said a total of 48 psychiatric hospitals in a far-flung archipelago comprising 33 provinces was simply not enough. "In some communities, mentally ill people are confined and restrained," she said.

According to the World Health Organisation's Mental Health Atlas published in 2005, Indonesia's ratio of psychiatric beds per 10,000 people was 0.4 while the number of psychiatrists per 100,000 people was 0.21.

A paper last year by the Advocacy and Human Rights Working Group of the National Taskforce for Mental Health System Development in Indonesia said hospitals and clinics did not prioritize mental health care, and the skills of clinicians were inadequate to detect illness and treat patients.

It also said the quality of mental health services in hospitals was generally poor and human rights protection for patients was weak. "Custodial treatments dominate in psychiatric hospitals. Involuntary treatment is common, even though there is no legal basis for involuntary admission," the paper said.

But at the state-run Soeharto Heerdjan psychiatric hospital in Jakarta, there are no such images. Patients can be seen sitting in the hallway, chatting with each other; the wards are clean and the lawns well-manicured.

Muhammad Reza Syah, the hospital's head of medical services, said the quality of health care had improved markedly over the past few years and patients were being treated humanely.

"This hospital used to be known as a place for crazy people. But there's been a lot of progress in therapy techniques," he said. "With the shift in paradigm, we try to make sure patients don't stay here too long. As a result, more people are served as outpatients," he said.

Of the hospital's 300 beds, only 200 were occupied, Reza Syah said.

But despite the needs, mental health programmes still do not receive the budgets they need. With only 1 per cent of the total health budget going to mental health, the sector is to receive about 22 million dollars this year.

Djatmiko of the Jakarta Psychiatric Association acknowledged that the government was not treating mental health as a priority.

"Research is scarce because of the lack of political will," he said. "It's partly because the government is preoccupied with other health issues such as malnutrition, TB, HIV/AIDS and other communicable diseases."

Bank Century inquiry

Red faces for Bank Century bailout fact-finders

Jakarta Globe - February 13, 2010

Febriamy Hutapea, Ardian Wibisono, Amir Tejo & Made Arya Kencana – Despite their own great expectations, four groups of legislators probing the Bank Century scandal dispatched to the provinces on Friday to gather first-hand information about wrongdoing in the costly bailout have so far only reported errors and dead ends.

The most embarrassed of the members of the House of Representatives special committee was Akbar Faizal, an opposition People's Conscience Party (Hanura) lawmaker, who was accused of "maligning" the Democratic Party after stating that a suspicious donation of Rp 1.45 billion ($155,000) had been made to President Susilo Bambang Yudhoyono's presidential campaign fund.

Akbar had alleged that the donation was from the account of Amiruddin Rustan, a Makassar businessman and Bank Century depositor who received bailout funds.

On Friday, however, Akbar recanted. "May I correct my earlier statement regarding donations to one of the tickets in the presidential race last year," he told state news agency Antara. "What I meant was Asuransi Jaya Proteksi, not Amiruddin Rustan. I made a mistake."

Akbar made his claims based on records from the Financial Transaction Reports and Analysis Center (PPATK), which said Rp 66 billion had flowed to a Bank Century account under the name of Amiruddin. On the General Elections Commission's (KPU) campaign contributions list, PT Rustan Consulting is listed as donating Rp 500 million to Yudhoyono.

AJP is also listed as a Bank Century depositor that made donations totaling Rp 4.65 billion to the campaign.

On Friday, Amiruddin told the lawmakers who visited him, including Akbar, that their claims were false, and all of the Rp 66 billion had been his own. He said that because of the allegations he could not withdraw Rp 8 billion from his account.

Amiruddin and the Makassar delegation were not the only ones having a bad day. The five-strong delegation that traveled to Bali said they were unable to check 50 accounts labeled as suspicious by the PPATK at the Denpasar branch of Bank Century, now renamed Bank Mutiara.

Gayus Lumbuun of the Indonesian Democratic Party of Struggle (PDI-P) blamed the bank for being uncooperative. "We were cut off. We lost the money trail because the Mutiara branch in Denpasar was uncooperative," he said.

But Tan Siau Lan Ani, head of the branch, said it could not provide information on depositors because that would breach banking regulations. Gayus said he planned legal action to force the bank's directors to disclose the account data.

Meanwhile, lawmakers visiting Surabaya claimed some success, saying they had learned that Budi Sampoerna, the bank's single largest depositor, had split his Rp 950 billion deposit into hundreds of accounts each worth Rp 2 billion as a strategy to ensure his money would be covered by government guarantee. But this had already been revealed by the inquiry committee.

The team said the bank relied heavily on Budi, who kept about Rp 950 billion of deposits in Bank Century, which currently has assets of only Rp 1 trillion.

The fourth traveling team went to Medan to visit the Bank Mutiara branch there, but reported no significant findings.

A final team in Jakarta, led by committee chairman Idrus Marham, tried to reconstruct the Financial Stability System Committee (KSSK) meeting in November 2008 during which the Bank Century bailout was approved.

Opposition hints at paper trail to Democrats, SBY

Jakarta Globe - February 12, 2010

Febriamy Hutapea – In an increasingly hostile political environment, a number of lawmakers on the House of Representatives special committee investigating the Bank Century bailout are implying that bailout money illegally ended up in Democratic Party coffers last year.

However, Democratic leaders dismiss the charge as untrue and the Financial Transaction Reports and Analysis Center said it cannot be proved.

Some opposition members on the committee have said they expect the Supreme Audit Agency (BPK) to help prove their allegations involving 10 depositors who allegedly received Rp 1.87 trillion ($200 million) during the rescue of the lender.

"We hope that the documents given by the audit agency can assist us in tracing suspicious transactions," said committee member Hendrawan Supratikno, a member of the Indonesian Democratic Party of Struggle (PDI-P).

After gaining approval from the South Jakarta District Court, the committee on Thursday officially copied 129 confidential BPK documents that the agency used in its final audit of the Rp 6.7 trillion bailout.

House Speaker Marzuki Alie, the secretary general of last year's campaign team of President Susilo Bambang Yudhoyono and Vice President Boediono, dismissed the allegations, saying all donations had been screened by the General Elections Commission (KPU).

"Anyone who donated to us was accountable and has been audited, even if the donor was a depositor at Bank Century," Marzuki said.

Now split along party lines, the investigation is entering deeply sensitive political territory as the stakes rise for all parties. But it will apparently be difficult to prove any of the allegations made, and relations between Yudhoyono's Democratic Party and its supposed allies in the ruling coalition have come close to a breaking point.

The Golkar Party, which chairs the special committee, has openly called for the dismissal of reformist Finance Minister Sri Mulyani Indrawati, which so far the president seems to have rejected.

The bare-knuckles politics of the investigation – which is not a legal proceeding – has been widely accused of holding the truth at ransom in favor of back-door deal-making at the highest political levels.

Hendrawan, however, tried to paint a picture of a fact-based probe. He said the 10 depositors in question were expected to appear in the BPK documents.

"We will compare this with the data received from the PPATK," he said, referring to the Financial Transaction Reports and Analysis Center.

Hendrawan said the National Police had earlier said there were 11 suspicious transactions totaling Rp 1.87 trillion. "We want to examine whether the profiles of the depositors in the data from the BPK and police are similar because the total amount is similar," he said.

Akbar Faizal, a member of the opposition People's Conscience Party (Hanura), said the special committee was investigating other allegedly suspicious donations to political candidates last year.

Akbar said insurance company PT Asuransi Jaya Proteksi, previously identified as a Bank Century depositor, was listed as having donated a total of Rp 4.65 billion to Yudhoyono and Boediono in June.

Another account belonged to Amiruddin Rustan, a Makassar-based businessman, according to the PPATK. In one transaction, Rp 66 billion flowed into a Bank Century account under his name between Nov. 6, 2008, and Aug. 10. On the campaign contributions list, a PT Rustan Consulting is named as having donated Rp 500 million to the Yudhoyono-Boediono team on July 7.

PPATK head Yunus Husein confirmed to the Jakarta Globe on Thursday that PT AJP and Amiruddin Rustan, as Bank Century depositors, received part of the bailout funds.

There is no evidence, however, to prove that the otherwise legal donations to Yudhoyono's campaign were linked to the bailout funds.

Yunus said he did not know anything about these campaign contributions. "People can make donations. According to regulations, a person can donate up to Rp 1 billion. If it is a firm, then it can give up to Rp 5 billion."

Parties jockey for position as Bank Century probe heats up

Jakarta Globe - February 11, 2010

The increasingly bitter political battle over the House of Representatives special committee investigation into the Bank Century bailout grew more heated on Wednesday as Golkar Party Chairman Aburizal Bakrie directed fiery comments at President Susilo Bambang Yudhoyono's Democratic Party after a presidential spokesman suggested that Finance Minister Sri Mulyani Indrawati was a candidate for the top job at the central bank.

That comment set off a flurry of speculation that a deal had been reached between Golkar and the Democrats to move Sri Mulyani sideways in a bid to keep her in the government and save her from the wrath of committee members seeking to have her fired.

Aburizal lashed out, saying that he "never threatens others, so don't ever try to threaten me" – an apparent reference to calls from the Democrats to reshuffle the cabinet if members of the ruling coalition, which in theory still includes Golkar, didn't get in line with the position that the bailout was legal.

Sri Mulyani herself has claimed that Golkar engineered the Bank Century probe specifically to target her because she has allegedly angered Aburizal with a number of reform policies, including vigorous pursuit of some Bakrie group companies for back taxes. On Monday, Yudhoyono told police to aggressively pursue tax evaders, a comment analysts believe was aimed at Aburizal.

In a sign that the committee proceedings, which have entered a phase of looking at the money trail after the bailout, could get very ugly, some lawmakers are saying they now feel that the campaign finances of the Democrats are fair game.

One political insider said the political game had become "open war" between the president and Aburizal with no clear end game in sight.

Burhanuddin Muhtadi, a senior researcher with the Indonesia Survey Institute (LSI), said negotiations over the outcome of the special committee's recommendations were now deadlocked over the fate of both Vice President Boediono and Sri Mulyani, arguably the nation's most respect technocrats.

"The heated negotiations have happened because neither side wants to compromise their political targets," Burhanuddin said.

Seven of the nine political parties on the committee last Monday revealed a temporary conclusion that the Rp 6.7 trillion bailout was illegal. Several analysts and politicians have since said that the final conclusion, expected by Monday, could still change based on the events of this week.

Four of the parties – Golkar, the Prosperous Justice Party (PKS), the National Mandate Party (PAN) and the United Development Party (PPP) – are members of the president's coalition. "It's really difficult to change the temporary conclusion of coalition parties," Burhanuddin said.

Yunarto Wijaya, a political analyst from Charta Politika, agreed but added that while it was still possible to alter the initial conclusion on the legality or otherwise of the bailout, there remained the possibility that negotiations between the Democrats and members of the governing coalition could bring about a last- minute resolution.

"Everything is subject to negotiation," Yunarto said. "The Democrats still have sufficient time to approach all members of the ruling coalition."

Here the role of the PKS could be a major factor, though the faction leaders in the House appear to have dug in their heels and concluded that there were indications of corruption involved in the decision to bail out the ailing bank. Analysis

Final conclusion on Century will be softer, say analysts

Jakarta Post - February 11, 2010

Adianto P. Simamora, Jakarta – The final conclusions of the ongoing investigation into the Bank Century case by the House of Representatives' inquiry committee will be softer than the preliminary findings announced by lawmakers on Monday, say analysts.

They also predicted the investigation into the bailout would not break President Yudhoyono's Democratic Party coalition.

"The Bank Century saga will end with 'under-the-table' political negotiations, with the victims very likely to be only low-ranking officials," Cornelis Lay of Gadjah Mada University said in Jakarta, on Wednesday.

Seven of the nine parties in the Century committee concluded Monday the government's decision to bail out the ailing bank for Rp 6.76 trillion (US$716 million) was flawed and smacked of corruption.

The preliminary conclusions on the bailout will likely hurt the coalition government of President Susilo Bambang Yudhoyono.

The seven parties are Golkar, the Indonesian Democratic Party of Struggle (PDI-P), the Prosperous Justice Party (PKS), the National Mandate Party (PAN), the United Development Party (PPP), the Greater Indonesia Movement Party (Gerindra) and the People's Conscience Party (Hanura).

Cornelis said the political negotiations outside the inquiry committee had been started on the ground. "The recent statement from President Yudhoyono ordering police to investigate tax evaders is clearly aimed at Aburizal Bakrie," he said.

Aburizal is chairman of Golkar, the second-biggest faction at the House of Representative after Yudhoyono's Democratic Party. Golkar was one of the parties pushing for an inquiry committee to investigate the bailout.

The Finance Ministry's tax agency has reportedly been investigating ten large companies that have allegedly defaulted on their taxes.

Aburizal insisted on Wednesday the tax problems he is now facing had nothing to do with the Century probe, saying Golkar would not soften its approach to the investigation of the bailout.

However, Cornelis believed Golkar would soften its final conclusions on the bailout. "Golkar is predestined to be part of the government. I don't believe that Golkar will continue with its oppositional stance on Bank Century," he said.

Parties in coalition with Yudhoyono's Democratic Party are Golkar, the PKS, the PAN, the PPP and the National Awakening Party (PKB). Only the National Awakening Party (PKB) agreed with the Democratic Party that there was nothing wrong with the bailout.

The PKS has also said that it would not bow to the coalition deal in determining who was guilty in the Bank Century case.

The executive director of Demos, Antonio Pradjasto, said that it would be a lie to say the inquiry would not have any impact on the coalition.

"The coalition is not formed with a clear platform; it is based on short-term political interests to get power. So, parties are lying if they say the investigation of Bank Century would not effect the coalition," he said.

"The parties in the coalition will use it to leverage their bargaining positions, which in the end, will only benefit the parties themselves and not the public."

Bakrie denies rumors of fresh political deals over Bank Century

Jakarta Globe - February 10, 2010

Golkar Chairman Aburizal Bakrie said on Wednesday that he did not have any new political deals with President Susilo Bambang Yudhoyono and denied rumors that his condemnation of the Bank Century bailout was motivated by his desire to see the vice president and finance minister lose their positions.

Rumors had been circulating at the House of Representatives this week that Bakrie had publicly slammed the Bank Century bailout as part of a political deal to obtain the vice presidential seat and topple his rival Finance Minister Sri Mulyani Indrawati. There were also rumors that Yudhoyono was planning to replace Sri Mulyani in early February.

"There was only one deal with SBY, it was when Golkar signed the political contract. The deal was that we would work together for people's prosperity. No more deals after that," Bakrie told Metro TV.

Bakrie also said that his meeting on Wednesday with Golkar ministers was not a threat to the Democratic Party. "It's not in my nature to threaten people, but don't anybody dare threaten me," he said.

On Monday, Yudhoyono ordered the National Police to hunt down anyone suspected of tax evasion – a move that was seen as warning to the Bakrie Group patriarch whose Golkar Party is aggressively pushing the House of Representatives inquiry into Bank Century and claiming that the Rp 6.7 trillion ($710 million) bailout of the ailing lender was illegal.

Bakrie said that the meeting with the Golkar faction and three ministers from the party, namely Maritime Affairs and Fisheries Minister Fadel Muhammad, Industry Minister MS Hidayat and Coordinating Minister for People's Welfare Agung Laksono, was only to build synergy.

He added that Golkar was ready if its ministers were removed from the cabinet because it was the president's prerogative. "But Golkar also has the right to recall our ministers from the cabinet," he said.

PPATK finds suspicious transactions in Century

Jakarta Post - February 10, 201

Hans David Tampobolon, Jakarta – A report listing hundreds of suspicious transactions related to Bank Century has been handed over to police and the antigraft body, the Financial Transaction and Analysis Center (PPATK) announced Tuesday.

"We have found 180 suspicious transactions. We have reported 22 of them to the police, 20 to the Supreme Audit Agency [BPK] and 21 to the KPK [Corruption Eradication Commission]," PPATK chairman Yunus Husein told a hearing with the House of Representatives' inquiry committee investigating the Bank Century bailout.

Yunus also noted the agency had identified a potentially suspicious transaction involving a lawmaker. "We are still looking into this suspicious transaction," he said.

During the hearing, the United Development Party (PPP) faction said it suspected the Bank Century bailout fund was channeled to a company believed to be among the donors of one of last year's presidential candidates.

"We have found indications that a company that donated money to one of the presidential candidates, with the initials AJP, received the fund," PPP lawmaker and committee member Romahurmuzy told detik.com. The company donated Rp 600 million (US$66,666) and Rp 850 million, he added.

The PPP, a member of the government's coalition, asked the PPATK to provide details of the company. The committee has found indications that Sinar Mas Securities, an affiliated company of the Sinar Mas Group, might have received a portion of the bailout fund.

Committee member Andi Rahmat of the Prosperous Justice Party (PKS) faction said that he had found the indications in the PPATK report. "The amount is significant," he said, but declined to reveal the exact figure.

Another PKS lawmaker, Mahfudz Siddiq, acknowledged there was a disbursement to a party under the initials of "SM". However, he refused to confirm if it was Sinar Mas. "The committee is still compiling the data [on this information]. Once we find clear evidence of a criminal act we can officially reveal the name," he said.

Andi also confirmed the data reported in an official document, which says a bank affiliated with the Sinar Mas Group, called Bank Sinar Mas, might have benefited from the government's decision to salvage the ailing Century.

The Rp 6.76 trillion (US$716 million) bailout was authorized by Finance Minister Sri Mulyani Indrawati and former Bank Indonesia governor Boediono, now the Vice President.

Mulyani and Boediono have repeatedly insisted the bailout was necessary to save the banking sector from a systematic threat amid the global economic crisis.

A document obtained by the Post from one of the inquiry committee members revealed that Bank Sinar Mas was the only bank whose capital adequacy ratio (CAR) would fall under the minimum limit of 8 percent if Bank Century was not salvaged.

The document said Bank Sinar Mas' CAR would plunge to 6.93 percent from 12.27 percent if Bank Century was not saved. Sinar Mas Group director Gandhi Sulistyanto said the disbursement from Bank Century to Sinar Mas Securities "had nothing to do with the controversial bailout disbursement".

Century probe anger over lack of money trail

Jakarta Globe - February 10, 2010

Febriamy Hutapea – Indonesia's House of Representatives special committee investigating the Bank Century scandal has claimed the country's money-laundering watchdog is hindering attempts to unravel the money trail because of its failure to provide specific details about suspicious transactions.

The Financial Transaction Reports and Analysis Center (PPATK) officials on Tuesday made a second appearance before the committee, which has indicated the massive bailout was tainted by corruption but has so far failed to find out what happened to the Rp 6.7 trillion ($710 million) injected into the ailing bank by the government.

During its first appearance, PPATK officials were ordered to trace suspicious transfers of funds from and into the bank before and after the bailout.

"We are disappointed with the PPATK data," lawmaker Akbar Faizal from the People's Conscience Party (Hanura) said on Tuesday. "Our time is limited and we were hoping that a great deal of suspicious data could be supplied to us. "

Idrus Marham of the Golkar Party, the committee chairman, said the information provided by the agency failed to shed any light on the investigation. "[Their data] needs to be clear so that we can identify suspicious transactions," he said.

The committee deemed the information provided as too general, and that it had not focused on the tracing the 184 alleged irregular transactions uncovered by the Supreme Audit Agency (BPK) in its original report that found signs of wrongdoing.

PPATK Chairman Yunus Husein replied by acknowledging the lack of detailed information about suspicious transactions. "We need specific information and a time period," Yunus said, adding that the PPATK "also had limitations."

His comments prompted a flood of lawmakers to provide Yunus with more detailed information, which he promised to investigate and present at a closed-door committee session, which is in line with laws governing disclosure of confidential banking information.

Yunus did state, however, that none of the bailout money was embezzled by a "certain political party," as claimed by the People's Democratic Defense (Bendera).

Bendera, a fringe nationalist group allegedly linked to opposition political parties, has claimed that at least part of the bailout money was funneled into President Susilo Bambang Yudhoyono's re-election campaign, his Democratic Party, members of his inner circle and to various state agencies.

Lawmaker Hendrawan Supratikno of the Indonesian Democratic Party of Struggle (PDI-P) said he wanted to know how the account of businessman Budi Sampoerna, Century's biggest depositor, increased from Rp 734 billion to Rp 1.77 trillion around December 2008, a month after the bailout.

He asked the PPATK to supply more data on transactions involving large amounts of money carried out over a short period around the time of the bailout.

Hendrawan also questioned the role of Arif Surowijaya and suggested a possible conflict of interest. Arif served as a consultant for the Financial System Stability Committee (KSSK), which approved the bailout, but he also had a close relationship with the Sampoerna Group.

According to Hendrawan, Arief was an adviser for the Sampoerna Foundation and an independent commissioner of PT Sampoerna Agro, owned by Michael Yusuf Sampoerna, the nephew of Budi Sampoerna. "This strongly indicates the bailout was conducted to save big [Century] depositors," Hendrawan said.

He said that the House also wanted to know the profiles of the 11 depositors who, according to BPK, were covered by the bailout money. "Those questions need to be answered. We want the PPATK to be more focused on placing their findings as a starting point for the investigation," Hendrawan said.

Bailout illegal, possibly corrupt, say Indonesian lawmakers

Jakarta Globe - February 9, 2010

Febriamy Hutapea – Most of President Susilo Bambang Yudoyono's coalition partners lined up against him on Monday, with seven out of nine factions on a House of Representatives special committee stating in a preliminary report that the government's bailout of Bank Century was illegal and beset by corruption.

"There are indications of corruption, state losses, abuse of power and breaches of the law," Asman Abnur of the National Mandate Party (PAN), a member of the special committee, said while reading his party's preliminary conclusions on the investigation.

PAN, a member of Yudhoyono's ruling coalition, was not alone in breaking ranks and declaring that the bailout may have been illegal. The Golkar Party, Prosperous Justice Party (PKS), and United Development Party (PPP) all said they firmly opposed the government's bailout decision and agreed that the Corruption Eradication Commission (KPK) should further investigate the Bank Century case.

They were joined by opposition parties the Indonesian Democratic Party of Struggle (PDI-P), Great Indonesia Movement Party (Gerindra) and the People's Conscience Party (Hanura).

Only committee members from Yudhoyono's Democratic Party and coalition partner the National Awakening Party (PKB) stated that the decision to bail out the bank was correct and necessary to prevent a systemic threat to the domestic banking industry at the height of the global financial crisis in November 2008.

The special committee is scheduled to issue its final conclusions on Monday.

It is unclear what will happen next. Some lawmakers have threatened to initiate impeachment proceedings against Yudhoyono or Vice President Boediono, the central bank chief at the time of the bailout.

There is also speculation that Finance Minister Sri Mulyani Indrawati, who also played a central role in the bailout, will be forced to resign as part of a political settlement to the case.

Democratic Party officials have called on Yudhoyono to reshuffle the cabinet to remove dissident coalition partners, including Golkar members. During Monday's meeting of the special committee, which was broadcast live on nationwide television, the seven parties said they found irregularities even before Bank Century was created by a merger of three troubled smaller banks in 2004.

Many lawmakers said the irregularities continued up until the bailout and that the subsequent alleged violations could include banking crimes, money laundering and corruption.

"There is a strong indication of legal violations that caused the nation to suffer huge losses," said Agun Gunandjar Sudarsa, a Golkar lawmaker.

Yudhoyono has insisted the bailout was legal and necessary and has claimed that shadowy political forces are concocting a criminal case in an attempt to topple him, just months after he was overwhelmingly re-elected to a second term.

In their preliminary conclusions, the Democratic and PKB members of the special committee said the bailout was conducted legally, but acknowledged that Bank Indonesia was not prudent in monitoring the merger that created Bank Century.

Both parties also supported the central bank's decision to waive the capital-adequacy ratio requirement to make Bank Century eligible for the bailout.

Senior Democrat official Anas Urbaningrum said that Monday's assessments were "just a preliminary view" and expressed optimism about the special committee's final conclusions next week.

Political observer Arbi Sanit said he expected intense political lobbying among the Democrats and other parties in the coming days to water down or even alter the final conclusions.

Yudhoyono taking aim at Indonesia's tax cheaters

Jakarta Globe - February 9, 2010

In what may have been a warning shot at Golkar Party chairman Aburizal Bakrie over the investigation into the Bank Century bailout, President Susilo Bambang Yudhoyono on Monday ordered the National Police to hunt down anyone suspected of tax evasion.

Yudhoyono's directive came a day after a senior presidential aide suggested that politicians pushing the investigation into the government's Rp 6.7 trillion ($710 million) bailout were the same ones who are allegedly guilty of tax evasion.

The order also came on the eve of a South Jakarta State Court ruling expected today on whether the Ministry of Finance's Directorate General of Taxation can proceed with a criminal tax evasion case against miner PT Kaltim Prima Coal, which is a unit of Aburizal's Bakrie group.

"I have to remind you again, do seriously ensure the cessation of street crimes, transnational crimes. Also, don't forget corruption, tax crimes and debt embezzlement, which have burdened the people," Yudhoyono said during a National Police top leadership meeting on Monday. "With full confidence, we should solve this, because it concerns justice for our people."

Last month, the president also told customs officials that the government would discipline "naughty" individuals and companies that avoid paying tax.

The president's orders on Monday came as Golkar and six other political parties on the House of Representatives special committee probing the bailout preliminarily concluded that it may have been illegal.

On Sunday, presidential legal adviser Denny Indrayana said: "It is possible that those who designed [the Century case] are those who have problems with the law, those who do not pay taxes."

Although Denny didn't mention names, there is widespread speculation that he was referring to Aburizal, whose Bakrie group owns three companies accused by the tax office of failing to pay Rp 2 trillion in 2007 taxes.

Responding to the president's request, Comr. Gen. Ito Sumardi, the National Police's chief of detectives, said the force would fully back up the tax office in pursuing tax evaders. "We will pay special attention to the president's call," he said, adding that he had met with tax office head Mochamad Tjiptardjo two weeks ago.

Golkar lawmaker Idrus Marham, who chairs the House special committee, said his party's aggressive stance was unrelated to Aburizal and his business empire. "We have the Bank Century issue, not taxes," he said. "I represent the Golkar Party here."

Political observer Ikrar Nusa Bakti, of the Indonesian Institute of Sciences (LIPI), said Yudhoyono appeared to be increasing pressure on Aburizal, whose Golkar Party is a member of the ruling coalition but has been aggressive in investigating the bailout.

In December, Aburizal even suggested that Vice President Boediono and Finance Minister Sri Mulyani Indrawati, who were at the center of the bailout decision in 2008, should be suspended during the House investigation.

On Monday, Yudhoyono's Democratic Party and the National Awakening Party (PKB) were the only two of nine parties on the special committee to find no wrongdoing in the bailout.

"Ical's family runs lots of companies and some of them are alleged to have tax problems, while Golkar has been playing hard against the government in the special committee," Bakti said, referring to Aburizal by his nickname. "You just can't [mix] tax problems with problems in politics."

Adding another twist to the drama, it is Sri Mulyani who oversees the tax office as finance minister. She claimed in December that the House investigation was aimed at discrediting her because of her poor relationship with Aburizal due to the reforms she had initiated.

University of Indonesia economist Faisal Basri said the Bank Century investigation might be politicized by "some groups" with powerful business and political connections.

[Additional reporting by Febriamy Hutapea, Muninggar Sri Saraswati, Camelia Pasandaran, Dion Basara.]

Graft & corruption

NGOs claim high schools stole Rp1 billion from poor student fund

Jakarta Globe - February 11, 2010

Ulma Haryanto – A coalition of civil society organizations led by Indonesia Corruption Watch is set to report to the Attorney General's Office a Rp 1 billion ($107,000) embezzlement case involving state high schools allegedly misappropriating education funds for poor students during the 2007-2009 period.

The Coalition for Anti-Corruption Within Education (KAKP), which includes the Tangerang Teachers Union, the Banten Teachers Community and the Alliance of Parents for Education, allege that at least five state high schools have embezzled at least Rp 980 million allocated by the central government for Taman Kegiatan Belajar Mandiri, extensions to state junior high schools (SMPN) aimed at educating underprivileged children.

They claim that the SMPNs should face corruption charges even though they accept that the funds for the TKBM programs were subsequently returned to the government.

"According to the law, as of July 2007, both BOS [operational school aid] and BOP [educational operational costs] schemes were allocated for TKBM. These are local education funds allocated for the TKBM but most of us were not aware of this," Ade Pujiati of the TKBM Ibu Pertiwi in South Jakarta said on Thursday. TKBM Ibu Pertiwi is registered under SMPN 67 state junior high school in Setiabudi, South Jakarta, and was the only TKBM in Jakarta that has received the funds since 2007.

"There are eight TKBMs in Jakarta: four in North Jakarta, two in Central Jakarta, one in West Jakarta and one in South Jakarta. Aside from my school, none of the others received these operational funds," said Ade, a senior representative of the KAKP.

She claimed that, along with ICW, the KAKP had found indications of corruption involving the state junior high schools. The issue was raised last year, when it attracted the attention of the Jakarta Education Agency.

"TKBM administrators were asked to meet education agency officials privately, after we brought the case to public attention," said Novin Widyawati, the administrator of TKBM Johar Baru. "The agency and the headmasters of the schools only offered me their apologies and promised that it won't happen again. They also asked me to sign a statement that there had been no embezzlement."

Novin added that at the meeting, TKBM administrators were asked to forget about the issue and promised they would receive the funds for 2009-2010 period.

Taufik Yudi Mulyanto, the head of the Jakarta Education Agency, told the Jakarta Globe that the Supreme Audit Agency (BPK) "has taken care of that. The funds were returned to the state." He added that he had received no further complaints.

"The TKBM Johar Baru wants to control the money by itself, that's why they are still pushing the issue," he said, mentioning that the school did eventually give TKBM Johar Baru the whole amount, "but they could not administer it properly."

However, Febri Hendri, a senior researcher at the ICW, said that even though the schools had returned the embezzled money to the state, "it does not eliminate the fact that they committed the criminal act of corruption."

"Furthermore, of course the TKBMs could not administer the funds properly. They do not have the capacity and were never given the assistance to administer such financial responsibilities," Febri explained. "Those 'mother' schools should be more transparent and accountable on the disbursement of the state funds."

TKBMs, which rely heavily on state subsidies and public donations, can hold classes anywhere from the local mosque or community hall to a private house. TKBMs are acknowledged nationally. Their students have their own national registration number and they can take state exams and receive a diploma.

KPK promises to name lawmakers involved in BI bribery case

Jakarta Globe - February 11, 2010

Nivell Rayda – The Corruption Eradication Commission pledged on Wednesday to release the names of all the lawmakers who allegedly received a total of Rp 24 billion ($2.5 million) in bribe money linked to the appointment of a central bank deputy in 2004.

The commission, also known as the KPK, has so far declared four former and current members of the House of Representatives as suspects, three of whom are now in custody. The four are charged with violating Article 5 of the 1999 Law on Corruption, which carries a maximum sentence of life imprisonment.

The antigraft body suspects that the 41 lawmakers who voted economist Miranda Goeltom to the Bank Indonesia senior deputy governor position in 2004 received anywhere from Rp 200 million to Rp 1 billion each.

The KPK deputy for graft investigations and prosecution, Chandra M Hamzah, said the commission would disclose the names of those who allegedly received money during the trials of the four suspects.

Golkar Party's Hamka Yandhu, Endin AJ Soefihara, from the United Development Party (PPP), Udju Djuhaeri, who was a member of the Police and Military faction in the House, and Dhudie Makmun Murod, from the Indonesian Democratic Party of Struggle (PDI-P), are scheduled to stand trial by the end of this month.

"Just wait, all the names will be disclosed during the trials of the four suspects," Chandra said. He added that the four suspects would be tried together.

He said the commission was continuing to develop the case and that more people were likely to be charged. "If we have enough evidence, we will certainly bring whoever they are to justice," he said.

Indonesia Corruption Watch deputy Adnan Topan Husodo said the commission was likely to wait for further developments during the trial before naming more suspects.

"The KPK always starts with those who have the most incriminating evidence against them. This is a tactic they use," Adnan told the Jakarta Globe. "The KPK will be hoping for more vivid information from court testimony."

However, Adnan said the ICW would closely monitor the case to make sure the KPK made good on its promise to go after everyone involved. "The KPK should bring down all those who received bribe money and those who financed the bribes," he said.

War on terror

Documents reveal final moments of Jakarta hotel bombers

Jakarta Globe - February 12, 2010

Heru Andriyanto – Police documents released for the first time reveal how the JW Marriott Hotel suicide bomber was able to talk his way into a lounge hosting a private event for foreign businesspeople.

According to the documents, released during the ongoing trial of Amir Abdillah, who is charged with helping to coordinate the July 17, 2009, bombings at the Marriott and the Ritz-Carlton Hotel, the bomber, Dani Dwi Permana, was at first stopped from entering the lounge.

Dani, who was registered as a guest at the hotel under a fake name, arrived at the lounge wearing a backpack across his chest and pulling a wheeled-suitcase. CCTV video footage of the scene in the hotel lobby was played repeatedly on TV in the days after the bombings.

"I want to see my boss," Dani told a security officer, according to the police documents and the indictment against Amir, the first suspected militant to be tried in relation to the hotel attacks.

"Which one is your boss? What's his name?" a security guard, Dikdik Ahmad Taufik, asked. "I just want to deliver something to my boss," Dani replied.

Dadang Hidayat, a member of the front desk staff, then came over to see what was going on. Dadang then told Dani: "This is a private event, you cannot enter, but you can wait outside."

"This will only take a minute. I just want to deliver [something] to my boss," Dani said. "OK then, go find your boss," Dadang said, asking another Marriott employee, chef Evert Mokodompis, to follow Dani.

According to the indictment, outside the hotel, suspected militant Saefudin Zuhri was coordinating the attack from inside a Daihatsu Terios van driven by Amir.

Using a mobile phone, Saefudin instructed Dani to "activate the 3G system of his own cellphone," the indictment says. Saefudin continued speaking to Dani, giving him instructions and encouragement. The indictment says that Saefudin instructed Dani to shout "Allahu Akbar" as he approached the foreigners.

Inside the hotel, Dani stood near the main buffet table. Dadang, who survived the attack, heard the cellphone in Dani's backpack ring. It was then that he saw the two black cables connecting the backpack to the suitcase, just before the bomb went off.

Just before the bomb in the Marriott exploded, another bomber, identified as Nana Ikhwan Maulana, entered Airlangga restaurant at the nearby Ritz-Carlton Hotel carrying a backpack and a computer bag in his left hand.

An employee at the restaurant, Windu Octavia Hardhani, greeted him in English. "Good morning, sir. Breakfast?" But Nana looked confused and gave no response, so Windu repeated the words in Indonesian.

"I want to meet my friend," replied Nana, who introduced himself as Heri. Windu took him to a table and Nana ordered coffee. As Windu walked away, she heard an explosion from the Marriott and rushed to the window to see what had happened. As she was looking for a telephone the bomb carried by Nana exploded inside the restaurant, according to the indictment.

The two bombings killed nine people, including the bombers. Evert, the Marriott chef, also died. The other victims were foreigners, most of whom were attending the weekly breakfast gathering of executives and market analysts at the Marriott hosted by Castle Asia.

At the time of the attacks, the Ritz-Carlton was preparing to welcome top English football team Manchester United the following day. The visit was canceled due to the attacks.

Noordin terror network crippled: Driver

Melbourne Age - February 11, 2010

Tom Allard, Jakarta – Noordin Mohammed Top would have been pleased to have died a "martyr" in a hail of gunfire but his terrorist network is now seriously degraded, according to his personal driver.

Amir Abdillah made the remarks to reporters yesterday as he stood trial for his role in protecting Noordin and securing explosives used in the Jakarta hotel bombings last year that killed nine people, including three Australians.

He has also been charged for participating in a failed plot to blow up Indonesian President Susilo Bambang Yudhoyono with a car bomb, planned for a month after the hotel attacks.

Abdillah would scour Java for safe houses for Noordin and run errands for him, including buying materials for explosives.

Asked about Noordin's death after seven years of eluding a massive manhunt, he said: "That's what he wanted. He wanted to be a martyr." Were there other suicide bombers ready? "The network has been cut off," he replied.

Abdillah played a key role in helping police unravel Noordin's network, according to prosecutors. He led them to the safe house where the car bomb for Dr Yudhoyono was being prepared and provided information about Noordin's favourite hiding spots and modus operandi.

As a result, prosecutors are unlikely to press for the death penalty, said Bisono, the senior prosecutor.

Unapologetic for his alleged role in the mass murder, Abdillah told reporters: "According to the law it was wrong, but we will see in Allah's eyes."

One of the few members of Noordin's network not to be gunned down in a series of raids by police in the wake of the twin suicide attacks on the JW Marriott and Ritz-Carlton hotels, Abdillah was waiting outside the luxury establishments when the bombs detonated.

According to the indictment read out in court, he was with the field commander of the operation, Saifuddin Jaelani, also known as Saifuddin Zuhri, as he coaxed one of the bombers into killing himself.

The bomber, Dani Dwi Permana, was 18 and was speaking to Saifuddin on the phone as he walked up to a group of foreign executives at a breakfast seminar at the JW Marriott.

Permana twice managed to repel the queries of security personnel who wanted to know why he was carrying two bags into the seminar room.

Saifuddin, a self-styled cleric who recruited Permana, talked him through the encounters with security and ordered him to call God's name just before blowing himself up.

The three Australians – Craig Senger, Garth McEvoy and Nathan Verity – were attending the breakfast seminar.

Abdillah purchased some of the explosives for the hotel attacks and was entrusted with destroying receipts and other evidence relating to the bombings. However, he forget to burn them as instructed.

He found the safe house outside Jakarta where the car bomb was being built. The plan was to hit Dr Yudhoyono's motorcade as he left his home in Cikeas for the presidential palace.

The motivation was revenge for the 2008 execution of Imam Samudra, Amrozi and Mukhlas, the men behind the 2002 Bali attacks that killed 202 people, including 88 Australians.

Another 13 people will face trial in relation to the hotel blasts. Abdillah did not enter a plea yesterday but did not object to the statement of facts included in the indictment.

Islam/religion

Indonesian clerics slap a ban on Valentine's Day

Jakarta Globe - February 12, 2010

Nurfika Osman – Devout Muslims should not spend Sunday gazing at their sweethearts across a romantic, candle-lit dinner, the Indonesian Ulema Council has recommended, declaring celebrations of Valentine's Day as forbidden in Islam.

Amidhan, head of the council, also known as the MUI, told the Jakarta Globe that celebrating Valentine's Day was tantamount to spreading Christianity.

"We have to ban Valentine's Day because we are celebrating another religion's holiday," the outspoken cleric said. "Santo Valentino was a Christian, so it is not allowed in Islam. People who celebrate Valentine's Day are spreading Christian beliefs."

Muslim leaders in the Islamic stronghold of East Java have already called on their congregations not to celebrate the holiday, arguing that it was sinful and would promote casual sex.

The MUI also ruled against aerobic exercises in "sexy" attire, and expressed reservations about Koranic verses used as cellphone ringtones. "Overenthusiastic aerobic moves with sexy attire, such as tight pants, can arouse sexual desire," Amidhan said.

"Besides, women are not allowed to wear such attire as they reveal their aurat," he said, referring to parts of the body that must be covered. The MUI's South Sumatra chapter on Friday declared that most workout clothing was un-Islamic and that aerobic exercises involved movements that could ignite sexual desire.

MUI leaders in Tasikmalaya, West Java, also declared Koranic ringtones inappropriate because it would "degrade" the holy book if phones rang in the bathroom or at places such as discotheques.

Soleh Mahmud, deputy secretary general of the hard-line Islam Defenders Front (FPI), supported the MUI's advice. "We have seen the degradation of morals among Muslims in this country as they are adopting Western lifestyles," he said. "The MUI should be the moral compass for the country's Muslims."

But Azyumardi Azra, a prominent academic who advises the vice president, said the MUI was going overboard with its fatwas, or religious decrees.

"They should weigh the issues they want to ban carefully as we have to see it in the social, cultural and political contexts," he said.

If the MUI continues to issue edicts and bans without considering the broader context, Muslims will just end up ignoring them, Azyumardi said.

"The substance of Valentine's Day is love, and love is the basis of Islam," he said. "We don't have to relate this to faith, as that's just going overboard. It seems to me that those ulemas who issued the fatwa are narrow-minded."

Ulemas cracks down on tight gym clothes and Valentine's Day

Jakarta Globe - February 12, 2010

Nurfika Osman – The head of the Indonesian Ulema Council (MUI) in Palembang, South Sumatra, has warned people, especially women, not to wear sexy and tight attire when they undertake aerobic exercise as it might arouse sexual desire.

Sodikun said that most aerobic clothing was not in line with Islamic cultural values the issue needed to be resolved. But leggings and tank tops are not the only sexual temptation at the gym, according to Sodikun. He warned that aerobics class moves could also spark sexual desire.

"Exercise is recommended to maintain physical fitness and health, but it must be conducted in accordance with our existing social norms and culture," Sodikun said. "Aerobic exercise must also avoid the use of transparent suits as it does more harm than good."

At the same time, the MUI in Pamekasan, East Java, called on the Muslim community to refrain from celebrating Valentine's Day, stating that it was not a Muslim tradition.

The clerics issued the call because in past years certain segments of the population in Pamekasan had taken part in activities to celebrate the day.

"After all, Valentine's Day is not an Islamic tradition," said Lailurrahman, chairman of the MUI's Pamekasan branch. "Also, Valentine's Day celebrations tend to be marked by frivolous, extravagant behavior or even improper activities," he added.

He said that filling one's life with love was actually in accordance with Allah's commands. But Valentine's Day, which falls on February 14, had pagan connotations, and therefore celebrating it would be a deviation from the Islamic faith, he said.

In Indonesia, the day is mainly observed among young people living in urban centers.

But Lailurrahman said that when one studied the origins of Valentine's Day, it was obvious that it had nothing to do at all with Islam and Islamic cultural values. "So, it is only proper for the MUI to forbid Muslim youths from observing the day," he said.

Tasikmalaya ulema bans Valentine's Day

Jakarta Post - February 12, 2010

Jakarta – The conservative Indonesian Ulema Council in Tasikmalaya, West Java announced a ban on Valentine's Day on Friday, citing its Roman legacy that contradicts Islamic law.

Leader of the council, Acep Noor Mubarok, said Valentine's Day, which falls on Feb. 14, was prone to unrestricted expressions of love, which Islam cannot tolerate.

Islam only recognizes mutual respect, which is commonly expressed at an informal social gathering, Acep added. "All activities related to the Valentine's Day are haram [forbidden under Islam]," he told tempointeraktif.com.

He blamed the government's lack of control of Western culture on the popularity of the Valentine's Day in the country.

Jailed journalist testifies during blasphemy law judicial review

Jakarta Globe - February 10, 2010

Ulma Hariyanto – A prominent senior journalist, author and cultural expert appeared as a witness at the Constitutional Court on Wednesday to speak about his experience with a law that saw him imprisoned for five years.

The court was hearing the fourth phase of the judicial review into the 1965 Law on the Prevention of Blasphemy and Abuse of Religion.

The 1965 law, which dates back to the last years of former President Sukarno's rule, was challenged in 2009 by the late Gus Dur, renowned worldwide for his pluralistic beliefs, and several human rights organizations, including Imparsial and the Indonesian Legal Aid Foundation (YLBHI).

Arswendo Atmowiloto, now a senior journalist and expert, was imprisoned in 1990 under the law over the outcome of a survey calling for readers to name their heroes in a local tabloid called Monitor, of which he was editor-in-chief at the time. "Twenty years ago I was first introduced to the law, because it sent me to prison for the maximum sentence of five years for violating an article of the law," he told the court when beginning his testimony.

Arswendo said that the newspaper received 33,963 postcards, nominating 667 people as "heroes" in response to the survey. According to the survey results, Suharto was voted readers' number one hero, with Arswendo as number 10 and the prophet Muhammad ranked eleventh. The result was published and sparked anger from Muslim groups who took the case to court, leading to Arswendo's trial and imprisonment.

Although his tabloid issued a public apology in its next issue and Arswendo also apologized personally on the then one and only national television station, TVRI, he still had to serve time in prison from 1990 to 1995.

The court will also hear on Wednesday from the government, the House of Representatives, petitioner's witnesses and experts.

Indonesia's faith leaders joining call for more religious freedom

Jakarta Globe - February 9, 2010

Camelia Pasandaran – A noted forum of religious leaders became the latest in a line of organizations supporting the judicial review of the 1965 law on religious blasphemy, pointing out that the government deserved sharp criticism for defending a law that stifled religious freedom but forced citizens to follow only one of six state-recognized religions.

"Religions need no validation from the nation, because they existed long before our great nation was founded. Why should the nation limit people's beliefs?" said Pastor Johannes Hariyanto, secretary general of the Indonesian Conference on Religion and Peace (ICRP), a group formed by the late former president Abdurrahman "Gus Dur" Wahid. ICRP is the local chapter of the World Conference on Religion and Peace.

Johannes's statements at the Vice Presidential Palace were made a day ahead of the Constitutional Court's second session on Wednesday to review the 1965 Law on the Prevention of Blasphemy and Abuse of Religion.

Along with a number of other ICRP leaders, Johannes met with Vice President Boediono on Tuesday to report the conclusions of the group's national conference in 2009, which include urging the state to strictly monitor how religious bylaws are being misused to threaten and oppress believers of minority sects.

Johannes said the ICRP disagreed with the state's recognizing just a handful of religions.

"Those who keep faith with God but are not believers of religions acknowledged by this nation cannot get their marriages registered. They can't obtain birth certificates for their children. They are, after all, entitled to government services, since they do pay taxes. If there are religions being acknowledged, then there will be religions that are not acknowledged," Johannes said.

He expressed grave concern over the use of the 1965 law to "justify" violent acts towards minority groups that interpret religious tenets differently. As reported previously, Muslim sect Ahmadiyah has for years suffered persecution, violence and the burning down of their mosques by hard-line Islamic groups intent on driving the Ahmadiyah back towards the mainstream.

The petitioners argued that the 1965 law, which carried jail terms of up to five years, was unconstitutional as it inhibited religious freedom by recognizing only six faiths: Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism, while rejecting all others. The law also bans people from publicly espousing or gathering popular support for certain religious interpretations.

Hendardi, the chairman of the Setara Institute for Democracy and Peace, one of the plaintiffs, said 200 human rights violations occurred in 2009 because the law was abused as an excuse to intimidate Christians and Muslim sects. It was also used to jail Kingdom of Eden sect leader Lia Aminuddin, who claimed to be the bride of the Archangel Gabriel.

ICRP had recorded 20 violations of religious freedom during the last month alone, most of them occurring in West Java and West Sumatra, Johannes said.

Among the scores of religious-based bylaws across the nation is one that forbids women in Tangerang from going out alone at night without being accompanied by family members, while in Pesisir Selatan district in West Sumatra, female employees and high school girls must wear clothing that meets Islamic standards of dress.

Groups object to judicial review of blasphemy law

Jakarta Post - February 10, 2010

Jakarta – Hundreds of people rallied outside the Constitutional Court (MK) building in Central Jakarta on Wednesday, urging the court to refuse a judicial review of the blasphemy law.

"The articles in the 1965 Blasphemy Law are not about freedom of religion, but about protecting our religions from being insulted," said Mastuni, who leads the Islam Defender Force (LPI).

Joining the rally were members of the Betawi Brotherhood Forum (FBR), the Islamic Reform Movement (Garis) and other mass organizations.

Instead of eliminating the articles, the government should enforce the articles with firmer sanctions against those who violate the law, said Mastuni. "This case is bigger than the Bank Century case," he said. "If the Constitutional Court repeal the article, we will declare war."

The court is hearing a petition filed by a group of NGOs for a judicial review of articles in the law which they deem discriminatory against certain religious groups. (not)

Elections/political parties

SBY's 'political threats' damaging to coalition warns analyst

Jakarta Globe - February 13, 2010

Febriamy Hutapea – An analyst has criticized President Susilo Bambang Yudhoyono's use of implied "political threats" against his coalition partners over the Bank Century bailout inquiry, including raising the issue of tax avoidance in clear reference to Golkar Party chairman Aburizal Bakrie.

Ikrar Nusa Bakti, a political analyst at the Indonesian Institute of Sciences (LIPI), said Aburizal's legal problems with the Directorate General of Taxation were an issue of governance and not a tool to apply political pressure.

He suggested that if Yudhoyono was motivated purely by a desire for good governance, then he should have clamped down on alleged tax dodgers when Aburizal served in his previous cabinet as the coordinating minister for the economy and as the coordinating minister for people's welfare.

"The game of political threats is not healthy for the relationship between coalition partners," Ikrar said.

Yudhoyono warned on Thursday that those who mixed business and political interests would weaken the economy. Citing the tax case, he said the practice of collusion had protected businesspeople from paying their taxes.

Ikrar said threats would only create bitterness that would lead to a cycle of political revenge among coalition partners. "The more they are threatened, the more daring they will be," he said.

Aburizal, who was a major supporter of the president in the run- up to the 2004 elections, has responded to Yudhoyono's comments by saying his party would remain critical of the government despite any threats. "We are not afraid of being threatened at gunpoint, let alone by tax evasion allegations," the Golkar chief said.

Ikrar said Yudhoyono's political management had been found wanting and it was better to solve problems "internally through a special approach with coalition party leaders."

He said the ongoing dispute over Bank Century and the subsequent House of Representatives special inquiry into the bailout represented Yudhoyono's worst performance since he was first elected in 2004.

The political analyst also took aim at Yudhoyono's "melancholic political communication," namely a long list of complaints, including Wednesday's criticism of the media for its allegedly unbalanced news coverage, which he claimed could deter direct foreign investment. The president also criticized protesters who had used a buffalo at a Jakarta demonstration to mock him.

"This will only hurt Yudhoyono rather than benefit his administration," Ikrar said.

Ramadhan Pohan, a lawmaker from the president's Democratic Party, brushed off the criticism, claiming that Yudhoyono had not resorted to threats. He also said that if Yudhoyono was such a poor communicator, he would not have been presented with an award as "Asia's best communicator."

Yudhoyono received the Gold Standard Award for Political Communication from a public affairs publication. The president's spokesman, Julian Aldrin Pasha, said the award demonstrated that Yudhoyono's growing stature abroad was not appreciated by his own people, who do not give him the respect he deserves.

Meanwhile, Cecep Effendi, a political analyst from the Indonesia Institute, said he did not believe the ruling coalition would disintegrate over the Bank Century dispute. He said politicking was to be expected given that the bailout was an unpopular decision and political parties were looking to consolidate ahead of the 2014 elections.

Cecep said it was more likely that the House special committee investigating the bailout would recommend improvements to the nation's banking system, rather than charge those responsible for approving the cash injection into the ailing lender.

"The coalition will still run, whatever the problem is," Cecep said. "The coalition parties can't get financial sources if they are removed from the center of power. If they step out from the government, what do they get?"

Regencies still not ready for April direct elections

Jakarta Post - February 8, 2010

Agus Maryono, Purwokerto – Regional elections across Central Java province are two months away but many regencies and municipalities are allegedly not ready due to problems such as lack of candidates and funding.

Central Java legislative council member Bambang Haryanto warned that the upcoming regional elections in 17 out of 35 regencies and municipalities scheduled this April are likely to be chaotic or postponed.

The councilor from Commission A in charge of political affairs said there were numerous problems faced by each of the regencies. He pointed out three regencies, Pekalongan, Rembang and Kebumen, which his commission visited to see their preparation ahead of the elections.

In Pekalongan, for instance, only one candidate, the incumbent, has been registered. There has been no recent information on another, he said. "With only one running candidate, there will be no election. The regulation won't allow it," Bambang told The Jakarta Post in Purwokerto.

In Rembang, the Election Supervisory Committee has not been set up, while the election process continued and voters' registrations were completed.

He also said in Kebumen, no fund was allocated by the regency administration even though the election is two months away. Such problems, Bambang said, were faced by almost all regencies.

"This situation is really risky and threatens the quality of democracy in the respective regions," he said. "Unless the problems are solved, elections in the respective regencies must be postponed. Otherwise, it will create new problems."

Bambang also expressed concern that less community figures were interested to run in elections due to financial reasons. A candidate must spend huge amounts of cash for campaigns. "People can only run if they can afford to," he said.

Political observer Eko Budiharjo, who is also former rector of Diponegoro University in Semarang, Central Java, said it was not surprising to see less people willing to run in regency elections.

Apart from the high cost, he said regents were less powerful now. Many government officials, including regents and mayors, are being sent to prisons for various reasons, further discouraging people from the posts.

"Even a president is criticized this day, much less than a regent," he said. "So it's understandable when people are reluctant."

A regent candidate, he said, would need about Rp 10 billion (US$1 million) to fund his or her candidacy. Businesspeople, he said, would probably think it was better to spend such an amount on investment than to run for a regent candidacy.

Despite the gloomy outlook, he said direct regional elections must be continued. "The (regency and mayoralty) governments might not ready now but this is a long process," he said.

Administration & government

Reshuffle a backflip for Yudhoyono: Analyst

Jakarta Post - February 8, 2010

Arghea Desafti Hapsari, Jakarta – A Cabinet reshuffle could backfire on President Susilo Bambang Yudhoyono, contradicting his earlier claims that his administration's first 100-day programs had been successful, a political observer says.

"The President recently said more than 99 percent of [targets in the] 100-day programs had been accomplished. This would mean his ministers had performed and done a terrific job. But now there is this idea of reshuffling the Cabinet," Ari Dwipayana, a political analyst and lecturer at Gadjah Mada University in Yogyakarta, said Sunday.

Polemics about a possible Cabinet reshuffle abound after three Democratic Party executives met Yudhoyono last week and recommended he replace ministers from several coalition partners who they deemed disloyal.

Although the President has yet to respond to the reshuffle proposal (as a presidential spokesman said) the country's political scene has shown mixed reactions to the idea. Some have called it a bluff, and a mere threat from the Democratic Party.

"[The reshuffle] is an instrument being used to put pressure on coalition members to make them choose the same position [as the Democratic Party] in the Bank Century bailout inquiry committee," Ari said.

Several legislators in the committee have sought the impeachment of Vice President Boediono, and for the removal of Finance Minister Sri Mulyani Indrawati. Then Bank Indonesia governor Boediono and Mulyani authorized the Rp 6.76 trillion (US$716 million) Century bailout.

Indonesian Institute of Sciences researcher Siti Zuhro said the reshuffle threat "would lead to political lobbying where the Golkar Party and Prosperous Justice Party [PKS] would silence their members in the House inquiry committee". Legislators from the two parties have been some of the most vocal in the committee.

"Now that the Democratic Party has voiced a warning, they are just waiting to see which of the two parties will try to use the reshuffle idea as an opportunity to gain [ministerial posts]," Siti told The Jakarta Post.

PKS secretary-general Anis Matta said the threat of reshuffle "will not stop us from upholding the truth and resolving the [Century bailout] case". "I do not believe that parties in the committee would ruin the process just to gain political benefits that won't last," he said.

Golkar legislator Rully Chairul Azwar said his party would always take sides with law enforcement. "Golkar will always support Yudhoyono's policies, but not violations of law," he said.

Rully said he would regret the Democratic Party's move to propose the reshuffle if it was meant to punish the Golkar Party for being "disloyal".

"We did not form a coalition with the Democratic Party to support Yudhoyono's presidency, but with the forces in the House of Representatives... And we'll never betray that commitment to supporting Yudhoyono as a president, unless he creates a moral hazard for example by breaking the law," he said.

Rully also said the Golkar Party did not see Yudhoyono as guilty in the Bank Century bailout case. "As a president, he has the right to issue a policy when the country is in danger, but if parts of the policy violate the law while doing so, actions should be taken against them," Rully added.

Should Yudhoyono decide to go ahead with the reshuffle, he may cite reasons other than the heated tensions between coalition members at the inquiry committee hearings, Ari said.

But, "for whatever reason [Yudhoyono] says he may back a reshuffle, if this happens the public will know it is the result of the inquiry committee. This would be another of Yudhyono's political maneuvers," he said.

Media & journalism

Chinese media is still finding its footing after a 30-year ban

Jakarta Globe - February 12, 2010

Emmy Fitri & Ismira Lutfia – Nine years ago Bambang Suryono rediscovered his passion for journalism when he began working for a Chinese-language newspaper, a dream he never thought he would fulfill.

The newspaper, Guo Ji Ri Bao (International Daily), is one of 10 Chinese-language papers that began publishing in the wake of former President Suharto's resignation in 1998 and the lifting in 2000 of a ban on Chinese-language media by President Abdurrahman "Gus Dur" Wahid.

But while Chinese-Indonesians make up about 3.5 percent to 4 percent of the country's population, Bambang, the chief editor of Guo Ji Ri Bao, isn't sure what the future holds for the paper.

"The market segment is solid and tends to increase, but we are dealing with a human resource crisis," said Bambang, whose birth name is Lie Tho Hui. "It is not easy to find good writers. University graduates studying Mandarin speak flawlessly but they can't write proper Mandarin."

Young readership is picking up for the papers, but most readers are still between the ages of 60 and 70. One of these is businessman Andi Jaya Purnama, who is in his mid-70s.

"It's a matter of habit, and it reminds me of my youth before our Chinese schools were forcibly closed down," he said. "I can also track my friends and relatives because these newspapers carry announcements about what families are up to."

Guo Ri Ji Bao began publishing soon after the ban was lifted in 2000, printing about 1,000 copies. Bambang said that within two years the paper had returned its initial capital.

"Now we are publishing 70,000 copies and they are available in Jakarta, Surabaya, Medan and Pontianak," he said.

"The kind of growth is inevitable. Indonesia is more open and Chinese investors are coming to Indonesia like a flash flood. Before 2000 there were less than 20 Chinese companies operating here and now there are hundreds of them, ranging from medium to large-scale," Bambang said.

"The Chinese are well-known for their familial connections; they value their family ties. Big ads are coming from Chinese families. They put in huge ads when they get married and have children. Especially for condolences, big ads can last for a week."

Advertising revenue alone is enough to cover most of the expenses of the paper, which sells for Rp 3,500 (37 cents).

Bambang has been a journalist for a little over 50 years. In his early 20s he worked for the country's largest and oldest daily, Sin Po, which was published in Indonesian and Chinese.

The daily was banned in 1966 after a failed coup was blamed on the Communist Party, allegedly backed by China. After Suharto assumed power, broadcasting, printing and teaching in Chinese were outlawed. This ban stood for three decades, until Abdurrahman lifted it.

It has not only been political sentiment at home, however, that has hampered Chinese media in Indonesia. Batam-based radio station Era Baru received an injunction to stop broadcasting in 2008 from the Indonesian government.

The injunction was reportedly issued following pressure from the Chinese government, which alleged that the station was connected to the banned Falun Gong movement.

Gatot Machali, the station's director, has denied the link and has pursued the case through the courts. The station is now back on the air, but not on a regular basis.

"We are competing with radio stations in Singapore and Malaysia that broadcast entirely in Mandarin," he said.

"The prospects are good since there is a niche market that we can tap into," Gatot said, adding that the station had overwhelmingly received a positive response from listeners.

"Our listeners have formed their own community and they are always engaging in various social activities. This is proof that our radio has a solid listener base," he said.

Finding radio announcers who speak good Mandarin is a challenge, however, and Gatot said management had to invest in enrolling them in Mandarin language courses.

"In terms of advertising, it is going well, although we have not broken even yet," Gatot said, adding that the radio's listeners provided a niche market that advertisers could target.

"Advertisers can be sure that their commercials will reach the right target market," he said.

IT & the internet

Parents need to be wary of Facebook's dangers

Jakarta Globe - February 9, 2010

Nurfika Osman – A spate of crimes targeting Indonesian teenagers using social networking site Facebook has raised questions about whether parents should monitor their children's online activities, even going as far as gaining access to their teenagers' Facebook accounts.

Youngsters' online safety has come into focus following two recent incidents involving teenage girls in Indonesia. Marietta Nova Triani, 14, from Surabaya, visited her uncle's home in Bumi Serpong Damai, Tangerang, for a wedding party on Friday. A day later, she went missing from his home.

"We tracked down the password of her Facebook account. We found she had intense communication with Ari, a 16-year-old boy, who asked her to come along with him. She agreed. We have no idea who he is and whether or not he is a boyfriend," Heri Kristanto, Nova's father, told the Jakarta Globe on Monday.

Late on Monday night, police sources said they found Nova with "her boyfriend" Ari.

Though she was apparently in no real danger, another recent incident highlights the risks. Police in East Java recently arrested two men for recruiting at least 20 girls, some aged as young as 15, through Facebook, and then posting pictures and profiles of them on their Facebook accounts to arrange "hook-ups" with older men.

Surabaya Police have managed to contact the parents of five of the 20 girls, all of whom were reportedly were devastated. None of the girls in the prostitution ring were poor, but had been lured in by promises of luxury goods.

Seto Mulyadi, the chairman of the National Commission for Child Protection, known as Komnas Anak, told the Jakarta Globe that Facebook was the most popular medium and could be a source for cyber crime.

"But it is based on the users of the technology. Communication between parents and children is the most important thing to avoid such things," Seto said.

He also said children did not need Facebook and cellphones. "They are supposed to have better communication with their parents instead of their friends on Facebook," he said.

"The children are running from their parents as they are not listened so they are stressed out. Parents should not be authoritative in dealing with teenagers as they need friends to talk to and share with."

Masruchah, from the National Commission on Violence Against Women, said that while parents should monitor their teenagers' activities, particularly if they were causing concern, they had no right to access their Facebook accounts.

"Even teenagers have rights. We just have to be careful in using this social network and I hope the teachers can also guide teenagers in regard to the advantages and disadvantages of using Facebook. Parents should give guidance to their children so they will not turn to Facebook or any other social network to express their feelings or needs," Masruchah said.

Ethnic & religious conflicts

Residents rally to protest Sunday Services

Jakarta Post - February 8, 2010

Hasyim Widhiarto, Jakarta – Residents of Pondok Timur Indah housing complex ran a massive rally against the Bekasi Protestant church congregation.

Pondok Timur Indah Huria Kristen Batak Protestant (HKBP) church congregation priest Luspita Simanjuntak said around 200 local residents gathered at 7 a.m. in front of the house in Jl. Puyuh Raya where the congregation regularly ran their Sunday Service.

"I was shocked," Luspita told The Jakarta Post. "The protesters yelled, telling us to stop because we were not allowed to run religious activity at a residence."

Established in 1990, Pondok Timur Indah HKBP currently has 300 families as its members. Facing long-standing resistance from local residents, the congregation ran their activity from private residences as they failed to secure approval from Bekasi municipality to build their own church.

In 2004, it bought 2,000 square meters of land, located 1 kilometer from the housing complex, to build their church.

The church construction committee decided to start the construction of their church while once again submitting their building permit application. The move, however, went sour after hundreds of local residents attacked and demolished their half- built church structure.

After dealing with a series of difficult situations, the congregation decided to buy a house in Pondok Timur Indah housing complex, hoping it would help them run their religious activities peacefully as well as accommodating the increasing number of congregation members.

Samosir, Pondok Timur Indah resident and congregation member, said the congregation had almost no problem in their first two years of activity in the complex. The tension, however, began prior to Christmas last year. "They said our Sunday Services were disturbing," he said.

Jakarta/urban life

City council vows to rid Jakarta of 3-wheel bemo

Jakarta Globe - February 11, 2010

Arientha Primanita & Ulma Haryanto – The days of the pollution- belching, three-wheeled bemo may finally be numbered, the Jakarta city administration said on Wednesday.

"We hope by 2011 there will be no bemo on the streets of Jakarta," said Riza Hasyim, deputy head of the Jakarta Transportation Agency. Riza said that according to a 1996 gubernatorial decree the bemo were illegal.

Bemo are a fixture of the Jakarta cityscape. The unique vehicles seat four to five people relatively comfortably, but often hold as many as nine passengers.

Riaza said Jakarta Police and Public Order Agency officers would begin impounding the vehicles and destroying them after a warning period had expired.

Aliman Aat, a city councilor from Commission B, which oversees economic affairs, said the council supported the plan. "The bemo do not have permits to operate in Jakarta so they are illegal," he said, adding that the city council will allocate the required funds in its revised budget.

Aliman said the bemo, which now operate primarily in and around Bendungan Hilir (Benhil), Tanah Abang and Karet in South Jakarta, were bad for the environment and traffic congestion. He said efforts to remove the vehicles from the city's streets had begun in 1996 with the freezing of operating permits for 1,096 bemo.

Taufik, another city councilor, said the administration had been unable to rid the city of bemo because the vehicles were often operated by street thugs known as preman.

Bemo drivers spoken to by the Jakarta Globe on Wednesday, however, said they believed the local government's decision was unfair.

"They never explained to us why we are illegal. Is it because of environmental concerns? Are the vehicles ugly? Tell us what is wrong with the bemo and we can fix it," said Mia, from the City's Poor People Network (JKRM).

Samsul, one of about 100 bemo drivers in Benhil, said he had been a bemo driver for 15 years after moving from Indramayu, West Java, to find a better life in Jakarta.

Although he was aware of the government plan to eradicate all bemo, he said he was illiterate and had nowhere else to go. He said despite the 1996 ban, a number of new drivers had recently begun working as bemo operators.

"I learned how to drive a bemo from my uncle who brought me to Jakarta," he said. "He has returned to Indramayu because of illness."

Samsul said he earned Rp 30,000 ($3.20) each day after covering the cost of renting the vehicle and buying gasoline. He said it was tough to make a living to support his unemployed wife and two children. "But there are other drivers with more mouths to feed," he added.

Muhammad Yusuf, 16, lives in Pejompongan and uses bemo. However, he admitted that bemo is not the only means of transport that he rely on. "I can travel with bemo, angkot, anything nowadays, so I would not be too upset if one day bemo are not operating anymore" he said.

According to the Jakarta Bemo Driver Community (PBJ), there are around 1,000 active bemo in the capital, with one bemo usually shared between two drivers.

Transport & communication

25 percent of Indonesia's boats lack safety certificate

Jakarta Globe - February 8, 2010

Putri Prameshwari – One out of every four ships operating in Indonesian waters does not have a safety certificate, the chief of the Indonesian Classification Bureau said on Monday.

Muchtar Ali, chairman of the bureau, also known as the BKI, said that out of 12,000 ships registered in Indonesia, only about 9,000 had been certified as meeting the minimum safety requirements. "This can lead to accidents due to a lack of safety monitoring," he said.

Muchtar said all ships of more than 100 gross tons were required to undergo a BKI certification process, which involves checks on the availability of emergency equipment, such as fire extinguishers, and a review of the crew's safety management skills and the condition of the ship's machinery and electrical systems.

To avoid future maritime accidents, he said, BKI had asked the government to grant the bureau increased authority to audit ships' safety capabilities.

BKI is a state agency whose primary task is to audit and review the safety of all ships registered in Indonesia.

According to the bureau's records as of December 2009, there were about 5,400 ships with valid BKI safety certificates, while the certificates of another 4,000 vessels had expired. A BKI certificate is valid for five years.

Johnson Sutjipto, chairman of the Indonesian National Shipowners Association, said it was waiting for a regulation from the government requiring ships to go through the BKI certification process before mandating its members do so.

Sunaryo, director general of sea transportation at the Ministry of Transportation, said the 2007 law on sea voyages did not require a ship to have a BKI certification to set sail.

He said ships could also be cleared to sail after passing a safety check carried out by port officials, who then would issue a letter allowing the ship to sail.

Johnson added that not having a BKI certificate did not automatically mean a ship would be involved in an accident.

"Safety can be improved by learning from previous accidents, or from reports from the National Transportation Safety Committee [KNKT]," he said.

Maritime accidents are frequent in Indonesia, a country of more than 17,000 islands. Warnings of high waves and dangerous sea conditions are often ignored by seamen, as is the comfort and safety of passengers.

Armed forces/defense

Army continues to evict retired soldiers over housing shortage

Jakarta Globe - February 8, 2010

Markus Junianto Sihaloho – The military on Monday said the promise of 130 blocks of flats by the State Ministry of Public Housing was not enough to overcome an acute housing shortage that had seen the Army carry out mass evictions of retired soldiers over the last six years.

Public Housing Minister Suharso Monoarfa said on Monday that the Armed Forces (TNI) would be given 130 out of the total 650 housing blocks planned to be built this year.

Speaking after inaugurating a new flat complex at the Army's Special Forces (Kopassus) headquarters in Jakarta, Manoarfa said President Susilo Bambang Yudhoyono had asked him to find ways to fulfill the housing needs of low-income citizens, especially TNI personnel.

Army Chief Lt. Gen. George Toisutta, who also attended the ceremony, said the flats were still not enough to fulfill the Army's needs, adding that a twin block would only accommodate around 50 to 60 soldiers and their families.

Defense Ministry Secretary General Sjafrie Sjamsoeddin had previously said the military needed at least 100,000 new homes for active-duty soldiers and their families.

The military demand for housing has triggered forced evictions of retired soldiers and their families from some military housing complexes.

The latest incident happened last month in East Jakarta, where 300 residents who had built their homes on military land in Cililitan held a rally against a planned eviction by the Army.

The military has been carrying out these evictions at housing complexes around the nation since 2004. It has said that in some cases, the families of the retired soldiers no longer lived in the complexes but had either sold or leased the housing units.

Toisutta said that despite the government's plan to build new housing for soldiers, the Army would continue forcing retired soldiers and their families out to cover the shortfall.

He said that besides helping overcome the Army's need for accommodations, the government had issued regulations that such housing can only be occupied by active military soldiers.

Monoarfa said the government would also try to find ways to help with the housing needs of retired soldiers who were evicted, some of whom had lived in the same home for many years and expected to retire there.

"My father lived in a very modest house in Senen for 31 years before being evicted in 2005," said Vionna Francisca. "My sisters and I were all born and grew up there."

Vionna said her then 65-year-old father received only enough compensation to buy a small one-room house on the edge of North Bekasi, far away from his daughters and his friends.

"Our house and others have been cleared and the land is still vacant," she said. "I don't know what the Army intends to do with it."

Judiciary & legal system

Indonesians register ire over courts with task force

Jakarta Globe - February 12, 2010

Camelia Pasandaran – The country's courts top the list of at least 268 public complaints received by the presidentially- appointed judicial mafia task force since its establishment in December, the task force's secretary general said on Friday.

Denny Indrayana said public complaints received focused on a host of issues, including court rulings, corruption cases and land disputes, as well as poor services rendered by state institutions including the courts, the National Police and the Attorney General's Office.

"Of the complaints received, we are currently reviewing 224 of them," Denny said, adding that of the 268 reports, at least 29 targeted the Supreme Court.

"Another 65 complaint reports target the lower courts. A total of 69 reports target the police and 49 others are aimed at the AGO," Denny said.

The task force was formed to spearhead the war against corruption within state institutions, particularly after recordings surfaced featuring top AGO officials allegedly plotting with case brokers how to fabricate charges against two antigraft commissioners to thwart an investigation into Anggoro Widjojo.

"Complaints we have received on corruption cases amount to 39. We have also received at least 72 cases involving land disputes."

Vowing that it would continue to work towards improving the performance of the National Police, the AGO and the courts, Denny said the task force would also begin to investigate complaints in regard to the use of case brokers to commit tax fraud.

"We will go after those cooking the books at the National Police, the prosecutors' offices, all judiciary offices and the Supreme Court. There are cases where law firms at the end of the year do not submit tax reports and are therefore evading taxes.

One method to combat brokers is to take firm action against law enforcers and advocates who manipulate the payment of taxes. We will be working with the Corruption Eradication Commission [KPK], the tax office within the Finance Ministry and the Financial Transaction Reports and Analysis Center [PPATK]," Denny said.

Febridiansyah from Indonesia Corruption Watch said on Friday that the Task Force was not enough to eradicate judicial mafia practices. "The first thing the president must do is conduct a reshuffle of top officials within the National Police and the AGO," Febridiansyah said.

He explained that an independent body like the judicial mafia task force lacked teeth in regard to following up on public reports over graft, which he said was "a systemic disease" within law-enforcement agencies.

Launched to combat graft, it made its mark this year when it made an unannounced inspection at the Pondok Bambu Women's Penitentiary, where it found certain high-profile inmates, including convicted case broker Artalyta Suryani, enjoying special privileges.

President Susilo Bambang Yudhoyono's programs to root out graft included bureaucratic reform within state institutions, one of them being the Supreme Court which was part of the pilot project for bureaucratic reform in 2007 that saw salary hikes of up to 300 percent to discourage graft.

Up until December, the bureaucratic reform team noted that the Supreme Court had yet to submit its audit results from an independent auditor.

Roy Valiant Salomo, an expert on bureaucracy at the University of Indonesia, warned that the latest reforms missed the mark. "Bureaucratic reform is not only about remuneration," he explained. "The main requirement for bureaucratic reform is a change in mind-set."

Prosecutors told to stop extorting defendants

Jakarta Post - February 12, 2010

Jakarta – Constitutional Court chief Mahfud MD told prosecutors to kick their habit of extorting money from defendants for preferential treatment.

Mahfud said Wednesday he had heard first hand accounts about prosecutors extorting money from the accused, one a veteran journalist Arswendo Atmowiloto.

Arswendo was sentenced to four-and-a-half-years in 1990 after tabloid Monitor, where he was editor-in-chief, released its popularity survey, which ranked Prophet Muhammad 11th just below him.

Mahfud said that defendants were often asked to pay much money to receive decent treatment or facilities while in detention. "I hope that Attorney General (Hendarman Supandji) will do something to stop this demeaning practice," he said.

Don't play politics with perppu, court chief says

Jakarta Globe - February 8, 2010

Camelia Pasandaran – Constitutional Court chief Mahfud MD on Monday warned the government and the House of Representatives against using government regulations in lieu of law, or perppu, for political aims.

"The government and anyone else should not play with the perppu for their own ends," Mahfud said at the Constitutional Court.

"For example, the government might issue a perppu because of its strong position in the House. But then the House, which supports the government, stays indecisive, not deliberating the perppu [into a law], neither rejecting nor approving it for political ends."

His statement came after the court voted to reject a call for a judicial review of the perppu on the Corruption Eradication Commission (KPK) issued last year by the president. That perppu temporarily replaced KPK members who had been charged with crimes.

Mahfud said the demand for the judicial review, filed by a group of lawyers, had been rejected because the constitution does not stipulate that a perppu can be tested against the Constitution.

"Based on the Constitution, the Constitutional Court should only test laws against the Constitution," he said. "The sentence is clear, and it does not mention perppu. The authority of the Court actually is to test the perppu only after it has been deliberated and endorsed by the House."

However, he said the Constitutional Court had no option but to accept any registration of a judicial review against perppus, otherwise it would leave open the possibility for abuses of power and political games that could paralyze the government.

"Perppu could also be abused to paralyze the state institutions by firstly paralyzing the House," he explained.

Mahfud said a perppu should be deliberated at the earliest possible instance by the House but he added that many had remained untouched by the legislative body even after two successive tenures.

"It is dangerous if we leave it for the House to decide, with their own time preference. If we let it happen that way, there might be four or five deliberation sessions with no decision reached by the House."

In addition to the perppu on the KPK, another on the Financial System Safety Net (JPSK) had remained undeliberated since it was issued in October 2008.

That perppu allowed the president to establish the Financial System Stability Committee (KKSK), which decided to bail out Bank Century a month later. The House has so far failed to take a decision on whether to accept or reject the perppu.

"We can test the content against the law, or test the procedure, as it has been a long time since the House did not approve it and [the government] still sees it as valid," he said.

Economy & investment

Finance minister warns of downside risks to economy

Jakarta Post - February 12, 2010

Aditya Suharmoko, Jakarta – The government remains optimistic economic growth will accelerate to 5.5 percent this year but warns of downside risks caused by domestic and external factors, the Finance Ministry said.

In the last three months of 2009, the economy grew at the fastest pace of 5.4 percent, the Central Statistics Agency (BPS) reported, signaling that a recovery might come sooner than expected.

In 2009, the GDP grew by 4.5 percent to Rp 5,613.4 trillion (US$600.63 billion). The GDP was mistakenly printed as Rp 5.6 trillion in the Thursday edition of The Jakarta Post.

"Growth may surpass 5.5 percent [this year] if banks spur lending," Finance Minister Sri Mulyani Indrawati told reporters Thursday. "But I see that banks will likely remain conservative in this quarter and the next. Because of this, growth in the first half may be hampered," she continued.

The central bank said lending might expand between 18 percent and 20 percent this year, up from 10.7 percent in 2009. But uncertain political conditions may curb demand from businesses, Mulyani said, citing a statement by the Indonesian Banks Association.

The minister said that external factors resulted from the decisions made by some major economies to take an earlier exit policy in their stimulus programs. The early exit policy from the stimulus package could hurt the Indonesian economy, she added.

"We need to be careful because many countries will halt their stimulus programs in the second half [of 2010]," said Mulyani.

Many countries have considered raising their interest rates as part of their early exit policy. The higher interest rate, which will cause an increase in borrowing costs, may hurt the flow of investment.

Mulyani said the 2010 state budget was aimed at maintaining people's purchasing power and business confidence as sources of growth. "If external challenges loom larger, sources of growth will be domestic. The source has two factors: consumption and investment," she said.

The minister said investment might begin to materialize in the second half of this year because of a six-month gap from importing capital goods to starting production. "We expect investment [growth] to pick up to 7.2 percent [this year] if banks start to consolidate and business confidence is maintained," she said.

Private consumption is estimated to expand 5.2 percent and government spending 8.2 percent to spur growth.

The government will also create policies to support labor- intensive manufacturing industries to reduce the unemployment rate to between 7.5 percent and 8 percent, and the poverty rate to between 12 percent and 13.5 percent.

Fiscal incentives to support the real sector in 2010

1. Tax; including elimination of luxury tax for high-end manufacturing industries.

2. Energy; including supply of an additional 10,000 megawatts of electricity nationwide.

3. Infrastructure; including land capping and clean water subsidy.

4. Industry and trade; including 24-hour operation of ports and supervision of surge in imports.

5. Other sectors; including support to MSMEs from Indonesia Eximbank.

Source: Finance Ministry

Analysis & opinion

Blasphemy law, a shackle to the Indonesian people

Jakarta Post - February 11, 2010

Tobias Basuki, Jakarta – Indonesia, the third-largest democracy in the world, may be facing gloomy days ahead. In December 2009, the late former president Abdurrahman "Gus Dur" Wahid led a coalition of civil society organizations in filing a judicial review against the archaic blasphemy law (PNPS No. 1/1965). A move to abolish this problematic law would expectedly further consolidate Indonesia's democracy, freedom and harmony.

Unfortunately there is strong resistance from the government and several religious and social groups against this move. Religious Affairs Minister Suryadharma Ali and Justice and Human Rights Minister Patrialis Akbar officially rejected this judicial review.

On Feb. 4, Suryadharma Ali met with leaders of the Islamic Defenders Front (FPI) and Hizbut Tahrir Indonesia (HTI) to talk about the judicial review. This is an unbelievably disappointing move by a government official of his stature.

The FPI is a militant organization and the HTI is a global organization whose aim is to combine all Muslim countries into a unitary Islamic state or caliphate. The HTI is an organization that is even banned and proscribed in many Arab and Islamic countries.

The FPI, and particularly the HTI, should not have a say on matters of the Indonesian people. The HTI does not represent the interests of the Indonesian people and our nation.

The argument proposed by defenders of this blasphemy law, is that the law is meant to maintain harmony and peace among religions. Forgive me for saying this: "It is complete baloney!"

This PNPS No. 1/1965 has been the ground on which the Criminal Code (KUHP), article 156a, rests. This KUHP, instead of maintaining peace and harmony, has been the umbrella under which various militant groups attack, burn and destroy others.

A recent example is the case of Welhelmina Holle in Masohi, Central Maluku, in December 2008. There were accusations and rumors that Holle, an elementary school teacher, had been offensive about a religion in one of his lectures in class.

As a result, a mob ran amok and destroyed 67 houses, a house of worship, and a community building. Hole was put on trial under the pretext of that law.

It is the existence of the blasphemy law that ignites conflict. It does not maintain harmony and peace.

The blasphemy law is just problematic on so many levels. Ironically it appears that many support it.

Newspaper reports regarding the blasphemy law may seem to picture a widespread rejection to the judicial review. But it is important to take this with a grain of salt. Opposition to the judicial review is only proclaimed by heads of institutions and a mob of "radical" groups with loud voices.

Most Indonesians are perhaps rather oblivious or rather ignorant regarding the case. Considering it is not on the headlines and the complicity of jargons used in the case. However, we can be sure if explained properly, the public will want the abolition of the blasphemy law.

Not only is this law problematic sociologically as illustrated above. It is in direct contradiction to our Constitution. Indonesia is a unitary state. The highest law of the land is the Constitution (UUD 1945), and all the laws under it should be in line with the Constitution.

On the same token all the lower laws of the land should also not contradict each other.

An important point to note is: our Constitution protects religious freedom to its citizens as individuals, not the freedom for religious groups to bash on others.

Article 28E on freedom of religion clearly states that each person/human/citizen has the right to choose and believe according to their conscience.

In 2008, Indonesia ratified an International Convention on discrimination and passed a law to abolish Racial and Ethnic Discrimination (UU PDRE). This law rules that no one can be discriminated based on their beliefs, values or rituals that belongs to their group (articles 3, 4).

In short, the antiquated blasphemy law is no longer needed. It violates the Constitution and is also in contradiction to a law of equal stature (UU PDRE).

In 2007, Hudson Institute published a comprehensive study on freedom of religion around the world. The study ranked countries in the same manner as Freedom House's rankings. A country is ranked from 1 to 7, 1 being most free and 7 not free or repressed. Indonesia was ranked at 5 (partly free).

A surprise and disappointment, particularly considering Malaysia was ranked at 4. At that time I did not agree with the classification given by Hudson Institute.

Regardless of the various horizontal conflicts (cited by Hudson as reason for the low ranking of Indonesia), it did not make sense that Indonesia is less free in terms of religious freedom compared to Malaysia. But today, I think Hudson Institute was accurate after all.

Although the blasphemy law case has not hit headlines in local newspapers, the International Community observes us closely. For example, the Beckett Fund for Religious Liberty has submitted an amicus brief in support of the judicial review to the Constitutional Court.

The deterioration or progress of freedom in Indonesia is important not only to Indonesians but also to the world.

We do not and should no longer live in the Dark Ages where blasphemy laws, inquisitions and burning of heretics are part of society. Indonesia is a religious country based on harmony, peace, multiculturalism and acceptance of differences.

It is important for our leaders to realize that without religious freedom, Indonesia cannot move forward.

Many academic studies show the strong correlation between economic growth and religious freedom. The works of Ilan Alon and Gregory Chase "Religious Freedom and Economic Prosperity" and the extensive studies of Grim and Finke are only a tip of the iceberg of evidences showing that religious freedom is important for a country's growth and prosperity.

The decision by the Constitutional Court under Mahfud M.D. will be an immensely important one regarding the future of the nation. It will be a very tough decision, considering the amount of political and organizational pressure on the Constitutional Court.

It should have the courage to make a decision based on what is right, rather than submit to pressure. After all Malcolm Muggeridge once said: "only dead fish swim with the current!"

[The writer, an alumnus from Northern Illinois University, Department of Political Science, is Director of Research and Studies at Institut Leimena.]

Politics of inquiry

Jakarta Post Editorial - February 10, 2010

From its inception we understood that the House of Representatives' inquiry committee into the Bank Century bailout would be a political process rather than an attempt to unearth legal facts.

That the inquiry would be driven by a political objective through political compromise was also understandable.

So when seven of the nine parties in the inquiry in their preliminary conclusions announced that the government's decision to bail out the ailing bank at a cost of Rp 6.76 trillion (US$716 million) was flawed and smacked of corruption, it too was not very surprising.

If the inquiry could not shed new light on facts already known to the press many months ago, we had hoped at the very least that this inquiry in its nationally televised proceedings could become a source of political education for the nation.

Unfortunately we have instead too often been treated to a political embarrassment as decorum and civility gave way to unruly behavior and callous talk bereft of self-respect.

What should have been a congregation of wise appraisements resembled a political wrestling ring acting up for the camera.

Golkar, the Indonesian Democratic Party of Struggle (PDI-P), the Prosperous Justice Party (PKS), the National Mandate Party (PAN), the United Development Party (PPP), the Greater Indonesian Movement Party (Gerindra) and the People's Conscience Party (Hanura) came to a conclusion that will likely place Finance Minister Sri Mulyani Indrawati and former Bank Indonesia governor Boediono, now Vice President – who authorized the bailout – in the political firing line.

While there is still room for negotiation, committee chairman Idrus Marham of Golkar expressed confidence the preliminary findings would become a basis for the final conclusion.

As the Democratic Party cries foul and accuses the coalition of disloyalty, it really only has its own leader, President Susilo Bambang Yudhoyono, to blame for his failure to exert political leadership to resolve the accusations while leaving his two loyal subordinates in the lurch.

Justice must be served. Infringements and lack of prudence need to be corrected.

But punishment for the momentary objective of political expedience can only deteriorate an unnecessary crisis that has spiraled to detract national attention and resources away from the other pressing priorities of the nation.

In other words, will the recommendations to be issued do more harm than good? Are the judgments grudges or are they founded on a corrective effort to avoid future failings?

On the other side, we do not see it of any benefit to throw counter accusations while simplifying the preliminary conclusions as being stirred by businesspeople angered by the government's aggressive move to pursue multi-trillions of rupiah in unpaid taxes.

Mutual finger pointing only proves that neither side is interested in the truth, only in vilifying the other.

There are more important lessons to be learnt that all sides can agree on. Measures that could avoid such mishaps in the future.

The general consensus blames the debacle on Bank Indonesia's lack of prudence in monitoring the bank's health, especially the slack supervision, which allowed three ailing banks – Bank Pikko, Bank Danpac and Bank CIC – to crumble and merge into Bank Century in 2004.

Before a final conclusion, we urge our politicians to truly consider the consequences and ponder implications thoroughly and surmise what they can do about it, rather than what they can do to it.