Made Arya Kencana, Denpasar – The rivalry between a leading taxi operator and a local taxi association on Bali turned ugly on Monday, with hundreds of drivers attacking and vandalizing 14 Blue Bird taxis.

The mob, drivers from the Bali Tourism Service Association (PJWB), went on a violent rampage in Denpasar, damaging vehicles belonging to the Blue Bird taxi company.

"Nine cars were damaged at our office, two in Kuta and three in Sanur," said Teguh Wijayanto, a spokesman for Praja Bali Transportation, which operates Blue Bird taxis in Bali.

The PJWB accuses the company of exceeding the agreed quota of taxis and of unfairly entering the Bali market.

The angry mob also attacked two television journalists and damaged their camera and vandalized the front of the provincial legislative council office. One of the injured reporters, Riadis Sulhi, who works for broadcaster Indosiar, filed a report with the Denpasar police.

Blue Bird is known for its high service standards and security. Many passengers opt to use it because of its reputation for reliability, and because customers are urged to report any problems to the company.

The local associations, in contrast, are sometimes accused of unfair pricing and coercion. Local taxis are often more expensive than Blue Bird.

After the street rampage, the mob took the protest to the governor's office, where they vandalized trees, before moving to the legislative council building. Hundreds of police were deployed in front of the governor's office. They used water cannon to disperse the mob.

PJWB chairman Gusti Made Oka Sukranita said that the company had agreed to limit its taxis to 600 "but now the Blue Bird fleet numbers 750."

Sukranita also said Blue Bird had unfairly entered the market by using Praja Bali Transport and the trade name Bali Taksi, although its emblem and the color of its fleets were those of Blue Bird.

Made Arjaya, of the provincial legislative council, and the head of the Bali Transportation office, Made Santha, met the protesters to discuss the grievances.

"The agreement is for a team to immediately work to put order into issuing taxi permits," Santha said after the meeting. But the protesters still threatened to attack the headquarters of Praja Bali Transport in Denpasar.

Meanwhile, the vice president of the Blue Bird Group, Noni Purnomo, said Bali Taksi had a permit issued by the Bali governor in 1994. She also said the Bali Taksi name and logo, which she agreed was similar to the Blue Bird emblem, had been registered in March 2008.

The Bali chapters of the Alliance of Independent Journalists (AJI) and the Indonesian Television Journalists' Association in Bali condemned the violence. "We urge the association to apologize and pay compensation for the damage," Rofiqi Hasan of AJI said.

President calls on people to unite under Pancasila

Jakarta Globe - June 2, 2010

President Susilo Bambang Yudhoyono on Tuesday marked the anniversary of the official national ideology, Pancasila, by calling on all Indonesians to put country before race and religion.

"I want to remind all of us that despite solidarities, such as the ties of Islamic, Christian, Catholic and Chinese communities, the biggest tie should be nationalism, our nation," Yudhoyono said.

Speaking at the House of Representatives, the president said that although the accelerated pace of globalism was breaking down borders, countries must endeavor to preserve their own cultures. "We should not be more loyal to other ties [which lay outside] of our nation."

Yudhoyono said the decentralization and regional autonomy processes begun during the reform period had left a negative impression of the idea of the nation state, which was forged by founding President Sukarno, the chief architect of Pancasila.

The ideology is a set of five tenets that promote an equal footing for all religions, humanism, decision-making through deliberation, national unity and social justice for all.

"Although decentralization and regional autonomy is positive as a correction to the old centralized system, we also see its negative excesses," he said.

Yudhoyono warned that leaders should set an example by avoiding divisive rhetoric, citing regional elections as flash points of conflict between ethnic or religious groups. "Let's go back to the spirit of Indonesian nationalism and the will to unite," he said.

However, he also said that nationalism should not be a forerunner to xenophobia. "What Sukarno meant about nationalism had nothing to do with being an isolated country or a chauvinistic one, but a nationalism recognizing world brotherhood and a family of nations," he said.

"We should not apply narrow nationalism and see other nations or foreign objects as enemies." Pancasila, he said, was still relevant as an ideology and one that has a place in today's evolving world.

"Let's make Pancasila a living ideology, a working ideology that can be anticipative, adaptive and responsive. Pancasila is not a strict dogma as this would prevent it from becoming responsive to the challenges of the era. It should be able to face current and future challenges."

But Syafi'i Maarif, former chairman of Muhammadiyah, the country's second-largest Islamic movement, said the nation was slowly turning its back on the ideology.

"Don't just implement Pancasila in books, in writings and speeches but then betray it in daily life," he told the Jakarta Globe.

However, he said he was still optimistic that the country would realize Pancasila, allowing different ethnic and religious backgrounds to bond.

"It should start with our leaders, because our people are taking their cue from them," he said. "Leaders should give a good example, [there should be] no corruption or money politics."

Safri Nugraha, dean of University of Indonesia's Law Faculty, told the Globe that the government should also abridge regulations that fly in the face of the core Pancasila principles.

"We need legal reform that will fit Pancasila. Our law must stand for both the rich and the poor. At the moment I see that there are laws which are not impartial," he said.

Safri also highlighted the need to spread the use of the ideology past the confines of a ceremonial day on the first of June. "The United States and European countries use our own ideological principles such as respecting and helping each other and caring about environmental issues. These are actually the principles of Pancasila," he said.

Pancasila's birthday event stirs controversy

Jakarta Post - June 2, 2010

Hans David Tampubolon, Jakarta – President Susilo Bambang Yudhoyono on Tuesday called on the Indonesian people to end the debate on the place of Pancasila as the country's state ideology, saying to do so was "inappropriate, counterproductive and ahistorical".

"Let us stop the debate on Pancasila," the President said in his speech commemorating the birth of Pancasila at the People's Consultative Assembly in Jakarta on Tuesday.

It was the first official commemoration of Pancasila attended by the President and lawmakers at the Assembly. The last time Yudhoyono delivered a speech on the state ideology on the same date was at the Jakarta Convention Center in 2006.

June 1 is the date the country's first president, Sukarno, 65 years ago delivered a speech in which he introduced the word "Pancasila".

The Soeharto-led New Order administration refused to recognize the date as Pancasila day in an attempt to wipe Sukarno from the nation's collective memory.

Pancasila, which literally means "the five pillars", has been a subject of controversy since it was first formulated by the country's founding fathers, who were then often engaged in ideological bickering. It is widely seen as compromise between conflicting ideologies at the time, mainly Islamism, socialism and secular nationalism.

Others considered it to be the brainchild of Sukarno, who they said believed Islam, nationalism and Marxism were complementary.

Yudhoyono expressed his appreciation of Sukarno, saying his "thoughts are always relevant to answer any future challenges."

"Bung Karno said he grasped Pancasila from the soil of Indonesia. Nationalism, according to him, is not an exclusive type of nationalism. He regarded nationalism as the purpose to obtain world unity and brotherhood, so that there is no need for conflict," he added.

The debate on Pancasila was renewed following the downfall of Soeharto in 1998. Today, it is still dogged by controversy.

Even Yudhoyono's visit to the assembly to commemorate Pancasila has drawn criticism from some politicians, who said the official commemoration of the state ideology on June 1 was a political move to favor the Indonesian Democratic Party of Struggle, which is headed by Sukarno's daughter Megawati Soekarnoputri.

AM Fatwa, a politician from the National Mandate Party (PAN), believed Pancasila day was Aug. 18, which is officially Constitution Day.

"The commemoration isn't in line with the Assembly's internal regulations, which say the Assembly leaders can only come together on a formal basis when approved by a joint meeting with the Regional Representatives Council factions," he said.

House of Representatives deputy speakers, Taufik Kurniawan, also from PAN, said Yudhoyono's speech did not necessarily mean that June 1 had been declared as the birth date of Pancasila.

"What happened today is the best solution for all of the country's stakeholders who are still debating about the actual birth date of Pancasila," he told The Jakarta Post over the phone on Tuesday.

Can't buy love? Indonesia thinks foreign men should

Agence France Presse - June 1, 2010

Alarm bells not wedding bells are ringing over Indonesian proposals to demand a 55,000-dollar "security guarantee" from foreign men who marry Indonesian women. Enraged brides-to-be are threatening to flee the country and marry their boyfriends abroad if the government approves the plan, which is part of a wider marriage law reform being pushed by Muslim conservatives and befuddled foreign grooms are asking why they are being targeted when stories of foreign men being exploited by gold-digging women are rife in the Southeast Asian country.

The proposal requires foreign men wishing to wed Muslim women – it will not apply to Christians or Buddhists or Hindus – to put a guarantee of 500 million rupiah (55,000 dollars) into a bank. If the couple divorce, the wife will be entitled to take the money. If they stick together for at least 10 years, they can claim it as "shared property".

"The provision... is intended to protect the rights of women and their children if their husbands neglect, fail to provide for, leave Indonesia secretly... divorce or do anything which harms their interests," the bill says.

Love-struck couples are outraged. "How ridiculous... the government wants to sell me off," sniffed 36-year-old events organizer Roslina, who is planning to tie the knot with her German boyfriend, Christopher, in September.

"My future husband will pay the amount but that's not the point. We'll definitely marry abroad if this becomes law."

A 24-year-old model who declined to be named said she and her boyfriend, also from Germany, were being unfairly discriminated against.

"It looks like the government has no respect for Indonesian women. It's crazy to penalize only foreign men. Why not charge local men who marry three or four wives but can't afford it?" she said.

Her 39-year-old boyfriend, a banker who declined to give his name, said, "It's a clear statement by the government that it owns its people and it sells them on the meat market."

The proposal, spearheaded by the religious affairs ministry, will be sent to parliament for approval by the end of the year, an official said.

The guarantee is designed to stop foreigners entering fake marriages in order to set up businesses or buy property in their wives' names, and to ensure that women are financially secured against divorce, ministry official Nasaruddin Umar said.

"When the women are no longer of use, it's usually goodbye to them," he added without providing figures or research to back up his statement. "Marriage is pure and sacred, it shouldn't be tainted by lust or personal interests. We want to protect our women."

The plan has drawn mixed responses from the country's clerics, women's groups and lawmakers. Clerics in the world's most populous Muslim-majority country have thrown their weight behind the draft bill.

Critics say it will only encourage people to "live in sin" outside of wedlock, leaving women more vulnerable. "I applaud this proposal. We've heard many cases of foreigners marrying our women and then deserting them and their kids with nothing," Indonesian Council of Ulema chairman Amidhan told AFP.

But lawmaker Iskan Qolba Lubis said: "People want to marry because they're in love so why are we making things difficult for them? It's also discriminatory. We wouldn't be happy if other countries did the same to us."

Nia Schumacher of Melati Worldwide, a group which lobbies for the interests of people in mixed marriages, said the proposal would lead to an exodus of "runaway brides"."Or the couples may not register their marriages or skip marriage altogether and co-habit instead. Is that what the government wants?" she asked.

Some women's rights activists say the plan treats women like a commodity and discriminates against foreign men. "We clearly reject the proposal. It lowers the dignity of women and not all foreign men have that much money," Association of Indonesian Women in Multinational Marriages (Srikandi) co-chairwoman Emmylia Hannig said.

"If the basis of the law is to protect women, it should apply to both foreign and local men. There are many cases of local men having several wives and ditching them without giving money," she added.

Roslina said the bill was ruining romances as foreign men walked away from promises. "My friend has lost a potential husband. She and her French boyfriend had been dating for four years and were planning to get married. But I heard the wedding has been postponed indefinitely," she said.

"The man said he's scared to get married because it's unfair that he needs to pay."

Actions, demos, protests...

Walhi says land grabs degrading environment

Jakarta Post - June 7, 2010

Jakarta – The Indonesian Environmental Forum (Walhi) alleges that land grabs by large-scale plantation companies are leading to rapid environmental degradation in West Kalimantan.

Local Walhi activist Hendrikus Adam said plantation companies that are expanding production opening new estates are damaging the most land.

Hendrikus made the statement while addressing a demonstration held in observance of the World Environment Day at Tanjungpura University in Pontianak on Saturday.

Activists at the demonstration demanded that the government stop illegal logging, land clearing and seizure of local community's property. Hendrikus said powerful plantation companies often intimidated locals who resist seizure of their land.

"Ironically, local governments are very generous when issuing new permits for plantation companies to open estates in West Kalaimantan," he said as quoted by Antara.

Walhi's statistics show 6,632 disasters from ecological degradation over the past 13 years.

Sawit Watch, a non-governmental organization that monitors oil palm plantations, has recorded 630 land-ownership conflicts between locals and companies so far this year.

Activist alliance calls for justice and freedom for Palestine

KRjogja.com - June 3, 2010

Yogyakarta – Demonstrators from the People's Challenge Alliance (ARM) held a protest action at the University of Gajah Mada (UGM) traffic circle in the Central Java city of Yogyakarta on Thursday June 3 calling for the world's people to unite against imperialism for the national liberation of Palestine.

Action coordinator Yuni stated that the Israeli blockade is an effort to weaken the Palestinian people's struggle. To this day however, international institutions such as the United Nations and countries such as Indonesia have failed to take a firm stand to accelerate the peace process in Palestine.

"It needs to be understood that the conflict that is taking place between Israel and Palestine is not a religious or racial conflict. Rather it is a conflict of interests over the control of strategic economic assets by international imperialists through Israel as its puppet", said Yuni.

According to the group, the national liberation struggle against imperialism must be directed towards a class struggle by means of destroying the oppressor class, so the majority class can take a position of power in order to build economic prosperity, social justice, political democracy and cultural participation for the Palestinian people.

"A united people's movement must lead the fight for power in Palestine along with building international unity against imperialism. This is because freedom for Palestine will not come by itself but rather though the efforts of its own people, namely a movement that is not compromised, opportunist nor a terrorist movement", they asserted. (Ran)

Notes

Similar actions were held in Jakarta, Samarinda (East Kalimantan) and Ternate (North Maluku) on June 5. Solidarity actions for justice and Palestinian freedom were also organised in four Indonesian cities by the ARM Yogyakarta, the Center for Student Mobilisation for National Liberation (PEMBEBASAN, formerly LMND- PRD) Perempuan Mahardhika (Free Women), the Political Committee of the Poor-Peoples Democratic Party (KPRM-PRD), the Political Union of the Poor (PPRM) and the Indonesian Labour Movement Union Preparatory Committee (KP-PPBI).

[Translated by James Balowski.]

Anti-Israel protests to 'rock' US Embassy and UN office today

Detik.com - June 3, 2010

Reza Yunanto, Jakarta – Anti-Israeli demonstration will continue to rock the capital city today. The United States Embassy and the United Nations representative office will be the targets of demonstrators.

According to information from the Metro Jaya regional police Traffic Management Centre (TMC) for Thursday June 3, the first demonstration against Israel triggered by the arrest of activists on the Freedom Flotilla humanitarian mission will be held by the United Islamic Youth Community (PPUI).

Protesters from the PPUI will hold a demonstration at the Hotel Indonesia traffic circle between 6-10am. Source of people are expected to take part.

The next protest action will be organised by the Palestine Student Alliance of Concern (AMPP) at 9am in front of the UN representative office on Jl. MH Thamrin in Central Jakarta.

The Justice and Prosperity Party (PKS) Jakarta Regional Leadership Board will hold a similar action in the afternoon between 1-4pm. The PKS protesters will gather near the Horse Statue at the Indosat traffic circle on Jl. Medan Merdeka Selatan. Hundreds of demonstrators are expected to join the solidarity action.

Following on from this, protesters from an alliance of several different organisations will hold a solidarity action against Israel's attack on Palestine at the US Embassy on Jl. Medan Merdeka Selatan. The demonstration will begin at 12noon. (Rez/Ari)

[Translated by James Balowski.]

Students demand UN intervene in Israeli attack

Jakarta Post - June 3, 2010

Semarang (Central Java) – Dozens of students protested against the humanitarian aid group attack, demanding the UN Security Council stop Israeli aggression.

They brandished posters with slogans such as, "Jews Go to Hell", "Safe Palestine, Israel Uncivilized."

The posters referred to the Israel attack of the Mavi Marmara ship, which was on its way to blockaded Gaza with freight of humanitarian aid.

As many as 16 activists were killed during the raid. Dozens, including one of 12 Indonesian volunteers, were injured.

Rally coordinator Ibnu Dwi Cahyo said the attack was by no means justifiable. "We condemn the incident. The Indonesian government should urge the UN to stop Israeli arrogance," he said.

Aceh

Hasan Tiro's last wish: Peace

Jakarta Globe - June 3, 2010

Peace in Aceh was Tengku Hasan Muhammad di Tiro last wish before he died at the age of 84 on Thursday, his trusted aide Farid Husain said. "He asked for peace to be developed in Aceh. That was the main reason he returned to Indonesia and wanted to be a citizen," Husain told Metro TV.

Hasan Tiro's condition had deteriorated since Wednesday night. He had breathed with the help of a respirator for the past 10 days at Aceh's Zainul Abidin Hospital. "Hasan Tiro's health continued to drop. His blood pressure was very low," said Dr. Andalas, the hospital's deputy director.

State officials, including former Vice President Jusuf Kalla, expressed their grief over his death. "I send my deepest condolences to Hasan Tiro's family," Jusuf Kalla said. Kalla had a close relationship with Hasan Tiro, stemming from peace negotiations between the government and the Free Aceh Movement (GAM), which Kalla led.

More than 25,000 people were killed in the nearly 30-year armed conflict between GAM and the Indonesian military. Tiro himself was injured in 1977 and went abroad, landing in Stokholm, where he lived for almost 30 years. In the first years of Suharto's New Order, violence seemed to lull in Aceh, but vague reports of an increasingly intense conflict between the government and rebels continued to emerge.

The province was virtually shut off from the outside as armed conflicts took their toll not only on the lives of many Acehnese, but also on the Sumatra's economy. Suharto's downfall brought change to the province as President BJ Habibie halted military operations.

Later, however, President Megawati Sukarnoputri would resort to using the military once more to stamp out smoldering anti- government sentiment in the province. It was under Abdurrahman Wahid, known to the public as Gus Dur, in 2002 that the central government initiated peace talks with GAM leaders. Kalla, who was then state minister for people's welfare, led the negotiations, but made little progress.

While efforts to create peace continued, a powerful earthquake and tsunami brought Aceh to its knees on Dec. 26, 2004. More than 200,000 people were killed and hundreds of thousands of others injured. Both sides agreed to a cease-fire to allow humanitarian work.

As aid poured into the province, Tiro proposed new rounds of talks, to be mediated by former Finnish President Martti Ahtisaari, a 2008 Nobel Peace Prize laureate and UN diplomat who helped end the Kosovo war. Ahtisaari brokered a peace deal that was signed in Finland, and in 2005 Indonesian soldiers left Aceh as independence fighters laid down their weapons.

West Papua

Forest areas in Indonesia's Papua province said to be shrinking

Radio New Zealand International - June 7, 2010

Papua's Forestry Office says the forested areas in the Indonesian province are shrinking even further.

Marthen Kayoi told the Jakarta Post that rampant infrastructure development activities and the formation of new regions across the province is the cause of the problem. He says he estimated the province's forested areas had declined from some 31.5 million to 28 million hectares.

Marthen Kayoi made the comments following a Papua forestry development coordinating meeting in Timika. He says the coordinating meeting is part of their effort to evaluate the whole Province's forestry programme and draw up technical plans for the governor to issue a bylaw.

Papua is covered by the largest expanse of intact tropical rainforest, or some 24 percent of Indonesia's total remaining forested area.

Police headquarters vandalized in Nabire due to misunderstanding

Jakarta Post - June 7, 2010

Jakarta – Due to a misunderstanding, a group of people in Nabire regency, Papua, vandalized Topo police headquarters on Monday. Papua Police spokesman Adj. Sr. Comr. Wachyono confirmed about the incident but said no casualties were reported.

"It (the incident) was caused only by a misunderstanding between local people and the police," Wachyono said as quoted by the kompas news portal.

He explained that about 30 Ekari tribe members went to the police headquarters upon hearing one of their community was beaten to dead by the police.

They got increasingly angry as they did not believe the police's explanation that what they heard was untrue. Some of them later attacked the police office with stones and even beat police officers who tried to give them explanation.

However, the dispute did not take place for a long time as the tribe members could be ordered to disperse, Wachyono said, adding that additional police personnels had been sent from Nabire capital, which was located 100 kilometers away from the incident site, to help maintain security.

Papua - Indonesia's last frontier

The Economist - June 3, 2010

Indonesia is a democracy. But many Papuans do not want to be part of it.

The hotel provides free mosquito repellent and closes its pool bar before dusk to prevent guests from contracting malaria. The former Sheraton still offers the best accommodation in Indonesia's little-visited province of Papua, catering mainly to employees of its owner, Freeport-McMoRan, an American mining giant. Freeport protects its staff from more than malaria. Since July 2009 a spate of mysterious shootings along the road linking the hotel in Timika to the huge Grasberg mine up in the mountains has killed one employee, a security guard and a policeman and wounded scores of others. Workers are now shuttled from Timika to the mine by helicopter.

Before the pool bar closes, a jolly crowd of Freeport employees have their beers stored in a cool box. They take it to one of the – mostly dry – seafood restaurants in town. As in the rest of Papua, all formal businesses are run by Indonesian migrants who are predominantly Muslim. The mainly Christian Papuans sit on the pavements outside selling betel nuts and fruit.

"We are not given licences to run a business," says a young Papuan independence activist who does not want to be named. He sits in a car with two bearded guerrilla fighters of the West Papua Revolutionary Army, the militant wing of the Free Papua Movement (OPM). For more than 40 years the OPM has fought a low- intensity war to break away from Indonesia. Partly because of restrictions on reporting it, this is one of the world's least- known conflicts. It is getting harder to keep secret.

Unlike its independent neighbour, Papua New Guinea, which occupies the eastern half of the vast island, the western part used to be a Dutch colony. During the cold war the United Nations said there should be a plebiscite to let Papuans decide their future. But Indonesians, the Papuans say, forced roughly 1,000 Papuan leaders at gunpoint to vote unanimously for integration into their country. This "act of free will" has been contested ever since.

The two bearded rebels drive around town to evade security forces. "Indonesia might be a democracy, but not for us Papuans," says one. "They gave us autonomy which is a joke. We are different from those Indonesians. Just look at our skin, our hair, our language, our culture. We have nothing in common with them. We beg President Obama to visit Hollandia when he comes to Indonesia in June to witness the oppression with his own eyes," says the other, using the colonial name for Papua's capital, Jayapura. (America's president is due to visit the country on June 14th.) In the 1960s indigenous Papuans made up almost the whole population of Indonesia's largest province; since then immigration from the rest of the country has reduced their share to about half.

The two rebels do not want to take responsibility for the shootings along the road to the Grasberg mine, but leave no doubt either about their sympathies or their intentions. "The Indonesian shopkeepers, the soldiers and the staff of Freeport are all our enemies. We want to kill them and the mine should be shut," they say. "Grasberg makes lots of money but we Papuans get nothing. When we achieve independence, we shall kick out the immigrants and Freeport and merge our country with Papua New Guinea."

The car draws up in front of the seafood restaurant where the Freeport staff are becoming ever more cheerful, unaware that rebels are watching them. Freeport is the biggest publicly traded copper company in the world, and the Grasberg mine remains its main asset. The complex, the world's largest combined copper and gold mine, is enormously profitable. It provided $4 billion of Freeport's operating profit of $6.5 billion in 2009. The mining facilities are protected by around 3,000 soldiers and police which were supported by Freeport with $10m last year, according to the company. In December 2009 the police shot dead Kelly Kwalik, one of the OPM's senior commanders, whom the police blamed for a series of attacks on Freeport's operations, a charge he repeatedly denied.

Foreign journalists are restricted in their travel to Papua. Your correspondent was lucky enough to slip through the net. In the towns, it is clear that the guerrillas generally keep a low profile. But in the central highlands they are free to operate more openly. This is their heartland. Anti-Indonesian feelings run high because of the sometimes brutal suppression of the OPM by the army.

A well-hidden rebel camp in the Baliem valley – home to a Stone Age tribe discovered and disturbed by outsiders only in the 1930s – lies a few kilometres from a small army base. The guerrillas conduct military training with villagers who use spears, bows and arrows, all without metal heads. Students with mobile phones and video cameras teach the farmers revolutionary rhetoric. They have lost faith in peaceful means of protest and hope to provoke a bloody confrontation that will push Papua on to the international agenda. So far the government has refused to talk to the fractious OPM. Unless it changes its mind, it risks being unable to prevent the young radicals from kicking off a revolution.

Human rights/law

Intelligence bill is 'anti-democracy'

Jakarta Post - June 7, 2010

Jakarta – Lawmakers have acknowledged there are numerous problematic articles in the intelligence bill that require further deliberation.

"Right now, House [of Representatives] members are still working to get input from academics, stakeholders and intelligence institutions," Kemal Azis Stamboel, the chairman of the House's Commission I on security, diplomacy and information, said over the weekend.

He said the current state of the bill raised several human rights issues.

"The purpose of the law is still being questioned," he said. "People still worry about multiple interpretations of some provisions. Some are worried about the return of old practices when state institutions abused their authorities to kidnap [government critics]."

Kemal might have been referring to events that preceded the fall of former president Soeharto, when the Army Special Forces (Kopassus) kidnapped political activists. A dozen or so of them remain missing to this day.

Legislator Paula Sinjal of the Democratic Party said the extent of the State Intelligence Agency's authority to arrest terrorist suspects was also a crucial issue being hotly debated.

"Critics say that the provisions [on the agency's power to arrest] are against civil rights and evoke the bitter past when democratic movements were suppressed for the sake of national stability. They are afraid that the law could be abused to silence democracy advocates," she said.

Concern about the return of Soeharto-era repression was also voiced by legislator Tubagus Hasanuddin from the Indonesian Democratic Party of Struggle (PDI-P). He said the decision to grant intelligence officers the power to conduct covert arrests was also a major issue in the bill.

Pro-democracy advocates insist arrests should be conducted openly with suspects issued with warrants and allowed legal representation during questioning.

"But the bill justifies covert arrests in intelligence operations... This New Order [Soeharto] era tactic worries us [legislators] and the public alike," he added.

Human rights campaigner Usman Hamid from the Commission for Missing Persons and Victims of Violence agreed the intelligence bill was wide open to human rights abuses and acts of repression.

"The intelligence bill has to be scrapped," he said. "Because there are many things in there that mix up the authorities of law enforcement agencies with those of the intelligence agency," he said.

"There are many dangerous articles that can give rise to violations of human rights because they give the intelligence agency the right to wiretap an individual's communications, such as emails, letters, and freeze an individual's [bank] account," he added.

Usman said he was not convinced the bill – if passed into law – would prove effective against terrorism in Indonesia.

"Terrorism can be curbed by improving coordination between law enforcement agencies and the intelligence agency," he said.

"Trying to stop terrorism by shifting the authority of law enforcement agencies to the intelligence agency will not work," he said. "It will merely cause an accumulation of power and spark conflicts between the two agencies," he added. (map)

Witness body needs more power: House

Jakarta Post - June 5, 2010

Hans David Tampubolon, Jakarta – The House of Representatives' Commission III on law and human rights has proposed a revision of a law that will give more power to the Witness Protection Agency (LPSK).

The decision came after a hearing on Thursday with LPSK leaders, who complained about their lack of authority in the much-vaunted fight against the police for custody of former National Police detective chief Comr. Gen. Susno Duadji.

"Commission III agrees to fully support the LPSK in taking all the necessary steps to formulate an academic approach on the revision of 2006 LPSK Law," said commission deputy chairman Fahri Hamzah, from the Prosperous Justice Party (PKS), at the conclusion of the hearing.

The power of the LPSK as the authorized witness protection institution has come under public scrutiny in recent weeks following its failure to transfer Susno from police detention to its safe house.

Since being ousted from his post, Susno has blown the whistle on the extent of corruption within the police force. Instead of following up Susno's reports, the police have named him a suspect for his part in two bribery cases and detained him at the Mobile Brigade headquarters in Depok, West Java.

During the hearing on Thursday, a number of House legislators, such as Nudirman Munir from the Golkar Party, criticized the LPSK for moving too slowly to protect Susno.

"If something bad happens to Susno, then it will be better to dissolve the LPSK," Nudirman said. "The LPSK should have been more active in protecting him."

LPSK chairman Abdul Haris Semendawai, said the agency had been trying hard to protect Susno from any possible implication after he had exposed corruption in the police force.

"We do not agree with any statement saying that we are not active," he said. "We cannot unilaterally take someone into custody; there has to be an official request from the person who seeks protection."

He added that Susno's protection was not the LPSK's sole respon- sibility, but that of "all related stakeholders".

Haris said there were numerous articles in the LPSK law that needed revision in order to strengthen the agency. "Maybe the revision can provide a more substantial definition of a whistle blower, which is currently unclear," he said.

"The revision must also underline our authority to protect witnesses who are potentially under threat," he added.

"It will be a lot better if we have the authority to take the initiative [to protect witnesses]." Article 28 of the law stipulates that protection can only be given based on the witnesses' request.

The power of the LPSK has come under public scrutiny following its failure to transfer Susno from police detention to its safe house.

Bogor church to complain to UN about closure

Jakarta Globe - June 3, 2010

Armando Siahaan – A Protestant congregation in Bogor, which has been forced to hold services on the street after its half- finished church was sealed by the city administration in April, said it would soon submit a formal complaint to the United Nations.

Ujang Tanusaputra, chairman of the GKI Yasmin Bogor congregation, said on Wednesday that after years of frustration in dealing with the authorities in Indonesia, it would approach the UN's Special Rapporteur on Religious Freedom.

According to Ujang, the congregation, which has more than 300 members, has struggled against the local administration for nine years to secure a permit to allow it to build a church at its 1,720-square-meter property in West Bogor.

He said he believed that the church site had been sealed off in March because of protests by a group of religious hard-liners calling itself the Communication Forum for Indonesian Muslims (Forkami).

Ujang said the church had exhausted all legal possibilities, including filing official complaints with the Bogor administration, the West Java provincial government as well as the police. The church had even brought the case to the State Administrative Court in both Jakarta and Bandung, and both courts had ruled in favor of the church, he said.

But Ujang said its efforts had been "abused and ignored" by the authorities in Bogor.

The Human Rights Working Group said it would facilitate the complaint to the UN. "We are trying to get a UN special rapporteur to come to Indonesia to look at the case," said Hirim Nurliana, a program officer for the group.

But she admitted that such a process would be an uphill battle, as the UN special rapporteur could only come at the invitation of the government. Nonetheless, the HRWG would lobby the government on GKI Yasmin Bogor's behalf, she said.

Bonar Tigor Naispospos, of the Setara Institute for Democracy and Peace, said getting the government to invite the UN delegation would be a tough ask but was "worth a shot."

He said, however, that if more churches facing similar opposition would take concrete steps like what GKI Yasmin Bogor had done, it would not be impossible for the government to take a stand on the matter.

Bonar said the Bogor case was just one of many violations of religious freedom across the country. This year alone, Setara had noted 10 cases related to objections to non-Muslim groups building places of worship, he said.

Late last year, the Wahid Institute released a report into religious freedom that found 35 cases of government violations of religious freedom and 93 instances of community intolerance of churches, with West Java accounting for most of the cases in both categories.

"So far, the government has done very little in resolving these cases," Bonar said.

The HRWG's Hirim said that even if the UN special rapporteur were allowed to investigate the case, it would not mean that punitive measures would be taken against the perpetrators. But Bonar said that even if the recommendations of the special rapporteur did not eventuate in sanctions, it would put pressure on the government finally to take action.

Bonar said that the majority of residents near the church site in Bogor had no objections with its construction, but the administration had been bullied into opposing it by protests from what he labeled as small and intolerant groups.

He even argued that it was very likely that these groups were mobile and responsible for similar protests in other areas. Local authorities, he said, were reluctant to take action against these groups because they needed them for their political support during regional elections.

A promise to adopt rights treaties gets cautious praise

Jakarta Globe - June 1, 2010

Ismira Lutfia – A cabinet minister has promised to sign and ratify an international convention to protect people from enforced disappearance, but critics say it will be meaningless without supporting government action and legislation.

Justice and Human Rights Minister Patrialis Akbar said on Monday his office and the House of Representatives had agreed to fast- track the ratification of all international treaties and conventions on human rights, which are currently not included in the list of high-priority legislation.

Speaking at a seminar on the United Nations International Convention for the Protection of All Persons from Enforced Disappearance, Patrialis said the government was committed to enforcing and upholding human rights, as enshrined in the country's Constitution.

"Involuntary disappearance that is not legally sanctioned under prevailing laws or a court ruling represents an abuse of human rights," he said, declining to say if this meant state-sanctioned abductions were warranted.

The UN adopted the convention in 2006. To date, 83 countries are signatories to it, but only 18 have ratified it. The convention will enter force once it has been ratified by 20 countries. Indonesia is not yet a signatory to the convention.

Jeremy Sarkin, chairman of the UN Working Group on Enforced or Involuntary Disappearances, called on all countries that had not signed or ratified the convention to do so as soo n as possible.

Papang Hidayat, research head at Indonesia's Commission for Missing Persons and Victims of Violence (Kontras), lauded the House for recommending the prompt ratification of the convention, but said it would not ensure an end to state-sanctioned abductions unless it was supported by effective legislation that was retroactively applicable to past abuses.

"However, it will force Indonesia to be accountable to the international community on this issue," he said.

Papang also called on the government to sign and ratify the convention as proof of its human rights leadership in the Southeast Asian region.

Ifdhal Kasim, chairman of the National Commission on Human Rights (Komnas HAM), also urged Indonesia to sign the convention.

The UN's Sarkin, however, said that merely signing the convention was not enough. "Signing a treaty is often done to create the perception that there is a commitment to deal with that particular issue," he said. "That is not always the case."

Sarkin said that for the convention to be a success, individual countries had to pass domestic laws specifically dealing with the issue of enforced disappearances.

"States should enact legislation that criminalizes enforced disappearance, from the person ordering the behavior to the person carrying out the action," he said.

The UN working group's 2009 annual report said that enforced disappearances were still occurring in 100 countries, including 30 countries in Asia.

Mary Aileen D Bacalso, the secretary general of the Asian Federation Against Involuntary Disappearances, pointed out that no country in Asia had a domestic law criminalizing enforced disappearance.

"This is also compounded by the reality that there are only a few Asian countries that have national human rights institutions, while most Asian countries have no effective judicial system to prosecute perpetrators, thus perpetuating impunity," she said.

Activists want action on disappearances

Jakarta Post - June 1, 2010

Jakarta – Both Indonesian and international activists are pressuring the Indonesian government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.

"Indonesia has a large number of cases related to enforced disappearance, which the government has failed to address," Usman Hamid from the Commission for Missing Person and Victims of Violence (Kontras) said Monday at the 4th Congress of the Asian Federation against Involuntary Disappearance (AFAD).

He said that past military actions were believed to have led to violations of human rights, including the enforced disappearances of some people in Indonesia.

"The ratification is important for Indonesia as a beginning of an attempt to eradicate enforced disappearances," the Chairman of the Witness and Victim Protection Agency (LPSK) Abdul Haris Semendawai said, adding that it was also important to legally recognize enforced disappearances as crimes by establishing a national law.

AFAD secretary-general Mary Aileen Bacalso explained that eradicating enforced disappearances was urgent to save precious lives, especially in Asia and Indonesia where many cases had happened.

According to the 2009 the United Nations Working Group on Enforced or Involuntary Disappearances (UNWGEID) Annual Report, enforced disappearances are still occurring in 100 countries, 30 of which are in Asia.

The UNWGEID chairman Jeremy Sarkin emphasized that enforced disappearances were among the worst human rights violations ever carried out by governments against citizens. "It turns humans into non-humans." he said.

"It infringes on many human rights at the same time, including the right to life, the right not to be tortured, the right to dignity, the right to a fair trial and the right of access to justice," Sarkin said.

He explained that governments often used it to punish or silence opposition groups or individuals.

"There is a lack of binding law and it is hard to prove," Sarkin said, explaining why eradication was difficult. He added that some governments rejected the idea of establishing laws on this as well being against ratifying the Convention.

In 1980, the UN set up a Working Group to channel information between victims or family members and the government about enforced or involuntary disappearances.

In 1992, the UN adopted a non-binding universal standard in the Declaration on the Protection of all Persons from Enforced Disappearance. The UN then adopted a legally-binding instrument in the International Convention for the Protection of All Persons from Enforced Disappearance on Dec. 20, 2006. The Convention was then opened for signatures on Feb. 6, 2007.

By December 2009, 83 states had signed the Convention, while 18 had ratified it. The Convention becomes a legally-binding international treaty once ratified by 20 countries.

Among the 18 countries which have ratified it only one, Japan, is from Asia. The others are Albania, Argentina, Bolivia, Burkina Faso, Chile, Ecuador, Germany, Mexico, Nigeria, Honduras, France, Senegal, Spain, Cuba, Kazakhstan, Uruguay and Mali. "We are eager to ratify the Convention," the human rights director general at the Justice and Human Rights Ministry, Harkristuti Harkrisnowo, said. (ipa)

Labour/migrant workers

Task force to enforce Malaysian work ban

Jakarta Globe - June 6, 2010

Nurfika Osman – The Manpower and Transmigration Ministry has set up a task force to curb the number of migrant workers heading to Malaysia in breach of a government moratorium on sending local laborers there.

"We will deploy officials to the recruitment and embarkation points for such workers in order to ensure the correct processing of sending them and mete out sanctions to those sending workers illegally," Minister Muhaimin Iskandar said on Sunday.

He said a recent letter of intent adopted by both countries only provided protection to Indonesians working in Malaysia legally, and thus was not applicable to those taking the back door. Muhaimin also said recruitment processes for migrant workers would be overhauled.

"We have advised regional administrations and other authorities to be more stringent about issuing the relevant documents to migrant workers," he said.

The agencies involved in the process to issue ID cards, medical cards, passports and certificates of competency include manpower and transmigration offices, the police, immigration offices and migrant labor placement agencies.

Muhaimin said Indonesia and Malaysia would establish a joint task force to implement the letter of intent. "We're trying to improve the mechanism through which we send workers there, based on the 2004 Placement and Protection of Indonesian Workers Abroad Law," he said.

Muhaiin added that both countries were also setting up an integrated information system accessible to officials on both sides.

"We'll also continue to intensify the coordination between related parties at regularly scheduled meetings to evaluate worker placement management," Muhaimin said.

The letter of intent is a prelude to an expected wider-reaching agreement that Muhaimin said would be finalized within two months. It was signed by Muhaimin and Malaysian Home Affairs Minister Hishammuddin Hussein on May 18 in Kuala Lumpur.

The agreement secures migrant workers' rights to one day off a week and to retain their passports. But it stipulates that both countries will seek to set a minimum wage based on market prices, despite Malaysia's recognition of salaries based on quality of work.

Activist Anis Hidayah of Migrant Care has told the Jakarta Globe: "It would be a big risk for the workers if there was no stipulation on their minimum wage. It would be unfair for them if their wages were based on the market price."

She said there needed to be a minimum wage to prevent them being underpaid or treated unfairly.

Anis urged the government to keep pushing for a minimum wage because "a standardized salary is part of a migrant worker's rights, otherwise this could lower their bargaining position."

The agreement was expected to end Indonesia's year-long moratorium on sending migrant workers to Malaysia, which came after a string of cases of Indonesians being abused by their employers.

Muhaimin said there was no set deadline for the agreement, but he expected it to be signed within two months.

Indonesian workers demonstrate on May Day

Direct Action - June 2010

James Balowski, Jakarta – Worker, student and non-government organisations commemorated May Day across Indonesia, taking up a range of themes. The rallies proceeded peacefully in most cities, but clashes and arrests were reported in Jakarta.

On Bali, the Tempo Interactive website reported, workers and NGO activists from the Solidarity Challenge Alliance protested in the island's capital, Denpasar, condemning mass dismissals and the widespread use of contract labour and outsourcing. Action coordinator Saiful said that 100,000 workers were laid off in 2009, and this year is expected to be even more savage following the ASEAN-China Free Trade Area (ACFTA) agreement coming into effect, which will flood domestic markets with cheap products and threaten local small and medium enterprises.

In the West Java capital, Bandung, more than 1000 labour and peasant activists rallied at the governor's office. "Today... commemorates the workers' struggle to obtain an eight hour working day, eight hours' rest and eight hours with the family", Indonesian Trade Union Congress Alliance (KASBI) West Java regional coordinator Sudaryanto told Tempo. A group of women workers also demanded equal treatment with their male colleagues. "Women workers are oppressed from two sides, by the patriarchal system and the capitalist system", said Diah Septi Tresnati from the Indonesian Labour Movement Union Preparatory Committee.

Tempo reported that workers at the Koja Container Terminal in North Jakarta marked May Day with a three-day strike that paralysed the port. Union secretary Tedy Herdian said that all 485 employees had joined the strike. An attempt by management to transfer activities to the nearby Jakarta International Container Terminal had failed because of solidarity with the strikers from the union there.

'Replace the system'

In the South Sulawesi provincial capital of Makassar, students from the United Anti-Global Neoliberalism People's Movement for a Makassar Revolution demonstrated in front of the Panakkukang shopping mall, saying it was a representative of neoliberalism and the oppression of workers. Around 1000 workers from KASBI, the Alliance of Independent Journalists (AJI) and the Political Union of the Poor (PPRM) demonstrated under the slogan "Replace the regime – replace the system". "The SBY-Boediono [President Susilo Bambang Yudhoyono-Vice President Budiono] regime is a government that bends over in submission to the interests of capitalism, the evidence being low wages... and the country's natural resources that are sold off to foreigners", KASBI coordinator Muchtar told Detik.com.

Thousands of students, workers and NGO activists in the North Sumatran city of Medan marched through the main streets handing out leaflets and then held a sit-down at a major intersection. The demonstrators' speeches urged the government to make May 1 a national holiday and opposed the use of contract labour. In the East Java city of Mojokerto, 5000 workers protested at the regional parliamentary and government offices. According to Tempo, in addition to calling for revisions to social security and worker insurance laws, they condemned arbitrary dismissals and called for the government to stop siding with employers. In Jombang regency, thousands of demonstrators from the Workers Challenge Alliance (ABM) took to the streets demanding an end to labour outsourcing.

Tempo reported that journalists in the South Sumatran city of Palembang opposed union busting, mass dismissals, low wages and the use of contract labour and outsourcing in their industry. Organised by the South Sumatra Reporters Forum, the action was supported by AJI, the Indonesian Journalists Association, the Association of Indonesian Television Journalists, the Indonesian Multimedia Journalists Union and the South Jakarta Journalists.

According to the May 1 Kompas daily, a protest by 100 activists from KASBI, the Indonesian National Students Movement (GMNI) and the Mining Trade Union Workers Challenge in the East Kalimantan city of Samarinda centred on the governor's office, calling for wage increases and the repeal of anti-worker regulations. They raised concerns about the ACFTA, special economic zones and proposed revisions to workers insurance and the industrial disputes law.

Hundreds of workers and activists of the National Trade Union (SPN) in the Central Java capital of Semarang called for improved welfare and labour conditions. According to Detik.com, a similar action involved 200 people from the People's Struggle Front (FPR), the Indonesian Youth Student Front (FPPI), the National Student League for Democracy, the Islamic Students Association and the Legal Aid Foundation.

Also in Central Java, Detik.com reported, hundreds of workers held a free speech forum in Solo, rejecting the ACFTA and electricity rate hikes. They demanded better social welfare, decent wages, freedom of association, the development of national industry and the abolition of contract labour and outsourcing. Around 1500 workers in nearby Boyolali also demonstrated against the ACFTA.

Tempo reported that May Day in the Central Java capital, Surabaya, was joined by students from the November 10 Institute of Technology Student Executive Council, the GMNI Surabaya and the Surabaya National Student Front (FMN) calling for President Yudhoyono and Vice-President Budiono to resign.

Demonstrators from ABM East Java called for social security and for the government to abolish contract labour and strengthen labour supervision. Hundreds of protesters from the Yogyakarta Labour Alliance, Detik.com reported, demanded the abolition of contract labour, wage increases and the designation of May 1 as a national holiday. The workers also rejected the ACFTA, saying it will result in more mass dismissals. A number of separate protest actions in Yogyakarta were also held by the FMN, the FPPI, the FPR and the Kulonprogo Beach Land Farmers Association.

Jakarta clash

The capital had the biggest turnout, thousands of workers converging on the State Palace in central Jakarta after marching from strategic points around the city. Police said about 15,000 officers were deployed as protesters gathered before marching to the palace shouting "Replace the regime, replace the system. Workers take power for the people's prosperity."

According to Mahardika News blogsite, some 5000 workers from the ABM marched from the Hotel Indonesia traffic circle to the State Palace shouting anti-government and anti-capitalist slogans such as "SBY-Boediono are capitalist lackeys, overthrow them; overthrow the political elite; power to the people; women workers unite and fight for equality and prosperity". During the march speeches were given by organisations including the Jaringan Nasional Perempuan Mahardika (JNPM, National Network for Women's Liberation). Spokesperson Sharina declared JNPM's full support for the working-class struggle and its readiness to join with the ABM to fight for the liberation of women and the Indonesian people. Sharina also emphasised the importance of women struggling and organising to fight against capitalism. The marchers also carried a huge poster reading, "The solution for Indonesia: Build national industry, nationalise vital national assets under the people's control, repudiate the foreign debt and fight corruption".

Arriving at the State Palace, the ABM joined up with the 1992 All Indonesia Trade Union and set up a platform for joint speeches. Representatives from the Indonesian Student Secretariat, the SBTPI, the Solidarity Alliance for Labour Struggle, the Greater Jakarta Workers Federation of Struggle, the Indonesian Struggle Union and the Union for the Politics of the Poor also spoke. The common thread was that the central problem facing the working class is the capitalist system, which is supported by SBY- Boediono and the political parties in parliament.

Berdikari Online reported that, from early morning, workers from the Indonesian Metal Trade Workers Federation, the SPN and the Indonesian Association of Trade Unions had been gathering in front of the palace. In addition to health care guarantees and social welfare, they called for a trustee commission to replace the Social Insurance Management Agency.

Towards afternoon another wave of demonstrators began arriving from groups such as the KASBI, the Anti-Corruption Youth Action Committee and the FPR calling for wage increases, the abolition of contract labour and the cancellation of the ACFTA. They were followed by demonstrators from the May One Movement 2010, an alliance of 36 unions and organisations under the Indonesian People's Opposition Front. Calling for the nationalisation of all mining, oil and gas companies, plantations and other strategic assets for the welfare of the people, the group also set fire to a huge rat effigy. After police arrested two protesters for allegedly provoking the demonstrators to move closer to the palace, workers pushed against barricades and threw wooden planks, rocks and other objects at police. Police used a water cannon but the workers fought back, throwing bottles, wood and other items found in the street. Eventually coordinators calmed the protesters and the demonstration continued peacefully. Detik.com said that three protesters were arrested in all.

Indonesian workers flow to KL, despite labor ban: Officials

Jakarta Post - June 4, 2010

Dicky Christanto, Jakarta – Every three months at least 500 Indonesians travel to Malaysia and start work illegally, despite Indonesia's ban on allowing informal workers to migrate to the neighboring country, says a Foreign Ministry official.

"If the government fails to prevent them from going to Malaysia, it will weaken Indonesia's position at the current talks with the Malaysian government over the rights of workers," Indonesian Ambassador to Malaysia Da'i Bachtiar told reporters in Jakarta on Thursday.

Indonesia last year halted informal workers, mostly domestic workers and plantation laborers, from migrating to Malaysia after reports surfaced of violent abuse of Indonesian housemaids in the country.

Indonesia is negotiating a memorandum of understanding (MoU) with Kuala Lumpur that will protect Indonesian maids.

Manpower and Transmigration Minister Muhaimin Iskandar said that the administration would tighten supervision of the flow of illegal workers, but it would be difficult because of the many ways people could reach Malaysia. "We have to have eyes and ears at dozens of [potential] entry points, but we will do our best," Muhaimin said.

Illegal Indonesian workers in Malaysia use normal passports instead of special migrant worker passports and it is "hopeless" to try to locate or track them, said Teguh Wardoyo, the director for justice and protection of Indonesian nationals at the Foreign Ministry. "These people have used normal passports to find jobs," he told The Jakarta Post.

Anis Hidayah of Migrant Care said she was critical of the government's handling of migrant worker problems. One obvious example is a serious lack of monitoring at the country's borders, she added.

"We have witnessed business as usual in the field, as if the policy was never banned. The government seems to have done nothing to track down illegal workers," she said.

Anis said that consistently weak government monitoring would prevent solving migration problems in the field, even if Indonesia and Malaysia sign an MoU.

Environment/natural disasters

Greenpeace urges Indonesia to broaden forest moratorium

Agence France Presse - June 3, 2010

Greenpeace on Thursday said a promised moratorium on deforestation would have little impact on Indonesia's huge carbon footprint unless it is extended to existing concessions.

The environmental group also urged President Susilo Bambang Yudhoyono to begin the moratorium immediately instead of next year to prevent major new concessions being granted in the interim.

"The destruction of forests is still massive. President Yudhoyono needs to act fast," said Greenpeace Southeast Asia forest campaigner Zulfahmi.

Yudhoyno announced the two-year moratorium in Oslo last month, cheering environmental activists but sending shudders through the country's massive palm oil industry blamed for much of the country's forest losses.

In exchange for verifiable cuts in deforestation, the Norwegian government agreed to provide a billion dollars in aid to help Indonesia preserve its forests.

Environmental groups have welcomed the initiative but say the details remain vague and question whether it will do much good as long as logging continues on existing concessions covering 1.8 million hectares (4.4 million acres).

"Without intervention on existing concessions, the president cannot achieve his commitment to reduce Indonesia's greenhouse gas emissions even by the promised 26 percent with or without international help," he said.

Yudhoyono has promised to cut Indonesia's emissions of climate- heating gases by 26 percent by 2020 and by 41 percent with international assistance.

Experts say Indonesia's forests are disappearing at a rate of about 300 football fields an hour, releasing vast amounts of greenhouse gases blamed for global warming.

A report by a coalition including the BlueGreen Alliance and the Rainforest Action Network released in the United States last month found that 40 to 55 percent of Indonesia's timber is illegally harvested.

It warned that 98 percent of the archipelago's lowland forests could be gone by 2022.

Palm oil firms safe from forest moratorium

Reuters - June 2, 2010

Niluksi Koswanage, Yogyakarta – Contrary to previous statements, the government will not revoke existing forestry licenses for palm oil firms as part of a deal with Norway to preserve rain forests, a government minister and an industry official said on Wednesday.

Coordinating Minister for the Economy Hatta Rajasa said the government had no intention of limiting the expansion of the $15 billion domestic palm oil industry, although it was committed to slowing deforestation.

"We want to keep to our target of 40 million tons of crude palm oil," he said on the sidelines of an industry conference. "We will not take away the existing licenses.

"We have food-security interests and our export earnings to protect, but expansion will be at a sustainable pace for our future generations."

Hatta's statement was the latest attempt to clarify the impact of the moratorium on clearing of natural forests. The two-year moratorium was announced last month as part of a $1 billion deal with Norway to fight climate change.

Agus Purnomo, head of the National Climate Change Council, had said on Monday that some licenses to develop natural forests would be revoked, and said on Tuesday that those would only be revoked if work had not begun at the site.

His statements prompted claims from the palm oil industry that the moratorium would dramatically slow growth, by up to half over the next decade.

However, Indonesian Palm Oil Board (DMSI) vice chairman Derom Bangun said on Wednesday that the government had clarified its intentions. "The government has assured us that the expansion of oil palm estates will continue within reasonable limits," Derom said.

Leaving existing licenses untouched would allow top planters like Singapore-listed Wilmar and Malaysia's Sime Darby to continue developing concessions.

Government tries to calm fears over forest-clearing moratorium

Jakarta Globe - June 1, 2010

Arti Ekawati, Irvan Tisnabudi & Fidelis E Sastriastanti – As producers of coal and palm oil continued to howl, the government on Tuesday offered reassurances that the development of the nation's industries and power infrastructure would not be threatened by the moratorium on deforestation announced during the president's visit to Oslo last week.

Meanwhile, businesses complained about the moratorium, saying there were not consulted or even informed, and warned of falling coal and palm oil output, as well as the effect on the investment climate.

Agus Purnomo, head of the National Climate Change Council, clarified how the government would treat companies with existing permits to develop natural forests and peatlands after worrying businesses on Monday with comments that some of the licenses would be revoked.

On Tuesday, he explained that license holders who had already initiated work on their concessions could continue, while those who did not must relocate but would be compensated with permits for other sites.

"Our goal is to save the remaining primary natural forests and peatlands, not to make life difficult for everyone," Agus said. He added that the government would provide additional information to permit holders regarding their concessions within the next six months.

Meanwhile, Coordinating Minister for the Economy Hatta Rajasa said construction of new power plants and other small-scale developments would continue despite the moratorium. "Sectors that only require small-scale land will still be allowed to continue operating, such as sectors related to infrastructure, meaning power plants," Hatta said.

He also responded to concerns that the moratorium would threaten plans to secure the nation's food supply through agro- development, including the massive food estate planned for Merauke, Papua.

"The new scheme will not affect our food and commodity supply because it will only cover primary forests, and there are about seven million hectares of land outside of these forests that can be used for fulfilling our requirements," he said.

President Susilo Bambang Yudhoyono last week agreed to a two-year moratorium on the clearing of natural forests in exchange for $1 billion in financial compensation from Norway as part of efforts to fight climate change. Indonesia ranks third globally in carbon emissions, mostly from deforestation.

The Indonesian Coal Producers Association (APBI) warned on Monday that the moratorium could cut production, even as national coal demand is expected to double over the next five years. Bob Kamandanu, chairman of the group, told Reuters that the country's new environmental laws were the "biggest issue facing the industry" in Indonesia, the world's largest exporter of power- station coal.

Similarly, the Indonesian Palm Oil Board (DMSI) said the moratorium could cut the industry's expansion rate in half over the next decade.

On Tuesday, Didiek Goenadi, a senior official with Investment Coordinating Board (BKPM), said forests and peatlands that hold large carbon reserves can still be preserved while giving planters an option to swap out to degraded land, Reuters reported.

"We can help save forests and achieve our target of 40 million tons of crude palm oil by 2020. It is achievable," Goenadi said.

The Indonesian Chamber of Commerce and Industry (Kadin) complained on Tuesday that the government did not give the business community advance warning of the moratorium, and said that such unpredictability could hurt the nation's overall investment climate.

"We just knew about the decision in Oslo from the media. There was no publication at all before it," said Adi Putra Tahir, Kadin's acting chairman.

Adi said the chamber did not necessarily oppose the moratorium, and noted potential economic benefits derived the climate change fight. But he questioned the impact on investment, a large part of which goes to developing forested lands for large-scale food crop estates, mining sites and seed oil plantations.

Health & education

Pregnant teens still face stigma, isolation, even death

Jakarta Globe - June 7, 2010

Titania Veda – "My parents told me to stay here until the baby was born," says Diana, not her real name. "I wanted an abortion, but when I found out it was already too late. There was already a heartbeat."

Beneath her pale yellow pajamas, Diana's breasts, exceptionally large for her awkward 13-year-old frame, outsize her five-month- old baby bump. Her heart-shaped face has sprinklings of acne and she rarely shows her buck-toothed smile.

Raped by her neighbor last year, she was placed in a women's shelter in West Jakarta by her family as soon as her pregnancy was discovered in April. To avoid rumors and the social stigma surrounding teenage pregnancy, Diana's family plans to wait a year or two year before bringing the baby back home to raise it within the family.

Despite her traumatic experience, Diana can be considered one of the lucky few because she has made it to a shelter. While there has been a slight increase in sex education and campaigns to prevent teen pregnancies in recent years, there remains a dire need for reproductive health assistance for unmarried pregnant teens.

Limited data, limited services

"Assistance for teen pregnancies outside of marriage is very poor because society has already declared it to be illegal and forbidden," says Hadi Supeno, chairman of the Indonesian Commission for Child Protection (KPAI).

There are an estimated 40 million adolescents in Indonesia aged from 10 to 19, according to the Ministry of Health. Recent surveys have pointed to increased sexual activity among young people, although specific and reliable data on teenage sex and pregnancy is hard to come by.

The communication and information technology minister, Tifatul Sembiring, recently publicized a poll supposedly conducted by the KPAI in 2007 involving 4,500 teenagers in 12 cities aged 14-18. Although there are serious doubts over the veracity of the data, Tifatul said the survey showed that 62.7 percent had engaged in sexual intercourse and 21.2 percent of girls had had an abortion.

"The KPAI survey is only an indication of the behavior of our young people," says Dr. Melania Hidayat, national program officer for reproductive health at the United Nations Population Fund (UNFPA). "Local clinics are the main source for data, and they are very unlikely to have accurate figures."

Perhaps partly as a result of this lack of data, which could hide the extent of the problem, health services for unmarried teenagers who fall pregnant are very limited. Moreover, what few services are available are not easily accessible due to limited health coverage in rural areas, cultural barriers or lack of supporting government policy.

For instance, in 2003, the Health Ministry began the Adolescent Friendly Health Services approach in community health centers, or puskesmas. The AFHS, an affordable youth-friendly service that stresses confidentiality and sensitivity, provides sexual education information to teenagers. However, it is only available in 26 provinces at 1,611 centers – or about 20 percent of all clinics across the country – most of them in urban areas.

Nongovernmental organizations such as the Indonesian Family Planning Association (PKBI) and the Pelita Ilmu Foundation (YPI), which campaigns against HIV/AIDS, also offer counseling for pregnant teens, although it is not a free service. An hour-long session with a counselor costs about Rp 50,000 ($5.45).

Preferred option: Abortion

Of the three logical options open to pregnant teens – keeping the child, which involves living with the stigma that comes with it; putting the baby up for adoption; or going through an abortion, which is illegal except in certain circumstances – the last one appears to be the most preferred.

According to a 2009 survey by the National Development Planning Agency (Bappenas), more than two million abortions are performed every year, with 30 percent involving teenagers. But experts say that if illegal abortions were included, that figure would more than double.

"Abortion is illegal, but what else can you do with an unwanted child?" says Dr. Firman Lubis, chairman of the Kusuma Buana Foundation (YKB), an NGO focused on health and community building.

Abortion is legal when the mother's life is in danger and, as of last year, under the recently passed Health Law, when the mother is a rape victim, such as Diana.

Most groups counseling pregnant teens who wish to have an abortion refer them to places such as the "Raden Saleh Clinics" in Central Jakarta, which is a handful of facilities known for providing abortion services. But because the new Health Law is yet to be fully implemented, clinics such as in Raden Saleh often fall foul of law enforcement authorities.

Even at these clinics, the process of scheduling an abortion requires the pregnant teen to bring her husband as well as proof of marriage. Those who are unmarried are required to bring a copy of their family identity card and a family member.

But having a family member at hand does not provide an environment that encourages a pregnant teen to openly seek help. Shame, fear of reprimand from parents or health staff and the presence of traditional religious and conservative norms make it difficult. As a result, many teens try their own methods for abortion.

"Their friends will tell them to eat unripe pineapples or jamu [traditional medicine]," says Ninuk Widyantoro, a psychologist and chair of the Women's Health Foundation (YKP). "They don't know where to go for an abortion, or else they just can't afford it."

Firman estimates that unsafe abortions account for about 15 percent of Indonesia's maternal mortality rate – one of the highest in Asia, with 228 mothers dying for every 100,000 births.

Overlooked option: Adoption

There is, of course, the adoption option, which would require pregnant teenagers to go through the full pregnancy cycle – nine difficult months that would be hard to hide from their family, friends and curious neighbors, unless she finds a shelter to stay in.

In Diana's case, she found her shelter, which doubles as an orphanage, through word of mouth. Though the shelter has assisted more than 80 pregnant women in the last nine years, only a handful were unmarried teens, according to Yohana, an administrator at the shelter. The reason, Yohana says, is that many teenagers are unaware such shelters exist.

"I didn't know that there were other options," says Cita, not her real name. "I only know of orphanages but not shelters for pregnant women who want to give up their babies. My only options were either to abort or keep the baby."

Cita, who comes from a devoutly Muslim family, was unmarried and in her early 20s when she became pregnant. She was finishing her university thesis at the time and was planning to continue with her master's degree overseas. After a failed attempt to abort the fetus using oral medication, she decided to keep the baby.

Another reason for the lack of awareness about the shelters is because there are not many around. Such shelters are expensive to run, says Inne Silviane, executive director for the PKBI. "They're expensive because from pregnancy until birth, we have to feed the mothers and provide them with good nutrition," she says.

To support a teen through a full term of pregnancy, including checkups, daily meals and birthing, can cost a shelter up to Rp 17 million.

Social stigma

Perhaps the core of this problem is the social stigma attached to unwanted teen pregnancies.

The AFHS program for puskesmas, for instance, is underutilized. AFHS health centers log less than three visits per day, according to a 2009 study conducted by the Peduli Perempuan (Care for Women) network that consists of NGOs dealing with gender, sexuality and reproductive health in rural areas.

At the YPI's youth clinic in South Jakarta, a family member must accompany teens seeking counseling. "They need someone who can support them, because their condition is very unstable," said Usep Solehudin, a YPI program manager. But he admits very few pregnant teens approach the YPI.

Counseling before and after abortion is often required by clinics. But as long as society is reluctant to approach sex education openly, let alone teen pregnancy, counseling will not help, according to the KPAI's Hadi.

"Families are still confused, running scared and ashamed. They feel disgraced," he says. "Pregnant teens attending schools are taken out. Those teens are going through physical changes in puberty, while also experiencing alienation from their community and schools. So it's a big burden."

Ida Wulan, assistant deputy for women's health at the State Ministry for Women's Empowerment and Child Protection, says parents are often reluctant to talk to their children about sex, leading to further isolation for teenagers. "If asked by their children, parents will just say it's taboo," she says.

For young people to open up about their problems, confidentiality from health service providers is essential, says Julie Rostina, a reproductive health consultant at the Peduli Perempuan network. "Confidentiality is needed so the client can talk openly and allow health service providers to make the proper diagnosis and take the right action," she says.

Focus on prevention

Most organizations such as the PKBI focus more on prevention than assistance. "We still help those who are already pregnant," says the PKBI's Inne, although making it clear that the PKBI mainly counsels married couples who experience unintended or unwanted pregnancies.

Inne says dealing with unmarried teens involves strict conditions imposed by the government, particularly requiring parents to attend the counseling sessions.

The PKBI is allowed to provide abortions by trained medical staff, but only within 10 weeks of conception and with parental consent.

"Unmarried teenagers who become pregnant in Indonesia face a very bleak situation," says the KPAI's Hadi. "The mind-set here is that it's something contemptible, that the teens don't deserve assistance. They're outside the system."

While the 1992 Health Law makes no references to adolescent health, the new Health Law, issued in October 2009, includes a chapter on adolescent health, stipulating the government's obligation to ensure young people are able to obtain education, information and services on adolescent health.

But experts such as Hadi are skeptical that the law will ever be fully implemented at the operational level. "The new law is good for education and information," but lacks service terms, he says.

The government, Hadi goes on, will not stir controversy by offending religious and conservative groups.

According to Wahyu Hartomo, assistant to the deputy director for child protection at the women's empowerment ministry, the government aims to strengthen family values.

"We're holding on to our religious values, so pregnant teens have to go to an illegal doctor or dukun [shaman]," he says. "The government doesn't provide assistance."

With or without reinforcement from the government, the reluctance to be open about sex education persists. And parents are not the only ones guilty of it. Diana, who considers her pregnancy an accident, says: "I don't think it's important for kids my age to know about sex, because it's not appropriate for them."

Without proper sex education, teens' health and future at risk

Jakarta Globe - June 6, 2010

Putri Prameshwari – Life for Uni is a little different than most kids her age; at 16 years old she already frequently visits a gynecologist. "A pap smear is not unusual for me," said Uni (not her real name), a student at a private high school in Jakarta.

She said she had been having sex with her boyfriend, who also attends the school, for the past year and now undergoes regular check-ups to make sure she isn't pregnant.

"My parents don't have any idea what's going on, that I bring my boyfriend up to my room every Saturday night. They always go to bed early," Uni said.

Her case underscores fears increasingly confronting Indonesian parents nowadays that their underage children are sexually active.

A limited survey conducted by the Indonesian Commission for Child Protection (KPAI) showed that 30 percent of 100 teenagers surveyed aged 14 to 18 have already had sex.

Factors that may contribute to the trend are the lack of sex education at schools and the reluctance of parents to talk to their children about an issue that is traditionally considered taboo. Even when there is discussion, parents and educators are often faced with kids who tend to resist their advice.

KPAI chairman Hadi Supeno said adolescence was a particularly difficult stage that required equal parts encouragement and firmness from parents. "It's easier to teach children at a younger age, but teenagers are often clueless about nonacademic aspects of their lives," he said.

As an example, Hadi cited lessons on good manners and conduct that were being taught to students in elementary school but were not reinforced in later grade levels. The lack of a consistent method of building character could leave teenagers vulnerable to prohibited activities, Hadi said.

Uni may be one of the smarter teenagers in her case, because she is aware of the health risks that go with an active sex life and is not ashamed to see a doctor regularly.

According to Uni, she was curious about sex and decided to try it with her boyfriend three months into their relationship. "I'm not stupid, though," Uni said. "I browsed the Web for information on sexually transmitted diseases and pregnancy and how to prevent them."

The KPAI survey showed that curiosity among teens was triggered by unfettered access to pornography on the Internet and pirated DVDs.

Prita, not her real name, watched pornographic movies on her cellphone before she had sex with her boyfriend. "I wanted to know how it would feel," said the 18-year-old university freshman from Bandung, who first had sex when she was 16.

Based on conversations within their peer groups, it is unlikely that Uni's and Prita's cases are exceptions. They say that nonchalantly swapping stories with their friends of their experiences is natural and they do not feel embarrassed or guilty.

Prita, who lives separately from her parents in Jakarta, said her only concern was veneral disease. "I'm scared to see a doctor. I'm scared that my parents will find out what I've been doing when the doctor sees something wrong with me," she said.

Usep Solehudin, from the independent youth clinic Yayasan Pelita Ilmu, said sex education needed to be integrated into the school curriculum, but that such a program was farfetched in a traditionally conservative society.

"Teachers still need to figure out how best to broach the subject to their students," he said. "However, the taboo label discourages them from bringing up the topic."

Prita said she had no choice but to learn about sex education elsewhere. "We can get information on STDs and pregnancy on the Internet," she said, "otherwise it's hard to get such information, because sex is still seen as an embarrassing topic."

As access to information grows by leaps and bounds online, parents and educators are beginning to realize that worry and anger are not the best reactions when confronted with the subject of teen sex. "It's now time to deal with the issue," Hadi said.

Outcry grows against 'elite schools'

Jakarta Globe - June 4, 2010

Ulma Haryanto – The chief of an open learning center for the poor and a city councilor have joined critics who say that international-standard schools not only widen the gap between the haves and have-nots but also encourage other institutions to join them, purely for the sake of making money.

Jakarta city councilor Imam Satria said on Friday that since the enactment of the 2003 law on the national education system, the council had received a barrage of requests from state schools seeking to become international-standard institutions.

The law says international-standard schools (SBI) and state schools in the process of attaining international standard (RSBI) can charge students more for the higher-quality education.

"State schools with the RSBI label can actually begin to charge students extra fees in order to attain international standards," Imam said. "In addition, these schools also benefit from a separate grant from the government to help them achieve international standards of education."

Every district or city in the country, according to law, is obliged to turn at least one state school into an international- standard institution, with lessons in two languages, smaller classes and a curriculum integrating national and international educational standards, including adopting a curriculum from a developed nation.

Some observers have demanded that the schools be scrapped because they threaten to price low-income students out of a quality education. "This will actually widen the gap between the rich and the poor," Imam said.

"For instance, we received a request from a state junior high school in Pademangan, North Jakarta. That's ridiculous. The area is filled with families from low-income households. If we turn that school into an RSBI, children in the area would never be able to study there."

Imam added he had received reports that many children in the capital were quitting school because their parents were no longer able to afford the extra fees. "City councilors are working to slow the growth of RSBI schools," he said.

"We are urging the education agency to focus on pilot school projects, and to provide at least one qualified school in every subdistrict instead where talented students can study for free."

Ade Pujiati, chief of an open learning center for the poor managed by the Setiabudi SMP 67 junior high school in South Jakarta, said as state schools competed to attain so-called international standards, children from low-income households ended up with fewer options to attain education at good state schools. They had to rely on good Samaritans to teach them, she said.

"Today my center, the Ibu Pertiwi, has 37 students and 16 volunteer teachers," Ade said, adding that the children all came from low-income households.

"I was inspired to set up the open learning center in 2005 when my foster kids began asking me to pay all sorts of extra fees for their studies, even though the Jakarta Education Agency had put out public service ads on TV claiming that education was supposed to be free."

Government funds, like the School Operational Aid (BOS) and the Educational Operational Aid (BOP), are allocated to Indonesia's open learning centers for the poor.

Ade said the aid her center received was nothing compared to the block grants given to RSBI-labeled schools. "The government may say our country is progressing, but I think we're going backward rather than forward," she said.

According to data provided by Indonesian Corruption Watch (ICW), last year the amount of BOS funding was Rp 525 billion for 3,980 schools and Rp 850 billion for BOP, distributed across 2,545 schools. But a single RSBI school receives a Rp 200 million block grant.

ICW's Ade Irawan said on Friday that the National Education Ministry regarded education as a commodity. "Schools are seen as factories that have to compete with one other in order to receive incentives from the government," Ade said. "Rich people have options. They can go to private schools here or abroad. Poor people can't. They need the help."

Bank Century inquiry

Lawmakers doubt interest of police in Century probe

Jakarta Globe - June 3, 2010

Anita Rachman – Lawmakers on Wednesday said that after meeting with the National Police, they were increasingly convinced that the country's law enforcers were dragging their feet in investigating the Bank Century bailout.

National Police Chief Gen. Bambang Hendarso Danuri told a House of Representatives team monitoring the investigation into the 2008 bailout that police faced difficulties in probing the merger of three banks – PT Bank Pikko, PT Bank CIC Inter-national and PT Bank Danpac – into Bank Century in 2004, because they could not get their hands on original documents.

"It is actually very easy for them to go to Bank Indonesia and ask for the documents. BI cannot refuse the request," Golkar Party lawmaker Nudirman Munir said. "We are afraid that this is part of an effort to buy time."

Nudirman said the investigation into the merger process was crucial because it would lead the National Police to the people high up who were responsible for the scandal. The investigation would also provide information on the green light for the bailout from the central bank.

"It seems that they are trying to cover up all evidence that could lead us to Sri Mulyani and Boediono," Nudirman said, referring to former Finance Minister Sri Mulyani Indrawati and Vice President Boediono.

Several lawmakers from Golkar Party and the opposition Indonesian Democratic Party of Struggle (PDI-P) have repeatedly said that Boediono, then the BI governor, should be questioned and held responsible for the decision to bail out the ailing lender.

Akbar Faisal, from the People's Conscience Party (Hanura), said the House special committee that probed the bailout had worked with copies of the documents provided by the courts.

He said the committee had handed all the documents to the president once it had finished its investigation, and that it was hoped that the president had in turn handed all the documents to the National Police.

"I am questioning the president's commitment to resolve this case," Akbar said. "The mandate was that we would hand the documents over to the president and he would then distribute them to the relevant institutions."

He said he was less than optimistic about a resolution of the case given the current political map and the stronger coalition in support of the ruling Democratic Party. He said many institutions were not cooperative, and there had been political maneuvers to hinder the investigation.

Pramono Anung, a House deputy speaker from the PDI-P, urged the National Police to take concrete action soon on the House recommendations on the bailout probe.

He said there should be a clearer division of tasks among the Corruption Eradication Commission (KPK), the National Police and the Attorney General's Office. He also said that next week the monitoring team would invite all three institutions to sit down together to discuss the case.

After the meeting, Bambang said getting the documents was only a matter of time. "It's still being processed with the relevant institutions, including Bank Indonesia, the Supreme Audit Agency [BPK] and the KPK."

Graft & corruption

Complex Chandra-Bibit case a headache for AGO

Jakarta Globe - June 8, 2010

Heru Andriyanto – The Attorney General's Office has found itself ensnared in complications arising from a legal case involving two antigraft officials whom prosecutors had eagerly pursued before dropping the charges amid public outrage.

Now that a court has ruled the termination of the case by the AGO unlawful, prosecutors seem unable to answer a question directly: Are antigraft deputies Chandra M Hamzah and Bibit Samad Rianto again suspects?

"Going by logic, yes. But we are not saying that," said Muhammad Amari, the deputy attorney general for special crimes, who on Tuesday was surrounded by journalists during his visit to National Police headquarters. "We will deliver our stance after we decide the next measures."

Chandra and Bibit were declared suspects in September for allegedly abusing their powers and committing extortion related to their handling of a corruption case involving graft fugitive Anggoro Widjojo. The AGO immediately accepted the case from police and declared it ready for trial.

However, it was forced to halt the case in December after the Constitutional Court played shocking wiretapped phone conversations indicating a plot to bring down the two and after President Susilo Bambang Yudhoyono called for the termination of the case amid a media uproar.

But the South Jakarta District Court and the Jakarta High Court recently accepted a motion by Anggoro's brother, Anggodo Widjojo, and ruled that the case against Chandra and Bibit must be brought to the court.

So, will Chandra and Bibit be detained because their alleged crimes are punishable by a jail term above the minimum five years, allowing suspects to be locked up during trial?

"Detention is not a must. It applies only when [law enforcers] consider it necessary under a certain circumstance, for example, if they worry that the suspects will flee justice. But if police don't think that way, detention is not necessary," Amari replied, only inviting more questions on whether the AGO was firm toward the principle of equality before the law.

"Yes, it's difficult, someone may have a different opinion from others, so we need to forge a common opinion for the stance of the institution, not individuals," Amari said.

Anggodo, who has successfully persuaded the court to overturn prosecutors' decision to terminate the criminal case against the two antigraft officials, may add another headache to prosecutors because he is currently being tried for attempting to bribe officials of the Corruption Eradication Commission (KPK), including Chandra and Bibit, to clear graft charges from his runaway brother.

If Anggodo is found guilty for bribery, then the charges against them of extorting from Anggoro would have no legal standing.

So, will the AGO wait for the conclusion of graft Anggodo's trial before it decides its stance on Chandra and Bibit? "There is no relevance," Amari said without elaborating.

The AGO has suggested several options in response to the recent court ruling, either bringing the two officials to court appealing against the ruling or using the attorney general's exclusive right to halt the prosecution in common interest, known as "deponering."

While no decision has been made yet, the office cited procedural issues, such as the late delivery of a copy of the verdict, to justify its slow response.

The South Jakarta District Court confirmed on Tuesday that a copy of the High Court ruling had been distributed to prosecutors and Anggodo as the plaintiff.

"Every party concerned has received a copy. The ruling is final and binding, it cannot be challenged through an appeal," South Jakarta District Court spokesman Ida Bagus Dwiyantara said.

Antigraft activist Zainal Arifin Muchtar said the protracted case was due in large part to the undecided stance of Attorney General Hendarman Supandji.

"The attorney general should have issued deponering to put an end to the fiasco. It's more an obligation to him than an authority," Zainal said.

"I fully believe that Chandra and Bibit are innocent, the fact- finding team has suggested the same, the president has shared the same idea and the Constitutional Court has proved that the case was fabricated. What else does the attorney general need to consider?"

Zainal, a law expert at Yogyakarta's Gajah Mada University, said he didn't oppose the trial against the two, but raised concern that the KPK deputy chairmen would need to be suspended if they stand trial, and that could cripple the already shorthanded agency.

"It's a disaster to our antigraft campaign if KPK endures a leadership crisis with the absence of most of its leaders," Zainal said. "I am concerned that the fate of Bibit and Chandra is again in the hands of the AGO, and they are clearly not in safe hands."

Bakrie companies not being probed, police clarify (yet again)

Jakarta Globe - June 7, 2010

Nivell Rayda – The National Police on Monday maintained that there was so far no evidence that businesses linked to Golkar Party Chairman Aburizal Bakrie had bribed an allegedly crooked tax official to avoid paying taxes, even though Aburizal himself has demanded police investigate the claims.

Police spokesman Insp. Gen. Edward Aritonang said former tax official Gayus Tambunan, who is currently being investigated for corruption and money-laundering, had links to a total of 149 companies.

"These are the companies that Gayus handled, and so far four of these companies will be investigated further," he said, stressing that PT Kaltim Prima Coal, PT Arutmin Indonesia and PT Bumi Resources, subsidiaries of the Bakrie Group that were reportedly implicated by Gayus, were not among those being investigated.

In a police report to the House of Representatives, the four companies being investigated were identified as PT Surya Alam Tunggal Sidoarjo, PT Dowell Anadrill Schlumberger, PT Indocement and PT Exelcomindo – none of which are linked to Bakrie family businesses.

Aburizal over the weekend called on police to investigate the bribery allegations raised by Gayus, who reportedly told police detectives last week that several companies linked to the Bakrie Group had bribed him to deal with their tax affairs.

"Was there someone who instructed [Gayus] to issue such a statement?" the tycoon said on Saturday, adding that he believed he had become the target of a smear campaign.

His statement came a day after the National Police did an about- face, saying they had no plans to investigate Bakrie Group companies. The day before, the police chief of detectives, Comr. Gen. Ito Sumardi, said the accusation stemmed from police questioning of Gayus.

The Judicial Mafia Eradication Task Force has also said that Gayus mentioned the alleged Bakrie connection when he surrendered to the task force in Singapore in March.

"We had heard about Gayus's remarks to the task force, but that information has not been received by the National Police," Edward said on Monday. Gayus's lawyer, Pia Akbar Nasution, however, said on Sunday that her client had told the police absolutely everything.

"But I am bound by the ethics of my profession not to reveal the content of an ongoing police investigation," she added. The lawyer declined to comment on reports that KPC, Arutmin and Bumi were tied to Gayus and that they allegedly paid him $7 million to avoid taxes.

"I'm not in the position to confirm or deny those reports, because everything he said was directed to his investigators," the lawyer said.

Indonesia Corruption Watch deputy chairman, Adnan Topan Husodo also said that police should begin investigating Gayus's claims. "Gayus's statement should not be overlooked," he said. "In light of the new testimony, police should launch fresh investigations into the alleged tax evasion and bribery."

No tax probe into Bakrie firms: Police

Jakarta Globe - June 5, 2010

Farouk Arnaz & Irvan Tisnabudi – In an about-face on Friday, the National Police said they had no plans to investigate claims that Bakrie Group companies paid bribes to avoid taxes, despite a recent accusation to that effect by rogue former tax official Gayus Tambunan.

"While it's true that Gayus revealed details of his activities in the tax office, for the time being we've only called in representatives from four companies for questioning," police spokesman Insp. Gen. Edward Aritonang said.

In a police report to the House of Representatives, the companies are identified as PT Surya Alam Tunggal Sidoarjo, PT Dowell Anadrill Schlumberger, PT Indo-cement and PT Exelcomindo.

Edward said the four companies were not linked to the Bakrie conglomerate but were among 149 corporate taxpayers handled by Gayus.

When asked if any of the 149 firms were Bakrie companies, Edward said: "I don't know. I can't recall them offhand. What I know for sure is that we've summoned these four companies, and they're not linked to any group."

He said none of the executives of the four companies had been named suspects in the case.

National Police chief detective Comr. Gen. Ito Sumardi was quoted as saying on Thursday that police planned to question representatives of the Bakrie companies that Gayus claimed had bribed him.

Gayus, who is being investigated for corruption and money- laundering, reportedly told police that several companies owned by the family of Aburizal Bakrie, the Golkar Party chairman, had bribed him to help them deal with their tax affairs.

Edward said Ito was misquoted. "Several news outlets reported on Friday that the National Police chief detective said we would summon executives from these companies for questioning. However, I've checked with Ito and he denied saying anything of the sort."

Also on Friday, Mas Achmad Santosa, a member of the Judicial Mafia Eradication Task Force, said Gayus mentioned the alleged Bakrie connection when he surrendered to the task force in Singa-pore in March.

"We didn't pay much attention to it," Santosa said of the discussion. "Our main focus at the time was to get him home to Jakarta. One of the things he told us was that the majority of his wealth came from Bakrie... [We] made him promise that he would tell police what he had told us."

Bakrie family spokesman Lalu Mara Satriawangsa called the accusations "baseless and untrue."

The interim director of intelligence and investigation for the tax office, Pontas Pane, confirmed on Friday that three Bakrie companies that owed Rp 2.17 trillion ($236.5 million) in back taxes from 2007 had paid the principal amount but still owed a 400 percent fine.

"The three companies [Kaltim Prima Coal, Arutmin Indonesia and Bumi Resources] recently paid their debt," Pontas said.

Dileep Srivastava, head of investor relations at Bumi Resources, said: "Bumi has always complied with the law and regulations i n all that we do. Our tax status is clear, audited and published in the public domain."

Golkar Party lawmaker Nudir-man Munir also brushed off Gayus's allegations. "I believe the whole thing is part of a personal vendetta by tax officials against companies linked to Aburizal," he said.

Taxes have long been rumored to be at the root of a political conflict between former finance minister Sri Mulyani Indrawati and Aburizal, a conclusion she alluded to in press interviews before leaving last month for a job at the World Bank but which has been denied by Aburizal.

Gayus first popped up on the police radar when he was found to have Rp 28 billion in his bank accounts. He was tried for embezzlement, but was acquitted by the Tangerang District Court in March.

The case was resurrected when Comr. Gen. Susno Duadji, the former National Police chief of detectives, alleged that three senior police officers had received bribes from Gayus.

[With additional reporting by Markus Junianto Sihaloho, Nivell Rayda & Muhammad Al-Azhari.]

Chief justice raps AGO over case against KPK's Chandra and Bibit

Jakarta Globe - June 4, 2010

The Supreme Court on Friday joined the chorus of legal experts fingering the Attorney General's Office as the primary reason antigraft deputies Chandra M Hamzah and Bibit Samad Rianto will be tried over extortion charges believed to be bogus.

Prosecutors, the court said, were solely to blame for their half-baked attempts to drop the controversial case last year.

Legal experts have said that if the AGO were serious about dropping all charges against Chandra and Bibit, it would have opted for a much stronger legal principle left over from the Dutch colonial system known as deponering, in which prosecutors drop a case in the common interest even if they possess solid evidence against the suspects. The principle is stronger because it eliminates any opportunity for the allegedly injured party to appeal.

"The only way to stop the legal proceedings and rescue the KPK [Corruption Eradication Commission] is for Attorney General [Hendarman Supandji] to opt for and use the principle of deponering," well-known lawyer Todung Mulya Lubis told the Jakarta Globe.

The AGO instead issued a letter known as an SKPP to halt the prosecutions, for what it termed "sociological reasons," suggesting that bringing deputies to court would be morally harmful rather than beneficial.

The Jakarta High Court on Thursday annulled the AGO's decision to stop investigating the two officials, leaving both Chandra and Bibit to face the possibility of being suspended from the KPK and tried.

Judge Muhammad Ritonga upheld the April 20 decision by the South Jakarta District Court, saying prosecutors must continue their investigation into Bibit and Chandra on charges of abuse of power and extortion linked to an illegal-procurement case handled by the KPK.

Supreme Court Chief Justice Harifin Tumpa said on Friday that the door of opportunity was now closed to the AGO should it want to appeal against the High Court ruling, which canceled out the SKPP. He said the last avenue in a pretrial motion was a High Court ruling.

"The ruling cannot be challenged at the [Supreme Court]. It is final and binding," Harifin said. "If they [prosecutors] wanted to drop the case for sociological reasons, they should have picked [the principle of] deponering."

The Jakarta High Court's decision was based on a lawsuit filed by corruption suspect Anggodo Widjojo, who challenged the AGO's decision to drop all charges against the two KPK deputies. The AGO's withdrawal of the case last year came amid strong suspicion that elements inside the office and he National Police, as well as Anggodo, had fabricated the case to bring down the pair.

Todung suggested that since Hendarman had opted not to pick the better, stronger legal option, Bibit and Chandra should "not beg for it and face the legal process like brave soldiers." He added that Thursday's court ruling was clear victory for those involved in corruption.

Jakarta High Court spokesman Andi Samsan Nganro said prosecutors should have chosen the correct option six months ago. "If this was for the interest of the country, they should have used deponering," Andi said.

Legal expert Chairul Huda also blamed prosecutors for creating an obvious loophole when they issued an SKPP to halt investigations into both deputies.

"The SKPP is open to legal motions," said Chairul, who testified for Anggodo when the businessman challenged the legality of the SKPP and eventually won the case.

The AGO on Friday defended issuing an SKPP, claiming that the principle of deponering would require the approval of the House of Representatives, the court and relevant government agencies.

"The process would have taken anywhere from six months to a year to complete," said Muhammad Amari, deputy attorney general for special crimes, noting that at the time, the public wanted Chandra and Bibit cleared of all charges immediately.

Law lecturer Eddy Hiariej of Gadjah Mada University in Yogyakarta slammed that argument as groundless.

"Exploiting the deponering principle is the exclusive right of the attorney general. What he needs to do is to consult with relevant law agencies such as the National Police or the KPK, and then he can use his arbitrary decision-making power to use deponering," Eddy told the Globe. "There is no law that obliges him to seek approval from the House."

Chairul said the AGO had created new problems in the scandal. "The charges of abuse of power and extortion carry jail sentences above five years, the minimum jail term that allows a suspect to be detained," Chairul said. "And the law says that a KPK official should be suspended once he becomes a suspect."

The KPK lost chairman Antasari Azhar after he was named a murder suspect last year and fired. Antasari was later convicted and sentenced to 18 years in prison. Heru Andriyanto & Farouk Arnaz

AGO weighs up options for KPK pair after high court ruling

Jakarta Globe - June 4, 2010

Nivell Rayda, Heru Andriyanto & Farouk Arnaz – The Attorney General's Office said on Friday that it had three possible responses to the High Court ruling rejecting its decision to halt the prosecution of two antigraft agency deputy chairmen.

"The first choice is to take the two to court," said Muhammad Amari, the deputy attorney general for special crimes. "The second is to implement the 'deponering' principle and the third is to appeal against the ruling to the Supreme Court."

'Deponering,' a legal leftover from the Dutch colonial system, allows prosecutors to halt a prosecution in the public interest. Legal practitioners and law officials have urged the AGO to invoke the principle.

The Supreme Court, however, is unlikely to be an option for the AGO in this case, but the High Court has the final say in pretrial motions.

"We are aware of that, but there has been a legal precedent in which the police challenged a High Court ruling on a pretrial motion lodged by [gold mining firm] Newmont and won the appeal at the Supreme Court," Amari said.

Meanwhile, Deputy Attorney General Darmono said his office could not make a decision until it had officially received a copy of the verdict from the High Court.

"We respect the court's verdict, and before we take the necessary legal measures, we need to examine the case thoroughly to ensure the actions we take conform with the interests of law enforcement and the wider interests of the nation," he said.

National Police spokesman Brig. Gen. Zainuri Lubis said police would provide prosecutors with any help they needed in the case, including arresting Corruption Eradication Commission (KPK) deputies Bibit Samad Rianto and Chandra Hamzah.

"But only if it's necessary," he said. "That's how the coordination works. We're ready to provide any help within the scope of the law."

Under the 2002 Law on the KPK, Bibit and Chandra must be suspended from active duty should they face criminal prosecution, but this can only be decreed by the president.

Denny Indrayana, a presidential adviser for legal affairs, said President Susilo Bambang Yudhoyono would not issue the decree for Bibit and Chandra's suspension until the AGO had decided whether to revive the case.

Denny said Yudhoyono also was mulling several options to resolve the case out of court. "There are several theoretical alternatives that his advisers have briefed him on, including abolishing the case altogether," he said.

University of Indonesia legal analyst Rudi Satriyo said abolishing the case would have massive moral consequences, particularly given the AGO's suspicions about Bibit and Chandra. He added that the AGO could still issue another letter of termination of prosecution.

"The letter of termination rejected by the High Court said the case was being halted for 'sociological reasons,'" Rudi pointed out. "The AGO could issue another citing lack of evidence. That would be legally possible."

The High Court's decision was based on a lawsuit filed by corruption suspect Anggodo Widjojo, who challenged the AGO's decision to drop all charges against the two deputies even though it had a case because "it would be more morally harmful than beneficial to try the two in court."

Constitutional Court Judge Akil Mochtar said the case against Bibit and Chandra could hinge on the outcome of Anggodo's case.

"If Anggodo is found guilty in the Corruption Court, then immediately the case against Bibit and Chandra will start to look shaky," he said. Akil said the legal quandary resulted from the differing takes on the case pitting Bibit and Chandra against Anggodo.

According to the KPK, Anggodo is a suspect for attempting to bribe Bibit and Chandra, while the AGO maintains the businessman is a victim of extortion.

"The court will determine Anggodo's legal standing, whether this is a case of attempted bribery or extortion," Akil said. "This decision will influence the Bibit and Chandra case. If Anggodo is convicted, then the AGO should drop the case against Bibit and Chandra for lack of evidence."

University of Indonesia legal analyst Hasril Hertanto said the best option for the two deputies was to stand trial.

"That way, the public will know for sure whether they're guilty," he said. "By going to court, we can finally also have closure on whether the two were framed by Anggodo."

But Bibit and Chandra's lawyer, Taufik Basari, said putting the two on trial would defy the president's instruction that the case be settled out of court. "The ball is in the AGO's court," he said. "We hope they come up with the best legal solution and drop the case.

"The case against Bibit and Chandra is full of holes. The AGO should not proceed because it would tarnish its reputation."

New ruling may drag Bibit, Chandra back to court

Jakarta Globe - June 3, 2010

Nivell Rayda – Corruption Eradication Commission deputy chairmen Bibit Samad Riyanto and Chandra M Hamzah now face the possibility of being suspended after the Jakarta High Court on Thursday annulled the decision of the Attorney General's Office to stop investigating the two antigraft officials.

Judge Muhammad Ritonga upheld the April 20 verdict by the South Jakarta District Court saying that prosecutors must continue its probe on Bibit and Chandra on charges of abuse of power and extortion linked to an illegal procurement case handled by the commission, also known as the KPK.

The high court's decision was based on a lawsuit filed by corruption suspect Anggodo Widjojo, who challenged the AGO's decision to drop all charges against the two even though it had a case because "it would be more morally harmful rather than beneficial to try the two in court."

The AGO's withdrawal of the case last year came amid strong suspicion that elements inside the office and National Police, as well as Anggodo, had fabricated the case to bring down Bibit and Chandra.

"There is no legal ground to justify halting the case. The prosecutors' office should have abolished the case, which would have had a higher legal merit, instead of resorting to SKPP to stop the case," high court spokesman Andi Samsan Ngaro said, referring to the AGO's right to declare a case unworthy of trial because it lacked evidence.

KPK spokesman Johan Budi said a presidential decree would have to be issued for the antigraft officials to be suspended. "In the meantime, Bibit and Chandra are still considered KPK deputies," he said.

Their lawyer, Bambang Widjoyanto, said his team was ready to go to court. "This is an obscure case with even more obscure charges," he told the Jakarta Globe. "The case is full of fabrication."

The pair can no longer appeal Thursday's decision, but the AGO could still abolish the case against them on a much firmer legal ground. "We are confident that the AGO will make another legal move," Johan said.

According to the 2002 Law on the KPK, Bibit and Chandra must be suspended from active duty should they face criminal prosecution. Thursday's ruling would effectively leave the KPK with only two active commissioners. AGO officials could not be reached for comment.

One of the remaining KPK commissioners, Muhammad Jasin, said the body would continue with its duties.

Gayus 'bribed by Bakrie firms'

Jakarta Globe - June 4, 2010

Farouk Arnaz & Nivell Rayda – The National Police plan to summon a number of companies owned by business tycoon and political heavyweight Aburizal Bakrie after former tax official Gayus Tambunan claimed to have received bribes from them, an official said on Thursday.

"It's what he confessed, and of course we would not only rely on one single confession," National Police chief of detectives Comr. Gen. Ito Sumardi said.

Gayus, who is being investigated for corruption and money- laundering, reportedly told police that several companies linked to Aburizal, the head of the Golkar Party, had bribed him to help them deal with their tax affairs.

"We will seek information from those accused by Gayus," Ito said, although he declined to identify the Bakrie companies in question. He also declined to provide details on when police planned to question the Bakrie company representatives.

According to documents obtained by the Jakarta Globe, Gayus had been responsible for the tax cases of 40 companies, including three major mining firms that were part of the Bakrie empire.

Ito said he had already filed a request with the new minister of finance, Agus Martowardojo, to seize tax documents related to the case. The announcement is the latest twist in the tax-evasion saga that Bakrie firms have been entangled with.

Last month, the Supreme Court upheld a December 2009 ruling by the Tax Tribunal, which found that the tax office did not have sufficient evidence to upgrade its probe of PT Kaltim Prima Coal, a subsidiary of the Bakrie Group's PT Bumi Resources, to a full investigation.

The Supreme Court, however, ruled that the office could still continue its probe into the company, which is alleged to have evaded Rp 1.5 trillion ($163.5 million) in taxes.

Bakrie family spokesman Lalu Mara Satriawangsa could not be immediately reached for comment but was quoted by online news portal Detik.com rejecting Gayus's allegations, saying that Bumi Resources and its subsidiaries, including KPC, were all public companies and used public tax consultants.

As such, the companies did not deal with Gayus, he said. He also pointed out that as of 2004, Aburizal was no longer handling Bakrie businesses.

Teten Masduki, secretary general of Transparency International Indonesia, said the pressure was now on the tax office to start fresh investigations into the Bakrie tax allegations.

"The taxation office should evaluate the handling of these cases and open a new investigation," he told the Globe. "If the case has been stopped because of the Tax Tribunal's ruling, then the government can challenge its decision in light of new evidence from Gayus's testimony."

Indonesia Corruption Watch said the government's priority should be the investigation into the alleged tax evasion by KPC. "The government should expedite the investigation into KPC because there are still opportunities to prosecute the case," said Emerson Yuntho, ICW's deputy chairman.

He added that there should also be a probe into the circumstances surrounding the Tax Tribunal's decision to halt the investigation.

By law, the tribunal only has the authority to hear cases at prosecution, Emerson said. "The tribunal had exceeded its authority by interfering with the investigation process," he claimed.

Bakrie denies latest tax-dodging, corruption allegations

Agence France Presse - June 4, 2010

Fresh allegations that companies linked to Indonesian tycoon and politician Aburizal Bakrie bribed an official to avoid paying millions of dollars in taxes are baseless, a spokesman said on Friday.

Bakrie family spokesman Lalu Mara Satriawangsa rejected the latest accusations of tax-dodging against Bakrie's business empire, after disgraced tax official Gayus Tambunan said he had been bribed by Bakrie-linked companies.

"The allegations are baseless and untrue. Our companies including Bumi Resources have been audited by independent auditors and the results have been announced publicly," he said. "So there are no irregularities whatsoever and we run our business in a transparent way."

Billionaire businessman Bakrie is the chairman of the Golkar party, a powerful playmaker in the ruling coalition and a potential presidential candidate in 2014.

He denies any conflict of interest between his family's vast business investments – including property, mining and media – and his political activities as Golkar chief and coalition "secretary-general."

Tambunan has told corruption investigators that some 40 companies bribed him to avoid paying taxes, including Bakrie unit Bumi Resources and two of its subsidiaries, Kaltim Prima Coal and Arutmin. The companies are now under investigation, according to senior police.

In a separate case, the tax office is investigating Bumi and several of its subsidiaries over about 200 million dollars in allegedly unpaid taxes. The companies deny any wrongdoing.

Antigraft activists have said the tax cases against Bumi are a crucial test of the government's commitment to reform.

Ex-finance minister Sri Mulyani Indrawati said last week reforms were being "hijacked" by vested interests opposed to efforts to bring the economy under the rule of law. "It is a battle for Indonesia now," she said.

Indrawati resigned last month for a senior job at the World Bank following a series of public clashes with Bakrie and his supporters in parliament.

Bakrie's personal wealth soared some $750 million last year to $2.6 billion, according to research by Globe Asia magazine. Coal miner Bumi has a market capitalization of almost four billion dollars.

Lawmakers wade into Susno detention spat

Jakarta Globe - June 4, 2010

Armando Siahaan – Lawmakers pledged on Thursday to support revisions of the 2006 Law on the Protection of Witnesses and Victims in the wake of a dispute between the National Police and the Witness and Victim Protection Agency over the detention of high-profile whistle-blower Comr. Gen. Susno Duadji.

Members of the the House of Representatives legal commission said amending the law was crucial after meeting with the Witness and Victim Protection Agency (LPSK) on Thursday.

"When someone has dual status [as a whistle-blower and a suspect], who has the authority to provide him or her with protection?" said Abdul Haris Semendawai, chief commissioner of the LPSK.

He made the comments a day after acknowledging that his agency had failed in its attempt to take custody of graft suspect Susno, who is being detained by police in Depok.

The LPSK had promised to protect Susno after he claimed to be getting death threats while being held at the Mobile Brigade (Brimob) facility.

The two bodies had been at loggerheads over where Susno should be housed for the better part of a week.

Abdul Haris said this was a clear dispute over "authority issues" when it came to potential witnesses who were also suspects, pointing to a conflict in the 2006 Law and the Criminal Code Procedures (Kuhap).

Article 10 of the law, he said, stipulated that an individual who turns state's witness may only plead for leniency. Indonesian law does not allow plea bargaining in exchange for cooperating in graft cases.

The law, according to the presidentially appointed Judicial Mafia Eradication Task Force, did not stipulate the level of leniency or what the LPSK's role should be in protecting a whistle-blower.

He said that Article 33 of the Law, which states that protection can only be provided by the agency following a written request by the witness or the victim, also needed to be revised.

"The LPSK wants the authority to place a witness under our protection without a written request. We want to be able to afford protection based on our own judgments," Abdul Haris said.

Lawmakers at the meeting, called into question the LPSK's resolve in going head to head with the National Police before capitulating to its demands. "Was this a dispute over authority, or just [a lack of] guts on the part of the LPSK?" Prosperous Justice Party (PKS) lawmaker Fahri Hamzah said.

Golkar Party lawmaker Nurdiman Munir also criticized the LPSK for being too passive when Susno first made corruption allegations against police and other law enforcers in April. "Once Susno revealed [what he knew about] the Gayus case, he was willing to reveal bigger cases. You should have come to him and offered him protection," Nurdiman said.

Lawmakers suggested later during the meeting that the House commission summon the LPSK, the National Police and the Attorney General's Office to mediate the dispute. There were also rumblings about bringing the matter before the Constitutional Court.

Susno had earlier alleged that bribery was involved in the trial of rogue tax official Gayus Tambunan, who was acquitted of a relatively minor charge of embezzlement.

The Tangerang District Court in March found that there was insufficient evidence to convict Gayus, despite investigators finding Rp 28 billion ($3 million) in his bank accounts.

Susno further charged that a nest of case brokers were operating from within the National Police headquarters. Police officials, prosecutors and a district court judge have been charged and sanctioned as a result of Susno's revelations.

The National Police has wasted no time investigating Susno's role in an arowana fish farm bribery case, based on testimony by suspected case broker Sjahril Johan, who claimed to have paid Susno Rp 500 million ($55,000).

Susno formally submitted his request for protection in May, but Abdul Harris brushed aside complaints that his agency was too slow in securing his protection.

He said the LPSK approached Susno and his lawyers to get them to submit a written statement seeking protection but they were tardy in providing a response to the request.

Candidates not looking good, team likely to seek more time

Jakarta Post - June 4, 2010

Jakarta – The selection committee for the new leader of the KPK will seek advice from President Susilo Bambang Yudhoyono about prolonging the selection process if it fails to find promising candidates.

The head of the committee, Justice and Human Rights Minister Patrialis Akbar, said the committee had yet to decide whether to reopen or prolong the selection process.

"There is a possibility of following the regular selection process of the current four leaders whose tenures will end by 2011," he said, adding that consulting with the President did not mean the President would interfere.

Patrialis emphasized that, "It is better not to choose anyone if there is no qualified person."

Last week, three leaders of the Corruption Eradication Commission (KPK) Chandra M. Hamzah, Mochammad Jasin and Haryono Umar met the committee and discussed the selection process. The KPK advised the committee scrutinize each candidate carefully.

"We dare to say no, if there is no competent candidate to sit as leader. It is better than taking the wrong action," Chandra said. He advised the committee to act the same.

Members of the selection committee, lawyer Todung Mulya Lubis and former 2003-2007 KPK executive Erry Riyana Hardjapamekas, agreed with Chandra, saying the committee would not select someone who was unqualified.

As of Thursday, 169 people had submitted their applications with only 21 candidates completing their documents. Members of the public who fulfil the criteria, can submit their applications to the secretariat of the selection committee at the ministry. The registration process takes around 21 days and will be closed by June 14.

The committee said that apart from relying on the applications from the public, they had also actively sought candidates from academia, legal institutions, the police, prosecutors' offices and NGOs.

Many people have criticized the selection mechanism and fear that the committee will fail to choose a competent figure because up to now no promising figures have applied for the position. Some applicants are lawyers of people implicated in graft cases, such as Bonaran Situmeang, the lawyer for bribery suspect Anggodo Widjojo.

On Thursday, Partahi Sihombing, Nunun Nurbaeti's lawyer, a businesswoman implicated in a multi-million dollar vote-buying case, also applied for the position.

Emerson Yuntho from Indonesian Corruption Watch (ICW), said the committee had to be firm in scrutinizing people.

The chairman of the House of Representatives' Commission III overseeing legal affairs, Benny K. Harman, said it was better not to choose anyone if there was no qualified candidate. The committee refused to comment on this matter.

"Now is not the right time to start to judge the applicants because we will only start to scrutinize the applicants' documents by June 15," Patrialis said. The administration selection process will start from June 15 to 22.

Patrialis also said the selection committee was concerned about the tenure of the new leader even though last week they believed that they would choose one leader to serve for four years.

"There are different perceptions about the tenure among the committee members, as well as among the legislators of Commission III," Patrialis said. (ipa)

Police refuse to hand Susno over to witness protection agency

Jakarta Globe - June 2, 2010

Farouk Arnaz, Markus Junianto Sihaloho & Nivell Rayda – The Witness and Victim Protection Agency said on Wednesday it had failed to convince the National Police headquarters that graft suspect Susno Duadji needed to be placed under the agency's custody. Should anything happen to Susno now, agency chief AH Semendaway said, the National Police would have to take full responsibility.

Semendaway's statement comes a day after lawyers for Susno renewed calls for him to be put into the custody of the agency, known as the LPSK, after a court ruled on Monday that his arrest and detention were lawful.

Lawyer Ari Yusuf Amir made the call after a Jakarta court rejected the pretrial motion entered by the former National Police chief detective over his arrest and detention.

Semendaway said LPSK commissioners had met with police officials on Tuesday and urged them to release Susno from the Kelapa Dua detention center in Depok and hand him over to the LPSK. But police argued that Susno was a graft suspect undergoing intense investigation.

"As long as his status remains that of a suspect, he will not be handed over to us. Police have assured us that nothing will happen to Susno under their protection," Semendaway said.

Police told the commissioners that the detention center was the safest place for Susno. Once police agreed to let the LPSK monitor Susno during his detention at Kelapa Dua, Semendaway said, the agency relented.

"Besides, the procedural rights of Susno will be fulfilled, as LPSK officers will be given permission to accompany him during police questioning," Semendaway said.

Susno's daughter, Indira Tantri Maharani, told the Jakarta Globe that her father had written his letter of resignation, and that it would be addressed to National Police Chief Gen. Bambang Hendarso Danuri and President Susilo Bambang Yudhoyono. The letter, however, has not been sent yet.

"The reason my father wants to resign is that he no longer wants to be part of an institution that burdens or harms the people's future by engaging in a string of fabricated acts such as those aimed at him," Indira said. "If a three-star general is treated in this manner, what about ordinary folks?

"Whether or not he ends up handing over the resignation letter depends on [the actions of] the National Police chief. If the police chief fails to conduct reform within the police institution, my father will resign."

University of Indonesia legal analyst Hasril Hertanto said there was an apparent overlap of authority between the National Police and the LPSK, which in this case would most likely be won by the police.

"Susno is both a suspect and a witness deemed who is indispensable in unraveling practices of case-brokering inside the National Police," Hasril told the Globe. "However, the body actually saying that Susno's testimony is indispensable is the Judicial Mafia Eradication Task Force, which is not part of the law-enforcement system."

He said that according to the 2006 Law on the Protection of Witnesses and Victims, the LPSK was obliged to confirm to a law- enforcement agency whether a person's testimony was deemed indispensable before it could offer protection.

Task force member Mas Achmad Santosa said the team was hoping to amend the regulation, particularly Article 10, which stipulates that a whistle-blower can only plead for leniency.

"The law does not describe what sort of leniency and what the LPSK's role is in protecting a whistle-blower," Achmad said. "We hope that in the future there will not be any more disputes like this. We will ensure that the LPSK is granted greater power."

Susno was first charged in an arowana fish farm bribery case based on testimony by suspected case broker Sjahril Johan, who claimed to have paid him Rp 500 million ($55,000).

A second allegation concerns claims that Susno siphoned off a portion of West Java's election security fund when he served as the province's police chief in 2008.

A third allegation is still under preliminary investigation, based on findings by the Financial Transaction Reports and Analysis Center (PPATK) over a suspicious transfer of Rp 3.8 billion into Susno's bank accounts from his former lawyer.

Chairmanship candidate list lacks 'credible figures'

Jakarta Post - June 2, 2010

Bagus BT Saragih, Jakarta – Observers expressed worry on Tuesday that the lack of credible figures on the list of candidates for the chairmanship of the Corruption Eradication Commission (KPK) could mean the decline of the antigraft body.

As of Tuesday, scores of people were vying for the single vacant seat at the commission widely seen as the most credible law enforcement agency. Teten Masduki, the secretary-general of Transparency International Indonesia (TII), said he had yet to see promising figures registering with the selection committee for the KPK chairmanship.

"I think the committee should headhunt for credible figures instead of waiting for them to come and register, otherwise, they might end up with listing people with questionable reputations," he said.

More than 60 people have applied to compete for the post. Many of them are lawyers, including some who have defended graft suspects. Among the lawyers listed are Farhat Abbas, previously a lawyer for graft suspect Muhtadi Asnun, a judge who acquitted tax officer Gayus Tambunan from corruption charges and OC Kaligis, a lawyer for Anggodo Widjojo and a number of convicted graft suspects, including businesswoman Artalyta Suryani.

Another lawyer of Anggodo's, Bonaran Situmeang, said Tuesday he would also participate. Then there is Alamsyah Hanafiah, who defended a former state power firm PT PLN official Hariadi Sadono who was a suspect in a Rp 80 billion (US$864,000) graft case.

From the Police Force, former Bali Police chief, Insp. Gen. Budi Setiawan, has also enrolled in the list. "Lawyers are not suitable for the position and neither are police officers and prosecutors," Teten said.

According to Teten, lawyers tend to have conflicts of interests. "And that's potentially destructive for the KPK," he said. "Police officers and prosecutors were also not eligible to serve as the boss of the KPK, he said, because they had lost the people's trust.

"Remember that the KPK was established to compensate for the poor performance of the police and prosecutors in handling graft cases," he said.

Teten said he hoped that the remaining two weeks before the registration of candidates closed would give time for persons with integrity to enroll.

A member of the selection committee, lawyer Todung Mulya Lubis, shared Teten's opinion.

"The criteria for a successful candidate is courage, decisiveness, and a convincing track record. If no applicants meet these criteria, we'd better approve nobody and let the KPK be led by four people as it is now," he said.

Todung added four leaders were enough to run the anti-graft body until their tenure ended in 2011.

Echoing Todung's opinion, M. Jasin, a KPK deputy chairman, suggested the selection for the chairmanship should be done in 2011. "The selection committee should not have been established to choose only one leader. It would be better if the committee were to select five KPK leaders all together," he said.

The successful candidate will step into the shoes of Antasari Azhar, who was dismissed in April 2009 after he was declared a murder suspect and subsequently convicted of the murder of businessman Nasruddin Zulkarnaen. (ipa/rdf)

Susno pushes for LPSK protection after losing bid for freedom

Jakarta Globe - June 1, 2010

Heru Andriyanto & Farouk Arnaz – Lawyers for graft suspect Susno Duadji on Monday renewed calls for him to be put into the custody of the Witness and Victim Protection Agency (LPSK) after a court ruled his arrest and detention were lawful.

Lawyer Ari Yusuf Amir made the call after a judge at the South Jakarta District Court rejected the pretrial motion entered by the former National Police chief detective over his arrest and detention.

Judge Haswandi said that under the Criminal Procedures Code, police may arrest a suspect based primarily on testimony by a witness and if the suspected crime was punishable by a sentence of at least five years in jail.

"Police have secured more than enough evidence required by the law to make the arrest," the judge said. "The plaintiff is charged under articles 5, 7, 11, 12 of the Anti-Corruption Law, which carries a maximum sentence of life imprisonment. Accordingly, the arrest has a legal standing."

Haswandi also pointed out that Susno had refused to cooperate with police by ignoring a May 6 summons to appear for his first interrogation.

"The court rejects in full the pretrial motion lodged by the plaintiff," he said. The ruling was greeted by noisy protests from Susno's supporters in the gallery.

Ari said Susno's detention status should not affect his request for protection. The lawyer said the LPSK had already said his client was a witness needing protection, so the "police must give way to it."

Another of Susno's lawyers, Muhammad Assegaf, urged the LPSK to "take immediate action to pull Susno out of his police cell" because the agency had officially promised him protection.

Ari criticized the judge for taking only police arguments into consideration while paying little attention to witnesses presented by the lawyers.

"I think the judge has taken sides with the police. Maybe he's afraid," Ari said. "My client didn't answer the summons on May 6 but he sent his lawyers to represent him and seek clarification about what the summons was for. After he understood the summons, he came to the police on May 11 but was immediately detained."

Police welcomed the court ruling but indicated they would not hand over Susno to the LPSK. The Attorney General's Office has agreed to a police request for a 40-day extension of his detention.

"Susno's pretrial motion regarding his arrest and detention has been rejected and we call on everyone to respect the judge's ruling," National Police spokesman Brig. Gen. Zainuri Lubis said.

"The extension of Susno's detention has been approved for another 40 days and hopefully the charging documents can be declared complete and handed [to prosecutors] within that period."

Police suspect Susno accepted bribes linked to a dispute over a fish farm in Pekanbaru, Riau. They have also said the former chief detective was suspected of having embezzled money while head of the West Java Police.

War on terror

Jakarta helps stop terrorists

The Australian - June 7, 2010

Stephen Fitzpatrick, Jakarta – Indonesian police have moved to treat all asylum-seekers passing through the country on their way to Australia as potential terror suspects.

The new approach comes with help from the Australian Federal Police, who have helped Jakarta to build a computer database that can cross-check illegal immigrant and terrorism arrests.

The database was expected to be operational by next month, the country's most senior police officer in charge of transnational crime told The Australian.

Brigadier General Saud Usman Nasution said at least one recent people-smuggler arrest in Indonesia had suggested a direct link to international terrorism, possibly al-Qa'ida. The arrest was in the Sumatran city of Medan and the smugglers involved were still being held in custody, General Nasution said.

"From their communication, from their phone numbers, we opened their phones and then there was some talking about terror," he said. "We tried to follow from their phones. We tried, with the AFP, to open this communication, and we are sharing the information with the AFP."

He said the case was the first time people-smugglers in Indonesia had been clearly linked to international terror networks, and warned that the development was ominous.

"I think they (terrorists) will always change their modus operandi, and will come to areas with a new cover as an asylum- seeker," General Nasution said. "If they come as an asylum- seeker, it's not easy for us to arrest them, because we have no data about them."

He said terrorist agents could have already made it to Australia as asylum-seekers.

General Nasution said the AFP was helping to build the database, which could cross-match fingerprints, photographs and testimonies of all foreigners arrested in Indonesia. It would be accessible at 16 provincial police headquarters deemed the most likely crossing-points for asylum-seekers heading to Australia.

General Nasution said the system was designed to be able to share data with the countries of origin of illegal immigrants detained in Indonesia.

Although Australia had been helpful in its short-term approach to dealing with the asylum-seeker issue, the longer-term threats to Indonesia's security remained worrying, he warned.

Any prospect of Australia turning asylum-seeker boats around on arrival could never be supported by Indonesia. "In the UN convention, it mentions we cannot refuse for asylum-seekers to come to our country – and this includes Australia."

Jakarta is not a signatory to the UN convention, but a tacit agreement with the world body allows it to process refugee applications in-country and then transfer successful applicants to third-country signatories to the convention, including Australia.

[Additional reporting: Paul Maley.]

Abu Bakar Bashir's son al-Qa'ida's propaganda man

The Australian - June 5, 2010

Stephen Fitzpatrick, Jakarta – Hardline Indonesian cleric Abu Bakar Bashir had a direct line to al-Qa'ida around the time of the September 11, 2001, terror attacks in the US because his son was working in the organisation's propaganda department.

The revelation was made by the chief of Indonesia's counter- terrorism taskforce, an outfit known as Detachment 88, as expectations mounted that Bashir could soon be arrested over a terror cell uncovered this year in Aceh province.

Bashir's youngest son, Abdul Rohim, was already known to have spent several years in Pakistan and Afghanistan in the late 1990s engaging in jihad-related activities.

Bashir was closely linked to the 2002 Bali bombings, including a conviction for criminal conspiracy, although that was later overturned on constitutional grounds.

Rohim is part of his father's operation at the al-Mukmin school in Solo, Central Java, where Bali bombers Amrozi, Mukhlas and Ali Imron were students.

Brigadier General Tito Karnavian, the head of Detachment 88, has revealed that Rohim, now aged in his early 30s, had lived with September 11 mastermind Khalid Shaikh Mohammed and was an active member of al-Qa'ida around the time of the US attacks.

"Abdul Rohim is a real part of al-Qa'ida because he was staying with Khalid Shaikh Mohammed in Kandahar, being staff of media, of propaganda, of al-Qa'ida," the anti-terror chief said.

While Rohim's role as a point man between al-Qa'ida and Southeast Asian-based terror groups such as his father's Jemaah Islamiah has been established, the revelation that he was working directly for Osama bin Laden's group as a propagandist is new.

It comes as police interrogate members of Bashir's current organisation. Jemaah Anshorut Tawhid, over the preacher's alleged involvement in the recent Aceh terror plot.

Antiterror chief calls for change in game plan

Jakarta Globe - June 3, 2010

Farouk Arnaz – Poor coordination among authorities, weak laws and a prison climate conducive to recruitment are allowing regional terrorist networks to thrive despite a recent crackdown by security forces, the nation's antiterror chief said.

"They're still actively recruiting new members, even from within prisons where they are serving time," Brig. Gen. Tito Karnavian, head of the National Police's Densus 88 counterterrorism squad, said on Thursday.

He said it was ironic that prisons had become thriving centers for recruitment and the dissemination of terrorist ideology, adding that the police and other law-enforcement agencies needed more resources to cope with the threat.

According to Tito, authorities should also be monitoring terrorist networks more intensively with the aim of intercepting information. He called for amendments to the 2003 Law on Terrorism to grant police sweeping powers and to establish a national counterterrorism board.

"The board would be tasked with rehabilitation and preventing future terrorist activities, while the fieldwork would remain under Densus 88," he said.

Tito criticized the antiterror law for not being applicable retroactively to events before 2003, and for the inadmissibility of intelligence reports as grounds for issuing arrest warrants. "There's also weak coordination between law-enforcement agencies, such as the police and the military," he said.

Tito said a soft approach was needed in addition to arrests and raids in order to properly combat terrorism.

He acknowledged that the current strategy was reactionary in nature and did not address the underlying problems driving people toward terrorism. "The terrorist ideology, salafi jihadi, continues to spread," Tito said.

A series of raids in Aceh in February netted 61 suspects from an alleged paramilitary training camp. Tito said information gleaned from the arrests indicated the group planned to establish a base to expand outward from Aceh. "More arrests are expected in the near future," he added.

Tito said information about one of the suspects, Hasan Nur, aka BlackBerry, who was killed in a raid in March, showed that he was originally from Tawi-Tawi in the southern Philippines.

Officers had been sent to the Philippines to confirm the information about Hasan, a known operative for the separatist Moro Islamic Liberation Front, and investigate any links he might have had in the region, Tito said.

Another suspect, Suryadi Ahmad, arrested last month in Bekasi, revealed that a plot to attack the State Palace on Independence Day on Aug. 17 had been hatched by Maulana, who was killed in Jakarta last month, and Abdullah Sonata, who remains at large, Tito added.

National Police Chief Gen. Bambang Hendarso Danuri, meanwhile, said Densus 88 would be restructured this year to make the unit more effective.

"The squad will be led by a two-star general answerable directly to myself," he said. "Though still based at the National Police, it will be renamed Corps 88."

Counterterrorism squads would also be established within each provincial police force to coordinate with Corps 88, he said.

Hard-liners to Yudhoyono: We are not terrorists

Jakarta Globe - June 1, 2010

Farouk Arnaz & Camelia Pasandaran – The hard-line Indonesian Mujahideen Council has sent an open letter to President Susilo Bambang Yudhoyono in protest of his recent warning that terrorists were seeking to turn the country into an Islamic caliphate.

"His statement linking an Islamic state to terrorist ideology is completely wrong," said Muhammad Thalib, who heads the group, which is known as the MMI.

"The former does not threaten the nation, but the latter does." Thalib, speaking on Tuesday after presenting the letter to the National Police, pointed out that under the country's flourishing democracy, the government should respect peaceful calls for the formation of an Islamic state.

"We will keep pushing for this through the wider implementation of Shariah law," he said.

In a speech at Halim Perdanakusuma Air Force Base in East Jakarta last month, Yudhoyono said that despite not being an Islamic state, Indonesia respected Islam and had adopted its values – and sometimes even its laws – as part of its social fabric.

However, he suggested that the 2003 Law on Terrorism be amended to allow the prosecution of clerics who criticized the government in their sermons or advocated for the implementation of Shariah law.

Irfan S Awwas, a senior member of the MMI, said the president's remarks were uncalled for. "It will only create problems. Such amendments to the law are meant to be open to discussion and debate," he said.

According to Irfan, democracy was a fluid concept and not set in stone. "Recall that former President Sukarno devised a 'guided democracy' for Indonesia, which was later pushed aside for 'Pancasila democracy,'?" he said. "Things always change."

Al Chaidar, a terrorism expert at Malikul Saleh University in Aceh, however, said that the goal of an Islamic state went hand in hand with current terrorist activities in the country.

"The whole point of terrorism in Indonesia is to push for an Islamic state. The ideology feeds the violence that paves the way toward this end," he said.

"These terrorists are so focused on their single-minded objective of creating a caliphate that they ignore their own families, even their own mortal souls. No terrorist in Indonesia believes in anything else."

Al Chaidar said their conviction made the battle against terrorism almost impossible to win.

"They fight their war in two ways. One is the soft approach, through ideals. The other is through violence, what they call jihad," he said. "What we're seeing now is a marked shift from the first approach to the second one."

Islam/religion

Pancasila is better than no ideology, experts say

Jakarta Post - June 1, 2010

Ridwan Max Sijabat, Jakarta – Indonesia may face disintegration if its national ideology, Pancasila, is replaced by sharia, said politicians and historians Monday.

Pancasila was developed by Indonesia's founding fathers as a middle way to accommodate the interests of numerous ethnic, cultural and religious groups in Indonesia. Any attempt to replace it with religious ideology would trigger civil conflict and tear Indonesia apart, experts said.

Indonesia will observe today the 65th anniversary of the birth of Pancasila on June 1, 1945. The People's Consultative Assembly (MPR) will host the celebration for the first time in 20 years, and President Susilo Bambang Yudhoyono is expected to attend.

Irman Gusman, Speaker of the Regional Representatives Council (DPD), said that the celebration would strengthen Pancasila's position as the ideology that glues the nation's ethnic, religious and cultural groups together.

"History has proven that Pancasila has been very effective in saving the nation from the dangers of communism and capitalism. We need it to achieve social justice," he told The Jakarta Post on Monday.

The country might have disintegrated into several smaller countries along ethnic and religious lines without Pancasila, he added.

The five tenets of Pancasila are belief in one God, just and civilized humanity, unity of Indonesia, democracy guided by consensus and social justice for all.

Pancasila lost popularity after Soeharto's downfall in 1998. Pancasila was abused by Soeharto during his authoritarian 32-year rule.

Islamic fundamentalist groups have recently revived their old dream to replace Pancasila with sharia, which is supported by some Islamic political parties.

Slamet Effendy Yusuf, deputy chairman of Nahdlatul Ulama (NU), Indonesia's largest moderate-Muslim organization, said that the sharia campaign was a setback and would undermine the nation's progress over the last six decades.

"The whole nation should celebrate the birth of Pancasila on June 1 and stop questioning its position as the state's ideology.

"For NU, Pancasila is final and (we) will never entertain any idea of replacing it. The real problem is how to refresh our perceptions of it and put it into the 1945 Constitution and lower laws," he said in a recent discussion.

A.M. Fatwa, a regional representative and Muslim figure, is opposed to celebrating Pancasila's birthday on June 1. He was imprisoned by Soeharto regime for celebrating Pancasila's birthday on June 22, the day the Jakarta Charter was established.

Fatwa said that Pancasila was mentioned in the preamble of an early version of the 1945 Constitution that had also mentioned sharia.

"We want it to be celebrated by political parties and mass organizations, instead of state institutions. If the nationalist Indonesian Democratic Party of Struggle (PDI-P) wants to celebrate Pancasila because its ideology is close to founding president Sukarno's, it should be given chance to do so," he said. However, the government and the state should not observe a national celebration of Pancasila, as some have wanted, he added.

All parts of society should accept Pancasila as the final state ideology and end the prolonged debate, or Indonesia would suffer a setback, said Asvi Warman Adam, a historian at the Indonesian Institute of Sciences.

Politics/political parties

Democrats blast Golkar proposal as 'robbery'

Jakarta Globe - June 8, 2010

Anita Rachman – House of Representative's Speaker Marzuki Alie, a member of President Susilo Bambang Yudhoyono's Democratic Party, has labeled a Golkar proposal that legislators be given Rp 15 billion ($1.6 million) to spend on their constituents as attempted theft from the state.

Marzuki said the Rp 8.4 trillion ($907 million) proposal, defended by Golkar chairman Aburizal Bakrie, was "robbery of the state's budget." He said ideas to develop villages must be based on clear programs.

All parties other than Golkar have rejected the proposal, though Golkar has succeeded in getting a House committee to discuss its scheme, which is far more costly than the Bank Century bailout.

Senior Golkar legislator Priyo Budi Santoso, deputy house speaker, said he was surprised at the fuss given that during informal discussion with fellow coalition partners, including the Democrats, the "talking was normal."

"But now it seems that it's only Golkar that has proposed the idea." Priyo said the objectives behind the proposal was to develop villages so that it was not only the nation's cities that moved forward.

"But if the proposal is rejected, we will propose another one – that Rp 1 billion is distributed to each subdistrict or village, not through lawmakers, but directly to villages," he said. "Please don't oppose this, villages need to be built."

Golkar took a beating in last year's legislative and presidential elections and observers have questioned whether the party, the once political vehicle of former dictator Suharto, can reassert its dominance in 2014 under Bakrie, a hugely controversial businessman labeled by former Finance Minister Sri Mulyani Indrawati as an "enemy" of reform.

Deputy House Speaker Pramono Anung, from the Indonesian Democratic Party of Struggle (PDI-P), said and continued discussion about the "pork barrel" scheme would end badly given the funds could be misused.

Finance minister tries to reconcile with house

Jakarta Globe - June 8, 2010

Irvan Tisnabudi – The newly appointed finance minister held out an olive branch to lawmakers on Monday, telling them he needed their "trust" and cooperation if he was to succeed in reforming the ministry, including its tainted tax office, and in raising tax revenue.

"I would like to ask for and earn the trust of you ladies and gentlemen in facing these cases which are tainting our image," Agus Martowardojo said, referring to a number of controversial tax cases involving allegations of bribery and collusion.

Agus was appealing to members of the House of Representative's Commission XI, which oversees financial affairs. "My ministry would benefit from political support from the commission," he added.

The fact that the minister felt the need to make such a gesture less than three weeks after being given his post indicates just what a rough start he has had.

Over the weekend, the head of the House budget committee, Golkar Party legislator Harry Azhar Azis, threatened lawmakers might stall discussions on the 2011 state budget if the government rejected Golkar's controversial proposal to give each House member Rp 15 billion ($1.6 million) to spend on their constituencies. Agus has already made clear his rejection of the idea.

When the appointment was announced, even his many supporters acknowledged that, while a highly capable banker, he lacked experience in the political arena. Others questioned whether he had the stomach to stand up to the reform opponents in the House that had succeeded in helping drive away Sri Mulyani Indrawati, his predecessor.

Agus quickly made enemies by standing up to lawmakers, drawing criticism for being "unprofessional" for missing a Commission XI hearing, and scorn for refusing to replace two top tax officials.

But on Monday, during a hearing into controversial recent tax- evasion cases, he tried to make peace. "I need the trust of Commission XI, and I don't want any more misunderstandings between myself and the House," Agus said, adding that their cooperation was vital to continuing the reforms at the ministry, especially at the beleaguered tax office.

Several lawmakers acknowledged that better relations between the commission and the minister would be more productive, but indicated that it was up to Agus to do the bulk of the work to improve the situation.

Arif Budimanta, a commission member from the Indonesian Democratic Party of Struggle (PDI-P), said Agus's work would be closely monitored.

"The reform efforts in the tax office need more of a push," he said. "What's to be proud of at the moment, when tax office employees have had their salaries increased but tax revenue went down and many tax-evasion cases have surfaced?"

Agus, however, drew a line in the sand over calls to sack the director general of the tax office, Mochamad Tjiptarjo. "I have no plan to do that yet," he said.

Golkar's 'aspiration funds' proposal splits ruling coalition

Jakarta Post - June 7, 2010

Erwida Maulia, Jakarta – The Golkar Party proposal to allocate Rp 15 billion (US$1.64 million) from 2011 state funds for each legislator as "aspiration funds" is likely to grow into another political fracas between the country's second-largest political party and its ruling coalition partners.

Three of the other five parties in President Susilo Bambang Yudhoyono's coalition government officially rejected the proposal, which Golkar claimed was intended to help people in underdeveloped regions.

"PAN [National Mandate Party] will take a stand before the joint secretariat and reject Golkar's proposal," the party's deputy chairman Bima Arya Sugiarto said.

Sugiarto refered to the coalition's joint secretariat, which is headed by Golkar Party chairman Aburizal Bakrie. The secretariat was established one day after former finance minister Sri Indrawati Mulyani announced her resignation.

Mulyani, who some regard as a reform icon, previously made public her enmity with Bakrie.

"If legislators feel their constituencies need more money, it is their duty to convince the executive of their needs," Bima said.

"The proposal will tarnish the image of the House of Representatives. Golkar had best not force the joint secretariat to approve it and respect the political stances of other parties in the coalition."

Prosperous Justice Party (PKS) deputy secretary-general Zulkiflimansyah told The Jakarta Post on Sunday that the proposal was "neither popular nor productive".

"It's a brave and reasonable proposal. Our constituents demand real things, such as donations, from legislators when they make visits to regions," Zulkiflimansyah said.

"Due to a lack of explanation to the public and the media, this has become a sensitive and unpopular issue, to which the PKS must object," he added.

Another member of the coalition, the National Awakening Party (PKB), said the "aspiration funds" scheme would only benefit legislators. Party chairman Muhaimin Iskandar said the idea would backfire and reduce Golkar's popularity ahead of the 2014 legislative elections.

Bakrie told reporters Saturday that Golkar would fight for government and House approval of the proposal. A total of Rp 8.4 trillion in "aspiration funds" for the House's 560 legislators would benefit the people, not legislators, he said.

"Don't make the mistake of thinking that the funds will slip into legislators' pockets," he said.

The Democratic Party has not issued an official statement, though deputy chairman Ahmad Mubarok expressed personal opposition to the plan. The United Development Party, another coalition member, remained undecided on the issue, according to a party official.

Legislators will be easily tempted by Golkar's proposed Rp 15 billion fund and may approve it, said University of Indonesia political observer Arbi Sanit.

"If that happens, Aburizal will have an even stronger grip on members of the coalition and have even more power to determine the positions of the joint secretariat," Arbi said.

'Pork barrel' scheme likely to favor rich constituencies

Jakarta Post - June 7, 2010

Aditya Suharmoko, Jakarta – The Golkar Party's "pork barrel" spending proposal will likely prove far less beneficial to underdeveloped regions that produce few legislators, data shows.

Golkar has proposed that every legislator in the country be allocated Rp 15 billion from the 2011 state budget under the banner of "aspiration funds", to develop their constituencies. The proposal would allow legislators to disburse Rp 8.4 trillion (US$915.6 million) in state funds to develop their constituencies.

Golkar chairman and business tycoon Aburizal Bakrie, who also heads the ruling coalition's joint secretariat, said the money would be used to develop disadvantaged regions.

However, more legislators are elected in developed regions, especially Java and Sumatra, than in undeveloped regions, according to data on the official website of the House of Representatives.

Less than 10 percent of the total 560 lawmakers at the House were elected by less developed regions, such as Papua and Maluku.

The data showed that 10 legislators were elected by the Papua constituency, three by West Papua, four by Maluku, three by North Maluku and 13 by East Nusa Tenggara. In comparison, 91 were elected by the West Java constituency, 78 by Central Java, 87 by East Java and 21 by Jakarta.

Ibrahim Fahmy Badoh of the Indonesia Corruption Watch said there was a risk the money could be used to fund political campaigns. "It could be used to smooth business cronyism," he said.

The term pork barrel spending, which derives from the US slavery era, suggests an intention to remunerate constituents of a politician in return for political backing.

Pork barrel spending is commonly practised in the United States by members of congress. Usually, the money is used to finance infrastructure projects, such as bridges, roads, schools or hospitals.

Golkar politician Harry Azhar Aziz, chairman of the House's budget committee that exercises the state budget with the government, said some regions in Indonesia had introduced pork barrel spending.

The East Java administration provides Rp 1 billion to each member of the Provincial Legislative Council (DPRD), and the Riau island administration provides Rp 500 million to each DPRD member and Rp 5 billion to the DPRD head, Harry said.

Although Coordinating Economic Minister Hatta Rajasa, who is also chairman of the National Mandate Party (PAN), called the spending "unnecessary", Harry insisted the House had its "budget right", adding that legislators would defend the proposal. "This is the aspiration fund of constituents," he said.

He said the House's budget committee had agreed with the Finance Ministry to discuss the legal basis for the proposal, the mechanism and procedure for the spending disbursement, implementation oversights and benefits for regional development and the public.

"The government will be the executor to disburse the money, but the House will have the right to determine the allocation," Harry said. The ICW's Fahmy said the government and the House should ensure the transparency of the disbursements.

Golkar fights for higher parliamentary threshold

Jakarta Post - June 6, 2010

Jakarta – The Golkar Party said on Sunday it would continue to fight for higher parliamentary threshold of 5 percent to reduce the number of political parties at the House of Representatives.

Speaking after Golkar's national meeting at the Ritz Carlton hotel, Golkar Party executive Priyo Budi Santosa said that the higher threshold was needed to streamline the country's party system. "Let's aim for a consolidated party system," Priyo told Tempointeraktif.com.

The United Development Party has expressed its opposition to the higher threshold, arguing that it would exclude small parties from sending their representatives to the House.

PPP secretary Romahurmuziy said earlier that the current 2.5 percent threshold had already exclude representatives voted by 18 million voters.

Priyo denied allegation that the higher parliamentary threshold aimed to bar small parties from getting seats at the House. He noted that even the current big political parties may not be able to pass the 5 percent threshold.

"Let the people decide, whether certain parties need to merge with other parties, that should be a natural process, and that's a democratic process," Priyo said

PDI-P supports Golkar 'aspiration fund'

Jakarta Post - June 6, 2010

Jakarta – The Indonesian Democratic Party of Struggle faction at the House of Representatives said Sunday that the party would support the "aspiration fund" for legislators to develop their constituency but it must be "fairly" distributed.

The PDI-P faction chairman Tjahyo Kumolo told Tempointeraktif.com on Sunday that his party would support the deliberation of the "aspiration fund" proposal from the Golkar Party at the House, but the party would not support the current proposal where each legislator would get Rp 15 billion (US$1.6 million) in aspiration fund.

"If the distribution is based on each legislator getting Rp 15 billion, we will not support it. It must be based on the needs of each region," Tjahyo said.

"For example, my region in Central Java might need only Rp 1 billion for clean water facilities, so the remaining Rp 14 billion could be transfered to other regions that need it badly, such as Papua," he added.

In deliberating the proposal, Tjahyo reiterated that PDI-P legislators would pay more attention to programs in the region, rather than the funding. The aspiration fund, initially proposed by the Golkar Party, has drawn public outcry. Even the government has expressed its opposition.

'Pork barrel' plan divides parties in SBY'S coalition

Jakarta Globe - June 5, 2010

Markus Junianto Sihaloho – The ruling coalition's controversial joint secretariat has backed a divisive proposal to grant each House of Representatives legislator a Rp 15 billion ($1.6 million) fund for their constituencies, Golkar Party says.

But other coalition members quickly expressed dissent. Setya Novanto, chairman of the Golkar faction in the House, said a meeting of the joint secretariat on Thursday night had supported a call to lobby the government to approve the fund.

"The secretariat will propose the plan for further discussion with the government," Setya said, adding similar plans had proved successful in the United States, the Philippines, Sweden, Norway and Denmark. "It's a way for legislators to give back to their constituents."

Hazrul Azwar, chairman of the United Development Party (PPP) in the House, also said the coalition partners had agreed to formally raise the idea with the government.

He said differences remained over the amount of the development fund, with the PPP calling for Rp 10 billion per legislator. "We discussed the plan, and in principal we all support it," Hazrul said.

But Prosperous Justice Party (PKS) lawmaker and House Deputy Speaker Anis Matta said his party was opposed to the plan.

He confirmed the coalition had discussed it, but denied there had been a consensus to adopt it. "The PKS held its own meeting later that night in which we rejected the plan," Anis said.

The National Mandate Party's (PAN) Asman Abnur also denied there had been an agreement at the secretariat meeting. "Certain individuals may have backed the plan, but not entire parties," he said.

Marwan Jaffar, from the National Awakening Party (PKB), said his party was in favor of the plan.

Democratic Party chairman Anas Urbaningrum said the ruling party was still evaluating the proposal. "It deals with huge amounts of money from the state budget that must be used accountably for the benefit of the people," he said.

Democrat and House Speaker Marzuki Alie was similarly cautious, saying such a program must be properly supervised. However, he said if properly implemented, it would prevent legislators from embezzling other funds.

"It will ensure they don't do anything illegal to fund development projects for their constituents," Marzuki said.

Political analyst Burhanuddin Muhtadi, from the Indonesian Survey Institute, denounced the idea as unconstitutional, saying those backing it were supporting "an evil plot to steal public money." "I believe the president must intervene and get the joint secretariat to reject the idea," he said.

Burhanuddin added that a similar program in the Philippines had only been a ploy to pacify parties in exchange for not disrupting government policies. "It's a scheme to seek rent from the state budget," he said.

Govt bloc agrees to disburse Rp 15 billion for each legislator

Jakarta Post - June 4, 2010

Hans David Tampubolon, Jakarta – The joint administration of the pro-government parties has agreed on the disbursement of the so- called "aspiration fund" worth Rp 15 billion (US$1.63 million) for each legislator at the House of Representatives.

The administration consists of the Democratic Party, the Golkar Party, the Prosperous Justice Party (PKS), the National Mandate Party (PAN), the United Development Party (PPP), and the National Awakening Party (PKB). Golkar has been appointed as the leader of the administration.

"We had a meeting last night and the result was an agreement on the idea [about the fund disbursement]," Golkar Party faction chairman at the House Setya Novanto told reporters by phone in Jakarta on Friday.

The plan for disbursing Rp 15 billion for each legislator has been driving criticism from various experts and activists. They deem that there is a great chance for the fund to be misused. There are now 560 legislators at the House.

PPP faction chairman at the House, Hasrul Azwar, told The Jakarta Post that there was no need for the public to worry that the fund would be misused by the legislators. "We will not have any direct authority on the money," he said.

Golkar tries to keep pork-barrel plan rolling despite criticism

Jakarta Globe - June 2, 2010

Markus Junianto Sihaloho – Despite objections from the new minister of finance to a proposal that would give each House of Representatives lawmaker a Rp 15 billion ($1.6 million) development fund for their constituencies, Golkar Party legislators on Wednesday urged the government to keep an open mind.

Addressing a news conference in Jakarta, Harry Azhar Azis, chairman of the House of Representative's Budget Council and a Golkar lawmaker, said Minister Agus Martowardoyo's objection, aired during a House's plenary session on Tuesday evening, was not necessarily a deal-breaker.

Agus, Harry said, had only outlined some possible conflicts between the proposal and law. "There was no word of rejection from the minister," he said.

"I'm not saying that the proposal would be accepted by the government, but there will certainly be room for both sides to talk this proposal over."

Harry insisted that the funds would not at any point be handled by lawmakers, but would be directly channeled to local governments to implement development projects.

"We would only take note of what our constituents needed, and then deliver that to the central government to be taken into account in its development plans," he said.

Setya Novanto, chairman of Golkar's faction in the House, said that many of his colleagues had been asked by their constituents to help facilitate development projects in their areas.

He said those pleas had led Golkar to propose the scheme, whereby the Rp 15 billion in funding would be used for programs related to people's welfare, health services and education. "The implementation would be conducted completely through a tender process," he added.

Setya said such programs were common in countries such as the Philippines, South Africa and Denmark, where the governments gave even bigger sums of money to lawmakers. He added that the disbursement of the funds would be transparent and audited by the Supreme Audit Agency (BPK).

Meanwhile, Zainal Arifin Muchtar, a political analyst from Yogyakarta's Gajah Mada University, slammed the plan, saying it was just lawmakers feathering their own nests.

"It's like robbing state money for their own political interests," he said. "The logic behind the proposal is unacceptable. I hope our citizens can be more critical. Such a model should be avoided."

National Democrats still long way from a party

Jakarta Globe - June 1, 2010

Markus Junianto Sihaloho – The National Democrats social organization founded by media magnate and former Golkar Party heavyweight Surya Paloh is looking at becoming a full-fledged political party, but remains pragmatic about the groundwork yet to be laid.

Surya, owner of the Media Indonesia daily newspaper and Metro TV news channel, said on Tuesday that the group would need to meet three requirements before it could apply to the Justice and Human Rights Ministry to be officially recognized as a party.

"First, we must have 10 million to 15 million members," he said. "Second, we must verify that figure through a survey. And finally, we must hold a referendum among all members on whether to turn the association into a political party."

The National Democrats' secretariat last week announced that the group had 30,000 members.

Surya said he and the other leaders of the group had decided it was too early to declare the move into politics, and stressed that once it did, the National Democrats would not be mere "cheerleaders" for other parties, but "political winners" in their own right.

"The National Democrats are only three and a half months old," Surya said. "We haven't achieved much yet in the way of widespread public acceptance, so our focus right now is on getting our message out there."

Among the group's public education campaigns was a national symposium on Tuesday in Jakarta discussing the restoration of Indonesia, a central theme for the National Democrats.

Surya stressed that the group's main aim was to raise public awareness about the direction of Indonesia's democratization that began in 1998, and to take part in the national debate influencing this evolution.

"I believe we'll need two or three years of campaigning before we can seriously consider setting up as a political party."

National Democrats advisory board chairman Siswono Yudo Husodo said the group would not push ahead with the plan if the political climate was not conducive to it. He cited a recent proposal by legislators at the House of Representatives to increase the parliamentary threshold to 5 percent from the current 2.5 percent. The threshold is the percentage of total votes nationwide that a party must win to be represented in the House.

"To be a meaningful political party, we'd have to be in the House, and for that we'd have to meet the threshold," Siswono said. "Should we lack the resources to mobilize that many voters, it would be better for us to keep the organization as a force for moral change."

He declined to say whether this meant the National Democrats would become a think-tank and political lobby, given its current lineup of renowned intellectuals, legislators and notable community figures.

Proposal to raise electoral threshold to gain seat fuels debate

Jakarta Globe - June 1, 2010

Armando Siahaan & Anita Rachman – Lawmakers on Monday were divided over whether the legislative threshold should be increased from the current 2.5 percent to 5 percent.

House of Representatives Commission II, which oversees home affairs, is considering revising the General Election Law that requires political parties to receive at least 2.5 percent of the vote to qualify for a seat in the national legislature.

Nurul Arifin, a member of Commission II from the Golkar Party, said it was considering raising the threshold to as much as 5 percent of the vote. "This is not to kill the small parties, but to strengthen democracy with a simplified multiparty system," she said.

Nurul said Golkar as a faction endorsed the move, and she claimed that most of the big parties in Commission II had voiced a similar stance.

Priyo Budi Santoso, the House deputy speaker from Golkar, said the issue would be raised and studied in the Democrat-led ruling coalition's joint secretariat.

But the House deputy speaker from the opposition Indonesian Democratic Party of Struggle (PDI-P), Pramono Anung, said increasing the threshold to 5 percent would hamper democracy.

"Seeing the current situation, 2.5 percent is a moderate figure," he said, adding that all political parties had the right to participate in general elections.

He said the idea of simplifying the system for the next general elections was acceptable, but it should be understood that it was a basic human right to establish political parties.

In the 2009 legislative election, the threshold practically eliminated 29 parties. If the election had been held using the proposed 5 percent minimum, parties such as the Great Indonesia Movement Party (Gerindra), People's Conscience Party (Hanura) and National Awakening Party (PKB) would not have earned seats, while the United Development Party (PPP) would have barely made it.

Desmon Mahesa, a lawmaker from Gerindra, said he did not object to the goal of simplifying the multiparty system, but that a high threshold would create a discontinuity between the aspirations represented at the regional and the national level.

"There are parties at the regional level that would not be able to channel their aspirations at the national level," he said. The issue should not merely become a political deal among the big parties to kill small parties, he added.

Mahfud Siddiq, a lawmaker from the Prosperous Justice Party (PKS), said the best way to manage political parties was not by preventing them from growing, but by applying strict regulations for them to participate in elections.

He said it was a basic right of people or groups to join organizations and establish political parties, but only parties with a clear structure and branches should be able to take part in general elections. "The party should have branches from the lowest local level to the national level," he said.

Irgan Chairul Mahfiz, secretary general of the PPP faction in the House, said it would be difficult for some small parties to participate in the discourse on a 5 percent legislative threshold. He said there would be a follow-up discussion of the proposal, within both the factions and the coalition secretariat.

"It should be understood that this is our political [point of view], that there should be involvement of many political parties," he said, adding that last year PPP got some 5.6 percent of the votes in the general elections. "We don't have problems, but it should be discussed first," he said.

Arya Fernandes, a political analyst with Charta Politika, said that reducing the number of political parties would strengthen the presidential system because the composition of the coalition would not be based on a political cartel, but on a shared platform and ideology.

He also said that having fewer parties would solidify the identity and ideology of those that remained, making it easier for the voters to identify and connect with a party.

A Yudhoyono and Megawati reconciliation?

Jakarta Globe - June 1, 2010

Kinanti Pinta Karana – Is the ice beginning to thaw between former President Megawati Sukarnoputri and President Susilo Bambang Yudhoyono?

For the first time in years, the two political figures were seen in the same room together. Both attended the commemoration of President Sukarno's June 1 speech on Pancasila, the state ideology, in parliament on Tuesday.

It can be recalled that Yudhoyono served under Megawati's cabinet in 2001 and used to be a trusted aide. Things started to go sour between them when he ran against her for the presidency, beating her in the 2004 and then in the 2009 elections.

Megawati, the chairwoman of the Indonesian Democratic Party of Struggle (PDIP), arrived at the event with House of Representatives deputy speaker Pramono Anung.

During his opening speech, Taufik Kiemas, speaker of the People's Consultative Assembly, acknowledged the presence of the two leaders. "In the audience are a former president and vice presidents of Indonesia, among them Megawati Sukarnoputri, Try Sutrisno, Hamzah Haz and Jusuf Kalla," Taufik said.

Megawati, who was seated next to former Vice President Try Sutrisno, was all smiles upon hearing the audience applauding her name.

Yudhoyono, who spoke after Taufik, then opened his speech by acknowledging Megawati. The mention was again met with another round of applause.

Could Megawati's presence signal the end of her giving Yudhoyono the cold shoulder? Political analyst Alfan Alfian from Jakarta's National University does not think so.

"In my observation, even though Megawati and Yudhoyono were at the same event, it is not a sign that the two political figures are ready to reconcile," Alfan said.

"It was only by coincidence that she had to be there because the event is closely related to her father's role in history," Alfan said, referring to the fact that Megawati is Sukarno's daughter. He added that Megawati's followers would question her if she failed to attend.

According to Alfan, Megawati's attitude toward Yudhoyono had not changed at all.

"They are in the same room, but they don't sit close to each other," he said. "It shows that Ibu Mega is still keeping her distance from Pak SBY. Their seating position reflects that they still have unfinished business. She still hasn't buried the hatchet."

While that may be the case, political kibitzers were given yet another food for thought: At the ceremony's close, Yudhoyono shook hands with Megawati and both exchanged smiles.

Regional elections

Ahmadiyah refugees denied voting rights

Jakarta Post - June 8, 2010

Panca Nugraha, Mataram – More than 80 Ahmadiyah members who have taken refuge in the Wisma Transito shelter, Mataram, West Nusa Tenggara (NTB), did not cast votes in the Mataram mayoral election Monday – even though they lived in the region for four years.

"Every eligible voter at Wisma Transito has not been registered. They have no voter cards. The government probably thinks Ahmadiyah members are invisible," Ahmadiyah advisor Saiful Uyun told reporters at a polling station in Pejanggik, Mataram.

Ahmadiyah's followers have struggled to maintaining their existence because their teachings are deemed as straying from Islam.

The Mataram mayoral election is one of six regency and mayoralty elections held in NTB on Monday. The other elections were in Central Lombok, North Lombok, Sumbawa, Dompu and Bima.

Syahidin, a coordinator for the Ahmadiyah refugees, said on Monday they had been deprived of voting rights since the West Lombok regency election in 2008. "We are no longer regarded as citizens. We are Indonesian citizens but have no proof because we don't have identity cards," he said.

The Mataram Central Statistics Agency registered them as Mataram citizens during last month's national census, he added.

They previously complained to the Mataram municipality office, and were told that the refugees had been entrusted to West Lombok and were under the NTB provincial administration, Syahidin said.

"West Lombok says we are under Mataram, which says we are under NTB, which says we are under West Lombok," he said.

In February, 2006, around 136 families, made up of 157 Ahmadiyah members, were driven from their homes in Ketapang, West Lombok, to Wisma Transito. Thirty-three families (numbering 126 people) still live in the shelter.

Meanwhile, four of eight regencies holding elections in Semarang, Central Java, have seen incumbent top officials fail to retain their positions. The four are Mahfudz Ali (Semarang deputy mayor), Yudhi Sancoyo (Blora regent), Siti Nurmarkesi (Kendal regent) and Nashiruddin Al Mansur (Kebumen regent).

Hasyim Asya'ari, a political observer from Diponegoro University, told The Jakarta Post that the results demonstrated the public's disappointment in their leaders. "People learn lessons from past elections. Those who have failed in their administrative performance are no longer elected," he said.

In Kendal's elections on Sunday, Widya Kandi Susanti-Mukh. Mustamsikin from the Indonesian Democratic Party of Struggle (PDI-P), won with 170,972 votes (41.16 percent) according to a quick count. Golkar's Siti Nurmakesi-Indar Wimbono recorded 22.27 percent. Widya is the wife of former regent Hendy Boedoro, who is currently in prison in connection with a graft case.

In Kebumen, Buyar Winarso-Djuwarni led incumbent Nashiruddin AM- Probo Indartono 226,110 votes (50.85 percent) to 218,591 votes (49.15 percent).

Sigit Widyonindito-Joko Prasetyo collected 43.64 percent to hold an upper hands over Budi Prasetyo- Kholid Abidin (36.56 percent), Budiyarto-Titiek Utami (14.36 percent) and Koentjoro-Rahayu Enny Rahajeng (5.44).

In Malang, East Java, the poll monitoring committee threatened to disband because the its operating funds have not been disbursed. Committee chairman Muhammad Wahyudi said they proposed a Rp 4.4- billion budget but the Malang administration office had not endorsed it.

Abdul Malik, the administration secretary, said that they would only provide Rp 1.2 billion, as was endorsed previously by legislative councilors. He hoped the committee would accept the amount but Wahyudi said it was impossible.

"That sum would only last until the end of June. Even if it was allocated only for members' payments, we would still incur a deficit of Rp 150 million," Wahyudi said. The committee has 700 members in more than 390 villages.

Elections are being contested by Rendra Kresna-Ahmad Subkhan, Muhammad Geng Wahyudi-Abdurahman and Wahyu Agus Arifin-Abdul Mudjib Dzazili.

[Suherdjoko, Agus Maryono and Wahyoe Boediwardhana contributed to the story from Semarang, Purwokerto and Malang.]

Golkar feels the heat from poor showing in regional elections

Jakarta Globe - June 6, 2010

Markus Junianto Sihaloho & Camelia Pasandaran – Following a series of bruising defeats in local elections, Golkar leaders have exhorted local party officials to work harder to win the trust and sympathy of voters on the ground.

"Show that the Golkar Party, at the national and local levels, has the ability to be an effective political machine in developing and directing the government to reach goals that benefit the people," Golkar chairman Aburizal Bakrie said on Saturday.

But if the early results in regional elections are any indication, the former ruling party under Suharto has a long way to go in transforming rhetoric into votes.

Local elections, which began in February and will continue well into the second half of the year, have not been kind so far to either Golkar or the ruling Democratic Party.

The opposition Indonesian Democratic Party of Struggle (PDI-P) has dominated the early goings, winning 63 percent of the regional elections to date, ahead of Golkar and President Susilo Bambang Yudhoyono's Democrats.

Speaking on Saturday during a Golkar meeting, party official Priyo Budi Santoso said lawmakers needed to bring innovative ideas to the table to defend the interests of their constituencies and keep voters happy.

"All Golkar members must become the engine for initiating concepts and ideas that benefit the public," Priyo said.

Christina Aryani, who heads Golkar's department for the coordination of legislative and political institutions, said the party still held out hope for the 2014 national elections, despite the early disappointments.

"What we really need to learn is how to get better and improve in the area of legislation," she said.

Aburizal called for improved solidarity among Golkar members in local party branches, especially when dealing with regional elections. He said that in some regions, fragmented support for party members was directly responsible for election losses.

"I hope all of our members can work together and use their influence to help the candidates we support," he said.

Aburizal also said the party's lawmakers could do more for Golkar's standing by listening to the needs of their constituents, exhibiting a clearer understanding of the issues and working harder to resolve the problems of voters.

Golkar's deputy treasurer, Bambang Susatyo, said he felt the party may have got it wrong from the outset by choosing candidates that were out of touch with their districts.

He said the party was trying to redress those mistakes by hiring survey institutions such as the Indonesian Survey Institute and the Indonesian Survey Circle to help it select the best candidates for district seats.

"It's not about like or dislike. It must be based on a scientific approach, the electability and capability of the candidate," Bambang said.

Burhanuddin Muhtadi, a political researcher with the Indonesian Survey Institute, said that PDI-P picked candidates with the best chance of winning at the ballot box.

"Golkar is often hampered by its own internal disputes and political infighting," Burhanuddin told the Jakarta Globe.

"If Golkar suffers losses in the regional elections, it could reflect a failure to gain more support for the 2014 national elections," he said. "Regional elections are investments for increased votes at the national polls."

But if Golkar has problems, they pale in comparison to those of the Democratic Party.

"In the past, although Golkar and PDI-P won regional elections, the Democratic Party could still win at the national level because it had Susilo Bambang Yudhoyono, who is an electoral magnet," Burhanuddin said.

"But in 2014, that will change because they can no longer sell the figure of SBY. So if they fail in the regional elections, it will mean that the party may no longer be able to maintain its electoral achievements at the national level."

Indonesia's local elections are being contested in 453 districts throughout the country's 33 provinces.

Sore losers taint Indonesia's democracy: Experts

Jakarta Post - June 1, 2010

Arghea Desafti Hapsari, Jakarta – Pundits say elections are a prerequisite for democracy, but for others elections are just a business – or a chance to steal power.

Indonesia has been praised for holding three successful, fair and considerably-open general elections after Soeharto's downfall, but the quality of regional democracy in the country is far from ideal, according to experts.

The Constitutional Court currently has at least pending 15 election dispute cases that were filed by defeated regional candidates throughout the country. It has issued verdicts in five cases.

The court – regarded as one of the few successes of Indonesia's political reforms – has accepted nearly 600 petitions to contest election results after the 2009 general election, said a representative.

Wrangling over regional election results reflects people's poor dispositions more than it does a thriving democratic process, said Iberamsjah, a political analyst from the University of Indonesia.

"There are people who are ready to win, but not to lose," he told the The Jakarta Post recently. In some cases, winners won polls through cheating, which prompted losing parties to reject election results, he added.

Indonesia will hold 244 regional elections in 2010. Crowds have resorted to violence in several elections this year.

In May in Mojokerto, East Java, alleged supporters of a individual who was not included on a list of candidates ran amok, burned several cars and smashed the windows of the local representatives council office.

Thousands of people in Banten who supported losing candidates broke into the local representatives council office earlier this year and demanded new elections.

Local elections are not always organized neatly. In 2009, the Constitutional Court voided Bengkulu's 2008 election after the winner was discovered to be a convict.

Iberamsjah said that representative democracy was better than direct democracy, especially in regions. "Regional leaders should be chosen by local representative councils. Elections will be more effective and we will find high-quality people to run regional administrations," he added.

Direct elections were doing more harm than good, he said. "Direct elections cost more. Disputes in regional elections cause horizontal conflicts to escalate. The nation's image in international eyes is marred and we are regarded as people who snap easily."

The direct election system has produced less-than-ideal outcomes, he said. "No tests have been done to discern the (good) candidates apart from others. The candidates who are win (in regional elections) are those who are popular and have money, and not the high-quality candidates," he said.

The Home Ministry is currently evaluating a proposal that will require regional election candidates have organizational experience. Constitutional Court justice Akil Mochtar said that poor management contributed to regional elections problems.

"The election disputes that have been filed at the court show serious and abounding problems that have yet to be solved in administering the regional elections," Akil told the Post.

The election disputes are part of a national learning process, he said. "We are still learning and perfecting our democracy."

Victims turned into political prey by candidates

Jakarta Post - June 1, 2010

Indra Harsaputra, Sidoarjo – Victims of the Lapindo mudflow disaster have been claimed to be the targets of the political elite running in the local elections.

Khoirul Huda reportedly once took to the streets along with victims, protesting for compensation from Lapindo Brantas Inc., the company blamed for the disaster. Nowadays, he is courting support from the people as he is vying the Sidoarjo regency top helm, pairing with Bambang Prasetyo Widodo, the operational director of PT Minarak Lapindo Jaya, the subsidiary of Lapindo.

"I want change in Sidoarjo and if elected, I want compensation (being paid) soon for mudflow victims," he told The Jakarta Post recently.

Khoirul, who is running on the nomination ticket of Golkar Party, is up against Yuniwati Teryana, the vice president of Lapindo Brantas Inc. in charge of social affairs. She is pairing with Sarto.

Nominated by the Democratic Party, Yuniwati declared her candidacy a few days after President Susilo Bambang Yudhoyono, who is also the party's patron, urged Lapindo Brantas Inc. to spur cash compensation in his visit to the mudflow site in March.

The other two pairs for the elections, scheduled in August, are Emy Susanti-Win Hendarso and Agung Subali-Samsul Wahid. Emy is the wife of incumbent regent Saiful Illah.

The nomination of the two candidates coming from the company owned by Golkar chairman Aburizal Bakrie has allegedly caused a split between mudflow victims. Those who are close to them are said to receive their compensation immediately.

Yayan Sakti Suryandaru, an expert of political communication from Airlangga University, said the elections could provide a deflecting topic from mudflow.

"Their nomination is indispensable to the company's interest to maintain its asset in Porong," he said at a seminar. Porong is the mudflow site.

Pitanto, a victim, said they had been getting used to being wooed by candidates using food and money. When elected, he said they forget their promises.

"We are tired of shouting support for candidates. We just want to live a better life after the mudflow destroyed our homes," he said, adding that he was not supporting any candidate for the regent elections

Maksum Zuber, who runs an Islamic boarding school, said mudflow victims were not consistent anymore in their demand for compensation.

"They fell to conflict between them. Those who refuse to support particular candidates are deemed as being outside their circles and consequently their compensation stalls," he said.

Paring Waluyo, an activist who provides counseling for the victims, said practices of middlemen were rife, in which a group of people were willing to mediate for the acceleration of compensation disbursement but chargied between 15 and 25 percent from the sum as service fees.

"If the government and Lapindo were serious in handling the compensation affairs, such practices might not exist," he said.

Adib, another victim, said East Java Governor Soekarwo had not met his promise made during the campaign that mudflow victims would be relocated soon if he was elected.

"The government stated two years ago that our homes were unworthy to live in. But we haven't received compensation," he said.

He said hundreds of residents were living on hot spots around the mudflow where they were facing risk of dislocation and toxication.

Mudflow in data

May 29, 2006: The drilling wells operated by PT Lapindo Brantas at Renokenongo village, Porong district, Sidoarjo regency, leaked and sprouted gas with hot mud.

June, 2006: Hundreds of residents were evacuated. Some 130 people around the mudflow area at Porong received medical treatment for respiratory problems; Dozens of factories were closed and hundreds of workers dismissed. President Susilo Bambang Yudhoyono asked PT Lapindo Brantas to provide compensation to victims of the mudlow; general manager PT Lapindo Brantas Imam Agustino was questioned as witness by the East Java Police.

July 2006: The police named six suspects in the mudflow; another three officials of Lapindo were named suspects on the charge of environmental crime.

Aug. 2006: Three villages – Renokenongo, Jatirejo, Kedungbendo – covering a total area of 80 hectares, were inundated with mud measuring 3 meters deep. Houses, schools and factories were identified only by visible roofs. Thousands took refuge to Pasar Baru Porong.

Sept. 2006: A mudflow controlling team was formed with the task to handle the disaster. Two other villages were inundated by the hot mud following the breakdown of the dikes. Land surface was reported to have sifted down between 20 and 80 centimeters in the last month. The turnpike was flooded by the mud, 1.5 meters deep.

Oct. 2006: Pertamina gas pipes beneath the dikes holding the mudflow at the southern side of Porong-Gempol turnpike exploded. The seven monitoring the mudflow were killed.

Dec. 2006: Lapindo and victims agreed on compensations.

Feb. 2007: Lapindo refused to pay compensations to 14,000 residents of Perumtas I.

March 2007: A truck driver working to strengthen the dike was killed when his vehicle capsized.

June 2007: Former president Gus Dur asked the government to be serious in handling the disaster.

Nov. 2007: The Jakarta District Court ruled PT Lapindo Brantas had fulfilled its obligation in handling the mudflow, by which the court rejected a lawsuit by Indonesian Legal Aid Foundation (YLBHI), which had sued the company and the government for negligence.

Jan 2008: The East Java Police chief stopped the Lapindo investigation.

March 2008: The enclave at the flowing center slid down.

June 2008: Methane gas was observed to spill from the rice farming land near the mudflow site.

Nov 2008: The dike at Renokenongo village collapsed.

March 2009: Oil content was identified from the mudflow.

Jan. 2010: The mud swamp was planted with mangroves.

Freedom of expression & press

Logging firms accused of intimidating journalists

Jakarta Globe - June 4, 2010

Fidelis E Satriastanti & Ismira Lutfia – Ineffective law enforcement and heavy-handed tactics by logging companies are the main causes of the intimidation suffered by journalists when reporting on logging in remote areas, press activists said on Friday.

Margiyono, advocacy coordinator for the Alliance of Independent Journalists (AJI), told the Jakarta Globe that journalists reporting on environmental damage within logging concessions were often bullied by the companies' security teams, who held sway over the scant police presence in such areas.

"The police have virtually no authority there," which leaves the logging companies in effective control of security, he said.

Hendrayana, chairman of the Jakarta-based Legal Aid Foundation for the Press (LBH Pers), told the Globe his group had received seven reports so far this year of intimidation of journalists reporting on deforestation, mostly in Sumatra.

In a statement released on Thursday to mark World Environment Day, Paris-based media watchdog Reporters Without Borders said: "Attacks on journalists and bloggers who try to cover any kind of environmental damage are growing steadily all over the world, but those who investigate industrial pollution or the destruction of forests are particularly exposed."

It released an investigative report on such incidents in Indonesia, Argentina, El Salvador, Gabon, India, Azerbaijan, China and Morocco.

In the latest incident in Indonesia, Ahmadi, a reporter for the Harian Aceh newspaper, was allegedly assaulted on May 21 by an intelligence officer from the Simeuleu District Military Command. Ahmadi had previously reported on allegations that military personnel were complicit in illegal logging in the area.

Mukhtaruddin Yakub, chairman of AJI Banda Aceh, told the Globe that Ahmadi had been scheduled to testify before the Military Police on Friday but was "traumatized about having to seeing the soldiers" and had requested a postponement of the hearing. He said Ahmadi would undergo counseling before testifying.

Hendrayana said local police were unresponsive to journalists' complaints about such treatment, and only investigated if there was pressure from the public or advocates. "It's not just a case of one journalist; it's about ensuring journalists' safety in doing their work," he said.

Reporters Without Borders said: "Behind each of these threats and attacks there were big corporations, criminal gangs or government officials who had been corrupted by money from mining or logging."

The group's report cited journalists in Sumatra, Jambi and Riau who said that "leading companies managed to suppress most critical articles by applying pressure or paying local journalists 'subsidies.'?"

Rudi Kurniawansyah, a contributor to the national Media Indonesia newspaper, backed the claim that firms continually attempted to bribe reporters for favorable coverage. "Whenever there's a raid on illegal logging, the police try to cozy up to the reporters," he said.

Rudi said this differed starkly from their manhandling of foreign journalists covering a Greenpeace sit-in of a logging site in the Kampar Peninsula in Riau. In that incident last November, Raimondo Bultrini, an Italian reporter for La Repubblica newspaper, and a journalist identified as Kumkum from India's Hindustan Times were taken in for questioning by local police who alleged they did not have proper documents. They were released the same day.

Forest Network Rescue Riau (Jikalahari) activist Susanto Kurniawan said the intimidation was often as blatant as theft.

"After I reported to the Corruption Eradication Commission [KPK] about possible graft at 14 companies implicated in illegal logging back in 2007, I lost my suitcase," he said. "It was filled with original documents [supporting my case], and I haven't recovered it since."

Jakarta/urban life

Jakarta governor defies Supreme Court ruling

Jakarta Globe - June 3, 2010

Ulma Haryanto & Fidelis E Satriastanti – In defiance of a Supreme Court ruling, Jakarta Governor Fauzi Bowo said on Wednesday that the city would proceed with a major sea reclamation project in North Jakarta, despite warnings from activists that it could have dire environmental consequences for the city and outlying areas.

"We will take legal steps and we are going to request a judicial review on that verdict," said Fauzi, adding that in the meantime his administration would restart the project using the original permits issued to the city in 1994.

The plan to reclaim a 32-kilometer-long stretch of land in Jakarta Bay, providing an additional 2,700 hectares of land, was proposed in 1994, but was sidelined in 2003 by the Environmental Ministry after its environmental impact analysis was rejected.

Legal wrangling over the reclamation has followed ever since. The contractors initially working on the project filed a suit to overturn the ministry's ban in the Jakarta Administrative Court. The court ruled in favor of the contractors, but the project remained suspended after the ministry appealed the court's decision.

The Supreme Court ruled in favor of the Ministry of Environment in July 2009. But the decision was only forwarded to the Jakarta Administrative Court in March. In Indonesia, the Supreme Court does not hand out rulings to the parties directly. Instead, it refers decisions back to the preceding court, which is charged with informing the parties of the higher court's decision.

Fauzi went on to insist that the project would not harm the environment, and in fact would protect North Jakarta from rising sea levels. Scientists have predicted that global warming will cause sea levels to rise on Jakarta's coasts by 31 centimeters over the next 50 years.

The ministry's opposition to the project has been reinforced by a 2008 presidential decree on urban planning that demands tougher environmental standards for projects that would affect large regions.

Environmental groups and the ministry remain unconvinced: "Jakarta can only continue with its project if it has secured the sufficient anylysis," said Hermien Rosita, who works on spatial planning and pollution control at the environment ministry. "Coordinators have not explained whether the 13 rivers disgorging into the North Jakarta coast would be affected."

Hermien also said it was unclear whether the material for the landfill would be toxic.

Ubaidillah, from Indonesian Forum for the Environment (Walhi), said that all reclamations slow the flow of rivers. "Sea water could enter the rivers. This worsens floods," he said. "If this project is not coordinated with Banten and West Java, how can it work? Floods inundate Banten without this project. What happens if it continues?"

Wiryatmoko, who heads the city's urban planning office, agreed with the governor: "The reclamation gives more space for Jakarta's development. And the 2008 presidential decree states reclamations [of seas] is allowed up to a depth of 8 meters."

He also denied environmentalists' claims that a reclamation of this scale would affect the water flow of 13 rivers, which disgorge into Jakarta Bay.

Economy & investment

Indonesia maintains ban on foreigners buying property

New York Times - June 4, 2010

Jon Gorvett – Hopes for a change in Indonesia's restrictive rules on foreign ownership of property were dashed when a major conference of real estate agents on Bali ended last week without an expected government announcement.

"We all thought they were ready to go for it," said Bagus Adikusumo, director of Colliers International Indonesia. "But then it didn't happen."

Only Indonesian citizens are allowed to hold freehold titles and the Constitution limits ownership of land as well. Foreigners wishing to buy property have had to make purchases through Indonesian proxies, or one of two types of limited lease. The first is a 30-year renewable lease available to entirely foreign-owned companies; the second is a 25-year renewable "right of use" lease available to individual foreigners.

"The problem is that the second of these leases is not bankable – no bank will lend on a title that is so limited and difficult to change," said Alwi Bagir Mulachela, secretary general of the Indonesian real estate association. "It's also not clear what happens if the foreign owner dies – inheritance is not clear in these circumstances."

The Indonesian government has been eager to increase foreign investment and not be left behind by countries like Cambodia and Vietnam, which have recently eased their foreign ownership laws.

At the conference held last week by the International Real Estate Federation, known as the F.I.A.B.C., agents had expected the government to announce that foreigners would be allowed to buy property with a minimum value of $150,000; to introduce a simplified, 70-year lease that could qualify for bank financing; and to clarify the right of foreigners to inherit.

"I think they backed off first for nationalistic reasons," Mr. Adikusumo said, "then secondly, because of fears that opening up the market to foreigners would favor luxury house construction at the expense of low-cost mass housing. They will also have to make major changes in the law, even perhaps the Constitution, which would take quite a while to push through Parliament."

There are some indications that changes may still occur. "Limiting foreign ownership is no longer the right approach," the country's public housing minister, Suharso Monoarfa, said in his speech at the conference.

Mr. Mulachela, of the real estate association, said: "I'm confident we'll get something by the end of the year. The government says it's working on it and the Land Office says it is too, so we're still hoping."

Untangling tax, laying roads keys to growth: Minister

Jakarta Globe - June 2, 2010

Irvan Tisnabudi – Tax reform and infrastructure development are among the keys to achieving the economic growth target in 2011, Finance Minister Agus Martowardojo told lawmakers on Wednesday.

Speaking to the House of Representatives' Commission XI, which oversees financial affairs, Agus said infrastructure development, including power plants, roads and ports, would be made a national priority. Central and local governments would coordinate their regulations to ensure development, he said.

Also key to growth was continuing reforms at the tax office to ensure that state revenues were maximized, he said. "This year, the tax [to gross domestic product] ratio is 11.3 percent. We have targeted a 12 percent ratio for 2011," he said.

The government's commitment to overhauling the tax office has been questioned after former Finance Minister Sri Mulyani Indrawati, a strong reformer, resigned last month. She he had been under pressure for months, including over high-profile tax cases. In the wake of Sri Mulyani's exit, some members of the commission from the Golkar Party have called for the removal of top tax officials over their handling of tax investigations, and a revision of the tax law that they said granted officials too much power.

The office is probing alleged tax abuses at companies affiliated with the Bakrie Group, which is owned by the family of Golkar chairman Aburizal Bakrie.

Commission XI member Edwin Kawilarang, of the Golkar Party, on Wednesday agreed that infrastructure development was crucial for accelerating growth. "Infrastructure that will improve transportation will be the main driver of economic growth next year," he said.

Agus's success at reforming the tax office will also play a pivotal role, Edwin said. "The new minister's performance has yet to be evaluated, as he has just started his work, but his support for reforms in his ministry will largely determine the nation's economic growth."

The Finance Ministry has targeted GDP to grow by 6.2 to 6.4 percent next year. However, several commission members have urged the ministry to push its target higher.

"We ask that the target be 7 percent, as we expect next year's exports and investment and infrastructure improvement to grow the nation's economy by at least that amount," Edison Betaubun of Golkar said.

Analysis & opinion

Pork barrel politics

Jakarta Post Editorial - June 8, 2010

Pork barrel politics is as commonly practiced and proved effective in its country of origin the United States as in other countries like the Philippines, but it may not be the case in Indonesia.

Not only will the spending proposal, called the aspiration fund, contradict the 2005 law on state finance, which requires the orderly, efficient, transparent and accountable management of state funds but, more than that, it breaches the Constitution's division of labor between the executive and the legislative branches of power.

The paradox of the reform era in the last 12 years has seen the country shift closer to the parliamentary system of government from the original presidential system of government, and now the politicians intend to erode the Constitution further by seizing the government's executive role.

Fear about the withering way of the Constitution has been rife when the ruling coalition, for the pragmatic reasons of keeping them solid following the Bank Century brouhaha, formed a joint secretariat that is allowed to exercise the President's authority to summon Cabinet ministers, although limited to those who represent members of the pro-government parties. So far, the authority has remained unexecuted, but defiance of the Constitution is there.

Regrettably, the aspiration fund was proposed through the joint secretariat mechanism, at least according to chairman of the Golkar wing at the House, Setya Novanto, who claimed the budget spending scheme had been approved by the ruling coalition.

Such a claim proves inaccurate, as other coalition partners like the Prosperous Justice Party and National Awakening Party are against the aspiration fund.

Golkar's all-out defense of the pork barrel politics has gone too far, as the party has appeared to involve political intimidation to reach its goal, by warning that the upcoming deliberation of the 2011 draft budget will deadlock if the aspiration fund issue is removed from the table.

If approved by the House, the spending proposal would let each of the 560 legislators disburse Rp 15 billion (US$1.6 million) in taxpayers' money to develop their constituencies.

Golkar insists that the proposal will promote a fair distribution of the development funds and, therefore, develop disadvantaged regions, but the facts reveal about 90 percent of the politicians represent developed regions. The pro-poor premise is a fallacy itself, as the aspiration fund will, on the contrary, widen the gap between developed and underdeveloped regions.

In terms of political implications, the aspiration fund resembles the trillions of direct cash assistance and other pro-poor schemes that helped President Susilo Bambang Yudhoyono win a second mandate in 2009. However, the two are different in terms of accountability.

It is simply difficult to imagine how House lawmakers, who cannot even submit appropriate accountability reports every time they complete an overseas trip, could take account of the use of the aspiration fund. The politicians may have counted their chickens before they hatched, but overlooked the administrative responsibility for the use of the taxpayers' money.

What is more concerning are the corrupt practices that have been associated with the House ever since it gained more powers as a result of the political reform.

In the hands of the politicians, the money could be used to fund political campaigns or smooth business cronyism, according to Indonesia Corruption Watch's Ibrahim Fahmi Badoh.

Past and current hearings at the Corruption Court have discovered graft practices have taken root in the legislative body and, in some cases, involve political parties as institutions.

The House would have been better catching up with its own still- outstanding work. A backlog of bills has been left untouched, since lawmakers are focusing more on their checks and balance function instead of legislative duties. The fact has raised a question about the lawmakers' capability of making the law, while people are used to seeing them merely making noise.

US hails growing Indonesia's role in world affairs

Jakarta Post - June 7, 2010

Relations between Indonesia and the United States are probably at their historic best, and the planned visit of President Barack Obama to Indonesia this month, which is now postponed, would have signaled the recognition in Washington of the growing role that Indonesia plays in world affairs.

Muslim scholar Azyumardi Azra of the Jakarta State Islamic University, politician Bara Hasibuan of the National Mandate Party (PAN) and Endy M. Bayuni of The Jakarta Post traveled to Washington last week to gauge the sentiments of the US government toward Indonesia.

The announcement of President Obama's decision to postpone his trip to Indonesia was a major disappointment not only for many in the hosting country, but also among many Americans who had hoped to see large payoffs that the visit would bring to the relations between the two countries Many in the government, particularly in the Department of State and the White House, had worked hard these past few months preparing for the visit. Before Friday's announcement, they had worked with enthusiasm, believing that the visit would launch a new era of a closer partnership between the United States and a more confident Indonesia.

While some may inevitably have played up the emotional link that President Obama has with the country he spent four years as a child in, those who have closely followed the relations between Indonesia and the United States know that other factors are also at work in bringing the two countries closer together.

Indonesia has stood out in Asia, most particularly in Southeast Asia, economically as well as politically, to an extent that it is hard for those working in the foreign policy circle here not to notice the implications it has on the US strategic interests in the region. Indonesia is a success story and we want to see it remaining that way," says a senior official at the State Department who requested anonymity.

Indonesia may not be on the radar screen of the American public who is more familiar with China, Japan, India and South Korea, but in the corridors of the government here, they are beginning to pay attention to Southeast Asia's largest country.

Regular briefings on Indonesia by the State Department now are well attended to by many more other government branches outside the usual and obvious ones like the State, Defense and Commerce departments. Nowadays, they include the Environment Protection Agency, as well as agencies dealing with energy security, food security and maritime affairs and others, which in the past had no or little interest in Indonesia.

We've had to move to a bigger conference room," says a State Department official.

The political and economic reforms over the last 12 years have certainly helped to improve Indonesia's profile and global standing. Indonesia is now in the G20 of major world economies, and has taken some of its own initiatives, whether in the Association of Southeast Asian Nations (ASEAN) or on global issues like climate change.

Indonesia's pledge last year to cut its carbon emissions by 40 percent by 2020 with International assistance and last month for a moratorium on deforestation were seen as bold and deserved international support, including from the United States.

Indonesia is now also championing the cause of freedom, human rights and democracy through the annual Bali Peace and Democracy Forum of Asia-Pacific governments and is actively promoting dialogue between people of different faiths within and across regions. Jakarta even convinced Washington to bring religion into the diplomatic table. The inaugural Indonesia-US interfaith dialogue was launched in January.

While the fight against terrorism and the threat from radical Islamic groups remain important, surprisingly they never came up in the separate discussions that the Indonesian group held with officials from the State and Defense departments and the National Security Council last week. Two years ago, these would have been the only questions they asked.

Instead, the one question that was consistently raised at these meetings last week was the impact of the departure of reformist finance minister Sri Mulyani Indrawati on the overall anticorruption campaign in Indonesia.

Mulyani is certainly a popular figure in Washington, especially after her appearances at G20 finance ministers meetings, but the question was asked more as a reflection of a major shift on the issues that concern Washington the most, that is a shift from terrorism and the threat from radical Islamic groups to governance and economic reforms. (Mulyani arrived in Washington a week earlier to start her new job as managing director at the World Bank).

There is also a major shift in the way United States approaches Indonesia.

As recently as three years ago, one US Embassy staffer in Jakarta was complaining about how hard it was to get folks in Washington interested in Indonesia because Jakarta was doing fine with its reforms and counterterrorism campaign. This was in contrast to the 1990s when Indonesia caught the attention of people in Washington for its human rights atrocities and its occupation of East Timor.

Now, Indonesia is once again getting Washington's attention, but this time for the right reasons.

It is probably no coincidence that relations between Jakarta and Washington improved along with Indonesia's own growing confidence on the international stage.

The United States has embraced President Susilo Bambang Yudhoyono's proposal to work on a comprehensive partnership agreement and the two countries have been working on the details as well as ironing out remaining differences for the document to be signed by the two leaders, if and when Obama eventually visits Indonesia.

We are happy with the partnership, which is based on mutually beneficial relations rather than an alliance," says a State department official.

Things are already happening even as the two governments prepare to finalize the agreement. On the "soft-power" diplomacy, the United States has increased the size of its education grant to Indonesia and raised the number of Indonesian student intakes on the Fulbright scholarship program. This year sees the return of young Americans working under the banner of the Peace Corp, and later in the year, the US Embassy is launching the "American Space" program in Jakarta, which provides access to information and educational resources.

In terms of hard-power diplomacy, the two countries have almost fully restored the ties that suffered following a US ban on all military cooperation imposed in the 1990s for Indonesia's policies in East Timor. One issue that remains is that the US government is banned by Congress to engage in cooperation with the Indonesian Army's Special Forces (Kopassus).

With the two countries working jointly on so many sectors at the same time, it is unlikely that one single issue could undermine the entire relationship. Indonesia and the United States, for example, do not see eye to eye on issues like the Middle East, but the flotilla tragedy last week would not have been likely to spoil the atmosphere even if Obama had decided to come. The issue would certainly have been raised and there were plans of protests to greet Obama, but that would have been more as a display of Indonesia's vibrant democracy and its ability to have an open discussion on sensitive and contentious issues.

Obama's postponement to visit Indonesia for a third time may not go down well among people in both countries, but it has not taken away the fact that the two countries have made significant progress in building their relations.

President Obama's visit, if and when it takes place, would be more of a symbol, an important one given his Indonesian childhood years, rather than one that would trigger this process. The visit would have been more like putting the icing on the cake, and a delay of a few months isn't likely to spoil the cake.

We just have to keep baking the cake in the meantime," a senior State Department official says.

Where questions can lead to convictions

Jakarta Post - June 6, 2010

Elaine Pearson, Jakarta – As US Secretary of State Hillary Clinton emphasized in a speech last year, Indonesia has now "embraced democracy."

But in today's Indonesia, simply asking critical questions of public officials – a healthy aspect of democracy that can help spark pressure for change – can lead to a criminal conviction. Just ask Tukijo, who understands from first-hand experience how Indonesia's criminal defamation laws threaten its status as one of the world's largest democracies.

I met Tukijo last November in Yogyakarta. He is a farmer from Kulon Progo who unexpectedly found himself the subject of a criminal defamation complaint in May 2009. Fearing government officials would take away his land for a mining project, Tukijo had asked the head of his subdistrict about the results of a land assessment. A heated conversation ensued.

As a result, he was put on trial early this year, found guilty of defamation and sentenced to six months' probation and a three month suspended jail sentence. Tukijo told me when we spoke in November, "I think the government might be broken. Why should people asking questions be suspected like this?. One night, my wife and sons were crying and saying, 'What if you are sent to jail and we can't see you anymore?'"

Tukijo is one of scores of individuals who have been charged or questioned under Indonesia's criminal defamation laws. Journalists and anticorruption activists are frequent targets because of the nature of their work.

May 21 marked the twelfth anniversary of Soeharto's resignation, the event that began Indonesia's transformation to democracy. The growth of democratic institutions, in particular a free press, in such a short time is remarkable – so much so, that it seems at odds with a modern Indonesia to keep such laws on the books.

The Dutch introduced criminal provisions for defamation as a means of quelling resistance to colonial rule, but these laws continue to be used to this day. In fact, as recently as 2008, the Indonesian government strengthened criminal penalties for defamation on the internet, under a new internet law that even allows for pre-trial detention of those who express opinions online that are considered defamatory.

Indonesia's criminal defamation laws violate the internationally recognized right to freedom of expression, under treaties to which Indonesia is a party. One problem with criminal defamation laws is that they are open to manipulation. Police have aggressively pursued criminal defamation charges brought by influential political or other powerful figures.

Take the case of the anticorruption activists Emerson Yuntho and Illian Deta Arta Sari. The Attorney General's Office brought charges against the pair back in January 2009, but the police only decided to act on the charges ten months later, when the activists' organization was campaigning against corruption in the police force.

In some cases documented by Human Rights Watch, police used intimidating tactics when pursuing criminal defamation charges. At times, police have not bothered to properly investigate the underlying complaint, such as corruption, and instead prioritized a criminal defamation case against the person who exposed the corruption.

Being investigated or prosecuted for criminal defamation can have devastating effects on those accused. It can cost journalists their jobs, and organizations their reputations. The threat of prison causes stress for families, and lengthy trials cause headaches for business owners. And the fear of being branded a criminal creates self-censorship – making journalists think twice before writing critical articles about influential political figures.

Risang Bima Wijaya, a journalist convicted of defamation as the result of an article he wrote, told Human Rights Watch, "it was like an infection when other journalists found out" about his conviction.

Individuals certainly have the right to protect their reputation, but that can be accomplished through civil defamation laws. No one should go to prison simply for peacefully expressing their views.

Rather than pressing criminal charges against the likes of Tukijo, Illian Deta Arta Sari, and Emerson Yuntho, public officials should not only drop all charges against individuals, but also understand that enduring peaceful criticism is a necessary part of democratic rule.

When he visits Indonesia some day, President Obama should certainly acknowledge that Indonesia has made great strides on the path to democracy over the past ten years. But he should not ignore the lingering threats to democracy that persist in Indonesia.

In particular, President Obama should press Indonesia to repeal its criminal defamation laws and replace them with civil laws with adequate safeguards to provide a balance with the fundamental right of free speech. Failing to do so will only embolden the powerful and continue to have a chilling effect on people brave enough to speak up for their rights. If Indonesia truly shares the same commitment to democratic society as the United States, it should promptly address this serious problem.

After all, where would Indonesia be now if all those who criticized Suharto had continued to be silenced?

[The writer is acting Asia director of Human Rights Watch.]

Insight: Four stages of Pancasila

Jakarta Post - June 1, 2010

Asvi Warman Adam, Jakarta – Since its conception in 1945, Pancasila (the five principles of the national ideology) has gone through four stages of history over several administrations: conception, period of debates, the stage of engineering and rediscovery.

David Bourchier (2001) has also discussed the fourth wave of ideology in Indonesia although in a period and concept different from mine. He introduced four political ideologies for the country: 1) 1910-1945, romantic traditionalism; 2) mid-1950 to early 1960s, corporatist anti-partysm; 3) 1966-1998, integralist developmentalism; 4) post-Soeharto, the fourth wave.

On the first day of June 1945, Sukarno delivered a speech in a BPUPKI (Indonesian Independence Preparation Investigative Assembly) session in response to a question raised by Radjiman Wedyodiningrat, chairman of the meeting, about national principles – a speech applauded enthusiastically by the audience. A number of national figures had given presentations before Bung Karno. Speakers included Supomo who talked about the requirements for establishing a state (citizens, territory, government), but none talked about principles.

On the session of June 22, 1945 the team of nine chaired by Sukarno included seven words "dengan kewajiban menjalankan syariat Islam bagi pemeluk-pemeluknya" (with an obligation for Muslims to follow the Islamic canon law) in the preamble of the 1945 Constitution. However, before the Declaration of Indonesian Independence, Mohammad Hatta received a message from people of the eastern part of the country about their not joining Indonesia if the team decided to retain the phrase in the draft. He then discussed the issue particularly with Islamic figures.

The 1945 Constitution enacted on Aug. 18, 1945 had therefore no sharia-related lines included, and the first principle of Pancasila was revised to Ketuhanan Yang Maha Esa (Believe in One God). As part of the constitution preamble, the sequence and writings of the principles of Pancasila we know today are different from those drafted on June 1, 1945 following revision by the founding fathers.

The general election of 1955 marked the establishment of Indonesian Konstituante, a constitutional assembly in charge of drafting a constitution. At the time there were debates as to which would be made the principles of the state: Pancasila or any other ideology. Islamic parties supported the idea of Islam as the state ideology while nationalist and communist parties preferred to keep Pancasila.

No side managed to get two-third of the votes, and no resolutions could be made. On July 5, 1959 President Sukarno issued a decree on Konstituante dissolution, and stated that Indonesia should return to the 1945 Constitution – an official recognition of Pancasila in the preamble of the 1945 Constitution effected on Aug. 18, 1945 as the state ideology.

During Soeharto's administration, Pancasila became the single ideology for political parties and mass organizations. Many organizations initially opposed the decision, however, they had no option but to accept it.

The then Kopkamtib (Command for the Restoration of Security and Public Order) banned any events to commemorate the birth of Pancasila as of June 1, 1970. The contribution of Sukarno as the first person to come up with Pancasila was negated on a pretext that there were other people making speeches prior to Sukarno's appearance at the BPUPKI session, and the authentic version of Pancasila was the one ratified on Aug. 18, 1945.

Course books teaching history at school say that Pancasila is the work of all people living in Indonesia over prehistoric through modern times. With Mohammad Hatta, Ahmad Subardjo, A.A Maramis, Sunario and A.G Pringgodigdo as members, the committee of five set up by the president denied the attempt made by Nugroho Notosusanto. It is an irony that the government ignored the conclusion drawn by the committee.

On April 13, 1968, the president issued a decree on the authorized version of Pancasila. The MPR (People's Consultative Assembly) issued a resolution regarding Pancasila upgrading courses in 1978. When the New Order was in force, Pancasila became the single ideology of political parties and mass organizations alike.

The government ran national campaigns on the ideology for the public and in school educational programs. Upgrading sessions were compulsory for all parts of society – from the director's level down to administrators of neighborhood associations – and funded by the state.

Within a period of 10 years, as many as 72 million citizens were successfully upgraded, with no apparent results. The term Pancasila was used for almost anything: Kesaktian Pancasila (sanctity of Pancasila); Sepakbola Pancasila (Pancasila soccer) and Es campur Pancasila (Pancasila iced drink with fruits and syrup). Pancasila, however, was taught as mere points on attitude and behavior (honesty and responsibility, among others) that participants had to learn by heart. Pancasila was also used as a means to quieten people critically voicing concerns. Those who refused to evict their lands were regarded as "non-Pancasila- ists".

In the early days of reform, the Board for Developing Education and the Implementation of Guidelines for Installing and Applying Pancasila or BP7 (Badan Pembinaan Pendidikan Pelaksanaan Pedoman Penghayatan dan Pengamalan Pancasila) was dismissed. Pancasila is still a subject taught at school and in a number of universities and colleges. People have begun to celebrate the anniversary of Pancasila.

Despite the fact that some people still find it difficult to let go of the lingering idea of the New Order's Pancasila upgrading training, there is now an increased yearning for the ideology. Poor economic conditions coupled with a threatening schism and separatism have led people to look back and search for something than can bind all elements of the nation. History has proved that Pancasila is the perfect choice.

The four stages show conflicts and people's consensus with respect to Pancasila. We have agreed that Pancasila can be a unifying force, so why look for another? Searching for a different ideology may result in new conflicts. It would be best to argue only on how to implement each principle when dealing with internal and external issues facing us as people and as a nation as we progress toward the future. Pancasila in the mean time can be taught at school and university using a refreshed and dialogical approach.

[The writer is a historian with the Indonesian Institute of Sciences.]