Nivell Rayda – Human rights advocates had reason to rejoice this year as the much contested 1963 Law on Securing Printed Materials was annulled in October.

The Constitutional Court ruled that the authority to ban books considered "disrupting public order," which had been held by the Attorney General's Office, lies in the hands of the judiciary with formal appeal mechanisms.

Other than that, though, the year was marked by a continued wait for old human rights cases to be resolved and the emergence of shocking new ones.

Unresolved cases

In 2009, the House of Representatives (DPR) pushed the government to form a fact-finding team that would look into the kidnapping and murder of at least 24 activists during the 1998 student movement that toppled the Suharto regime.

But throughout 2010, despite weekly rallies by families of the victims in front of the presidential palace, no action was taken.

It was no surprise, then, that activists and victims' families were outraged when President Susilo Bambang Yudhoyono picked Gen. Timur Pradopo to head the National Police in October.

Timur was chief of the West Jakarta precinct during the May 1998 shooting of student activists at Trisakti University. He was also the Central Jakarta precinct's chief when two other shootings of student activists in the Semanggi area happened later the same year.

The National Commission for Human Rights (Komnas HAM) had identified Timur as one of those responsible for the death of the students in 1998. Despite this, the House unanimously backed Timur's nomination to the top police post.

Worrisome developments

Shortly before Timur was appointed, the police issued a regulation allowing officers to use live ammunition to control anarchic situations and riots. Although the regulation says officers are only allowed to shoot to immobilize and not to kill, activists are concerned over the potential for abuse.

The regulation was seen as a response to a bloody brawl between rival gangs in front of a court building in South Jakarta in which three people were killed and dozens injured.

But activists are more concerned over a possible repeat of an incident in September, where police in Buol, Central Sulawesi, fired shots into a crowd of protesters, killing five people and wounding 23.

A few weeks later police killed four people in Wamena, Papua, after several civilians refused to have their bags checked by airport security personnel.

Police said they were attacked in both cases. Several officers involved in the Buol incident later received mild sanctions. No investigation was conducted for the shootings in Wamena.

Problematic provinces

The police force is not the only institution criticized by human rights watchdogs. In October, a 10-minute video circulated on the Internet showing soldiers interrogating and torturing two civilians in Puncak Jaya, Papua.

In the video, which received international condemnation, the soldiers were seen burning the genitals of one of the civilians with a smoldering stick while the other was threatened with a knife.

Yudhoyono quickly ordered a probe and the military later court-martialed four officers, the highest in rank being a lieutenant.

But activists and the media soon realized that the tribunal was for an unrelated case of torture, also caught on tape, at which soldiers were seen hitting civilians with helmets at a military checkpoint in Papua.

In Maluku in August, 18 activists from the South Maluku Republic (RMS) were arrested after trying to unfurl the banned Benang Radja flag in front of Yudhoyono during the Sail Banda festival.

The activists' lawyer Semuel Wailaruny said police exerted violence during interrogations. "They were blindfolded with duct tapes, they were beaten, their heads were slammed and they were kicked in the stomach."

One of the RMS activists, Yonias Siahaya, was left paralyzed from the waist down from the alleged torture, the lawyer said. But police said the injuries were sustained while the men were resisting arrest.

The incident led RMS activists in the Netherlands to file a motion at a Dutch court demanding Yudhoyono's arrest during a state visit to the country. The court later rejected the motion, but not before Yudhoyono cancelled his planned visit to the Netherlands.

Finding a solution

"The only way for human rights violations to stop is for the government to enact an amendment to the military tribunal law," said Poengky Indarti, executive director of the human rights group Imparsial.

The proposed amendment stipulates that all soldiers involved in criminal acts would be tried in civilian courts, while military tribunals would be reserved for acts of insubordination or administrative violations.

But Indria Fernida, deputy chairwoman of Kontras, said the abuses would only stop once the ban on the Morning Star and Benang Raja flags used by separatist groups in Papua and Maluku is repealed.

"The ban has been abused by the military to justify the killing and torture of civilians," she said.

"It also inhibits freedom of expression because both flags have significant cultural meaning for the locals. The government must address the core problem and seek political means to resolve the turmoil, and not see everything as a security issue and stigmatize Papuans as separatists."

2010 Review: A step backward for freedom of the press

Jakarta Globe - December 30, 2010

Ismira Lutfia – Despite praise from other countries for progress made in democratization, the press in Indonesia ended 2010 on a somber note.

With a rising number of suspicious deaths and acts of violence against journalists, the Alliance of Independent Journalists (AJI), the Legal Aid Center for the Press (LBH Pers) and the Press Council said in their year- end notes that 2010 was not a good year for freedom of the press in Indonesia.

French-based Reporters Without Borders already sounded the alarm in October when it issued its annual World Press Freedom Index. The survey showed that Indonesia had dropped to 117th position among 178 countries surveyed, down from 100 out of 175 in last year's index.

AJI said in its year-end review that the number of incidents of violence against journalists this year rose to 46 from 37 cases in 2009, while LBH Pers mentioned 37 such cases occurring from January to December. The Press Council counted just 25 cases.

They ranged from murder to non-fatal physical attacks, office ransacking, confiscation of journalists' working tools, intimidation and threats.

In May, Ahmadi, a reporter for the Harian Aceh newspaper, was allegedly assaulted by a former intelligence officer from the Simeuleu District Military Command.

Ahmadi had previously reported allegations that military personnel were complicit in illegal logging in the area. The officer in question is now being tried at a military tribunal and faces charges that carry a maximum of five years in prison.

The most notable case of a journalist killed in the line of duty this year was that of Ridwan Salamun, a contributor for Jakarta-based Sun TV. He was killed while covering a clash between residents of Fiditan village in Tual, Southeast Maluku. He has been declared a suspect in the clash despite being deceased.

Another case is that of Muhammad Syaifullah, who was found dead at his home in Balikpapan, East Kalimantan, where he served as the bureau chief for national daily Kompas. His reports focused mainly on environmental issues and deforestation in the province.

The incidents show that the protection of journalists still leaves much to be desired in Indonesia, activists said. "As a democratic and law-abiding administration, the government should pay serious attention to the increasing amount of criminal acts targeting the press," Press Council member Agus Sudibyo said.

He added that based on the council's experience in handling such cases, the government's noncommittal stance in handling cases of violence against the media can be a sign for third parties that they can continue their violent behavior.

AJI noted that the government's negligence in not seeking the alleged perpetrators of attacks on journalists has resulted in ever more attacks.

The organization argued that in the absence of any punitive measures, no deterrent effect is created. At the same time, there is no public awareness campaign to prevent violence against journalists, AJI said.

LBH Pers called on the country's law enforcers to deal with journalist- related cases based on the 1999 Press Law, instead of ordinary rules and regulations – considering the special status of journalists.

"We also call on parties who object to a certain news report to file a complaint with the Press Council or any other journalist association or exercise their right to reply in settling the case," LBH Pers chairman Hendrayana said.

However, AJI also blamed media organizations for the lack of protection offered to journalists. Training on reporting in conflict or disaster zones is insufficient while safety or evacuation protocols for those covering risky beats are practically nonexistent, AJI said.

The Press Council noted that some attacks on journalists were a response to journalists' failure to be professional or comply with the code of ethics.

"Journalists need to have a better comprehension of the code of ethics, a sense of responsibility and professional discipline instilled through trainings," Agus said. "We are working on a code of conduct for journalists reporting from disaster areas," he added.

Bambang Harymurti, the Press Council's deputy chairman, added that the press must make sure that more caution is taken when reporting from disaster areas – partly to prevent journalists from adding to the burden there.

2010 Review: Wave of religious intolerance intensifies

Jakarta Globe - December 30, 2010

Dewi Kurniawati – If one trend that emerged in the past year was considered more disturbing than others, it would be the apparent increase in fundamentalism and religious intolerance in a country that prides itself on being a bastion of pluralism.

It is hard to ignore. The increasing trend is evidenced by a constant stream of news reports of attacks against minority religious groups, as well as reports and surveys from various organizations.

The Setara Institute for Peace and Democracy recorded 28 attacks and violations of Christians' right to worship in the first seven months of the year alone, up from 18 in all of 2009 and 17 in 2008.

In a separate report, the Wahid Institute said it had recorded 196 cases of violence based on intolerance and religious discrimination in 2010, an increase of almost 50 percent from a year earlier. The Moderate Muslim Society, on the other hand, says Indonesia saw at least 81 cases of interreligious conflict in 2010 – an increase of more than 30 percent from 2009.

"What we see today is an excess stemming from the repressive approach to religion during the Suharto era," said Siti Musdah Mulia, a progressive Islamic scholar from the Indonesian Conference on Religion and Peace.

"Back then, when there was no freedom of speech, religious councils were established to coordinate all religious affairs."

"Now that we have democracy, everyone wants to express his or her opinion. Unfortunately, many violated Pancasila and our constitution, and the government just turned a blind eye on it," she added. "The government should forcefully implement the law against those groups. What we see lately is a process of human rights violations by omission."

Blatant attacks

It is not just the number of attacks and conflicts that are worrisome. It is also how emboldened the attackers seem to have become.

Members of the Ahmadiyah sect, for example, have been persecuted in the country for many years. Beginning in June, though, attacks against the group began occurring one after the other, the next one seemingly worse than the last.

In the capital, an Ahmadiyah mosque was firebombed. Then, in Bogor, a mob destroyed a mosque and several homes belonging to sect members. An Ahmadiyah community in West Nusa Tenggara was also attacked in November and forced to leave its village.

The same trend was seen in conflicts involving Christians in the Greater Jakarta area. The shutdown of churches due to lack of necessary permits preceded violent attacks.

In September, Asia Sihombing and Rev. Luspida Simandjuntak, leaders of the Batak Christian Congregation (HKBP) in Bekasi, were stabbed and assaulted. Asia was stabbed and Luspida was be aten with a stick.

Thirteen defendants – including Murhali Barda, the suspended leader of the Islamic Defenders Front's (FPI) Bekasi chapter – were indicted in court on Wednesday for a variety of charges, but the root of the problem remains.

Setara researcher Ismail Hasani had said earlier that the suburban regions of Jakarta – primarily Bekasi and Bogor, and even Depok and Tangerang – were seeing a radicalization phenomenon.

In June, a new group calling itself the Bekasi Islamic Presidium even announced plans for a road show aimed at persuading every mosque in the city to prepare for the possibility of "war" against "Christianization."

Government role

Equally – if not more – frustratingly for pluramism and rights advocates is the government's response to the problem.

While President Susilo Bambang Yudhoyono has made a number of calls for pluralism to be upheld, those demands have failed to translate into action on the part of the government.

Religious Affairs Minister Suryadharma Ali, for instance, has repeatedly called for Ahmadiyah to disband, and he has shown support for the 1965 Law on Blasphemy that observers say has legitimized acts of violence against minority sects and groups. The lack of change is also seen among law enforcement officers.

"A police officer once asked why I defended Ahmadiyah because he thinks Ahmadiyah is deviant. I told him that the police should protect them despite what they believe," Siti said, pointing out that law enforcers should be neutral.

"It shows the lack of civic education in the recruitment process," she added.

Suryadharma also supports the 2006 Joint Ministerial Decree on Houses of Worship, which requires the consent of the surrounding community for building churches, temples and mosques.

This has often been cited as the cause of the ongoing problem. In a majority Muslim country, a number of Christian congregations have encountered difficulty in getting consent from locals to build churches, forcing them to use houses or even vacant lots as venues for worship, which local governments say is illegal.

"Indonesians have witnessed an enormous process of mismanagement carried out by the government," said Siti Zuhro, a political analyst from the Indonesian Institute of Sciences (LIPI).

During the iron-fisted rule of former President Suharto, he said, there was no tolerance shown for religious frictions, and any statements that had the potential to stir up social, religious and racial tensions were limited.

"Our democracy failed to create leaders that manage to protect all citizens. We only have rulers," he said.

Rising extremism

"I remember when President Yudhoyono held a state dinner during Obama's visit. He repeatedly mentioned the country's unity in diversity and pluralism," said Siti Musdah, the chairwoman of the Indonesian Conference on Religion and Peace.

"Yudhoyono should be ashamed of himself with all these problems in the country."

Adding insult to injury, the Indonesian Council of Ulema (MUI) said earlier this month that the proliferation of Santas, reindeer and twinkly lights in malls and public places had gone too far for the nation's Muslim majority, claiming the decor had sparked complaints about Christmas overload.

"We have a serious problem with the powerless leadership that has no vision on how to keep this country united," said Father Benny Susetyo of the Indonesian Bishops Conference. "The state is absent in all of this chaos."

Benny is worried that if the ongoing religious intolerance continues, Indonesia will become like Pakistan, where violence becomes part of daily life. "We may be shattered like the Soviet Union," he said.

Another problem Benny highlighted was the moderate voices who have become a silent majority in the whole process.

"Moderate Indonesians should raise their voice and demand serious law enforcement by the state apparatus to crack down on these small, hard-line groups," he said.

A survey released in September by the Center for the Study of Islam and Society found that among 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 rate the study center has recorded since 2001. More than a quarter, 27.6 percent, said they minded if non-Muslims taught their children, up from 21.4 percent in 2008.

"Our education system has failed to instill the mentality to respect others whose views are different from ours. Even some elementary schools teach that people who think or live differently are enemies," Siti said, demanding the government begin serious intervention on the issue. "Education is our only chance for the future."

2010 Review: Terror networks suffer a year of setbacks

Jakarta Globe - December 30, 2010

Dewi Kurniawati – If terrorists had gotten their way, it seems 2010 would have been marked by a major attack targeted at no less than President Susilo Bambang Yudhoyono himself during Independence Day celebrations.

Instead, the past 12 months have seen the systematic breakdown of a new threat that emerged in western Indonesia and the arrest or killing of a number of key terror suspects.

Outlining the National Police's achievements, recently appointed police chief Gen. Timur Pradopo said on Wednesday that 55 terror suspects have been killed over the past decade and 583 arrested. Of those arrested, 388 have been sentenced to prison, 56 are currently on trial and 37 released due to lack of evidence.

Key targets

A highlight of the police's antiterror campaign was the raid in Pamulang in March, which led to the death of the country's most wanted terrorist: Dulmatin.

Allegedly the mastermind behind one of the country's worst terrorism attacks, the 2002 Bali bombings, Dulmatin was believed to have fled to the southern Philippines where the master bomb-maker helped train Muslim rebels. But police discovered his presence in Indonesia during a February raid on a militant training camp in the mountains of Aceh.

Police trailed him on trips between Aceh and Jakarta, and on March 9 shot him dead in a raid on the outskirts of the capital.

Four months later in June, police arrested Abdullah Sunata, whom they believed was the other leader of the Aceh group alongside Dulmatin, during a series of police raids in Central Java.

A total of 51 members of the Aceh group have since been charged, and are either facing trial or have already been sentenced. They were charged in three separate cases related to the group's activities, including clandestine paramilitary training and public acts of terrorism.

Another highlight was the arrest of Abu Bakar Bashir, who was arrested during an ambush by the Densus 88 antiterror unit in West Java on Aug. 9.

In his third arrest over the past decade, the firebrand cleric is this time accused of being the figurehead behind the Aceh group, which police say was a budding Al Qaeda-style terrorist network that was plotting to kill Westerners, including US aid workers, businesspeople and tourists.

Densus 88 also arrested Mustofa, alias Abu Tholut, inside his house in Kudus, Central Java, on Dec. 10.

Tholut, also believed to have been involved in the organization of the Aceh camp, is alleged to be the leader of the armed robbery of a CIMB Bank branch in Medan in August that left one officer dead and two security guards injured. He is also suspected of leading other violent robberies in the same city and surrounding areas between April and August. Weakening, evolving enemy

Sidney Jones, the renowned terrorism expert from the Brussels-based International Crisis Group, says the terror networks operating in Indonesia – especially the Al-Qaeda-linked Jemaah Islamiyah – have steadily weakened.

To illustrate, between December 2006 and December 2010, 29 people were killed as a result of terrorist attacks, including nine in the July 2009 hotel bombings in Jakarta and 10 policemen over the past year.

"That's a very small number compared to the Philippines or southern Thailand, let alone a place like Pakistan," Sidney told the Jakarta Globe.

Police, by contrast, have killed 26 suspected terrorists since February 2010 alone. "The police have generally done a good job, although the number of suspects killed rather than captured alive is too high," Sidney said.

She added that police should embrace non-lethal options for capturing suspects, a different incentive structure that gives greater rewards to taking suspects alive and reviews after operations that involve deaths to see what could have been done differently.

"The high death toll among police this year, though, suggests that the attitude of 'kill or be killed' is widespread," she said.

Based on Sidney's analysis, although members of the JI worked with slain terrorist mastermind Noordin M. Top and a few took part in the Aceh training camp, the organization has moved away from violence and is instead focusing on dakwah [campaign through teaching] and education.

"Recruitment is probably still taking place but probably not on as wide a scale as before – because the arguments for recruitment have weakened. No Ambon, no Poso and no Bush," Sidney said, referring to two sites of interreligious clashes and former US President George W. Bush.

However, she pointed out that several students of Azhari Hudin, a former operations chief for Noordin, are still fugitives, including Upik Lawangga and Reno, alias Tedi, who escaped when Azhari was shot in 2005.

"So we still have a handful of expert bomb-makers at large, and even if they are caught, it's not too difficult to learn how to make a bomb from materials available on the Internet," she said.

Targeting the root cause

Despite the successes, Brig. Gen. Tito Karnavian, former Densus 88 chief who is now working with the newly established National Anti-Terrorism Agency (BNPT), said counterterrorism efforts in Indonesia still faced a huge challenge as the root causes failed to be addressed.

"You see this in the whole process; there are members of terror organizations who keep coming back," he said. "The front is just changing, from Jemaah Islamiyah to Jamaah Ansharut Tauhid. Recruitment is ongoing. Something is missing in our counterterrorism effort."

The missing link, according to Tito, is the forgotten process of tackling radical ideology, which he says is the center of gravity for terrorism in Indonesia.

"Radical ideology is the root cause of the problem of terrorism in Indonesia, and the police alone can't handle that."

Deradicalization, an effort to convince terrorists to renounce violence, is now the core program of the BNPT. The agency, which was established in July and answers only to the president, is charged with preventing terrorism, protecting civilians, deradicalizing terrorists and building national preparedness. The agency is headed by retired Maj. Gen. Ansyaad Mbai, the former head of the antiterror desk at the Coordinating Ministry for Political, Legal and Security Affairs.

Although BNPT is seen by many as a comprehensive breakthrough in the fight against terrorism, skepticism remains. "I think BNPT is a decade too late," intelligence analyst Dynno Cresbon said.

According to Dynno, the comprehensive programs pushed by BNPT should have been established years ago, considering the speedy radicalization programs of terrorist networks. "Deradicalization has to race with radicalization now, and it's not easy," he said.

Involving the military

With the enemy changing, efforts to thwart them are evolving as well.

This year saw Muslim militants wearing black masks storm a tiny police precinct on the outskirts of Medan, North Sumatra, and open fire, killing three officers. It seems that terrorists, better known for targeting Western nightclubs and hotels, are now striking at state institutions. And for the first time in more than a decade, the army may be wading into the fight.

BNPT chief Ansyaad said his agency would not shy away from requesting support from the Indonesian Armed Forces (TNI).

"There has been a strong push to give the TNI a role in counterterror efforts," Sidney said. "This was particularly evident after the apparent car bomb plot against President Yudhoyono that was uncovered at the time of the July 2009 hotel bombings."

She explained that in the government's view, terrorism had changed from being an extraordinary crime primarily directed against foreigners to being a state security issue, with senior Indonesian officials' lives at stake.

According to Sidney, this sense was strengthened after the deaths of so many police officers this year at the hands of terrorists, and some TNI officers have strongly argued that they have a powerful but unused capacity for fighting terrorism and supplying intelligence.

But even with the combined forces of numerous state apparatuses, there is still the matter of recidivism, seen in the case of Abu Tholut in particular.

In 2004 he was convicted for possession of explosives but only served three years of his seven-year prison sentence. He was released for good behavior in 2007.

Dynno said the solution was to deny convicted terrorists remissions and to keep them isolated from "regular" prisoners.

Both Dynno and Sidney acknowledged the herculean task that lay ahead. The focus, Sidney said, couldn't just be on deradicalization or involving the military, but rather a combined effort melding both intelligence gathering with a preventative strategy that included deradicalization.

2010 Review: Takeovers highlight hectic year in retail

Jakarta Globe - December 30, 2010

Shirley Christie – From the $770 million takeover of Indonesia's largest home-grown department store to the $300 million local tycoon Chairul Tanjung paid for a 40 percent stake in Carrefour Indonesia, 2010 has been quite a year for the country's retail sector.

By the looks of it, the new year will see this trend continue. There is a bidding war underway for control of Matahari Prima Putra, the country's second-largest hypermarket operator, by four international retail giants. The price being bandied about is an estimated $1 billion.

"When a business is profitable, I do not see why it should not be put up for sale," Tutum Rahanta, chairman of the Indonesian Retail Merchants Association (Aprindo), told the Jakarta Globe.

Another emerging retail player is Lotte Shopping of South Korea, which in 2008 acquired 75 percent of Makro Indonesia for $223 million. The company changed its name to Lotte Wholesale in May and opened two megastores in Gandaria City and Ratu Plaza in Jakarta.

Lotte is one of the bidders for Matahari Putra Prima. If it is successful, it could emerge as the largest retail player in the country in 2011.

Matahari Putra Prima, founded in 1958, operates 92 department stores in more than 50 cities across Indonesia. It also has 51 hypermarkets, 25 supermarkets, 53 drug stores, 90 family entertainment centers and 18 bookstores. It plans to open at least 13 hypermarkets next year and 80 outlets in the next five years.

A rising middle class, a booming stock market and political stability have provided a platform for the economy to expand and the retail sector to ride the wave. A recent survey conducted by Nielsen Indonesia predicted the middle-class market will double within the next five years.

Yongky Susilo, director of retail services of Nielsen Indonesia, said recently that Indonesia achieved a milestone when it hit a per capita income of $3,000 this year. "There is an increase of consumption, especially in secondary needs," Yongky said.

Since private consumption accounts for around two-thirds of Indonesia's $550 billion economy, local and multinational retailers are trying to capitalize on increasing consumer demand in this brisk market of 240 billion, mostly young people.

Also in May, Para Group owner Chairul Tanjung added to his long list of businesses by acquiring 40 percent of Carrefour Indonesia. The acquisition apparently whetted his appetite for the retail sector as he now plans to launch 10,000 minimarkets across the country under the banner Trans Mart.

Not to be outdone, the Modern Group went big with its 7-Eleven convenience stores this year as it seeks to rebuild its retail presence in the country. The group plans to convert its Fuji Film stores into 7-Eleven stores to keep pace with changing consumer tastes.

While convenience stores have had a presence in Indonesia for years, 7- Eleven has transformed this segment of the retail sector by providing a space for customers to sit and chat inside the store, offering hot food and other services such as photo booths, ATMs and delivery service through a partnership with DHL Express.

By the end of 2010, Modern Putra Indonesia had managed to open 16 7-Eleven stores across Jakarta. Henri Honoris, president director of Modern Putra Indonesia, told the Jakarta Globe that the company plans to keep expanding during 2011, at least in Greater Jakarta.

As the retail race intensifies, the main battles are likely to be waged in the mini-market segment, Tutum said.

"Mini-markets grew between 15 to 20 percent this year, and the growth pace is following the growth of the Indonesian population," he said, adding that supermarket growth was slower than mini-markets in 2010.

A Nielsen regional retail report said the fastest-growing area in Indonesia was mini-markets, led by local giants Indomaret and Alfamart. Store numbers increased from more than 2,000 to more than 11,500 within 10 years.

"It is now difficult in many cities to stand on a corner and not see at least two of these stores," the report said.

Tutum said since the experience and price point in traditional trade and mini-markets are about the same, people would choose the nearest mini- market to buy their groceries.

Satria Hamid Ahmadi, public affairs senior manager of Carrefour Indonesia and deputy chairman of the Indonesian Chamber of Commerce and Industry, expects the sector to grow between 13 percent and 15 percent in 2011.

"This growth is driven by daily consumption," he said, adding that the retail industry is the second-largest employer after agriculture.

2010 Review: TV, radio still dominate, but online media growing stronger

Jakarta Globe - December 30, 2010

Jacqueline Wales – Increased advertising expenditure and the rise of digital media offers a sound reflection of Indonesia's strong economic performance, new research suggests.

Advertising expenditure across all media is expected to reach more than Rp 37 trillion ($4.1 billion), an increase of 9 percent from 2009, according to the latest GroupM media and marketing global report. The London-based media investment agency ranks Indonesia 10th on the global ad-spending contributor scale.

It also predicts the country will rise four spots to sixth place by the end of 2011, sitting behind India, Brazil, Japan, China and the United States.

"Indonesia is certainly one of the hottest markets, especially in Asia," GroupM Jakarta office representative Ranjana Singh said. "Growth here is all driven by the economic environment and predominately driven by consumption. Higher confidence means higher advertising."

Telecommunication companies are the leading source of ad spending in Indonesia at Rp 4.1 trillion, according to the latest quarterly survey by The Nielsen Company. In 2005, the two leading categories, cigarettes and hair products, spent Rp 2.3 trillion on advertising combined.

Traditional platforms such as television and radio continue to hold the largest audience share and attract the highest percentage of advertisements. Increased consumption of online media, however, has lured advertisers toward the Internet.

Newspaper penetration decreased 11 percent between 2005 and 2010 while Internet usership doubled, surpassing magazines, tabloids, newspapers and cinema to become the third-most consumed media format in Indonesia. Internet penetration at a national level is still low, though, with 80 percent of broadband users connecting using smart phones.

Investments that began this year in next-generation 4G broadband technology are expected to substantially increase penetration across the country. Conventional media, in order to keep their target audience, are now investing in online news portals and are developing online services accessible across numerous platforms, senior manager for corporate marketing and communication at Nielsen, Maika Randini, said.

"People may still be reading the same newspaper, but they are reading them online," Maika said. "Everyone wants more information, they want faster news and more details and online can deliver that."

Erick Thohir, owner of Mahaka Group, managing director at tvOne and also director of Republika online, is positive about future growth prospects for the media industry, noting how freedom of the press and spending power have contributed to the industry's growth.

"Television is still No. 1... and people are willing to spend $30 a month on pay TV or the Internet for premium content. Penetration is still low with room for growth," he said, adding that successfully integrated companies will increasingly become focused on content production. "Companies can then share content that is similar but with a different angle and save money."

2010 Review: Indonesia's rules complicate oil and gas business

Jakarta Globe - December 28, 2010

Ririn Radiawati Kusuma – Domestic and foreign oil companies operating in Indonesia may not make huge changes in their investment next year as they are hampered by government regulations, executives claim.

Oil production next year is forecast to reach 955,000 barrels per day, lower than the government's target of 965,000 bpd in 2010. Total investment in the oil and gas industry had been estimated to increase by 58 percent to $18.9 billion from $11.95 billion this year.

However, Chevron Pacific Indonesia president director Abdul Hamid Batubara said companies may not strengthen their upstream activities in Indonesia if the rules governing the industry remain uncertain.

"Consistency in production-sharing contact rules is needed. Otherwise, the oil and gas investment in Indonesia will not be very attractive," he said.

Other problems he pointed to included confusion over land acquisition and environmental regulations Abdul said drilling new wells would involve acquiring land from the local people, but "land prices are becoming more expensive from year to year."

He said local governments must support oil companies in their attempts to acquire land. "We have our own standard. There are no local government rules that support us," he said.

Abdul told the Jakarta Globe in early December that oil production would remain stagnant at 380,000 bpd, or approximately 45 percent of the country's production, as the company planned to stay focused on its current projects.

A gas pipeline transferring fuel to CPI in Duri, Riau province, sprang a leak in November that led to a five-day shutdown and cost the company 500,000 barrels of oil.

Sammy Hamzah, president director of national energy company Ephindo, echoed Abdul's concerns over regulations. He said his company was having problems securing permission from the Environment Ministry to begin new exploration.

"My company had plans to open eight new wells this year, but there are only three wells that we have opened," he said, adding that the ministry had yet to sign off on the other five wells. "It takes a long time to get permssion, so we have pending wells to build next year."

Pri Agung Rakhmanto, an energy analyst with the Reforminer Institute, said 2011 would not see any significant progress in oil production because the government has not made sufficient plans to open enough new oil fields.

"The investment in exploring oil and gas fields is very minimal. The other obligations that burden exploration activities such as tax and cost recovery remain unsettled," he said.

The government has announced plans to revise some regulations. The House of Representatives (DPR) is scheduled to review the Law on Oil and Gas next year. However, Pri said that was not enough. "It will only affect the new fields, and it will have an impact over the coming years," he said.

The government also plans to debate a bill that is expected to resolve the outstanding issues over land acquisition. It has submitted the bill, and Coordinating Minister for the Economy Hatta Rajasa said earlier this month that he expects the House to approve it in early 2011.

Other issues on the table for the House to discuss include the principle of cabotage. The measure has been raised previously as a hinderance to the country's economic growth as it requires all maritime vessels operating in Indonesian waters to register as Indonesian flag vessels.

It also requires oil and gas rigs to be registered in Indonesia as the law considers them to be foreign shipyards, adding regulatory burdens to operators. That has discouraged companies from deep-sea exploration for new sources of oil, Pri said.

"I hope it will be finished by 2011 so it won't hamper offshore investment," he said.

The Energy Ministry has said it expects the cabotage principle law to be revised in 2011.

Indonesia's second-largest oil producer, state-owned oil and gas company Pertamina, has said it is planning to be more aggressive in its exploration as it pursues its production target of 1 million bpd by 2015.

Pertamina currently produces 192,000 bpd of crude oil. It expects to increase its output by 5.26 percent to 208,000 bpd in 2011.

The company's expansion efforts this year included acquiring Inpex Jawa in early October, a move that also saw it secure stakes in the Offshore North West Java and Offshore South East Sumatra oil blocks.

It also plans to begin reactivating 5,244 wells in mid-January, which the company estimated would add an extra 22,888 bpd to its production.

Bowing to pressure from lawmakers, Pertamina dropped its plans to acquire a stake in Medco Energi earlier this month. However, president director Karen Agustiawan said the setback would only make it more aggressive next year.

"We will put forth more effort in 2011 as a payback for the 2010 failure," she said at a meeting with upstream oil and gas regulator BPMigas in December.

2010 Review: Challenges for Indonesia's new graft busters

Jakarta Globe - December 27, 2010

Nivell Rayda – The last year saw the appointment of three new law enforcement czars, each facing the daunting task of restoring the credibility of their respective agencies and winning back public trust.

Busyro Muqoddas

Many people lauded Busyro's appointment to lead the much-vaunted Corruption Eradication Commission (KPK) this year.

Busyro built a reputation as a graft buster during his time as chairman of the Judicial Commission, and his modest personal fortune suggests he is as clean as they come.

The jubilation, however, was cut short after the House of Representatives announced that Busyro would only serve a one-year term, acting as a mere replacement for disgraced former KPK chief Antasari Azhar, who is serving a lengthy prison sentence for murder.

Critics contend that one year is far too short for Busyro to boost morale within the KPK, which plummeted following Antasari's arrest and the protracted legal limbo in which two of the agency's deputies, Bibit Samad Rianto and Chandra Hamzah, are ensnared.

Arguably, Busyro's biggest challenge is to restore the KPK's reputation for being a feared and respected institution, as the nation struggles to improve its global antigraft credentials in the annual Transparency International survey.

"In the past, people walked out trembling after being questioned by KPK investigators," a source inside the commission said.

This year, though, the KPK couldn't even take a firm stand against businesswoman Nunun Nurbaeti Daradjatun, who has evaded numerous summonses, citing fantastic and improbable health reasons.

Nunun is believed to be the go-between in a Rp 24 billion ($2.7 billion) bribery scandal linked to the appointment of economist Miranda Goeltom to the post of Bank Indonesia senior deputy governor in 2004.

The commission also has to seek closure in the case of Bibit and Chandra if it is to maintain its independence from other law enforcement agencies and regain its air of authority.

Basrief Arief

Corruption inside the Attorney General's Office had long been an open secret, but it wasn't until 2008, when the KPK arrested prosecutor Urip Tri Gunawan for accepting a $660,000 bribe to halt an investigation, that the suspicions were validated.

Hendarman Supandji, the attorney general at the time, was widely lambasted for defending officials accused of conspiring with Urip, who is now serving a 20-year jail sentence.

Ever since, the AGO has come under intense media scrutiny and has found itself embroiled in a string of case-fixing and bribery scandals, most notably involving former tax official Gayus Tambunan.

Before Gayus, though, there was the case where the AGO and the National Police charged two KPK deputies with corruption – a move widely seen as revenge for the antigraft body's targeting of dirty prosecutors and officers.

In a sensational hearing at the Constitutional Court, wiretaps revealed that the charges against the KPK officials had likely been fabricated. The case looks set to continue into 2011 as the AGO considers dropping the charges against the KPK deputies, on the basis of public interest and not for a lack of evidence as many had demanded.

Antigraft watchdogs are skeptical that the new attorney general, Basrief, a veteran prosecutor returning to public office after four years in retirement, can bring about the much-needed reforms the prosecutors' office needs.

Indonesia Corruption Watch says Basrief's only chance to silence his critics is to improve the AGO's appalling record in prosecuting graft cases and impose harsh sanctions on prosecutors taking bribes.

According to an ICW study, less than half of the corruption cases handled by AGO this year ended in a conviction. By contrast, the Anti-Corruption Court, where cases are prosecuted by the KPK, has a 100 percent conviction rate.

Timur Pradopo

The challenges facing the newly appointed National Police chief run the gamut from fighting terrorism and tackling illegal logging to maintaining public order and peace. However, it is Timur's approach to internal reform that antigraft watchdogs are scrutinizing.

Rampant corruption within the force has long marked it as the country's most corrupt institution, according to a recent survey by Transparency International Indonesia.

"Illicit fees for acquiring driver's licenses, accepting bribes from traffic violators, extorting suspects and protecting gambling rings and prostitution dens are all testament to how rampant corruption is within the police force," says Neta S. Pane, chairman of Indonesian Police Watch.

The unresolved case of Gayus Tambunan, who was previously acquitted in March after claiming to have bribed police investigators, prosecutors and judges for a combined Rp 5 billion ($555,000), will test Timur's pledge to combat corruption.

Gayus claims his estimated Rp 100 billion ($11.1 billion) personal fortune came from bribes from corporate taxpayers seeking favors at the Tax Tribunal. None of these companies have been investigated by police.

"The police still haven't touched the companies that allegedly bribed Gayus or opened fresh investigations into the companies over tax-related offenses," says Febri Diansyah, a researcher with Indonesia Corruption Watch.

"His colleagues at the Tax Tribunal have also gone untouched. It's impossible that Gayus orchestrated tax evasion schemes on his own."

Another test for Timur will be whether he investigates the suspiciously large bank accounts reportedly owned by 15 police generals, an issue never resolved during the tenure of his predecessor, Gen. (ret) Bambang Hendarso Danuri.

The last year saw the appointment of three new law enforcement czars, each facing the daunting task of restoring the credibility of their respective agencies and winning back public trust.

2010 Review: Gayus affair highlights floundering fight vs corruption

Jakarta Globe - December 27, 2010

Nivell Rayda – Corruption, as it always has, dominated headlines throughout the year. But one particular case stood out among the rest, simultaneously fixating and disgusting the entire nation, as an illustration of how widely and deeply graft is ingrained into the country's social fabric: that of 31-year-old Gayus Tambunan.

Over the past year, Gayus evolved from being an unknown tax officer to a powerful figure able to bend the country's justice system, using illegally gained wealth to escape conviction and, later, the walls of his prison cell.

His case stands out, not so much because of the amount involved – police later found he had about Rp 100 billion ($11.1 million), which was easily trumped by the Rp 932 billion allegedly illegally amassed by another tax official now on trial, Bahasyim Assifie.

But Gayus's case stands out because of how it has exposed how money rules over law in almost all aspects of the Indonesian judiciary system.

The facts of the case are far too well known by now.

Gayus, who worked at the Taxation Tribunal, was originally charged with accepting bribe money from companies seeking to ease the tax appeals process. However, in the hands of the Attorney General's Office, the charges were changed to embezzlement, which the Tangerang District Court in Banten cleared him of.

The case was only revived when the former National Police chief of detectives, Comr. Gen. Susno Duadji, brought the matter to the media's attention, accusing two of his former subordinates of taking bribe money from Gayus.

The presidentially appointed Judicial Mafia Eradication Task Force made Gayus's case their top priority, calling it an entry point for reforms inside law enforcement agencies.

The task force persuaded Gayus, who fled to Singapore shortly after his acquittal, to return to Indonesia and cooperate with the team in exposing the rampant corruption inside the National Police, the AGO and the judiciary, as well as his former workplace in exchange for leniency.

His admissions led to the arrest of two police officers, a judge and a group of lawyers allegedly distributing bribes to law enforcers. Two prosecutors were later charged with leaking top-secret prosecution dossiers but not for accepting bribes.

Where's the reform?

Gayus's admission paved the way for reform inside the Taxation Tribunal but not inside law enforcement agencies as the task force had envisioned.

"The National Police only charged low-ranking officials suspected of receiving bribes from Gayus. Top officials from the National Police remain untouched," Indonesia Corruption Watch researcher Febri Diansyah said, citing one of several anomalies in the handling of the case.

The antigraft watchdog also highlighted that the taxation cases Gayus had handled had not been re-evaluated while executives from the companies that supposedly paid off the tax official had not been investigated or even brought in for questioning.

Task force member Mas Achmad Santosa said in May that initially they wanted the case to be handled by the independent Corruption Eradication Commission (KPK). "But [the National Police] convinced us that they can handle the case and that they were also eager to conduct an internal reform," he said.

The seriousness of the police in investigating the case was questioned again after Gayus was spotted by a Jakarta Globe photographer during a tennis tournament in Bali in November when he was supposed to be locked up at the police Mobile Brigade (Brimob) headquarters in Depok.

Gayus later admitted he had bribed the detainment facility's chief and that he had been let out of his cell at least 68 times.

As pressure for the KPK to take over the case intensified, the agency expressed caution over the plan, saying it was still "examining whether the case is in our jurisdiction." By law the KPK can only handle corruption cases involving high-ranking public officials.

Protecting whistle-blowers

Gayus's case also highlighted Indonesia's lack of preparedness in protecting whistle-blowers.

Despite spilling the beans on where his vast fortune originated and detailing exactly how he bribed police, prosecutors and a judge to get away with corruption charges on his first trial, prosecutors from the South Jakarta prosecutors' office demanded the maximum 20 years imprisonment for Gayus in his ongoing second trial.

By contrast, Sjahril Djohan, who was fingered by Susno as a major case broker operating at the National Police headquarters, was sentenced in October to 18 months in prison for channeling bribes for the former chief detective, just six months shorter than what prosecutors asked for.

Prosecutors argued that they found no mitigating circumstances in Gayus's case. "It seemed like the prosecutors forgot that Gayus had agreed to co- operate fully in the police's investigation," said Adnan Buyung Nasution, Gayus's lawyer.

Gayus had a more cynical approach when asked to comment on the prosecutors' harsh sentence demand, saying it was because "I hadn't taken care of them like the first time around." He was referring to the first time he went to court earlier this year, during which prosecutors only demanded one year of probation.

Saldi Isra, a legal expert from Andalas University in West Sumatra, said the 2006 law does little to protect whistle-blowers as it does not recognize the concept of state's witnesses.

Gayus is not the only victim. Susno, who first exposed the case, was later charged on corruption offenses linked to a business dispute over a fish farm in Riau and embezzling funds earmarked for securing the 2008 regional election during his time as West Java chief of police.

The Witness and Victim Protection Agency (LPSK) and the National Police soon were involved in a tug of war over Susno's status and custody. The former conceded after police guaranteed Susno's personal safety.

In June, Susno lodged a judicial review of the 2006 law to the Constitutional Court, arguing that the National Police had exploited loopholes in the law to silence him. The court rejected the motion.

The task force proposed to amend the regulation, particularly Article 10, which stipulates that a whistle-blower could only plead for leniency instead of being given full legal protection from future prosecution. The amendment is still being deliberated.

Uphill battle vs. graft

Against the backdrop of the complex and systemic graft Gayus's case has unveiled, the fight against corruption appeared more and more a doomed cause.

This year, Indonesia ranked 110th out of 178 countries surveyed by antigraft group Transparency International, with a score of 2.8, with 10 being the least corrupt. The score is exactly the same as last year although Indonesia's position improved slightly from 111th place.

Transparency said the government had failed to live up to its promise of cleaning up public institutions from graft as people still fall victim to illegal fees in acquiring licenses and permits. Fears that the battle against corruption was being lost were further underscored by two events.

In June, the ICW tried to revive a 2005 case involving suspicious bank accounts supposedly belonging to 15 National Police generals. Armed with fresh evidence, the watchdog submitted to the KPK and the judicial mafia task force proof of wire transfers to several accounts connected to one of the generals involved in the 2005 case.

A month after the ICW filed the complaint, two unidentified men threw molotov cocktails at Tempo magazine's office on July 5. The week of the attack, the magazine had featured an in-depth report on the case.

Three days later ICW researcher Tama Satrya Langkun was ambushed by four unknown assailants upon his return from watching a World Cup soccer match in South Jakarta. Tama sustained multiple bruises and cuts to his head and was hospitalized for days.

To this day, parties responsible in both attacks remain a mystery. Police also refused to conduct any formal investigation into the suspicious accounts, saying that only two reports were connected to criminal activities and the officers involved had been charged long before the ICW made the allegations.

Embattled KPK

The KPK, often cited as the only law enforcement agency still trusted by the public, continued to spend most of the year with two of its deputy chairmen in legal limbo in what many saw as a bogus charge to undermine the independent body.

Though businessman Anggodo Widjojo has been sentenced to four years in prison for attempting to bribe Bibit Samad Riyanto and Chandra Hamzah, the pair is still waiting for the case against them to officially be closed.

Still, the KPK made a daring move in September, naming 26 former and current lawmakers as suspects for receiving part of Rp 24 billion in bribes in exchange for voting for economist Miranda Goeltom as Bank Indonesia senior deputy governor in 2004.

Watchdogs, though, only cautiously applauded the move. This year, the KPK had not been able to trace the source of the funds or charge the alleged financier and mastermind of the bribery.

President Susilo Bambang Yudhoyono, who came into his second term of office with a renewed pledge to crack down on the so-called judicial mafia, has acknowledged that the fight against corruption is far from won and more aggressive efforts are needed to rid the country of graft. The president has cited five areas that would be the main focus of reform, however no detailed instructions were given on how to enact the changes.

2010 in Review: Expanding lending drives Indonesia's healthy economy

Jakarta Globe - December 27, 2010

Dion Bisara – Two years after the tumultuous global financial crisis, the Indonesian banking system is back on solid footing to spur lending and help boost economic growth in Southeast Asia's largest economy.

Domestic banks, including Bank Mandiri and Bank Rakyat Indonesia, are targeting the country's infrastructure and consumer sectors to boost their earnings.

"We see strong loan growth across the board," said Zulkifli Zaini, president director of Bank Mandiri, the country's largest lender by assets. "Noticeably, consumer loan growth has been growing strongly this year on the back of auto finance, credit cards and mortgages."

Bank Indonesia expects the nation's 121 lenders to continue to see strong earnings growth and a manageable level of bad loans next year.

Loans by Indonesian commercial banks have grown 23 percent this year to Rp 1,708.15 trillion ($189.6 billion) from the same period a year ago, the central bank said. The growth came in above Bank Indonesia's full-year target of 22 percent, while it measured 19.4 percent on a year-to-date basis.

Indonesian banks have aggressively boosted their lending to meet growing demand for financing by corporations and individuals in Indonesia's surging economy. Indonesia's economy, which is forecast to expand 6.1 percent this year, is expected to grow by 6.5 percent next year.

Wiwie Kurnia, chairman of the Indonesian Financial Service Association (APPI), said car sales may reach 700,000 units and motorcycles may reach 7 million units in 2010. Indonesian consumers and car owners, who typically finance their vehicle purchases with bank loans, are capitalizing on low borrowing costs.

Bank Indonesia has refrained from raising its benchmark interest rate in order to boost growth. The rate has stayed at 6.5 percent since August 2009. "Apart from increasing demand from customers, low interest rate policy set by Bank Indonesia has helped commercial banks reduce their lending rates. This has boosted the auto-financing business," Wiwie said.

Consumer loans grew 24.8 percent in the first 10 months of 2010 to Rp 523.1 trillion, central bank data showed. This outpaced commercial loans, which grew 21 percent to Rp 819 trillion over the same period, and investment loans, which grew 18.4 percent to Rp 332.9 trillion.

Total combined net profits in the banking sector rose 28 percent to Rp 49.05 trillion in the first 10 months of the year, from Rp 38.3 trillion in the same period in 2009.

Still, bankers such as Zulkifli voiced their concern over regulations to finance much-needed infrastructure projects in Indonesia. They pointed to land clearance as an example. "Bank Mandiri has pledged to lend between Rp 7 trillion to Rp 8 trillion to finance infrastructure projects this year. Of that, only Rp 1 trillion has been disbursed so far," he said.

"I think banks could have done better if the government had cleared regulation problems that have hampered infrastructure development. Banks cannot give loans if companies cannot build because there is no land to build on."

The government is deliberating a bill to expedite land acquisition, which under current law can take years and delay infrastructure projects. Coordinating Minister for the Economy Hatta Rajasa said last week that such a law may be approved by the House of Representatives by the first half of 2011.

Despite such problems, Indonesian banks continue to manage and operate in a healthy and prudent environment. The average capital adequacy ratio, a measure of a bank's soundness in relation to risk, was 18.6 percent as of the end of September this year, well above the 8 percent minimum requirement set by the central bank.

With such a strong performance backed by a robust economy, the sector has started to lure foreign and local investors. In October, Mochtar Riady, founder of Lippo Group, re-entered the banking sector by acquiring a 60 percent stake in Bank National Nobu for Rp 60 billion rupiah. The Jakarta Globe is affiliated with Lippo Group.

Muliaman D. Hadad, deputy governor of Bank Indonesia, is bullish about growth in the banking sector. He predicted that loans could grow by 20 to 24 percent next year.

Zulkifli agreed that 2011 could be a stellar year for the sector, especially if banks can tap the vast amounts of foreign funds flowing into the local economy.

"They [investors] need instruments to invest. We can offer such instruments and use the money for expansion," he said, adding that Bank Mandiri anticipates loan growth of 20 percent to 22 percent next year.

Bank Mandiri plans a rights issue in the first half next year that could raise between Rp 10 trillion to Rp 12 trillion.

Bank Danamon, Indonesia's sixth-largest lender by assets, hopes to raise up to Rp 5 trillion in fresh funding in 2011. The funds could come from a private placement, syndicated loans or bond issuance, according to Pradip Chhadva, the bank's director of treasury.

Bank Danamon Indonesia, which was established in 1956, is 67.42 percent controlled by Asia Financial Pte. Ltd. and 32.58 percent by the public. It operates more than 2,500 branches and points of sale, including its Danamon Simpan Pinjam and Syariah units as well as Adira Finance branches.

Jakarta journo: 2010's weirdest news stories

Jakarta Globe - December 26, 2010

Armando Siahaan – The past year has seen a flood of headlines that drowned the nation in misery, tragedy and controversy. From the politically charged Bank Century bailout scandal to the ongoing Gayus Tambunan saga, from the attacks on the Ahmadiyah sect and Christian churches to the devastating natural disasters in Wasior, Mentawai and Mount Merapi, it's been a rough 12 months for the country.

But what makes Indonesia such a unique and bewildering country is that it's also home to a steady stream of stories that shock, surprise and simply make you say, "What the... ?" Here is my pick of the weirdest news events that have taken place over the past 12 months.

10. Julia Perez goes political

Julia Perez knows how to turn the nation on. This year, however, the dangdut diva didn't do it just by posing in skimpy outfits. Jupe, as she's popularly known, was wooed by a coalition of political parties to run for deputy district head of Pacitan, East Java. Yes, the foxy celebrity, who admitted that she knew nothing about politics, was ready to take on Pacitan, which just happens to be the home district of President Susilo Bambang Yudhoyono.

This clearly shows the maturity of our political parties – milking the popularity of a voluptuous celebrity to gain power. It's also a testament to how sexy democracy can be in this country. And dangerous, like having sex without protection, with all the unwanted consequences that call follow.

Luckily, or not, Jupe's political ambitions ended before they really started, and she recently found herself back in more familiar territory, hitting the headlines for a catfight with another racy artists, Dewi Persik.

9. Barring bovine's freedom of speech

During a demonstration against the government in January, protesters brought along an unlikely activist, a buffalo named Sibuya – a play on SBY, the initials of President Susilo Bambang Yudhoyono. This greatly offended the president, leading police to bar demonstrators from bringing animals to protests.

I honestly don't know which is more worrying – the idea that animals don't have political rights or the fact that we have a leader, our champion of democracy, who just doesn't cope well with criticism.

8. Sexy ghost flicks

Indonesia's self-appointed moral police, the Islamic Defenders Front (FPI), have been kept busy this year trying to keep our shores unsullied by the presence of porn stars. But a few managed to slip through the net.

Japanese X-rated divas Miyabi and Rin Sakuragi, as well as American adult- video darling Tera Patrick, all had starring roles this year in Indonesia's most infamous film genre, known as "esek-esek," horror movies that feature plenty of cheesecake.

For me, this is a triumph for democracy. Cinematically, however, I'm not sure how much pride Indonesia can take in producing movies with titles such as "Hantu Puncak Datang Bulan" ("Menstruating Ghost from Puncak").

7. Fecal diplomacy

Diplomatic rows between Indonesia and Malaysia are nothing new. What is new is how some Indonesians chose to express their anger after yet another dispute, this one involving seven Malaysian fishermen and three Indonesian maritime officials caught up in a sea border dispute.

To send a message to those neighbors we love to hate, a vigilante group called Bendera hurled small boxes containing human feces at the Malaysian Embassy in Jakarta. Malaysia may have tested our national pride, so a little anger is to be expected. But to throw human waste is just plain childish, embarrassing and barbaric. It's an act that needs to be flushed down the toilet.

6. The poisonous duo, Sinta and Jojo

Sinta and Jojo, two teenagers from Bandung, surely deserve the award for Online Wonders of the Year. Their video got more than five million hits on YouTube and they became a worldwide trending topic on Twitter.

How did they do it? By lip-synching to a sketchy-but-catchy dangdut hit, "Keong Racun" ("Poisonous Snail"), while looking like a couple of goblins on crack. Their fame shows us how addicted our young people are to the online world. At the same time, Sinta and Jojo proved that looking silly and having zero talent can actually be an advantage if you want to make it big in Indonesia.

5. Five-star prison cells

The idea of putting crooks behind bars is to punish them for the error of their ways. But do you think anybody is going to feel much guilt and remorse if their prison cell is equipped with an air-conditioner, laser facial treatments and an LCD television? Well, that was what inspectors found in the cell of graft convict Artalyta Suryani during an inspection at Pondok Bambu Women's Penitentiary.

Meanwhile, in November, graft suspect Gayus Tambunan was photographed by the Jakarta Globe enjoying a tennis match in Bali, when he was supposed to be detained in the National Police Mobile Brigade (Brimob) headquarters in Depok. Apparently, he had managed to duck out of his cell 68 times! Aren't we all amused by how the legal system works in our country?

4. Tweet-awful minister

Twitter has given people a whole new platform on which to make fools of themselves. And the Indonesian who did the best job of that this year was undoubtedly Tifatul Sembiring, our beloved communications and information technology minister. Last year, he took to Twitter to explain how immorality in the country was to blame for natural disasters. He was heavily criticized for that infamous tweet, but some people just refuse to learn from their mistakes.

This year, he gave us a bizarre tweet comparing the Ariel "Peterporn" sex- tape scandal with Jesus Christ's crucifixion. He then joked that AIDS stands for "Akibat Itunya Dipakai Sembarangan," or "What you get for sticking your penis just about anywhere," and implied that homosexuality was the main cause of the disease.

Most recently, he was mocked around the world for his overly defensive explanations as to why he, a devoutly conservative Muslim, would shake hands with America's first lady, Michelle Obama, a woman he was not related to.

3. Foul-mouthed, chain-smoking toddler

Sandi Wedhus was the 4-year-old from Surabaya who talked like a sailor and sucked down cigarettes like there was no tomorrow. Sandi received nationwide and global notoriety for a YouTube video that showed him puffing on a cigarette, blowing smoke rings like a pro and exercising an impressive potty mouth. For example, he expressed his desire to grow up and be a thief so that he could spend his money on prostitutes. The country was outraged and concerned about Sandi's health given that he was said to have developed a several-packs-a-day smoking habit.

First of all, whoever bought him the cigarettes and messed around with the kid like he was a freak show should be awarded a first-class ticket to hell. Second, this shows the sad relationship between poverty and parental supervision, or lack thereof. Third, Sandi is the true face of our country's addiction to cigarettes and its cancerous impact.

2. Ariel 'Peterporn'

The celebrity scandal of the year, featuring homemade sex tapes, a rock star and two gorgeous female presenters, has now become a legal saga.

This has all the ingredients of an Oscar-winning movie. Nazril "Ariel" Irham, the vocalist for the band Peterpan, first became the talk of the country when sex tapes that allegedly featured him with celebrities Luna Maya and Cut Tari began making the rounds on the Internet.

Things took a nasty legal turn when the police charged Ariel with the crime of distributing pornography. The case has become a litmus test for the country's Anti-Pornography Law, and yet the people who actually distributed the videos have not been charged with anything. What a funny country we live in.

1. Holy cow, sex and marriage

Let me first remind you that Indonesia is a country in which same-sex marriage is forbidden, marriage between people of different faiths is widely seen as taboo and marrying foreigners is frequently made difficult by the bureaucracy. Yet Ngurah Alit, an 18-year-old from Jembrana, Bali, was forced to marry a cow after he was caught having relations with the animal, which he believed to be a sexy woman.

I'm not sure which is worse, the idea of having sex with a cow or the idea of forcing the kid to marry it. I could try to analyze the story from a cultural, social, economic, psychological or moral point of view. But some things simply defy analysis. In Indonesia, apparently, nothing is impossible.

[Armando Siahaan is a reporter for the Jakarta Globe and writes a weekly column about current events. Follow @jakartajourno on Twitter or e-mail him at armando.siahaan@thejakartaglobe.com.]

Actions, demos, protests...

Women rally against 'slavery to capitalism'

Jakarta Post - December 23, 2010

Slamet Susanto and Apriadi Gunawan, Yogyakarta/Medan – Demonstrators in cities across the Indonesia staged rallies on Wednesday to commemorate National Women's Day, demanding protection from "capitalism slavery" and materialism.

A rally in Yogyakarta was joined by children and students affiliated with the Women's Freedom Alliance who began marching along Jl. Malioboro on Wednesday morning.

The demonstrators shouted slogans opposing violence directed at women and polygamy and demanded the revocation of several laws that disadvantaged women. Hundreds of housewives under the banner of Muslimah Hizbut Tahrir held a second rally on Jl. Malioboro denouncing capitalism.

"Leave behind capitalism, which has been proven to make women poorer," rally coordinator Ainur Rochmah told the crowd.

Ainur blamed capitalism in Indonesia for making people poorer and creating a wide social gap. "Despite the rich natural resources, they have been sold to capitalists. Capitalism system sees women as a commodity and worthy of being consumed for the sake of material pursuits," Ainur said.

She added women who should be taking care of families have instead been made into cash cows as domestic maids overseas.

The gender equality movement was also blamed for motivating women to follow material pursuits and forget their obligations to educate the next generation.

"Where will our country go if many of our youths are exposed to drugs and 50 percent of the girls are no longer virgin. This is due to poverty created by capitalism which forces women to become materialistic," she said.

Muslimah Hizbut Tahrir also demanded the implementation of Islamic sharia law, adding that Indonesia's overflowing resources would no longer be sold to overseas parties if the system was enforced.

"[Sharia] is the only system that creates prosperity and justice, as well as frees people from the throes of poverty," Ainur said.

Hundreds of students later took part in a poetry contest honoring mothers aimed at instilling respect for women's struggles in raising families.

Muslimah Hizbut Tahrir's branch in Medan, North Sumatra, also staged a rally, urging the government to pay attention to people's welfare and protect women from violence.

Demonstrators clogged traffic as they marched from Merdeka Square to Majestik Circle on Jl. Gatot Subroto.

Rally coordinator Fitri said she wanted to use momentum from National Women's Day to raise women's spirits in the fight against capitalism. According to Fitri, capitalism has transformed women into machines who produce revenue for the state, thus making them slaves of capitalism.

"Many of the women in Indonesia have currently become slaves of capitalism due to the declining quality of life for housewives," Fitri told protestors at Majestik Circle.

Aceh

Acehnese advised against festive New Year's eve celebration

Jakarta Globe - December 31, 2010

People in Aceh province are advised against festive New Year's Eve celebrations, including the use of fireworks and blowing on trumpets because it is against Sharia law.

"It must be obeyed by the people," Said Yulizal, the head of Aceh's Sharia office told news portal Okezone.com.

Yulizal said the municipal government placed posters and handed out flyers about the New Year's Eve celebration advisory on public places in the provincial capital, Banda Aceh.

According to Yulizal, celebrating New Year's Eve with parties and fireworks is not part of Acehnese culture. "They are only followers because they have been influenced by other cultures," he said.

There are no penalties imposed for residents who refused to obey the advice. "Those who disobey the advice, disobey their own religion," he said.

On Thursday, thousands of people held a mass prayer at Baiturrahman Grand Mosque in Banda Aceh. The event organizer, Teuku Tarmizi Daud, said Muslims should celebrate the new year with prayers, instead of festive parties.

"The Aceh people are enthusiastic in joining the mass prayer because in general, most Acehnese hold fast to Islamic values. What we need is the government's support to completely uphold the Sharia in Aceh," Tarmizi told local newspapers Serambi Aceh.

Despite Indonesia's secular Constitution, devoutly Muslim Aceh was allowed to adopt parts of Shariah law, presumably to prevent the Acehnese from joining the rebellious Free Aceh Movement (GAM).

Six years after tsunami, hope of finding loved ones lives on for a few

Associated Press - December 24, 2010

Langsa, Aceh – Six years after the Indian Ocean tsunami swept more than 200,000 people to their death, Titik Yuniarti still clings to hope at least one of her children is alive.

Like other desperate mothers, she has placed ads begging for information in newspapers in western Indonesia and hung fliers alongside others fluttering from lampposts.

Earlier this month, her search almost cost her her life. The 43-year-old woman raised suspicions when she tried to meet a girl she thought might be her child. Villagers accused her of being a kidnapper and thrashed her and a friend almost to death.

The Dec. 26, 2004, tsunami killed an estimated 230,000 people in 12 Indian Ocean nations, from Thailand to Sri Lanka. Hardest hit by far was Indonesia's Aceh province, where 164,000 died. Of those, 37,000 were never found, their bodies presumed washed out to sea.

Today, a massive international aid effort has rebuilt tens of thousands of homes, schools and roads. But closure has been much more difficult for some. While most have given up the search for missing children, a number press on.

Yuniarti, who lost her entire family in the disaster, set out earlier this month in search of her middle child, Salwa. The journey was inspired by a dream Yuniarti's mother had, in which Salwa appeared and said she had been taken in by a family in the town of Langsa in Aceh.

It took seven hours on a bumpy coastal road to get there. Clutching a picture of her curly-haired child, who was 6 when she was ripped from her mother's arms and sucked out to sea, Yuniarti and a friend went from school to school, talking to principals, teachers and students.

They sat down with police and met with neighborhood leaders, anyone who would listen.

"After three days, we finally met a girl named Febby," Yuniarti said from her hospital bed, her face covered in bruises, her neck swollen and an intravenous drip dangling from her arm.

"She had the same tumble of black hair, a freckle over her lip," she said in a soft voice, smiling weakly. "Some people even told me she'd lost her parents in the tsunami and had been adopted. I was still afraid to believe it, but in my heart, I thought, it's her... it's really her."

When they returned the next day, though, a woman who identified herself as Febby's mother blocked them and demanded to know what they wanted with her only daughter. A crowd started gathering, quickly swelling to more than 100.

Soon whispers spread that Yuniarti might want to abduct the 12-year-old, maybe even sell her organs, echoing kidnapping rumors that have circulated across Indonesia in recent months.

Some chanted "Hang her! Hang her!'" Others torched the building where the two women had been hiding. When they emerged, the mob beat them with heavy sticks and rocks, ignoring warning shots fired by police.

Eventually, officers gathered up Yuniarti's crumpled body and brought her to a hospital. Her friend was also seriously hurt.

Yuniarti, who also lost her husband, a 3-year-old daughter and a 9-year-old son, wants a DNA test on the child, saying it could be her last chance.

Febby's mother, Ainun Mardiah, said she would oblige if it would help end the dispute. Her daughter is so traumatized by recent events, she's stopped going to school.

"I just feel angry, confused,'" the 34-year-old Mardiah said. She moved from Banda Aceh, the provincial capital, to Langsa with her husband and child soon after the tsunami, hoping to start life anew. "I just want this to be over," she said.

A government program that reunited nearly 1,600 children with their parents closed in 2006. While officials still offer assistance as needed, the number of requests has dwindled, said Farida Zuraini, who works at the provincial Social Ministry office in Banda Aceh.

Maisarah broke down in tears when asked about her husband and three children, all swept away by the waves.

She said she has given up hope after spending several years visiting orphanages and even traveling hundreds of kilometers to track down a young girl in a photograph who looked like her daughter, just to make sure they were not alive somewhere. "The most important thing for me was just knowing the truth," Maisarah said.

One mother who hasn't given up is 30-year-old Suryani. Even a DNA test failed to convince her that 11-year-old Riko Anggara, who appeared on a popular TV talent show, was not her boy.

"When we first saw him singing on television, I screamed to my husband, 'That's Rahmat! It's him!' " she said, pointing to photographs she has of both boys. "Just look at the scars on their faces!"

The story made headlines, but a DNA test proved Rahmat was not her son. She and her husband remain unconvinced: They want the test redone.

West Papua

564 inmates in Papua receive remission

Antara News - December 25, 2010

Jayapura – Some 564 of the total of 939 inmates in Papua province will enjoy a remission in this year's Christmas celebrations.

Head of the Papua office of the Ministry of Legal and Human Rights Affairs Nazarudin Bunas said here Friday that of the total of 506 inmates who will receive a remission, 43 will directly walk free after receiving the remission.

"After the presentation of the remission on December 25, 43 inmates will walk free," he said. He added that the dossiers of the inmates who will receive a remission is still being examined for later to be forwarded to the relevant government authorities.

Nazarudin Bunas said the inmates who will get a remission are those who had a good behavior and had spent their time in accordance with the regulations.

Referring to two inmates who are actually political prisoners held at the Class IIA jail in Abepura, Jayapura, namely Filep Karma and Buctar Tabuni, Nazarudin Bunas said if they do not receive a remission this year it is becaused they are facing another legal process at the Papua police.

"The two did not receive a remission as they are suspects in other cases, including causing damage at the Adepura jail some time ago," he said.

Nazarudin Bunas said further that except in religious holidays, a remission is given also on Indonesian Independence Day. (H-NG/A014/S026)

Discontent rising in Indonesia's Papua region

IRIN - December 23, 2010

Jakarta – Activists in Papua continue to voice their discontent with Indonesia's central government, calling for greater autonomy to help improve the region's socio-economic problems.

Health and education indicators in Indonesia's lesser-known province are in dire need of attention, experts say.

The region – an area half the size of Brazil and home to just 1 percent of Indonesia's population – has long been the scene of political discontent.

"There is growing frustration between the government and Papua, and [President Susilo Bambang] Yudhoyono needs to explore potential action policies directly with leaders," International Crisis Group (ICG) Southeast Asia programme director Jim Della-Giacoma told IRIN in Jakarta.

The people of Papua want their political autonomy expanded, affirmative action policies strengthened and fears of migrants from other parts of Indonesia taking jobs allayed, he said, referring to ICG's recent report on the region this year.

"If not, these three issues will lead to an increase in radicalization and remain an obstacle to Papua's Special Autonomy."

Behind these concerns is a perceived need for the government to do more to provide basic services.

Healthcare

Worries about HIV/AIDS, tuberculosis (TB) and malaria in Papua are exacerbated by a poor healthcare infrastructure, say aid workers.

The 2010 UN Development Programme (UNDP) Report states that Papua has the highest number of HIV/AIDS cases in Indonesia with a prevalence rate of 2.4 percent, against 0.2 percent across Indonesia, according to the National AIDS Commission.

In Papua, HIV has been categorized as a "generalized epidemic", meaning more than 1 percent of the general population is affected by HIV, according to the World Health Organization (WHO). Even so, efforts to mitigate the virus's spread have been limited, aid agencies say.

Not enough support is provided for malaria or TB either, said Naomi Sosa, from the local NGO Yasumat, who works in Yahukimo regency in the eastern highlands. "There is currently an under-reported TB epidemic and it seems to be increasing in intensity," she said.

WHO also classifies it as a generalized epidemic, with 2.5 percent of the population affected. Policies addressing the needs of this remote province need to be more pro-active, say activists. "The government's work is largely reactionary rather than preventative," Sosa said.

Education

Despite the fact that Papua is rich in natural resources – including oil, gas, and timber – many worry the region's underperforming education system is also holding back development.

According to the UN Children's Fund (UNICEF), secondary school enrolment in Papua is only 60 percent compared with a national average of 91 percent. Sosa says authorities should start by increasing funding, while at the same time expecting more from teachers.

"There is also low capacity in the local government to coordinate education delivery," she said. "Staff members are rarely in their offices and do not show awareness [of educational] programmes."

Compounding matters is an acute teaching shortage, with no functioning teacher monitoring system in place. "It is impossible for the local education department to ensure teachers are at their posts. And teachers can get away with keeping operational funds for personal reasons," Sosa said.

Political deadlock

Officials, however, say the government is working hard to address all Papua's development needs.

"The government has fulfilled its role in providing assistance at the village level," said Agus Sumule, spokesman for Papua's governor, Barnabas Suebu, citing his Strategic Plan for Village Development, in conjunction with the World Bank, known as RESPEK.

The programme allocates grants of about US$60,000 per village, providing they design their own development initiatives. "We are trying hard to address the issues, whether they are social, economic, cultural or political," he said.

Food security

Papua's status as the province most vulnerable to food insecurity in Indonesia, according to the World Food Programme (WFP), is improving, however.

Working with the government, the agency has developed a National Food and Nutrition Action Plan for 2011-2015 in a bid to eradicate poverty and hunger in line with the country's Millennium Development Goals (MDGs), WFP Indonesia deputy country director Peter Guest said. "The government is taking this issue very, very seriously," he said.

Grievances brewing

Conflict prevention experts do not, however, think the longstanding political grievances are being addressed effectively and believe these are even more key to improving Papua's socio-economic condition.

UNDP says about 35 percent of Papua's population lives below the poverty line. This contrasts with a national average of about 13 percent, according to the Central Statistics Agency.

"The central government so far believes there's no problem," said Muridan Widjojo, a Papua expert from the Indonesian Institute of Sciences (LIPI).

Just this year, Political, Legal and Security Affairs Minister Djoko Suyanto and officials within the president's office disregarded his research results when he presented the minister with a LIPI study on Papuans' discontent with the government.

But Widjojo is not worried by the setback. "We will not give up on organizing constructive communication with Jakarta," he said. (ad/ds/mw)

Indoleaks

Government to be questioned about WikiLeaks docs on Freeport

Jakarta Post - December 23, 2010

Jakarta – A legislator said Thursday he would question the government and the Indonesian Military (TNI) about documents released by Wikileaks that suggested the US mining giant PT Freeport pay the TNI and the police to secure its activities in Papua.

Legislator Helmi Fauzy from the House of Representatives' Commission I on defense, information and legal affairs, said he planned to question Defense Minister Purnomo Yusgiantoro and TNI chief Adm. Agus Suhartono about the documents in an upcoming hearing. "We want to confirm how accurate WikiLeaks is," Helmi said.

Helmi, who is a member of the Indonesian Democratic Party of Struggle (PDI-P), said the TNI and the National Police were not supposed to receive funds from private companies to support their security operations.

"Private groups should not fund military activities. It will lead to policy directions and operations that depend on the interests of those providing the money; and that is dangerous," he said, as quoted by Antara news.

Indonesian army linked to drugs

Sydney Morning Herald - December 23, 2010

Philip Dorling and Nick McKenzie – The United States fears Indonesian government neglect, rampant corruption and human rights abuses are stoking unrest in its troubled province of West Papua.

Leaked embassy cables reveal that US diplomats privately blame Jakarta for instability and "chronic underdevelopment" in West Papua, where military commanders have been accused of drug smuggling and illegal logging rackets across the border with Papua New Guinea.

A September 2009 cable from the US embassy in Jakarta says "the region is politically marginalised and many Papuans harbour separatist aspirations". An earlier cable, from October 2007, details the claims of an Indonesian foreign affairs official about military influence in Papua.

"[The Indonesian official] claims that the Indonesian military (TNI) has far more troops in Papua than it is willing to admit to, chiefly to protect and facilitate TNI's interests in illegal logging operations," the cable says.

"The governor [of Papua]... had to move cautiously so as not to upset the TNI, which he said operates as a virtually autonomous governmental entity within the province."

The cable notes that because the allegations are coming from an Indonesian official rather than a non-governmental organisation, they "take on an even more serious cast".

A 2006 cable details a briefing from a PNG government official that the armed forces were "involved in both illegal logging and drug smuggling in PNG".

In another cable from 2006, the US embassy records the reaction of Indonesian authorities to a riot in Papua that left four officials dead.

"While the gruesome murder of three unarmed policemen and an air force officer at the hands of an angry mob is unconscionable, the authorities' handling of the aftermath has merely added a new chapter to the history of miscarriages of justice in Papua," it says.

"It is clear that the police rounded up a miscellany of perceived troublemakers and random individuals and that the prosecutors and judges then railroaded them in a farcical show trial."

Cables from throughout last year blame the Indonesian government's neglect of Papua – including the failure to ensure revenue generated by mining is distributed fairly – for continuing unrest.

"Most money transferred to the province remains unspent although some has gone into ill-conceived projects or disappeared into the pockets of corrupt officials. Many central government ministries have been reluctant to cede power to the province. As a result, implementation of the [Special Autonomy] law has lagged and Papuans increasingly view the law as a failure," a September 2009 cable says.

The autonomy law was introduced by Jakarta in 2001 as a means of dampening the push in Papua for independence, to address past abuses in the region and to empower local government entities.

After Human Rights Watch released a report last year alleging that military officers had abused Papuans in the town of Merauke, the US embassy in Jakarta wrote that the incident was isolated and may have involved soldiers following the orders of a local official, Johanes Gluba Gebze.

"An ethnic Papuan, Gebze presides over a regional government where allegations of corruption and brutality are rife. Advisers to Papua Governor Barnabas Suebu told [an embassy official] that Gebze is 'out of control' and has made numerous illegal forestry deals with Chinese and Korean companies," the 2009 cable says.

In early 2006 a senior manager from the mining operation run by the US minerals giant Freeport-McMoRan privately told the embassy that "rampant corruption among provincial and regency officials has stoked Papuans' disenchantment".

Freeport is the biggest taxpayer in Indonesia and its mine is often and – the US embassy says – unfairly accused of acting unethically. A March 2006 cable says a senior mine official said that "average Papuans see few benefits from the royalty and tax payments by Freeport and other extractive industries that should go to the province under the Special Autonomy Law".

"This corruption hurts Freeport's image with Papuans as well."

The documents also reveal candid disclosures by senior Freeport executives about how the company pays the Indonesian military and police officers who help secure its operations.

The payments caused controversy after they were detailed by The New York Times in 2006. An April 2007 cable reports that Freeport continues to pay "voluntary support allowances" to police.

Jakarta accused over Papua

Melbourne Age - December 23, 2010

Philip Dorling, Nick McKenzie – The United States fears that Indonesian government neglect, rampant corruption and human rights abuses are stoking unrest in its troubled province of West Papua.

A September 2009 cable from the US embassy in Jakarta says "the region is politically marginalized and many Papuans harbor separatist aspirations". An earlier cable, from October 2007, details claims by an Indonesian foreign affairs official about military influence in West Papua.

"The Indonesian official] claims that the Indonesian Military (TNI) has far more troops in Papua than it is willing to admit to, chiefly to protect and facilitate TNI's interests in illegal logging operations," says the cable, obtained by WikiLeaks and made available exclusively to The Age.

"The governor... had to move cautiously so as not to upset the TNI, which he said operates as a virtually autonomous governmental entity within the province," the cable says.

It notes that because the allegations are coming from an Indonesian official rather than a non-government organisation, they "take on an even more serious cast".

A 2006 cable details a briefing from a Papua New Guinea government official who said that the armed forces were "involved in both illegal logging and drug smuggling in PNG".

In another cable from 2006, the US embassy records the reaction of Indonesian authorities to a riot in West Papua that left four officials dead.

"While the gruesome murder of three unarmed policemen and an air force officer at the hands of angry mob is unconscionable, the authorities' handling of the aftermath has merely added a new chapter to the history of miscarriages of justice in Papua," it says. "It is clear that the police rounded up a miscellany of perceived trouble-makers and random individuals and that the prosecutors and judges then railroaded them in a farcical show trial."

Cables from throughout 2009 blame the Indonesian government's neglect of West Papua – including the failure to ensure revenue generated by mining is distributed fairly – for continuing unrest. "Most money transferred to the province remains unspent although some has gone into ill-conceived projects or disappeared into the pockets of corrupt officials," a September 2009 cable says.

"Many central government ministries have been reluctant to cede power to the province. As a result, implementation of the [Special Autonomy] law has lagged and Papuans increasingly view the law as a failure."

The Special Autonomy Law was introduced by Jakarta in 2001 in a bid to dampen the push in Papua for independence, to address past abuses in the region, including by the Indonesian military, and to empower local government entities.

While the US embassy cables detail some improvements in the conduct of the Indonesian military and police in the region in recent years, several cables also detail serious misconduct.

The US cables also record allegations of corruption involving local officials.

After NGO Human Rights Watch released a report last year alleging that military officers had abused Papuans in the town of Merauke, the US embassy in Jakarta wrote that the incident was isolated and may have involved soldiers following orders from local official Johanes Gluba Gebze.

"An ethnic Papuan, Gebze presides over a regional government where allegations of corruption and brutality are rife," the 2009 cable says. It quotes advisers to Papua Governor Barnabas Suebu saying Gebze is "out of control" and has made numerous illegal forestry deals with Chinese and Korean companies.

In early 2006, a senior manager of the Papuan mining operation run by US minerals giant Freeport-McMoRan privately told the embassy that "rampant corruption among provincial and regency officials has stoked Papuans' disenchantment".

Freeport is the biggest taxpayer in Indonesia and its mine is frequently and, according to the US embassy, unfairly accused of acting unethically. According to a March 2006 cable, a senior mine official said that "average Papuans see few benefits from the royalty and tax payments by Freeport and other extractive industries that should go to the province under the Special Autonomy law... This corruption hurts Freeport's image with Papuans as well."

The documents also reveal candid disclosures by senior Freeport executives about how the company pays members of the Indonesian military and police officers who help secure its operations. The payments caused controversy after they were detailed in a 2006 article in The New York Times.

A January 2006 cable states that Dan Bowman, Freeport Indonesia's senior vice-president, said the "main allegations about direct payments by the company to military and police officials are true but misleading... the military and police did not have institutional bank accounts into which Freeport could deposit funds, so they were forced to make payments directly to the commanding officers responsible for security at the mine."

An April 2007 cable says that Freeport continues to pay "voluntary support allowances" to police who help protect the mine, although does so using safeguards to prevent the money being corruptly diverted.

In October 2007, Freeport officials told the embassy that police who guarded the company's mine were being bribed by illegal miners, who the company says are responsible for environmental damage.

"Freeport officials allege that the illegal miners have bribed Mobile Brigade officers to allow their activities. They also charge that Mobile Brigade personnel sell food and other supplies to the miners."

Human rights & law

Torture seen as norm: Report

Jakarta Post - December 30, 2011

Bagus BT Saragih, Jakarta – A 2010 report says law enforcers see torture as part of the normal procedure in dealing with suspects, leading to a persistently high violence rate among the police.

The Jakarta Legal Aid Foundation's research on torture in five cities in Indonesia found the judicial apparatus, as well as the suspects, detainees and convicts, were "tolerant to violence".

Foundation member Restaria F. Hutabarat, who chaired the research team, said most victims of violence were reluctant to discuss torture because "they accepted it as a normal part of the legal process".

"Law enforcement has become identical with violence and torture," Restaria said Wednesday. She said the media, which depicted violence as a means to deal with crime, had made violence banal.

The poor internal monitoring system and the lack of punishment for officers who commit torture also supported the violence, Restaria said.

The research was conducted from 2009 to 2010 and 748 suspects, defendants and convicts in detention centers and prisons in Jakarta, Banda Aceh, Lhokseumawe, Surabaya and Makassar were interviewed. People from the judicial apparatus were also interviewed.

Researchers processed the results of the interviews and created scores they call the Torture Perception Index.

"Jakarta scored the highest, meaning the respondents were the most tolerant of torture during the legal process. The least tolerant was Surabaya," Restaria said.

The study also concluded that police officers were the most violent of all judicial apparatus. Detectives, for example, used torture as a regular method when questioning suspects, she said.

Following the police on the list of "most violent apparatus" were military officers, prosecutors, wardens and public order officers. "Police detectives torture because they are easily annoyed or impatient when questioning suspects.

Police respondents also testified they turned violent when facing indecisive suspects or when failing to gather sufficient evidence," foundation member Edy Halomoan Gurning said.

Edy said police torture also occurred during arrest and detention. "After a police investigation is completed, torture can continue during the trial," he said.

According to the study, the most frequent kind of torture was punching, followed by kicking, slapping, hair pulling, dragging, forced nudity, immersion in water, poking with burning cigarettes, electric shocks, groping, burning parts of the body, forced kissing, forced masturbation, forced oral sex and rape.

"Even in Banda Aceh and Lhokseumawe, where sharia law applies, the police, public order officers and sharia police commit torture and sexual harassment," Restaria said.

Justice and Human Rights Ministry director general for human rights Harkristuti Harkrisnowo said she appreciated the research despite "minor flaws and ambiguity in the methodology".

"We are now developing a complaint procedure mechanism for defendants and convicts. This year alone, we received 1,035 complaints. Four hundred and four resulted in recommendation letters to related institutions, mostly the police.

"Yes, it was in line with this study. The police get the most complaints of all legal officials. We have been continuously sending complaint letters to the police, from local police chiefs to the National Police chief," Harkristuti said.

Junior attorney general for general crimes Hamzah Tadja said he heard the police "often soaked suspects in water in order to obtain information". "Human rights abuses are not allowed under any circumstances. No single reason can allow law enforcers to commit torture," he said.

National Police head of public information Sr. Comr. Boy Rafli Amar said the police saw the results of the study as a way to improve. Boy said the police had strict punishments for officers found violating regulations or torturing civilians.

The Commission for Missing Persons and Victims of Violence (Kontras) also discussed violent police officers in their annual remarks on human rights in the country. Kontras coordinator Haris Azhar said Tuesday that the police had committed the highest number of acts of violence and human rights abuses against the public in 2010.

Human rights protection deteriorates further in 2010 - Kontras

Kompas - December 29, 2010

Jakarta – The protection of human rights in Indonesia has further deteriorated over 2010. At an end of year press conference in Jakarta on Tuesday December 28, a team from the Commission for Missing Persons and Victims of Violence (Kontras) concluded that the state's respect for, protection of, and fulfillment of human rights in the judicial field has become increasingly minimal.

In an email, Kontras coordinator Haris Azhar outlined the problems related to the lack of protection for human rights in 2010.

One problem that has become of concern is attacks on human rights and democracy activists with the latest being the murder of a journalist in West South-East Maluku on December 17, the weakness of police accountability with 34 cases of violence resulting in the death of eight people, the poor treatment of political prisoners (cases of violence against South Maluku Republic separatist movement activists) and the failure of the state to guarantee freedom of religion and worship (the many cases of violence committed by groups against people of different faiths).

The other big problem has been violence in Papua (11 cases) and the impunity enjoyed by human rights violators because of the House of Representative's (DPR) low political commitment to resolving these cases.

Kontras gave Indonesia's role in campaigning for human rights in ASEAN a positive score. Reform of the Indonesian military (TNI) meanwhile is homework that to this day, has yet to be completed.

"Kontras welcomes the statement by the new TNI commander-in- chief, Agus Suhartono, when undergoing a fit and proper test at the DPR, [when he] admitted there was still a deficit in the TNI's reform agenda. We agree that there are three deficits in the agenda, namely reform of the territorial command structure, completing the transfer of the TNI's business interests and revision of the military justice system", said Azhar.

The Kontras team concluded that after 12 years of political transformation in Indonesia, four amendments to the Constitution and three general elections, Indonesia is still plagued by problems of violence and the failure to punish the perpetrators of this violence.

The regeneration of the leadership in judicial institutions has failed to bring with it any good news in terms of (legal) efforts to protect victims and vulnerable groups in Indonesia.

As outlined above, this sense of insecurity and lack of guarantees has in fact been caused by state institutions and officials. The police are the institution has been most dominant in exhibiting a disposition of violence and discrimination in 2010. (ONG)

[Translated by James Balowski.]

Government urged to ratify disappearance convention

Jakarta Post - December 23, 2010

Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) urged the government to ratify the International Convention for the International Convention for the Protection of All Persons from Enforced Disappearance, which come into full force globally Thursday.

"It's very important for the government to ratify the convention as soon as possible, in regards to our long history of human rights violations and kidnappings," Kontras coordinator Haris Azhar said Wednesday.

He cited the 1965 massacre of suspected members of the Indonesian Communist Party (PKI), the mysterious 1983 shooters, the 1984 Tanjung Priok shootings and the 1998 activists abductions.

To date, the convention has been ratified by 21 countries and signed by 88 since the United Nations (UN) opened it for signing in February 2007. Indonesian Foreign Minister Marty Natalegawa signed the convention on Sept. 27.

"We appreciate the signing but ratifying is far more important. The convention's ratification will prevent enforced disappearances happening again in the future. It will also be a symbol of admittance that enforced disappearance is a very serious crime against humanity," Haris said.

2010 sees decline in justice and human rights: Report

Jakarta Post - December 23, 2010

Jakarta – The government's commitment to upholding justice and human rights has declined, a recent report issued by the Jakarta-based LBH (Legal Aid Institute) says.

"This year we saw a decline in the commitment of the government and law officials to enforce the law and uphold human rights in Indonesia," LBH Jakarta foundation director Nurkholis Hidayat said Wednesday, as quoted by Antara.

According to the report, Compromising With Justice: The Portrait of Law and Human Rights Enforcement in 2010, the number of complaints in 2010 was higher than it had been for the past five years, with a total of 1,150 complaints and 146,478 victims.

Most cases involved social and political sectors, particularly violations of the human right to unite and assemble, and also unfairness in the justice system.

Victims were mostly workers, entrepreneurs, housewives and the unemployed, while complaints mostly came from Jakarta, Bekasi and Tangerang.

Reviewing the report, LBH Jakarta urged the government to uphold "equality before the law". "We see the need for the government to come back and lead the law and human rights enforcement process indiscriminately," Hidayat said.

'Gloomy year' for human rights enforcement: NGO

Jakarta Post - December 23, 2010

Irawaty Wardany, Jakarta – The Jakarta chapter of the Legal Aid Foundation said that 2010 was a gloomy year for law enforcement and human rights.

"Over the year we saw a degeneration of the government's commitment to uphold law and human rights," Restaria F. Hutabarat from LBH Jakarta's research, development and study division told a press conference at the foundation's headquarters on Jl. Diponegoro, Central Jakarta, on Wednesday.

She said there was tendency for the government's legal institutions not to give substantial justice to the people, whereas people were becoming more aware of their rights.

The tendency was evinced by the increasing number of cases reported to LBH Jakarta. "During 2010, we received 1,150 cases that were mostly reported collectively, by groups of people," Restaria said.

The figure for 2010 was up from 1,060 cases in 2009, she added. "Most of the cases reported to LBH Jakarta were dominated by labor issues, followed by civil and political rights violations and urban and family cases," she said.

Labor cases mostly involved unfair working contracts, arbitrary layoffs and violations of basic labor rights regarding salaries, vacations and insurance, Restaria said.

Violations of civil and political rights involved criminal law, a lack of transparency in the judiciary, legal inequalities and torture, she said.

Urban cases were dominated by forced evictions, such as happened in Ciracas, East Jakarta and Guji Baru, West Jakarta; in addition to the eviction of the Cina Benteng Chinese-Indonesian community in Tangerang and a land ownership dispute case in Koja, North Jakarta.

LBH Jakarta also recorded an increasing number of torture allegations made by criminal suspects after police interrogation. "This year we recorded 10 torture cases filed with us, twice the number from last year," Restaria said.

The cases reflected the general tendency of police officers to spend less time on cases implicating or reported by poor people, she added.

"We also see a threat to religious freedom as the escalation of violence towards minority religious groups has increased," Restaria said, adding there was a eight religious freedom complaints lodged with the LBH Jakarta.

A report by Moderate Muslim Society's (MMS) released on Tuesday showed a similar pattern of incidents, recording 81 cases of religious intolerance in 2010, up from 59 cases in 2009. Most cases occurred in Greater Jakarta areas of Bekasi and Bogor, and in Garut and Kuningan in West Java.

Unfortunately, according to Restaria, the government – starting with the President and ministers and down to law enforcement agencies and regional administrations – had also contributed to the escalation of violence towards religious minorities. "They legitimized the attacks or turned blind eyes to the assaults," she said.

LBH recommended the government show its commitment to upholding the law and human rights and maintain principle of equality before the law.

Freedom of expression & press

Mob attacks journalists in Central Sulawesi over news story

Jakarta Globe - December 30, 2010

Jakarta – Two journalists were injured when a group of men attacked their newsroom in Palu, Central Sulawesi, on Thursday.

According to a release by the Alliance of Independent Journalists, a group of 30 men from the Kaili Youth Front (FPK) attacked the alliance's Palu office at 10.30 a.m. The office is also the newsroom of online news site beritapalu.com.

They damaged the office and assaulted the chairman of Palu's AJI, Ridwan Lapasere, and another AJI official, Muhammad Sharfin. The two men said police were present during the attack but were unable to do anything.

The mob attacked the journalists over a story about a youth organization published on beritapalu.com. The group of men were angry over what they felt was unfair coverage of one of the organization's officials, Erwin SL.

"When I was about to explain the content of the news story to them, somebody smashed something to the floor and the rest of the group began damaging the office," Ridwan said.

Ridwan and Sharfin both suffered head injuries from the beating.

"We have reported the attack to the police. They have to arrest the perpetrators because it's a criminal offense," Ridwan said. "The case must be investigated thoroughly so everyone can learn a lesson," he said.

It was only one in a string of violent attacks against journalists in Indonesia this year. In August, the death of TV journalist Ridwan Salamun during a clash between villagers in Tual, Maluku, led to demonstrations and calls for greater protection for journalists.

Ridwan, a contributor for Jakarta-based Sun TV, was killed while covering a clash between residents of Banda Eli and Mangun, a hamlet in Fiditan village, in Tual, Southeast Maluku.

His death sparked nation-wide calls for better protection of journalists. In Bali, a group of 70 journalists marked Ridwan's death by staging a demonstration of solidarity in Denpasar, while a similar rally was held in Jakarta by members of a journalist forum. (JG & Antara)

Group says 2010 another bleak year for journalists

Jakarta Post - December 29, 2010

Jakarta – Journalists continued to work under grave threat of violence in 2010 with four journalists reportedly murdered and two media outlet offices assaulted this year.

The Alliance of Independent Journalists (AJI) said in its year-end statement Tuesday that the number of cases of violence against journalists nationwide increased from 37 in 2009 to 47 this year.

The group, which was established during the authoritarian rule of Soeharto, said that the cases included those in which journalists were murdered or died mysteriously.

The latest case took place on Dec. 17 when the editor-in-chief of Pelangi Melaku tabloid in Maluku, Alfred Mirulewan, was found dead with wounds on his body. He had been involved in investigative coverage of allegations of illegal fuel storage in the province.

AJI reported that at least 15 journalists were physically assaulted this year and two media offices were attacked by unknown assailants.

AJI chairman Nezar Patria said the group was concerned over the rising violence, saying that the situation might not get better in the coming years should the police fail to handle these cases seriously.

"From all these years of advocacy and out of these many cases, only the murder case of the daily newspaper Radar Bali reporter, Anak Agung Prabangsa, was provided a serious investigation and has been brought to court," Nezar told reporters.

The murder of Anak Agung prompted the international non-government organization, the Committee to Protect Journalists (CPJ), to place Indonesia on a list of 14 countries where journalists were thought to be frequently in danger.

AJI also highlighted the soaring number or media workers being laid off by their employers.

It said about 500 media workers were dismissed in the first semester of this year. This figure increased by almost five times from 100 journalists sacked between November 2008 and April 2009.

"Our findings revealed that these media workers were dismissed because they strived to set up or empower unions in their efforts to counter vague working contracts and [improve] welfare," AJI union advocacy coordinator Winuranto Adhi said.

Many companies in regions throughout the country were still paying their journalists under the minimum salary set by each local administration, he added.

The group said low wages often led to journalists violating their own code of ethics.

In November, some members of the Indonesia Stock Exchange (IDX) Journalist Forum were accused of trying to extort PT Krakatau Steel (KS) management and its underwriters in the company's recent initial public offering (IPO). The forum denied the allegations, but several journalists linked to the scandal resigned or were dismissed after the Press Council probed the case.

AJI also noted another failing of the press in 2010. AJI coordinator on woman issues Rach Alida Bahaweres said that journalists needed to be more cautious in covering and providing news on women's and children's issues.

Her research conducted from July to September on seven national daily newspapers showed that the names of victims of sexual abuse were not sufficiently camouflaged as required by the journalistic code of ethics. (rch)

Politics & political parties

Democrats rebuke critics in coalition

Jakarta Globe - December 29, 2010

Anita Rachman – Obviously irritated by the barrage of criticism aimed at the government by its ruling coalition partners, Democratic Party executives on Wednesday called on coalition parties to keep their members on a leash.

"If the comments are not the official party line, then we ask them to stop it – it only serves to disturb the coalition's solidarity," said Saan Mustopha, the Democrats' deputy secretary general.

"I hope the leaders of all [member] political parties can tell their cadres to stop the infighting. If this gets any bigger, it could hurt the coalition."

Saan did not mention any parties by name, but is thought to have been referring to the Prosperous Justice Party (PKS) and United Development Party (PPP), whose executives have recently been outspoken in their criticism of the coalition and its joint secretariat.

Members of both the PKS and PPP have spoken out publicly about the management of the coalition, the dominance of the coalition's two largest parties – the Democrats and the Golkar Party – and the lack of communication between member parties.

They also raised the idea of forming a "central axis" within the coalition that would group together its four mid-sized members, all Islamic-oriented parties. The Democrats and Golkar, however, have dismissed the idea as unnecessary.

Jafar Hafsah, the head of the Democrats in the House of Representatives, was more blunt about the coalition infighting, saying that if political parties had problems, they could leave the coalition at any time. "We are not going to hold on to them," he said.

Jafar also accused some of the coalition members of having reneged on their initial promise of solidarity. Instead of presenting a united front on various issues, he added, the coalition had rather been plagued by dissent.

Saan said the aim of the coalition was to create unity both in the legislature and executive. At it is now, he said, member parties in the House often oppose policies that had already been agreed to by the coalition. "Now that is a coalition whose members are only interested in their own gains," he said.

Syarif Hassan, who represents the Democrats in the coalition's joint secretariat, or Setgab, said he was sure the idea of a central axis would never materialize, and that although there had been differences on certain issues between the parties in the past, the lines of communication were still open between all coalition members.

Member parties, he added, needed to be committed to the coalition. "We need to stand together to build this nation," he said.

Syarif also dismissed rumors the Democrats were eager to have the opposition Indonesian Democratic Party of Struggle (PDI-P) join the coalition, saying any talks between the two had been part of the Democrats' regular communications with all parties, including those in the opposition.

A senior PDI-P official, Taufik Kiemas, on Tuesday said an alliance with the Democrats as part of the 2014 presidential election campaign would be more viable than one with Golkar.

Taufik, who chairs the PDI-P's advisory board and is also the husband of party chairwoman Megawati Sukarnoputri, said that unlike Golkar, which is widely expected to nominate its chairman, Aburizal Bakrie, for the presidency in 2014, the PDI-P and the Democrats had no obvious candidates at the moment.

President Susilo Bambang Yudhoyono, the Democratic Party's patron, is prevented by law from running for a third five-year term in 2014. Megawati, who has launched two losing bids for the presidency, is seen as unlikely to mount a third bid for the office.

But Jafar dismissed Taufik's overtures. He said that as the country's largest party, the Democrats would obviously nominate their own candidate for the presidential election. "Of course we have [candidates]," he said. "Just because Pak Taufik doesn't know about them, doesn't mean that we don't have any."

The Democrats have so far not named any possible candidates for the 2014 presidential race, and do not appear to be grooming anyone to make a run.

Observers have said that there are no obvious presidential candidates inside the Democratic Party who could maintain unity as well as Yudhoyono has done.

Yudi Latief, a political expert from the Reform Institute, however, said on Tuesday that talk of an alliance between the Democrats and PDI-P was political posturing aimed at bolstering both parties' short-term interests ahead of the polls.

PKB urges Yenny to establish her own party

Jakarta Globe - December 29, 2010

Anita Rachman & Candra Malik – Chances of reunifying the deeply split National Awakening Party are now even slimmer with the legally recognized faction urging the leader of a splinter group to found a new political party under a different name.

Abdul Kadir Karding, head of the official party's executive board, said stealing other political parties' names and symbols was strictly forbidden by law. He said that if rival faction leader Yenny Wahid wanted to have her own party, she was advised to establish a new one.

"We are not afraid, Yenny's camp doesn't pose a threat to us at all," Abdul said. "But please, have some self-confidence. Announce a new party with a new name."

The party, also known as the PKB, was founded by former President Abdurrahman Wahid, known popularly as Gus Dur, whose name still resonates among Nahdlatul Ulama members, the party's main constituents.

The party split in 2004 when Gus Dur dismissed Muhaimin Iskandar as the PKB's secretary general after an internal spat.

Muhaimin contested his dismissal in court and won. He organized a congress that elected him as chairman and the government recognized his camp as the official bearers of the party name.

Yenny, whose birth name is Zannuba Ariffah Chafsoh Rahman, is Gus Dur's second daughter. She was elected leader in a congress held on Monday by the party faction aligned with her father.

She has talked about setting up a new party to contest the 2014 election. But she also said she would continue to consolidate with PKB branches throughout the archipelago.

Leaders in Muhaimin's camp – including Muhaimin, the minister of manpower and transmigration – have repeatedly insisted that Yenny can no longer run as a PKB member because she campaigned for the Great Indonesia Movement Party (Gerindra) in the 2009 elections.

"I doubt that she has branches, what branches? All branches are with us," Abdul said, adding that Yenny did not have her late father's clout.

"After the congress, our agenda is to immediately carry out internal consolidation right down to the branches in the district board," Yenny said on Wednesday.

"For us, the name of the party is a secondary priority," she said, without ruling out the possibility to continue efforts in making peace with Muhaimin's faction.

However, she questioned Muhaimin's objection to her faction using the same name, saying that parties should be defined by their efforts to uplift the people and not by name alone.

"Is he concerned that his camp will suffer the same fate as the PDI [Indonesian Democratic Party] of the government-approved Surjadi faction that was later defeated and disbanded after Megawati Sukarnoputri founded the Indonesian Democratic Party of Struggle [PDI-P]?" she said.

PDI-P again raises talk of alliance

Jakarta Globe - December 28, 2010

Anita Rachman & Ronna Nirmala – An unexpected alliance between the ruling Democratic Party and opposition Indonesian Democratic Party of Struggle could be in the cards for the 2014 presidential election.

Taufik Kiemas, chairman of the advisory board for the party also known as the PDI-P, on Tuesday said that without obvious picks for a presidential candidate, both parties could end up on the same ticket in 2014.

"The PDI-P and the Democrats both don't have candidates for the next presidential election... so we could go forward together," said Taufik, who is the husband of PDI-P chairwoman and former President Megawati Sukarnoputri. "Three years is a short period of time."

President Susilo Bambang Yudhoyono, the Democrats' patriarch, is prevented by term limits from running in 2014, while Megawati "will probably not run either," Taufik said.

This, he argued, made analliance with the Democrats far more likely than a PDI-P deal with the Golkar Party, which will almost certainly field its own candidate in 2014.

The Democrats are the biggest party in the country, based on results from the 2009 general elections, followed by Golkar and the PDI-P. Golkar joined the Democrats' political coalition shortly after the elections, while the PDI-P remained in opposition.

But Taufik's remarks on Tuesday highlight an increasing acceptance by senior PDI-P officials to embrace the Democrats. The two have been at loggerheads ever since Yudhoyono left Megawati's administration to join the then-nascent Democrats.

In March, Megawati ruled out any chance that her party would accept cabinet seats in Yudhoyono's administration. However, her daughter and a senior cadre, Puan Maharani, said in October that joining the cabinet was a realistic option.

Puan later revised her statement following an outcry by other officials, saying the decision to ally with the Democrats was not hers to make but had to be approved by the PDI-P's congress.

Taufik also weighed in, saying the PDI-P was not interested in joining the ruling coalition simply to get a few token cabinet seats. "That would be a political transaction, and we don't want that," he said.

He also criticized the coalition's joint secretariat, which he said ran counter to democratic principles. "Thus, we don't want to join the coalition," he said.

Party stalwarts, however, have balked at the idea of sharing a presidential ticket with the Democrats in 2014.

Tjahjo Kumolo, the PDI-P's secretary general, was adamant that the party had not yet reached a decision on who to nominate or which parties to side with in the next polls. "The PDI-P is communicating with all parties, but has yet to discuss the strategy for 2014," he said.

Tjahjo denied there had been talks about the PDI-P joining the ruling coalition to strengthen the Democrats' hand against an increasingly belligerent Golkar, saying all decisions on the party's future would only be issued at its next congress in 2011.

"The PDI-P will not be used as a tool to boost any other party's bargaining position," he said.

He added that while the party had held talks with the Democrats, they did not touch on any key issues. "Yes, we've had some discussions with the Democrats, but they weren't about strategy or strengthening the ruling coalition," he said.

Saan Mustopha, a deputy secretary general for the Democrats, confirmed the talks had not been about forming an alliance. "They weren't technical talks about the 2014 polls, we're just intensifying our communication," he said.

"Talk [of working together] is still far ahead, it's at the conceptual stage. Our main concern today is how to keep the government functioning well until 2014."

Yudi Latief, a political expert from the Reform Institute, said it was unlikely that any ongoing discussions between the parties could be concluded in time to nominate a mutual candidate for the 2014 presidential election, although the political climate was dynamic and things could change in a matter of weeks.

The discussions, Yudi said, were aimed at bolstering the parties' short- term interests ahead of the polls.

"For the Democrats, the talks will serve to underscore their authority over the coalition members," he said. The PDI-P, he said, simply wanted to show it was still a political force to be reckoned with.

Yenny Wahid stakes claim to half of Indonesia's divided PKB

Jakarta Globe - December 27, 2010

Amir Tejo & Anita Rachman, Surabaya – Yenny Wahid was elected as the new chairwoman of one of the divided National Awakening Party's two factions on Monday.

The new chairwoman, whose full name is Zannuba Ariffah Chafsoh Rahman Wahid, was elected by acclaim in a congress held by the party faction aligned with her late father, PKB founder and former President Abdurrahman "Gus Dur" Wahid.

"Of the 33 regional chapters present, two abstained from voting while the rest chose Yenny, so we can say that she won by acclaim," said Imron Rosyadi, head of the congress.

Ahmad Syahid was elected as head of the faction's advisory board at the congress.

Yenny held out an olive branch to the other PKB faction, headed by Muhaimin, issuing an invitation to the congress that was summarily rejected. Officials from Muhaimin's faction said the congress was not held by the state-recognized party and therefore was not legitimate.

The factional split occurred in 2004, when Gus Dur dismissed Muhaimin as the PKB's secretary general. Muhaimin contested his dismissal in court and won. He then held a rival congress that elected him as chairman, and his position was later recognized by the government.

"We have taken the initiative, now the ball is in their court," Yenny said. "If they want to make peace, they are welcome."

She would not speculate on the chances of the party overcoming its differences before the 2014 elections, or whether her faction would make the split official and form a new party.

"What is important now is to internally consolidate the party," she said. "Whether we will form a new party or not is something to decide later."

Adhie Massardi, a PKB executive from Yenny's faction, said he was hopeful the split could be resolved before the elections.

"Establishing a new party and working toward reconciliation would require the same amount of energy," he said. "There is still a long time before the elections, so the possibility of a peaceful settlement remains."

Marwan Jafar, chairman of the PKB faction in the House of Representatives and head of the executive council of Muhaimin's faction, said Yenny had not been considered a PKB member since 2009, when she campaigned for another political party, the Great Indonesia Movement Party (Gerindra), in the general elections.

He said the PKB under Muhaimin had extended several invitations to Yenny, including to the national congress, but she had always refused.

Also during the congress, members voted for the legislative and presidential election thresholds to be set at 5 percent.

Yenny said the faction supported raising the legislative threshold, currently at 2.5 percent, to streamline the legislature. The legislative threshold is the number of votes a party must receive in general elections to take a seat in the House.

Putting the presidential election threshold at 5 percent, she added, would allow all parties that made it into the House to nominate their own candidates for the presidential election.

"The more presidential candidates there are, the better, so that the people can have more choice," she said.

Indonesia's PKB remains a party divided

Jakarta Globe - December 26, 2010

Amir Tejo & Anita Rachman, Surabaya – Hopes that the warring factions of the Islam-based National Awakening Party would reunite here were dashed when a party congress opened on Sunday without chairman Muhaimin Iskandar.

Yenny Zanuba Wahid, leading the faction loyal to her late father, former president and party chairman Abdurrahman "Gus Dur" Wahid, opened the two- day congress of the party known as the PKB, which is being attended by some 2,000 members.

"We implore Muhaimin Iskandar to come to the congress. Please sit as the party chairman, we will not be making it an issue," she said. "As long as Muhaimin wants to give back Gus Dur's dignity and position, and acknowledges him as the party's advisory council chairman."

The PKB has been riven by internal strife since 2004, when Gus Dur, who helped establish the party after the downfall of former President Suharto in 1998, dismissed Muhaimin as secretary general.

Yenny described the two PKBs in existence today as the original and the official one. The original refers to her camp, those loyal to her father, while the official party, Muhaimin's camp, is the one recognized by the courts.

Muhaimin contested his dismissal in court and won. He held a rival congress that elected him chairman, and was legitimized by the government.

But Yenny said both were now insignificant because they stood alone. In the 2009 legislative elections, the party won just 4.9 percent of the vote, significantly lower than the 10.6 percent in 2004.

"Legality is indeed important, but people's trust is more important. Thus, I ask Muhaimin to come to the congress and consolidate [the party's] strength," she said.

Despite the plea, no official from Muhaimin's camp is attending the congress. Top figures at the congress included Rizal Ramli and Khofifah Indar Parawansa, who served as ministers under Gus Dur.

Choirul Anam, chairman of the Ulema National Awakening Party (PKNU), which was formed in response to the PKB's disunity, is also attending the congress, but denied his presence signalled a reunion. "I came because I got the invitation," he said. "I am a loyal student of Gus Dur. I respect him."

Marwan Jafar, the chairman of the party's House faction and head of the executive board from Muhaimin's camp, said the Surabaya meeting was not an official PKB congress. "A congress would involve official members... we have not received any invitations," he told the Jakarta Globe. "Yenny is not a PKB cadre. In 2009, she campaigned for the Great Indonesia Movement Party [Gerindra]."

M. Khudori, a political expert from Indo Barometer, said the only solution to the problem was for Yenny's camp to set up a new party. "It is better to form a new party rather than draining everyone's energy on legal issues," he said.

Arwani Thomafi, deputy secretary general of the United Development Party (PPP), another Islam-based party, said many PKB clerics unhappy with the party's infighting were mulling moving to the PPP. "They feel the parties are belittling themselves," he said.

On Saturday, dozens of clerics declared in Kediri, East Java, that they were joining PPP. Marwan, however, said no PKB clerics were among the group, only those from the breakaway PKNU.

PKS frustrated with coalition's inner workings

Jakarta Globe - December 26, 2010

Anita Rachman – Prosperous Justice Party chairman Luthfi Hasan Ishaaq on Sunday dismissed rumors that the party had issues with other parties in the government coalition, but said the coalition did need better management.

Luthfi said his party, better known as the PKS, had never questioned the coalition itself. What it has done, he said, is criticize the coalition's management and internal communication. He said the PKS had also urged the coalition to have a more visionary agenda.

"We want the coalition to meet regularly, and for all activities to be well planned so there will be no rush," he said. "There are cases where the coalition's secretariat notifies members just one or two days before a meeting, and if you miss it, you are considered to agree with whatever is decided."

The joint secretariat – headed by managing chairman Aburizal Bakrie of the Golkar Party and secretary Syarif Hassan of the Democratic Party – was reputedly set up to "facilitate better communication" between the ruling Democratic Party and its political allies.

Politicians from the PKS and the United Development Party (PPP) have criticized the joint secretariat, saying that its two largest members – the Democrats and Golkar – were dominating the coalition. They cited the example of the government going ahead with the draft bill on Yogyakarta's special status without consulting its coalition partners.

Saan Musthopa, deputy secretary general of the Democratic Party, in response invited the PKS to reconsider its membership if the party was unsure about the benefits of remaining in the coalition.

But Luthfi said: "We are staying [in the coalition]. The joint secretariat is needed, we just need to improve its management." Anis Matta, PKS general secretary, said the coalition must not be allergic to criticism.

A clear policy-making framework is already in place, he said. Policies passing through the joint secretariat must be discussed at three levels: political parties, the cabinet and factions in the legislature. But Anis added that this did not always happen, effectively making the joint secretariat a mere rubber stamp for the government.

"The joint secretariat must serve as the kitchen of the coalition, to serve the people – not just to socialize policies that have already been decided on unilaterally, essentially serving the elite's interests," he said.

Anis added that all policies must be discussed thoroughly with all coalition members. "Look at the case of Yogyakarta's status. We have been discussing it since 2007, but now we are pushed to pass it," he said, referring to the bill that proposes that the governor of the special territory be no longer automatically appointed but elected.

The PKS had said it supports the current practice of automatically appointing the sultan of Yogyakarta as the governor of the territory. "The debate is over now and we are just asked to back down – so much for our credibility as a political party," Anis said.

However, he said there were no structural issues between the PKS and other coalition members, including the Democrats and Golkar. "We are fine," he said.

The Democrats' Saan said that all decisions made by the coalition were always endorsed by all members. But he added that he was hoping for a more solid performance of the joint secretariat next year.

"Not only the format of communication needs improvement, but also its intensity," he said. "But most importantly, we need to build trust among the members of the coalition."

House of Representatives, between Setgab and the high cost of politics

Kompas - December 24, 2010

M Hernowo and Anita Yossihara – The Joint Secretariat (Setgab) of political parties supporting the administration of President Susilo Bambang Yudhoyono. This was one of the important political "breakthroughs" in 2010, and the controversy surrounding it has continued to this day.

When revealed to the mass media in early May this year, then Democrat Party faction chairperson Anas Urbaningrum described it as a brilliant political initiative on the part of President Yudhoyono. The Setgab would be a place to discuss and agree on issues and strategic agenda, which would then be implemented by the political party coalition members.

In theory, the Setgab does hold an extraordinary powers, being able implement all strategic agenda that they have agreed on. The group is headed up directly by Yudhoyono and Golkar Party General Chairperson Aburizal Bakrie as the managing chairperson. With a membership comprising six political parties, namely the Democrat Party, the Democrat Party, the Golkar Party, the Justice and Prosperity Party, National Mandate Party, United Development Party (PPP) and the National Awakening Party, the Setgab control 423 out of 560 seats in the House of Representatives (DPR), or 75.5 percent.

A number of Setgab decisions have also become reality in the DPR, such as that taken at a Setgab meeting on September 21. Setgab secretary Syarifuddin Hasan from the Democrat Party announced that the Setgab supported the national police (Polri) chief and armed forces (TNI) chief candidates proposed by President Yudhoyono. On the selection of a new Corruption Eradication Commission (KPK) head to replace former chairperson Antasari Azhar, PPP faction secretary Romahurmuziy said the Setgab supports the older of the two candidates.

Both statements became reality. President Yudhoyono's nomination of Admiral Agus Suhartono as the next TNI chief and Police General Timur Pradopo as the next chief of Polri were both automatically accepted by the DPR. Busyro Muqoddas, who was born in 1952, also defeated Bambang Widjojanto (born in 1959) in the selection of the new KPK chairperson.

Before being taken before the DPR, a number of problems were also discussed beforehand in the Setgab. Before the government submitted the Draft Law (RUU) on the Special Status of Yogyakarta to the DPR on December 16, the Setgab had already held a meeting to discuss the matter with Home Affairs Minister Gamawan Fauzi on December 9.

The six political parties that currently make up the Setgab's membership also fill all the positions on the DPR's Honorary Council (BK) in the aftermath of the unresolved conflict on the DPR's oversight body. This is because the Indonesian Democratic Party of Struggle (PDI-P) faction, which should hold the chair of the BK withdrew its two members and has not replaced them. The Greater Indonesia Movement Party (Gerindra) and the People's Conscience Party (Hanura) were not allocated positions on the BK.

After the Setgab was established and Sri Mulyani Indrawati resigned from her position as Finance Minister to become a managing director with the World Bank, a full resolution into the Rp6.7 trillion Bank Century bailout case, which created such an uproar in the DPR, also now seems unlikely.

"In the Bank Century case, the DPR killed off its own authority. The DPR failed to respect the decision that it made itself in the case," said Yudi Latif from the Reform Institute. On March 3, the DPR decided that among other things, there was alleged misuse of authority in the Bank Century case.

The end result of all this said Latif, is that 2010 became the year of political collapse. This occurred because it is as if politics as an instrument of joint problem solving lost its way because it is controlled by parties that are dictated to by their members on the Setgab.

In the shadow of Setgab

This collapse of politics in the DPR is becoming increasingly more tangible. The DPR's political actions are being overshadowed by the "interests" that emerge in the Setgab. Many decisions taken by the DPR have already been decided beforehand in the Setgab. Yet the Setgab is not a body regulated under law while the DPR is clearly regulated under the 1945 Constitution.

At the same time, DPR members endeavour to take maximum advantage of their positions to foster material benefits and secure political positions. As well as this being caused by their unclear future political careers, this has also been triggered by the high cost of politics.

Romahurmuziy related how the campaign costs for DPR members in the 2009 elections were between 300 million and 10 million rupiah. The average monthly income of a DPR member meanwhile stands at 70 million rupiah, so over a five year period they received 4.2 billion rupiah.

This situation has given rise to several odd proposals in the DPR over 2010, such as the 15 billion rupiah aspiration fund for each DPR member, the 1.2 trillion rupiah construction of a new DPR building and the disbursement of 1 billion rupiah for each village in the country.

Moreover the Setgab was also used as a bargaining position to push through these "exotic" proposals by DPR members. DPR Deputy Speaker Priyo Budi Santoso from the Golkar Party once stated that the party has begun to consider leaving the Setgab because they felt abandoned over the aspiration fund proposal for each DPR member. In a situation such as this, it is not strange then that almost all of the DPR's working targets for 2010 failed to be met. In the case of legislation for example, out of the 70 draft laws in the 2010 national legislation program (Prolegnas), only eight were able to be ratified into law.

Ironically, by the end of 2010, no efforts were visible to improve the DPR's performance. The Prolegnas target for 2011 still stands at 70 draft laws. Efforts to limit political costs through clear and detailed regulations do not appear to have been seriously pursued yet. The DPR also appears unwilling to uphold the DPR's internal code of ethics, as can be seen from the failure to resolve the conflict within the DPR's honorary council.

It is not strange therefore that in the end disappointment with the institution and members of the DPR has continued because reform it seems, is still a long way off for the parliament...

[Translated by James Balowski]

Revised law may not boost parties accountability

Jakarta Post - December 23, 2010

Jakarta – Despite amendments to the law on political parties attempts to ensure accountability, critics say the changes will not prevent political parties from taking the interests of their benefactors into account.

One of the amendments raises the donation limit for a private company from Rp 4 billion (US$444,000) to Rp 7.5 billion a year.

Mulyana W. Kusumah of Seven Strategic Studies said he did not believe political parties that took donations from private companies could remain independent.

He cited a case from Germany, referring to the German Social Democrat Party, which received a donation from an automotive company in February of last year. The following month the country created a policy that supported the industry.

Indonesian Civilized Circle director Ray Rangkuti expressed a similar sentiment as Mulyana, and also said he doubted the new requirement to have the balance sheets of each party audited could be carried out by political parties in the country.

The House of Representatives last week passed revisions to the 2008 Law on Political Parties that would significantly alter the requirements to set up new parties, as well as funding sources.

The revisions to the law require a new political party to have 30 members in each province and branch offices in 75 percent of cities and regencies, as well as half of the districts in the country.

They also require the annual budget of political parties to be audited by public accountants, despite the fact that the law does not stipulate any sanctions if they fail to do so. Failing to report donor lists and amounts will result in a mere formal warning from the government.

"The public must understand that donations are nonbinding. The private sector is not obligated to donate," politician Arif Wibowo of the Indonesian Democratic Party of Struggle (PDI-P) said Wednesday.

Arif said a company usually donated if it sympathized with a party, but that did not guarantee that a company then had the right to interfere in the party.

The revisions also mandate that political parties use funding from central and local governments for political education for their members and citizens, and report allocations to the Supreme Audit Agency. Failure to abide to this would cause their funding to be suspended.

"This revision was made in order to increase the professionalism of political parties," politician Abdul Malik Haramain of the National Awakening Party (PKB) said, adding that the obligation to provide political education will require more money.

Abdul said the audits would make funding sources transparent and accountable.

Hasyim Asy'ari, a political observer from Partnership for Governance Reform (Kemitraan), said he feared boosts in party donations, from both private companies and individuals, were political tools to maintain certain interests.

"Does the law stipulate detailed mechanisms for such funding? Failure to specify the mechanism would mean there are big loopholes that can be used by certain actors," he said.

Hasyim said there should be a mechanism for monitoring and evaluating funding. The law stipulates that individuals who are not members of the party can donate up to Rp 1 billion to a party a year, but again, it is not strict on how these donations can be used, Hasyim said. (rch/ipa)

Revisions to the 2008 Law on Political Parties

A new political party must have at least 30 founding members in each of the country's 33 provinces, or about 990 members.
Political parties should have offices in at least 75 percent of the cities and half of the districts in all the provinces in the country.
Political parties can change their charters based on the situation.
Political parties should use their financial support for member development by educating them on the nation's four pillars and their rights and obligations as citizens.
Political parties, including those that have had seats in the House of Representatives, will be verified at the latest two and a half years before the next general election takes place.

[Source: House of Representatives.]

Democrats say coalition body in need of review

Jakarta Globe - December 23, 2010

Anita Rachman – Amid a rash of complaints from coalition parties, the ruling Democrats said on Wednesday that the joint secretariat charged with managing the pro-government coalition was in need of review.

"We need an evaluation so that the joint secretariat's communication can be even more solid in 2011," said Saan Mustopha, deputy secretary general of the Democratic Party.

The joint secretariat was established in May by the ruling coalition to unify pro-administration parties at the House of Representatives. The body is chaired by President Susilo Bambang Yudhoyono.

Saan's statement came after a series of remarks by coalition members criticizing the joint secretariat, currently managed by Golkar Party chairman Aburizal Bakrie and Democratic Party secretary Syarif Hassan.

On Sunday, M. Romahurmuziy, deputy secretary general of the United Development Party (PPP), told the Jakarta Globe the secretariat was rife with dishonesty and had devolved into little more than a forum for bickering among rival coalition members.

Anis Matta, secretary general of the Prosperous Justice Party (PKS), said on Wednesday that the secretariat had become a rubber stamp to approve the government's policies.

The secretariat "has disobeyed the agreement: that the joint secretariat would serve as the coalition's kitchen. It [is meant to] discuss basic government policies," Anis said.

He cited the recent draft revision on the special status of Yogyakarta, saying the government did not invite coalition members to discuss it. "I think we need a year-end evaluation," he said.

Mahfudz Siddiq, deputy secretary general of the PKS, said on Tuesday that the dynamics in the secretariat had shown that the two largest parties in the coalition, the Democrats and Golkar, had "wed politically" for their own purposes, squeezing out the other members.

Divisions in the secretariat were further highlighted on Wednesday when Tjahjo Kumolo, secretary general of the opposition Indonesian Democratic Party of Struggle (PDI-P), claimed that three coalition parties – the PKS, PPP and the National Mandate Party (PAN) – had recently approached his party and discussed joining the opposition.

When the secretariat was created in May, opposition parties saw the move as an attempt by the Democrats to consolidate power and ensure the loyalty of their allied factions, many of which had opposed the Democrats' attempt to stop the investigations into the 2008 Bank Century bailout.

Saan, however, said no single party had dominated the secretariat. He said equality ruled and that member parties, big or small, all had a voice in deciding on policies. "The spirit is equality," he said. "Everything that is related to the joint secretariat's stance has always been done together."

He said it was undeniable that each of the coalition members had its own interests at heart, but that there was always dialogue between the parties. He added that it was not surprising that members had complaints about some of the secretariat's decisions, with not every step taken by the body receiving unanimous support.

He also said he doubted that Mahfudz was making his criticisms on behalf of the PKS. However, Saan added, if the PKS was unsure about the benefits of remaining in the coalition, the party was welcome to reconsider its membership.

He said the Democrats also had complaints about the secretariat, "but we never talked to the public about that.

"We are trying to find the best format. If there are complaints, talk to the joint secretariat's members. Let's do a year-end evaluation and look ahead to 2011," he said. "We are not evaluating our stance on the coalition, but are looking for the best format for us."

Separately, Priyo Budi Santoso, chairman of Golkar's executive board, said parties with complaints should have reported them to the president as the chairman of the joint secretariat.

Bima Arya Sugiarto, chairman of PAN's executive board, said what needed to be fixed was the parties' commitment to the body, not just the communication.

Elections

Poll disputes swamped Constitutional Court, 74% of elections questioned

Antara News - December 30, 2010

Regional election disputes dominated the cases handled by the Constitutional Court in 2010, with 74 percent of elections resulting in some sort of controversy, a court official said.

Muhidin, who heads the case administration department of the Constitutional Court, said that a total of 230 cases submitted to the court, also known as the MK, were related to electoral disputes, mostly in the regions.

Another 120 cases concerned reviews of laws while two other cases pertained to disputes between state institutions over overlapping authority. "From the 230 cases, a total of 215 have been decided, six are still being studied and nine are awaiting a verdict," Muhidin said.

The MK, he said, ruled to accept 23 of the electoral dispute cases for consideration, while 145 were rejected without being heard and 43 others were deemed unworthy of being heard. The fate of the remainder is unknown.

Of the legal reviews, 39 carried over from the previous year and 81 were registered this year.

Only 16 review cases resulted in decisions favoring the plaintiffs, Muhidin said. Four of the reviews were also withdrawn by the plaintiffs.

The two disputes over overlapping authorities of state institutions were still being heard, Muhidin said.

He said 74 percent of the 227 regional elections, held at provincial, district or municipal levels, generated disputes that were reported to the MK. "There have only been 58 regional elections in which no dispute was reported to the MK," he said.

Muhidin explained that more than one plaintiff could file a complaint in one election, and many of the elections had to proceed in two rounds. So although there were only 168 elections resulting in disputes, the number of plaintiffs bringing cases to the court was 260.

Muhidin said key electoral disputes handled by the court this year included the one in the Waringin Barat municipality of Central Kalimantan, another in Sumatra's South Bengkulu district and a third in the Papuan capital of Jayapura.

In the Waringin Barat case, the MK verdict disqualified Eko Soemarno and Sugianto, a pair of candidates for district chief and deputy, because they were proved to have deliberately engaged in money politics, intimidation and terror to win office.

The July verdict officially installed second-place candidates Ujang Iskandar and Bambang Purwanto as district head and deputy, but that the verdict has yet to be implemented.

In the South Bengkulu case, the MK disqualified district chief candidate Dirwan Mahmud because it was shown he had spent time in jail.

In the Jayapura case, the court changed the legal standing of a candidate scrapped from the list by the local election committee.

MK chairman Mahfud M.D. said that many of the electoral disputes had resulted in the defamation or slander of MK judges.

"Electoral disputes have seen judges of the court accused of taking bribes," Mahfud said at a meeting with House of Representatives's Commission III, for law and legislation, at the court in early December.

He was referring to the accusation by legal expert Refly Harun, who has alleged that MK Judge Akil Mochtar accepted a bribe from J.R. Saragih, the head of the Simalungung district in North Sumatra.

Mahfud said he would be happy to relinquish the authority to settle electoral disputes to other court institutions, as it had only brought problems for the MK.

"But if we are still trusted to handle them, then they should be handled in accordance with the procedures at the MK," he said. Home Affairs Minister Fauzi Gamawan said this year that electoral disputes should be taken over by another court as they took up too much of the Constitutional Court's time.

Gamawan proposed that those disputes be settled in the regions by appeals courts.

He also said that if the MK continued to judge electoral disputes, it should do so in the regions where they occurred, in order to keep them from clogging the central court in Jakarta.

Gamawan pointed out that before the days of the Constitutional Court, electoral disputes were settled in the regions at the local appellate courts while provincial election disputes were heard by the Supreme Court.

But Saldi Isra, a noted expert in state law, said Gamawan's proposal would only cause tension in the regions because those involved in the dispute would be present to sway the decision.

Hearing the cases in the capital would prevent supporters of those involved from causing open conflict, he said.

Muhidin said that of all the demands for legal reviews, the Law on Regional Government was the most disputed.

The 2004 Law on Regional Government has been the subject of 24 reviews while the 2008 law revising the 2004 law became the subject of 11 reviews.

Electoral law amendments aim to kill off potential rivals

Kompas - December 30, 2010

Jakarta – The House of Representatives (DPR) for the period 2009-2014 has been deliberating a packet of three political laws, namely Law Number 22/2007 on Election Organisers, Law Number 2/2008 on Political Parties and Law Number 10/2008 on the Election of Members of the DPR, DPD and DPRD. However from the deliberation of these three laws, it is apparent that the DPR is not considering the interests of the nation or the country, but is prioritising the interests of individual parties.

This was conveyed by Indonesia Parliamentary Centre (IPC) Research Division Coordinator Ahmad Hanafi in the IPC's End of Year Report on Wednesday December 29. "Out of the packet of three political laws deliberated by the DPR in 2010, it is very apparent that they have tried to slip the interests of the political parties into the amendments to the laws", he said.

Hanafi said that in the revisions to Law Number 22/2007, the political parties have tried to co-opt organisers by including members on electoral bodies such as the General Election Commission (KPU), the General Elections Supervisory Board (Bawaslu) and the Election Organisers Honorary Council (DKPP).

In addition to this, he continued, in the revisions to the law on political parties, the parties that hold seats in the DPR are attempting to inhibit the growth and development of new parties, yet this is guaranteed under the 1945 Constitution. Meanwhile, Hanafi said, in the amendments on the elections of members of the DPR, the Regional Representatives Council and the Regional House of Representatives, the political parties in the DPR are seeking to maintain their power by ignoring the principles of democracy.

Speaking separately, Social Synergy for Indonesian Democracy (Sigma) Coordinator Said Salahudin said that the DPR, which has been debating one issue in particular in the deliberations on the revisions to these laws, appears to have begun using this as an effective strategy for the political parties in the DPR to push through other amendments that would otherwise have become the focus of public attention.

"This strategy has been successfully applied in the deliberations of the law on election organisers and the law on political parties. Many things in the end have been stolen from us. Now, this will be repeated again in the revisions to the law on elections. In the revisions to the law on legislative elections, there are actually more crucial and principal problems that need to be revised", said Salahudin.

Salahudin said that it is more important to deliberate issues related to the electoral list than the issue of the parliamentary threshold.

Killing off rivals

Speaking yesterday at the parliamentary complex in Senayan, Jakarta, the chairperson of the National Awakening Party's (PKB) Central Leadership Board, Marwan Ja'far said that a drastic increase in the parliamentary threshold is no longer aimed at simplifying the party system but rather an effort to kill of the political parties. Increasing the parliamentary threshold to 5 percent will not be healthy for democracy and will only give rise to a political tyranny.

According to Ja'far, this will also not be healthy for the development of the party system in Indonesia because Indonesia practices a multi-party system. In addition to this, the multi- party system is appropriate for a diverse country like Indonesia.

With a parliamentary threshold of 5 percent, even less parties that will be able to get into parliament. There is concern that this will give rise to a new tyranny, where the state is managed by group of people who can act arbitrarily. (SIE/NTA)

[Translated by James Balowski. The original title of this article was "Revisions to the electoral laws - Political parties not fighting for the nation".]

An unholy alliance?

Jakarta Globe - December 26, 2010

Taufik Darusman – In the 2009 legislative elections, the ruling Democratic Party won nearly 21 percent of the vote, tripling its gain from the previous elections.

Although the Democratic Party was only founded a little over a decade ago, it outperformed the Golkar Party, Indonesian Democratic Party of Struggle (PDI-P) and United Development Party (PPP), all of which had been on the national political scene much longer.

The Democratic Party's founder, President Susilo Bambang Yudhoyono, was subsequently re-elected for a second and final term. Although Yudhoyono has much to be proud of in the Democrats' feat, he also realizes it faces an uphill battle on the legislative front.

In May, he decided to court other parties to form Setgab, a joint secretariat of coalition parties. Setgab was sold to the public as a communications forum among like-minded parties, but it is meant to be nothing short of a political bloc.

It comprises the Democrats, Golkar, National Awakening Party (PKB), National Mandate Party (PAN) and two Islamic-based parties, the Prosperous Justice Party (PKS) and PPP. They control 423 seats, or 75 percent, of the 560-member House of Representatives, a figure that makes Yudhoyono assured of his position as president until 2014.

So far, Setgab's members have proceeded in tandem, with parties calibrating their moves to achieve a common goal. In recent times, they acted in concert when Yudhoyono nominated new chiefs for the Armed Forces, National Police and Corruption Eradication Commission (KPK), and saw the House approve his choices with little hassle.

But what has so far been a smooth ride may become a bit bumpier in the coming weeks, as the House deliberates the bill on Yogyakarta's special status. The bill looks set to reveal cracks in an alliance that is as precarious as it is interest-driven.

At the heart of the bill is the government's desire to see future governors of the special region of Yogyakarta directly elected, as stipulated by the amended 1945 Constitution. For historical reasons, the sultan of Yogyakarta has always been directly appointed as the governor of the province, an arrangement its citizens are resolved to maintain.

They have found an ally in the PKS, whose House faction chairman, Mustafa Kamal, said that the status quo should be maintained. "We have to be mindful of the realities that prevail in Yogyakarta," he said. But in typical political double-speak, he also said his party had yet to take a stance on the bill.

Setgab's chairman, Aburizal Bakrie, who is Golkar's chairman, meanwhile, has also stated that his party has yet to take a position on the issue. Aburizal was apparently also engaging in the same political double-speak as Kamal when he said "the main thing is that we do not violate the Constitution, and neither the government nor the House should be pressured by regions."

That statement leaves no doubt that Golkar supports direct gubernatorial elections in Yogyakarta. Insiders familiar with the issue say the party is buying time as behind-the-scenes talks are under way for Sultan Hamengkubuwono X, himself a top Golkar figure, to agree with the legislation.

Earlier this month, reports said Setgab's members had agreed to throw their weight behind the government's Yogyakarta bill, sidelining PKS in ways that irritated its leadership. The first salvo came from the PKS's deputy secretary general, Mahfudz Siddiq, who has accused the Democrats and Golkar of dominating the coalition for their own interests.

Ruhut Sitompul, a Democrat henchman, has retaliated by suggesting that the PKS should seek its fortunes elsewhere if it is not happy with the way things are in the coalition. The Democrats' deputy secretary general, Saan Mustopha, went so far as to say it had enough with the PKS, which he accused of rallying coalition members to join the opposition PDI-P in selecting a presidential candidate for 2014.

It remains a mystery why the PKS chooses to oppose a bill that is certainly to be passed into law next year with the full force of the coalition behind it.

A deal has been reached between the Democrats and Golkar on the bill, and there is no way they would allow the PKS to derail what is already on track. The PKS has five seats in Yogyakarta's 40-member provincial legislative council – it is smaller than PDI-P and the Democrats – and seems to be seeking to better its position for the 2014 legislative elections by being seen to be on the side of Yogyakartans.

In Indonesian politics, when push comes to shove, a coalition is as good as it gets.

[Taufik Darusman is a veteran Jakarta-based journalist.]

Allowing party members on poll bodies would only intensify 'incompetence'

Jakarta Globe - December 23, 2010

Anita Rachman – The integrity of the nation's already much-derided regional polling commissions will only get worse if legislators insist on allowing political parties to take part in organizing local elections, watchdogs have warned.

Hadar Gumay, chairman of the Center for Electoral Reform (Cetro), said on Thursday that it was clear that the provincial General Elections Commissions (KPUDs) had "failed to do their job."

He was responding to a report issued on Wednesday by the Elections Supervisory Board (Bawaslu) that highlighted the poor quality of the regional elections this year, with 1,767 reports of polling violations.

Bawaslu blamed the problems squarely on the KPUDs. "It all goes back to the quality of the election organizers – how they prepare for the polls, the regulatory issues and so on," said Nur Hidayat Sardini, Bawaslu's chairman.

Hadar said a proposal by seven of the nine parties at the House of Representatives to allow political party members to serve on KPUDs would only deepen their incompetence.

"Anyone who argues that polling organizers from political parties would perform better compared than nonpartisan organizers is completely wrong," he said.

The proposal is being discussed as part of deliberations for an amendment to the 2007 Election Organizers Law. The Democratic Party, the largest bloc in the House, and the National Mandate Party (PAN) have opposed the proposal's inclusion, while the rest are pushing for it to pass.

However, supporters of the proposal have backpedaled recently, saying they would settle for a clause allowing party members to serve on polling commissions so long as they had resigned from party duties, even if it was just a day earlier.

Under the current law, applicants for seats on the commissions must not have had any party affiliations within the past five years.

Jeirry Sumampouw, from the Independent Committee for Election Monitoring (KIPP), agreed that allowing party members to serve on polling commissions would compromise future elections, even if they had officially resigned.

"The parties will try to get all their former members to serve on the commissions for their own benefit," he said, adding that Bawaslu's report on the issue should be taken seriously by the House.

Labour & migrant workers

Migrant workers still waiting for change: NGO

Jakarta Post - December 31, 2011

Ridwan Max Sijabat, Jakarta – Migrant workers say they have seen no major changes in the way labor export works in the country, despite recent government measures to improve migrant protections.

The government had vowed to improve conditions for migrant workers before their departure and during their employment abroad.

Indriati binti Kahar, a 38-year-old from Sukabumi, West Java, who was hoping to work as domestic worker in Saudi Arabia for a third time, told The Jakarta Post that she and fellow workers were participating in a 200- hour training and had provided all necessary documents to meet legal requirements, but they had lingering doubts about their employment and protection in the workplace.

Indriati was among dozens who were at a PT Paramita Abadi in-house training in East Jakarta this month. Migrant workers and labor supply company staffers said labor export mechanisms were the same as before, without any significant breakthroughs.

A PT Aulia Bersaudara labor supply company employee, who requested anonymity, said they still had to struggle with red tape and pay fees to government officials when they applied for documents at the Manpower and Transmigration Ministry, for passports at the immigration office, when workers were undergoing medical checks and when their documents were verified.

The government promised to improve the process following the widespread media coverage of two abuse victims, Sumiati binti Kaslan Mustafa from West Nusa Tenggara and Kikim Komalasari from Cianjur, West Java.

Association of Labor Export Companies (Apjati) deputy chair Rusjdi Basalamah said the government should not blame abuse abroad solely on the companies that send workers abroad because the government was also responsible for monitoring its citizens. If there was anything wrong, the Manpower and Transmigration Ministry and the National Agency for the Placement and Protection of Overseas Labor (BNP2TKI) should also be held responsible, he said.

"Apjati will support the government if it decides to close down labor supply companies that fail to meet all operating requirements and will support the government in the reform of the BNP2TKI, which has been found to be unprofessional in providing protection for workers," Rusjadi said

He said the Foreign Ministry and foreign embassies should provide protection for workers during their employment, for which every migrant worker paid US$15 to the government prior to their departure.

Migrant Care executive director Anis Hidayah denounced the government's series of measures as superficial, and said the government had failed to identify the main problems for migrant laborers.

"The government has to change its mindset and revise the 2004 labor placement and protection law and reform the bureaucracy because our main problem has been the rampant abuse of domestic workers and the disrespect of workers' rights," Anis said.

She said abuse would continue to remain high in 2011 unless a major reform in the migrant labor process was effected.

Employers seek to resolve labor deadlock

Jakarta Post - December 29, 2010

Ridwan Max Sijabat, Jakarta – Employers are seeking a win-win solution to a deadlock regarding labor law revisions in an effort to create an investment-friendly law that will also provide job security to workers in the country, a spokesperson for employers says.

Indonesian Employers Association (Apindo) chair Sofjan Wanandi told The Jakarta Post that despite the resistance of labor unions, the proposed revisions to the 2003 labor law were crucial in order to attract investors and create more jobs.

Apindo wanted to revise the law in order to encourage foreign investment while making it difficult for employers to outsource or use contract labor, Sofjan said. Businesses have attributed the failure to attract new foreign investment to current labor law, which they have termed "harsh".

"The harsh labor law has remained the main constraint to foreign investment coming here. A revision is necessary and it must serve the majority of investors, who want a flexible labor market. It's the 'easy to hire, easy to fire' principle," he said

More than 1,000 workers from the All-Indonesia Workers Union Federation (KSPSI) staged a rally earlier this month at the House of Representatives to oppose the proposed revisions to the labor law.

Union members and leadership at the House's Commission IX on labor affairs agreed not to include the revisions in the national legislation agenda for 2011.

The government and labor unions have been in a deadlock since 2005, when employers proposed the labor law changes. The 2003 law requires employers to pay severance to dismissed workers of up to 32 months of salary, as well as provide service payments and housing and health allowances. Businesses disagreed with these stipulations.

Such requirements spurred employers to outsource and use contract-based labor, leaving millions of workers unprotected, as they were paid in accordance with provincial minimum wages and were not registered with the Jamsostek social security program.

Despite opposition from some employers, Sofjan said Apindo would continue with its plan to intensify bipartite negotiations with labor unions. Labor union confederations were cautious in responding to Apindo, saying that a win-win solution was easier said than done.

KSBSI chair Rekson Silaban said it was impossible to achieve a solution without employers first making an effort to restore union confidence. "It is better for employers and the government to first improve workers' welfare and provide better protections to show they have a political will and to win workers' confidence to break the deadlock."

Outsourcing sees permanent jobs in formal sector drop to 35 percent

Kompas - December 24, 2010

Jakarta – The number of permanently employed workers in the formal sector is steadily declining and currently stands at only 35 percent of all formal workers. This has occurred in concert with Law Number 13/2003 on Labour (UU No 13/2003), which allows for the employment of contract labour from other companies, or outsourcing.

In Jakarta on Thursday December 23, the general chairperson of the Confederation of Prosperity Labor Unions (KSBSI), Rekson Silaban, said that out of the 33 million workers in the formal sector, only 35 percent have the status of workers or permanent workers.

Indonesian Employers Association (Apindo) General Chairperson Sofjan Wanandi was shocked by the data. "That means that the number of permanent workers is steadily declining. Prior to UU No 13/2003 coming into effect, the number of permanent workers in the formal sector was 67 percent", said Wanandi.

He explained that this situation has occurred because prevailing legislation allows it. "I once asked an employer, why so much outsourcing? They replied, why not it's allowed under law. This is a gloomy reflection on the end of the year", said Wanandi.

The way to end outsourcing, said Wanandi, is by revising the labour law. The Indonesian Institute of Science (LIPI) is currently putting together a draft revision to the law. This was on the request of three parties, namely employers, the government and workers. "So, if there is a draft circulating at the moment, it's bogus", said Wanandi.

Yesterday, the PT Telkom Indonesia Outsourced Employees Association, through a written statement, asked the state-owned telecommunication company PT Telkom Indonesia to temporarily stop cooperating with PT Intracotama Daya Perdana, in this instance PT Mitra Nusantara Fonindo, as the outsourcing service provider to PT Telkom.

The request was related to the dismissal of 141 employees on March 22 without the obligatory payment of employees' normative rights in accordance with the labour law.

Silaban also revealed that 75-80 of cases related to workers' severance pay in the Industrial Relations Court end in negotiations. "Meaning, workers loose out because they accept lower severance pay that regulated by UU No 13/2003," he said. (idr)

[Translated by James Balowski.]

Women & gender

Capitalism bad for women: Muslim group

Jakarta Post - December 23, 2010

Jakarta – - Women from the Islamic organization Hizbut Tahrir Indonesia (HTI) staged a rally in front of the Women's Empowerment and Child Protection Ministry, calling for women to be critical of economic empowerment programs for women.

The HTI members said women should not be the breadwinners or heads of the family. "Women should focus on their roles as mothers to educate the nation, not as breadwinners who are the backbone of the family's economy," spokesperson Iffah Ainur Rochmah said.

Iffah said the shift in women's roles today was caused by capitalism in Indonesia, which she said had caused poverty. Capitalism has been proven to treat women cruelly by regarding them as an economic commodity fit for exploitation for material gain, she said.

"This nation should implement sharia to encourage women to return to their real roles as the nation's educators," Iffah said.

Women opt for old ways to obtain justice

Jakarta Post - December 23, 2010

Tifa Asrianti, Jakarta – When it comes to settling cases of violence against women, formal legal mechanisms are not the preferred option for women living in traditional communities, a National Commission on Violence Against Women (Komnas Perempuan) report says.

On National Women's Day on Wednesday, the commission released a report titled Women's Access to Justice: Formal and Informal Legal Mechanisms in Cases of Violence Against Women.

From 20 cases in South Sumatra and Central Sulawesi, there were 12 in which female victims preferred to resolve their cases through informal mechanisms. The cases included domestic violence, rape and sexual harassment.

With informal methods, victims used personal-level traditional institutions such as elders, village chiefs or religious leaders, while formal mechanisms meant following the case through the state's legal institutions, beginning with the police through the district attorney and the courts.

"The choice to settle cases through formal mechanisms means going through the courts, which takes longer and during which time victims are susceptible to further violence," Komnas Perempuan official Sri Nurherwati said.

The commission found in one rape attempt case in South Sumatra that the woman who reported the case became the defendant, after she was accused of abuse by her attempted rapist.

Sri said women preferred informal mechanisms because they were quicker compared to formal legal processes.

Most women whose cases were monitored still live in communities led by traditional community councils, such as Ngata Toro and Tompu in Central Sulawesi.

She said informal systems did not necessarily mean that women were safer. During settlement processes in traditional legal systems, women's voices are seldom heard, she said. As a result, the women's perspective on justice was invisible in the decisions made about them.

Justice and Human Rights Ministry director general of human rights protection Harkristuti Harkrisnowo said informal legal mechanisms were proven to have fewer depressive effects on women because they were less rigid compared to the formal system.

But, she said there should be a legal framework to guarantee that decisions made through informal processes had the same forms of justice for women as ones in formal procedures.

"We can use the restorative justice approach, which is used in the law on trials for children. We bring the victim and perpetrator together and find a form of justice both parties can agree on. A just decision does not need to be made in the courts because judges' decisions do not necessarily contain the women's perspective," she said.

Azriana from Nanggroe Aceh Darussalam's Women Volunteers for Humanity (RPUK) NGO said women should be educated about their rights as many women thought what happened to them was not violence.

"When a female victim is not well-educated about her rights and justice, she may think an unfair decision is justice," she said.

Harkristuti said society needed to become more familiar with women's perspectives on justice. She said civil servants needed to have a better understanding of human rights and women's rights in order to do their work well. "Workshops for legal officers are a must," she said.

The commission recorded 143,586 cases of violence against women in 2009. That was an increase by more than 200 percent compared to the previous year.

Graft & corruption

Indonesia's graft fight being harmed by KPK bill's delay: Activists

Jakarta Globe - December 30, 2010

Anita Rachman – In an effort to better tackle graft, lawmakers and the government should complete the deliberation of the long-postponed Corruption Eradication Commission bill, governance watchdogs said on Thursday.

Although the bill was submitted to the House in its 2004-09 term and then listed as one of the priority bills for deliberation this year, House Commission III, tasked to formulate the bill, and the government have not yet begun the process.

Ronald Rofiandri, director of advocacy at the Center for Indonesian Law and Policy Studies (PSHK), said both sides had ignored the need to pass the legislation in a timely manner.

The bill would revise the current Corruption Eradication Commission (KPK) Law that formally established the Anti-Corruption Court. Its revision is regarded as important because the bill will determine the powers of the antigraft agency.

"They didn't even touch it [this year]," Ronald said. "2011 will be a test for both the government and the lawmakers. Questions remain over the legislators' and the government's commitment to passing the bill."

Other bills that could support the country's antigraft drive, Ronald said, would be the revision of the Government Administration Law, the employment bill and the procurement of goods and services bill.

The House has been heavily criticized for its poor lawmaking performance, passing only 16 laws this year out of an initial target of 70, with just eight of those passed in the 2010 priority list.

Emerson Yuntho, vice coordinator of Indonesian Corruption Watch, said demanding more legislation to combat corruption would be setting expectations too high because lawmakers had not even been able to complete the deliberation process for the bills on the 2010 priority list.

Emerson remained pessimistic in relation to the corruption bill, saying it needed to be discussed soon to expose the loopholes and other flaws.

"The draft is very weak in fighting corruption. What we need now is not too many laws, but one law that could be effective in combating corruption," he said.

"The House's record on legislation is very poor this year, I have doubts about them and the government as well," he said.

According to PSHK data, bills on the economy, politics and the judiciary dominate the 2011 priority list, with corruption taking a back seat.

The data shows that of the 70 prioritized bills, 25 percent of them concern the economy and 21 percent relate to politics and the judiciary.

Bills on social issues and culture account for 10 percent of the total. Priorities in the economics sector include the trade bill and an amendment to the Stock Market Law.

In the field of politics, the bill on the Human Rights Court is also expected to be deliberated. Also up for discussion next year is legislation on information and technology.

Ronald said that despite the government's expressed commitment to fight corruption, just one bill related to graft had made it onto the priority list.

Tjatur Sapto Edy, deputy chairman of Commission III, promised that it would focus on the Corruption Eradication Commission bill next year. "We are going to revise both the Corruption Eradication Law and the KPK Law," he said

Meanwhile, Syarifuddin Sudding, a Commission III member from the People's Conscience Party (Hanura), said he believed that members of the House were committed to the fight against corruption.

"You don't need to question our commitment," he said. "There is probably a minority [that do not share the commitment], but do not generalize all of us."

Syarifuddin said it was very important that the new law on corruption be passed next year because graft was still rampant, systemic and structured. He said the bill would help officials in their fight to eliminate graft.

"It is in the 2011 priority list, so we will work at it," he said.

KPK recovered Rp 175.99 billion in state assets

Jakarta Post - December 30, 2011

Jakarta – The Corruption Eradication Commission (KPK) recovered Rp 175.99 billion (US$19.5 million) in state assets from convicted corrupters in 2010.

"The KPK's enforcement unit confiscated Rp 175.99 billion in state funds that were stolen by corruptors," KPK deputy chief for prevention Haryono Umar said Wednesday. In comparison, KPK investigators seized Rp 142.99 billion in 2009.

Haryono said in 2010 the KPK prevention unit also successfully prevented corruptors from stealing Rp 526.26 billion from the state treasury. "So, the total of the country's money the KPK saved in 2010 was Rp 702.25 billion," he said.

Newly appointed KPK chair Busyro Muqoddas said preventing corruption was as important as putting corruptors in jail.

"Prevention is important. New corruptors keep popping up if we only put those who are caught in jail and do not change the system that provides room for corruption to occur," Busyro said.

Another KPK deputy chief for prevention Mochammad Jasin said his office had already returned the money to state coffers, as well as the treasuries of local administrations.

In 2010, the KPK allocated Rp 15 billion of its Rp 260 billion budget for a prevention unit and Rp 9 billion for an enforcement unit.

Officers' fat bank account case is closed, national police chief

Jakarta Globe - December 29, 2010

National Police Chief Gen. Timur Pradopo said the case involving the huge bank accounts of senior police officers is closed and he will not reopen it.

"I think it's already been explained by Pak Bambang Hendarso [former national police chief]," Timur said in a press conference about the evaluation of the national police's performance in 2010 at the headquarters on Wednesday.

In October, the country's leading antigraft watchdog, Indonesian Corruption Watch, filed a complaint against the police for refusing to publicly release details of their investigation into suspiciously large bank accounts linked to high-ranking police officers.

The case centers around a classified document from the Financial Transaction Reports and Analysis Center (PPATK), which found suspicious accounts belonging to 23 officers.

The police have since cleared 17 of them of any wrongdoing and said the rest are still under investigation.

The case made headlines after Tempo weekly magazine published the story in one of their July issues. The magazine's cover sparked anger from then National Police Chief Gen. Bambang Hendarso Danuri, who called it 'offensive.'

The cover depicted a police officer leading three piggy banks on a leash, under the title "Rekening Gendut Perwira Polisi" ("Fat Bank Accounts of Police Officers").

"We're not against criticism being directed at us," Bambang Hendarso Danuri said. "We just want some motivation and support rather than criticism."

"Pork is haram [forbidden] in Islamic belief," Bambang said. "I'm just trying to prevent my subordinates from expressing their anger, even though we feel insulted."

A day after the magazine's publication, three Molotov cocktails were thrown at the offices of Tempo. Two people wearing black jackets and riding a motorcycle were seen throwing the firebombs at the magazine's editorial offices on Jalan Proklamasi in Menteng, Central Jakarta, early on Tuesday morning.

Police have no suspects in the attack.

War on graft remains tough for embattled KPK

Jakarta Post - December 27, 2010

Jakarta – After seven years, the Corruption Eradication Commission (KPK) continues to face an uphill crusade to eliminate graft in the country.

With unresolved cases such as the 2004 Bank Indonesia vote-buying scandal and the illicit procurement of fire trucks from 2002 to 2005, the paladin of the state's antigraft measures is far from winning the battle.

KPK has named 25 suspects, mostly former and current legislators, in the vote-buying case and sentenced to prison four former legislators, but has thus far failed to question key witness Nunun Nurbaeti, who allegedly distributed billions in traveler's checks to many legislators to buy votes to help former Bank Indonesia deputy senior governor Miranda S. Goeltom win the post in 2004.

In the fire truck scandal, the KPK named former home minister Hari Sabarno as a suspect in September. Despite this high profile move, there has been no progress, even though investigations began in January 2008 and seven local administration heads have received prison sentences.

There is widespread speculation the KPK has been weakened following the conviction of former chairman Antasari Azhar on murder charges, and extortion allegations made against deputies Chandra Hamzah and Bibit Samad Rianto.

Doubts over the commission's performance culminated when the antigraft body, despite having the authority to do so, declined to take over this year's high-profile graft case centered on former tax officer Gayus Tambunan.

However the KPK uncovered other corruption cases, including putting on trial former social services minister Bachtiar Chamsyah for embezzling Rp 36.6 billion (US$4.1 million) in state funds from various procurement projects at the ministry between 2004 and 2008.

This year also marked an expanded focus to eradicate corruption at regional levels, including identifying illegal forest licensing outfits and unraveling graft in various regions. It issued a deadline to the Forestry Ministry to fix exploited loopholes in its regulatory framework to improve monitoring.

The KPK has also escalated prevention efforts, allocating Rp 15 billion of its Rp 260 billion budget for a prevention unit and Rp 9 billion for an enforcement unit. "Preventing corruption is as important as investigating corruption cases," KPK deputy chairman for the prevention unit, M. Jasin, said.

A small success in the KPK's drive to prevent graft was made on Dec. 1 when the commission and the Public Works Ministry, launched the Indonesia Memantau (Indonesia Monitor) website that allowed the public to monitor the condition of roads. The online portal, www.indonesiamemantau.kpk.go.id, provides information on road projects, including specifications and contractors.

There are also changes in the Corruption Court system this year, with three new local graft courts set up in Surabaya, Semarang and Bandung on Dec. 17 by the Supreme Court, which fall under the supervision of KPK. The revised anticorruption law requires the setup of local corruption courts in all 33 provinces. (ipa)

Taskforce still 'necessary' to bust mafia despite shortcomings

Jakarta Post - December 24, 2010

Bagus BT Saragih, Jakarta – The Judicial Mafia Taskforce will continue its efforts to battle graft in the judiciary despite criticism from politicians who called it redundant and accused it of partiality.

Taskforce member Mas Achmad Santosa said Thursday that a working meeting held at the Bogor Presidential Palace from Dec. 21 to 23 to evaluate the taskforce's performance in its first year concluded that a special body was still necessary to help the government eradicate widespread judicial graft.

"The head of all law enforcement bodies expressed support for the taskforce and for the national agenda to eradicate case brokers and corruption in general," Mas Achmad said.

President Susilo Bambang Yudhoyono established the taskforce in December 2009 through a presidential decree, which stated that the taskforce's working period was two year, meaning its mandate ends in December 2011.

Mas Achmad said the taskforce would finish its mandated working period successfully, although he acknowledged it had many critics.

"Every panelist at the meeting has suggested improvements, but they still support our role. The suggestions from this meeting will be used in our internal evaluation to create the taskforce's working program for 2011," he said.

The meeting was attended by all members of the taskforce along with Supreme Court chief justice Harifin A. Tumpa, Corruption Eradication Commission chairman Busyro Muqoddas, Coordinating Political, Legal and Security Affairs Minister Djoko Suyanto, Justice and Human Rights Minister Patrialis Akbar, National Police chief Gen. Timur Pradopo, Attorney General Basrief Arief and the chairman of the House of Representatives' legal commission, Benny K Harman.

The taskforce has not been without its critics. Golkar Party legislator Bambang Soesatyo issued repeated calls for the taskforce to be dissolved saying it was used as a political tool.

"The taskforce played a major role in the investigation into [graft suspect] Gayus Tambunan. It has driven public opinion against [Golkar chairman Aburizal] Bakrie and Golkar," he said.

Former tax official Gayus admitted at his trial that he received Rp 28 billion (US$3.11 million) in bribes from three mining companies partly owned by the Bakrie family.

Bambang accused the taskforce of not being an independent body, saying it was used as a political tool to attack Golkar. "Gayus has amassed more than Rp 100 billion from corporate taxpayers, why have only the Bakrie companies been named?" he said.

United Development Party (PPP) legislator Ahmad Yani said the legal basis to form the taskforce was unclear. "It has no clear authority in terms of legal matters. Law enforcement institutions are usually formed under the law, but the taskforce was established by decree," he said.

In June, activists calling themselves Petition 28 filed a judicial review request with the Supreme Court challenging the presidential decree on the taskforce. The activists accused the taskforce of being nothing more than a tool to polish the President's image. The Court overturned the request.

Indonesia Corruption Watch (ICW) activist Emerson Yuntho said the taskforce was still needed to bolster the fight against case brokers since prosecutors and police were not making any significant progress.

However, he acknowledged the taskforce had not produced any breakthroughs. "The taskforce was formed with high expectations, but it's sort of fizzled out now," he said.

Money-laundering fight hindered by the law: Experts

Jakarta Globe - December 23, 2010

Heru Andriyanto – The nation's Anti-Money Laundering Law rarely manages to catch high-profile suspects due to rampant corruption, a poor understanding of the law itself among its enforcers and the "generic" nature of the measure, legal experts say.

"The law does not provide limitations or specifics in regard to where the ill-gotten money is derived from," said Andi Hamzah, a law professor at Trisakti University. "Robberies, thefts, prostitution, graft, gambling – in fact, all may be classified under the law.

"This may cause confusion among the police and prosecutors because the Criminal Code already covers those crimes. They just don't know how and when to use the Anti-Money Laundering Law," he added.

Widespread graft, Andi said, was also a major obstacle in the implementation of the law, which was enacted in 2002 and adopted from similar statutes in other countries, most notably the United States.

Andi pointed to the ongoing trials of former tax officials Gayus Tambunan and Bahasyim Assifie. Both are accused of stashing billions of rupiah in ill-gotten gains, but prosecutors were unable to deliver cases centered on money laundering.

Gayus was originally named a suspect based on reports from the Financial Transaction Reports and Analysis Center (PPATK), the country's money laundering watchdog, concerning a suspicious Rp 28 billion ($3.1 million) in his personal bank accounts.

Prosecutors, however, reduced the charge to embezzlement, and Gayus was controversially acquitted in March.

He is now being tried on accusations that he bribed the law-enforcement officials who handled his first case, but again a charge of money laundering was missing in the prosecution's dossier and indictment.

Criminal law expert Dian Adriawang said the responsibility for proving money laundering lay with law enforcement officials, who had to decide whether crimes fell under the law's scope before issuing charges based on it.

"Before the money-laundering charge is presented, the original crime must first be identified, whether the money comes from gambling, deception or corruption. And for each of the crimes, the Criminal Code has specified the punishment," Dian said.

"I suggest that for the law to be effective, police or prosecutors go after graft convicts because their crimes have been clearly defined by the courts so it will be easier for law enforcers to focus on the money laundering charges."

This month, money laundering convictions were handed down to Bank Century co-owners Hesham al Warraq and Rafat Ali Rizvi, who were accused of looting the bank's coffers and of fraudulently trading in junk bonds. Both men, each sentenced to 15 years in jail, fled the country late last year and were found guilty in absentia.

In January 2009, the PPATK said that since its establishment in 2003, more than six million suspicious transactions had been reported, but fewer than 1,000 were ever investigated, leading to fewer than 20 convictions.

Few financial institutions bother to comply with the money laundering law's regulations or report suspicious account activity, according to PPATK spokesman Natsir Kongah. Only 20 institutions among thousands have complied with the law, he said.

Under the law, institutions or individuals that refuse to comply with the regulations can be charged with abetting money laundering. The crime carries a maximum sentence of five years in prison and a Rp 1 billion fine.

War on terror

Court convicts nine on terror charges

Jakarta Post - December 31, 2011

Nine terror suspects were sentenced to prison for between eight and nine years on Thursday for planning to murder foreigners and for running a terrorist training camp in Aceh.

The nine were Laode Afif aka Hadid, Mukhtar Kahairi aka Umar Bin Fasihin, Maskyur Rahmat bin Mahmud, Muchsin Kamal aka Zulkifli, Surya Achda aka Abu Semak Belukar, Hasbuddin aka Abu Azzam, Deni Sulaiman aka Sule, Rahmadi Nowo Kuncoro aka Usyak As Syahid and Agus Kasdianto aka Hasan aka Musaf bin Nasim.

"They are guilty of terrorist acts," presiding judge Supeno said as quoted by detik.com news portal.

The sentences were less than the 12 years' imprisonment sought by prosecutors. Supeno said the sentences were justified by the polite behavior of the defendants in court and their lack of prior criminal convictions.

Laode, Mukhtar, Maskyur and Muchsin were accused of planning to assault and murder foreigners working for some of the many NGOs operating in Aceh after the 2004 tsunami.

Surya, Hasbuddin, Deni and Rahmadi were arrested in connection with a terrorist training camp that operated near Mount Bun in Aceh.

Agus Kasdianto was sentenced to nine years' imprisonment, one year more than his accomplices, Supeno said, since he was a repeat offender.

The nine men were part of a group of 71 suspected terrorists arrested by the National Police in a series of raids that began in February in Sumatra and Java.

According to the police, the terrorist training camp was run by Jama'ah Anshorut Tauhid, a militant group led by firebrand Muslim cleric Abu Bakar Ba'asyir, who was himself arrested in August.

The court ordered the destruction of all evidence confiscated during the trial, including an AK-47 assault rifle, 312 bullets, two FN revolvers, a telescope and a CD about the Bali bomb terrorists.

Prosecutor Bambang S. said that his team did not accept the sentences and would consider appealing.

Also on Thursday, prosecutors demanded that the Depok District Court in West Java sentence former National Police officer Sofyan Tsauri to 15 years' imprisonment on terror charges.

"We're seeking 15 years for Sofyan Tsauri," prosecutor Rini Gartati said as quoted by Antara news agency.

The defendant was accused of trading firearms with help from fellow police officers Ahmad Sutrisno and Barimbing, who were stationed in a warehouse in Cipinang, East Jakarta, at the time.

Rini said that Sofyan supplied weapons, such as an AK-47 assault rifle engraved with Arabic script that Rini showed the court, to Dulmatin's terror network.

According to Sofyan's attorney, Nurlan A.R., prosecutors had not made a strong enough case to send his client to prison.

The trial will continue on Jan. 12 to hear the defendant's plea.

The West Jakarta District Court issued on Thursday a guilty verdict in a terrorism case that implicated a member of the Islam Defenders Front.

Mukhtar bin Ibrahim was sentenced to 12 years' imprisonment for among other charges, throwing a live grenade at a UNICEF office in Banda Aceh in March 2009.

In November 2009, Mukhtar also shot Erhard Bauer in the head, nearly killing the German Red Cross team member, and also fired several shots into the home of two US citizens who working as lecturers in Aceh.

"The defendant has been found guilty of terrorism," presiding judge Supeno said as reported by detik.com news portal.

"The defendant's acts were a threat to foreigners, spreading fear so that the victims did not want to go to Aceh anymore."

The judge said Mukhtar received a lighter sentence than demanded by prosecutors due to polite behavior, a full confession and lack of prior convictions. (rch)

Jail for seven linked to terror group in Indonesia's Aceh

Jakarta Globe - December 27, 2010

Mohd Adhe Bhakti – Seven men found guilty of involvement with an outlawed armed terror group were sentenced to between five and eight years in jail by the West Jakarta District Court on Monday.

The men were charged in three separate cases related to the group's activities, including clandestine paramilitary training and public acts of terrorism.

Defendant Abu Musa a.k.a. Heri Budiman received the lightest sentence, five years, for his role in delivering money from Rochman Abdurrahman to group mastermind Dulmatin.

Rochman was sentenced to nine years in jail last week, while Dulmatin had long topped the police's most wanted list when he was shot dead during a police raid in March. Musa, who had acted as a liaison between the two, is not expected to file an appeal.

In the second case, four other defendants – Syailendra Sapta Adi, Zainal Mutaqim, Sunakim and Heru Lianto – were each sentenced to seven years in jail by the same presiding judge, Mirdin Alamsyah.

The four were charged with using firearms without a permit during a week- long paramilitary training session in the mountains of Jalin Jantho, Aceh Besar. The defendants had been practicing shooting and disassembling firearms when the training ground was raided by police and security forces earlier this year. The four men were additionally charged with retaliating against the raiding forces with gunfire.

In the third case tried at the district court on Monday, defendants Andri Marlan and Chaerul Fuadi were each sentenced to eight years in jail for their involvement in three criminal acts of terrorism in Banda Aceh.

Andri was charged with involvement in a grenade attack on the Unicef office in the capital of Aceh, where German citizen Erhard Bauer was shot and injured. His accomplice Tengku Muktar is facing a separate trial. Andri was also involved in an attack with Chaerul Fuadi where shots were fired at a house occupied by American nationals in Banda Aceh. Their third accomplice, Ismarwan, has already been sentenced to eight years in jail. Chaerul has requested more time to appeal, while Andri accepted the verdict, which was four years lighter than requested by prosecutors.

A total of 51 members of the armed Aceh group have been charged, and are either facing trial or have already been sentenced.

Officials have dubbed the group "Al Qaeda in Aceh," and have said the group was plotting to kill Westerners, including US aid workers, businesspeople and tourists. The National Police have accused firebrand Islamic cleric Abu Bakar Bashir of being the figurehead behind the budding Al Qaeda-style terrorist network.

Radical & hard-line groups

Radical Islamic groups gain strength on the sly: Setara

Jakarta Globe - December 23, 2010

Ulma Haryanto – While the antics of the hard-line Islamic Defenders Front frequently make headlines, other radical groups are working quietly behind the scenes to build a wide base of support, a nonprofit has said.

The Setara Institute for Democracy and Peace on Wednesday released a report detailing how radical Muslim groups were shoring up their support by forging political alliances and embracing more liberal groups and moderate clerics.

Another tactic highlighted in the report was for the groups to get their members appointed to the Indonesian Council of Ulema (MUI), the country's highest Islamic authority, in an effort to steer Shariah jurisprudence.

The seven groups identified in the Setara report included the Islamic Defenders Front (FPI), headed by Rizieq Shihab; Islamic Reform Movement (Garis), led by Chep Hermawan; and the Islamic People's Forum (FUI), helmed by Muhammad Al Khaththath.

It was the FUI, a relatively new group founded in 2005, that appeared to be particularly adept at courting politicians and infiltrating the MUI, the report said. Al Khaththath, its secretary general, was described as "an expert lobbyist."

Al Khaththath started out with Hizbut Tahrir Indonesia, and was one of its chairmen when the HTI formed the FUI along with eight other organizations, including the FPI, Nahdlatul Ulama, Muhammadiyah, Indonesian Islamic Propagation Council (DDII), Prosperous Justice Party (PKS) and Crescent Star Party (PBB).

NU and Muhammadiyah are the nation's two biggest Islamic organizations and are considered moderate. The conservative PKS is the fourth-biggest political party in the country.

"In 2005, Al Khaththath and the HTI's Ismail Yusanto made it onto the MUI board," the report said. "By the end of that year, he had been appointed to the counterterrorism team formed by Religious Affairs Ministry and the MUI."

The report also said that during the MUI's national caucus in 2005, Al Khaththath was among those who "actively lobbied the MUI to issue an edict forbidding the practice of liberal Islam."

The council would go on to issue an edict "forbidding religious pluralism, liberalism and secularism." It also outlawed the minority Ahmadiyah sect, branding it "outside Islam, false and misleading, and the followers can no longer be called Muslims."

That same year, President Susilo Bambang Yudhoyono unofficially endorsed the MUI's religious authority, saying his administration would "embrace the views, recommendations and edicts of the MUI."

The Setara report concluded this had made the MUI an appealing body to infiltrate for radical groups, which have little authority themselves.

Under Al Khaththath's leadership, the FUI in 2008 attempted to widen its support significantly by holding a meeting of 200 influential clerics from across the archipelago. "They were invited to establish a Union of Ulema Council for the FUI," the report said.

One of the clerics invited was Salim bin Umar Al Attas, who boasts 10,000 followers and is based in South Jakarta. He has since allied himself with the FUI. "The FUI is a forum for Muslims, which makes us a member organization," he said. "We have the same agenda: To uphold Shariah law, fight evil and spread goodness. That's why we joined them."

The report said the FUI was continuing to broaden its network through engaging moderate clerics as well as through a radio show hosted by Al Khaththath on a station owned by a group of clerics in Bogor.

"The reason the FUI does this is because it has no traditional support base, while the clerics have large ones," said Bonar Tigor Naipospos, deputy chairman of Setara.

Ismail Hasani, a Setara researcher, said that while the FPI had more members, the FUI had a broader network and alliances. "The fact that it's made it into the MUI is extraordinary," he said.

HTI's Ismail, meanwhile, denied that he and Al Khaththath had been using their positions at the MUI to further their groups' respective agendas. "We were invited as individuals, not representatives of our organizations," he said.

Freedom of religion & worship

Protesters now demanding bogor administration demolish sealed-off church

Antara News - December 29, 2010

Dozens of Muslim protesters, including mothers and children, rallied at the Bogor municipal office on Wednesday to demand that a Christian church under construction be demolished.

The protest, organized by the hard-line Indonesian Muslim Communication Forum (Forkami), was calling for the Taman Yasmin Church, which is being built by the Indonesian Christian Church (GKI), be closed indefinitely and dismantled.

"The government has to revoke the building permit for the construction of the GKI Taman Yasmin Church and also investigate the officials who are responsible for issuing the permit," said Ahmad Iman, head of Forkami.

The GKI Yasmin congregation has for much of the year been holding its services on the sidewalk in front of the already sealed construction site after years of protracted wrangling with the Bogor administration, which most recently revoked its building permit in March.

The church won an appeal filed against the revocation and the State Administrative Court in June 2009 ordered the Bogor municipal authorities to end the site closure. But the city has since filed a case review and has refused to comply with the court order pending a new verdict. Bogor authorities have said that the sealing of the church was at the behest of residents who opposed its presence in their community.

Forkami and other Muslim groups have alleged that some of the signatures needed from neighboring residents to gain approval for the construction were falsified. "We demand that the government take this matter seriously and follow up the sealing of the church with a demolition order," Ahmad said.

Ahmad said that Forkabi's demands had nothing to do with religion but was purely based on the legal flaws in the issuance of the building permit.

"We emphasize that the problem of the GKI Yasmin Church is not because of SARA," he said, using the acronym for ethnic, religious, racial and intercommunal conflicts.

"We are not objecting to Christians conducting their worship or building a church, but the construction of this church is legally flawed because the building permit was issued without the approval of residents," he added.

A controversial joint ministerial decree issued in 2006 requires the approval of a majority of neighboring residents before new houses of worship can be built. Rights groups have said the stringent requirements make it virtually impossible for minority groups to get permits.

Police predict more religious conflicts

Jakarta Post - December 30, 2011

Dina Indrasafitri, Jakarta – The National Police say social conflicts resulting from religious intolerance here will increase and are looking for ways to prevent a blowout.

With less than three months in command, National Police chief Gen. Timur Pradopo said quelling the brewing tensions between religious groups would be a top priority for next year.

"The handling of... communal and horizontal conflicts [and] problems related to... places of worship and border disputes will be one of the main priorities in 2011," Timur told a press conference.

There were dozens of incidents in 2010 involving the condemnation or assault of religious minorities.

The incidents included a torching of a Catholic priest's home in North Sumatra in January and a clash in Kuningan, West Java, between an angry mob and Ahmadiyah members, who have been called heretics by other Muslims.

Two members of the Batak Protestant Church in Ciketing, Bekasi, were attacked in September following a long-running conflict between church members and residents of the predominantly Muslim area who disapproved of Christian religious services being held near their homes.

The most recent incident happened earlier this week when Muslims in Bogor demanded that a Christmas Eve prayer service at the Taman Yasmin Church be moved, citing permit problems.

Amid the incidents – which have intensified since 2000, according to a Center for the Study of Islam and Society survey – many have said that the response of the police has been nothing but reactionary.

According to Timur, the police's role would extend beyond prevention and taking action against crimes stemming from religious conflict.

"We will also push to find a solution. Worship is something one must do. If no place is available then the regional government should provide one, in a function hall or somewhere, so that people can worship in peace," he said.

Syarif Hidayatullah Islamic University rector Komaruddin Hidayat, said the National Police's new energy to fight intolerance might have come too late and it would be hard for the police to unlearn old habits.

"The police are representatives of the state and the law. There are no majorities or minorities for them. They have been giving the impression of being on the majority's side," Komaruddin said.

Muhammad Isnur from the Jakarta Legal Aid Institute said that the police had lacked firmness in handling conflicts and in taking action against perpetrators. "Instead of protecting the minority, they have protected the majority," Isnur said.

Earlier this month, prosecutors and police sealed off an Ahmadiyah orphanage in Tasikmalaya, locking 10 children inside.

Benny Soesatyo from the Setara Institute said that all the police had to do was take action against violators. "All the police chief has to do is be firm..."

Benny said a mediating role should be left to the Interfaith Communications Forum (FKUB), while regional governments should be responsible for religious harmony in their areas.

Groups urge government to stop intolerance, enforce law

Jakarta Post - December 28, 2010

Human rights activists called on the government Monday to cease the blockade of an Ahmadi orphanage in Tasikmalaya and protect people's constitutional right to worship, while another group condemned an attack on a church in Bogor.

On Dec. 7, Tasikmalaya district prosecutors summoned the leader of Ahmadiyah's Tasikmalaya branch and banned all religious activity inside the Ahmadiyah orphanage in Kawalu district of Tasikmalaya, West Java, citing public protests.

A day later, prosecutors and police sealed off the orphanage, locking 10 children inside.

"The police, prosecutors and local administration must reopen [the orphanage] immediately. It's their home and they are only children who want to go to school and play," Muhammad Isnur from the Jakarta Legal Aid Institute (LBH) said.

"The children, aged between 12 to 18 years old, have to climb the fence to get to the school located 2 kilometers from the home," Budi Badrussalam, who lives close to the orphanage, said at the press conference held by the Coalition for Indonesian Children Advocacy on Monday.

Budi said the children stayed inside the orphanage and were looked after by a caretaker. "They have no choice," he told The Jakarta Post.

Budi, who is also an Ahmadi, said the orphanage received threats this year from people claiming to be from the hard-line Islam Defenders Front (FPI) and the Islam Defender Troops (LPI).

One of the children, Sofwatur Rohman, said officials tried to expel the children on the same day that the orphanage was sealed off. "We choose to stay inside and they put a padlock on the gate after telling us they did it because the place was used for worship," he said.

Rohman said neighbors sometimes checked on them and brought food for the locked-up children.

Children rights advocate from the National Commission for Child Protection (Komnas Anak), Seto Mulyadi, criticized the government for not protecting the children. "Children are supposed to be protected and should not be involved in any conflict, especially religious ones," he said.

Nia Sjarifuddin from the Unity and Diversity National Alliance (ANBTI) condemned the government, including the Women's Empowerment and Child Protection Ministry, the National Education Ministry, Home Ministry and the Indonesian Child Protection Commission (KPAI) for allowing the children to become victims of religious intolerance.

In another criticism of religious intolerance, the Wahid Institute slammed the government for condoning discrimination against the Indonesian Christian Church (GKI) in Taman Yasmin, Bogor. The government sealed off the under-construction church and stopped the congregation from worshipping and conducting Christmas service.

"The Bogor administration once again violated our rights by ordering us not to observe Christmas this year," Bona Sigalingging from the church told the Post.

The congregation has been on the receiving end of discriminatory treatment by the local government since March when officials forced them to stop the church construction and later sealed off the site.

Bona said the church had all requisite permits. "Stop the discrimination. They have the right to worship in peace," M. Subhi Azhari from the Wahid Institute said. "The central government must act immediately to protect their rights to worship." (ipa)

Indonesian government urged to deal with Bogor church intimidation

Jakarta Globe - December 27, 2010

Arientha Primanita – Religious tolerance groups have lambasted the government over its lack of response to the intimidation of a Christian congregation forced to hold its Christmas service out on the street in Bogor.

The incident on Saturday saw a crowd of around 100 people taunt and jeer the congregation of the GKI Taman Yasmin church as they prayed under heavy police protection. The congregation has been forced to hold services on the sidewalk since January after the Bogor administration revoked its church permit.

Bona Sigalingging, a spokesman for GKI Taman Yasmin, said the congregation felt the authorities had allowed the intimidation to occur.

"The police were out in full force on the day, with their personnel fully equipped," he said. "It felt like a show of force against us, rather than a deterrent for the protesters." He added the congregation would keep holding services on the sidewalk outside its sealed-off church.

Bona was speaking at a press conference at the Wahid Institute in Jakarta, where religious tolerance groups discussed the issue and the government's response to it.

Khoirul Anam of the Human Rights Working Group said the Bogor administration had violated the right to religious freedom and prevailing laws by sealing off the church.

He said a pending review of a court order to reopen the church in June 2009 did not require the church to remain roped off in the meantime. He urged the central government to intervene. "We shouldn't sway to small radical groups," he said. "The government must guarantee security for all citizens."

Khoirul added the government should not be afraid to suspend organized groups known to use violence against others and said more inter-religious dialogue was needed to improve public tolerance of other religions.

Syafi'i Anwar, executive director of the International Center for Islam and Pluralism, said the central government needs to treat the matter seriously, warning that neglecting it could lead to more problems. "Indonesia's democracy is progressing, but religious freedom is declining," he said.

He added the government needs to be directly involved in resolving issues of religious freedom and intolerance. "Incidents of intolerance can tarnish the nation's international image," Syafi'i said. "Besides, it's the state's obligation to protect its citizens and guarantee religious freedom."

Rights groups demand Ahmadiyah orphanage be unlocked

Jakarta Globe - December 27, 2010

Elisabeth Oktofani – Twelve rights groups on Monday called on the government to reopen an Ahmadiyah orphanage that had been kept shut for weeks by law enforcers.

Ilma Sovri Yanti, a national advocacy officer for SOS Children's Villages Indonesia, urged the authorities to reopen the Khasanah Kautsar Orphanage, which is operated by the minority Ahmadiyah community in Kawalu subdistrict in Tasikmalaya, West Java.

Its closure, Ilma said, was a violation of the children's rights. The orphanage was locked up, with the children and staff still inside, by the subdistrict police chief and prosecutor on Dec. 18. Officials argued that the hard-line Islamic Defenders Front (FPI) would otherwise have come to close it down.

"We sent a statement to the Tasikmalaya prosecutor's office and also to the regional secretary on Sunday night regarding the violation of the children's rights by locking the orphanage's gate from the outside," Ilma said.

SOS Children's Villages is one of 12 nongovernmental organizations lobbying the district government to reopen the orphanage. Among the other groups are the Maarif Institute, Wahid Institute, Commission for Missing Persons and Victims of Violence (Kontras), Jakarta Legal Aid Foundation (LBH) and Indonesian Legal Aid and Human Rights Association (PBHI).

Ilma said the NGOs would request a public meeting with the government to find an alternative solution for the orphans if the Tasikmalaya authorities failed to respond by next week.

Members of the Ahmadiyah community have been the target of repeated, often violent attacks in the past few years from hard-line Muslim groups mostly in West Java and West Nusa Tenggara.

Rights activists have blamed the country's highest authority on Islamic affairs, the Indonesian Council of Ulema (MUI), for declaring Ahmadiyah a deviant Islamic sect, therefore encouraging violence against its followers. The government also recently banned the sect from worshiping in public and from proselytizing.

Speaking on behalf of the NGOs, the national director of SOS Children's Villages, Gregor Hadi Nitihardjo, called on the government to remove the locks on the orphanage, guarantee the children's security and assure a conducive environment for the children be integrated into society.

He said shutting down the orphanage had caused fear, mental trauma and physical danger for the children, who now climb a three-meter wall every day to go to school or get supplies.

Sopwatur Rohman, an 18-year-old boy who has spent the past 20 days at the orphanage, said he was afraid and wondered why the government had locked them inside.

"We live in fear because officials often come to check on the lock," he said. "People also drive by sometimes to yell at us." Seto Mulyadi, chairman of the National Commission for Child Protection (Komnas Anak), said children should not be dragged into adult conflicts.

"The locking up of the children inside the orphanage has taken away the right of the children to have a comfortable place to live, to get an education and also to have the freedom of religion or belief," he said.

Seto said he would meet with the head of the FPI, Rizieq Shihab, and the leader of the FPI's Tasikmalaya chapter to find a solution that will spare the children.

Christians observe a peaceful Xmas

Jakarta Post - December 26, 2010

Jakarta – Indonesian Christians celebrated Christmas in peace on Saturday, with almost no security threats reported.

In spite of recent religious tension, the Christmas observance also saw Muslims and Islamist organizations standing guard to help create a secure environment for Christians to observe the birth of Jesus.

In Jakarta, members of Muslim organizations like the Betawi Brotherhood Forum (Forkabi), the youth wing of Nahdlatul Ulama GP Ansor and the Maluku Muslim Youth Forum (FPMM), joined the police to stand guard at a number of churches for Christmas Mass services.

Members of Forkabi and GP Ansor joined police and military personnel deployed to guard the Immanuel Protestant Church in Gambir, Central Jakarta, whereas FPMM members joined the security detail at the nearby Jakarta Cathedral.

"Christmas this year is celebrated with a greater spirit of tolerance, especially with the security support from the government and other institutions, which allows us to observe the Holy day in peace," Immanuel Protestant Church representative Wilhelinus Aub Taulo said after Christmas Mass on Saturday.

Church security team leader Beni Muaya said that in addition to members of Forkabi, neighborhood residents also took part in securing the area.

At the nearby Cathedral, 29 members of the FPMM volunteered to help provide security for Christmas observances in the church.

"We want to build a harmonious relationship between people of different faiths, and this is how we do it," FPMM leader Ali Tatawalat said, adding that his colleagues had stood guard since Christmas Eve.

In spite of the heightened security measures, not all Christians in the city felt safe observing Christmas. Some could not hide their anxiety about coming to church for service.

Hingsi Clarce Umbas, who prayed at Immanuel Church on Saturday, said he preferred the afternoon service. "I prefer an afternoon Mass rather than on Christmas Eve," she said. "In the day, you can see people who come to the church, and what they carry. I don't think I can do that at night," Hingsi told the Post.

In recent years, Muslim extremists throughout the country have carried out terror attacks against churches during Christmas. Earlier this week, the US-based monitoring group SITE released a transcript of an audio-taped threat purportedly made by a Jihadist group that threatened to detonate bombs in countries celebrating Christmas.

On Christmas Eve the Jakarta Police said intelligence reports found no serious threats to Christmas observances in Jakarta. However, in spite of the absence of credible terror threats, police carried out operations at a number of churches to look for explosives materials.

"The police bomb squad has been deployed to some churches that are considered security risks," police spokesman Sr. Comr. Baharudin Djafar said.

The National Police said it deployed more than 150,000 personnel – more than one third of the police force – in the security operation before, during and after Christmas.

But for some Christians, possible terror attacks were the last thing they had to deal with on Saturday. Some Christians literally had to take to the street to perform Christmas services after local authorities decided to close their churches.

In Parung, Bogor, congregations of the St. John the Baptist Church had to perform their Christmas service on a soccer field because the Bogor administration declined to issue a permit for the construction of a church following complaints from the local community.

In Taman Yasmin, Bogor, members of the GKI Church congregation held an open air service after authorities decided to shut down the church, arguing it violated a land use bylaw.

In Makassar, the South Sulawesi Police deployed 5,000 personnel to secure Christmas celebrations in the city. On Christmas Eve, Makassar Mayor Ilham Arief Sirajuddin visited a number of churches where Christians were holding mass.

In Padang, the administration deployed 450 officers, including members of the Padang Police, Public Order Agency and Transportation Agency, to stand guard for Christmas. (map)

[Andi Hajramurni contributed to this report from Makassar.]

Demonstration forces congregation to hold Christmas service on sidewalk

Jakarta Globe - December 26, 2010

Nivell Rayda, Bogor – Members of an Indonesian Christian church in Bogor, West Java held their Christmas service on the sidewalk in front of their sealed-off building on Saturday evening under the protection and watchful eyes of some 150 armed police officers.

The service, which started at 8 p.m., was tainted by around 100 protesters claiming to be from surrounding communities who rejected the church's presence in the Taman Yasmin area. The demonstrators chanted prayers and taunted the congregation while shouting "Sidewalks are not a place of worship, arrest them and burn the building" throughout the proceedings.

The Rev. Ujang Tanusaputra urged the 100 church members bold enough to show up to the service amid the tension and taunting of the protesters to smile. "This is Christmas, a time to rejoice and strengthen our faith," he said.

On July 13, 2006, the congregation, also known as the GKI, secured a permit from the Bogor administration to build a church in Taman Yasmin, but the permit was suspended on February 8, 2008 and construction was ordered to stop.

Ahmad Iman, who said he is a resident of Taman Yasmin, accused the congregation of falsifying the community's signatures in a petition supporting construction of the church. "It is clear that there has been a manipulation of data," he said.

"The residents do not want a church in this area. They were surprised to see their names on the petition."

The suspension was annulled by the Jakarta State Administrative Affairs Court on June 11, 2009, and the Bogor administration was ordered to reopen the site and allow construction to continue. The Bogor government, however, refused to obey the orders while they filed a case review to the Supreme Court.

"The excuse is unacceptable," GKI spokesman Bona Sigalingging said. "Lodging a case review does not delay the execution of court orders."

Thomas Wadu Dara, an organizer of the service, said that based on the court ruling, construction resumed on January 4 but the site was attacked by a group of men four days later.

"They told the workers to leave. They ransacked and vandalized the unfinished church. Police did little to stop the destruction and no one was prosecuted," he told the Jakarta Globe.

"In response to the attack, we started holding our services here on the sidewalk in front of our sealed-off church. At first we just used a mat, but eventually church members started raising money to rent tents and stools. This Christmas celebration is the 25th time we have held our service on the streets."

Bogor secretary Bambang Gunawan was spotted talking to the protesters. "Please pak Bambang, tell these people to leave. They have been provoking us with their singing and prayers. Staging their service here is against the law," Ahmad told the city secretary.

Bambang, however, was reluctant to meet the protesters' demand. He seemed hesitant knowing that Eva Sundari, a member of the House of Representatives from the legal commission, was among those attending the service.

"I will summon the mayor of Bogor during a House hearing. I will ask him if Pancasila (national ideology) and the Constitution are really applied in Bogor," said Eva, who is from the Indonesian Democratic Party of Struggle (PDI-P).

The service ended at 9:30 p.m. Members had to be escorted by armed police officers to their vehicles as protesters booed them. Some female members even had to wear head scarves that made them appear Muslim in order to ensure safe passage home.

Islam & religion

Indonesian Muslim cleric warns against over-the-top Christmas

Reuters - December 23, 2010

Olivia Rondonuwu, Jakarta – Opulent Christmas decorations at shopping malls in Indonesia, the world's most populous Muslim nation, could incite anger among non-Christians, the country's highest Islamic authority said on Thursday.

Although 90 percent of the country's 240 million people are Muslim, the capital's myriad glitzy malls have been decorated with Christmas lights and bunting – including faux snow, Santas and nativity scenes. A man hold a candle during a Christmas mass at the Gelora Bung Karno stadium in Jakarta December 11, 2010. (REUTERS/Supri/Files)

"Christmas describes a certain religion, and if the religion advertises it too overtly – even though they have only a small number of followers – it will cause jealousy and anger from other groups," said Ma'ruf Amin, of Indonesia's Ulema Council.

Retailers say the giant Christmas trees, paper mache reindeers and carols serve no religious purpose and are there to attract more shoppers during the holiday seasons. But Amin said over-the-top festivities could hurt existing tolerance.

"You can attract buyers without using religious symbols," he told Reuters. "Even the majority (Muslims) celebrate their big days modestly. How come a few followers who have plenty of money celebrate it the other way?"

Indonesia's Muslims are overwhelmingly moderate, but analysts say hardliners are becoming increasingly vocal, creating tensions that if not managed, could spark the sort of religious violence last seen over a decade ago.

The Jakarta Post quoted a pluralist group, The Wahid Institute, recording 133 challenges to religious freedom this year, saying the attacks were directed at Christians and Ahmadiyya followers, an Islamic sect considered heretical by some.

A different group, The Moderate Muslim Society, told the newspaper it recorded 81 cases of religious intolerance this year compared to 59 cases in 2009 – most also against Christians or Ahmadiyyas.

Debate between moderates and Islamists is growing on social media sites such as Twitter and Facebook, and topics range from whether Muslims can even greet Christians by saying "Merry Christmas", to the establishment of new places of worship and religious symbols.

Officially secular, Indonesia nevertheless marks Friday as a Christmas public holiday.

Sex & pornography

Protesters demand harsh sentence for Ariel

Jakarta Post - December 24, 2010

Yuli Tri Suwarn – Angry protesters in front of Bandung District Court on Thursday demanded Nazriel "Ariel" Irham be punished severely for his alleged involvement in a sex video case.

The protestors, from the Islam Defenders Front (FPI), Bandung Adultery Watch and the Antipornography Alliance, threatened to resort to street justice if the judges failed to hand down a heavy sentence to the defendants.

They also accused the witnesses that were testifying at trial that day of favoring Ariel in their testimony.

Ariel is currently on trial at Bandung District Court, along with his former music editor Reza Rizaldy.

The protestors called for the implementation of sharia law against the defendants through the use of corporal punishment. They also held up posters with such provocations as "Hang Ariel" and "Cane or Stone Ariel".

Ariel is alleged to have created sex videos featuring himself with two women: Cut Tari and his fiancee Luna Maya. The videos were posted on the Internet and became readily accessible.

Reza is facing charges for allegedly uploading the videos onto the Internet. Cut Tari admitted she was one of the women featured in the video during testimony at Ariel's trial, something that Ariel has denied.

The trial has been followed closely by several groups in Bandung.

On Thursday, the scene outside court became chaotic when protestors began shaking a gate and ended up breaking it. Police immediately cordoned off the area to prevent protestors from entering the courtyard of the court.

Inside court, six witnesses were testifying in Ariel's favor. Ariel's lawyer Afrian Bondjol hailed the testimony that his client was not involved in the dissemination of the videos.

"They were not sure if Ariel helped to spread the videos. My client did not do it. My client is a victim," Afrian said.

Legislation & parliament

After a year to forget, lawmakers told to regain moral high ground in 2011

Jakarta Globe - December 23, 2010

Anita Rachman – If any government body could use a fresh start in 2011 it is the House of Representatives.

After a year of courting controversy with ill-advised pork-barrel schemes, a proposed new and expensive office building and costly overseas trips on the taxpayer's dime, lawmakers are being urged to rebuild their tattered image in the new year.

Sebastian Salang, from Concerned Citizens for the Indonesian Legislature (Formappi), said on Thursday that the House was so embroiled in controversy this year that it achieved little of note.

"People's trust in the House has fallen to zero," he said in a meeting with House Speaker Marzuki Alie. "Next year, the House must regain the people's trust by eliminating insignificant and unpopular policies."

He said his group had tried to identify the achievements of lawmakers, but "we don't know what there is to praise". "The problem is, the House hasn't just had a poor performance – it's also proven to be lazy."

Much of the criticism leveled at lawmakers, he added, concerned their lack of discipline and their poor attendance at plenary sessions.

With lawmakers skipping so many meetings, it is no surprise they fell far short of their legislative target. The House had set a target of passing 70 bills by the end of the year but managed only 16, and many of those concerned routine matters like budgets.

"The way the public sees it, legislators have done nothing significant," Sebastian said. "The first law passed by the House this year was on clemency for death-row inmates. How many people will that benefit? The House should instead have passed laws that would help the wider public."

He said if legislators did not improve their performance in 2011, the growing public anger could prove a threat to the House or even Indonesian democracy itself.

"If the House fails to regain some level of moral legitimacy, then it's in danger," he said. "The people will ignore whatever it does and they'll stop coming out for elections. They're already getting fed up with the House and the electoral system. If the people stop voting, that's a threat to our democracy."

Marzuki said that while the House did everything "with good intentions," some of its members "can't deliver the message well." He cited the proposed office building, with a price tag of Rp 1.3 trillion ($144 million) and featuring a swimming pool and spa.

The new building, he said, was only proposed because the current one was overcrowded. "But because our communication was weak, this otherwise good concept turned rotten," he said.

In a written statement reviewing the House's performance over the past year, Marzuki said all the criticism of lawmakers had been duly noted and would be addressed.

"The House, and myself as the speaker, has not turned a blind eye to the criticism, suggestions and proposals from various groups," he wrote. Marzuki added that he hoped lawmakers would do better in 2011, including meeting their legislative target, which has been increased to 91 bills.

Jakarta & urban life

Capital's crime rate down in 2010, police chief says

Jakarta Globe - December 28, 2010

Zaky Pawas – Jakarta Police Chief Insp. Gen. Sutarman said on Tuesday that the number of crimes in the capital had fallen over the past year, but added a worrying rise in homicide and the growing seriousness of assault cases were bucking the trend.

Sutarman said a total of 55,006 crimes were reported to the police so far this year, down from 57,038 in all of 2009. "We've managed to solve 30,401 of this year's cases, whereas last year we solved only 29,334," Sutarman said.

He added that for every 100,000 people in Jakarta, 248 people had been charged with a criminal offense this year, down slightly from 257 last year. Sutarman also noted a drop in 10 of the 11 most common crimes, although he said the gravity of some of the offenses was far greater than before.

The 11 common crimes are murder, rape, aggravated assault, extortion, arson, drug trafficking, vehicle theft, gambling, theft with assault, ordinary theft and juvenile delinquency.

Those crimes experienced a reduction from last year's figures, except murder, which has seen 89 cases so far this year, compared to 79 in 2009.

Even then, Sutarman said, police were making good progress in solving the cases. "We've already solved 67 of the homicide cases and we're working on the other 22," he said.

He added that while the number of aggravated assault cases had dropped from 2,201 to 1,835 this year, several key cases remained unsolved.

Among them are the firebombing of Tempo magazine's editorial office on July 6 by unknown parties. The attack was believed to be in retaliation over the magazine's cover story that month, which delved into the suspiciously large bank accounts of several police generals.

The morning the magazine was to have gone on sale, 30,000 copies were bought up by unknown parties, although there were reports that stacks of magazines were loaded into police cars.

Another assault case that remains open is the July 8 attack on Tama Satya Langkun, a researcher with Indonesia Corruption Watch, who was instrumental in compiling the report on which Tempo based its expose. Tama was assaulted by several attackers when leaving his office.

"We still don't know who was responsible for those attacks," Sutarman said.

He said one of the reasons so many cases remained unsolved was because of ongoing reforms within the police force. "The bureaucratic reforms aren't yielding optimal results yet, so we're still hitting obstacles in terms of human resource management and facilities," he said.

Another problem was the bad publicity garnered each time a police officer was alleged to have committed a crime. "That obviously erodes public trust in the institution, which in turn makes it more difficult for the rest of the force to do its job," Sutarman said.

External factors included criminals employing more advanced techniques and technologies, government policies that were not conducive to law enforcement and an increase in mob riots, the police chief said.

Own more than one car in Jakarta? Get ready for next week's new tax

Jakarta Globe - December 27, 2010

Arientha Primanita – As the city administration prepares to impose a progressive tax on vehicle ownership in a bid to boost revenue, it also hopes to highlight its benefits in solving Jakarta's traffic problems.

Under the new rule, owners will be taxed 1.5 percent of the vehicle's value for their first vehicle, 1.75 percent for the second, 2.5 percent for the third and 4 percent for the fourth and above. The tax, which takes effect on Jan. 3, applies to new and existing vehicles.

Previously, the tax was a flat 1.5 percent of the vehicle's value, regardless of how many other vehicles the owner possessed.

Iwan Setiawandi, head of the city's tax office, said on Monday there were an estimated 490,000 vehicles in the city that could be classified as second vehicles, along with 111,000 third vehicles and 109,000 fourth vehicles.

With the progressive tax in place, he said, the city administration could earn up to 7 percent more in vehicle tax than before.

"Of the revenue from vehicle tax, around 10 percent will be earmarked for infrastructure development and improving public transportation, as stipulated in a 2009 law on regional revenue," he said.

Iwan a dded that of the vehicle tax revenue from the previous fiscal year, which reached Rp 3.06 trillion ($340 million), Rp 300 billion had been allocated for infrastructure and transportation, including road repair projects.

He said the tax office would work with the city's population and civil registrar to identify car owners. "We'll trace the ownership based on address to prevent people from fraudulently claiming to own fewer vehicles," he said.

Jakarta Governor Fauzi Bowo previously said the progressive tax was necessary to stem the number of new vehicles hitting the city's streets each day. The number of new cars and motorcycles in Jakarta increases by an estimated 10 percent a year, according to the administration, with 890 new motorcycles and 420 new cars registered each day.

Fauzi said the higher tax would prompt people to start using public transportation rather than private vehicles.

Ellen Tangkudung, a transportation expert from the University of Indonesia, welcomed the higher tax but said the revenue should be spent transparently.

"Imposing a progressive tax is necessary in Jakarta," she said. "The revenue generated must really be spent on improving public transportation because everyone expects comfortable public transportation."

Ellen added that the city administration should issue more policies that stimulate public transportation instead of private vehicle ownership.

She also suggested transportation authorities in Jakarta work more intensively with their counterparts in the satellite communities of Tangerang, Bekasi and Bogor to restrict the number of vehicles entering the capital each day.

Muhammad Sanusi, a member of the City Council's Commission D, which oversees development issues, said the city must ensure that revenue generated from the progressive tax is spent on improving existing public transportation networks.

"The money from the vehicle tax must go toward public transport facilities like the TransJakarta busway, commuter railways and road improvement projects," he said.

Sanusi said the city administration should not focus just on raking in the extra revenue but instead ensure the money will be used to produce concrete results for the public.

Transport & communication

Maritime casualty reports increase to 128 cases in 2010

Jakarta Post - December 28, 2010

Nani Afrida, Jakarta – The National Commission of Transportation Safety (KNKT) revealed Tuesday that the number of maritime casualty reports had increased to 128 cases in 2010 from 124 cases in 2009.

"Although the number of cases rose, the [human losses] decreased to 185 people from 247 victims in 2009," KNKT chairman Tatang Kurniadi said in Jakarta.

The KNKT also noted 50 percent of the casualties involved motorboats, cargo carriers and container ships, while the casualties involving tug boats accounted for only 21 percent.

"In the Java Sea there were 48 incidents, as it is the busiest waterway in the country," he said.

Tatang added that from the total cases, KNKT only investigated five severe incidents.

Film & television

A frightful year for Indonesian horror

Jakarta Globe - December 28, 2010

Marcel Thee – Unless you've been in spiritual exile for the last few years, you've probably noticed the incessant amount of shamelessly pitiful horror films appearing in local cinemas. These films tirelessly regurgitate the same old idea: A group of overcurious teens battling a ghoul or two, or an endless loop of cheap raunchiness closer to horrific than erotic.

In 2010, for some unknown reason, the producers of such films thought that their work was still too classy and needed something more – an extra punch just in case all the semi-nudity, predictable storylines and witless scares didn't carry enough commercial viability.

And, judging from this year's titles, moviegoers must have demanded insanely ludicrous movie names to go along with the nonsensical plots. Apparently, the kids needed to be sure exactly what the films were about. Why beat around the bush when you can just plop a ghost into any random trending topic and make that the title? Try this winner on for size: "Setan Facebook" ("Facebook Satan"). Everything you need to know about the movie is right there.

Unfortunately, the bizarre title hoopla didn't bring us any local B-grade movie classics. Those hoping for our very own "They Came From Mars" or "The King of Zombies" were disappointed because, weird titles or not, the films still resorted to the same old bag of tricks. Apparently, even irony is a concept lost on many local producers, leaving audiences stuck with a list of ludicrously titled bad movies that could have been classics.

'Hantu Puncak Datang Bulan' ('The Menstruating Ghost of Puncak')

Well, there you go. It is indeed possible to combine the words "menstruating" and "ghost" in the title of a commercially released film. Trust me when I say the amalgamation between those two factors sounds even ickier in Indonesian.

The main apparitions in the film (the menstruating protagonists, so to speak) come into existence after the male ghost-to-be rapes his menstruating girlfriend. The lovely couple get into a fight and end up dead.

While the premise is so-bad-it-could-have-been-good, what follows is another predictable tumble between a few horny teens and a ghoul that attacks every time she goes through "that time of the month." Oooohhh, scary. At least they could have given us a tampon-wielding version of Satan.

'Diperkosa Setan' ('Raped by a Ghost')

You know how films like "Cannibal Holocaust" are considered horror classics due to their unabashed gruesomeness? Well, "Diperkosa Setan" makes films like those look like Academy Award contenders.

The movie employs no particular special effects in its invisible ghost sex scenes. As a matter of fact, it appears that the film's producers didn't bother to employ a scriptwriter either. Lacking in plot, the movie focuses on its sex-crazed protagonist, a young man whose conquests apparently extend to every single female in the city.

He accidentally dies of an overdose while getting high to cure the depression he feels after being deprived of sex... for a few hours, and then comes back to exact his revenge.

'Suster Keramas' ('Shampooing Nurse')

Like the producers and cast of this film, I am not sure what the story is about. Apparently it has something to do with a Japanese tourist, played with finesse and conviction by Japanese porn star Rin Sakuragi, who wants to look for her sister – a nurse who is now a ghost who likes to attack people in the shower. That is all.

What could have been a unique opportunity to use dandruff as a weapon or stick a soap bar up a ghoul's secret place instead runs through all the old cliches of loud noises and long-haired, buxom dead vixens. Only this time, there's also a set of Japanese breasts that are bouncing alongside all the local ones.

'Setan Facebook' ('Facebook Satan')

Just when you thought the Oscar would go to "The Social Network," this underdog steps out from the shadows. Trying to incorporate a little social insight through its Facebook-obsessed protagonist, the film makes social networkers the bad guys.

You'll be rooting pretty hard for the apparition to hack up the protagonist soon enough, as the heroine in question is a Facebook-obsessed dimwit who updates her status more often than she takes a breath.

When her friends begin to die after accepting a friend request from an unknown girl, our heroine must overcome an array of obstacles, including running, screaming and running while screaming.

'Cin... Tetangga Gue Kuntilanak' ('Honey... My Neighbor Is a Ghost')

No, this is not an afterlife sequel to "Dude, Where's My Car?" The film is not as smart, and none of its actors are as good as Ashton Kutcher.

What could have at least been a fun paranoia flick a la "Disturbia" is one of the worst things to grace the silver screen... ever... anywhere.

Seemingly produced and directed by a schizophrenic coke addict, this horror showcases every cheap-looking special effect in the history of cinema. It's not even sinetron worthy.

You know those tacky effects used as backgrounds in photo booths? This movie's got 'em. Just when you think the background clips used for ballads in karaoke bars are the worst, here comes "Cin... Tetangga Gue Kuntilanak!" Hoo-ray!

Year of the flop for Indonesian film-making

Jakarta Globe - December 28, 2010

Nauval Yazid – There's no doubt that 2010 was, overall, not a good year for the Indonesian film industry. Since that is a somewhat subjective statement, let's start with some figures.

There was a huge drop-off in attendance for local films. In 2009, the top six highest-grossing local movies each sold over one million tickets. In 2010, only a single local film broke the million mark.

By Dec. 30, 81 Indonesian films will have been released this year in cinemas, only slightly down from 83 films in 2009, yet a big decline from 91 films in 2008.

In an ideal world, the year's decreased output of films would correspond with an improvement in production values, but sadly, this has not been the case. The decrease in output was matched by an equal drop in overall quality.

In terms of variety, the past year has been dominated by esek esek, a genre of peek-a-boo, half-baked, semi-porn horror films that very rarely generate any real scares or titillation. While they might have worked, albeit very briefly, in the mid-1990s, unfortunately that has not been the case this year.

Ranging from mediocre to downright degrading, these films, with difficult- to-translate titles like "Dendam Pocong Mupeng," "Kain Kafan Perawan," and "Rayuan Arwah Penasaran," have turned off more audiences than they've turned on, causing them to flee from theaters.

Obviously this has resulted in a decline in overall box office earnings.

Long gone are the glory days when any local theatrical release had to sell just over 500,000 tickets to be considered a hit. Nowadays, a film must hit at least the million mark to be considered box-office gold, and only one film has managed to do so all year – "Sang Pencerah" ("The Enlightened One"), a biopic about Ahmad Dahlan, the founding father of the second- largest Muslim organization in the country, Muhammadiyah.

Combining a wide theatrical release with traveling screenings to areas without cinemas – including most small cities across Indonesia – the film managed to sell upwards of 1.2 million tickets.

The only other Indonesian movie that was even able to break the 500,000 mark this year was the teen drama "18+ True Love Never Dies."

The next three highest-grossing films of the year so far are "Menculik Miyabi" ("Chasing Miyabi"), the tame teen comedy featuring Japanese porn star Maria Ozawa; "Tiran: Mati di Ranjang" ("Tiran: Dead in Bed"), a horror movie starring dangdut singer Dewi Persik; and "Satu Jam Saja" ("One Hour Only"), a melodrama, produced by Rano Karno, which resembles many of his famous films from the 1980s.

How "Sang Pencerah" achieved the rare feat of garnering both critical and commercial triumph was probably due to several factors – it was highly- marketed to select audiences, boasted a carefully prepared promotional campaign and, most importantly, it was released during the Lebaran holiday, which is Indonesia's equivalent to Hollywood's summer blockbuster season.

The Lebaran period this year began after a whole fasting month of Ramadhan went by without any new Indonesian releases, something of a rarity that has not happened anytime in recent memory.

It was a breath of fresh air, indeed. Alongside "Pencerah," the Lebaran holiday period saw the return of the king of dangdut, Rhoma Irama, this time with his son, Ridho Rhoma, in the unpretentious and hilarious quasi- musical, "Dawai 2 Asmara" ("Strings of Two Romances"), war movie "Darah Garuda" ("Blood of the Eagle") and low-brow comedy "Lihat Boleh Pegang Jangan" ("You May See But Not Touch"), also featuring our current box- office queen – Dewi Persik. The prominent rise of Dewi in Indonesian cinema over the past two year parallels the rise of a new breed of crassly commercial low-budget films. These movies are usually shot within a few days and hurried into cinemas to make a quick profit within the week or two they have before they are buried by bad reviews and fade into obscurity.

Dewi's rising prominence in tabloids and television gossip shows is part of an increasing trend toward sensationalized "news" events, such as fake fights between her and her co-stars, being used as marketing gimmicks. However, her latest feud with celebrity co-star Julia Perez led to a backlash online, which shows how quickly this gimmick has grown tiresome.

Of course, for many lovers of quality cinema, these kind of antics by local film promoters were tiresome to begin with, especially since they can't seem to get basic marketing fundamentals right.

Perhaps we're biased by Hollywood's hype machine, which can crank up a year in advance of a film opening, but there were several Indonesian films this year, such as "Rokkap," "London Virginia," and "Mafia Insyaf" ("Repent Mafia") which were released without any advanced publicity whatsoever.

Adding salt to the wounds is the recent public spat between judges for the Indonesian Film Festival awards, marring what should be the ultimate honor in Indonesian filmmaking.

Yet, quality of choices aside, the FFI continues to select films that have not even been released yet, further alienating itself from a public that still sees the event as irrelevant.

The overall downturn in quality was embarrassingly evident at every important local film festival. Organizers of the Indonesian International Fantastic Film Festival issued a strong statement about the diminishing quality of Indonesian horror films by opting not to screen any at their event.

The Jakarta International Film Festival greatly reduced the number of contenders in the festival's Indonesian feature film competition to eight from 16 the year before.

In a year when regional films have started taking major film festivals by storm – the Thai film, "Uncle Boonmee Who Can Recall His Past Lives," won Best Picture at Cannes, while Malaysian and Singaporean films were also featured prominently at the festival – it's a pity that we still have to contend with internal disputes.

Thus, I deem that less than 10 percent of the local film industry's output for the entire year is worth being proud of. That said, there were a few high points.

In contrast to all of the hammy horror flicks, there was the polished and well-crafted "Rumah Dara," titled "Macabre" in English markets, which pays homage to the slasher genre. It was one of the few films that managed to find receptive audiences on the international market.

Against stiff competition from dramas that were featuring shirtless men and women in skimpy clothes on their posters, the comedy satire "Alangkah Lucunya Negeri Ini" ("How Funny Our Country Is") won praise for its nail- biting story-line, which paved the way for a respectable box-office take.

Indonesian domestic worker drama "Minggu Pagi di Victoria Park" ("Sunday Morning in Victoria Park") is a solid film with deft direction and a fine performance by the leading actress, Lola Amaria. The critically-acclaimed movie is still making it's way around the foreign film festival circuit.

Another fresh comedy was "Laskar Pemimpi" ("Troop of Dreamers"), which saw the comedy group Project Pop make their screen debut.

Finally, another positive development was the creation of a Web site cataloging information about local films. Aptly called Film Indonesia, the site (www.filmindonesia.or.id) – modeled after the Internet Movie Database (www.imdb.com) – went online just last month after years of preparation.

For the first time, Indonesian film buffs and critics like myself will have all the information we need right at our fingertips. It's long overdue and, hopefully, a sign of progress.

On an optimistic note, there's a lot of potential for next year. Director Joko Anwar will return to the thriller genre for which he has won so much acclaim and Rudi Soedjarwo will make a return to drama. There will also be a new film by Nurman Hakim, the lauded director of "3 Doa 3 Cinta" ("3 Wishes 3 Loves"). Nurman's new film, called "Khalifah," should challenge people's ideas about religious tolerance. It's a good start, but not much to go on. Indonesian film lovers will just have to keep hoping for good news on the silver screens of our theaters.

Judiciary & legal system

Scholar-politician duo will bolster KY's power: Experts

Jakarta Post - December 31, 2011

The election of law professor Eman Suparman and former politico Imam Ansori on Thursday to lead the Judicial Commission is a good step to bolster the troubled watchdog, say observers.

The Judicial Commission (KY) was established to monitor a judiciary that has been widely perceived as corrupt. Legislators are currently deliberating amendments to the law that established the commission to give it more teeth, including the power to punish errant judges.

In two unprecedented moves, the KY's seven commissioners agreed to stage an open vote for commission chairman and stipulated that the new chief would serve for 30 months, or for half of the KY's 2010-2014 session.

Eman received four of seven votes cast on Thursday, while his rival, former Supreme Court justice Abbas Said, received three votes.

Antigraft activists welcomed Eman's election out of dislike for Abbas, whom they agreed was unqualified for the job due to a poor track record.

Abbas was one of several judges who asked the Constitutional Court to scrap part of the Judicial Commission Law that gave the KY authority to monitor judges. The Constitutional Court granted the request in 2006.

Former legislator Imam Anshori Saleh was elected KY deputy chairman.

Asep Rahmat Fajar from the Indonesia Legal Roundtable (ILR) said that he was pleased with the results since neither Eman nor Iman had bad track records but had wanted candidates to present their visions and goals before the KY voted.

"It's good that they decided to make the voting open to public – but it would have been better if they had all presented their visions and goals. The presentations could have been used as a tool to measure and monitor their performance," he told The Jakarta Post.

Incoming KY chairman Eman was a civil law lecturer and later a professor at Padjajaran University in Bandung.

Born in Kuningan, West Java; on April 23, 1959, Eman graduated from Padjajaran University and Yogyakarta's Gajah Mada University and was awarded a doctorate in law from Diponegoro University in Semarang, Central Java, in February 2004.

Incoming KY deputy chairman Imam was a legislator for the National Awakening Party (PKB) from 2004 and 2009 and served on the House of Representative's Commission III.

At his inauguration, Eman said that the KY would lobby the House to revise the 2004 Judicial Commission Law to strengthen its mission in monitoring judges.

Former KY chairman and current Corruption Eradication Commission (KPK) chief Busyro Muqoddas, came to the election to support his successors.

"They will have to work hard to lobby the House of Representatives to revise the 2004 Law on the Judicial Commission to reinforce the commission's authority to question bad judges," Busyro said.

Busyro said that he believed the pair would work well as a team and would be good leaders for the KY.

"Scholars have good analytical abilities. We need someone to monitor the judicial system from a critical perspective," he said.

Another newly-appointed KY commissioner, Suparman Marzuki, echoed Busyro, saying the presence of a politician would help maintain good relations with the House.

"A scholar-politician duo is good. Imam was a good politician. This is a benefit for the commission as we lobby the House to revise the 2004 law," Suparman said after the event. (ipa)

Hope remains high for toothless judicial watchdog

Jakarta Post - December 26, 2010

Jakarta – The Judicial Commission is scheduled to select a chairman Monday in an election observers are calling crucial to improving the watchdog's performance.

Earlier this month, the House of Representatives' Commission III overseeing legal affairs elected seven new commissioners to head the institute for the 2010-2014 term: Eman Suparman, Abbas Said, Imam Ansori Saleh, Taufiqurrahman, Suparman Marzuki, Jaja Ahmad Jayus and Ibrahim.

The 2004 Judicial Commission Law stipulates that the seven elected commissioners would select one of their own to lead the institute.

Asep Rahmat Fajar from the Indonesia Legal Roundtable (ILR) expressed hope for the future of the commission, which was widely seen as toothless for lacking the power to punish rogue judges.

"There is hope. However, things will only turn around if the new commissioners work together honestly and independently to improve the commission," Asep told The Jakarta Post on Saturday.

He added one way for the commissioners to prove their commitment to the public was to have an open and transparent selection process to pick a chairman next Monday.

"This is so the public knows what kind of person has been chosen to lead the body," he said. "Getting the candidates to publicly announce their platforms would lead to expectations that the candidates should make good on their promises."

Asep said he believed the Commission under the right leadership would be stronger in the future. "Past commissioners set the foundations for the organization, including its structure, culture as well as networking. Now the new commissioners have to pick up the reins by strengthening the Commission," he said.

Asep emphasized this could be achieved by pushing the House to revise the law on the Commission to give it more power to oversee judges.

Last week, activists from various judicial watchdogs grouped under the Court Monitoring Coalition (KPP) came to the Commission to file reports on Abbas Said, who they perceived as unsuitable for the post of chairman because of his tainted track record.

"We found at least two flaws. Abbas Said was among 31 Supreme Court justices who appealed for a judicial review on the Judicial Commission's authority to monitor judges," Hasril Hertanto from the Indonesian Judicial Watch Society (Mappi) told Eddy Hary Susanto, the head of the judge supervisory unit, at the Commission during the meeting last week.

"He also has a questionable record in handling cases during his tenure as a justice," Hasril added.

However, the ILR's Asep said there were at least three people the Coalition perceived as "clean": Eman Suparman, Imam Ansori and Suparman Marzuki.

Eman Suparman, a former civil law lecturer at Bandung's Padjajaran University, was appointed as professor in 2009.

A legislator between 2004 and 2009, Imam Ansori Saleh from the National Awakening Party (PKB) once served on the House's Commission III.

Suparman Marzuki is a lecturer at the Indonesia Islamic University in Yogyakarta. (ipa)

Police & law enforcement

Police most violent institution in 2010, Kontras says

Jakarta Globe - December 29, 2010

Dessy Sagita – A major Indonesian human rights group has accused the National Police of being the state institution guilty of committing the highest number of acts of violence against the public in 2010.

This year "leaves a big stain on the National Police's record in terms of working toward reform and accountability," Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), told a press conference on Tuesday.

"This year there were at least 34 cases of violence perpetrated by members of the National Police against the public," he said. Haris added that most of the violence involved torture, especially during investigations, as well as the excessive use of force and abuse of police weapons.

Kontras said that many cases of police violence were linked to the frequent arrest of those believed to be involved in separatist movements, including the use of excessive force, torture and the denial of rights, such as suspects' lack of access to family and lawyers.

"The thing is, not everyone arrested for being involved with a separatist group such as RMS [South Maluku Republic] or OPM [Free Papua Movement] has been proven to be a member of these groups," Haris said. "And even if they were, it's still not right to torture them during investigations."

He added that in many such cases victims were not even offered access to medical treatment after being tortured.

Kontras further underlined the state's failure to protect freedom of religion in Indonesia, as witnessed by the rampant cases of violence occurring against religious minorities across the country this year.

Haris said that during recent cases of religious violence, such as the church attack in Ciketing, Bekasi, and at the Khasanah Kautsar Orphanage, the police have tended to simply stand by as minority groups were the victims of violence.

He cited another example of police violence against the public in Buol, Central Sulawesi, in September when police fired live rounds into a crowd of rioters, killing eight people and injuring 26 more.

Haris said the police had not been open enough when it came to enforcing the law against its own officers, with the number of violent acts committed by members of the force remaining high.

He said police officers were often lightly sanctioned for infractions, including violence. "There is no firm punishment to give a strong warning to other police officers," he said.

Haris said the high volume of violence committed by members of the National Police was ironic because since the reform era started in 1998, the force had carried out institutional reforms many times over and developed many instruments of law to deal with such cases.

National Police spokesman Sr. Comr. Boy Rafli Amar said he appreciated the feedback from Kontras. However, he denied that the police had performed poorly in pursuing cases of violence involving its members.

Boy said the National Police had clear legal mechanisms to deal strict punishments to its officers if they were found to have violated regulations.

"It's not true that our members are above the law, in many cases police officers have had to face criminal court just like civilians," he said.

Boy insisted that the force had done its best to treat its personnel fairly. "Our stance is clear, we punish those who are guilty, and we reward those who have made positive contributions," he said.

Police most violent judicial apparatus: Study

Jakarta Post - December 29, 2010

Bagus B. T. Saragih, Jakarta – The police are the worst of all judicial apparatus that use violence in carrying out their duties, a study by the Jakarta Legal Aid Foundation says.

Following the police in the list of "most violent apparatus" were military officers, prosecutors, wardens and public order officers.

Foundation member Restaria F. Hutabarat, who chaired the research team, said police officers used torture as a regular method when questioning suspects. "Our study showed police detectives tortured because they were annoyed or impatient in seeking information," she said Wednesday.

According to the study, the most frequent kind of torture committed by police was punching, followed by kicking, slapping, hair pulling, burning parts of the body, poking with burning cigarettes, forced nudity, forced masturbation and groping.

Restaria said torture was introduced to suspects and defendants during legal processes, beginning with arrest through questioning, detention and until trial "Even in Aceh where sharia law applies, the police commit torture and sexual harassment," she said.

The foundation conducted research from January 2009 to January 2010, with questionnaires as the main method to gather information.

Seven hundred and forty-eight suspects, defendants and convicts were surveyed in detention centers and prisons in Jakarta, Banda Aceh, Lhokseumawe, Surabaya and Makassar.

Criminal justice & prison system

Government building more cells, refurbishing jails

Jakarta Post - December 27, 2010

Jakarta – The government says it will build or refurbish 63 penitentiaries in Indonesia early next year in a bid to reduce prison overcrowding.

"This is related to complaints about the capacity of penitentiaries," Justice and Human Rights Ministry penitentiary director Untung Sugiyono said on Saturday as quoted by tempointeraktif.com news portal.

He said the revitalization program started in 2008 and had been financed by the central government.

"Hopefully it will be finished by early 2011. The penitentiaries are spread throughout Indonesia, especially in West Java, including in Cilegon, Bandung and Banjar," Untung said, adding that 10,000 new cells were being built.

"Fifty buildings are already finished, while work will start on another 30 new buildings in 2011," he said.

One new building, for example, would be in central Cikarang, Bekasi, as the existing penitentiary in the regency could not hold more inmates, he said.

Over half of child prisoners are in adult jails, officials admit

Jakarta Globe - December 23, 2010

Made Arya Kencana, Denpasar – Fifty-seven percent of the more than 6,000 children incarcerated across the country are locked up alongside adult offenders rather than in juvenile detention centers, according to child welfare officials.

Sutarti Sudewo, deputy minister for women's empowerment and child protection, said the problem came down to a simple lack of space. She said Indonesia had 16 juvenile detention centers, which were only able to hold 2,357 of the country's 6,273 registered young offenders.

Of the remainder, 3,576 are locked up in adult penitentiaries, while the rest are housed at the 15 children's centers run by the Social Affairs Ministry or welfare homes run by charitable groups.

"To make matters worse, the government only has 34 certified social workers for children," Sutarti said on Thursday during a seminar in Denpasar on children and the justice system.

The country has seen a significant increase in the number of juvenile detainees this year, from last year's figure of 5,308. Sutarti said this was a point of concern.

"Everyone needs to be concerned about how and why there's been this big increase in the number of children being jailed," she said.

Apong Herlina, from the Indonesian Commission for Child Protection (KPAI), a nongovernmental group, said juvenile offenders should be subjected to restorative or reparative justice rather than criminal prosecution.

Restorative justice treats a crime as an offense against the victim rather than against the state, and allows for a variety of options for the offender to make reparations, including by apologizing, returning stolen items or doing community service.

"Law enforcement agencies from the police up to the judges must begin taking into consideration what is in these children's best interests," Apong said.

"Applying restorative justice in the case of juvenile offenders is particularly appropriate because these children need to be given the chance to better themselves in the future."

She said several state institutions had signed a joint agreement on imposing restorative rather than criminal justice against child offenders, but the idea had not yet caught on with law enforcers in the field.

The institutions backing the idea include the Women's Empowerment and Child Protection Ministry, the Supreme Court, the Attorney General's Office, the Justice and Human Rights Ministry, the Social Affairs Ministry and the National Police. "We've advocated on behalf of [many child offenders] and ensured they were all sent to either a juvenile penitentiary or a children's shelter," said Nyoman Masni, the KPAI Bali chairwoman.

"We've also ensured that these cases don't disrupt their education and that they can continue their studies."

Nationalism & chauvinism

Tensions with neighboring Malaysia extend far beyond the football field

Jakarta Globe - December 23, 2010

Dessy Sagita – In a finding that will surprise few, more than half of 1,000 Indonesians surveyed in September and October said they did not like Malaysia for a number of reasons.

The findings were released on Thursday by the Indonesian Survey Circle (LSI) just days before Sunday's AFF Cup football final between the two countries.

It found that 59.2 percent of respondents in 100 villages across Indonesia disliked Malaysia, higher than the 46.4 percent who harbored negative views of the United States.

It also found that 67.5 percent of respondents believed that bilateral relations between Indonesia and Malaysia were very poor, thus contributing to the negative sentiment.

Ardian Sopa, the coordinator of the survey, attributed the negative sentiment largely to ill-treatment of Indonesian migrant workers by their Malaysian employers, border spats and Malaysian claims to Indonesian cultural heritage such as batik.

He also pointed to recent incidents that had been played up by the media here, in particular the tit-for-tat arrests of three Indonesian maritime officers by a Malaysian naval patrol, following the arrests of Malaysian fishermen by the Indonesian coast guard.

That incident caused widespread anger across Indonesia, with daily protests in front of the Malaysian Embassy culminating in demonstrators hurling human feces at the building. All of the detainees were eventually released.

Ardian said almost 60 percent of survey respondents were disappointed with the commitment shown by the Indonesian government to resolving bilateral disagreements, and 50 percent believed the government had done nothing toward this end.

"What makes the negative sentiment even worse is the fact that most people think the government is not doing its best to resolve the disputes," he said.

Most of the respondents hostile to Malaysia, he added, were relatively young and earning a good income, while older respondents making less money tended to have fewer problems with the neighboring country.

Another significant finding was that 63 percent of respondents expressed a willingness to go to war to defend Indonesia.

Hikmahanto Juwana, an international law expert at the University of Indonesia, blamed the negative sentiment toward Malaysia on the vastly different mind-sets between residents of the two countries.

"Most Indonesians still cling to the historical notion that Malaysia is Indonesia's underling and should behave with deference, while many Malaysians perceive Indonesians as mere domestic workers," he said.

The government, he added, should be held responsible for the negative sentiment. He said if Jakarta did a better job of managing the outstanding disputes, Indonesians would be less inclined to vent against Malaysia.

"What we want to avoid is riling up Indonesians who are disappointed in the government and want to take it out on Malaysia," Hikmahanto said.

Mining & energy

Domestic bank lending for oil, gas and mining still very low: BI

Jakarta Post - December 27, 2010

Alfian, Jakarta – Bank Indonesia (BI) recorded that domestic bank lending to the oil, gas, and mining sectors is still very small, contributing only around 3.17 percent of total banks' outstanding lending.

Irwan Lubis, head of the research and banking regulating bureau at the central bank, said that bank lending to the sectors amounted to only around Rp 53 trillion (US$5.86 billion) out of domestic banks' total outstanding loans, currently valued around Rp 1,700 trillion.

"It's only 3.17 percent of total lending, meaning the gap is very big," Irwan said during a seminar on energy and mining last week.

Most lending to the sectors went to oil and gas, accounting for 65 percent of the total, he said, adding that the second highest amount went to Indonesia's coal industry, accounting for 24 percent. Irwan said that, as debtors, the oil, gas, and mining sectors actually showed good performance.

"The sectors' gross NPL (non-performing loans) is only 2.14 percent, which is lower than the average national NPL for total bank lending. This should encourage banks to provide more lending to the sectors," he said.

Despite the positive indicator, current lending from domestic banks to the oil, gas, and mining sectors is still very low because, among other reasons, the banks' lack of knowledge about the industry, Irwan said.

"The biggest factor contributing to the low lending is the banks' lack of knowledge for analyzing both risks and opportunities. Bank account officers sometimes do not have sufficient knowledge of the industry," Irwan said, adding that this obstacle could be overcome through intense dialogue between banks and industry players.

Another obstacle hampering domestic bank lending to the industries is the long investment period for oil, gas, and mining projects. "Most banks' funds are short-term, thus, there is potential for a liquidity mismatch," he said. However, solutions for this should be negotiated by both parties, he added.

Irwan said BI, as the monetary authority, would issue several regulations to help the oil, gas, mining, and other sectors, to access capital at reasonable rates.

"BI will force banks to be more transparent regarding the basis of their lending rates. There will be several regulations forcing banks to be more competitive in terms of lending rates so businesses will benefit from this," he said.

Oil and gas is one of the most capital intensive industries. Upstream oil and gas regulator BPMigas estimates that oil and gas contractors operating in Indonesia will spend $18.9 billion in 2011, up from about $13 billion estimated to be spent this year.

Despite the huge finance requirements, Irwan said domestic banks were still capable of providing the capital. "The domestic banks can form consortiums for this purpose," he said.

The major interaction between oil and gas companies and domestic banks is currently in transaction facilitation. In 2008, BPMigas issued a regulation ordering all oil and gas contractors to use domestic banks for their business transactions. BPMigas recorded that oil and gas contractors' transaction through state-owned banks reached $7.87 billion in 2010, up from $3.93 billion in 2009.

Crying out for fresh funding, energy sector eyes 58% growth in investment

Jakarta Globe - December 23, 2010

Ririn Radiawati Kusuma – Indonesia is wooing investors at home and abroad to spend more exploring and developing the country's oil and gas reserves as it struggles to meet output targets.

Total investment in the oil and gas industry is expected to grow 58 percent to $18.9 billion next year from an estimated $11.95 billion this year, said Haposan Napitupulu, planning deputy at upstream energy regulator BPMigas.

Around 9 percent of the total investment, or $1.24 billion, will be spent on exploring new oil and gas blocks next year, BPMigas said in a statement. Another 63 percent will allocated for production and 22 percent for development.

The government's production target next year is 970,000 barrels of oil per day, Haposan said, up from 965,000 this year.

Chevron Pacific Indonesia, the local unit of the global oil major, plans to open a new resource block next year. BPMigas said this week that Area 13 in CPI's North Duri project on Sumatra Island could produce up to 40,000 barrels per day.

CPI produces 380,000 bpd, or around 45 percent of Indonesia's total production of crude oil.

Haposan said the country would not meet its output goal this year due to accidents, which he called "unplanned shutdowns."

Oil production this year reached 947,000 bpd as of Dec. 8, but BPMigas head Raden Priyono said accidents resulted in a loss of 263,000 barrels. A gas pipeline operated by Transportasi Gas Indonesia in Duri, Riau, sprang a leak in November that was initially estimated to cost 500,000 barrels, though that total was later revised downward.

Haposan said companies must make innovations in order to boost their production next year. "Chevron, for instance, they have failed to extract oil from four wells," he said, a lapse that reportedly resulted in $400 million in losses.

Raden said the success rate of drilling activities this year was only 73 percent.

State energy company Pertamina, meanwhile, said it would revisit old wells next year and was expected to produce 132,000 bpd. The president director of Pertamina Hulu Energi, Dwi Martono, said Pertamina also planned to purchase 9,000 bpd next year to cover fuel demand.

Nuclear power 'not feasible' for Indonesia: Expert

Jakarta Post - December 23, 2010

Imung Yuniardi, Semarang – Developing nuclear power in Indonesia is not feasible due to the huge initial investment required and the high price of uranium, a government energy expert says.

There is no reason for the Indonesian government to develop nuclear power plants (PLTN) given the lower costs of renewable energy power generators, according to Rinaldy Dalimi of the National Energy Council.

"This is no longer an issue of safety but more about investment calculations and a consideration of the fact that Indonesia will have to import uranium should it develop a PLTN," Rinaldy said at a seminar on new and renewable energy in Semarang, Central Java, on Tuesday.

According to Rinaldy, who is also a professor at the University of Indonesia, the nation's uranium reserves were relatively small and could only power a single 3,000-megawatt nuclear reactor for 11 years.

Plans to establish a nuclear power, first mooted during Soeharto's era, have drawn criticism from environmental organizations.

During a hearing in May, legislators urged the government to be serious in realizing its plan to build a nuclear power plant in Jepara, Central Java.

Rinaldy said a nuclear power plant would require US$4,000 to produce a single kilowatt of electricity while a steam-powered generator would require $800 to produce the same amount.

"The price of the energy that [nuclear power plants] produce therefore will surely be much higher when compared to electricity produced by a PLTU or PLTG [gas-powered generator]," he said.

Pressure to develop nuclear power in Indonesia might have come from countries with nuclear technology such as Japan and Russia, he said, adding that only 15 percent of countries worldwide had nuclear power plants.

"They have approached Indonesia over consideration that the government's policies still support the development of PLTNs."

The main objective of establishing the National Atom Agency (BATAN) and other nuclear-related institutions over the last 56 years ago was not to produce electricity but to master nuclear technology, according to Rinaldy.

The government so far has heard only one side of the case for nuclear power development, Rinaldy said.

Rinaldy said that BATAN should organize a national forum where differing parties could meet and talk further about nuclear power development in Indonesia based on the latest developments in energy technology.

He said developed countries had been developing cheap sources of renewable energy such as solar cell technology. "My suggestion is the government initiate the use of renewable energy. By 2050 at least 75 percent of energy used in Indonesia should be renewable."

Electricity power pundit Nengah Sudja agreed, suggesting that BATAN should not promote nuclear power plants but instead investigate the use of nuclear energy in the areas of health and medicine, industry and research, food and agriculture.

Responsibility for electricity production should rest with state electricity company PT PLN or private companies, Nengah said.

Nengah said the government had not given sufficient support to research institutions such as BATAN, the Agency for the Assessment and Application of Technology (BPPT) and the Indonesian Institute of Sciences (LIPI) to develop cheap sources of renewable energy.

Finance & banking

Indonesian banks facing stricter Forex rules to tame 'hot money'

Jakarta Globe - December 29, 2010

Francezka Nangoy & Faisal Maliki Baskoro – The central bank plans to compel domestic lenders to increase their foreign exchange reserves deposited at Bank Indonesia starting in March to rein in hot money that could threaten the country's economic stability.

"The reserve requirement will be increased in two stages: to 5 percent on March 1, and then raised to 8 percent on June 1," said Darmin Nasution, governor of Bank Indonesia. Currently, banks are required to set aside 1 percent of their foreign exchange deposits as reserves.

Analyst estimate that the move by the central bank could soak up as much as $2.5 billion in liquidity from the market.

BI has been wrestling with the surge in foreign capital in the past year as near-zero interest rates in the West and Japan have prompted investors to seek higher yields in emerging economies such as Indonesia. Although foreign funds support growth, they drive up prices and have the potential to create asset bubbles, which could create havok when they burst.

The central bank has refrained from raising its benchmark interest rate, instead opting to increase bank reserve requirements and introducing measures to require investors to keep their money in the country for longer periods of time.

"The policy will be implemented in stages to allow banks more time. The policy will be evaluated from time to time to reflect the real economic condition," Darmin said on Wednesday.

Starting on Nov. 1, BI required lenders to set aside 8 percent of their rupiah deposits as reserves, up from 5 percent. The central bank also said it would introduce an additional reserve requirement in March that would penalize banks with loan-to-deposit ratios below 78 percent or above 100 percent.

Darmin said the country saw an influx of $16.2 billion worth of portfolio investment flow into the economy in 2010, while foreign direct investment rose to $12.2 billion in 2010 from $5 billion just a year earlier.

Another policy that will be implemented to minimize the risk of sudden capital flight next year limits the amount of size of short-term loans foreign entities take from a domestic bank to not more than 30 percent of the lender's total capital. BI hopes the move will lead to more prudent management of the loans as well as longer credit terms. This policy is to take effect by the end of January.

Darmin added that with these measures there was no need for capital controls to cool inflows. "What we need now is to manage the capital inflow by setting the reserve requirement, deepening the capital market and always being aware of global financial volatility," he said.

Economist have hailed the move. "It is a positive step as it could reduce the cost of monetary operation," said Destry Damayanti, an economists at Mandiri Sekuritas in Jakarta.

"This policy is needed to absorb excess liquidity in the market. This policy is a better alternative in stabilizing the economy compared to increasing the BI rate," Destry said. She added that raising the reserve requirement to 8 percent might make it difficult for banks to channel foreign-exchange credit.

BI has kept its key rate at a record low 6.5 percent since August 2009, which while historically low for the country is among the highest in the region.

Indonesian banks' lending growth outpaces 22% forecast

Jakarta Globe - December 23, 2010

Dion Bisara – Loans by Indonesian commercial banks this year have grown 23 percent to Rp 1,708.15 trillion ($190 billion) from the same period a year ago, Bank Indonesia said.

The growth came in above the central bank's full-year target of 22 percent, while it measured 19.4 percent on a year-to-date basis. "Toward the end of year, bank loan disbursements continued to show improvement," BI spokesman Difi A Johansyah said.

Banks have loaned aggressively this year to meet growing demand for financing by corporations and individuals in Indonesia's surging economy.

In the past week alone, Difi said, Rp 7.22 trillion of loans were disbursed, consisting of Rp 4.04 trillion in rupiah-denomianted loans and the equivalent of Rp 3.18 trillion in foreign currencies.

However, economists said lending must grow at a higher rate to achieve the 7 percent goal for economic growth in 2014.

Faisal Basri, an economist from University of Indonesia, noted that banks' lending contribution to the country's gross domestic product was still low compared to other nation's.

"Our banks' loan-to-gross domestic product ratio currently stands at around 35 percent. That means real sector performance is weak," Faisal said.

He said the loan-to-GDP ratio in countries such as Vietnam, Thailand and Malaysia already surpasses 100 percent, while in China the ratio is 140 percent.

BI has taken steps to encourage banks to raising their lending. The central bank recently issued a policy that requires banks to have a loan-to-deposit ratio of between 78 and 100 percent starting from March 1. If not, banks would have to set aside a higher minimum reserve requirements.

Bank Indonesia also plans to encourage more competition in the sector by requiring banks to publicly report their lending rates, allowing banks to become more efficient.

Lowering lending rates is expected to encourage businesses to borrow more from the banking system. BI is expected to issue the reporting regulation in early 2011.

Analysis & opinion

Indonesia's 'slow motion genocide'

The Guardian - December 30, 2011

Jay Griffiths – I have a hit list in my hand. Fifteen people are threatened with assassination because they speak out for freedom and democracy, against a massacre. One of them, in a list of civilians including church ministers, youth leaders, legislators and an anthropologist, is a friend of mine.

The hit list is compiled by Kopassus, the Indonesian army's notorious special forces unit, responsible for vicious human rights abuses in Timor- Leste and West Papua.

Kopassus targets these 15 for their "prohibited speech" that has "reached the outside world", bearing witness to "the issue of severe human rights violations in Papua". These are the words of Kopassus itself, in a leaked report given to investigative reporter Allan Nairn, last month. Kopassus has not denied its veracity.

Although the US Leahy Law forbids funding to military units that violate human rights, Kopassus is now being supported by president Obama, under the guise of fighting terrorism.

The Kopassus document gives the lie to that, showing their systematic targeting of civilians. Number five on their list is the current president of the Papuan Presidium Council, whose predecessor, Theys Eluay, had his throat slit in 2001.

While I was in West Papua, I met the then-president, who told me he had also been the victim of a failed assassination. My friend, a church minister, told me of widespread abuse, rape and killings. Another told me about seeing soldiers torture and murder around 100 villagers.

In October, video footage showed West Papuan villagers being tortured by the military. Yelps, gulps and sobs of fear and pain momentarily broke a media silence until the websites hosting the footage were subject to cyber attacks. But the chances are you won't know anything about this, because the media does not bear witness to it. In a form of lethal meekness so well exposed by John Pilger, journalists say Indonesia refuses entry to the media. This is entirely correct and entirely spurious. It is not difficult to go there: buy a ticket, say you're a tourist, and get your notebook out.

A functional media is as important to democratic freedom as voting. West Papua has been robbed of both. Indonesia invaded in 1962. In 1969, under the "act of free choice", 1,026 West Papuans were ordered at gunpoint to vote for integration with Indonesia. This contravened international law, and was a travesty of democracy. "The process of consultation did not allow a genuinely free choice to be made," said a British Foreign and Commonwealth Office briefing that year. The American embassy in Jakarta in June 1969 knew what was in store for the Papuans: the act of free choice, according to the embassy, "is unfolding like a Greek tragedy, the conclusion pre-ordained".

The reasons for this collusion become clear if you rewind to 1967, when president Suharto's men struck a deal to hand over West Papua's wealth of natural resources to international companies, including a mountain of copper and gold – now the world's most valuable mine, Freeport McMoRan.

In return, Indonesia received billions of corporate dollars plus, crucially, international connivance in covering up human rights abuses. Racism played a part: those who would suffer, said the British embassy, were merely "a relatively small number of very primitive people", occupying what a White House adviser dismissed as "a few thousand miles of cannibal land".

A massive transmigration programme of Javanese aims to make Papuans a minority in their own lands. At least 100,000 Papuans, according to Amnesty International, have been murdered, with weaponry provided by British and American companies in lucrative arms deals. Obama knows this: just ahead of his November visit to Indonesia, 50 members of the US Congress wrote to him concerning West Papua's "slow-motion genocide", and Congress held a (barely reported) hearing on Papuan human rights abuses. Human rights organisations repeatedly bring massacres and abuses to the attention of the media, who repeatedly ignore them. In these lethal omissions, the press tacitly colludes in mass murder.

Most disturbing trend of 2010 isn't going anywhere in 2011

Jakarta Globe - December 28, 2010

Nicholaus Prasetya – As the euphoria of New Year celebrations draw near and we begin to reflect on the events of the past year, one trend in particular should add a sobering touch to our perception of the year that was.

The Moderate Muslim Society says Indonesia saw at least 81 cases of inter- religious conflict in 2010 – an increase of more than 30 percent from 2009.

The Wahid Institute on Tuesday said it had recorded 196 cases of violence based on intolerance and religious discrimination in Indonesia during 2010, an increase of almost 50 percent from a year earlier.

And looking even further back, reports show that these incidents have, surprisingly, risen significantly since the fall of the New Order.

2010 was rife with examples of hard-line Islamic groups repressing minority groups by denying permission to build houses of worship, sometimes with the backing of government officials.

The year has indeed given rise to the question of whether these kind of incidents are part and parcel of the democratic era.

Democracy is widely interpreted as a condition in which people can freely express whatever they like in order to create a government that can accommodate the needs of all. The end goal for democracy is the common good of a people, which is often signified by a society's increasing prosperity.

Prosperity, however, is not always the result of something so quantifiable as increasing incomes. Other factors are involved, such as the ability to live a life without threat of religious violence.

This condition is imperative for Indonesia in particular, since diversity – especially in religion – is at the very core of our national identity. Without religious tolerance, a key component of our societal prosperity is lost.

The crucial questions as we go forward are thus: How can Indonesians live peacefully in the next year in the face of rising intolerance? And can democracy, as it exists here, guarantee the prosperity of all?

In German philosopher Jurgen Habermas's model of deliberative democracy, discourse is considered an integral part of a well-functioning society. It is only when all people are allowed to communicate freely, without dominance or subservience, he said, that consensus will be reached that can bind all people without coercion.

A deliberative democracy is ideal for Indonesia, as conflicts can never be solved with more conflict. It is only with the presence of mind to build communication that intolerance will wane.

It is regretful that our government itself has played a role in some acts of intolerance. In one stark example, our religious affairs minister said that disbanding the Islamic sect Ahmadiyah was necessary in order to make society more peaceful.

Other examples can be seen in the administrative difficulty Christians have faced in trying to build houses of worship in regions like Bekasi, and in the incident in Tanjung Balai in which a Buddha statue was torn down with the backing of the religious affairs minister.

And the Wahid Institute found that 72 percent of actors in cases of religious violence in 2010 were from local governments, legislative councils, the Public Order Agency (Satpol PP) and the police.

From these cases, it can be concluded that government – both local and central – has helped fan the flames of intolerance, either explicitly or implicitly.

Thus, in 2011, what is of the utmost importance is the inclusiveness of the government. Requests to build houses of worship have to be fully accommodated by local government since it is indeed their duty. Furthermore, protection or marginalized groups has to be guaranteed in order to prevent assaults from other mass organizations.

This duty is a must since local government is charged with guaranteeing inter-religious harmony, as was noted in a 2006 joint regulation between the Religious Affairs Ministry and the Home Ministry.

But how can a local government guarantee harmony if it cannot issue building permits – and then lets others tear down houses of worship? Clearly law and reality are in conflict here.

Indonesia still has its work cut out for it in 2011. Hope that the year of intolerance can be used as a source of learning to make the new year something new entirely.

[Nicholaus Prasetya is a student at the Bandung Institute of Technology.]

Corruption takes gloss off Indonesia's boom

Melbourne Age - December 27, 2010

Tom Allard – In September, Indonesia's leader Susilo Bambang Yudhoyono was moved to put pen to paper, composing a letter to Barack Obama.

He was agitated about the plans of the Florida pastor Terry Jones to burn a pile of Korans on the anniversary of the September 11 attacks. If allowed to proceed, it would "humiliate" Muslims around the world and threaten world peace, Dr Yudhoyono wrote.

The sentiments were a reflection of how many people felt, but in the country with the world's largest Muslim population, the reaction was somewhat unexpected. Dr Yudhoyono came under fierce criticism from the mainstream media and from tens of thousands of Indonesians who took to social media to vent their displeasure.

The reason? For much of the previous six months in Indonesia, there had been an alarming escalation in attacks by hardliners on Christians and followers of Ahmadiyah, the minority Islamic sect with some 200,000 members and a history in Indonesia dating to 1925. While the rants of a fringe preacher on the other side of the world upset him, Dr Yudhoyono had been silent about the surge in sectarian violence in his own country.

In many ways, the incident was emblematic of so much of what was disappointing in Indonesia in 2010. It was a year when the economy motored along, but worrying signs emerged that the very Indonesian values that earned the praise of visiting Barack Obama – democracy, tolerance and "unity in diversity" – were under pressure.

Indonesia remains an overwhelmingly moderate country but religious violence has risen, directly aided and abetted at times by the police force. President Yudhoyono's response, when it came, was to appoint a new police chief with close ties to militant Muslim gangs linked to attacks on Christians.

Concerns about Indonesia's security services were further inflamed when soldiers were captured on film torturing prisoners in West Papua. Despite swift condemnation and assurances of justice by Dr Yudhoyono, the soldiers remain unpunished.

Meanwhile, Indonesia's leading reformer, former finance minister Sri Mulyani Indrawati, was forced to quit due to pressure from Dr Yudhoyono's coalition partners, including the head of Golkar, Aburizal Bakrie, whose companies were under investigation for unpaid taxes by Dr Indrawati's ministry.

Despite Dr Yudhoyono's thumping election win on the back of an anti-graft platform, the fight against Indonesia's pernicious, ingrained corruption faltered. Virtually no legislation of note was passed.

As Dr Yudhoyono's spokesman, Daniel Sparingga remarked about the year in politics to The Jakarta Post 10 days ago: "We have achieved almost nothing of substance, to be honest."

For investors though, navigating corrupt officials is an inconvenient part of doing increasingly lucrative business. Much of the economic growth in Indonesia has been driven by resource extraction aided by rising commodity prices. Gas, oil, coal and palm oil production is booming.

But the country's burgeoning middle class and pool of cheap labour are also attracting foreign investors, anxious to tap into a market of more than 240 million people and a workforce where the minimum wage is less than $200 a month.

Foreign direct investment rose by a third to $14 billion in 2010, while the sharemarket picked up 40 per cent. Investors like Indonesia's relative stability. And it is remarkable given the chaos of 1998 that heralded Indonesia's adventure in democracy.

Still, while every man and woman has the vote in Indonesia and elections are fair, the institutions that underpin that democracy – the parliament, the judiciary, security forces and bureaucracy – are deeply corrupt and inefficient.

Graft, the selective use of the rule of law and crumbling infrastructure remain a curb on Indonesia's growth. If, or when, the terms of trade shift unfavourably and the hot money retreats, the continued failure to address these scourges is likely to be felt more keenly.

State keeps morality in-check as it grants rights

Jakarta Post - December 27, 2010

It has been more than a decade since Indonesia bid farewell to Soeharto's authoritarian regime and dove into the pool of democracy.

Like a juvenile who has earned a new freedom, the country – be it elite politicians or ordinary citizens – has been muddling through the air of freedom, longing for its own version of democracy.

Led by no less than four presidents, the government, the former common foe under the previous regime, has played the role of insightful trader, carefully choosing rights that could be awarded to citizens.

After installing direct elections in 2004, both at the presidential and local levels, the government also established other bodies to ensure that citizens could plea and defend their rights in the eyes of justice.

The Constitutional Court was established in 2003 to open the way for citizens who demanded re-interpretation of laws and the Constitution to fulfill their constitutional rights. Those who wanted to challenge lower level regulations, such as bylaws and decrees, could now go to the Supreme Court.

As with many other textbook style utopias, what lies bare beneath the sun is not always as good as what has been written in the text. And in a country where the majority are Muslims, the state has maintained tight measures on its methods to control morality.

The regional autonomy experience has spawned 182 bylaws that have restricted women's rights, 28 of which were deliberated this year. "It's even harder to exercise those bylaws through judicial review in the Supreme Court," National Commission on Violence Against Women commissioner Neng Dara Affiah told The Jakarta Post recently, saying that once bylaws were enacted they were hard to revoke.

Some bylaws oblige Muslim women to be veiled, while others prohibit women from leaving their houses after dark without being accompanied by their lawful spouse or a male relative.

This year also saw the Constitutional Court rebuff a judicial review against the controversial 2008 Pornography Law. Defying the requests of women activists, rights groups and coalitions, the judges upheld the law's definition of porn as "forms of messages through various communication mediums and/or public displays, which contain obscenity or sexual exploitation that violates community norms".

The only woman on the panel, Judge Maria Farida Indrati, raised her dissenting opinion calling the porn definition ambiguous, but failed to turn the tables.

Singer Nazriel "Ariel" Ilham fell as its first culprit after sex videos allegedly featuring him and two models – apparently his long-time girlfriend TV host Luna Maya and presenter Cut Tari on separate occasions – circulated on the Internet.

Another controversial law, the Blasphemy Law, had also been challenged by some human rights, democracy and pluralism groups – even the late former president Abdurrahman Wahid. They lost the battle on April 19 when the Court dismissed their appeals.

A glimmer of light in favor of education and information was provided by the Constitutional Court, which stripped the government's right to ban books under the 1963 Law on Confiscation of Printed Materials.

The Court in October announced that granting government officials the authority to ban books without due process of law was against the Constitution and violated citizens' basic rights.

Its ruling stripped the Attorney General's Office of its authority to ban the publication of books, but turned out an appeal to expunge its power to monitor book publications.

On another judicial review case in April, the public succeeded in exercising their rights when the Court annulled the controversial 2009 Law on Educational Legal Entities, which mandates that all higher education institutions have to be private legal entities.

The Court cited that such a mechanism would hamper the educational process because there was "an obvious disparity in the capacity of the state universities in the country". (ipa)

We have a right to know. Is our new law helping us find out?

Jakarta Globe - December 26, 2010

Andrew Thornley – Information, as the axiom goes, is the oxygen of democracy. So the country's Freedom of Information Law, passed in April 2008 and in full force since April 30 this year, should – in theory – strengthen efforts at reform and allow us all to breathe a little easier.

But questions remain about the extent to which the law will have any significant impact in promoting the transparency and accountability to expose or deter corruption and improve public services.

A look at the law after six months provides some answers. To be sure, there are obstacles in the form of weak sanctions for obstructing information access, the ability of public bodies to define exemptions broadly and the prospect of a lengthy and expensive appeals process.

The country has also yet to promote a genuine commitment from public bodies to provide information. Nonetheless, there are believers in a law that was sought after by free press advocates and various nongovernmental organizations for more than a decade.

According to Agus Sudibyo, a member of the Press Council and long-time freedom-of-information advocate, the law is "both theoretically and practically relevant," especially in the battle against corruption.

Placing it within a broader reform context, Chandra Kirana, a regional coordinator for the Revenue Watch Institute, a prominent monitor of mining and other resource extracting industries, considers the law "a useful tool" to promote good governance.

Certainly the law, as with other such efforts around the world, affirms the importance of public information and has strong procedural guarantees: Information should be provided in a timely manner and at a low cost to the person making the request (although the exact definition of these terms is not spelled out).

The law also requires proactive publication, whereby public bodies – defined as those agencies receiving state funds (including ministries and other government entities), public donations or foreign funds at the national or local level – are required to provide information on a regular or emergency basis, independent of specific requests.

Sanctions – although modest – are also laid out for government officials who obstruct the process of providing information. And there is an appeals system, both internally, through a newly established Information Commission mandated at the national and provincial levels, as well as the existing courts.

Is it enough

It all sounds good. However, worries center on the fact that while this may well be one of many sound laws and policies, the state has simply become too big and cumbersome to implement most of them effectively.

Specific concerns relate to the lack of clarity about information classifications, an absence of sufficient sanctions to enforce compliance and a lengthy appeals process that could dog formal requests for sensitive material.

Ridaya Laodengkowe, from the Publish What You Pay coalition, which monitors the resources extraction sector, said the law could bring significant change, "if we can apply it."

The premise underlying an effective Freedom of Information Law is that all information should be publicly available unless there is a very good reason, systematically applied, for exempting it (and, even then, exemptions should have a time limit). Broadly accepted rationales for exemption include national defense, law enforcement and foreign relations.

In determining exemptions, freedom of information laws often require public bodies to conduct a so-called harm test for withholding information – what significant harm to the public good would result from disclosure? Such tests are typically based on the presumption that information should be made public unless there is a compelling and understandable reason not to do so.

Simply preserving bureaucratic privilege or convenience is not a sufficient justification. Some information laws, further include a "public interest override," meaning that even after the harm test, if release of information can be justified in the greater public interest, then it must be released.

The Achilles' heel of Indonesia's law is that exemptions are very broadly defined, with no explicit mention of overriding public interest. While there is mention of harm tests, subsequent implementing regulations have not provided detailed guidance on how to apply these.

Furthermore, two bills soon up for legislative debate – relating to state secrets and intelligence – may aim to expand the grounds for exemptions.

Public record

In response to public requests so far, exemptions often have been broadly interpreted, a sign that a culture of secrecy even at the lower levels of government remains well entrenched.

A request to the Cilegon District Tourism Department in Banten by Pattiro, a civil society organization, in July asking for information on the department's work plan, the location of tourist sites and numbers of traditional artworks in the district was turned down with the simple explanation that such information was not for the public record.

While sanctions are rarely touted as the best catalyst for adherence to a freedom of information law, they can in some cases be a good motivator. However, Indonesia's law carries only a modest stick. Indeed, punishments are more severe for acquiring classified information than for obstructing access to public information, and individuals receive harsher punishments than institutions.

Both of these "send the wrong signals," according to long-time international freedom of expression campaigner Toby Mendel from the Center for Law and Democracy, an international human rights group working with Indonesian organizations on the implementation of the law.

Those found guilty of acquiring certain kinds of confidential information can be fined up to Rp 20 million ($2,200) and imprisoned as long as three years. Additional sanctions for public bodies are extremely moderate and unlikely to present any meaningful deterrent against abuse of the law.

The maximum sanction for a public body obstructing information access is only Rp 5 million. Interestingly, unlike in the United States and elsewhere where freedom of information requests are routinely used by journalists to open confidential files for stories, in the course of preparing this report, no cases were found of the media using the law.

Indeed, some press organizations bitterly opposed the law precisely because of the potential sanctions imposed against individuals who even inadvertently receive confidential information. Other peculiarities include the fact that foreigners may not request information, raising the question of whether nationality has any relevance for public information.

No doubt, interested foreigners will simply ask an Indonesian colleague to help. Also, anyone filing a public information request must state the reason for the request. Toby McIntosh executive editor of the Washington-based freedominfo.org, considers this requirement of a reason as "objectionable for philosophical and practical reasons."

"Simply put, public information ought to be public regardless of what the intended use is," he said. The concern over this article is that it offers yet another opportunity to decline a request.

And perhaps most peculiar of all, the law is officially entitled the "Openness of Public Information Law," the word freedom having been dropped from earlier drafts of the bill by government representatives. (Reference to "Freedom of Information Law" here is for convenience, as it is an internationally recognized standard.)

Anatomy of a request

One of the most important aspects of the law is the creation of the Information Commission, one of a growing army of semi-potent, quasi- governmental commissions flourishing – and sometimes floundering – in Indonesia's reform era.

The commission is, most important, supposed to mediate and adjudicate disputes arising from information requests.

But 18 months into its tenure, the seven commissioners have yet to receive funds to hire expert staff. That said, the commission has already made two landmark decisions, opening information related to the oil and gas sector and public education funds.

But while the commission's decisions are binding, they are not final. They can be appealed to the courts.

So the anatomy of an information request could read something like this:

(a) File the request;

(b) Not satisfied with the response or lack thereof? File a complaint to a superior at the same institution;

(d) Attend several sessions of mediation and possible formal adjudication of the dispute at the commission;

(e) See the decision go in your favor, but have the public body appeal to the court;

(f) See that court ruling go in your favor, but have the public body appeal to the Supreme Court;

(g) See that ruling go in your favor. Now, in a process that could take months or even years, should the public body in question still refuse to provide the information, this would constitute a criminal act.

As such, the request process can be cumbersome, and the appeals process is, well, less than appealing. It is no secret that Indonesia's courts are widely regarded as time-consuming, costly and rarely trusted to be impartial.

Erry Riyana Hardjapamekas former deputy head of the Corruption Eradication Commission (KPK), suggested the following on the sidelines of one information dispute hearing: "The way to resolve information disputes is not through a war of legal interpretation, but through genuine intention and a spirit to promote transparency."

Scorecard so far

With all this in mind, how has the law fared in practice so far? A quick glance at hundreds of information requests filed since April suggests there is some positive public awareness of and willingness to use the Freedom of Information Law.

But a closer look reveals that many of these requests have been filed by a handful of NGOs, linked, for the most part, in a loose coalition focused on issues of transparency and accountability.

Two organizations, Pattiro and the Sloka Institute, have submitted almost 100 requests between them, in Banten and Bali, respectively.

About a quarter of these have been answered. Garut Governance Watch in West Java made six requests in May and June.

Two were answered quickly, three not at all and one – for the work plan, strategic plan and 2010 financial report of the Regional Public Service Body at Dr. Slamet Public Hospital – was refused.

The fact that there have been even some positive responses to requests, according to the Center for Law and Democracy's Mendel, "is not insignificant." "This is a massive sea change for officials," he said.

On more contentious issues, one individual has filed a request to the Ministry of Religious Affairs regarding use of funds for the hajj pilgrimage.

And a prominent NGO has filed a dispute with the Information Commission concerning its request to the State Intelligence Agency (BIN) for, among other things, the assignment letter of Garuda pilot Pollycarpus Priyanto who was convicted for his role in the murder of human rights activist Munir Said Thalib in 2004.

And as for information requests gone sour, early indications are the costs of disputing a decision are high.

The Discourse and Applied Research Institute (LPAW), an NGO in Central Java, was turned down in its bid for information about financial and corporate interests in the Cepu block oil and gas field.

LPAW filed the country's first official dispute over the matter but Kunarto Marzuki the group's researcher, has complained about the excessive financial burdens due to multiple hearings for which he needs to travel to the provincial capital. The case is ongoing.

While some requests have been swiftly handled, most cases seem to reveal both a lack of significant attention by public bodies to implement the law, as well as a variety of means of bureaucratic obfuscation.

Refusals have been made because a request does not bear an official stamp, come with an official letterhead or have a formal letter of introduction accompanying it – none of which is required under the law.

Observers report that public bodies have been slow to appoint information officers required by law to respond to requests, as well as to confirm the procedures for implementing the law.

No public entity seems to have yet implemented an effective system for determining exemptions. For its part, the Information Commission appears to be finding its feet. Its members seem open and accessible.

They are making confident arguments in information disputes and designing public information initiatives, including opening their adjudication hearings to the people through live video feeds in every province by using the Constitutional Court's facilities.

While the instinct to block requests is strong, there are incentives for skeptical civil servants to go along with the open government program. For example, clean officials can protect themselves from suspicion by releasing documents that show their actions are above board.

Arif Nur Alam director of the Indonesia Budget Center, which has filed a handful of requests relating to regional election budgets and procurement, puts it simply: "The provision of public information is the easiest way to build trust with the people. This shows that government cares."

Chandra, from the RWI, agrees, but cautions that the public will need to "scratch and claw and incessantly be in the fight" to promote adherence to the law.

Mendel says: "Things are not perfect, but they never are. The point is that there is now a tool to try to promote greater openness, and this could grow over time." "Or it could fail," he adds.

[Andrew Thornley is a specialist on democracy and governance who has worked in Indonesia for more than 10 years, most recently with the Research Triangle Institute.]