Camelia Pasandaran, Indonesia The country's largest Islamic organization, the 40 million-member Nahdlatul Ulama, has denied being behind a recent movement seeking to unseat the president.
"We confirm that Nahdlatul Ulama does not agree with, and would not be involved in, any unconstitutional movement," NU head Slamet Effendy Yusuf said after meeting Vice President Boediono. "We disagree with any movement of this kind."
He said Nahdlatul Ulama would always abide by the Constitution, which says the president can only be impeached under several strict conditions.
Several organizations, including Petisi 28, which has been an outspoken critic of the government, have threatened to hold massive street demonstrations on Wednesday, the first anniversary of President Susilo Bambang Yudhoyono's inauguration to begin his second term in office. They have called on the president to step down for what they say are his leadership failures.
Several national leaders have also taken the president to task for his perceived weak leadership and have demanded the government work more closely with community groups to resolve the plethora of problems facing the nation.
The call came during a discussion on Tuesday hosted by Muhammadiyah, the country's second-biggest Islamic organization, and involving more than 20 prominent national figures. Two days after the Muhammadiyah meeting, university students gathered at NU headquarters for a discussion, titled "Consolidation and Call for Action: SBY's Government Has Failed."
Slamet said the students only rented the venue and did not represent the opinion of NU. He said any unconstitutional attempt to oust the president would only harm the nation.
"The public will suffer losses," Slamet said. "As a people's organization, we love the right way, the constitutional way." However, he said the NU expected the government, especially the president, to listen to the aspirations of the people.
Abdul Khalik, Ambon A young Ambonese, Hendrik Pohwain is occupied with feeding his family, while Maluku's economy is just starting to get back on its feet after earlier conflicts in which thousands of Christians and Muslims died.
"Enough is enough. We don't want anymore wars or politics. What we really need now is enough food, good education and quality health services for our kids. That's why I am trying to find a better job," Hendrik, 30, said here over the weekend.
Trying to improve life is the main preoccupation of people here, after the conflict which began in 1999, and ended in the early 2000s.
When asked if he had ever heard about the movement for the Republic of South Maluku (the RMS movement), the father of two said the organization is dead in Maluku.
Several of its alleged supporters were tried and convicted for joining rallies associated with the movement, originally set up in the 1950's to fight for separation from Indonesia.
"What RMS? There are many better things to talk about," Hendrik said. That was two weeks ago.
But as local media gave wide coverage recently to the RMS, Hendrik said he felt compelled to follow the news. The trigger was President Susilo Bambang Yudhoyono's recent cancellation of his trip to the Netherlands, following news that some Netherlands citizens including those representing the RMS had filed a lawsuit and demanded his arrest on charges of human rights violations. The reports became headlines in national and local media.
"Every where I look it's only news on the RMS, so many of us have now discussed the issue even after we have forgotten them for so long. It's actually useless," Hendrik said, adding that all the young people in Maluku had had enough of the RMS as they were now preoccupied with their own lives.
Chairman of the Association for Netherlands Alumni and Families, Theo Lekatompessy, who is of Maluku descent, agreed that the real winner of the cancellation of Yudhoyono's trip was the RMS.
"The RMS has achieved its goals. It has managed to make Yudhoyono fail to come to the Netherlands while getting wide coverage from the media and international attention," Theo said.
Theo expressed fears that the wide media coverage and international attention could form a basis for RMS to take its moves to the next level, including filing the case with the international human rights court, and in the event of a victory, this could be used to demand a referendum for independence in Maluku.
"Domestically, at least the RMS can now show to Maluku people that they are not dead yet. With all these headlines, the RMS still exists in the minds of Maluku people again," he said.
Sam Pormes, a former Dutch senator and also of Maluku descent, explained that the community of Maluku descendants in the Netherlands had grown from 12,000 in 1951 to 45,000 recently.
Of that number, he claimed about only 1,000 still aspired to establish an independent republic of "South Maluku". Another 1,000 descendants have publicly declared they oppose the establishment of the RMS, he said.
"Ten or 20 years ago, RMS had a strong support base. But nowadays, the majority of us don't care about whether to accept or reject RMS ideology," he said.
Pormes said that 10 or 20 years ago, RMS demonstration would have been supported by thousands of people. "Now, only hundreds of them attend their biggest activities," he said.
"They have difficulties in funding and in keeping their organization intact. Out of 1,000 that openly express sympathy with the organization, only about 100 people contribute regularly to RMS. Also, the die-hard followers have grown old, and they have had problems recruiting young members," he said.
Jakarta With 3,000 candidates vying for just 164 positions at the Indonesian Ministry of Trade, answering as many of the questions on the recruitment test correctly was always going to be of vital importance.
Imagine the surprise of many of the applicants, therefore, when they were confronted with the following multiple-choice question in the knowledge segment of the entry examination: "Which one of the song titles below is included in President Susilo Bambang Yudhoyono's third album?"
Anita, one of the candidates who sat the mass examination at Senayan Indoor Stadium in Jakarta on Tuesday, told news portal Okezone that the question was the most difficult to answer.
"I got a headache choosing the answer," she said, adding that she knew Yudhoyono had released several albums but that she never expected such a question to appear in the exam. "Two of my friends who also took the test this morning didn't know the song title either," she said.
Trade Ministry spokesman Robert James Bintaryo told the Jakarta Globe that he knew nothing of the question because the highly confidential test material was composed by a special team.
"Now my question is," Robert asked, "what is wrong if a general knowledge question is about Pak SBY's song? It's part of the general knowledge questions, there were 30 or 40 questions in that section and the song title was only one question." He added: "I can assure you, there are no hidden agenda behind the question."
Presidential spokesman Heru Lelono said Yudhoyono knew nothing about the question.
"As for the question itself, I see nothing wrong with it but there are many other, better, alternative questions for civil officer's general knowledge tests," Heru said. "Is it really important to ask civil officer candidates about the song?"
The results of the test will be announced on Oct. 19, followed by psychology tests and interviews.
Camelia Pasandaran, Jakarta A senior government official said on Tuesday that any attempt to force the president out of office through street protests would be unconstitutional.
Several organizations, including Petisi 28, which has been an outspoken critic of the government, have threatened to hold massive street demonstrations on Oct. 20, the first anniversary of President Susilo Bambang Yudhoyono's re-election. They have called on the president to step down for what they said were his leadership failures.
"In democracy, dissatisfaction, protests, criticisms are normal," said Hatta Rajasa, coordinating minister of the economy. "But forcing the president to step down is unconstitutional."
"Don't dream of a return to the old system that ignored democracy and the law," Hatta said. He appeared to be referring to the massive street rallies that helped force President Suharto out of office in 1998.
He said Yudhoyono and his government were open to discussion with those parties demanding his resignation, "so the government an explain the achievements we have reached."
Among those achievements, according to Hatta, is an increase in per capita income. He said per capita income was at $1,196 when Yudhoyono took office in 2004, and now stood at $3,000. "There has been much progress but there is still a lot of work to be done as well," he said.
Hatta also said that Yudhoyono's government had enjoyed success in lifting people out of poverty. He said the poverty rate had fallen from 16.7 percent in 2004 to the current figure of 13 percent. The unemployed rate has also fallen to 7.4 percent, he said.
"Our exports have increased sharply, and investment is now at an above- average level," he said. "We want to work harder to reduce poverty and disparity, and to increase welfare and build connectivity and infrastructure."
Meanwhile, Heru Lelono, a presidential spokesman, said Yudhoyono was not worried by the planned protests. "He's very sure that he has done well," Heru said. "No cabinet or leader is 100 percent perfect. If there are people proffering criticism he will listen, but that will not specifically make him worry" about his job security.
But Julian Pasha, another presidential spokesman, said that the planned protests could cross a line. "The government was established through legitimate election results. So we should respect the election results," he said.
Candra Malik, Solo The family of late former Indonesian dictator Suharto gathered at his grave in Karanganyar, Central Java, on Monday to mark the 1000th day since his death.
The commemoration was marked with a traditional ceremony called 'bedhah bumi' ('to open the earth'), a Javanese ritual where one's grave is rebuilt and a permanent tombstone is installed. Three of Soeharto's children, Siti Hardiyanti Rukmana (Tutut), Hutomo Mandala Putra (Tommy) and Siti Hutami Adiningsih (Mamiek). A number of local officials, including Karanganyar District Head Rina Iriani attended the event.
Suharto, who died in January 2008, ruled Indonesia with an iron fist for 32 years, but was credited with bringing significant development and wealth to the country.
His authoritarian New Order regime has also been accused of numerous human rights abuses and corruption on a massive scale. Suharto's wife, Siti Hartinah, better known as Tien Suharto, died in 1996.
In June, Rina Iriani said the local government would cooperate with the former first family to develop the Suharto cemetery complex into an international tourist destination. The plan was confirmed by Tommy, who said he had signed off on the plan and would also develop a hotel in the area.
"I will build a hotel so that visitors do not have difficulty finding accommodation," Tommy said at the Lor In Hotel in Solo, which he owns. "They can stay longer there and not have to go back and forth to Solo because they are staying at our hotel."
Jakarta The administration of President Susilo Bambang Yudhoyono (SBY) and Vice President Boediono is already facing a heavy challenge as it approaches the first year of its second term in office on October 20.
The reason being that student, worker and urban poor organisations are already preparing to take to the streets to demonstrate at the State Palace with the demand "SBY step down!".
The Workers Challenge Alliance (ABM), according to coordinator Budi Wardoyo, has already carried out a series of consolidations to gather together workers to take to the street along with students and ordinary people to coincide with Yudhoyono and Boediono's first year.
"Our preparations have not just been carried out in the greater Jakarta area, but also in Yogyakarta [Central Java], Surabaya [East Java], North Sumatra, East Kalimantan, Makassar [South Sulawesi], Ternate [North Maluku] and other cities. We will hold actions at symbols of power, Regional House of Representatives as well as local government offices", he said
In Jakarta, continued Yoyok as Wardoyo is called it is estimated that tens of thousands of demonstrators from labour, student and urban poor organisation will hold an action that will culminate at the the State Palace.
"We no longer trust SBY, we no longer trust the parliament to carry out an impeachment. We do not want this people's movement to be taken over by the parliament. Essentially, the people do not trust SBY-Boediono or the parliament", he exclaimed.
Yoyok said the reason for this is that up until now Yudhoyono and Boediono have been little more than foreign puppets, so they have to be overthrown by a people's movement.
During the planned action, workers will be rejecting revisions to Law Number 13/2003 on Labour and the privatisation of state-owned industries, demanding the development of the national industry and the nationalisation of mining and gas industries under the control of the people, opposing low wages and calling for free education and healthcare (imam)
[Translated by James Balowski.]
Hotli Simanjuntak, Banda Aceh Opposition by ulema and councilors in Aceh to a woman becoming district head is reportedly weakening.
Anisa, who became head of Pelimbang district, Bireun regency on May 21, 2010, said the ulema and councilors had initially opposed her promotion arguing that it was against Islamic law.
"[Opposition] has declined. Many public figures have come to me and apologized for their previous resistance," she told The Jakarta Post in a recent interview.
Considered a capable and good leader, Anisa was promoted to head of Pelimbang district by Bireun Regent Nurdin AR. Anisa was previously head of village administration at the regency, a position that gave her a chance to work with villagers.
"I covered 609 villages across different districts in Bireun. I never encountered any problems at the village level while doing my job," she said.
She added she was disappointed and frustrated by the opposition. "As a woman I felt I was being treated unfairly. I saw it as an attempt to restrict women in the community," she said.
Anisa said she had never been deterred by the opposition, which she said was a result of misinterpreting Islamic law.
Luki, from the Indonesian Women's Coalition of Aceh, blamed flawed interpretations of Islamic law for the objections raised to female leadership. "Rejecting women's leadership in Aceh is an ignorant and outdated form of Islamic sharia interpretation," she said.
According to Luki, there are many examples of the application of Islamic law with no input from women. Women, she said, were often the victims of misinterpretation in the application of allegedly Islamic-based regulations.
"It's a setback in the application of laws. It's like we're going back to the stone age, a premodern Islamic age, in which women were not allowed to lead," Luki said.
Luki said that there were many religious teachings that needed to be adjusted for the current era. "Banning a woman from becoming a leader is not practical because election law clearly allows for women's involvement in politics," she said.
Nurdin said that opposition to female leadership would not stop him from having female district heads in his regency. "[The rejection] is the work of a few people who interpret Islamic law incorrectly," he said.
Nethy Dharma Somba and Markus Makur, Jayapura/Timika Environmentalists insisted Thursday that the fatal flash floods in Wasior district in West Papua were caused by environmental degradation in the area.
They challenged President Susilo Bambang Yudhoyono's claim that the condition in the area was reasonably good and was not to blame for the flood, which has claimed about 150 lives.
Yudhoyono said he had observed the forest condition, seen aerial photographs of forests around Wasior, and found no visible signs of damage.
"I have seen the forests and they are still well maintained," the President said during his visit to the district. Yudhoyono and First Lady Ani Yudhoyono arrived Thursday morning at the Kuri Pasai seaport in Wasior to meet flood victims.
Yudhoyono said he had seen remnants of logs around the area, yet asserted that the finding could not be associated with illegal logging activities. "Those logs were from uprooted trees," Yudhoyono was quoted as saying by Antara.
He also spoke with Teluk Wondama district officials. He instructed local authorities to extend the emergency response to the victims from Oct. 8 to Oct. 31. Emergency response efforts were originally scheduled for 10 days.
Meanwhile, activists have blamed the flash flood and mudslide of Oct. 4 on environmental damage caused by natural and human factors.
The flood destroyed 80 percent of conservation forests, such as the 1,453,500 hectares in Cenderawasih Bay Marine National Park and the Mount Wondiboy Natural Preserve (73 million square kilometers).
"How could the protected areas be devastated by the incident, which was not only caused by nature but also other causes?' Foker environmental group director Septer Manufandu said in Jayapura on Thursday.
Soil structure around the Wondiboy mountainous region is unstable and prone to landslides. The surrounding ecosystem often changes due to high rainfall.
"Rainfall around Mount Wondiboy is recorded at between 4,000 and 5,000 millimeters per year. The natural condition is prone to disaster, let alone activities degrading the environment," said Lyndon Pangkali from the Papua WWF.
Based on the latest data from Wasior, the death toll stands at 154 with 123 missing, 188 seriously injured and 2,652 people taking shelter in Teluk Wondama, Manokwari, Nabire and other areas.
The Mimika regency administration is sending relief aid to Wasior, said Mimika Deputy Regent Abdul Muis on Thursday.
Muis said his office had urged the private sector and religious groups in Mimika to raise assistance to Wasior. "We have stockpiled food such as instant noodles and rice, and will immediately send them to Wasior," he said.
Camelia Pasandaran, Farouk Arnaz & Fidelis E. Satriastanti, Jakarta The government aims to speed up development of two economic clusters of local industries in Papua and West Papua to help overcome economic and social problems in the provinces.
The plan was announced after President Susilo Bambang Yudhoyono visited Wasior, West Papua, which has been devastated by flooding and landslides.
He also ordered that an evaluation of a 2007 presidential instruction to accelerate development in Papua and West Papua be expedited, a presidential staff member said on Friday.
"During the past two days, the president intensively discussed the efforts to reconstruct Wasior and accelerate Papuan people's welfare," Velix Wanggai, his special adviser for regional development and autonomy, said.
The perceived slow pace of development in Papua, along with alleged continuing human rights abuses, have long been used by local people to demand a referendum on independence. To speed up development in the country's two easternmost provinces, the government was pushing ahead with two key economic clusters.
"In Papua, we will involve environmentally friendly businesses," Velix said. "With the backup of power plants, we will support economic clusters in plantation areas in Timika, Merauke and in the northern part of Papua. In West Papua, we will push for one economic cluster in West Papua to develop cement, agriculture and cow farming."
Yudhoyono who has said he is upset by international and local criticism about the pace of development in Papua, will also convene a special meeting to discuss the acceleration of development.
Velix said the governors of the two provinces would present their master plans to the meeting.
Jakarta says Papua and West Papua are the largest recipients of development funding from the government but activists in the provinces and overseas say the money does not trickle down and benefit the people. They have also pointed to the continuing violations of human rights in Papua.
Yudhoyono said that in the case of the Wasior area, struck last week by a flash flood that killed more than 145 people and displaced thousands, the government would in the short term build makeshift shelters.
"The operation will be done by the military and police, as well as by the local people, so that the people can get an income," Yudhoyono said. He denied the devastation was a result of illegal logging.
Meanwhile, National Police deputy spokesman Brig. Gen. Untung Yoga Ana said the floods had damaged "around 90 percent of Wasior city and swept away an area covering more than 20 square kilometers."
Untung said two police officers were reported missing. Another police officer had been found dead and had since been buried. Four police vehicles, two motorcycles, a police station and a police dormitory were also swept away by the floods.
More than 70 police reinforcements had been dispatched to the area, Untung added.
Ridwan Max Sijabat, Jakarta Regional Representatives Council (DPD) will host a meeting between ministers and Papuan leaders on Monday to break the impasse over the future of Papuan autonomy.
The meeting will focus on stalled talks on leadership change in the Papuan People's Assembly (MRP) and how to recover lost trust between the sides.
DPD Deputy Speaker Laode Ida said the MRP, whose current term will end this month, should already have elected new members. Elections have not been held due to disagreements between local leaders and the central government.
"With political support from the parliamentary caucus of eastern Indonesia and local elites in Papua, the DPD will encourage both sides to extend the 75-member MRP's term until new members are elected," he told The Jakarta Post on Thursday.
Outgoing MRP chairman Agus Alua told the Post that according to the Law on Special Autonomy for Papua, MRP elections should have occurred in August but were suspended after the central government rejected the idea of a single MRP for Papua and West Papua.
"Ongoing deliberation by the MRP and the provincial legislature on bills mandated by the special autonomy law will be put off indefinitely," he said.
The MRP has endorsed eight of 17 special bylaws, including bills on the MRP and its job description, Papuan people's communal rights, communal courts, forestry and intellectual rights.
The central government rejected a bylaw allowing indigenous people to contest local elections during special autonomy's 30-year implementation period. The central government has not commented on the report of a Presidential team from the Indonesian Institute of Sciences on their peace mission in Papua.
The team called for dialogue between the central government and Papua to seek a comprehensive solution to the autonomy issue.
Laode said that the DPD was concerned about the complexity of the Papuan issue and the implications of stagnant implementation of special autonomy due to the absence of mutual trust.
He said the central government's suspicions of a Papuan separatist agenda were baseless. A population comprised of 250 deeply divided ethnic groups, each speaking different dialects, coupled with the number of migrants, would make it difficult for Papua to unite to seek independence, he added.
University of Indonesia public administration expert Sojuangon Situmorang agreed with Laode, saying the issues' settlement would depend on the commitment of the central government and local elites.
"Substantial progresss has been made over the past nine years since special autonomy began in 2001, but progress has been obstructed by Jakarta's suspicion and the Papuan people's distrust of the central government. Problems can be settled if both sides open their minds and are honest in implementing special autonomy," he said.
Sojuangon, who was also acting governor of Papua in 2005, said the central government and the Papua political elite should develop a common understanding of the root problems in Papua's two provinces and commit to improving the quality of human resources to allow Papua to catch up with other provinces.
Demands for self-determination by the two resource-rich provinces have increased due to what some see as the central government's half-hearted support for special autonomy in Papua.
Jakarta The Indonesian Red Cross have blamed "miscommunication" among emergency authorities for sending relief aid to the devastated town of Wasior in West Papua, despite the fact that most survivors had been evacuated to the provincial capital Manokwari.
Red Cross official La Abidin told the Jakarta Globe that the provincial government needed to step up and help coordinate the distribution of aid as most of the internally displaced had fled to Manokwari, while aid continued to pour into Wasior.
"There are many shelters in Manokwari despite the fact that aid is piling up in Wasior," Abidin said. "The provincial government has to help because there is ongoing miscommunication and miscoordination... the fact is, many locals have gone to Manokwari," he said.
At least 145 people were killed, 700 injured, more than 100 people are still missing and thousands of homes damaged when torrential rains triggered landslides and caused a river to burst its bank last Monday. Deforestation has been cited as another contributing factor to the disaster.
Abidin said efforts were still underway at the scene to recover bodies with the aid of heavy machinery. "We are focusing on how to reach remote areas that are not accessible by land," Abidin said, adding that helicopters had also been deployed to help provide medical assistance to remote areas.
Indonesian President Susilo Bambang Yudhoyono, meanwhile, is expected to visit the scene of the disaster on Wednesday, more than a week after the floodwaters tore through a number of villages, including Wasior.
Coordinating Minister for People's Welfare Agung Laksono said the government would assists in reconstruction and rehabilitation efforts after the emergency response period ended on Oct. 19.
Fidelis E Satriastanti, Markus Junianto Sihaloho & Banjir Ambarita, Jakarta After denying that the deadly flash floods in Wasior, West Papua, were caused by illegal logging, Forestry Minister Zulkifli Hasan on Tuesday said he planned to reclassify existing forest concessions near the district into conservation areas.
Forest concessions are essentially production forests, where concession holders are allowed to carry out commercial logging. Conservation concessions, on the other hand, will allow private holders to earn money through the carbon trading mechanism in exchange for preserving the trees.
Based on ministry data, there are 22 active forest concessions in West Papua, none of them located in Wasior. "We are planning to change these production forests into conservation areas so that these [concession] holders will shift to carbon trading," Zulkifli said.
At least 145 people were killed, hundreds were injured and thousands of homes were damaged when torrential rains triggered landslides in Wasior and caused a river to burst its banks on Oct. 4. More than 100 people are still missing.
Activists have blamed illegal logging for the disaster, a charge that has been denied by the government. Zulkifli said it was impossible that the floods were caused by illegal logging because the district was classified as a reserve.
"Wasior is already a nature reserve area which is the highest status for conservation," he said. "Besides, the area itself is very dangerous because [the landscape] is too steep," he said.
He added that his previous statement that illegal logging caused the flash floods was misquoted by the media.
"I did say that there is still illegal logging but that's in West Papua, not in Wasior, because there are no forest concessionaires and no illegal logging there," he said. "The flash floods were caused by the land textures that were too steep and intense rains."
However, legislators from Papua accused the government of lying when they denied illegal logging contributed to the disaster.
Paskalis Kossay, a Golkar lawmaker, said the government should not forget the protests in 2001 and 2002, when angry villagers assaulted the Papua offices of three logging companies, resulting in the death of five police officials, three employees and an unknown number of villagers.
President Susilo Bambang Yudhoyono has said he would visit Wasior today to see for himself whether illegal logging caused the flash floods.
The local lawmakers, frustrated by what they deemed to be the government's slow relief efforts, also demanded that the site be declared a disaster area.
Ishak Mandacan, a Democratic Party lawmaker, said the latest reports revealed that more than 2,000 victims were staying at a local port without enough food or a decent place to rest.
Siti Romlah, a worker at the Manokwari health center, said evacuees in Manokwari have begun contracting diarrhea, respiratory illness and malaria.
"From the 1,078 people currently housed at the military base in Manokwari, 535 are now ill, as much as 172 contracted respiratory illnesses while others are suffering from malaria and skin diseases," Siti said on Tuesday.
The lack of health facilities and poor sanitation at the location was exacerbating the situation, she said.
Ishak said he had requested his party leaders devote more attention to helping the victims but had not received a response. "On the contrary, I was asked to give Rp 15 million [$1,700] as contribution for the Democrat anniversary celebration."
Fidelis E Satriastanti A Papuan tribe fighting over its customary rights to land in court against US mining giant Freeport McMoRan on Monday dismissed an intervention lawsuit filed by several clans in the tribe as invalid.
Papua's Amungme tribe in March filed a lawsuit at the South Jakarta District Court against the miner's local unit, Freeport Indonesia, the Ministry of Energy and Mineral Resources and the Papua governor, demanding that Freeport pay $2.5 billion in material damages and $30 billion in non- material damages for the 2.6 million hectares of tribal land used by the mine in Timika, Mimika district. The tribe claims the land was illegally acquired.
However, on June 22, a group of 30 members drawn from other clans within the tribe the Omaleng, Bukaleng, Beanal, Omabak, and Jamang filed an intervention lawsuit which stated that they were opposed to the initial legal action.
"Their [intervention] lawsuit was intended to block our legal process but this lawsuit actually has no basis because only the rightful owner of the customary lands that we are fighting for now belong to the Natkime clan," said Titus Natkime, the clan's representative, adding that the lawsuit against the company was for areas located in the Grasberg mountains and the Tembagapura subdistrict.
"The other clans, as far as I know, have been very supportive of the lawsuit," he said. "They [the other clans] are also against the company because they felt the negative impacts of the waste management and there is no welfare for them."
However, he added, the lawsuit for compensation over customary lands can only be filed by the Natkime clan because they owned the lands. "They are welcome to support the action but they have no rights to file compensation claims because it's not their lands," he said.
Martinus Natkime, one of 30 signatories, said he had been tricked to sign as he was told the new lawsuit was over human rights and environmental degradation.
"We were told by Markus [Bugaleng, coordinator of signature collection], that we were going to file a lawsuit against the company over environmental degradation, waste management, human rights, customary lands, human resources and the issue of getting 1 percent of the company's gross income," he said, adding that instead, the signatures were used to counter Titus's lawsuit.
Titus said that five clan elders have already signed a statement to be presented in court today, stating that they were tricked to sign the lawsuit and that they fully supported the tribe's case.
Panca Nugraha, Mataram The 2006 Witness and Victim Protection Law has been in force for almost four years, but implementation is still poor, the Witness and Victims Protection Agency (LPSK) says.
The situation could be blamed on the people's lack of participation and poor government enforcement, LPSK deputy chairperson Lies Sulistiani said.
"It's sad that some ministries do not take the LPSK seriously, while law enforcement institutions actually resist it," Lies said during a recent discussion on witness and victim protection held in Mataram, West Nusa Tenggara (NTB).
Threats against witnesses and victims were not only physical, but sometimes also involved legal procedures, she added.
The LPSK handled 84 proposals for witness and victim protection last year, involving allegations of corruption, murder, domestic violence, environmental pollution, human rights abuse, rape and attacks on houses of worship, Lies said.
Crime witnesses and crime victims often become victims of psychological pressure, participant Fauzi Yoyok said.
Farouk Arnaz, Nivell Rayda & Susilo Wardhani, Jakarta Human rights activists on Monday objected to a new National Police regulation allowing officers to use live ammunition to control anarchic situations.
"This regulation is madness. It does not minimize police's excessive use of force but instead increases police brutality further," said Poengky Indarti, executive secretary of the Indonesian Human Rights Monitor (Imparsial).
The new regulation, issued by outgoing National Police Chief Gen. Bambang Hendarso Danuri, allows police officers to used live bullets to handle rioters when they become uncooperative and start attacking officers. However, officers are only allowed to shoot to immobilize, not to kill.
"This new regulation, number 1/X/2010, signed last Friday, which was already distributed nationwide, will guide our officers in the field to act firmly against an anarchy group," National Police Deputy Spokesman Brig. Gen. Untung Ketut Yoga said.
When asked whether the regulation was in response to recent violent attacks on religious minorities by Islamic hard-liners, such as the Islamic Defenders Front (FPI), Untung said: "[It is] for any group that commits anarchy. This new regulation hopefully will eliminate our officers' doubts in handling anarchy because they were worried before about violating human rights."
In a hearing before the House of Representatives in August, several ministers and top officials dealing with political, legal and security affairs agreed to push for law enforcers to act firmly against any organization disturbing public order.
They included Coordinating Minister for Political, Legal and Security Affairs Djoko Suyanto, Religious Affairs Minister Suryadharma Ali, Home Affairs Minister Gamawan Fauzi, State Intelligence Agency Chief Sutanto, and Bambang.
In the latest case of anarchy, two rival gangs fought each other late last month with firearms and machetes in a pitched street battle in front of a court building in South Jakarta. Three people were killed and a dozen injured, including three police officers with gunshot wounds.
Utung said the police worked "closely" with the Commission for Missing Persons and Victims of Violence (Kontras) while making the regulation. But Kontras deputy chairman Indria Fernida said the police had merely solicited input.
"It is not like police showed us the final draft and asked if the regulation was okay," she told the Jakarta Globe.
Imparsial's Poengky said police should be discouraged from using live ammunition to counter rioters and called for the long-overdue implementation of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
The principles, enacted on Sept. 7, 1990, stipulate the need for non-lethal weapons to counter riots and brawls and for the government to ensure that abusive use of force and firearms by law enforcement officials is punished as a criminal offense. "Police need to focus more on preventive measures," Poengky said.
Imparsial said in June that there have been a least 135 cases of the police using force excessively since 2005. Last week, police in Wamena, Papua, shot and killed three civilians during a brawl. In September, police in Buol, Central Sulawesi, fired shots into a crowd of protesters, killing five people and wounding 23.
Jakarta The Institute for Policy Research and Advocacy (Elsam) called on the government Thursday to immediately take measures to implement the Constitutional Court's ruling, which rescinds the Attorney General Office's authority to ban books.
The Court ruled Wednesday that the 1963 Print Matters Law, which has become the AGO's reference for banning books, was illegal because it went against the Constitution, which guarantees freedom of expression. It also ruled that book banning should be decided by a due process of law and not by the AGO's sole assessment.
"The government should make sure that law enforcers no longer use the 1963 law as a reason to restrict citizens' right to freedom of expression," policy research institute interim director Indriaswati Dyah Saptaningrum said. "The AGO should take the initiative to reinterpret its authority in control of books as the Constitutional Court ruled."
The institute also called on the House of Representatives to amend the 2004 Attorney Law and specify the prosecutor's authority in the area of books.
Camelia Pasandaran, Heru Andriyanto & Ismira Lutfia, Jakarta In a landmark verdict, the Constitutional Court on Wednesday struck out a law that gave the Attorney General's Office the power to ban books, saying such power should rest with a judicial court.
"The 1963 Law on Securing Printed Materials whose content could disrupt public order is against the Constitution," court chief Mahfud MD said. "The law is no longer legally binding."
Justice Ahmad Fadlil Sumadi gave a dissenting opinion but his argument was not immediately clear. Muhammad Alim, another justice, said that in a state governed by law, confiscating or banning publications and books should be done through the process of law.
"If an action is categorized as being against the law, the process should be through the courts," he said. "Therefore, [authority to] ban goods such as printed materials considered liable to disrupt public order cannot be given to an institution without a court ruling," Alim said.
"The authority of the AG to ban printed material or books without a court process is the approach of an authoritarian state, not one based on law like Indonesia."
The law was used under the regime of former dictator Suharto to clamp down on dissent.
Speaking after the court verdict, Mahfud said that in an emergency, when printed material was deemed dangerous, the AGO could still seek court permission to temporarily ban or confiscate the material pending the court process.
"If it is urgent, before a verdict the AGO can ask permission of the court, but there should be certainty that it [the book] is dangerous," Mahfud said.
However, the Constitutional Court decided to reject a judicial review of the 2004 AGO Law that gives the office the authority to monitor printed material.
The deputy attorney general for intelligence, Edwin Pamimpin Situmorang, declined to comment on the verdict before having studied it. But he conceded that there was no avenue left to challenge it.
Government representative Mualimin Abdi welcomed the ruling as it still provided an avenue to deal with printed material considered dangerous.
The authors of such dangerous printed material "can be reported [to the police] according to the Criminal Code or could also be sued through the administrative court," he said.
In the past six years, the repealed law has been used by the AGO to ban 22 books, most of them dealing with the murky coup attempt in 1965. The AGO's latest blacklist included a book on the mass murder of suspected communists in 1965-66, the insurgency in Papua and two books on religion.
The legal challenge to the law was mounted by several authors and publishers who argued that the AGO's powers curtailed freedom of expression.
Author Darmawan, one of the plaintiffs, hailed the ruling as a "historical turning point." But Theodora Erlijna, a historian from the Institute of Indonesian Social History, one of the parties who filed for the review, warned that "there is still a long way to go."
Theodora pointed out that there were other laws that could be used to ban books, such as the Criminal Code, the 2008 Anti-Pornography Law and the 1965 Blasphemy Law.
Arghea Desafti Hapsari, Jakarta Gone are the days when authors in the country had to live in fear of seeing their books outlawed by the government, thanks to a watershed court ruling Wednesday that expunges a 1963 law on book-banning.
The Constitutional Court's ruling stripped the Attorney General's Office of its authority to ban books it deemed controversial. The institution has banned 22 books since 2006, including 13 history text books for use in junior and senior high schools.
However books can still be banned; judges said the decision to remove books from circulation should rest with the courts.
"This is a turning point in history," said Darmawan, an author whose book was banned by the AGO in late 2009, after the court read out its verdict. "We [authors] now regain our courage to write more books."
His Enam Jalan Menuju Tuhan (Six Paths to God) was among the books that made the blacklist in late 2009, along with four others, including Dalih Pembunuhan Massal Gerakan 30 September dan Kudeta Soeharto (Pretext for Mass Murder: The Sept. 30th Movement and Soeharto's Coup d'Etat in Indonesia) by Jhon Roosa and Mengungkap Misteri Keberagaman Agama (Resolving the Mystery of Religious Diversity) by Syahrudin Ahmad.
Darmawan and other authors whose books were banned had filed for a judicial review of the 1963 law on confiscation of printed materials whose content could disrupt public order.
The court ruled that the law was against the Constitution as it violated basic human rights by granting officials the authority to ban books without due process of law.
"The sole authority of the Attorney General to ban the distribution of printed materials without due process of law is a characteristic of an authoritarian state and not a law-based state like Indonesia," Constitutional justice Muhammad Alim said.
One judge, Hamdan Zoelva, made a dissenting opinion to the ruling. He said the courts were law enforcement institutions and not ones that enforced public order. He said the Attorney General should have the authority to ban the distribution of printed materials but only after getting a permit to do so from a court.
The authors have also requested the court to review an article in a 2004 law on the AGO that regulates its authority to monitor the circulation of printed material to maintain public order.
The Constitutional Court ruled that the article was constitutional but highlighted that the word "monitoring" could not be interpreted as banning or confiscating.
Deputy attorney general for intelligence Edwin P. Situmorang said the court ruling did not annul bans imposed on books before the ruling was issued. "This ruling does not have any impact on our previous decisions to ban the books," he said.
The AGO's book-banning activities started as early as 1959 with Pramoedya Ananta Toer's Hoakiau di Indonesia (The Chinese in Indonesia) being one of the very first books that was prohibited.
The AGO has banned more than 400 books since then. The list includes other works by Pramoedya, novels and plays by Utuy T. Sontani and short stories by Sobron Aidit, the younger brother of the former leader of the communist party D. N. Aidit.
The book-banning law, often used under former president Soeharto's rule, saw revival in 2006, two years into President Susilo Bambang Yudhoyono's tenure.
Armando Siahaan, Jakarta The Golkar Party is shaping up to be an increasing threat to the Democratic Party in the 2014 elections, a survey shows.
The survey by the Indonesian Survey Circle, with 1,000 respondents, shows the two parties are the only ones that have seen their electoral strength grow since last year's elections.
The Democrats, whose popularity is essentially inseparable from President Susilo Bambang Yudhoyono, lead with 26 percent support, 5 points more than it received at the polls.
But Golkar, under the leadership of the controversial Aburizal Bakrie, has seen its popularity rise to 17.3 percent, compared with 14.45 percent last year.
Megawati Sukarnoputri's opposition Indonesian Democratic Party of Struggle (PDI-P) is still third, on 13.6 percent, about one point less than last year.
Indonesia Survey Institute (LSI) senior researcher Barkah Pattimahu said the Democrats needed to keep an eye on Golkar. "The public is beginning to believe that the government's performance is poor," Barkah said. "This will mean a decrease in support for the Democrats."
Conversely, Barkah said there were reasons to believe that Golkar had the ability to expand its strength. "Golkar has won at least 50 percent of the regional elections this year," Barkah said. "Regional leaders are a powerful instrument to gain support at regional level."
Golkar's political machinery and financial situation were much stronger than the Democrats and the PDI-P, he added. Golkar was in a strong strategic position, being part of the ruling coalition but also being free to criticize the government.
Aburizal said last week that the party would not shy away from speaking out if it believed the government were not siding with the people. Golkar also opposed the Democrats during the Bank Century scandal by declaring the state bailout illegal.
"Ideally, when the government is performing poorly, the support will go to the opposition party [PDI-P], but that's not the case here," Barkah said, referring to the fact that support for the party had declined.
But the survey's result are in contrast with one by the LSI last month that showed the PDI-P's support rising 6 points in the last six months, while Golkar was down 3 points. It concluded that Golkar's decline was primarily due to its status as a coalition partner.
Barkah predicted Golkar would flourish in 2014 because Aburizal would move to lift its fortunes, while time would be up for Yudhoyono and Megawati.
But other analysts believe Aburizal's notoriety from issues which as the Lapindo mudflow and alleged tax evasion could hurt in 2014.
The LSI survey also tackled the issue of the number of political parties in the House. Some 73.8 percent of respondents said they believed there were too many. About 60 percent said there should be only five parties, down from nine currently.
"There is great expectation from the public that in the upcoming election the number of political parties in the House will be decreased," Barkah said.
Markus Junianto Sihaloho, Jakarta A cabinet minister is being targeted for dismissal by members of the political party he leads, who question his ability to take care of both party and government business.
An opposition group within the National Awakening Party (PKB) on Thursday called on President Susilo Bambang Yudhoyono to fire the party's chairman, Muhaimin Iskandar, as minister of manpower and transmigration.
The call comes amid intense speculation of a cabinet reshuffle as the Yudhoyono administration prepares to mark a year in office.
Lili Chadijah Wahid, a spokeswoman for the opposition group, said that as long as Muhaimin was in the cabinet, the PKB's own affairs would be left unattended. "If the president wants him to stay in the cabinet, then he should get him to resign as the PKB chairman so we can appoint a new leader," she said.
Lili said the party needed a leader who could focus on the 2014 polls. She also accused Muhaimin of being more loyal to Yudhoyono and his Democratic Party than the PKB.
Hermawi Taslim, a member of the opposition group, said they were preparing to hold an extraordinary national caucus to discuss the PKB's leadership, with or without Muhaimin's attendance.
"We've had enough of being split into small splinter groups," he said. "We no longer have the unity that we enjoyed under the leadership of [party co-founder] Gus Dur. To put an end to this uncertainty, we'll hold a caucus in December."
The PKB was founded by Abdurrahman "Gus Dur" Wahid and top clerics from Nahdlatul Ulama, the largest Islamic organization in the country with an estimated 40 million members.
The NU itself was founded in 1926 by Hasyim Asya'ri, Gus Dur's grandfather, and was later led by Wahid Hasyim, Gus Dur's father, and Gus Dur himself.
Ahead of the 2009 legislative elections, Gus Dur was forced out of the party by Muhaimin, his nephew, and the party's secretary general, Lukman Edy, leading to a major rift within the PKB.
The relationship between Muhaimin and Lukman soured after the PKB chairman nominated Ahmad Helmy Faishal Zaini to be minister of disadvantaged regions, a position previously held by Lukman.
Marwan Ja'far, head of the PKB at the House of Representatives, said the party was prepared for the outcome of any cabinet shake-up. "We have a list of replacement candidates ready," he said on Thursday.
Meanwhile, Priyo Budi Santoso, a House deputy speaker from Golkar, said his party was not concerned about a possible reshuffle, but did say it would be "too much" if Yudhoyono fired all of the Golkar ministers.
He added that the president was expected to invite top officials from his coalition partners to discuss any changes to the cabinet lineup.
Jakarta The mechanism of checks and balances that should be carried out by the House of Representatives (DPR) over the government is progressively disappearing. The DPR has now simply become a kind of "stage performance" because all policies are now fully discussed and decided on at the Joint Secretariat (Setgab) of coalition political parties supporting the government that control the majority of seats in the parliament.
This view was conveyed by Social and Political Science Faculty educator AAGN Ari Dwipayana from the Gadjah Mada University in Yogyakarta, Central Java, when contacted from Jakarta on Sunday October 10. "The DPR has now become a performance arena for political maneuvers", he said.
The two most recent example of this was a Setgab agreement to support whoever is nominated by the president as the candidates for the next Indonesian military commander-in-chief and national police chief.
Since the Setgab was formed on May 6 this year and chaired by President Susilo Bambang Yudhoyono, almost all policies that have been determined and decided upon by the parliament were first discussed at the Setgab. Moreover, not infrequently the decisions taken by the parliament are decisions that have already been agreed to earlier by the Setgab.
Policy making no longer involves all members of parliament, but just a handful of the political party elite that are members of the Setgab. Policy decisions by a handful of the elite indicate the emergence of a new oligarchy.
Moreover the involvement of the public or society as a consideration in policy making has unfortunately, almost disappeared. Yet ideally, society should also be involved in policy making. "Democracy demands not just formal public representation, but also substantive [representation]. The public should be directly involved in policy making. The public's aspirations are being stunted," said Dwipayana.
It is because of this that Dwipayana believes that the relationship that is currently being built between the parliament and the government is a collaborative relationship. The DPR simply safeguards government policies without considering the public's wishes. The mechanism of checks and balances that should be carried out by the parliament has also disappeared.
Social and Political Science Faculty educator from Airlangga University in Surabaya, Airlangga Pribadi, added that the DPR appears to have been neutralised because the composition of the political parties supporting and opposing the government is unbalanced. The forces supporting the government are stronger, namely six out of the nine political parties in parliament.
This situation results in policies and government proposals being easily agreed to by the DPR. "The forces supporting [the government] are stronger so the president's policies are easily to get through," he said.
And it is not just the parliament that has been neutralised. Pribadi also believes that the president has lost his prerogative right. The reason, he alleges that there is interference by the Setgab in decision making, including decisions that should be the prerogative right of the president. (NTA)
[Translated by James Balowski.]
Erwida Maulia, Jakarta As President Susilo Bambang Yudhoyono prepares to evaluate his Cabinet ministers' performance this year, members from his coalition are nervously anticipating a reshuffle.
Golkar Party chairman Aburizal Bakrie said Saturday that his party was ready for any replacements should any Golkar politicians be removed from the coalition Cabinet. Golkar has three representatives in the Cabinet, which consists of 34 ministers, 20 of whom are affiliated to parties.
"We have replacements ready should a Cabinet reshuffle require Golkar to replace its ministers," Aburizal was quoted as saying by news portal detik.com.
"[A reshuffle] would depend on the President's assessment of the ministers' performance, but we believe that our people in the Cabinet have been doing a great job," he added.
However, other members of the coalition, such as the Prosperous Justice Party (PKS) and the National Awakening Party (PKB), are dreading a possible reshuffle.
The PKS' Fahri Hamzah said that a minister who failed to perform well was not at fault because the minister's performance depended on how well the President managed his Cabinet. He said the President ran a "one-man show" and could only give directions but not receive input from his aides.
"It would be better for the President to improve his leadership style for the next four years [instead of reshuffling the Cabinet]," Fahri told The Jakarta Post.
PKB deputy chairman Marwan Jafar said his party did not expect a possible reshuffle, adding that he was sure Yudhoyono would give coalition members enough time to name replacements for minister he would sack, if any. He added that Yudhoyono had not consulted his party or discussed any plans for a reshuffle.
Yudhoyono and Vice President Boediono were inaugurated on Oct. 20, 2009, meaning the President will mark the first full year of his second term in office in less than two weeks.
The head of the Presidential Work Unit for Development Monitoring and Control (UKP4), Kuntoro Mangkusubroto, said earlier that he would announce the results of the annual evaluation of ministers' performances on Oct. 20. His assessment would be used by the President in the event of a reshuffle.
Ahmad Mubarok, a senior politician from Yudhoyono's Democratic Party, said that if there was a reshuffle during the President's second term in office, the best time would be at the end of his first year in office. Yudhoyono reshuffled his Cabinet after one year during his first tenure in 2005.
"New appointees would thus have enough time four years in which to carry out their duties," he told the Post.
Ahmad said that the President was not likely to replace any ministers affiliated with his party. He added that ministers affiliated with Golkar, the second-largest party in the coalition, should not be worry that a reshuffle would affect them, calling Aburizal's statements mere "political rhetoric".
"Other parties, meanwhile, are either resigned or nervous [about a possible reshuffle]," Ahmad said.
Jakarta The minister of manpower on Thursday vowed to "eventually" abolish labor outsourcing, starting with restrictions on the scope of the practice.
"I myself will issue a ministerial regulation to restrict outsourcing," Muhaimin Iskandar said in Surabaya. "First I will reduce it, then eventually it will disappear."
In Indonesia, outsourcing refers to the hiring of workers on a contractual basis, often through a provider company. The workers are usually hired on short-term contracts and paid a daily wage, without benefits.
According to Muhaimin, companies generally did not outsource core jobs, only peripheral work like cleaning and security. During May Day protests this year, labor groups called on the government to abolish the practice of outsourcing.
Following a violent clash between Indonesian and foreign workers in Batam in April, Muhaimin pledged to better protect the rights of outsourced workers, including more surveillance of working conditions, ensuring salaries were paid and contracts enforced, as well as clearly defining what types of jobs could be outsourced.
Muhaimin's statement on Thursday, however, was met with skepticism by both workers and employers.
Sofyan Wanandi, head of the Indonesian Employers Association (Apindo), said while he believed the government was working toward putting an end to outsourcing by the end of next year, he questioned whether Muhaimin had the authority to do so alone.
Sofyan said the Indonesian Institute of Sciences (LIPI) was currently studying outsourcing and was scheduled to release its findings next month. After that, he said, LIPI, labor associations and the government would sit down and discuss how to proceed.
Timbul Siregar, chairman of the Indonesian Workers Association (OPSI), dismissed Muhaimin's statement as political posturing intended to attract the support of workers.
"Actually, we're happy if he is serious about his intentions to abolish the outsourcing system. But so far, there has been no effort from government to implement it," he said.
Timbul said similar pledges had been made last year but nothing came of it. "There are many violations regarding the outsourcing of workers but the government does nothing to defend them," he said.
Muhaimin said the ministry would work to ensure that more companies hired permanent employees, and that more outsourced workers saw their roles evolve into permanent positions.
"We will continue to check that companies' outsourcing leads to formal employment and that employees have stable futures and not limited working lives," he said.
Muhaimin also encouraged local governments to help create permanent jobs. "Looking ahead, economic growth must have an immediate impact on reducing unemployment," he said. (Antara & JG)
Ridwan Max Sijabat, Jakarta Migrant Care, an organization providing advocacy for troubled migrant workers, has recently been at loggerheads with labor exporter associations over labor protection for Indonesian migrant workers.
Migrant Care has proposed that the government, particularly local administrations, be granted more power to guarantee the proper protection of migrant workers before and during their employment overseas. Exporters, meanwhile, said the bill should give full authority to labor exporters to recruit, train and send workers abroad while the government should remain the regulator and supervisor.
Speaking before House of Representatives Commission IX on labor, health and social affairs here on Monday, Migrant Care executive director Anis Hidayah criticized the 2004 Law on Overseas Labor Placement and Protection, which she said allows labor exporters to treat migrant workers like commodities.
"As long as the law, the government and labor exporters treat migrant workers like commodities instead of job seekers looking for a better future, migrant workers will remain vulnerable to extortion, abuse, violence and rape both at home and during their employment abroad."
Anis said that to minimize the number of labor abuse cases and ensure the protection of migrant workers, the bill needed to give more authority to the government, particularly regional administrations, giving these authorities a bigger role in the pre-departure process to make sure all would-be migrant workers are well prepared for their overseas employment.
According to Migrant Care, the bill should strengthen the role of regional governments in the recruitment and training process, while also improving immigration offices' abilities to ensure smooth and safe migration.
"Despite their employment in the informal sector as domestic workers and gardeners, all migrant workers must obtain necessary documents, and get relevant job and language training, and all this should be provided by the government. Only certified workers should be allowed to work overseas," she said.
Under the 2004 law, the government and labor exporters share the responsibility for export procedures a situation that has often been blamed for the increasing number of cases of labor abuse.
Apjati and Himsataki, two of five labor exporter associations, said the bill should give full authority to labor exporters to recruit, train and dispatch workers, and that the government, including the Overseas Labor Placement and Protection Agency (BNP2TKI), should remain focused on its main functions as a regulator and supervisor.
"It is not fair to blame labor abuse on exporters while migrant workers are already certified by the government before their departure and are insured under a commercial insurance scheme. So far we have done our job as suppliers," Indonesian Manpower Service Association (Apjati) deputy chairman Rusjdi Basalamah said.
Indonesian Labor Supplying Companies Association (Himsataki) chairman Yunus Yamani said labor protection should not be reduced into an insurance scheme and that the government should stop the insurance program for migrant workers because they were insured by employers abroad.
Labour activists from the Workers Challenge Alliance (ABM), the Yogyakarta Labour Alliance (ABY), the Greater Jakarta Labour Federation of Struggle (FBPJ) and the United Indonesian Labour Movement-Security Employees Union (SPK-PPBI) explicitly opposed further labour liberalisation.
This was conveyed during a public discussion titled "The Fate of Workers under Revisions to Law Number 13/2003 and Solutions for the Indonesian Labour Movement", which was held at the Atmajaya University faculty of law conference room in Jakarta on Tuesday afternoon, October 5.
During the discussion, the representatives from the respective labour groups explained their perspectives in relation to proposed revisions to Law Number 13/2003 on Labour. The ABM, ABY, FBPJ and SPK-PPBI are concerned that these revisions will harm workers bearing in mind that the existing labour law already favours investors.
"It is as if the government and investors are still dissatisfied with the [existing] oppression of workers", said ABM member Budi Wardoyo. The existence of work contracts for a specified periods (PKWT) and employment contracting agreements (PPP) in the current labour law have already destroyed workers' job security. Moreover in the planned revisions, the regulations on these matters will further benefit investors.
This includes Article 59 on PKWT that will be liberalised further, Article 65 on PPP, Article 142 on the right to strike that will make things more difficult for workers, and Article 156 that will further reduce severance pay. "This is a new form of slavery" said ABY General Secretary Kirnadi.
John Silaban from the FPBJ's department of organisational development even said that the current labour law is against the 1954 Constitution, specifically Article 27 Paragraph 2. This article states that all citizens have the right to gainful employment and a reasonable livelihood as human beings. Silaban believes that Law Number 13/2003 undermines these rights. Yet the state should be siding with workers whose position is weak because they do not own the means of production.
It is as though the state has relinquished its responsibility by leaving disputes between workers and investors to the Industrial Relations Court (PHI). "The state has now become just an arbiter, yet it is clear that workers are in an unequal position. Even more so when the state sides with investors," said Wardoyo. Wardoyo also believes that the planned revisions to the labor law are a move by the government to facilitate capital investment.
Conversely, PHI judge H. Mohammad Hono Sejati believes that Law Number 13/2003 already favours workers. According to Sejati, the current labour law is faster, more effective and cheaper than previous regulations. On the other hand however, he believes that the law still needs to be revised. "[But] Personally as a human being I also don't agree with labour liberalisation", he said. [Azhar, Gading]
[Translated by James Balowski. The original title of the report was "Workers reject labour liberalisation".]
Environment & natural disasters
Adianto P. Simamora, Jakarta Civil society groups are stepping up pressure on the government to honor its pledged moratorium on exploiting forests despite protests from corporations, especially forestry businesses.
Eleven NGOs, including Greenpeace, the Indonesian Forum for the Environment (Walhi), Sawit Watch, Indigenous People's Alliance of the Archipelago (AMAN) and Forest Watch Indonesia (FWI) issued a joint statement on the moratorium to the government on Thursday.
The two-page document outlined principles, criteria and steps to implement the moratorium.
The groups also condemned the Indonesian government for barring Greenpeace's flagship Rainbow Warrior from entering Indonesian waters. The Greenpeace vessel was scheduled to dock in Jakarta on Wednesday enroute to Wasior, West Papua, on a humanitarian mission.
The NGOs called on the government to issue a legal basis for the implementation of the moratorium, review permits on forest exploitation and withdraw permits for those found running illegal businesses.
Walhi executive director Berry Forqan, who read out the statement, said the groups were aware of efforts by business entities to stop the planned moratorium. "There is no reason to cancel it. Disasters in recent years have partly been caused by massive deforestation," he said.
The group said the moratorium should not have a time limit, but should be imposed until the country met good forest management practices.
Indonesia and Norway signed a US$1 billion climate deal in May requiring Jakarta to impose a two-year moratorium on exploiting natural forest and peatland by 2011. However, there are still no government regulations to implement the moratorium.
Indonesia is required to set up independent institutions on reducing emissions from deforestation and forest degradation (REDD), financial and measurable, reportable and verifiable (MRV) schemes.
A senior Forestry Ministry official said there were no plans to extend the moratorium. "We appreciate the input from NGOs but we should focus on a two-year term for the moratorium," the director of forest products management at the ministry, Bambang Sukmananto, said.
Visiting Greenpeace International executive director Kumi Naidoo said the moratorium offered a golden opportunity for Indonesia to improve forest governance.
"Use the moratorium to make space to engage the public, conduct proper research and look at alternatives [on forest governance]," he said.
Fidelis E. Satriastanti & Markus Junianto Sihaloho, Jakarta Ten civil- society groups, including Greenpeace, have called on the government to get serious about implementing a moratorium on issuing new logging concessions in critical areas.
The proposed two-year moratorium, set to begin in 2011, was announced earlier this year by President Susilo Bambang Yudhoyono as part of a deal with Norway to fund UN-sponsored emissions-reduction (REDD) schemes in the forestry sector.
Kumi Naidoo, the executive director of Greenpeace International, said on Thursday that the moratorium offered a golden opportunity to suspend the devastation of Indonesia's forests.
"We need to use the moratorium to engage public participation, proper research and look at all the alternatives, and also look at it in terms of the future of the palm oil industry," he said.
"In terms of REDD and REDD Plus, there's a danger that if we don't use the moratorium period to actually agree on procedures on transparency, then resources from REDD Plus" could be lost.
Naidoo said that while Indonesia had reasonably good forest conservation laws, the problem was in enforcement. "The inability of the government to police such massive areas allows a lot of loopholes to be exploited [by] certain industries," he said.
Bambang Sukmananto, a senior Forestry Ministry official, said his office was keen to work alongside groups such as Greenpeace, which he said could not resolve the issues of deforestation by themselves.
"We're after the same goal, but we have different points of view," he said. "For us, it's more than just the environmental issue. We also need to consider the economic impact."
Meanwhile, Pramono Anung, a deputy speaker of the House of Representatives, backed Greenpeace's call for the government to make the best use of the moratorium period, and said more attention ought to be paid to environmental issues.
Speaking after the meeting with Greenpeace, Pramono said the House shared the same concern that Indonesian forests should be conserved. "We agree with Greenpeace that special attention must be given to the forest moratorium in Riau and Kalimantan," he said.
He added that the government must also tighten its supervision of the mining sector to minimize environmental damage from prospecting and mining.
Pramono also addressed complaints by Greenpeace that port authorities had denied the group's ship, the Rainbow Warrior, entry into Indonesia. The ship was supposed to dock at Tanjung Priok Port in North Jakarta, but was turned away.
"I believe the government should have allowed the ship to dock," Pramono said. "Denying this permission only hurts our country's standing in the international community."
He said the purpose of the ship's visit was to educate Indonesian children about environment issues, so the visit should not have been prevented.
Jakarta Global environmental pressure group Greenpeace said on Thursday that its Rainbow Warrior flagship had been denied access to Indonesian waters, and insisted the government had no grounds to have turned it back.
"We are saddened by this unfortunate turn of events," Greenpeace International executive director Kumi Naidoo said.
Greenpeace said it had tried to negotiate with Indonesia's foreign ministry to gain entry for the ship, which is on a two-and-a-half month voyage across Southeast Asia to promote awareness of climate change.
"The Indonesian government has no plausible grounds for Rainbow Warrior's entry denial here," Greenpeace Southeast Asia media campaigner Hikmat Soeriatanuwijaya said.
The ship, which has entered Indonesian waters several times in the past, began its current journey in Thailand on Sept. 17 and is due to wrap up the voyage in the Philippines on Nov. 30.
It had been due to enter Indonesian waters on Wednesday and to stay for around a month. On Thursday, it was in international waters north of Indonesia's main island of Java.
The Indonesian foreign ministry said it was seeking clarification regarding the purpose of the ship's visit, according to spokesman Teuku Faizasyah.
"There is a difference in the ship's visit intention in Indonesia submitted by their agent, which asked for entry permission, and from Greenpeace," he said.
Greenpeace has previously criticized Indonesia for the massive destruction of its forests to make way for palm oil and acacia plantations.
The destruction of rainforests and peatlands is the major reason Indonesia is considered the world's third-largest emitter of greenhouse gases blamed for global warming.
Irwan Firdaus, Jakarta An environmental group has released video footage of a bulldozer buzzing trees in a protected forest that is home to endangered Sumatran tigers, but the government said Wednesday it remained unclear if the land-clearing was illegal.
Another image showed one of the majestic cats walking through what is now a barren, muddy landscape.
Ian Kosasih, a director at WWF-Indonesia, said the camera trap was installed last year in a plush corner of Bukit Batabuh, a forest in Riau province that is protected from commercial exploitation, so experts could study tiger populations and the threats they face.
"When we set the trap, there was just a path there," he said, adding there was no way of knowing who was to blame for the land-clearing or their motivation. "But it seems like they were preparing it for a palm oil plantation."
There are only around 3,200 tigers left in the wild worldwide. But the Sumatran tiger, which today numbers at around 400, is the most endangered subspecies, largely because of illegal poaching and the destruction of their habitat for palm oil and wood pulp plantations.
Bukit Batabuh is considered crucial for conservation, because it acts as a corridor between two national parks.
Though the images were captured in June, they were only recovered and brought back to the capital, Jakarta, this week. A nighttime shot from May also showed a male tiger spotting the camera, sniffing it, and then walking away. A mother and two cubs were filmed months earlier by another video trap 200 yards (meters) away.
Foresty Ministry officials said they knew about the footage and were investigating. But it was too early to say if the bulldozing activities were illegal because, while protected from commercial development, with the right permits local officials could authorize road-building, said Darori, a director general.
Madura, East Java Manpower Minister Muhaimin Iskandar is calling on the education sector to equip students with skills that will help them in the job market.
Speaking during a working visit to Bangkalan on the island of Madura, East Java, over the weekend, the minister said the disconnect between the education offered by public schools and pesantren (Islamic boarding schools) and the job market "is a general problem found almost across the country."
As a result, he said, the education system was unable to produce the high- caliber workers key to the nation's economic growth.
The Manpower and Transmigration Ministry's information center had told the Jakarta Globe that its data showed that some job openings were fought over by multiple candidates, while others receive no applications at all.
Intellectual unemployment, or joblessness among those with a university degree, reached 1.2 million last year, a new high, up from 740,000 in 2007 and 473,000 in 2006, according to data published by a national working unit of the Central Statistics Agency (BPS).
Even though less then 3 percent of Indonesians possess a bachelor's or higher degree, the number of university graduates continues to exceed the demand of the work force.
In 2008, 12.6 percent of university graduates were unemployed, much higher than the country's overall unemployment rate, according to data from the BPS.
"It also happens in pesantrens," Muhaimin said. "Once I visited a big pesantren with 10,000 students. But out of them only around 1,000 became clerics. What has happened with the rest?"
He said pesantrens and other public schools ideally should teach additional skill lessons so that students were better able to find jobs.
He said another problem hindering employment was the fact that several economic sectors were open to foreign workers. "This is strange. While we are still needing jobs for our people, foreigners are filling the vacancies," he said.
Muhaimin said to overcome the problem, the younger generation must study hard, while schools have to synchronize their curriculum with the demands of a modern job market.
"The government must also develop the community through providing community-based training programs to make the people prepared to meet future economic growth," he said.
He said small- and medium-sized businesses would be crucial to reducing high unemployment. "Entrepreneurship has become a priority because a lot of people have not been absorbed, with the unemployment rate reaching up to 7.41 percent of the total workforce in the country, or 8.59 million people," he said.
He added that the problem also stemmed from economic growth not meeting its potential and a dysfunctional job market. (Antara, JG)
Bagus Tama Saragih, Jakarta Observers are wary of institutionalized efforts to debilitate the fight against corruption, citing recent setbacks that have weakened the Corruption Eradication Commission (KPK).
The latest blow came when KPK deputies Bibit Samad Rianto and Chandra M. Hamzah saw a request for a review of their corruption trial turned down by the Supreme Court. Experts had argued that the request, submitted by the Attorney General's Office, had been legally weak in the first place.
However, KPK spokesman Johan Budi said the court's ruling did not necessarily remove Bibit and Chandra from their posts. He said Sunday the two deputies were still needed by the anticorruption body. "When they were suspended after being declared suspects by the police, our performance declined significantly."
Constitutional law expert Saldi Isra said the AGO's weak cessation letter and its inevitable overturning added credence to the view that the government wanted to "get at Bibit and Chandra" through "the judge's gavel". "It is hard to blame the court for the legal choices the AGO made."
Last December, the AGO issued a prosecution cessation order after facing public pressure to halt the deputies' pretrial process, which had been requested by bribery convict Anggodo Widjojo. Anggodo accused the deputies of abuse of power and of blackmailing his brother, fugitive graft suspect Anggoro Widjojo.
The AGO based the cessation order on the possibility of social unrest if the trial went ahead, an argument that is not recognized by the Indonesian legal system.
As a result, the letter was overturned at the state court and high court. Prosecutors then filed a case review with the Supreme Court, which overturned it on the grounds that it did not possess the authority to review a pretrial case.
Asep R. Fajar of the Indonesian Legal Roundtable said that the best legal option available to prosecutors in this case was deponeering, which was passed over. Deponeering is an Indonesian term for a legal action whereby the AGO can halt a case, with the backing of parliament, for the sake of national stability.
"If they had still wanted to move forward with the cessation letter, they could have undertaken additional examinations or included the legal facts in Anggodo's trial as fresh evidence for a new letter," he said.
Anggodo received a four-year prison sentence for offering Rp 5.1 billion (US$566,100) as a bribe to the KPK deputies to stop the commission's investigation into Anggoro.
Prosecutors rejected deponeering, saying it would take time to obtain lawmakers' approval. However lawmaker Gayus Lumbuun said the House of Representatives "simply provides recommendations in this process".
Febri Diansyah from the Indonesia Corruption Watch said that the Supreme Court, as the foremost court authority, had also played its role by rejecting the pretrial case review. "This is a victory for Anggodo that could consolidate anti-KPK powers," he said.
Saldi said the already weakened KPK would be further debilitated because Bibit and Chandra would have to be suspended if they went on trial, leaving only Mohammad Yasin and Haryono Umar to lead the antigraft body.
"The key to the KPK's salvation now rests in the President," Saldi said. "The House of Representatives must quickly perform fit and proper tests to name the KPK's new chief." The President is set to select a new KPK chief from two candidates; Bambang Widjojanto and Busyro Muqoddas. (gzl)
Armando Siahaan, Jakarta Some in civil society have begun to question the validity of the fit-and-proper tests given to political appointment candidates in the House of Representatives.
The point of such tests is to provide a check on the government's control over state apparatus. But at least one analyst said on Sunday that political intervention was actually coming from within the House.
Nominations of candidates for posts such as National Police chief, head of theIndonesian Armed Forces (TNI) and Corruption Eradication Commission (KPK) members are made by the sitting president. They then go to the House to approve or reject.
But Charta Politika analyst Yunarto Wijaya said that, judging by the growing authority of lawmakers today, this process leaves room for deals between lawmakers and the candidates for the positions.
The candidates "would feel like they're indebted to the lawmakers who guarantee their approval," Yunarto said. These politicians would then have some degree of influence over the chiefs.
Political intervention is particularly dangerous when connected with positions such as the National Police chief, he added, "which affects these politicians" in terms of corruption cases or other criminal investigations.
Ibrahim Fahmi Badoh, of Indonesian Corruption Watch, said the political process opened the door for graft wherein the candidate could bribe lawmakers for their promised approval.
"We should learn from the Miranda case," Ibrahim said, referring to the bribery scandal during a fit-and-proper test for Bank Indonesia deputy governor election of Miranda Goeltom in 2004.
Three lawmakers have been jailed for their roles in the case and 26 sitting and former lawmakers were recently named suspects.
Ibrahim even suggested that the House, through its Ethics Council, should establish a punishment measure for lawmakers who are caught cultivating contacts or meeting with active candidates outside the test framework. "Such meetings are filled with conflicts of interest; there must be a clear prohibition," he said.
But Neta S Pane, chairman of Indonesian Police Watch, said a fit-and-proper test was important so that the president would not install a candidate based solely on his subjective and potentially influenced opinion.
He cited the nomination of Timur Pradopo as the next National Police chief as one salient example of politicization by the president, he said.
Neta argued that Timur's nomination was problematic for a number of reasons, including his closeness with the president, his accelerated promotion and his links with a number of unsolved cases.
The House is the only line of defense to prevent the president from appointing the wrong candidate, Neta said.
Heru Andriyanto, Jakarta More than a year since their legal nightmare started, two antigraft commissioners will likely still stand trial for what many believe is a fabricated corruption case.
The Supreme Court has rejected a case review request by prosecutors seeking to defend a decision to drop criminal charges against Corruption Eradication Commission (KPK) deputy chairmen Chandra Hamzah and Bibit Samad Rianto.
Prosecutors were seeking a case review to overturn a Jakarta High Court ruling that their decision to drop the case against the pair was unlawful and that the two men should remain suspects.
"Our answer is 'no' for the case review request because it doesn't meet the formal requirements," Nurhadi, a Supreme Court spokesman, said on Friday. "The Supreme Court may try case reviews but not one originating from a pretrial motion."
A three-member panel presided over by Judge Imron Anwari made the ruling on Thursday.
Noted antigraft campaigner Todung Mulya Lubis reacted with outrage, describing it as favoring the graft convict who lodged the pretrial motion at the expense of the country's bigger interest in combating corruption.
"I am really saddened by the Supreme Court's decision, which ignores the core issue behind all this. The criminal case against the two has been fabricated," Todung, also a veteran lawyer, told the Jakarta Globe.
The KPK deputies were named suspects in September 2009 for allegedly abusing their power and extorting a graft suspect.
Their case evolved into a major scandal after the Constitutional Court played wiretapped phone conversations indicating that a suspected case broker, Anggodo Widjojo, and elements within the Attorney General's Office and the National Police had conspired to fabricate the case.
Amid mounting public pressure and a presidential statement saying the case should be halted, the South Jakarta Prosecutor's Office dropped the criminal charges against Chandra and Bibit late last year, arguing that it would be morally harmful to try the deputies.
But Anggodo lodged a pretrial motion demanding that both deputies face trial and won his case at both the district and high court.
Anggodo, then a graft suspect, has since been sentenced to four years in jail for, ironically, attempting to bribe Bibit and Chandra with Rp 5.1 billion ($566,000) in exchange for halting a criminal investigation into his brother, businessman Anggoro Widjojo, who is now at large.
Todung said the Supreme Court decision "will further cripple the KPK. The agency will become terrified when handling cases."
Criminal law expert Edi Hiariej said the deputies could still escape prosecution if the attorney general was willing to use his exclusive right to terminate a criminal case in the public interest, a legal principle adopted from the Dutch system known as "deponering."
"Since the beginning of the case, I have been calling for deponering to settle the legal debate once and for all," said Edi, from Gadjah Mada University. "But the AGO left it to district prosecutors to issue the termination, which was highly vulnerable to legal challenges."
Taufik Basari, the lawyer for the two KPK deputies, said they were prepared to defend themselves in the courtroom. "If we must go to court, we will go. There's nothing to be afraid of," he said.
Bibit and Chandra do not have to worry about losing their jobs because the Constitutional Court ruled in November that KPK leaders in a criminal case, as with any other state officials, cannot be dismissed until there is a final and binding guilty verdict.
Farouk Arnaz, Anita Rachman & Agencies The National Police on Sunday played down the level of military involvement in the fight against terrorism following the recent use of soldiers in such operations for the first time in nearly a decade.
National Police spokesman Insp. Gen. Iskandar Hasan confirmed that Army intelligence and troops had joined police hunting militants in North Sumatra after an attack on a police post in Hamparan Perak on Sept. 22 that killed three police officers, but stressed this did not reflect a new policy or strategy.
"This is just because the [North Sumatra Police chief] has a close relationship with the local Army chief and they decided to cooperate to maintain the security. It's just an informal cooperation," he said.
"This is a local military battalion near the area and they want to help us. We welcome it because it is related with security and the army work is under police coordination and direction."
The statement came as Ansyaad Mbai, the head of the newly formed National Anti-Terrorism Agency (BNPT), was quoted as saying cooperation was "a new development" in response to the changing tactics of terrorists, who are shifting from suicide bombings to armed assaults as seen in Mumbai in 2008.
"The goal is to send the terrorists a strong message that they are now enemies of the state, not just the police," he said. "Terrorists have to know for sure that they're now facing the state, and that the state is ready to deploy all its forces to face them."
While Iskandar stressed that the military involvement in North Sumatra antiterror operations had nothing to do with the BNPT, Ansyaad has long made it clear that the BNPT would not shy away from requesting Army support.
"We're ready to crush terrorists, any time," said Maj. Gen. Lodewijk Paulus, who heads Kopassus, the Army special forces unit that until recently was on a US blacklist for Suharto-era human rights abuses.
Critics have warned of the dangers of involving the Armed Forces. The National Commission on Human Rights (Komnas HAM) had said the inclusion of the military could lead to abuses.
"I'm worried the military will use their power to once again suppress civil rights and arrest anyone they consider terrorists," said analyst Mardigu Wowiek Prasantyo, from the Setara Institute for Peace and Democracy. "It really feels like we're turning back the clock."
Jim Della-Giacoma, the Southeast Asia project director of the International Crisis Group, said the military could play a role in situations such as plane or ship hijackings, but that it should not undermine a successful strategy driven by law enforcement.
"Indonesia has to be very careful about involving the military in fighting this war, about overreacting to this threat," he said."Terrorism is not an existential threat to the nation. It is a criminal exercise by a small group of people who are generally well known, and many have been in and out of prisons."
PDI-P lawmaker Tubagus Hasanuddin, deputy chairman of House Commission I overseeing defense, said it supported the idea. "But the government must explain in detail the military's role... What is the military's function, authority and limit? It's fine to get them involved, but there should be clear parameters."
[Additional reporting by AP and the NY Times.]
Binsar Bakkara, Hamparan Perak Muslim militants wearing black masks stormed the tiny police precinct in western Indonesia and unloaded their assault rifles riddling officers' bodies with bullets and shining a spotlight on the country's changing face of terrorism.
Extremists, better known for targeting Western nightclubs and hotels, are now going after the nation's state. And for the first time in more than a decade, the army has waded into the fight.
"It happened so fast, there was no way to react," said Irsol, the chief detective at the precinct in Sumatra, who narrowly escaped the midnight assault by turning off the lights and hiding in the bathroom.
By the time the militants had sped off, one of his friends was sprawled on the floor with a hole in his head. Another friend was slumped over his computer, and a third lay motionless in a pool of blood in front of a holding cell.
"It was like they were sending a message to police and soldiers everywhere," said Irsol. Still shaken after the Sept. 22 strike, he said the message was simple: "Watch out... you're next."
Though Jemaah Islamiyah has since abandoned large scale bombing tactics, saying too many Muslim civilians were among the victims, members of a violent offshoot led by the late bomb-making expert Noordin M. Top continued to carry out near-annual strikes on embassies, beach-side restaurants and glitzy hotels, killing more than 60.
But the attacks have been far less deadly, in part because hundreds of suspects have been arrested and convicted making the government and its security forces yet another target.
Indeed, the discovery of a new terror cell's jihadi training camp in westernmost Aceh province in February made it clear the game was about to change.
Several arrested militants said they wanted to punish the state for lending support to the US-led war on terrorism, said Maj. Gen. Ansyaad Mbai, tthe head of counterterrorism at the Indonesian security ministry. Their weapons of choice were guns, not bombs, he said, so they could be more precise.
Sidney Jones, a leading international expert on Southeast Asian terrorist groups, said the Aceh cell which brought together militants from different networks has been influenced in part by the Middle East.
"They have a long-term strategy of building an Islamic state and Muslim officials who hinder that objective are the enemy and need to be confronted," she said. "That doesn't mean attacks on foreigners are a thing of the past. But for now, at least, police appear to be the number one target."
The attack on the police precinct financed by a series of deadly armed robberies of banks and money changers that has netted more than $127,000 since April has been billed by militants as a warning of what is yet to come.
Militants also have warned of high-profile assassinations, saying President Susilo Bambang Yudhoyono topped their list.
The government has wasted no time in going on the offensive. For the first time since longtime dictator Gen. Suharto was swept from power in a wave of pro-democracy street protests in 1998, the military has joined the US- trained elite police in fighting the militants.
"We're ready to crush terrorists, any time," said Maj. Gen. Lodewijk Friedrich Paulus, head of the Special Forces, an army unit that until recently was on a US blacklist for widespread, Suharto-era rights abuses.
In recent weeks, soldiers have been shown on national television taking part in anti-terrorism drills, some wearing black helmets and uniforms as they jump out of helicopters.
Others have been shown combing rugged mountain terrain for fleeing militants. One clip even showed troops screaming at suspects in a river to surrender and then before they were given a chance to do so emptying their guns.
Critics warn that involving the army in combating terrorism has its dangers. It could spark competition between security forces, undermining the anti-terrorism fight, they warn. It also risks fueling Islamist propaganda and angering the public at large.
Mardigu Wowiek Prasantyo, a terrorism analyst, said that Indonesia has been successful in pushing back the terror threat so far partly because the alleged militants were, for the most part, treated according to the law.
They weren't secretly detained for long periods of time, and they received open trials, widely covered in the media. This helped convince a skeptical public that the threat was homegrown not part of a US conspiracy against Muslims.
But Hendardi, a noted rights activist from Setara Institute, has other concerns.
"I'm worried the military will use their power to once again suppress civil rights and arrest anyone they consider 'terrorists,'" he said. "It really feels like we're turning back the clock."
Ulma Haryanto & Zaky Pawas, Jakarta A long-awaited church in West Java faces the prospect of not being built at all, following objections by local Muslims.
The 5,000-member Mother Theresa Catholic Church has since the 1990s held its services at the Trinitas Catholic School in the Lippo Cikarang residential complex in Bekasi, pending a permit to build a permanent church on an 8,000-square-meter lot.
"As the congregation grew and the government issued the 2006 Joint Ministerial Decree on Houses of Worship, we decided to apply for a building permit for our own church building," Father Dani Sanusi, secretary of the Indonesian Bishops Conference's (KWI) Justice and Peace Commission, said on Thursday.
The decree requires neighbors' approval for houses of worship to be built. "We've already filed the paperwork and obtained the approval of the local residents, but now we're being accused of forging their signatures," Dani said.
He said those making the charge should be questioned about the claim. "We're not politicians. This is about a house of worship something that's purely for religious piety so why would we fake the residents' signatures?" he said.
However, Madrais Hajar, head of the Bekasi Council of Ulema, argued the church was unpopular with locals, citing almost daily demonstrations in September against what was rumored would be "the biggest church in Asia."
"The people of Bekasi refuse to allow the biggest church in Asia to be built here because the majority of Bekasi residents are Muslim," he said. "Why would they build it here? It's like they're challenging us Muslims."
Madrais said the protests, which he said drew "thousands of people," were finally called off after the Bekasi administration said it would not issue a permit to the congregation.
However, Dani dismissed the rumor of the church's size. "If we want to build such a church, we'd do it in East Nusa Tenggara, where Catholics are the majority," he said.
Bekasi Police on Thursday confirmed that the church had applied for a building permit. "Yes, they have forwarded a request to the Bekasi district administration, but they have not secured a permit as yet. Don't ask me why, because I don't know," Bekasi Police chief Sr. Comr. Setija Junianta said.
He also denied reports of public protests of the proposed church. "There were plans a couple of weeks ago to hold a protest, but it never happened," Setija said. "We spoke to those who wanted to protest, a guy named Dahlan, and had a dialog with him. And it never happened."
Bernard Abdul Jabar, from the Bekasi Muslim Forum, said the congregation had never sought approval for their church from the Bekasi Interreligious Communication Forum (FKUB) or the city administration.
Bernard said the Muslim forum had circulated its own petition in opposition to the construction of the church an idea he said had been suggested by the Bekasi administration.
"In the past few months we've held intensive talks with the administration about this issue," Bernard said. No city administration officials were available for comment.
Dani said he knew nothing about the petition. "But I'm sure with such rumors going around, it'll be sent to us soon," he said. "And when it is, we can always sue the Bekasi administration in court."
He added he remained optimistic about the congregation's prospects for a favorable verdict in the event of litigation. "We believe there are still a lot of honest judges left in the country," Dani said.
Members of the Batak Christian Protestant Church (HKBP) of Pondok Timur Indah, Bekasi, have faced protests and attacks while trying to worship. The HKBP has also had trouble securing a permit to build a church.
Nivell Rayda & Camelia Pasandaran, Jakarta The level of intolerance among the Muslim community toward the Ahmadiyah sect has more than doubled during the six years of President Susilo Bambang Yudhoyono's rule, a survey indicates.
In the study by the Indonesian Survey Circle (LSI), 30.2 percent of 1,000 respondents in 100 towns and cities across Indonesia supported acts of violence against the sect, which many mainstream Muslims deem deviant.
LSI researcher Adrian Sopa said this was a sharp increase from a similar survey in 2005 that showed only 13.9 percent of respondents backed such moves.
"The government must do something before the problem escalates," he said. "[President Susilo Bambang] Yudhoyono must put an end to hate speeches and attacks and ensure religious freedom."
However, in a speech on Tuesday, Yudhoyono blamed the rise of hard-line activity on the country's transition toward a fully fledged democracy. "In a large-scale transformation, there might be disorientation and resistance," he said.
"It often causes uncomfortable feelings [and leads to different groups] blaming each other. It happens because the old values have been abandoned while the new values have not been properly established."
The LSI's latest survey comes on the heels of an attack against the Ahmadiyah and a plan to banish them to an island. On Oct. 1, hundreds of attackers ransacked and burned down houses, schools and a mosque in Cisalada village, home to 600 followers of the minority sect.
On Monday, meanwhile, the district head of West Lombok announced plans to relocate a group of Ahmadiyah refugees to a deserted island to quell the local community's unrest over their presence there.
The LSI concluded the growing number of attacks against Ahmadiyah was rooted in the government's failure to prosecute the perpetrators.
A similar study released last month by the Center for the Study of Islam and Society found "a worrying increase" in religious intolerance among Muslims in 2010 compared with 2001.
Of 1,200 adult Muslim men and women surveyed nationwide, 57.8 percent said they were against the construction of churches and other non-Muslim places of worship the highest level recorded by the study center since 2001.
More than a quarter, or 27.6 percent, said they would object to non-Muslims teaching their children in school, up from 21.4 percent in 2008.
Center chief Jajat Burhanudin said the results were "good news for radical groups" in the world's biggest Muslim-majority state. "Religious intolerance encourages people to become radicals, join terrorist networks or at least support the agenda of fundamentalists who commit violence in the name of religion," he said.
Indonesia's Constitution guarantees freedom of religion, while the country of 240 million people, 80 percent of whom are Muslim, has ratified the UN's International Covenant on Civil and Political Rights.
Followers of Ahmadiyah, a sect founded in India in 1889, profess the group's founder, Mirza Ghulam Ahmad, was the last prophet, a belief that runs counter to mainstream Islamic beliefs that reserve that distinction for the Prophet Muhammad.
In 2005, the Indonesian Ulema Council (MUI) issued a fatwa, or edict, calling the sect's teachings blasphemous. Since then, a string of violent acts and discrimination against members of the group have gone mainly unpunished.
Nivell Rayda, Jakarta A district head in West Nusa Tenggara announced plan to relocate 20 Ahmadiyah families to a deserted island, a move many say is both discriminatory and inhumane.
"We are trying to protect Ahmadiyah members," Zaini Arony, district head of West Lombok, said on Monday, as quoted by Antara.
Zaini said he had discussed the matter with religious figures and members of society, adding that it had been agreed that Ahmadiyah members would be relocated to an island in Sekotong subdistrict.
He claimed the local government feared a repeat of an incident in February 2006 when thousands of mainstream Muslims burned homes belonging to Ahmadiyah members in the district.
The incidents left as many as 137 people homeless, all of whom had to be escorted by police officers to a temporary shelter in the provincial capital, Mataram.
In August, at least 20 families left the shelter and returned to the district. Zaini said their return was rejected by a number of groups.
Zafrullah Pontoh, the president of the Indonesian Ahmadiyah Congregation (JAI), told the Jakarta Globe that the West Lombok government had never discussed the matter with the sect. "The local government is trying to banish Ahmadiyah from West Lombok," he said.
Followers of Ahmadiyah, a sect founded in India in 1889, profess that the group's founder, Mirza Ghulam Ahmad, is the last prophet, a belief that runs counter to mainstream Islamic beliefs that reserve that claim for the Prophet Muhammad.
The nation's highest authority on Islamic affairs, the Indonesian Council of Ulema (MUI), issued a fatwa in 2005 against the Ahmadiyah, calling its teachings blasphemous. And the government issued a joint ministerial decree in 2008 banning its members from practicing their faith in public or spreading its beliefs.
Ulil Abshar Abdalla, founder of the Liberal Islam Network and a Democratic Party politician, said the government must remain neutral and not support calls of intolerance against Ahmadiyah from mainstream Muslim groups.
"It needs time to correct religious indoctrination [in mainstream Muslim] that spur hatred towards Ahmadiyah. It needs time to reach cultural maturity to accept different views," he said. "However, I am saddened that the government is supporting this cultural immaturity and making it a political policy."
Fitri, Central Lombok, West Nusa Tenggara Two villagers on Monday told the Praya District Court in Central Lombok that American national Gregory Lloyd Luke, 64, deserved to remain behind bars for blaspheming Islam during Ramadan.
Prosecutor B Nurjanah confirmed that Luke could face up to five years in prison on charges of blasphemy, violent and unpleasant conduct and on using violence to interrupt or obstruct a publicly recognized religious meeting.
Witnesses Jasmani, 50, and Ahmad, 26, separately told the court that the defendant, also referred to as Amaq Greg, had conducted himself in a manner that wounded the feelings of Muslims at Kute Village in Pujut, Central Lombok.
Ahmad told the court that on Aug. 22, he saw Luke coming in on a motorcycle to their prayer hall, clearly very angry.
"He went up the staircase of our prayer hall and unplugged the speakers during an evening prayer session," Ahmad said. "I went up to him because I could see him striding toward Jasmani and scolding him."
"He said: 'You are devils! Always making noise!' I was holding him back from going further into the prayer hall, and he pushed me. So I hit his neck. He fell. It was at that time, that he said 'All you Muslims have no manners, no politeness. If I hear the call to prayer one more time, I will hire gangsters and burn down your prayer hall.'?"
Ahmad then told the court hearing that Luke's diatribe enraged him, and prompted him to pelt the American with a stone, following which he then ran home, fearing having actually hit the foreigner.
He said he did not see villagers chase after Luke and ransack his home, located some 300 meters from the prayer hall. The expatriate was then taken into custody by police, which may have saved him a beating.
Jasmani testified that at 7:45 p.m. on Aug. 22, the speakers of the prayer hall suddenly went dead during the prayer session.
"I saw [Luke] outside, arguing with a youth. It was Ahmad. They were pushing each other. So, I came outside and tried to see what I could do to stop this. I do not know whether or not Luke had unplugged the speakers. I did not see him. I also did not hear him saying anything that tarnished the name of Islam," he said.
Luke, through an interpreter, denied unplugging the speakers. "All I said was the speakers were too loud". "I am a Muslim, how can I insult Islam," the defendant said after the hearing.
Heru Andriyanto, Jakarta In a move reeking of desperation, the police have resorted to charging former TV host Cut Tari under an antiquated law for her alleged appearance in a homemade sex video with Indonesian singer Nazriel "Ariel" Irham.
Police had initially tried to prosecute the celebrity under the Criminal Code or the 2008 Anti-Pornography Law but failed.
Lawyer Hotman Paris Hutapea said on Thursday that since the video was allegedly made in 2005 and the Anti-Pornography Law could not be applied retroactively, police had resorted to using an emergency law from decades earlier.
"Police gave up on the Anti-Pornography Law a month ago, and have now turned to an emergency law issued in 1951, when Indonesia was still a federal state," Hotman said at the South Jakarta District Court.
The lawyer said he himself was confused by the new charges against the woman, because the emergency law was issued at a time when the provisional Constitution was still in force, and it "used the old version of the Indonesian language which is hard to understand today."
Hotman cited Paragraph 3 of Article 5 of the 1951 law as stating "If an act is considered a crime but cannot be shown to be a crime according to existing laws and the Criminal Code, then hukum adat is applicable." Hukum adat, or customary law, is a set of local and traditional laws and dispute resolution systems.
Hotman said that under this form of law, a prison sentence of between three months and 10 years could be handed down.
The documents for the case against Cut have moved back and forth between the police and the Attorney General's Office over the last couple of months with neither coming to a conclusion, Hotman said.
"The Anti-Pornography Law has been dropped from the charge documents. Now they are using Article 282 [on indecency] of the Criminal Code along with the 1951 emergency law," he said. "The change was made based on an instruction by prosecutors."
Another key obstacle to the completion of the case is the fact that police are unable to ascertain the location where the sex video involving Cut and Ariel was filmed, as both suspects claim they cannot remember where the video was taped.
Jakarta The hardline group Islamic Defenders Front are planning to protest the upcoming release of an Indonesian horror movie starring American porn star Tera Patrick.
The movie titled "Rintihan Kuntilanak Perawan" ("The Moans of a Virgin Ghost") also starred local actresses Catherine Wilson and Angelique, the former wife of legendary dangdut singer Rhoma Irama. It is scheduled to be released on October 14.
Habib Salim Alatas, head of the Jakarta chapter of the Islamic Defenders Front, also known as FPI, said he did not know that Patrick was in Indonesia to shoot the movie.
"The movie producers have been so underhand. It makes us stressed," Habib said. "The next time a porn film star lands at Soekarno Hatta airport, we will block them. Nobody told us that the actress had already come and shot the movie in Indonesia," he said.
Habib Salim added that thousands of FPI paramilitary units will hold protests against the Film Censorship Board and the K2K production house.
"We staged a demonstration against the production house but apparently it didn't work. They are smarter this time, they did not leak anything about the movie on the Internet or on Twitter," he said.
Meanwhile, the movie producer KK Dheraj said the movie had passed censorship. It was not easy for Dheraj and his K2K Production to convince Patrick to take part in the movie.
"The first time she heard the offer was from Indonesia, she was scared. She refused the movie four or five times before she finally agreed," he said. It took 16 months before Patrick's management said yes to the offer.
"To have Tera Patrick in the movie was risky. I did the shooting secretly outside of Jakarta, ten days before the fasting month started. Twenty bodyguards were deployed to guard her from the airport to the hotel room," he said, adding that Patrick was no longer in Jakarta.
In her twitter account, @MrsTeraPatrick, she wrote she was in Jakarta in August before continuing her business trip to several US states. American- born Patrick is known for her exotic look coming from a multicultural parents of Thai mother and British father.
FPI previously protested against Japanese porn actress Miyabi starring in a comedy movie titled "Menculik Miyabi" ("Kidnapping Miyabi"). Miyabi finally decided to cancel her participation in the movie.
Habib Salim said FPI would reject any porn actresses from thinking about coming to Indonesia. "We will not stand still," he said.
Heru Andriyanto & Ismira Lutfia, Jakarta Journalists, lawyers and even Hugh Hefner over the weekend rallied around jailed former Playbor editor Erwin Arnada, who this week will attempt to use his last get-out-of-jail card.
Erwin, who was picked up by police and prosecutors on Saturday upon his arrival at the Soekarno-Hatta International Airport from Bali, has said that he would file his case review with the Supreme Court immediately this week.
"As a law-abiding citizen, I turn myself over to the prosecutor's office for my imprisonment, and now I leave it for my lawyers to do the legal challenge," Erwin said before being sent off to Cipinang prison in East Jakarta, where he began his two-year sentence for violating Indonesian indecency laws.
The Press Council, a media watchdog, has promised free legal assistance for Erwin until his case received a final verdict.
"Our stance has not changed since 2007 that the Indonesian version of Playboy magazine doesn't breach the pornographic law and that we deplore the use of Criminal Code against Erwin," the council's Uni Lubis said.
Press Council member Agus Sudibyo said the case had "put a stain on President Yudhoyono's administration, as it makes the government looks like it still fails to understand the basic tenets of press freedom."
Playboy founder Hugh Hefner also chimed in, tweeting: "It's nice to see so much support for the Playboy editor arrested in Indonesia."
Seeking a case review is Erwin's last legal option, but it requires the convict to present new evidence. Though Erwin could ask for presidential clemency, doing so would be tantamount to an admission of guilt.
"The verdict reflects a fatal error by the judges," said renowned lawyer Todung Mulya Lubis when asked about the case. "We will register the case review request on Monday or Tuesday."
Todung said that as a publisher, Erwin should have been tried under press laws instead of the Criminal Code. "Erwin has done his job as professional journalist, and if any journalist is in conflict with the law because of his duty, he must be tried under the press law.
It happens to Erwin today, but next, it could be you," Todung told reporters.
The South Jakarta District Court acquitted Erwin in 2007 for that very reason, but in July of last year the Supreme Court overturned the acquittal and sentenced Erwin for indecency under Article 282 of the Criminal Code, siding with an appeal by prosecutors.
The lower court said that the magazine, which contained no nudity, was published after it met all government regulations on media publications and obeyed rules requiring adult magazines to be sold with sealed plastic covers.
The Legal Aid Center for Press (LBH Pers) said media activists and experts could assist Erwin by giving out-of-court advice or submitting amicus curiae [friend of the court] briefs to the court.
"[But] it would be up to the judge whether he would include our insight into his consideration," LBH Pers chairman Hendrayana said.
He said amicus curiae briefs had contributed to the Supreme Court decision last year to overturn a criminal defamation conviction against Time magazine. The case stemmed from a May 1999 cover story alleging former President Suharto and his family had amassed a fortune of $15 billion over three decades of rule.
Dicky Christanto, Jakarta The former editor of the now-defunct local version of Playboy magazine, Erwin Arnada, turned himself in on Saturday. He faces a two-year prison term, which was appealed but upheld by the Supreme Court.
"As a law-abiding citizen, I am going to turn myself in to the prosecutors' office to undergo processing," Erwin said as he arrived at the South Jakarta prosecutors' office.
Erwin was apprehended by prosecutors and police upon his arrival from Bali at Soekarno-Hatta International Airport on Saturday afternoon. Police demonstrated their prowess at the airport with a large entourage of officers brandishing assault rifles.
Media reports say that the police took the precautionary measures in response to news that Erwin would be "greeted" by members of the Islam Defenders Front (FPI), a group notorious for violent tactics, who had fiercely sought Erwin's prosecution.
But the anticipated demonstration did not materialize. Erwin was rushed to the South Jakarta Prosecutors office before being transferred to Cipinang State Penitentiary.
Erwin's attorney, Todung Mulya Lubis, said he was disappointed with the way prosecutors and police had treated his client. "Why they should treat my client like a terrorist?" he said, stressing that Erwin had met the authorities' requests to surrender voluntarily.
Rahman, the head of the intelligence division at the South Jakarta Prosecutors' office, refused to comment on whether Erwin was arrested or voluntarily surrendered after he had skipped several summonses and failed to show up on the Oct. 7 deadline.
The local version of Playboy stirred controversy when it hit news stands in 2006, causing an uproar among several Islamic groups that described the men's magazine as a symbol of moral decadence.
The Supreme Court ruling sparked concern about lingering threat of press freedom in Indonesia because it was based on the old Criminal Code in disregard of the press law.
A request for a case review would be filed with the Supreme Court while his client serves his sentence, Todung said. "We expect that the Supreme Court will re-examine the ruling soon, so that my client will not have to serve the entire term," he said.
"We want to question the panel's reasons for ruling in favor of the prosecutors' opinion that the magazine constituted an act of public indecency," Todung said, adding that even the Press Council stated that the Indonesian version of Playboy did not contain pornography, was in line with the press code of ethics and therefore had not violated the press law.
Todung alleged that the ruling was aimed at curbing freedom of the press. "Erwin's case has become a bad precedent for all journalists."
Press Council representative Uni Lubis, who was also present at the Prosecutors Office, supported Todung's statement. "We have found nothing pornographic in the magazine," she said.
The South Jakarta District Court cleared Erwin of all charges in 2007 because the photographs presented at Erwin's trial could not be categorized as pornography. Unhappy with the ruling, the prosecutors then filed an appeal to the Supreme Court.
The Supreme Court ruled in favor of the prosecutors in July 2009 and sentenced Erwin to two years in prison for public indecency, as stipulated by the Criminal Code.
Jakarta The former editor of the now-defunct Indonesian edition of Playboy magazine, Erwin Arnada, surrendered to the South Jakarta District Court on Saturday, and has prepared a judicial review for submission to the Supreme Court.
Erwin's lawyer, Todung Mulya Lubis, said that he would comply with the law. "He will not run away and will remain obedient," he said.
Erwin's judicial review seeks to ask questions regarding the prosecutor's appeal to the Supreme Court which sentenced him to two years behind bars.
Meanwhile a campaign has emerged on the social networking micro-blogging Web site Twitter to show support for Erwin. Several celebrities and a controversial movie director tweeted their support for the former editor as he began his jail stint.
Director Joko Anwar, who made the headlines for a publicity stunt in 2009 when he went shopping naked, tweeted "Erwin, Indonesia is becoming so harsh!"
A fellow director, Upi Avianto, famous for the movies "Radit dan Jani" and "Serigala Terakhir" ("The Last Wolf") showed her support by tweeting "Be strong [Erwin]. If you need anything, I will try to help."
Erwin Parengkuan, a TV presenter and public speaker said "I have heard the news, 'Win. Be patient, yeah. I hope everything will get better for you."
The former editor blamed his sentence on "Gangsters masquerading as people of religion."
As well as the messages of support on Erwin's personal Twitter page, a "Free Erwin Arnada" trending topic has also been established. The topic is #FreeErwinArnada. (Antara & JG)
Regional autonomy & government
Arghea Desafti Hapsari, Jakarta Indonesia's formula for decentralized administrative regions has again come under fire as indigenous people in Papuan and Kalimantan continue their demands for revocation of Indonesia's regional autonomy program, saying its policies had only compounded their suffering.
The highly touted decentralization scheme, colloquially known as pemekaran, has been the mainspring of money politics, corruption and horizontal conflicts, a number of representatives from the Kalimantan and Papuan archdioceses said.
Several members of the Justice and Peace Commission (KKP-PMP), a group organized under the Indonesian Communion of Churches (KWI) to advocate the indigenous rights for the people of Kalimantan and Papua, paid a visit to The Jakarta Post's office on Monday as a part of National Advocacy Week.
During the visit the group explained the conditions of indigenous people in Papua and Kalimantan, who are living side by side with companies accused of exploiting regional forests, rivers and other natural resources that were once the sole sources of their livelihoods.
After 10 years of implementation, the regional autonomy program has failed to bring promised development and prosperity to the indigenous people of Kalimantan, Tanjung Selor KKP-PMP office representative Maurinus Sodho Nuwa said.
"The regional leaders have no conception of the environment or appreciation for local wisdom. Co-optation has intensified and indigenous people have been neglected," he added.
The government and legislators at the House of Representatives have often argued that it was the locals in regions who demanded proliferation of new autonomous regions.
Saul Paulo Wanimbo from the Timika KKP-PMP office opposes this claim. The indigenous people of Papua "never cared about proliferation," he said, even though many of the newly designated autonomous regions are located in Papua and West Papua.
"Only local political elites will take issue if there are no more administrative divisions in Papua. To them, it would mean the loss of their sources of corruption. The locals are more worried about making ends meet," Saul told the Post.
Indonesia has 491 regencies and municipalities, of which only 10 percent can render effective public service, LIPI researcher Siti Zuhro told the Post in September.
A 2009 evaluation found that only nine regencies and two cities have demonstrated exceptional performances. Twenty provinces, 133 regencies and 42 cities posted good performances, while 10 provinces, 105 regencies and 23 cities were graded satisfactory, and three provinces, 54 regencies and 10 cities were evaluated as performing poorly.
Earlier this year, the Home Ministry and legislators agreed to halt the proliferation of new autonomous administrative regions. The ministry is currently re-designing the grand strategy for autonomy.
Jakarta Jakarta's unprecedented traffic congestion sees millions of cars burning gas as they sit stationary, and millions of residents choking their lives away in plumes of thick pollution every day.
And yet there is no solution to this problem; either around the corner or on the horizon.
Adithya Permana Mulya, 28, said recently that his weekly fuel expenditure had doubled because of increased traffic congestion. Adithya, an interior design consultant who drives an SUV, usually spends between Rp 250,000 (US$28) and Rp 350,000 on gasoline every week.
In the week after the Idul Fitri holiday last month, when many residents were still in their hometowns, Adithya saw his fuel bill drop dramatically. "There was not much traffic on the roads and I only spent around Rp 150,000 on gasoline that week," said Adithya, who lives in East Jakarta and works on Jl. Thamrin in Central Jakarta.
Christina Veronika, 32, who started taking an ojek (motorcycle taxi) between her home in Kota, West Jakarta, and her workplace in Kuningan, South Jakarta, five months ago because of traffic, said she has been experiencing breathing problems since she stopped going by car.
About two months ago, Christina saw a doctor about her breathing problem, and ended up spending Rp 350,000 for the consultation and medicine. "The doctor said I had an inflammation in my throat. He said it was probably caused by pollution."
The Economist reported that Jakarta is the world's largest city without a rapid transportation system.
With millions of people living in the city, and buses most of them clapped out the only form of public transport, it is estimated that traffic moves at an average speed of 13 kilometers per hour in Jakarta, compared with 19 kilometers per hour in London. The magazine reported that loose consumer credit and fuel subsidies are boosting car ownership by 10- 15 percent a year.
The Presidential Work Unit for Development Monitoring and Control recently reported that each year Jakarta lost Rp 12.8 trillion (US$1.43 billion) as a result of severe traffic congestion. The World Bank puts that figure at Rp 43 trillion a year.
Firdaus Ali, an environmentalist, said motorists in the city wasted Rp 10.7 trillion on fuel burned while stuck in traffic last year. "If a vehicle needs 1 liter of gasoline for a 20-kilometer journey, it will probably need between 2 and 3 liters for the same journey if the route is congested," Firdaus said.
Pollution has worsened in Jakarta, creating various health problems such as infection of the upper respiratory tract, he said.
According to data from the Health Ministry, respiratory tract infections topped the list of diseases in Jakarta last year, with about 1.8 million reported cases. This reflected a 22.35 percent increase from the previous year.
Firdaus estimated that Jakartans spent a combined Rp 5.8 trillion on treatment for respiratory problems every year, adding that the true figure could be higher.
"Many people also lost time with their families and productive working hours, spending an average of more than six hours a week on the roads due to congestion," he said. "My research team estimated total annual losses of Rp 9.7 trillion in lost work time resulting from traffic jams," he said. (rch)
Camelia Pasandaran, Jakarta The government has announced plans to overhaul the air transportation sector in an effort to address the country's patchy record for flight safety and aviation infrastructure.
Vice President Boediono on Thursday told a coordination meeting on transportation safety, which brought together several ministers and heads of related institutions, that the revamp was of utmost importance to address public concerns about the aviation sector, which has been dogged in recent years by safety issues and crashes.
"We have to provide a transparent response and all our decisions should be accessible to the public," Boediono said. "Let us start by looking for concrete steps, and not lofty ones, to improve transportation safety."
Yopie Hidayat, a spokesman for Boediono, said the meeting produced an eight-point resolution to improve air safety and address overcrowding at airports.
The top priority, he said, is to put the National Transportation Safety Committee (KNKT) directly under the president. The committee is currently under the Ministry of Transportation.
"The meeting decided the KNKT should be responsible to the president to strengthen its independence, empower it and shed its dependency on the Transportation Ministry, which it should be supervising," he said.
Yopie said there would be increased supervision of the implementation of the KNKT's recommendations, and tougher sanctions for those found in breach of transportation regulations.
All pending regulations on flight safety should also be finalized by the end of the year, he said, adding that the Directorate General for Air Transportation would be asked to fast-track the process.
The meeting also agreed that key airports across the country, including Jakarta's Soekarno-Hatta International Airport and Bali's Ngurah Rai International Airport, should be expanded. The expansion program, Yopie said, would be funded from the state budget, but public-private partnership schemes would also be considered.
He said Soekarno-Hatta, which was built to handle 22 million passengers a year, handled 34 million passengers in 2009 and an estimated 40 million passengers were expected to pass through the airport this year.
Yopie said a new runway and two new terminals were planned for Soekarno- Hatta, with the work expected to be finished by 2013. He said some commercial traffic would be diverted to Halim Perdanakusuma air base in East Jakarta "as a temporary solution" while Soekarno-Hatta was being expanded.
An interministerial team jointly led by the ministries of transportation and state-owned enterprises will be set up to oversee the expansion plans.
Another decision reached was to accelerate the restructuring and separation of airports' navigation and operational functions. Yopie said a new public corporation would be formed to handle the country's navigation and air traffic control systems.
The Coordinating Ministry for the Economy is currently completing the preparations for the new enterprise, he added.
Airlines, Yopie said, would also be encouraged to employ online ticketing systems, which are currently not mandatory.
"There is a need for regulation on this," he said. "The problem is that in the regions, manual transactions are still necessary, especially in small towns. The Directorate General for Air Transportation will discuss this with the airlines and look into such a scheme, including for cargo."
Armando Siahaan, Jakarta A coalition of watchdogs on Friday redoubled their calls for the next Attorney General to come from outside the AGO, arguing that only an outsider could fix the problematic legacy of Hendarman Supandji's regime.
President Susilo Bambang Yudhoyono is expected to name Hendarman's replacement soon, and a renewed debate has erupted over whether the replacement should be a career prosecutor or an external appointee.
The Coalition of Justice Observers, comprised of groups such as Indonesia Corruption Watch, Transparency International Indonesia and the Indonesian Transparency Society (MTI), argued that the AGO had performed poorly under Hendarman.
"The coalition rejects an Attorney General candidate from within the institution, especially from Hendarman Supandji's regime," TII's Dwipoto Kusumo said.
The coalition said that Hendarman's regime had failed in a number of areas, including the war on corruption, internal reforms, commitments to human rights and transparent financial management within the institution.
It noted that the AGO had acquitted defendants in at least seven high- profile corruption cases, while the status of 40 other corruption cases remained unclear.
ICW stated that 54.82 percent of alleged corruptors were acquitted by courts, and blamed the figure on prosecutors' incompetence in preparing indictments.
Moreover, the coalition pointed out that Hendarman's leadership was also marred by a number of troubled prosecutors, such as Urip Tri Gunawan, who was prosecuted after being caught red-handed taking a $660,000 bribe to halt an AGO investigation into a major embezzlement case.
"There's also espirit de corps in protecting prosecutors implicated in a legal case," the coalition said in a written statement, referring to Cyrus Sinaga's immunity despite his alleged key role in a tax embezzlement case.
The legal watchdogs also pointed out that the AGO under Hendarman had shown weak commitment in human rights cases, exemplified by the unresolved killing of human rights activist Munir and the shooting of university students during the 1998 unrest.
Hendarman was also criticized by the group for the AGO's decision to ban five books deemed as "disturbing public order."
MTI's Jamil Mubarok, said that according to a Supreme Audit Agency report for the first semester of 2009, losses discovered at the AGO stood at Rp 8.15 trillion ($912.8 million), while another Rp 30.19 billion was lost at the Jakarta prosecutor's office. The losses indicated poor financial management under Hendarman, he said.
The coalition said all the various shortcomings and failures were reasons for the AGO to take a new direction.
"All of these were caused by the culture within the AGO itself," said Dimas Prasidi, from the Institute for Assessment and Advocacy of Independent Judiciary (Leip).
"The people from [Hendarman's] period brought little change within the institution, and to change the system it is best to bring someone competent from outside the AGO."
TII's Dwipoto was even more succinct: "We ask the president to consider an Attorney General candidate from outside the AGO."
But the installation of an external chief could face massive resistance. Last month, a group representing more than 8,000 prosecutors united under the Association of Indonesian Prosecutors (PJI) held a press conference in Jakarta to urge President Yudhoyono to choose a career prosecutor.
Hendarman himself has aired hope that the president would choose a career prosecutor, even naming potential candidates seven deputy attorneys general and one expert coordinator.
Farouk Arnaz, Jakarta A House commission on Thursday agreed to recommend Comr. Gen. Timur Pradopo as the new National Police chief after a long but tepid fit-and-proper test lambasted by activists as little more than more than theater.
After 11 hours of questioning, all nine factions in House of Representatives Commission III, which oversees legal affairs, came to agreement and commission chairman Benny K Harman banged the gavel to make the decision official.
"What we saw today was fake and just a drama," said Indria Fernida, deputy director of the Commission for Missing Persons and Victims of Violence (Kontras). He said lawmakers had remained silent even though many of their questions went unanswered.
The tough grilling that lawmakers had promised never materialized in what turned out to be a meek affair.
Timur's much criticized statement that he would embrace all groups, including the hard-line Islamic Defenders Front (FPI), in assuring security was raised only briefly, with the Democratic Party's Ruhut Sitompul asking how the police would deal with "a group that always used violence in the name of religion."
The lawmakers appeared satisfied with Timur's brief response that he would "take firm action."
Timur's wealth, which the Corruption Eradication Commission (KPK) had said had doubled in just two years, was only questioned in passing.
Commenting on accusations by rights activists that he had played a part in the fatal shootings of Trisakti University students during the unrest that led to the resignation of longtime dictator Suharto in May 1998, Timur said that he had only been following orders.
"I did not break any law. The strategy and tactics were not dictated at my level but by my superior," said Timur, who at the time headed the West Jakarta Police, which oversaw the area where the shootings occurred.
He also said he had ignored summonses for questioning over the shootings by the National Commission on Human Rights (Komnas HAM) because there was an institutional policy against it. "As a soldier I have to obey what my commanders order."
Syarifuddin Sudding, from the People's Conscience Party (Hanura), said the questioning was too short. "We didn't have enough time to ask him more. Basically, I am not satisfied with him."
At the hearing, Timur, who will reach the mandatory retirement age, 58, in December 2013, also spelled out 10 "personal" programs he would implement. "Its not just a commitment but a promise that comes from the bottom of my heart, even though I have my limitations," he said.
They included resolving major cases and combating street crimes, gambling, drugs, illegal fishing, mining and logging, corruption and human trafficking. He also promised to improve the performance of the police's antiterror squad by working with the Army and the National Anti-Terrorism Agency (BNPT).
Armando Siahaan & Markus Junianto Sihaloho, Jakarta A top official on Wednesday confirmed speculation that the sole candidate to head the National Police was chosen to prevent polarizing the force.
President Susilo Bambang Yudhoyono proposed Comr. Gen. Timur Pradopo to the House of Representatives on Oct. 4, just hours after Timur had been promoted to a three-star general.
Timur's nomination came as a surprise because up to that point all the discussion had focused on two other candidates Comr. Gen. Nanan Soekarna and Comr. Gen. Imam Sudjarwo.
Djoko Suyanto, coordinating minister for political, judicial and security affairs, speaking as the head of the National Police Commission (Kompolnas), told lawmakers on Wednesday that Nanan and Imam were dropped from consideration because they were seen as divisive choices.
"There was a polarization," Djoko said. "The president thought the polarization was not good for the development of the National Police." Consequently, he said, the president saw the need for an alternative candidate.
Djoko said National Police Chief Gen. Bambang Hendarso Danuri in June had submitted the names of eight potential candidates to Kompolnas, as the body that would assist the president in choosing the final candidate. Timur was on the list.
"His name was submitted by the National Police chief. [The nomination] was in accordance with the usual process," Djoko said.
He also denied the nomination was a last-minute decision. Djoko said the final decision was made on Oct. 4, but the consultation process began a few days earlier, involving the vice president, the head of the State Intelligence Agency (BIN) and the National Police chief. Other candidates on the short list were also considered, he said.
Trimedya Panjaitan, a lawmaker from the opposition Indonesian Democratic Party of Struggle (PDI-P), demanded that Kompolnas release all of its correspondence with the president, including letters containing the eight candidates and the final choice.
"Everything so far has just been rumor, even in the House," Trimedya said, adding that the actual letters would provide legitimacy for Timur's nomination.
Bambang Soesatyo, a lawmaker from the Golkar Party, criticized the nomination process, saying the president and Kompolnas should have been better prepared. "They should have been preparing for a year to name the police chief's replacement. We knew for a while when the current chief was retiring" he said.
Syarifuddin Sudding, a lawmaker from the People's Conscience Party (Hanura), questioned why the president decided to nominate a two-star general and suspiciously accelerate his promotion.
Despite of the questions and criticism, Marwan Ja'far, from the National Awakening Party (PKB), said all the parties in the House, including PDI-P, had agreed to back Timur's nomination.
"I am positive that his nomination for police chief will be smooth, and will not face any significant resistance from any party," Marwan said. He added that a spat between lawmakers and House leaders who held a private meeting with Timur was unlikely to trouble the process of approving the nomination.
Hans David Tampubolon, Jakarta The National Commission for Human Rights says that National Police chief candidate Comr. Gen. Timur Pradopo could have been involved in human rights violation incidents in the past.
Rights commission chairman Ifdal Kashim said Timur was allegedly involved in the Trisakti and Semanggi incidents in the late 1990s.
"Based on our investigation, we found facts and data that suggest Mr. Timur Pradopo was once named the chief of the Central Jakarta Police and then named the chief of the West Jakarta Police. Based on that, he was allegedly responsible for gross human rights violation incidents," Ifdal said during a hearing with the House of Representatives Commission III on law and human rights in Jakarta on Wednesday.
The House commission is currently conducting a hearing with the rights commission, the Financial Transaction Analysis Center, the National Police Commission and the Corruption Eradication Commission to probe into Timur's track record.
Timur will undergo a fit-and-proper test before the House commission Thursday.
Armando Siahaan & Markus Junianto Sihaloho, Jakarta Legislators vetting the candidate to lead the National Police said they would question him over his statement that he would not be adverse to hard-line groups as working partners in law enforcement.
Comr. Gen. Timur Pradopo, the former Jakarta Police chief and the sole candidate for the national post, drew widespread criticism when he suggested that all groups, including the Islamic Defenders Front (FPI), could help keep the peace.
On Tuesday, however, legislators from House of Representatives Commission III, which oversees legal affairs and is scheduled to interview Timur on Thursday, called his statement questionable and regrettable.
"We'll ask him what he meant by [calling for] such close ties," said Tjatur Edy Sapto, a deputy chairman of the commission and head of a 10-person team responsible for researching Timur's record.
"If he intends to keep such groups under control, that's not a problem," added Tjatur, from the National Mandate Party (PAN). "But if he intends to offer them protection, that's not right."
Syarifuddin Sudding, from the People's Conscience Party (Hanura), questioned the candidate's position.
"If Timur engages the FPI to take over the role of the police in doing their job, that's utterly regrettable," he said. He added that partnering with hard-line groups like the FPI would undermine the police's credibility and legitimacy.
Bambang Soesatyo, from the Golkar Party, said that while there was nothing wrong in engaging such groups, it "should not weaken the police's authority."
"If the relationship is misused by the group, then the police chief must be extra firm [in cracking down] on them," he said.
Separately, Anis Matta, the only House deputy speaker not involved in a controversial meeting with Timur last week, has called for a dialogue with Commission III legislators who criticized the House leadership.
Anis, from the Prosperous Justice Party (PKS), said the House leaders preferred to settle the dispute amicably to keep it out of an ethics tribunal. "If possible, we'd like to invite all of them to meet with us for a friendly talk to discuss the matter," he said.
The controversy stems from a closed-door meeting last week between Timur and House Speaker Marzuki Alie and deputies Taufik Kurniawan, Priyo Budi Santoso and Pramono Anung.
Farouk Arnaz & Nurfika Osman, Jakarta The National Police have unveiled a new bureau within the detectives division to deal with public complaints of unprofessionalism and misconduct by officers.
The establishment of the Supervisory Bureau of Investigation comes amid widespread public criticism of the force's perceived mercenary approach in handling cases and allegations that detectives were fabricating cases in order to meet their quotas.
On Tuesday, National Police spokesman Brig. Gen. Untung Ketut Yoga said the bureau would be headed by the newly promoted Brig. Gen. Ronnie Sompie.
"His role will be to examine, supervise, monitor and audit every case handled by the National Police's detectives, to see whether their investigations comply with procedures and to address complaints form the public," Untung said.
He added that Ronnie would submit all his findings to chief detective Comr. Gen. Ito Sumardi. If Ito himself "is found to have acted unprofessionally, Ronnie will report directly to the head of internal affairs," Comr. Gen. Nanan Soekarna, Untung said.
However, Bambang Widodo Umar, a professor of police education at University of Indonesia, said the new bureau would prove ineffective in reforming the police force.
"It won't have any impact," he told the Jakarta Globe. "The main problem within the police is that they don't want to be monitored by other departments, even those run by their own peers."
Bambang said the existing General Oversight Inspectorate and the Bureau of Professionalism and Security Affairs should have been enough to monitor detectives. "But these two departments are relatively weak, as they tend to cover up the real investigations," he said.
The only effective measure, he said, was to establish a civil-society group to watch the police. "The group could consist of legal experts and human rights activists," Bambang said. "And the government should give this body a strong legal foundation."
The police force is widely considered the most corrupt state institution in the country, and critics have accused officers of being largely resistant to reform and continuing to demand bribes for the most basic services.
Public trust in the force reached its nadir this year when Comr. Gen. Susno Duadji, the controversial former chief of detectives, blew the whistle on institutional corruption involving several high-ranking officers.
Two middle-ranking investigators, Comr. Arafat Enanie and Adj. Comr. Sri Sumartini, were later found guilty in connection with the allegations. However, members of the police brass, including Brig. Gen. Edmon Ilyas and Brig. Gen. Raja Erizman, were never charged despite being implicated by Susno.
Bagus BT Saragih, Jakarta President Susilo Bambang Yudhoyono's decision to pick Comr. Gen. Timur Pradopo as the sole National Police chief candidate has disappointed colleagues and families of victims of the 1998 Trisakti shootings.
Hundreds of Trisakti University alumni have filed a petition demanding Yudhoyono recall Timur's candidacy, which they consider "very insensitive toward families of human rights victims".
"When Timur was announced on TV as the sole candidate [for the next police chief], I was shocked. This is not right. I should do something to stop this," Trisakti alumnus Julianto Hendrocahyono told The Jakarta Post on Saturday.
If the President refused to reconsider his decision, the parliament should reject Timur and ask him to propose another candidate, the petition says.
The Trisakti tragedy in May 1998 saw hundreds of students injured and four others (Hendriawan Lesmana, Hafidin Royan, Heri Hartanto and Elang Mulya) shot dead. Soldiers and police officers allegedly shot the students while they were demonstrating at their campus in West Jakarta, demanding the resignation of then president Soeharto.
Timur was then West Jakarta Police chief, and also the vice commander of the Mantap Jaya III Operation, which was in charge of all security operations at the time. The government has so far failed to prosecute the perpetrators of this bloody incident.
"Instead of pushing for investigations into the case, Yudhoyono picked a figure with a tainted human rights track record to lead a law enforcement institution," Julianto said.
Without providing any explanation, Timur also refused a summons from the National Commission for Human Rights in 2003, when the commission was investigating the incident. The results of this investigation were also unsatisfactory.
"We never accused Timur of deliberately killing our friends. The only institution with the authority to judge that is the court. But he has never been tried. He has repeatedly refused to testify before a human rights commission," Julianto said.
Julianto is the head of the Brotherhood Forum for the 1998 Trisakti Incident, which boasts more than 500 members nationwide.
Shortly after Timur's candidacy was publicized last week, Julianto and several other members of the forum began calling up other alumnus using telephones, short messages, social networks and online mailing lists.
"Apparently we all have the same opinion about Timur's candidacy. We all deeply regret Yudhoyono's move, which led us to produce this petition," said John Muhammad, another forum member who went to Trisakti University
Also a member of the forum is Usman Hamid, the former coordinator of the Commission for Missing Persons and Victims of Violence (Kontras). "We are of various ages and backgrounds, ranging from activists to entrepreneurs and engineers. But, when it comes to this matter, we are all the same."
A year after the Trisakti incident, Timur, as Central Jakarta Police chief, was also criticized for his role in another shooting incident in which eight student demonstrators were shot dead in the Semanggi area.
This year, a number of violent incidents erupted during Timur's four-month tenure as the Jakarta Police chief. These included an attack on antigraft activist Tama S. Langkun, a raid on HKBP leaders in Bekasi, and a recent clash between two ethnic groups on Jl. Ampera in South Jakarta, which left three people dead.
Arlina Arshad, Jakarta The vaunted Reformasi era of democratic change in Indonesia is coming to a dead end under President Susilo Bambang Yudhoyono's leadership, if his candidate for police chief is any indication, activists say.
Some are already drafting obituaries for the spirit of openness and liberal reform that energized the country of 240 million people in the years after the resignation of the dictator Suharto in 1998.
The latest nail in the coffin, according to these rights activists, is the imminent appointment of three-star General Timur Pradopo, 54, as chief of the mainly Muslim country's notoriously corrupt police force.
When Yudhoyono came to power in 2004, defeating the daughter of Suharto's predecessor Sukarno in a poll seen as free and fair, he was considered a potential reformer himself.
But critics say that Indonesia's entrenched vested interests have since re-asserted themselves with a vengeance, even if a return to overt dictatorship is unlikely.
Pradopo is ex-general Yudhoyono's sole nominee for the police job and while he will be grilled by lawmakers this week, activists say his appointment is as good as certain but few believe he has what it takes to clean up the force.
Teten Masduki of Transparency International, which ranked Indonesia 111 out of 180 countries in a corruption survey last year, said that with Pradopo in charge of the police, Reformasi will probably remain on life support.
"We don't see him as a strong figure who can effect change. The process of reform will stay stagnant," he said. "This is regrettable. There is so much corruption in the police force. The appointment of a new chief should have been an entry point for the president to make changes, but he's letting the opportunity slip."
But political scientist Bima Arya Sugiarto said the nomination is Yudhoyono's prerogative and Pradopo should be given a chance to prove himself. "All candidates have their plus and minus points so let's give him a chance while keeping an eye on his performance," he said.
Indonesia's economy is booming and foreigners are falling over themselves to invest in the local stockmarket, but a sense of pessimism is creeping through Indonesian civil society.
Critics point to a culture of cronyism, nepotism and impunity for human rights abuses, a lack of government transparency and the increasing use of draconian libel laws to muzzle critics and whistle-blowers.
Yudhoyono has won two elections with strong mandates to crack down on rampant corruption but his efforts are widely seen as selective and halfhearted at best.
At worst, some say he is complicit in cementing the power of a shadowy, Suharto-era "oligarchy" of mainly Javanese businessmen and former generals, for whom reform is a dirty word.
Usman Hamid, who heads the Commission for Missing Persons and Victims of Violence (Kontras), said such elites needed a police chief like Pradopo to protect their interests. "The choice of police chief is a threat to those involved in corruption. Timur Pradopo won't make things difficult for them," he said.
Setara Institute for Democracy and Peace deputy chairman Bonar Tigor Naipospos said the moustachioed general would be "easily influenced". "He has no outstanding achievements... He bends whichever way the wind blows," he said.
If that proves to be the case activists said it will be a seamless transition from outgoing police chief Bambang Hendarso Danuri, whose term was marked by numerous scandals.
Most recently, he was criticized over the alleged involvement of senior police officers in suspected judicial corruption surrounding the acquittal of an unusually wealthy junior tax official. Despite his checkered record, Yudhoyono stood by Danuri and allowed him to serve out his full term in office.
In addition to concerns about corruption, rights activists accuse Pradopo of complicity in the police shooting of four student protesters during the May, 1998 demonstrations that brought down Suharto.
Reformists also fret that the police is too close to hardline Islamists, especially vigilante groups like the stick-wielding Islamic Defenders Front, also known as FPI. Pradopo was reportedly a founding member of the FPI in 1998 and attended its anniversary celebrations earlier this year.
FPI militants do not advocate terrorism but share the jihadists' agenda of bringing Indonesia under sharia law. Some members have been arrested in connection with terror plots but the group says they were acting on their own.
The FPI has warmly welcomed Pradopo's nomination. Jakarta branch leader Habib Salim Al Attas called him a "very nice, firm and smart man".
Dicky Christanto, Jakarta Human rights activists continued to protest on Friday the nomination of Comr. Gen. Timur Pradopo to be the next National Police chief, saying they would lobby the House of Representatives to reject Timur.
The House has scheduled a "fit and proper test" for Timur next week, after he was named the sole candidate for the job by President Susilo Bambang Yudhoyono on Monday.
Top politicians from several parties including Indonesian Democratic Party of Struggle, the Golkar Party, the United Development Party and the Prosperous Justice Party have not objected to Timur's nomination. Others, however, protested the move.
Activists from several leading human rights NGOs vowed to intensify their lobbying of legislators to block Timur's appointment. According to activists, Timur was unlikely to uphold human rights. Three human rights- related incidents continue to dog Timur's nomination.
First, Timur was West Jakarta Police chief in 1998 during the Trisakti shooting, in which four students were killed. Second, he was Central Jakarta Police chief in 1999 during the Semanggi incident, when another student was killed. Third, Timur declined to answer a summons in 2003 from the National Commission for Human Rights to answer questions about his role in the Trisakti incident.
Al Araf, program director of Imparsial, an NGO focusing on human rights, said a series of meetings between activists and legislators had been scheduled to discuss the possibility of rejecting the President's nominee. "Ever since the Trisakti shootings, Timur has proven that he doesn't care about human rights," he said.
Araf said the NGOs has a list of potentially sympathetic legislators. "We must be very serious in showing them how dangerous it would be to approve Timur," he said.
Another Imparsial activist, Poengky Indarty, said that if the lobbying effort failed, activists would file a lawsuit with the State Administrative Court.
"We must bring these complaints regarding Timur's performance as police officer before the court and make them see that he is problematic and that is why we need to appoint another officer with cleaner background," she said.
Activists from the Commission for Missing Persons and Victims of Violence (Kontras) previously protested Timur's nomination, casting doubt on his ability to curb vigilante violence by groups such as the Islam Defenders Front (FPI). As Jakarta Police chief, Timur said that he would embrace the FPI to ensure security in the capital.
Kontras representative Usman Hamid said Timur's decision to embrace hard- liners had obviously violated the policy of current National Police chief Gen. Bambang Hendarso Danuri, who recommended that the government take a strong stance against violent mass organizations.
Criminal justice & prison system
Ismira Lutfia, Jakarta Media watchdogs have condemned the Justice and Human Rights Ministry for reportedly ordering private TV station SCTV to drop a sensitive broadcast, and have vowed to investigate.
The program, a documentary titled "The Sex Business Behind Prison Bars," was scheduled to air at 11 p.m. last Wednesday, but was pulled at the last minute by the SCTV management. Don Bosco Selamun, the SCTV newsroom chief, said the ministry had tried repeatedly to thwart the documentary's production.
"Our crew were turned away when they tried to interview [Minister] Patrialis [Akbar] for confirmation, and we had requests from the ministry demanding to see the program before it went on air," he said on Friday. "In all my years as a broadcaster, this is the first time I've experienced this."
He said the SCTV news crew working on the documentary had been subjected to "continuous intimidation" for two days, while the station management also received a phone call from the ministry demanding that the program be scrapped.
Ezky Suyanto, from the Indonesian Broadcasting Commission (KPI), said the group would meet with SCTV to discuss the issue. "We'll do it jointly with the Press Council since this pertains to a journalistic product," she said. She added that neither the commission nor the council had decided whether to seek clarification from Patrialis.
Meanwhile, the Alliance of Independent Journalists (AJI) called the cancellation of the program "regrettable." The group said it condemned the ministry's actions, calling them a violation of the 1999 Press Law, which prohibits censorship.
Patrialis, however, has denied having anything to do with the cancellation. Ministry spokesman Martua Batubara, meanwhile, said his office had sent a letter to the broadcaster, but not to demand the program's cancellation.
"We only requested a copy of the program after its broadcast, for our documentation," he said. "It is normal procedure in our media monitoring program to document any news reports regarding the ministry," he said. "The minister understands press freedoms, and there's no way he would interfere."
The AJI said the SCTV team had worked hard to produce the documentary, including getting footage with hidden cameras as proof of the prostitution business in prisons.
Nurfika Osman, Jakarta There is something gravely wrong about a justice system that would let a 55-year-old housemaid languish in jail for stealing just a few plates and pieces of clothing, legal advocates said on Monday.
They were referring to the case of Rasminah Binti, from Ciputat, Banten, who has been detained at the Tangerang Women's Penitentiary for the past four months for allegedly stealing six small plates, clothes and oxtail soup from her employers. Her trial is ongoing.
"Our legal system is broken as it cannot see what real justice is," Nurkholis Hidayat, the director of Jakarta Legal Aid Institution, or LBH Jakarta, said.
"In developed countries, persons who conduct petty crimes such as stealing some items are not detained," Hidayat said. "They are not detained, but they are declared guilty, and that is enough."
Even Justice and Human Rights Minister Patrialis Akbar expressed his concern over the case because the woman was "too old" to be detained. "There should not be any detention as she is very old and the case is not serious," Patrialis said. "It is enough for her to be released on bail."
Patrialis said police should not be too eager to put a person behind bars in cases similar to that of Rasminah, particularly since the allegedly stolen items were not even taken out of the house.
"There should be an in-depth investigation before detaining a person," he said. He said these cases are better resolved through out-of-court settlements.
Meanwhile, Ridha Saleh, the deputy chairman of the National Human Rights Commission (Komnas HAM), said the government should do something about this case.
"Patrialis should be able to push law enforcers in the country to make mediation as a priority for a case which does not have a serious consequence," he said.
"The government can be seen as not serious in giving legal assistance and protection to the poor as she is old and comes from a low-income family," he added.
Ricky Gunawan, program director of Community Legal Aid Foundation, or LBH Masyarakat, said this case shows how insensitive law enforcers could be.
"They are insensitive to people who are ignorant of laws and are poor as this case can be settled out of the court," he said. "Education for police, prosecutors and judges should not only contain doctrines of law, but also the understanding of a 'sense of justice'."
[Additional reporting from Antara.]
Jakarta The Directorate General of Taxation said on Monday it raised Rp 444.2 trillion ($49.74 billion) in tax revenues in the first nine months of this year, up 18 percent from the same period last year but still lagging its 2010 target.
The figure is only 67 percent of the tax office's target to collect a total 661.5 trillion rupiah this year. Last year it also failed to reach its tax revenue target, by 2 percent.
Analysts say Indonesia needs to lift its low tax collection to improve its long-term finances and reduce reliance on borrowing in bond markets, a move which would help it achieve an investment grade sovereign rating.
Tax office chief Mochamad Tjiptardjo told reporters tax collection this year slowed because of a decline in confidence by taxpayers after a recent case of alleged bribery of a tax official.
But Tjiptardjo remains optimistic the tax office can reach this year's target, because responsibility to draft tax rules will soon move to the fiscal policy office, allowing the tax office to concentrate on collection. The government is taking on firms such as palm oil giant Wilmar over alleged unpaid taxes.
Finance Minister Agus Martowardojo last month said the government aims to lift tax collection by Rp 100 trillion next year.
Investors have poured into the country's bond markets in the past year on hopes of an investment grade rating, but rating agencies are looking for the government to improve poor bureaucracy and rampant corruption.
Jakarta Regional administrations will have greater local tax potential following the implementation of a new law on regional tax and levies that would give them the authority to collect local taxes, a tax official says.
Law No. 28/2009 on Regional Tax and Levy mandated the transfer of tax collection from the central government to regional administrations, thereby strengthening local taxation power, Directorate General of Taxation tax appraisal sub-directorate head Pestamen Situmorang said Friday.
"With improved powers to tax, local administrations will have wider tax objectives," Pestamen told journalists at a taxation discussion at the taxation directorate general office.
The law stipulates that local administrations will be fully responsible for the collection of land and building acquisition levies (BPHTB) and the urban and rural land and building tax (PBB P2).
Currently the central government manages PBB P2 and BPHTB, while regional administrations help by collecting taxes and submitting tax receipts.
Regencies and municipalities receive 64.8 percent from PBB P2 revenues, provinces receive 16.2 percent and the central government is entitled to the remaining 10 percent. For BPHTB, sharing is 64 percent for regencies and municipalities, 16 percent for provinces and 20 percent for the central government.
With the new law, all revenues from both taxes will be given directly to regencies and municipalities.
Local administrations would have the authority to manage BPHTB receipts beginning Jan. 1, 2011, and PBB P2 after Jan. 1, 2014. However, local administrations may be able to manage PBB P2 before 2014 if they are able to regional bylaws before 2012, he said.
Revenues from both taxes had huge potential for regional finance, Pestamen said, adding that the shorter distance between tax officials and taxpayers would bring about more effective monitoring.
The central government would explore other avenues to supplement lost revenue following the tax transfer, Finance Minister Agus Martowardojo said.
According to the Taxation Directorate General, as of Sept. 30 there had been Rp 21.41 trillion of PBB P2 collected, or 84.54 percent of the Rp 25.32 trillion target. Regarding BPHTB, Rp 4.72 trillion had been collected, or 65.92 percent of a Rp 7.16 trillion target.
The law would allow regional administrations to set rates for the two taxes, but the law set a cap of 0.5 percent for PBB P2 and 5 percent for BPHTB, Pestamen said, adding that because they would be empowered with the appropriate authorization, local administrations could set rates even lower.
The law also set the non-taxable threshold for land acquisition values and buildings. The caps dictate Rp 60 million for ordinary transactions and Rp 300 million for grant and inheritance.
The government is targeting tax revenues worth Rp 839.5 trillion in 2011, a 12.9 percent increase from Rp 743.3 trillion in its revised 2010 budget.
According to Finance Ministry data, tax revenues reached a total of Rp 2,525.8 trillion between 2005-2009, showing a 15.6 percent annual increase, far higher than Rp 1,034.1 trillion achieved between 2000-2004. (ebf)
That religious conservatism, or more precisely Islamic conservatism, is creeping into our state affairs comes as no surprise.
But when the conservative agenda starts to hold sway over the judiciary, it's a wake-up call for those who are concerned about the future of our freedom and democracy. The Supreme Court's decision to convict former Playboy Indonesia editor Erwin Arnada for indecency shows that the religious conservatives have expanded their influence into the country's judiciary.
Most everyone agreed that the Indonesian version of Playboy looked nothing like its American parent edition. Other existing publications in the country show far more skin than the few editions Erwin published before he called it quits. The South Jakarta district court in April 2007 acquitted Erwin because it could not find anything indecent.
The Supreme Court however thought differently and ruled that Playboy Indonesia violated Article 282 of the Criminal Code pertaining to indecency. One could only assume that the court found the brand name Playboy indecent, and not so much its content. Erwin, who started his jail term Saturday, is in good hands as he is being represented by Todung Mulya Lubis, Indonesia's top free-speech lawyer. Lubis filed for a case review with the Supreme Court on Tuesday.
But as the fight is being fought in the courtroom, the liberal or progressive forces in the country should be mindful of the looming bigger battle being waged by conservatives on all fronts, in mosques, on the streets, in the political corridors, in the government and in the judiciary. The Supreme Court, for one, is now firmly under conservative control.
Religious conservatism is encroaching on individual freedoms, and as Erwin's case show, it is undermining freedom of the press. It is just short of taking the reins and imposing limits on free speech in the name of morality as it defines it. Erwin was declared guilty because of his association with a skin magazine, and not because of what he published. Where do you draw the line on free speech? More importantly, who gets to draw the line?
The increasing intolerance toward religious minorities is part of this creeping conservative agenda. Moving on from religious freedom, the conservatives are now targeting free speech. When free speech goes, so will democracy. Pretty soon Indonesia will be ruled by the mullahs, unless the nation wakes up and fights this out.
There is nothing more worrisome in a sovereign, rule-based state than the absence of legal certainty to ensure that laws and regulations are imposed and justice is upheld. Unfortunately that is what is currently happening in our beloved country.
Case in point is none other than the uncertainty that has emerged in the wake of the Supreme Court's ruling on a power abuse and blackmail case implicating two Corruption Eradication Commission (KPK) deputies, Bibit Samad Rianto and Chandra M. Hamzah.
The Attorney General's Office (AGO), which is responsible for taking further legal action after the Supreme Court rejected on Thursday its request for a review of Bibit and Chandra's corruption trial, has decided not to make any decision on the matter until the President has appointed a new attorney general. Practically, the AGO has been left without guidance, as the office's highest-ranking official, Darmono, has declined to make strategic decisions in his capacity as interim attorney general.
As a consequence of the Supreme Court's verdict, the case against Bibit and Chandra should proceed and be tried in court. While it is unlikely that President Susilo Bambang Yudhoyono will appoint a permanent attorney general soon, the trial against the two KPK deputies will continue unchallenged as the AGO will remain undecided on the matter.
The case against Bibit and Chandra has been controversial since its very beginning, when a pre-trial lawsuit was filed by bribery convict Anggodo Widjojo, who accused Bibit and Chandra of power abuse and blackmail in the investigation of his brother, fugitive graft suspect Anggoro Widjojo. Controversy grew unexpectedly when the President, via an eight-member team of advisers, issued in November a recommendation that the case against Bibit and Chandra be halted due to insufficient evidence.
In view of the presidential advisory team's recommendation and increasing public pressure to defend the embattled pair the AGO issued a prosecution cessation letter to several courts to terminate the trial. The decision later proved to be a mistake after lower courts overturned the letter twice and the Supreme Court eventually upheld the lower courts' rulings.
None of this "legal mess" would have happened if Yudhoyono had taken necessary measures to ensure the sustainability of the KPK immediately after its former chief, Antasari Azhar, was declared a suspect in (and later convicted of) the March 2009 murder of a businessman, and the "controversial investigation" of corruption allegations against Bibit and Chandra by the police. While the court found Antasari guilty, the police's investigation of the KPK deputies widely believed to be an effort to tame the anticorruption commission later proved that the allegations were false and had even ruined the President's image and his anticorruption commitment.
Now the case against Bibit and Chandra has become complicated. Whatever legal measures are taken in response to the Supreme Court's ruling will have further legal consequences and the President will be under great pressure to take immediate and proper action to clean up the mess. He can start by immediately appointing a permanent attorney general and by accelerating the election of a candidate to fill the also vacant post of KPK chief.
It is no wonder that the government is having to respond to criticism about its tardy response to the flashfloods that swept across Wasior area in West Papua.
The scale of destruction more than 144 people killed, more than 120 others missing, over 1,000 people injured and thousands left homeless is large enough to demand a swift response from the government in Jakarta.
Instead, it took six full days following the Oct. 4 devastating floods before representatives of the Cabinet, led by Coordinating Public Welfare Minister Agung Laksono, descended in the area to oversee the relief operation.
It was while visiting the location that Agung had to repeatedly deny the government was not quick enough in its reaction, pointing out the fact that the national agency for disaster management was already active on the ground since day one.
President Susilo Bambang Yudhoyono, having earlier planned to leave Sunday, has now postponed his trip until Wednesday. Here is a President who has struggled this past week against domestic and international opinions for his emotional decision to cancel his trip to the Netherlands on the pretext of some misplaced national pride.
The President would have won far more plaudits had he said he was staying behind to oversee the latest natural disaster to hit the country, just as he postponed his foreign trips in the past in the wake of similar natural calamities that struck Java or Sumatra.
The central government's slow response to the unfolding tragedy in Papua raises serious questions about Jakarta's attitude toward the tragedy that affected their countrymen in the far flung province to the east.
Such indifference is not exclusive to Yudhoyono. The entire Jakarta political elite, including the House of Representatives, the business community and the mainstream media, have been noticeably slow in showing their solidarity and in extending a helping hand.
Contrast this to how the government and the nation responded to earthquakes in Padang (West Sumatra), Yogyakarta and Cianjur in West Java in recent years, it is easy but dangerous to conclude that we are talking about two different countries.
Our fellow countrymen in Papua already have grievances about the way the central government is treating them. Now, they have another reason to complain about the discriminatory attitude of the Jakarta political elite.
Indonesia has invested resources, time and money abroad to ensure that countries around the world respect its territorial integrity, including in particular its sovereignty over Papua, where Jakarta is fighting a low- level armed separatist movement. But as the poor handling of the Wasior flood shows, the one thing that may push Papuans to press for their own independent state is really the attitude of the political elite in Jakarta.
The government needs to invest more time and resources in Papua rather than abroad. It is never too late to help the flood victims in Wasior. But bear in mind, Jakarta needs to change its attitude toward Papua too, now more than ever.
Muh Taufiqurrohman & Suharsana Aji With just a day remaining before Comr. Gen. Timur Pradopo's "fit and proper" test at the House of Representatives, all eyes are on lawmakers to see how they respond to the president's nomination for the post of National Police Chief.
Controversy has surrounded President Susilo Bambang Yudhoyono's decision to nominate only Timur for the position, but the House could put questions to rest by thoroughly examining Timur's integrity, competency and professionalism and rejecting him if any qualities are found lacking.
First, the House needs to ensure that Timur both is outside the ring of corrupt, high-ranking police officers and is fully committed to tackling corruption within the National Police. Indonesia needs a police chief who is able to fight graft in all law enforcement agencies and bring the "legal mafia" to justice.
In doing their background check, Commission III lawmakers must use all available information from the Corruption Eradication Commission (KPK), Financial Transaction Reports Analysis Center (PPATK) and advocacy groups like Indonesian Corruption Watch.
If Timur shows the slightest tendency toward graft, he should automatically be disqualified regardless of the president's backing.
Next, it is important for the candidate to have passion and determination to tackle radicalism and violence. Failure in this regard would constitute a betrayal of the vow to protect police officers and society from terrorism.
Unfortunately, Timur is known to have links to the hard-line Islamic Defenders Front (FPI). Salim Umar Alattas, head of the group's Jakarta chapter, said in a Tempo newspaper report that Timur was close to the FPI due to his Islamic devotion.
The House should be wary of approving candidates linked to such groups, since they might be impartial when addressing radicalism and violence.
It is also a must that any chief be able to reform the National Police and instill respect for human rights among its officers. Timur's record in this regard, however, is tainted.
The Commission for Missing Persons and Victims of Violence (Kontras) holds him responsible for the Trisakti student shooting in 1998 and the Semanggi II shooting in 1999.
Next, it is important for a police chief to have workable plans to crack the illegal arms trade. Recent cases of bank robberies and the murder of police officers in North Sumatra and Jakarta illustrate how illicit weapons trading is a serious security issue.
Finally, the next National Police chief needs to be able to work well with the Indonesian Armed Forces (TNI) and other law enforcement agencies, such as the KPK, the National Narcotics Agency (BNN) and the National Anti- Terrorism Agency (BNPT).
Most security issues are complex and require inter-agency cooperation. A failure to cooperate with these agencies could well lead to turf wars and the kind of "gecko versus crocodile" fight we saw between the KPK and the police.
If the House finds that Timur fails to meet any of these requirements, it needs to reject him without hesitation for the sake of the Indonesian people and nation.
They must not be pressured into giving his appointment the thumb's up in order to keep the president happy. Indeed, rejecting Timur's nomination could signal a stronger and more mature democracy, one that makes use of its checks and balances.
In any event, the president would still have time to nominate a better candidate if Timur comes up short. Yudhoyono needs to base his nomination on professionalism not politics and it is up to the House to ensure this.
If Timur is rejected in the end, Goris Mere, head of BNN, may be a good alternative. He has proven to be tough, committed and ruthless in fighting radicalism. He is also free from any ties to fundamentalist groups and political parties, making him well-suited to fight corruption within the National Police and attached agencies.
Goris's recent clash with the Air Force over the use of one of their facilities during a terrorist raid in Sumatra might suggest that he has to work on his diplomatic skills. However, his reaction may be excused, given the sensitivity and urgency of the situation.
But the House might also face some criticism if it chooses to back a candidate like Goris, since he is Catholic and is considered by many critics as "too friendly" with Western governments.
Nevertheless, lawmakers must be willing to take such criticism in stride if they want to have a truly competent National Police chief who can resolve the institution's problems and help the nation move forward.
[Muh Taufiqurrohman is a researcher at the Indonesian Institute for Strategic Studies. Suharsana Aji is a postgraduate student at Parahyangan Catholic University (UNPAR).]
Jakartans had high hopes when they picked Fauzi Bowo to be the city's governor three years ago. They were not just wooed by Fauzi's claim to be "the expert on Jakarta", a key plank of his campaign, but were convinced by his work as a city bureaucrat for nearly three decades.
Now many Jakartans are deeply disappointed. They have realized their city has not been getting better, and might be getting worse, under the leadership of "its expert". The governor has even considered not addressing the major problems he promised to resolve during the campaign, such as traffic chaos, a clean water supply, housing and the city's perennial flooding.
Fauzi and Prijanto, both supported by major political parties, were the first pair directly elected as the city's governor and vice governor and were inaugurated on Oct. 7, 2007.
Fauzi's program to address transportation problems attracted voters who were frustrated by the city's daily traffic chaos. Everyone knows that poor condition of the city's transportation system has long been the main source of other major problems, such as popular frustration, inefficiency and air pollution.
Unfortunately, Fauzi, failed to fulfill his promises, although he had opportunity to do so. Traffic congestion is even worse today due to the stagnation of several public transportation projects, including the Tranjakarta busway.
Jakarta now has 10 busway corridors, which have the potential to improve public transportation and reduce the commuter dependency on private vehicles. Unfortunately, Fauzi failed to optimize infrastructure. He failed deploy adequate buses on the corridors, which led to more crowding on city streets after travelers chose to use private vehicles instead of Transjakarta.
Meanwhile, the city also still faces a serious problem in supplying clean water to residents. So far, water operators can supply only 50 percent of the city's water needs. The administration also failed to renovate the existing pipe water network that has caused poor water quality. Last but not least is the administration's failure to find alternative water resources.
The city's dependency on Jatiluhur dam in West Java leads to water shortages every dry season. The shortage of clean water from tap water operators causes residents and businesses problems and also encourages overexploitation of underground water supplies, which in turn causes environmental problems, such as land subsidence and sea water intrusion. Experts linked the recent road collapse in North Jakarta to this environmental problem.
To be fair, there have been achievements under Fauzi's leadership. Jakarta administration has acquired a large section of land for the East Flood Canal (BKT) project that would make it possible to extend the canal to the sea. This canal may be able to ease flooding in eastern Jakarta. The governor also managed to re-purpose previously occupied by commercial entities, such as gasoline stations, as green areas. Fauzi is also reportedly trying to reform the city's bureaucracy to improve public services.
Surely, there is still much to do for Governor Fauzi and his staff. We all know that Jakarta's complex problems cannot be solved by business as usual. Breakthroughs are needed. The governor only has two years to prove his expertise and fix the city's problems or voters will have to find an alternative.