Farouk Arnaz – Facing a wave of public criticism, the police backed down on Wednesday from their threat to reprimand an officer seen lip-synching and dancing in a now-famous YouTube video.

National Police spokesman Insp. Gen. Anton Bachrul Alam said the officer, First Brig. Norman Kamaru from the Gorontalo Mobile Brigade (Brimob), would not be punished because he was not on duty at the time of the incident.

He added that Norman was "an asset" to the force. "It's his creativity that we should appreciate. He's also renowned as a singer in his unit at the Gorontalo Police," he said. Anton said Norman should be allowed to "pursue his talent." That was extended to his "punishment," which required him to perform once again, but this time in front of his entire brigade.

Just a day earlier, Anton called the performance in the YouTube video, which showed Norman lip-synching and dancing to the Hindi song "Chaiyya Chaiyya," "naughty, childish behavior."

"What he did breaches the code of discipline, as he was wearing a uniform and was on duty at the guards' post," Anton said at the time.

Titled "Polisi Gorontalo Menggila" ("Gorontalo Police Goes Crazy"), the video has been viewed by almost 600,000 people since it was uploaded on March 29.

For his part, Norman told Metro TV on Wednesday that he had accepted his reprimand and vowed not to repeat his actions. He acknowledged recording the video himself, but said he did not upload it to the video-sharing Web site.

The Gorontalo Police, however, did not seem too concerned about the controversy.

One of Norman's fellow officers said Norman had a love for Bollywood movies and music. "He sings and dances to entertain us, he makes us laugh. He's a star," the officer said.

Experts have suggested the police concentrate on other, more important issues facing the nation instead of cracking down on a singing cop.

Magazine blames translator for calling Tommy 'convicted murderer'

Jakarta Globe - April 6, 2011

Heru Andriyanto – An Indonesian magazine has denied it was responsible for describing Hutomo "Tommy" Mandala Putra as a "convicted murderer," instead blaming an English translator.

Speaking after a hearing in the South Jakarta District Court on Tuesday, a lawyer representing Indo Multi Media, the publisher of Garuda Indonesia's in-flight magazine, said the defense had "presented evidence to the judges that proves that the description was added by the English translator."

Lawyer Yogi Sudrajat also said the defense had supplied the judges with evidence to "counter Tommy's claim that the article caused financial losses to him because a golf tournament he hosted couldn't attract sponsors after the article was published."

"In fact, in one magazine, we found that the event organizers of that particular golf tournament ran an advertisement thanking more than 10 companies for their sponsorship," he said.

Tommy, who served just five years of a 15-year sentence for ordering the murder of a Supreme Court judge, is suing the publication house for Rp 25 billion ($2.8 million).

The article in question, "A New Destination to Enjoy in Bali," which was published in the December 2009 issue of Garuda magazine, reviewed Tommy's Pecatu Indah Resort and referred to the owner as a "convicted murderer."

Tommy's lawyer, Ferry Firman Nurwahyu, has said that the reference to his client had no relevance to the article.

"It is not logical, and the term is not in accordance with the title of the article nor its content," he said. "Even as a convicted murderer, Tommy has the right to be treated as a human. He felt that his privacy and dignity had been attacked."

Also listed as defendants in the suit are Garuda, its vice president of corporate communications, Pujobroto, senior marketing and promotion staff member Prasetyo Budi and two staff members of Indo Multi Media.

Housewives 1. Islamic Defenders Front 0.

Jakarta Globe - April 5, 2011

Medan, North Sumatra – A leader of Indonesia's Islamic Defenders Front more than met his match in the form of dozens of enraged housewives on Tuesday.

Suara Pembaruan reported that Darma Bakti Ginting, chairman of the provincial branch of the hard-line group, known as the FPI, and a number of his armed followers were forced to flee to safety after they attempted to evict a mother and her newborn baby from a disputed property.

Though the FPI members escaped without injury, the same could not be said for Darma's van, which was badly damaged by the rampaging women.

"What the housewives did here was spontaneous and it was because we care for our neighbors who are in trouble," Evi, a witness, told the newspaper. "This is also a warning to him [Ginting] not to harm poor people. Had the police not arrived here, we would have beaten him."

Evi said the women became enraged after Ginting and other FPI members damaged a house belonging to Nurhayati, where she lives with her two-week- old baby.

"What he did was inhumane. Just because he's the head of a mass organization, he thought he could take his men, armed, on motorbikes to damage Nurhayati's house. He even took his wife and children to evict her," Evi said.

Ginting claims ownership of the land on which Nurhayati's house is built.

A local police officer told the paper that Ginting's car had been towed to safety. "We dispatched a team as soon as we heard what was happening," the officer said. "The situation has returned to normal and I hope this won't happen again."

Indonesian students protest against 'arrogant' principal

Jakarta Globe - April 4, 2011

Hundreds of students from a private high school in East Jakarta run by one of the country's largest Muslim organizations demanded the resignation of their principal on Monday.

Armed with banners, the students protested at Muhammadiyah 4 high school against Susilo Wardoyo, whom they accused of acting "arrogantly" and handing out arbitrary punishments to school employees.

Protest leader Angga Dimas, head of the East Jakarta Muhammadiyah Students Association, said they had four demands.

The first was for school employees transferred elsewhere by Susilo to be reinstated. They also asked the administration to revoke the recent "unilateral dismissal" of three teachers.

Angga said the students wanted the Jakarta chapter of Muhammadiyah, the second-largest Muslim organization in the country, to annul the appointment of Susilo to the school.

Their final demand was for the school to provide the best possible education for students.

Dozens of officers from the Kramat Jati Police were deployed to watch over the rally, which proceeded peacefully.

Angga said students would continue the protests until their demands were met, despite what he called intimidation from school officials.

Some students, he said, had been threatened with expulsion if they took part in the protest. He also claimed that a member of Muhammadiyah's Kramat Jati chapter had brought a gun to the school to scare students.

"We will continue to protest until the principal is dismissed," Angga said. "If he is not, we will report this case to the leadership of Muhammadiyah so that it can be followed up on."

He said the student association would provide counseling and assistance for those taking part in the protests. Susilo declined to speak to journalists on Monday.

A school employees said the protest was held without a permit, but there was little staff members could do to stop it. "They should have been taking exams today, but they held a rally," said Guntur, a staff member. (Berita Jakarta)

Aceh

Aceh teachers join bid to oust 'deviant' sects

Jakarta Globe - April 8, 2011

Nurdin Hasan, Banda Aceh – Thousands of Muslim teachers and students on Thursday thronged the streets of Banda Aceh, demanding that the governor clamp down on "deviant" religious sects.

The protesters, waving placards bearing condemnations of groups that "deviated from the true teachings of Islam," marched toward Aceh Governor Irwandi Yusuf's office.

Ramli Rasyid, chairman of a teachers' union in Aceh that helped organize the protest, said the contentious sects deserved "the harshest of punishments" and urged the administration to dismantle them for "insulting Islam, the majority religion followed by the people of Aceh."

Of particular concern to the protesters is the minority Muslim sect Millata Abraham, which counts around 700 members since its launch in 2007.

Millata Abraham's devotees do not recognize the Prophet Muhammad and only pray once a day at midnight, instead of five times a day as mainstream Muslims are required. The religious organization was declared haram, or forbidden, by the West Aceh Ulema Council (MPU).

"So far, Banda Aceh Police have arrested three members of Millata Abraham," Ramli said on Thursday.

"We curse every form of deviance from the teachings Islam," he added. Irwandi met with protest leaders on Thursday and assured them that he had already issued a gubernatorial decree banning Millata Abraham from conducting religious activities in Aceh.

The decree, promulgated on Wednesday, also banned 13 other "deviant" sects from practicing their faith.

"According to law, they can be sentenced to a maximum of 5 years in prison," he said. "Not only that, what is actually worse for them is being declared haram and being ostracized by the public," he said.

Ramli said the government should carefully monitor the activities of these sects to ensure that they did not recruit students, who the union leader said were "prime targets for this kind of Islamic deviancy."

"These people are recruiting more and more from student groups," he said, adding that this was the reason they encouraged students to join the protest.

"This is the result of our neglect. This is the responsibility of the government," Ramli said. "The teachers of Banda Aceh are sick of the actions of [sects like] Millata Abraham."

However, not all students who joined Thursday's demonstration appeared to understand the issues. "We were asked by our teachers to protest, so we followed," said Rahmad, a junior school student.

Activist sounds alarm over Aceh's new mining plan

Jakarta Globe - April 6, 2011

Nurdin Hasan, Banda Aceh – An activist in Aceh has attacked the provincial administration for endorsing a mining plan that he insists will severely damage the environment and cause more conflict.

Teuku Muhammad Zulfikar, executive director of the Indonesian Forum for the Environment's (Walhi) Aceh chapter, said on Wednesday that officials included an integrated mining plan in the 2012 development blueprint.

Zulfikar said the move ran counter to the "Aceh Green" theme promoted by Governor Irwandi Yusuf.

"Reviving the mining industry here would be to the detriment of the Acehnese," he said. "There are plenty of examples in the country showing that mining has never helped improve local welfare."

But in a development planning summit on Tuesday, Irwandi said his priority was to spur economic growth based on agriculture, mining and tourism.

Zulfikar said the governor's statement was "suspicious" because the local government had on prior occasions stressed that the mining sector should not be a key growth driver.

"This could be the result of lobbying by mining firms who want to strip Aceh of its mineral wealth," he said. "It also comes at a time when the political elites are jockeying for funding for the gubernatorial and district elections later this year," Zulfikar added.

The vote for a new governor as well as 16 district heads and mayors is set for October, when Irwandi will run for re-election.

Zulfikar said existing iron mines in Aceh Besar and South Aceh districts threatened to contaminate water supply and spark conflicts between villagers and mining companies.

"Most people protest against these firms. There's a real fear that conflicts will worsen if the state insists on allowing more mining operations," he said.

The Walhi official also said vague mining regulations made it hard to gauge how much revenue the province would get from mining concessions, adding that the number of jobs created by the industry would be minimal.

West Papua

Komnas HAM on Lack of commitment to solve human rights issues in Papua

Tabloid JUBI - April 8, 2011

The deputy chairman of the Papuan branch of Komnas HAM, the National Human Rights Commission, Mathius Murib, has accused the regional authorities of lack of commitment to solve human rights violations in West Papua.

He said that the local government had failed to enact a regional regulation known as Perda regarding human rights.

Komnas HAM has already prepared the draft of a Perda but the provincial governor and the provincial legislative assembly have as yet failed to enact it as a regulation.

He cited as examples of the government's lack of commitment the fact that the Wasior case in 2001 and the Wamena case in 2003 were still unresolved although Komnas HAM had carried out pro justicia investigations of these cases and had reached the conclusion that both were cases of gross human rights violations. However, the attorney-general's office had a different opinion about the cases.

Murib made three recommendations that the victims might consider in order to bring such cases to a resolution. They could find ways to use legal mechanisms within the Indonesian judiciary, adding that it might be possible to bring these cases before an international mechanism.

A second possibility was for the provincial government to enact the Perda regulation as drafted by Komnas HAM.

The third possibility was for Komnas HAM to become a regional human rights commission under the framework of the special autonomy law within the powers of authority of the governor of the province of Papua.

Freeport employee injured in another shooting

Jakarta Globe - April 7, 2011

Banjir Ambarita, Jayapura – A Freeport employee suffered from a gunshot wound after yet another shooting around the company's mining area in Papua. Freeport McMoran spokesman Ramd ani Sirait confirmed the shooting, which took place around 2:40 p.m. on Wednesday in Tembagapura, Papua.

According to him, Abdul Simanjuntak was driving a Freeport company car along Jalan Kali Kopi when the car was shot at. Abdul was shot on the back and his colleague, Agus Patah, suffered from minor injuries.

Five bullet holes were seen on the windshield and another on the side of the car.

Sirait added that the shooting did not affect the company's operational activities. "Logistics and transportation are undisturbed," he said.

Papua Police spokesman Sr. Comr. Wachyono was not available for comments.

The Freeport mining complex and its employees have often been targeted by snipers. Police have alleged Papua separatists to be behind the attacks, which the separatists deny.

In January, gunmen fired at two buses and four other vehicles carrying Freeport employees and fam ily members on the highway between the mine and the town of Kuala Kencana, near Timika, where some Freeport staff live.

The injured included one American and one South African national working at the Grasberg gold and copper mine, the teenage daughter of a mine employee, as well as four Mobile Brigade police officers on security detail.

MSG facing credibility test over West Papua issue

Radio New Zealand International - April 7, 2011

The Papua Peace Network says the credibility of the Melanesian Spearhead Group will be tested by its decision to grant Indonesia observer status.

The move has met with disapproval by many Papuan advocate groups who say West Papuans should have their own seat at the MSG.

But the Network's co-ordinator, Pastor Neles Tebay, says that the move could be a positive step if it helps facilitate a peaceful solution to the West Papua conflict.

He says Melanesian peoples want the MSG leaders to rise to the challenge of addressing the West Papua issue.

"The West Papuans know much about the MSG and they expect that the MSG will say something about the West Papua conflict. if West Papua is given the status of observer, the people will be glad. But if not, then the MSG should say something about how to settle the West Papua conflict."

Don't discuss West Papua behind our back: Ayamiseba

Vanuatu Daily Post - April 7, 2011

Ricky Binihi – The decision by Prime Minister Sato Kilman to ignore the wish of the people of Vanuatu and join Melanesian Spearhead Group leaders to accept Indonesia in MSG has angered the West Papua movement for Independence.

Representatives of the custodian of the West Papua issue that are based in Vanuatu had repeatedly asked the Vanuatu government to listen to their concerns before Prime Minister attended the MSG meeting in Fiji.

PM Kilman is not obliged to listen to West Papua independence movement leaders because Vanuatu signed a diplomatic relation with Indonesia in 1995 and as such recognises West Papua as an integral part of Indonesia.

He was however mandated by the Council of Ministers and the Parliament to vote against the granting MSG Observer Status to Indonesia as well as support West Papua's application.

MSG accepted Indonesia as an Observer in March 15, nine days before the Council of Ministers decided the Vanuatu should oppose Indonesia at the MSG, and Vanuatu did not prepare an application for West Papua membership at the MSG in line with the wish of Parliament when it passed the "Wantok blong Yumi Bill".

Instead when PM Kilman returned to Vanuatu he was reported as saying that "when we talk about Independence for West Papua, we need to talk directly with Indonesia. It's no use talking to the media without going directly to the source. Indonesia will only take our concerns seriously if we engage directly with then through diplomatic relations."

But outspoken West Papua international activist Andy Ayamiseba pointed out the Vanuatu must not discuss the issue of West Papua independence without engaging the view of the majority of the people of West Papua.

"In the 60's, West Papua was left in the cold while their destiny was determined by the Dutch, United States of America, and the Indonesian government," Mr Ayamiseba said referring specifically to the 1969 Act of Free Choice. "Is the MSG going to do the same?" Mr Ayamiseba asked.

There are fears among West Papua supporters in Vanuatu that Indonesia's military and economic power will tilt the table of negotiations in favor Indonesia once the issue of West Papua is put on the MSG table.

There are also concerns that Indonesian economic power that Vanuatu could benefit from may force Port Vila to sweep the West Papua issue under the carpet in favor of the economic gains promised by Jakarta.

Many Vanuatu politicians and leaders believe that the avenue towards West Papua Independence is to correct the mistake done by the international community through the conduct of the 1969 Act of Choice by the UN under the Indonesian Military control, and eventually re-list West Papua back in the Decolonisation Committee.

Mr Ayamiseba said the ultimate aim is to have an international supervised referendum like the one held in East Timor and Namibia. "Dealing with Indonesia is a conflict of interest, and more importantly a recognition of Indonesian sovereignty over West Papua," Mr Ayamiseba.

Perhaps that was how the majori ty of council of ministers felt when they decided that Indonesia should not be part of the MSG.

And maybe that was the consensus too in Parliament when they unanimously voted that West Papua should be part of MSG and that its case should be raised in the International Court of Justice.

Otsus is accelerating Papuan extermination

Tabloid JUBI - April 6, 2011

A priest in Nabire has described the special autonomy law, known as OTSUS, as being a move by the Indonesian government that was intended to accelerate the extermination of the indigenous Papuan people.

The Rev. Daud Auwe said that "the intention is clear from the systematic and violent killings which have taken place up to now." He mentioned in particular the case of the Rev. Kindeman Gire in Puncak Jaya, and the shooting of Melkias Agapa and Abetnego Keiya in Nabire. He was speaking at a demonstration of several hundred people outside the office of the Nabire provincial legislative assembly.

There was also the case of the mysterious killing of ten people in Nabire [no time mentioned] and the killings of 1,435 people that occurred during the four years from 2006 to 2010.

Another speaker, Yones Douw spoke about the culture of dependency and the destruction of the people's economy, the appalling condition of education and healthcare facilities for Papuan people, all of which were the result of OTSUS. "294 people in Dogiyai died of diarrhoea in 2008, 42 people died of malaria and 41 people died of starvation in the district of Nduga."

Other factors were the destruction of Papuan culture, the uncontrolled increase in the number of inhabitants that has been occurring annually, all of which has led to a lack of protection for indigenous Papuan people.

Yones also condemned the government's UP4B programme which is now being promoted by the central government, which he described as a public cover-up for the failures of OTSUS. "While there is no legal basis for the UP4B programme, the OTSUS law which is within the legal framework has not been properly implemented by the government."

West Papuans determined to reject Otsus, call for dissolution of MRP

Bintang Papua - April 4, 2011

Jayapura – All elements within the United Papuan Peoples' Coalition for Justice (KRPBK) are firm in their rejection of Special Autonomy – OTSUS, and call for the dissolution of the MRP as well as rejecting UP4B (Unit for Accelerated Development of Papua and West Papua) which was recently created by the central government.

The reasons: The DPRP (Papuan provincial legislative assembly) adopted the OTSUS law for Papua in 2001, but ten years on, OTSUS has been a total failure, according to KRPBK spokesman Selpius Bobii, following a meeting between the coalition and the DPRP on Monday 4 April.

He said they had urged the DPRP to publicly announce its decision, based on the aspirations that were adopted in 2001. This led to the creation of a special OTSUS committee, Pansus OTSUS to accommodate the aspirations of the Papuan people. "We will continue to voice our rejection of the failed OTSUS." He also called on Pansus OTSUS to hold a plenary session with one item only on the agenda, the rejection of OTSUS.

Asked whether they had set a deadline for this plenary session, he said they could not speak about this for the moment but they were working to consolidate the views of all elements of Papuan society, and were planning to organise a nationwide strike as well as actions to occupy all government offices in the Land of Papua.

Asked to explain this further, Yunus Wonda (who also attended the meeting with the DPRP) said that calling a plenary session was not an easy thing to. There were a number of political parties in the DPRP each with their own mechanisms and statutes which must be accommodated.

"Rejecting OTSUS is not just an emotional issue but must take into account a number or ways in which OTSUS had failed, before the issue could be discussed at a plenary session of the DPRP."

Pansus OTSUS will still have to make an evaluation of OTSUS which will involve a number of NGOs, academics, traditional leaders, leaders of the women's and students' movements, in order to be able to act in unison.

New hope for Papuans

Fiji Times - April 2, 2011

Indonesia is willing to discuss the "Papua" issue with the Melanesian Spearhead Group.

Papua New Guinea Foreign Affairs Minister, Don Polye, while addressing the leaders yesterday, said his country welcomed this statement which was made at the forum ministers meeting on Tuesday. The people of Papua are seeking secession from Indonesia.

"PNG welcomes this as since 1984 we have been formally engaged with Indonesia on our bilateral relations, the common land and sea border we share and in two months time, we will be hosting a meeting of the Joint Ministerial Committee with Indonesia," Mr Polye said.

"A relationship that began with mutual suspicion has now evolved into a vibrant exchange on trade, commercial, economic, social, cultural and including traditional border dweller issues which are being discussed, deliberated and decisions taken by mutual agreement, annually under the framework of our Treaty of Mutual Respect, Friendship and Cooperation and the Basic Border Agreement with Indonesia."

Meanwhile, Mr Polye again reminded the MSG of the reason of its existence. "FLNKS membership, while not a country bears witness to this and is a constant reminder of why we must remain vigilant on the road to 2014 when the referendum is held under the Noumea Accord," Mr Polye said.

Human rights & democracy

Reformasi has not brought justice: Rights report

Jakarta Globe - April 8, 2011

Ulma Haryanto – Indonesia has repeatedly failed to achieve conclusive justice for victims of state-sponsored human rights violations during 13 years of the reform era, according to a new report.

Released by two leading human rights watchdogs, the report, titled "Derailed: Transitional Justice in Indonesia Since the Fall of Suharto," divides the reform era into three stages, beginning in 1998.

"Since 1998 and the start of reformasi, there have been commendable government initiatives to address human rights abuses," said Haris Azhar, director of the Commission for Missing Persons and Victims of Violence (Kontras).

He cited "changes to the Constitution, legal and security sector reform and the establishment of new institutions to investigate past abuses and hold perpetrators accountable."

During the presidency of Abdurrahman "Gus Dur" Wahid – 1999-2001, the first phase distinguished in the report – several breakthroughs were made, the authors say.

One of them was the dismissal of former Indonesian Armed Forces Chief Gen. Wiranto, so he could be questioned by the National Commission on Human Rights (Komnas HAM) – although he refused to appear.

"Gus Dur was also the one who separated the police from the military. But maybe because of being too progressive, Gus Dur was toppled," Haris said.

The report described the second phase, comprising the years 2001-06, as marked by compromise: a law was passed allowing for human rights tribunals to be formed, but none of those resulted in convictions.

It was also a period that saw the murder of two prominent human rights activists. Papuan leader Theys Hiyo Eluay was killed by members of the Army's Kopassus special forces in 2001 and Munir Said Thalib was poisoned on a flight to the Netherlands in 2004.

The third phase, from 2007 until the present, has been characterized by the entrance of controversial former members of the security forces onto the political stage, the report said.

One example is Wiranto, who never faced charges for military actions during Indonesia's tumultuous withdrawal from East Timor, and is now the chairman of the People's Conscience Party (Hanura).

"This report tries to unravel the mess we're currently in," said Galuh Wandita, director of the International Center for Transitional Justice's Indonesia office. "It is not a road map to justice. We tried to see the obstacles, whether we could detect a pattern."

The team that drew up the report also looked at fact-finding mechanisms and judicial proceedings for human rights cases.

"We found that military officials are uncooperative. In the aftermath of the East Timor case, Tanjung Priok in 1984 and Abepura [in Papua, in 2000], none of them showed up for questioning by Komnas HAM," Haris said.

Those three incidents were the only ones brought before human rights tribunals, but resulted in zero convictions.

Between 1975-99 the military ran brutal operations in East Timor that resulted in an estimated 100,000 deaths.

In 1984, the military opened fire on a group of Muslim demonstrators in Tanjung Priok, North Jakarta. The exact death toll remains unknown, but estimates run in the hundreds.

In 2000, following an attack on the Abepura Police, officers arrested 105 people. Some were then tortured and three killed.

Draft intelligence law: Don't forget human rights violations

Kompas - April 6, 2011

Jakarta – The deliberations on the Draft State Intelligence Law cannot be separated from the historical context of the role of intelligence agencies in past cases of human rights violations.

This was one of the recommendations made by the Commission for Missing Persons and Victims of Violence (Kontras) on Tuesday April 5. The draft law should not only be reviewed by the House of Representatives (DPR), but taken to the locations of intelligence operations.

Kontras Coordinator Haris Azhar said intelligence agencies were deeply involved in providing unlimited power to the New Order regime of former President Suharto. The power of these intelligence agencies can still be felt to this day, as evidenced by the difficulty experienced by independent state institutions such as the National Human Rights Commission in gaining access to intelligence documents on cases that resulted in human rights violations.

Cases such as the Tanjung Priok shooting of Muslim protesters in 1984, the Talangsari massacre in 1989, the mysterious shooting (petrus) of alleged criminals in 1983 and 1985 and the Military Operational Zone (DOM) in Aceh provide ample evidence of intelligence operations, from intimidation to abductions and assassinations.

These cases along with other facts indicate that intelligence agencies are designed to be closed and with minimal accountability. These agencies are mostly used to preserve the power of the governments, and this could be repeated in the draft intelligence law after it obtains input from the government.

Ideally, state intelligence agencies should not have the authority to conduct investigations and criminal investigations. Kontras also made a note that this be accommodated by correction mechanisms should intelligence operations violate human rights. The state is obliged to provide legal certainly on past cases of human rights violations that involve intelligence agencies by bringing the perpetrators before an ad hoc human rights court.

Earlier, during a public hearing between the State Intelligence Agency (BIN), and the National Antiterror Agency (BNPT) with the DPR's commission I on defense, foreign affairs and communication, BIN chief Sutanto said that firmer laws are needed to tackle terrorism. In carrying out its task of preventing terrorism, intelligence agencies need the authority to arrest and detain people for 7 x 24 hours. "Terror is a network, it cannot be done piece by piece, there would defiantly be leaks", said Sutanto.

Commission I member Tjahjo Kumolo saw the importance of a better structuring of the intelligence agencies. "There must be one 'remote control', direct accountability to the president", he said. (EDN)

[Translated by James Balowski.]

Suciwati sees irony in Munir street proposal

Jakarta Post - April 4, 2011

Jakarta – Suciwati, the wife of murdered human rights activist Munir Said Thalib, said the plan by the Hague, the Dutch capital, to name one of its streets after Munir was ironic because while the rest of the world acknowledged him, the government has not solved his murder.

"This is irony. [The President] should be embarrassed because Indonesia has yet to change while he strengthens the former regime," she was quoted as saying by news portal tempointeraktif.com.

The Dutch city's proposal came as Suciwati was in The Hague to participate in the "Movies That Matter" film festival. She appeared in Unjust, a film by Josefina Bergten about three widows from Indonesia, Thailand and Sri Lanka who are demanding justice for the murders of their husbands.

Munir was poisoned on a Garuda Indonesia flight from Jakarta to Amsterdam in 2004.

Transparency & freedom of information

State bodies told to comply with info law

Jakarta Post - April 1, 2011

Jakarta – The Central Information Commission (KIP) said Wednesday it was high time for state institutions to comply with an information law requiring them to have an impeded information officer tasked with ensuring the publication of project and budget plans.

"Currently, only 12 of the more than 120 public bodies located within the central government have such an officer," KIP head Ahmad Alamsyah Saragih said at the Communications and Information Techno-logy Ministry office on Wednesday.

He said KIP had addressed the problem by issuing a circular on March 12 urging government agencies to stop withholding information from the public.

"We have issued a formal letter ordering all public bodies to publish their annual work programs and budget plans," he said, adding that he expected the release of budgetary information to reduce the number of disputes about the implementation of budget plans.

He said that 23 of the 82 disputes handled by KIP from April to December last year concerned the content of budgetary and finance documents. "We hope the circular will help explain the whole matter and reduce the number of such disputes," Alamsyah said.

He said the circular was issued to encourage state bodies to comply with the 2008 Freedom of Information Law, which went into effect on August 23 last year. He set a deadline of Aug. 22 this year for all bureaucratic bodies to comply with the information officer requirement.

The Communications and Information Technology Ministry, the Development and Finance Comptroller, the Health Ministry, the Transportation Ministry, the Industry Ministry, the National Education Ministry, the House of Representatives, the National Police, and other government agencies had fulfilled the requirement, and that there was therefore no reason for other agencies to miss the deadline, Alamsyah said.

He said the apparent reluctance to comply with the law might be the result of confusion about the hierarchical positioning of the embedded information officer within the respective institutions.

He said that each agency would need to define a clear working scheme to facilitate the instituting of the transparent publication of reports. Alamsyah said there would be no penalties for agencies that missed the deadline.

"However, it will be problematic for them, because they will not be equipped with any official channels to address public demands for transparency," he said. (mim)

Politics & political parties

PKS still being snubbed could point to scaling down of its cabinet role

Jakarta Globe - April 7, 2011

Markus Junianto Sihaloho & Camelia Pasandaran – With the Prosperous Justice Party continuing to be excluded from talks on the new look of the ruling government coalition, questions are being asked about its future in the cabinet.

Ulil Abshar Abdalla, a member of the Democratic Party's national leadership board, said on Thursday that five members of the ruling coalition were in talks over a new coalition contract. The five are the president's Democrats, the Golkar Party, the National Awakening Party (PKB), the United Development Party (PPP) and the National Mandate Party (PAN).

"This indicates that there will be a major change of the PKS's role in the coalition," he said, using the Indonesian acronym for the Prosperous Justice Party. "What I mean by 'role' is the power-sharing agreement. There would be a change in the number of cabinet seats given to the PKS."

The PKS is currently one of the most important members of the ruling coalition, after the Democratic Party and Golkar. President Susilo Bambang Yudhoyono gave it four ministerial posts in the current cabinet.

The Democrats' chairwoman for public communication affairs, Andi Nurpati, said that although Golkar had not always been in synch with the rest of the coalition, there was a strong desire to keep the party in the fold.

"Golkar is different because of its [political] style," she said. "You will see a lot of maneuvering, but when push comes to shove it will back the government. Golkar is different from the PKS. We are just aiming to build real harmony within the ruling coalition."

Golkar holds 106 of the 560 seats in the House of Representatives, the second most after the Democrats. The PKS has 57.

Anis Matta, secretary general of the PKS, confirmed that his party had not yet received a copy of the new coalition agreement proposed by Yudhoyono. The president of the PKS, Luthfi Hasan Ishaq, said they were still waiting for Yudhoyono to invite them for talks.

However, he stressed the PKS would not automatically approve the new coalition contract.

The party will support a new agreement if it can be used to develop the nation, improve public welfare and guarantee freedom of speech, Luthfi said. "But if the new contract weakens the constitutional rights of our legislative members or those of any political party, it would be useless for us and the citizens," he said.

The current proposal obliges all member parties to support any decision made by the coalition's joint secretariat. It also requires them to give legislative backing to all government policies.

Setya Novanto, Golkar chairman at the House, said his party would resist attempts to prevent the party from criticizing government policies "that could harm the people's interest."

PBB may join PPP to empower political Islam in 2014 polls

Jakarta Post - April 2, 2011

Jakarta – The United Development Party (PPP), once the sole Islamic party in the country, is in talks with the Crescent Star Party (PBB) about forming an alliance that would enable them to compete against the dominant nationalist parties in the 2014 general elections.

PPP deputy secretary-general Muhammad Arwani Thomafi said Friday that the leaders of the two parties had met several times to discuss the state of political Islam today and its chances of winning elections. "The fusion of PBB to PPP will surely strengthen the PPP and Islamic parties in the next elections," he said as quoted by Antara news agency.

He said the PBB and his party had the same political platforms and that the planned fusion would broaden their constituents. "We are heading in the right direction, a positive direction," he said, adding that PBB founder Yusril Ihza Mahendra had confirmed the merger plan.

Yusril said during a seminar held by the PPP on Thursday that he had encouraged his colleagues in PBB to join the PPP. He argued that it would be easy for his party to pass the verification process to take part in the 2014 polls, but that the party should aim higher. "It should focus on how to compete in 2014, how to make political Islam stronger in the future," he said.

However, PBB secretary-general BM Wibowo said his party had not made an official decision on whether to join the PPP. "We are still waiting for the endorsement of the new election law, to know whether we're going to form a confederation or not," he said.

He confirmed that his party had held several meetings with PPP officials but added that the meetings were informal and aimed at strategizing for the possibility of an increase of the parliamentary threshold from the current 2.5 percent.

The PPP, which has been weakened by long-running internal rifts and was surpassed as the country's largest Islamic party by the Prosperous Justice Party (PKS), has gained support recently from several Islamic groups.

In February, 120 clerics heading Islamic boarding schools in North Sumatra expressed their willingness to join the party. PPP chairman Suryadharma Ali, who is the religious affairs minister, has been accused of using his influence as minister to lure support from clerics.

The Muslim-based National Awakening Party, which claimed to be supported by clerics grouped under Nahdlatul Ulama, was reportedly alarmed by the PPP's move.

Elections

Disabled look to ensure equal access in elections

Jakarta Globe - April 1, 2011

Nurfika Osman – Activists have drawn up a set of guidelines meant to ensure people with disabilities are not shut out of future elections.

The guidelines were given on Thursday to officials at the country's main election organizers, the General Elections Commission (KPU) and the Elections Supervisory Board (Bawaslu).

Groups involved in the campaign hope these guidelines will prevent the kinds of incidents in past elections where people with disabilities were unable to cast their votes because of everything from a lack of access to not having the proper ballots.

"We are disabled, but it does not mean that we are unable to cast votes. That is a basic right as citizens and we have the same rights as anyone else in this country," Arianti Soekanwo, head of the Center for Election Access for Citizens with Disabilities (PPUA Penca), said on Thursday.

The group, along with the International Foundation for Electoral Systems and AusAID, prepared the book, "Election Access Guidelines: Ensuring the Participation of Political Access for People with Disabilities."

"People with disabilities are more likely to face social exclusion, including the inability to access information and participate in elections," Arianti said.

Many election officials responsible for drawing up lists of eligible voters, she added, were unaware of the rights of the physically challenged.

A PPUA Penca coordinator, Heppy Sebayang, said every step of the election process threw up challenges and roadblocks to people with disabilities.

"On the registration form, for example, there is no question asking specifically whether a person has a disability," he said. "This information is important. If we have the information about people with special needs, we can provide them special devices to make voting easier."

Another problem, Heppy said, is that many people with disabilities have trouble accessing information about candidates.

"I wish we could have closed captioning and sign language in television campaign ads so the disabled could understand the information," he said.

The KPU said it was ready to work with the group on ensuring access for people with disabilities.

"We are going to process this and we hope that we can start to implement what is in the guidelines in upcoming regional elections," said Saud Hutabarat, a KPU commissioner.

"These guidelines will help us ensure that all people with disabilities are able to exercise their rights," he said.

The national KPU, he added, with make sure all of its regional branches receive copies of the guidelines and implement their suggestions.

Rafendi Djamin, Indonesian commissioner to the Asean Intergovernmental Commission on Human Rights, said the guidelines were a good step toward a more democratic country.

"By addressing the needs of people with disabilities, we are answering a fundamental principle, or non-discrimination principle, in order to have a better transition to democracy," he said.

The Ministry of Social Affairs said that in 2010, Indonesia was home to approximately three million people with disabilities.

Social organisations & NGOs

Most aid groups fail to report fund use: Study

Jakarta Post - April 2, 2011

Jakarta – The Public Interest Research and Advocacy Center said Wednesday that a recent study indicated that most aid management bodies lacked accountability.

The center's executive director, Hamid Abidin, said most groups failed to adhere to the four standard parameters for aid channeling: reportage, participation, access and lack of political interference.

The center said some aid agencies had failed to report how they utilized funds. "Their reports were too simple. They only covered the amounts and categories of funds. There were no details on what the money, which reached into the billions of rupiah, was actually used for," Hamid said.

According to the center, in response to the tsunami in Aceh in December 2004, the United Nations sent US$371 million, the United States government provided $350 million, the European Union gave $13.3 million and Rp 67 billion ($7.7 million) came from the Indonesian public.

He said some agencies only provided reports to donors. "There was no report for the victims or the public," he said.

The results of the study also indicated that victim participation was weak. "The victims should be invited to all the decision-making processes. Victims should not be treated like objects," Hamid said.

The study showed that only a few agencies involved disaster victims in aid management. "If the victims were involved, it was only in practical matters such as cooking and cleaning," Hamid said.

The center criticized aid managers for failing to provide proper access to the public to monitor the funds.

The study found that aid groups did not set up websites or other information channels to inform the public about the channeling of funds. They also failed to handle public complaints.

Hamid said that the situation was exacerbated by the political agendas of some of the aid managers. "In some areas, the aid came in under the banner of political parties," Hamid said. "I even heard one person from an aid agency handing over funds to victims send greetings from a well-known politician," he said.

The researchers conducting the qualitative study between Aug. 2, 2010 and Feb. 28, 2011, used group discussions, field observation and in-depth investigation to collect data from aid agencies, non-governmental organizations, alms institutions, the mass media and government agencies in five cities: Banda Aceh, Yogyakarta, Bandung, Padang and Jakarta.

The data collected was then analyzed and the findings announced on Wednesday.

Indonesia is susceptible to disasters as it is located on the ring of fire. In 2010, there were several: a massive flood in Wasior, Papua; a huge landslide in Bandung, West Java; an earthquake and tsunami in Mentawai; and the eruption of Mount Merapi. Earthquakes also occurred in the eastern part of Indonesia and volcanoes erupted in Sinabung and Bromo. (aaa)

Media & journalism

Despite low ratings, satires needed: Experts

Jakarta Globe - April 8, 2011

Ismira Lutfia – Political satire may generate poor ratings on Indonesian television, but social analysts say more such shows are needed to better inform public opinion.

Lukas Ispandriarno, dean of the School of Social and Political Sciences at Atma Jaya Yogyakarta University, said political satire shows could prove very useful in channeling public indignation toward the political elites deemed to have failed to live up to public expectations on resolving the scandals in which they were mired.

"It's good because it serves as a critical voice against the elites, but is presented in a humorous and entertaining manner," Lukas said on Monday.

There are three political satire shows – "Sentilan Sentilun," "Provocative Proactive" and "Democrazy" – broadcast regularly on news channel Metro TV, which pioneered the genre in Indonesia with the now discontinued "Republik Mimpi."

Iwel Sastra, the man behind "Democrazy," acknowledged satire was not an appealing option for other broadcasters focused on increasing their ratings.

"Satire shows use a format that is unfamiliar for Indonesian viewers," he said. "It isn't pure comedy, nor is it a talk show. Therefore it would require the full support of the television station on which it appears [to keep it going]."

Iwel, along with political communications expert Effendi Gazali, was part of the team that made "Republik Mimpi" one of the most popular shows between 2006 and 2008.

The show featured lookalikes of leading political figures, including President Susilo Bambang Yudhoyono, former presidents B.J. Habibie, Suharto and Abdurrahman Wahid, and then-Vice President Jusuf Kalla.

However, "Republik Mimpi" came to an abrupt end in 2008 when one of its key performers, Sujarwo, who played the Kalla spoof Jarwo Kwat, was implicated in a fraud case.

Despite its high ratings, the show was suspended while Sujarwo underwent a police investigation. The actor was later cleared, but by then other factors came into play to prevent the show going back on Metro TV's airwaves.

Iwel chose to leave the "Republik Mimpi" troupe and stayed with Metro TV, which offered him a stab at a new satire show, "Democrazy."

He said the show, which has been on the air for three years now, had been able to meet and exceed the expected ratings to keep it going, "unless there's a live foreign football match being broadcast at the same time."

Sociologist Radhar Panca Dahana said the lack of similar shows on other stations could be attributed solely to the issue of ratings.

"If a [good] show has bad ratings, it gets dropped," he said. "By contrast, if a show has poor content but high ratings, it will remain on the air."

He added that while other broadcasters preferred to play it safe and steer clear from meddling in political issues in a bid to maintain their commercial interests, Metro TV was only willing to host such shows in an effort to keep up its image of being a critical voice.

Radhar said it went without saying that Indonesian television viewers needed to see more of these shows, which he deemed enlightening and which "nurture their good, common sense."

He also said the current flock of TV programming, including music shows, gossip and soap operas, "betrayed the basic idea of why the mass communication medium exists in the first place."

That primary purpose, he said, was "to disseminate news and information that could boost the audience's spirit and nurture their hopes." Iwel conceded viewers sometimes objected to particular episodes of "Democrazy" where the criticism was aimed at political figures they supported.

"We're always cautious about writing the script for the show and we don't want to address our criticism in a rude way," he said. "Instead, we try to temper any sharp criticism with a polite manner."

He added he and the "Democrazy" team did not want their brand of criticism sparking its own criticism.

"It's supposed to a humorous parody and not to provoke the angst of those criticized," he said. "We intend to make them glad that we lambasted them, and therefore willing to accept our criticism."

However, Lukas said channeling criticism directly should not be an obstacle for a satire show.

"Without satire shows, the government and politicians are already the targets of direct criticism," he said. "The fact is we need more of it, and not just on television."

Hatta blasts media, says Indonesia chosen by God

Jakarta Globe - April 7, 2011

Indonesia's chief economics minister has blasted the media for constantly portraying the nation in a negative light.

Coordinating Minister for Economic Affairs Hatta Rajasa, speaking at the Presidential Office in Jakarta on Thursday, also claimed that the criticism was part of a coordinated attempt to destabilize the country.

"It cannot be any other way," Hatta said. "Our size is big like a mother ship and when we maneuver slightly we will shake people," he added in what may be a reference to Indonesia and other countries.

Indonesia is currently receiving criticism for its continued high-levels of corruption and perceptions of growing intolerance among its Muslim majority. Even the resort island of Bali has been panned as a holiday destination from "hell" in the international media.

Hatta also singled out an Indonesian television channel for its negative coverage. "I don't have to mention the name, but there's one TV channel that always tells bad things about Indonesia," he said. "The purpose might be to prevent investors from coming here."

He could be referring to either MetroTV or TVOne, which are both owned by political rivals of President Susilo Bambang Yudhoyono.

He implored people to be fair in their perceptions of Indonesia, saying the United Nations Conference on Trade and Development had ranked the country as the Number 9 investment destination in the world.

"Our population is as high as 237.6 million and every year there are 7 or 8 million people lifted up to the middle class," Hatta said. "So, the purchasing power is increasing. We also have an abundance of natural resources. This way, Indonesia has been destined by God as an Asian tiger."

Growing press 'fails to offer in-depth, quality news'

Jakarta Post - April 4, 2011

Jakarta – The growing number of media outlets in Indonesia does not guarantee good quality reporting, which is needed given the flurry of flash news in the social media, a discussion heard recently.

Three journalists said the growing legion of journalists failed to offer better quality news.

Metta Dharmasaputra, an investigative reporter for Tempo newsmagazine, said the current trend toward instant news threatened the credibility of the press, placing journalists in danger of losing their skills of observation and verification.

"Flash news containing unverified information is getting more attention from the public than in-depth reporting," he said.

Metta cited the tendency for people to seek out and pass on truncated segments of information as news through social media channels such as Facebook and Twitter.

He also expressed concern that people could say almost anything on Twitter without the obligation to verify the information they passed on.

Metta decried the tendency among journalists toward this kind of "instant" reportage to the detriment of in-depth or investigative reports.

"Journalists want to report news quickly. Now they tend to string together statements from various sources without verification or adequate concern for accuracy," he added.

"Journalists have become information machines seeking to know more and more, but not verifying what they already have. Journalists are losing their ability to observe objectively," Metta said.

"We should prevent this from happening," he said, adding that the danger was that people might perceive unverified information as fact.

Senior journalist Atmakusumah Astraatmadja said all "instant news" should be considered only raw material because professional journalistic standards required the need for verification.

He added that investigation enabled journalists to search for and find solid facts that could be verified to provide adequate detail and lend a timeless quality to their reporting.

"Investigations can also reveal crimes and other matters that remain hidden from the public," Independent Journalist Alliance (AJI) president Nezar Patria said.

Metta said news in Indonesia often focused on politics, while white-collar crime such as share price manipulation in the private sector did not get enough attention from the press.

He added that investigative reporting would reveal important issues affecting public interests. (fem)

Industry says support needed for investigative reporters

Jakarta Globe - April 1, 2011

Ismira Lutfia – Investigative journalism is on the decline in Indonesia, media activists have warned, despite an abundance of issues that require more in-depth coverage.

Ignatius Haryanto, a media analyst, said on Thursday that the decline was due to the reluctance of media organizations to tackle controversial issues.

"Very few media would risk raising, for example, the issue of malpractice by big corporations, or would dare to unveil the scandalous links between businessmen and politicians over certain legislation," he said.

That reluctance, he said, stems from the amount of time and high costs associated with investigative reports, which in some cases might not even see the light of day if they fail to turn up any hard facts.

"Even if they do go on to publish an investigative report, they realize that they are risking a possible lawsuit from the parties implicated in the report," he said.

Ignatius also dismissed the idea that investigative journalism was disappearing because of the poor quality of journalists. "It is a skill that can be learned, and journalists can start by conducting small-scale investigations of an issue in their immediate surroundings," he said.

However, this would require media organizations allowing them to concentrate on a single subject for days on end without filing any other stories, he added.

Ignatius said the lack of investigative reporting in Indonesia was not a question to be addressed by journalists, but by the managements at media organizations.

Journalists across the country have shown a knack for digging deeper, he added, so they should be encouraged to look more closely at often overlooked issues in their own backyards.

Metta Dharmasaputra, an investigative journalist with Tempo magazine, said previously that in-depth reporting required journalists to be honest with themselves if they came up with answers they were not expecting.

He said journalists working on investigative pieces might spend months covering an issue, but in the end find out they could not prove their hypothesis. In those cases, he said, they should be willing to admit their failure and be prepared to ditch their story. "Investigative journalism is characterized by truth and honesty," he said.

Metta also said investigative journalists should be modest when uncovering major scoops.

"It should be built up and conducted with an honest, cool attitude, and there's no need to feel heroic," he said. "That's why they should also be prepared for disappointment if eventually the report does not get published."

Atmakusumah Asmasubrata, a former chairman of the Press Council, said there needed to be changes in the law to help protect media organizations from being sued for publishing investigative reports.

Atmakusumah, who received the Ramon Magsaysay Award for journalism in 2000, said that at the very least, punishments should be limited to fines that the organizations were capable of paying, not imprisonment for news staff.

"It would be difficult to determine who should go to jail, whether it's the reporter, managing editor or the editor in chief," he said. "The implicated parties should not be allowed to pin the blame on specific individuals because the reports are a collective effort."

Ignatius called on seasoned journalists who had worked for media organizations with a strong tradition of running in-depth pieces to spread the "investigative reporting bug" in their new workplaces and nurture the tradition there.

"But it would also depend a lot on whether the management of the new workplace supports that tradition," he said.

Labour & migrant workers

Migrant worker protection is 'ineffective'

Jakarta Post - April 6, 2011

Jakarta – The Supreme Audit Agency (BPK) says the protection and placement of Indonesian migrant workers is ineffective. The migrant worker problem is complicated because of the absence of a fully supportive policy, BPK chief Hadi Purnomo said Tuesday.

"There is no comprehensive and transparent policy to protect the fundamental rights of migrant workers," Hadi said, as quoted by tribunnews.com.

The agency recommended the government to reevaluate all regulations, systems and mechanisms in the placement and protection of migrant workers. The government must also stop sending workers to countries with no migrant worker regulations, protection or memorandums of understanding with Indonesia, it said.

Environment & natural disasters

Farmers fight climate change without government support

Jakarta Globe - April 8, 2011

Fidelis E. Satriastanti – Lack of government support has forced Indonesian farming and fishing communities to come up with their own means of addressing their vulnerability to the impacts of climate change, activists said on Thursday.

Said Abdullah, from the People's Coalition for Food Sovereignty, said farmers and fishermen stood to suffer on the social, economic and cultural fronts as a result of erratic weather patterns, droughts and warming seas.

"Climate change affects both groups... but no one has really touched on adaptation efforts for them," he said. "There has never been any serious policy for climate change adaptation. Instead, the government keeps issuing policies that will only worsen the climate condition and these people's survival.

"For instance, to deal with decreasing harvests, the government always imports food. It's good to ensure sufficient stocks, but they also need to think long term and start to embrace these farmers and fishermen in finding a way out of the problem."

He added that while the economic impact to the farmers and fishermen had been addressed to an extent, the "social and cultural issues are mostly neglected."

"For instance, nowadays because of a shift in culture where farmers who used to focus on planting now focus on harvesting, they're just waiting for money instead of being creative in their planting methods."

"Nor is it uncommon for them to go abroad as migrant workers because that's the only logical alternative [to having to wait for the harvest] in places like Brebes [in Central Java] and Indramayu [in West Java]."

However, farming and fishing communities there have come up with their own ways to adapt to climate change effects.

"In Indramayu, farmers call this movement 'farmer's autonomy' because they've gotten so frustrated with measures by the authorities that haven't been implemented properly," Abdullah said.

"They've built up their own organization to put themselves on the same footing as government agencies. They're also experimenting with horticulture in planting their crops so that if there's a crop failure, they still have enough food to subsist on."

Giorgio Budi Indarto, the forest and climate program director at the Indonesian Center for Environmental Law, agreed the government had not been supportive of the groups and had failed to issue strong policies on dealing with climate change effects.

Giorgio added the government's policies on adaptation so far extended only to evaluating the vulnerability of each region to global warming, with no concrete actions proposed.

"In the National Communication [government report on climate change vulnerability], it states simply that Sumatra is vulnerable, Java is vulnerable and so on, but there are no significant actions," he said. "So given that they're vulnerable, what are you going to do about it?"

Villagers flee Pertamina fire in Central Java

Jakarta Globe - April 6, 2011

As the fire at Pertamina's refinery in Cilacap, Central Java, continued to burn out of control on Tuesday, thousands of nearby residents were evacuated.

As of Tuesday afternoon, as many as 1,300 people – mostly women, children and the elderly – – had been evacuated. Most evacuees are residents of Lomanis and Donan villages, which are located about 500 meters from the refinery.

According to Cilacap Police Chief Sr. Comr. Rudi Darmoko, the evacuation was carried out at the request of the state-owned oil and gas firm for safety reasons.

"The residents have been evacuated to four locations: To the Holcim Indonesia compound in Cilacap, the multifunction hall at Lomanis village, the Cilacap Police compound and Cilacap district office," he said.

The village chiefs from Lomanis and Donan said the number of evacuees would rise if the fire was not soon extinguished.

According to the head of the Cilacap Health Office, Bambang Setyono, some elderly people had begun to show signs of trauma. "About 80 people so far have shown acute signs of distress," he said. Temperature in the area had also soared, he added.

Health officials have instructed five government clinics in the area to be on 24-hour standby.

Pertamina had earlier said it had extinguished the blaze at the 31-T7 naphtha storage tank but for unclear reasons the fire had reignited by the afternoon. According to a statement from Pertamina, up to 3,500 gallons a minute of foam retardant was sprayed that morning to help put out the fire.

Strong winds in the area have also prompted fears that the fire may spread to a nearby storage tank, 32-T104.

Wianda Pusponegoro, Pertamina's media relations manager, said the wind had been hampering efforts to extinguish the flames because it dispersed the foam retardant.

The blaze began at about 4 a.m. on Saturday when three tanks containing around 10,000 kiloliters of high-octane mogas component, an additive used to make Premium fuel, caught fire in Unit IV of the facility.

This is the second such incident at the refinery after an explosion in January 2010 led to part of the plant being shut down.

President Susilo Bambang Yudhoyono on Monday ordered the blaze be brought under control by Tuesday morning.

Pertamina on Monday said it had enough inventory to supply West and Central Java provinces even with the refinery's closure. (Antara, Bloomberg)

Forest fire haze again forces closure of Riau's airport

Jakarta Post - April 5, 2011

Rizal Harahap, Pekanbaru – Pinang Kampai Airport in Dumai, Riau, was closed on Monday after visibility was severely limited by nearby forest fires driven by high temperatures.

Airport operations manager Sayed Yoesman Syahputra said flight service was suspended for four hours after visibility was limited to 500 meters.

A Pelita Air Fokker 100 plane carrying PT Chevron Pacific Indonesia employees that was scheduled to land at around 9 a.m. local time was diverted to Sultan Syarif Kasim II Airport in Pekanbaru.

"This is the second closure this year. On Friday the airport was also closed temporarily due to haze and was reopened at noon after the haze faded," he said.

Sayed attributed the thick haze in the morning to light winds. "The haze has gathered over the airport. The haze and clouds can only shift when wind velocity is greater than 10 knots," he said.

The haze blanketing the airport resulted from fires over the last week in the nearby forests and several oil palm plantations in Medang Kampai and West Dumai districts.

Dumai Police spokesman Adj. Comr. Suwarji said more than 50 hectares had been afflicted by fires.

"The fires have been put out at a number of locations, but they still emit smoke," he said. "The fire was sparked by humans. We are still questioning several residents near the fire sites," Suwarji said.

According to the Meteorology, Climatology and Geophysical Agency's (BMKG) Pekanbaru office, the haze covered almost all of Riau on Monday morning.

Meteorologist Sanya Gautani said there were 39 fire hot spots in 11 of the 12 regencies and mayoralties in Riau. "Only Pekanbaru is free of hot spots, but residents were also affected by haze in the morning," Sanya said.

High temperatures led the BMKG to issued a forest and peatland fire alert, Sanya said.

Green groups dismayed by ruling to give reclamation project go-ahead

Jakarta Globe - April 1, 2011

Arientha Primanita & Fidelis E. Satriastanti – Environmental activists have slammed a decision by the Supreme Court to allow a land reclamation project to proceed along the city's coast.

Ubaidillah, director of the Jakarta branch of the Indonesian Forum for the Environment (Walhi), said he was disappointed by the ruling, which effectively annuls the State Ministry for the Environment's order to revoke the permit for the project.

"This shows how the city's power can supersede even that of the central government," he said on Thursday. "Even the Environment Ministry didn't stand a chance against the reclamation project." Some 32 kilometers of coastline is set to see land up to 1.5 kilometers in length reclaimed from the sea. Overall, a total of 2,700 hectares of land is expected to be reclaimed, on which the city plans to build commercial and industrial hubs.

The project, proposed in 1994, was sidelined in 2003 by the Environment Ministry after failing to pass an environmental impact analysis (Amdal).

Contractors working on the project, however, immediately filed a suit at the Jakarta Administrative Court to overturn the ban.

That court ruled in favor of the contractors but the project remained suspended on appeal. In July 2009 the Supreme Court ruled in favor of the ministry.

But that decision was appealed by Tjondro Liemonta, owner of Bakti Bangun Era Mulia, one of the six project contractors, and the original ruling was upheld on March 24.

The other contractors involved are Taman Harapan Indah, Manggala Krida Yudha, Pelabuhan Indonesia II, Pembangunan Jaya Ancol and Jakarta Propertindo.

Imam Hendargo, deputy for spatial planning at the Environment Ministry, said his office had not yet received official notice of the latest ruling but would stand its ground on blocking the reclamation plan.

"This is not a matter of who's right or wrong, but about how the environmental assessment was conducted and what the impact will be to the environment," he said.

"The project is touted as a positive development for the people. But which people are we talking about here? If the fishermen there agree, then go ahead."

Imam said the ministry would insist the project also obtain a strategic environmental assessment (KLHS), considering its potentially wide-ranging impact on regions beyond the capital.

"The project will have to be coordinated with other affected sectors, including energy and ports," he added.

The city says the new land will accommodate up to 1.5 million people and help prevent the chronic tidal flooding that plagues much of Jakarta's north.

However, Slamet Daryoni, from the Indonesian Green Institute, said land reclamation was not the right solution for Jakarta, especially in terms of ecological sustainability.

"Currently, North Jakarta is prone to severe land subsidence and tidal flooding," he said. "The reclamation project will only burden the area further because of the need for additional infrastructure there along with residential and office space."

He said the city should instead focus on projects to revitalize the North Jakarta area.

Slamet said his group, along with Walhi and several other NGOs, would ask the Judicial Commission, which oversees the conduct of judges, to review the latest ruling because it did not represent environmental or public interests.

Muhammad Tauchid Tjakra Amidjaja, the city's assistant for development and environment, meanwhile, said the ruling vindicated the city's plan and would allow it to go ahead with the reclamation project.

"The city administration always had the proper legal basis," he said. "The Environment Ministry only said that the Amdal needed to be completed, which we're doing." Tauchid added that the Jakarta Development Planning Board (Bappeda) was also completing the KLHS, which will cover all environmental prerequisites for the project.

Ridwan Panjaitan, head of compliance at the Jakarta Environmental Management Agency (BPLHD), said the city was doing its part and the Environment Ministry should accommodate it by granting the Amdal.

Tauchid said the administration would also revitalize North Jakarta, including building embankments and a sea wall to prevent tidal flooding. "We're taking all aspects and all people into consideration," he said.

"When the project is completed, it will be a new source of economic growth that will help boost the city's income, which in turn will benefit the people's welfare."

Health & education

Indonesian health care a failure: LBH

Jakarta Globe - April 7, 2011

Ulma Haryanto – Activists have accused the Indonesian government of failing to improve basic health care as it had promised in a United Nations covenant passed in 2005.

"Until today, our government is still unable to fulfill basic rights in the International Covenant on Economic, Social and Cultural Rights ratified by this country in 2005," said Nurkholis Hidayat, director of the Jakarta Legal Aid Institute (LBH).

The group issued a report on the health system's ills ahead of World Health Day today.

Nurkholis said the government should address issues like discrimination against the poor, who had little means to pay for quality medical services, as well as the lack of accountability from private and state health care providers.

The LBH also criticized the Medical Disciplinary Honors Assembly (MKDKI), a body that helps people file and pursue malpractice complaints. "So far, the MKDKI has only given an impression of impunity. They stand in the way of victims [seeking] justice," he said.

Nurkholis cited the case of Siti Chomsatun, who suffered from a botched thyroid operation at Kramat 128 Hospital in Jakarta two years ago.

Siti brought the case to the LBH's attention, and the group agreed to represent her in a case filed with the MKDKI. However, Nurkholis said the assembly had yet to conduct an investigation. "Until now, the MKDKI still hasn't done an investigation in the case," the LBH report said.

In what it said was an example of clear discrimination, the LBH also cited the case of Rusdin Zakaria, who died in October last year after he was reportedly refused treatment by a hospital.

Rusdin, who had complained of shortness of breath, was initially taken to the intensive care unit of Prikasih Hospital in South Jakarta.

When his family was unable to pay a Rp 7 million ($800) down payment, doctors urged them to transfer Rusdin to the cheaper Fatmawati General Hospital, which would honor the patient's insurance. Rusdi died before reaching the other hospital.

The LBH said Prikasih officials did not show up for meetings it set up with the victim's family. "His relatives have grown scared of further discrimination if they sue. They [initially] refused to report their case to the media," Nukholis said.

He said it would be almost impossible to get a malpractice or medical negligence case resolved by the MKDKI. "And if it's a criminal lawsuit, the police will leave everything to the MKDKI. Once they say there are no problems, then the police will stop investigating," he said.

The LBH says it still receives numerous reports of discrimination by hospital staff, as well as complaints about the lack of transparency in health subsidies. "People come to us claiming they have to sign blank receipts when they purchase medicine or sign hospital bills. So with the subsidy provided by the regional government, there is a window for corruption," he said.

Absence of competition puts hospital care down and low

Jakarta Post - April 6, 2011

Tifa Asrianti, Jakarta – In the absence of competition and thorough supervision, the inadequate number of hospitals in Indonesia is a far cry from those convenient ones in neighboring countries.

Even at Jakarta-based Cipto Mangunkusumo hospital, which is regarded as one of the best hospitals in the country, many patients are often seen in waiting rooms lying in sick beds because of the lack of available rooms and medical workers to serve them.

Indonesian Consumer Association (YLKI) executive director Sudaryatmo said that the government should implement standards for hospitals in the country soon so that citizens would not be forced to travel overseas to find quality healthcare.

Similar cases are even more evident at hospitals in the regions, he said, as many specialists still preferred to work on Java.

"The local administrations should approach local doctors by giving them scholarships for specialization programs under the condition that the doctors return to work there after completing their training," he said.

According to a 2009 World Bank report, Indonesia, with a GDP per capita at about US$1,750, has one hospital bed per 1,000 citizens, worse than China and Thailand, which had similar per capita GDP figures at the time. Vietnam and Samoa have lower GDP per capita levels but higher hospital bed ratios than Indonesia.

The central government has been accused of not prioritizing investment in expanding hospital infrastructure. The 2009 report recorded that private initiatives and local governments were mostly responsible for setting up new hospitals from 1995 to 2006, adding that existing government facilities have not been upgraded and are poorly supervised.

As of March, the Health Ministry recorded that 42.4 percent of 1,523 hospitals have been assessed.

Four hospitals received Joint Commission International (JCI) international accreditation: Siloam Hospital in Karawaci, Santosa Hospital in Bandung, West Java, Eka Hospital in Bumi Serpong Damai, Tangerang and Premier Bintaro Hospital in Tangerang.

This year, the ministry aims to process accreditation for 914 hospitals, accounting for 60 percent of the total number of hospitals. Hospitals with accreditation are expected to reach 1,370 by 2014.

Nico A. Lumenta, head of the accreditation division at the ministry's Hospital Accreditation Committee (KARS), claimed that the low number of hospitals assessed was due to the reality that many hospitals do not yet meet the necessary requirements.

"We can't force them to apply for accreditation when they are not ready. But in the future, we will encourage them to gain accreditation," he said.

The accreditation system in Indonesia has four grades: passed; not passed; requirements; and special. The hospitals should meet at least 75 percent of the assessment criteria in order to gain accreditation. Hospitals should renew accreditation every three years.

The accreditation system assesses the standard operating procedures in each service unit in a hospital.

Indonesian Hospitals Association expert Amal M. Syaaf said that it is difficult to improve the quality of hospital care when management teams are still struggling with the deficient number of medical workers.

"When it comes to quality service, it means quality human resources. It is easy to construct a building and buy state-of-the-art equipment, but professional doctors and qualified nurses are difficult to find," he said.

Amal said that it was important to seek foreign investment to improve hospital care conditions, especially for rural areas.

"If such hospitals bring their medical workers to Indonesia, we can learn from them and they can also learn about the diseases here," he said.

Seeing the huge market for healthcare services in Indonesia, several international hospitals from neighboring countries such as Singapore and Malaysia have expressed interest in investing and expanding their hospital businesses here.

Antara reported that 20 Singaporean hospitals are planning to set up local branches in East Java.

The requirements for foreign investment in hospitals, however, is not simple. The stipulations include that foreign ownership in a hospital cannot be more than 67 percent and foreign medical workers should be gradually phased out over a certain period of time to ensure transfer of knowledge.

Prosperous Justice Party (PKS) legislator Ledia Hanifa Amaliah said foreign competition is not a good way to improve hospital care.

She said that it would be better if the government improved the quality of local healthcare services by allocating at least 5 percent of the state budget for healthcare.

"The world-class hospitals are expensive and only a small group of Indonesians can afford to pay for them. We should focus on healthcare service for the poor first," she said.

Poor healthcare in Indonesia boosts medical tourism

Jakarta Post - April 5, 2011

Tifa Asrianti, Jakarta – There is no nationalism when it comes to pain; no distance is too far to travel for a cure when money is not an issue. For some better-off Indonesians patients, better healthcare is usually one flight away.

"They wanted to cut into my chest first then specify the cost of the surgery afterwards," Widjil Trionggo, 54, said of his experience consulting with cardiologists at a hospital in Jakarta.

The doctor suggested that Widjil, who had blocked arteries, undergo balloon angioplasty, in which doctors would place stents in his arteries. "They said they didn't know how many stents they would need to put in my chest," he said.

Discouraged by the prospects of not knowing the cost of his surgery in advance, he flew to Penang, Malaysia, where doctors suggested he undergo bypass surgery.

Another medical tourist, Siaw Kian, 57, said that she preferred to obtain healthcare abroad rather than near her home in Jambi since overseas hospitals offered better service – and prices – than the best hospitals in Indonesia.

"Service is fast. We had good information on what the doctors wanted to do and the charges were almost similar, or even cheaper than if we had gone to hospitals here," she said.

After her son broke his arm, Siaw Kian took him to a hospital in Malaka, Malaysia, where she said she paid doctors about 5,000 ringgit (US$1,652) to install a rod to help the broken bone mend.

An international hospital in Indonesia wanted to charge the same amount to remove the rod, Siaw Kian. She and her son then returned to Malaysia, where the hospital charged 2,000 ringgit for the procedure.

Seeking medical treatment abroad has become a common practice for certain Indonesians. For those who live in Sumatra, treatment in Penang or Malaka is a convenient option. Richer patients from Jakarta can travel to Singapore for treatment. Indonesians spend about Rp 100 trillion (US$11.5 billion) a year for healthcare abroad, according to the Health Ministry.

Nur Rasyid Lubis, the deputy director of Adam Malik Hospital in Medan, North Sumatra, said that it was common for local residents to seek healthcare abroad.

"People want quick service, or quality service that matches the charges, so they go abroad. After all, Malaysia and Singapore are quite close," he said.

Competitive hospital fees in Malaysia have attracted more and more Indonesians. According to a report published by the Frost and Sullivan business research and consulting firm, Malaysian hospitals treated 288,000 Indonesian patients in 2008, up from 221,538 patients in 2007 and 170,414 in 2006.

Meanwhile, Singaporean hospitals treated 226,200 Indonesians in 2007, down from 266,500 in 2006.

Several tour operators offer specially tailored packages for patients. Major private hospitals in Malaysia and Singapore have special referral systems and international customer departments that specifically cater to the needs of international patients.

The hospitals work with reputable travel agencies and hotels to provide comprehensive tour packages along with healthcare services. Travel agents can also arrange such services, since they can accept fees from hospitals.

Reza, who works for a travel agency in Bandung, West Java, said his company has been cooperating with hospitals abroad to offer medical tourism packages since 2004, after Malaysian low-cost carrier Air Asia offered service to Indonesia.

One medical tourism packages he offers clients is a three-day, two-night stay in Malaysia for $500, which included the cost of the air travel, hotel rooms and an examination.

"At first, people bought medical tourism packages to go to Singapore. But recently we have had more people interested in going to Malaysia for medical examinations because their prices are more competitive," he said.

Reza said his company could sell between 10 and 20 medical tourism packages a month. However, he added, due to Internet-savvy customers and competition between travel agents, the number of his customers has been declining.

"People who are used to traveling can check on the Internet and arrange their own travel. The travel agents have to be creative to attract consumers," Reza said.

[Apriadi Gunawan contributed to this report from Medan, North Sumatra.]

Marriage & residency

House plenary passes immigration bill into law

Jakarta Globe - April 7, 2011

Anita Rachman – In a widely cheered move, the House of Representatives plenary session on Thursday passed the much-anticipated Immigration Bill into law.

Several spectators from mixed-marriage alliances cheered and applauded as each faction voted to pass the bill they had long been waiting for.

Fahri Hamzah, deputy chairman of House Commission III, which hammered out the law together with the Ministry of Justice and Human Rights, described the passage as a "breakthrough."

Significant changes in the law include giving permanent residence permits to foreign spouses of Indonesian citizens two years after the marriage, requiring them only to report to the immigration office once every five years.

Fahri added that the law now also allows foreign spouses of Indonesian citizens to work in the country.

The two important articles – article 54 and article 62 – that were previously reported to have been missing from the draft bill were also stated clearly in the version passed into law. They guarantee that foreign spouses who have been married to Indonesian citizens for at least 10 years could stay in the country even after they get a divorce. Children from mixed marriages will also be granted permanent residence permits.

The law also warned that the government would not have mercy on those who abuse the regulations, such as the practice of fake marriages to acquire a residence permit.

Residency breakthrough for foreign spouses

Jakarta Globe - April 1, 2011

Anita Rachman – The House of Representatives and the Ministry of Justice and Human Rights agreed on Thursday to introduce drastic rule changes relating to residential and work permits for foreign spouses in mixed marriages, signing a long-awaited draft immigration bill.

Lawmaker Pieter Zulkifli of the Democratic Party said the draft bill could go before a plenary session of the House next Thursday.

Eva Kusuma Sundari, a member of House Commission III overseeing legal affairs, from the opposition Indonesian Democratic Party of Struggle (PDI- P), said that under the new rules, expatriates married to Indonesians would automatically be granted a permanent residence permit as long as the Indonesian spouse can provide sponsorship.

These expatriates currently have to annually renew a temporary residence permit, also known as Kitas. The bill would even allow these expatriates to stay in the country after divorcing their Indonesian partner as long as their marriage lasted at least 10 years.

Eva said this provision was necessary in light of the rights of children after a divorce. Foreign spouses in a mixed marriage would also be allowed to work in the country, she said.

However, Syarifuddin Sudding, a Commission III member from the People's Conscience Party (Hanura), warned the government would not have mercy on those abusing the regulations, citing the example of fake marriages to acquire a residence permit. Jail terms of up to five years and fines of up to Rp 500 million ($57,500) awaited violators, he said. "I hope the new regulations will not be used as a new opportunity for those who [just] want to get a permanent residence permit," Sudding said.

Minister of Justice and Human Rights Patrialis Akbar said the bill was "very humane," and he hoped all lawmakers would approve the bill.

The Democrats' Pieter said foreign spouses would be allowed to work in the country, but they needed to show they had skills. "At the moment, you have to wait five years or be sponsored by a company to work. But under the new regulation, you can work immediately, as long as you can show skills in a certain field."

However, he added that the bill did not cover issues of property ownership related to foreign spouses. Eva said that issue would be regulated in another bill.

Julie Mace, a representative for the International Rainbow Alliance (APAB) and the Indonesian Mixed Marriage Society (PerCa Indonesia), welcomed the long-awaited move, saying it meets most of the aspirations of foreigners in mixed marriages.

Refugees & asylum seekers

Indonesia criminalizes people smuggling

Agence France Presse - April 7, 2011

Indonesia's parliament on Thursday passed a long-awaited law criminalizing people smuggling which aims to stem the flow of asylum seekers moving through the country to Australia.

"We ratified today an amended law on immigration which includes criminalizing people smugglers," said Benny Harman, a Democrat Party lawmaker overseeing the immigration commission. "This is a big step forward for us," he added.

Indonesia previously had no law against people smuggling although it serves as a major transit route for migrants wanting to reach Australia illegally.

Under the new law, convicted people smugglers could be jailed for up to 15 years and officials who receive bribes from them could receive five-year prison terms.

Representatives from dozens of Asia-Pacific countries met on the Indonesian resort island of Bali late last month and endorsed a regional framework to prevent people smuggling.

The framework provides options for action, such as the development of bilateral arrangements to curb people smuggling and suggests participating countries strengthen intelligence sharing.

Thousands of asylum seekers pass through Southeast Asian countries on their way to Australia every year and many link up with people smugglers in Indonesia for the voyage.

Canberra aims to set up a regional processing centre in East Timor in an attempt to reduce the flow of asylum seekers heading to Australia but has received opposition from several East Timorese officials.

Graft & corruption

Former Golkar lawmakers face court over Rp 24b Miranda bribery scandal

Jakarta Globe - April 7, 2011

Ronna Nirmala – The trial of five former Golkar Party legislators accused of taking bribes in the selection of a central bank official began on Thursday at the Anti-Corruption Court in Jakarta.

Defendants Asep Ruchimat Sudjana, Teuku Muhammad Nurlif, Baharuddin Aritonang, Reza Kamarullah and Hengky Baramuli are charged with taking bribes to help elect Miranda Goeltom as Bank Indonesia's senior deputy governor in 2004.

Lead prosecutor Suwarji alleged that Nurlif took Rp 550 million ($65,000), Reza Rp 500 million, Hengky Rp 450 million and Asep and Baharuddin Rp 150 million each in travelers checks from businesswoman Nunun Nurbaeti Daradjatun, an associate of Miranda's and the wife of Prosperous Justice Party (PKS) politician Adang Daradjatun.

"The defendants were fully aware that the checks were linked to the successful appointment of Miranda Goeltom as a Bank Indonesia deputy governor in 2004," Suwarji said.

They each face two counts of corruption that carry a maximum prison sentence of five years and fines of up to Rp 250 million.

The five men are among 26 former and serving members of the House of Representatives arrested and charged by the Corruption Eradication Commission (KPK) in the Rp 24 billion bribery scandal. One suspect has since passed away while another is currently serving time for a separate corruption case.

The politicians, who are from Golkar, the Indonesian Democratic Party of Struggle (PDI-P) and United Development Party (PPP), were detained en masse in early February.

The list of suspects also includes former minister and Golkar politician Paskah Suzetta, senior PPP politician Daniel Tandjung and senior PDI-P politicians Max Moein and Panda Nababan. Panda is the only sitting legislator among the accused.

Golkar's Hamka Yandhu, the PDI-P's Dudhie Makmun Murod, the PPP's Endin Soefihara and Udju Djuhaeri, of the now defunct police and military faction, have already been convicted and jailed for their roles in the case.

The Anti-Corruption Court ruled that the four had channeled the traveler's checks from Nunun to the other lawmakers.

The KPK is still investigating Nunun's role, as well as that of First Mujur Plantation, the palm oil company that bought the checks, and Miranda.

Nunun is believed to be in Singapore and has ignored repeated summonses from the KPK. Her husband and lawyers claim she is suffering from a mystery illness that causes memory loss.

PDI-P, Golkar members back ending KPK prosecutions

Jakarta Post - April 5, 2011

Ina Parlina, Jakarta – Some legislators whose fellow party members were implicated by the Corruption Eradication Commission (KPK) in a vote-buying scandal are backing a bill to strip the KPK of its authority to conduct criminal prosecutions.

The Attorney General's Office (AGO) has the sole authority to prosecute criminals, Eva Kusuma Sundari, a legislator from the Indonesian Democratic Party of Struggle (PDI-P) on House Commission III overseeing law and human rights, said on Monday.

"The Attorney General's Office Law clearly stipulates that prosecutions are the authority of the AGO," she told The Jakarta Post.

The AGO previously said it had enough resources to prosecute all cases of graft. Junior Attorney General for Internal Monitoring Marwan Effendy said that all prosecutions could be conducted by local prosecutors' offices – a move that would effectively return to the system in place before the KPK was established in 2003.

Eva said that the law on the AGO might have reduced the KPK's authority.

The Golkar Party's Bambang Soesatyo agreed with Eva, saying that the KPK should focus on prevention and that checks and balances could only be achieved through a division of responsibilities. "We need to separate the authority to investigate and prosecute corruption cases in order to impose effective monitoring," Bambang said.

Bambang said that no one has been monitoring the KPK's investigation of the bribery scandal linked to the appointment of Miranda S Goeltom as a Bank Indonesia senior deputy governor in 2004.

The antigraft body arrested 25 current and former House of Representatives lawmakers from the PDI-P, Golkar Party and the United Development Party (PPP) for alleged complicity in the vote-buying case, including former national development planning minister Paskah Suzetta and veteran PDI-P member Panda Nababan.

Bambang said giving the AGO the sole authority to prosecute corruption would improve prosecutions.

He also said that the authority to investigate corruption allegations should be returned to the National Police, adding that the nation could not rely on the KPK forever. "Remember, the KPK is an ad hoc body. As soon as corruption is abated, KPK must focus on preventing corruption and supervising law enforcement institutions in terms of handling corruption," he said.

The government's draft bill amending the law on corruption could strip the KPK of its law enforcement authorities. Members of Commission III also discussed amending the KPK Law, which might severely weaken the antigraft body.

Legal expert Andi Hamzah, who led the team revising the Anticorruption Law, said there was no intention to weaken the nation's fight against corruption. "Our draft does not grant the KPK authority to prosecute because this authority should be regulated by the law on the KPK which is currently being drafted by the legislators," he said.

AGO backs plan to scrap KPK powers to prosecute

Jakarta Post - April 4, 2011

Bagus B.T. Saragih, Jakarta – The Attorney General's Office (AGO) claimed Sunday it had enough resources to prosecute all graft cases amid a controversial attempt by the government to scrap the antigraft body's prosecutorial authorities.

Junior attorney general for internal monitoring Marwan Effendy said the more than 8,000 active prosecutors in the country were capable enough of handling the "only" 2,000 corruption cases a year.

"There are 120,000 other cases a year. Still, it is not beyond our capacity because a prosecutor can handle up to five 'difficult' cases a year while most general crime cases are 'light'," Marwan told The Jakarta Post.

Marwan's statement was made in response to controversial plans to end the prosecutorial authority of the Corruption Eradication Commission (KPK). This means all prosecution would be the authority of prosecutors' offices, a return to the justice system before the establishment of the KPK in 2003.

Unlike the National Police, the KPK is granted the authority to prosecute cases probed by its own investigators.

Attorney General Basrief Arief said Friday he welcomed the proposal. "It is very feasible. We can sit together to discuss it further."

In a draft by the government to amend the anticorruption law, the KPK has been ruled out as a law enforcement body granted the authority to prosecute cases.

The bill has already been lambasted for incorporating articles that reduces legal penalties for corruption convicts and allows graft convicts who caused state losses of less than Rp 25 million (US$2,875) to avoid serving any time in prison.

At the same time, members of the House of Representatives' law and human rights commission have also discussed changes to the 2002 KPK Law, which might severely weaken the antigraft body.

The revisions to both the anticorruption law and the KPK law are part of this year's legislative agenda.

Indonesian Democratic Party of Struggle (PDI-P) lawmaker Eva Kusuma Sundari said the revision to the KPK law should clarify that the KPK's authority was limited to conducting investigations. "Let them focus on graft prevention. In many countries, the prosecution is handled by a single institution," she said.

Eva's statement was echoed by Marwan, who suggested that Indonesia "adopts the principle of a single prosecution system".

He said the KPK was initially granted prosecutorial authority to reduce the time needed to share case files between investigators and prosecutors.

If the antigraft body has its prosecutorial authority lifted, the corruption case files must go to the AGO before a suspect can be tried, similar to other criminal cases processed by the police.

Activists claim the move is part of efforts to limit the KPK's power. "The government and lawmakers are collaborating to undermine the KPK, their common enemy," Indonesia Corruption Watch's (ICW) Febri Diansyah said, adding that the move was a major setback in the country's antigraft fight.

KPK chairman Busyro Muqoddas has repeatedly reiterated that the current KPK law and existing legal mechanisms on corruption cases adopted by the commission were sufficient. "We think the KPK law should not be revised," he said.

Corruption in land sector involves 'many actors'

Jakarta Post - April 4, 2011

Ina Parlina, Jakarta – The Judicial Mafia Taskforce is trying to identify patterns in the widespread corruption in the land management sector.

Meanwhile, an agrarian law expert claims the usual suspects were not only land agency officials but also officials from ministries, regional administrations, the legislature, military and legal institutions.

On Friday the taskforce announced that 22 percent of the 4,301 reports they received from the public since the taskforce was formed in December 2009 were related to the land sector, saying this indicated a major problem in the country's land management system, which is overseen by the National Land Agency (BPN). The taskforce called on the government to reform the land management system.

"We are studying those reports, looking for a pattern," taskforce member and chairman of the Financial Transaction Reports and Analysis Center (PPATK) Yunus Husein told The Jakarta Post on Saturday at a taskforce meeting in Puncak, Bogor, West Java, to follow up the reports.

Yunus said his office would work with the Corruption Eradication Commission (KPK) and the Indonesian Institute of Sciences (LIPI) to tackle the issue.

KPK deputy chairman M. Jasin said his office had found similar indications of systemic graft within the land sector body since 2005.

"In 2005, the KPK assessed the BPN system and found many loopholes. We advised them to overhaul some parts of their system, including reforming procedures to license land and general administration," Jasin told the Post. "We warned them to stop all forms of bribery or illegal fees." In 2009, KPK made an impromptu visit to five local BPN offices in Jakarta and encountered the same problems, Jasin said.

He said that each year since 2007 the BPN had scored below the KPK's standard of integrity in its Public Sector Integrity Survey. The survey evaluates efforts to eradicate and prevent corruption in the country.

Rapid Agrarian Conflict Appraisal (RACA) director Nur Amalia claimed the land sector was vulnerable to corruption, saying "it has too many loopholes".

"It's an open secret. Everyone knows the land sector is prone to corruption with many actors involved," Nur told the Post.

She said officials from the BPN, ministries, regional administrations, lawmakers and the military were implicated. Those in the legal system were involved as well, she added.

"The BPN controls the licensing process for the general use of land. Don't forget that people need licenses from the Forestry Ministry and its local offices to use forest lands for mining or plantation purposes. They also need the consent of local administrators or even legislators," she said.

In early 2009, Al Amin Nasution, then a legislator at the House of Representatives' Commission IV overseeing forestry, agriculture and fisheries, was sentenced to eight years in prison for accepting bribes to facilitate the approval of a forest conversion on Bintan Island in Riau. The Supreme Court later reduced his sentence to six years.

The bribe payer, Bintan regency administration secretary Azirwan, was sentenced to 2 years and six months in prison.

In conflict-ridden areas such as Papua, Nur added, companies even used the military to facilitate business dealings.

"Fabrication of land licenses often occurs as well. Some plots of land may even have two licenses," she added.

In 2007, the KPK arrested the former head of the Surabaya Land Agency, Mohammad Khudlori, for extorting a client. He was found guilty and sentenced to 15 month in prison by the Surabaya District Court.

"There are also many middlemen in courts helping certain parties win land dispute cases. These middlemen are officials at the courts, lawyers, prosecutors and judges, as well as local leaders such as subdistrict heads," she said.

Attorney general seeks control of antigraft prosecutors

Jakarta Globe - April 3, 2011

Heru Andriyanto – Attorney General Basrief Arief says the jobs of prosecutors in all Indonesian courts should be centralized by his office, under his leadership, specifically the antigraft commission's prosecutors at the Anti-Corruption Court.

It is no secret that friction has long existed between the Attorney General's Office and the Corruption Eradication Commission (KPK), which sends its cases to the Anti-Corruption Court.

The dispute took a turn for the worse in 2008 when one AGO prosecutor was slapped with criminal charges by the KPK. Urip Tri Gunawan is serving a 20-year jail term over a bribery scandal. After seeing to the jailing of Urip, the KPK arrested and investigated prosecutor Dwi Seno Wijanarko.

A mid-ranking official from the Tangerang Prosecutors' Office's intelligence unit – which is overseen by the AGO – Dwi is in custody awaiting trial for allegedly blackmailing a banker.

With just one exception, the KPK has never lost a case at the Anti- Corruption Court. The AGO, in contrast, often draws controversy with its handling of major graft cases.

However, Basrief suggested on Friday that his feathers were not about to be ruffled by past controversies, saying that he was confident that prosecutors fighting cases at the Anti-Corruption Court could be trained exclusively by the AGO.

"According to the Criminal Procedural Code [Kuhap], prosecution is the sole responsibility of prosecutors. We recruit and train all prosecutors and they are installed by the attorney general," Basrief said.

He said all countries worldwide recognized the exclusive task of their AGO to prosecute cases in court.

Basrief asserted that KPK prosecutors were only authorized to prosecute graft cases because they were sent to work there by the AGO in the first place. "We would welcome it if [all prosecution tasks] are handed to us," he told reporters.

However, many high-profile graft suspects have been released by the AGO even before their trials began, including former minister Laksamana Sukardi, business tycoon Sjamsul Nursalim and Hutomo 'Tommy' Mandala Putra, the son of former President Suharto.

Humiliating scandals have also rocked the AGO in recent years, such as the controversial trial of disgraced tax official Gayus Tambunan.

The rivalry between the AGO and KPK culminated in 2009 when then KPK chairman Antasari Azhar was prosecuted for murder. Afterwards, two of his former deputies, Chandra M. Hamzah and Bibit Samad Rianto, were named suspects on abuse of power and extortion charges.

The case against the two deputies backfired for the AGO, with Constitutional Court Chief Mahfud M.D. saying there was a conspiracy by the AGO, the National Police and the court system overseen by the Supreme Court, to discredit the KPK.

ICW calls for investigation into hajj fees

Jakarta Globe - April 3, 2011

Indonesia Corruption Watch on Friday demanded an investigation into allegations that the Ministry of Religious Affairs inflated hajj fees during the tenure of former minister Maftuh Basyuni.

"The hajj season is coming, there is talk of increasing the fee, and yet the Corruption Eradication Commission [KPK] still needs to follow up on the allegations from our previous report," said Ade Irawan, an ICW project coordinator, after meeting with leaders of the antigraft body. "The KPK also needs to issue a reminder to the ministry regarding past misappropriations."

Every year, thousands of people register with the ministry for the pilgrimage. To get their names on the list, would-be pilgrims must pay the hajj fee up front, even though it can be years before they are sent to Saudi Arabia. The fee was previously Rp 20 million ($2,200), but was raised to Rp 25 million last year. The fees are deposited in the ministry's accounts at state-owned banks.

Firdaus Ilyas, ICW's budget coordinator, said the organization estimated the ministry could be sitting on as much as Rp 27 trillion in deposits. "Based on our calculations, the cost of last year's hajj was only $500 per pilgrim," he said.

In 2006, former Religious Affairs Minister Said Agil Hussein Al Munawar was sentenced to five years in prison for embezzling more than Rp 75 billion in hajj funds between 2001 and 2004.

National Land Agency riddled with graft: Taskforce

Jakarta Post - April 2, 2011

Ina Parlina, Jakarta – The Judicial Mafia Taskforce says it found indications of widespread corruption in the country's land management sector and urged the government to focus on reforming land management.

"Twenty-two percent of the 4,301 reports we received are related to the land sector," Judicial Mafia Taskforce member Mas Achmad Santosa told The Jakarta Post via text message Friday. "That indicates there is a big problem in the land management system in the country.

"I'd say it's time to reform the public services in the land sector because it affects the livelihoods of many citizens," he said. However, Mas Achmad added that his office had not found a pattern used by perpetrators within the sector, saying it was being studied.

He urged the nation's anticorruption body to focus on the National Land Agency (BPN), which is in charge of land management in the country.

"All this time the country has focus on reforming the National Police, prosecutors and the courts. Meanwhile the land sector is murky as well," he said. "We will work with the Corruption Eradication Commission [KPK] as soon as we finish our study on the pattern."

KPK spokesman Johan Budi told the Post that his office had looked at graft in the land sector and concluded that the land agency was just as corrupt as other well-known corrupt institutions such as the police.

The KPK's 2010 Public Sector Integrity Survey, which was conducted between April and August last year involving 12,616 respondents in 22 cities, showed that the land agency, which has local offices across the country, failed to reach the KPK's minimum standards of integrity.

KPK set the standard for the survey at 6.00 on a scale of 0 to 10.00 based on efforts to eradicate and prevent corruption in the country. The index reflects respondents' experiences with corruption, whether in the form of gratuities, middlemen, red tape or other forms.

Mas Achmad said violations were not likely to occur only at the land management body, but also during land dispute settlement in courts.

Last year, the Corruption Court sentenced businessman D.L. Sitorus and his lawyer Adner Sirait to five and four-and-a-half years in prison respectively for bribing a judge.

They were both found guilty of bribing Jakarta High Administrative Court judge Ibrahim Rp 300 million (US$34,500) in March 2010 to win a land dispute against the Jakarta administration.

They were also fined Rp 150 million each or serve an additional three years in prison. The judge who accepted the bribe, Ibrahim, was sentenced to six years in prison and fined Rp 200 million by the same court on Aug. 2. The Supreme Court later reduced Sitorus' prison sentence to three years.

On Friday, the taskforce also disclosed findings that 14 percent of all reports it received were related to corruption, collusion and nepotism and 9 percent to fraud.

Patrialis postpones revisions to anticorruption law

Jakarta Post - April 1, 2011

Ina Parlina, Jakarta – Law and Human Rights Minister Patrialis Akbar withdrew proposed amendments to the 2001 Anticorruption Law after previously defending a draft that critics have said would weaken the fight against corruption.

"We are currently reviewing whether some provisions weaken the Corruption Eradication Commission (KPK) and the fight against corruption," Patrialis told reporters on Thursday, as quoted by tribunnews.com, "We don't want the bill to erode the nation's spirit in combatting corruption."

Activists, legislators and KPK leaders have criticized the government's proposal for amendments to reduce legal penalties for corruption and allow graft convicts to avoid prison.

Patrialias earlier defended the draft, saying that it would instead make people wary of committing corruption.

Indonesia Corruption Watch (ICW) stated they found at least nine contentious articles in the proposed revision to the Anticorruption Law, including failure to clearly specify the KPK's authority.

ICW's Donal Fariz, who studied the draft, said that he appreciated Patrialis' latest move to withdraw the draft.

"I'd say it's the right thing to do," he told The Jakarta Post Thursday. "The political situation is not favorable for drafting and deliberating such a bill. Certain actors can misuse the bill for their political interests," he said. "So, it is not wise to revise the current law now."

Emerson Yuntho of ICW, who once sat as a member of a team drafting the revision, expressed his concern over the composition of the team, saying that several team members "are in opposition to KPK". Emerson later quit the team.

The team comprised Junior Attorney General for special crimes Muhammad Amari, Oka Mahendra law and Human Rights Ministry directorate of laws and regulations, legal expert Indriyanto Seno Adji, the director for laws and regulations at the Financial Transaction Reports and Analysis Centre (PPATK) Muhammad Yusuf, and I Ketut Sudiharsa, a former member of the Witness and Whistle Blower Protection Agency (LPSK). The team is led by legal expert Andi Hamzah.

"It's curious why they made the draft so normative, instead of punchy," Emerson said.

KPK deputy chairman M. Jasin welcomed the postponement of the proposal, saying that "reviewing the draft is a good move to answer the public outcry."

"The government, in this case those who draft the revision, need to involve all stakeholders, including the KPK, in the reformulation of the revoked draft," Jasin said.

Patrialis said there was a possibility that the KPK would also be invited to sit together to discuss how to improve the draft bill. He also promised that his office would strengthen the draft. "We will expand the corruption offenses to close any doors for corruptors," he said.

Donal argued that it would be better to cancel the amendments instead of merely postponing the draft. "Even though they reformulate and improve its contents, no one can ensure the legislators would support strengthening the KPK and corruption eradication efforts," he said.

War on terror

Bashir slaps 'infidel' tag on SBY's leadership

Jakarta Globe - April 7, 2011

Heru Andriyanto – Firebrand cleric Abu Bakar Bashir on Wednesday questioned the legitimacy of the Indonesian government during a heated exchange with a prosecution witness at his terrorism trial.

Bashir, who is accused of funding a paramilitary training camp in Aceh, argued that while President Susilo Bambang Yudhoyono was a Muslim, he did not run the country according to Islamic law.

"According to the words of Allah, such a leader is classified as an infidel," he told the South Jakarta District Court.

He was speaking in response to testimony from Mukhtar Ali, a senior official with the Religious Affairs Ministry who was called to testify about jihad and paramilitary training.

Mukhtar had said the paramilitary camp in Aceh was illegitimate because the country already had a security apparatus in place. "We, as Muslims, are ordered to have skills and be prepared all the time," he said.

"But as citizens we must put everything in its proper place. Why should we have paramilitary training if the country already has the military?" He also said there was nothing in the Koran that advocated taking up arms to wage a jihad, or holy war.

"Some clerics have interpreted jihad as 'moving toward the true religion,'?" he said. "There are several implementations of jihad – fighting against the bad deeds in ourselves, fighting against infidels and fighting against Satan," he continued. "Before waging jihad on the outside, we should perform jihad within ourselves."

The use of weapons in jihad is acceptable only under certain conditions, Mukhtar told the court, such as when an Islamic or Muslim-majority country comes under attack or when there is an order to do so from the legitimate government.

"Islam orders its followers to obey Allah, his prophets and the Ulil Amir [legitimate leader]," Mukhtar said. "The fight against the infidels becomes obligatory only when they wage war against Muslims or hurt Muslims or expel Muslims from their countries."

He said that while spreading Islamic teachings was the obligation of all Muslims, calling for the establishment of an Islamic state was a completely different matter.

"We must not topple the legitimate government," he said. "We must not use bad to fight against bad."

He also said that while Indonesia was a secular country, principles from the Koran were adopted in several of its laws, including one on Shariah banking.

However, when cross-examined by defense lawyer Mahendradatta, Mukhtar acknowledged that his job at the Religious Affairs Ministry consisted of verifying halal certification for consumer goods.

He said he had not been informed that the case he had been called to testify in had nothing to do with halal certification.

Bashir's trial was adjourned until Monday, when two criminal law experts are scheduled to testify for the prosecution. Lead prosecutor Muhammad Taufik said they would be the last witnesses called by the state.

"We'll have presented 42 witnesses and we believe their testimonies are sufficient to prove the crime," he said after the hearing.

At the beginning of the trial, prosecutors said they had 130 witnesses they wanted to call to the stand.

"We're just trying to keep the trial modest and low-cost," Taufik said. "After the final two experts testify, it will be the defense's turn to present its witnesses."

Bashir is charged with three counts of funding terrorist activities at the Aceh training camp, as well as two counts of illegal firearm possession, one charge of mobilizing and inciting people to commit acts of terrorism and one charge of using violence with intent to inflict human casualties. He could face the death penalty if convicted.

Bali bomb suspect in Pakistan may reveal terror links: ICG

Bloomberg - April 2, 2011

Femi Adi & Agus Suhana – Pakistan's arrest two days ago of a suspect in the October 2002 bombings in Bali, Indonesia, may shed light on terrorist networks in the region, according to an International Crisis Group adviser.

Pakistan notified Indonesian officials that it arrested a man believed to be Umar Patek, who is accused of helping carry out nightclub bombings that killed 202 people on the resort island, Pakistani Foreign Ministry spokeswoman Tehmina Janjua told reporters in Islamabad on March 31.

Patak's arrest "does not mean an end to terrorist attacks, only that his information may lead to better understanding of networks and therefore more scope for preventive programs," Sidney Jones, a Jakarta-based senior adviser with Crisis Group, said in an e-mail yesterday.

Indonesia, a secular state with the world's biggest population of Muslims, has stepped up raids against terror suspects since 2009 bombings at Jakarta's JW Marriott and Ritz-Carlton hotels killed nine people, including the two attackers.

Authorities have blamed Jemaah Islamiyah, an al-Qaeda-linked group, for bombings at hotels, nightclubs and embassies over the past decade that have claimed more than 200 lives.

Authorities sent a team to Pakistan to examine Patek, who was arrested along with his wife, Sutanto, head of the Indonesia Intelligence Agency, told reporters in Jakarta two days ago.

The officers will verify his identity through comparing his DNA and fingerprint records, Indonesian Foreign Minister Marty Natalegawa said.

Terrorist links

Patek "will have information that everyone wants on the nature of terrorist links between Pakistan and Southeast Asia, between Indonesia and Mindanao, and perhaps between Mindanao and the Middle East," Jones wrote in the e- mail.

More than 500 US Special Operations troops are in Mindanao assisting Philippine troops in fighting terrorist groups, according to an army Web site. The US Federal Bureau of Investigation has offered a $1 million reward for Patek. Seven US citizens died in the 2002 Bali attacks.

If Patek is deported to Indonesia, he'll need to be charged for either murder or for illegal possession and use of explosives because the country's antiterrorism law can't be applied retroactively, Jones said.

Police in 2002 described Patek as a Javanese Arab who lived in Indonesian towns such as Solo, Yogyakarta and Pemalang. He was accused of placing a getaway bike at a mosque to divert the attention of police, Chief Investigator I Made Mangku Pastika said at the time.

In September 2009, police killed militant leader Noordin Mohammad Top, who was suspected of involvement in every major anti-Western attack in Indonesia since 2002. In March of the same year they killed terrorist leader and suspected Bali bomber Dulmatin and two others.

Freedom of religion & worship

Government tells Bogor villagers it will deal with Ahmadis

Jakarta Globe - April 7, 2011

Vento Saudale – A West Java government team dealing with the province's beleaguered Ahmadiyah community on Thursday called on area residents to leave the matter of the sect to the administration.

Speaking at the village hall of Ciaruteun Udik in Bogor district, where attacks against the sect's members have repeatedly taken place, West Java Police spokesman Adj. Sr. Comr. Endang Saprudin said people must remain patient when dealing with the sect members, and abstain from resorting to violence against them.

"Entrust the handling to the central government," he said, adding that Ahmadis should be treated like a family member who had strayed and needed help to return to the true path.

"Do this with patience, as our Prophet taught us, and through family approaches. People should not get jailed just because they had become impatient in facing the Ahmadiyah community," he said.

Endang reminded the villagers that while sect members could not be legally punished for their beliefs, people who committed acts of violence against them could face legal consequences. He also called on local leaders to adopt a personal approach in attempting to convert Ahmadis to "true" Islam.

Dadun, a religious leader from Ciaruteun Udik, called on security personnel to be firm in acting against the Ahmadiyah. He also called on the government to not only ban the sect's activities, but to ban the sect altogether. "There should not be another conflict erupting in society," Dadun said.

The government has decreed that Ahmadis are prohibited from worshiping in public and from proselytizing, but has stopped short of banning the sect. Rights activists have blamed the decree for inciting violence against Ahmadiyah communities in the country, including in West Java.

Late on Tuesday, five Ahmadi houses were attacked by a group of villagers in Ciaruteun Udik. There were no casualties as the houses' occupants had fled earlier.

Ahmad Hidayat, a local Ahmadiyah leader, said he had instructed sect members in the village to flee and seek shelter and safety at a neighboring Ahmadiyah community in Cisalada.

In recent years, persecution and violent attacks have marked the lives of Ahmadis across Indonesia, with the government accusing them of leading more and more Muslims astray.

The Indonesian Council of Ulema (MUI), the country's highest authority on Islam, declared Ahmadiyah to be a deviant religious sect in an edict issued last year.

The council believes that the substance of Ahmadiyah doctrines contravenes Islamic teachings for stating that the Prophet Muhammad is not the last prophet.

Ahmadiyah decree triggers violence: Amnesty International

Jakarta Globe - April 7, 2011

Elisabeth Oktofani & Putri Fitria – Amnesty International called on the government on Wednesday to revoke the decree that bans Ahmadiyah members from proselytizing, saying the regulation was one of the primary causes for an increase in religious violence in the country.

Saman Zia-Zarifi, director of the Asia-Pacific program at the Amnesty International, said the time had come for President Susilo Bambang Yudhoyono to get serious about tackling religious violence in the country.

"I had an open and frank discussion with the National Police chief, Nahdlatul Ulama, Muhammadiyah and church groups in Indonesia," Saman said. "We urge Indonesia to fulfill its obligation to protect its citizens, regardless of their religious beliefs, in line with the Indonesian Constitution and the International Covenant on Civil and Political Rights.

"The 2008 joint ministerial decree needs to be revoked. The country should not intervene in people's religious choices."

The police, Saman added, needed to publicly reiterate their commitment to protecting the rights of all Indonesians, regardless of their religious beliefs.

"The Indonesian police must ensure the trials of those who commit violence in the name of religion are free from intimidation toward victims, witnesses and their lawyers," he said.

Last month, the Religious Affairs Ministry held a national dialog on the minority Islamic sect, where the 2008 joint ministerial decree featured in discussions.

The Indonesia Ahmadiyah Congregation (JAI) declined to attend the event. They complained they had too little time to prepare and only received four seats at the conference.

The results of the dialog are expected to be used by the government to decide on the fate of the sect and the controversial 2008 decree.

Meanwhile, a regional leader of one of the groups accused of leading attacks on Ahmadiyah followers, the Islamic Defenders Front (FPI), said he did not condone violence against the group.

"Ahmadis are human beings. They have families," Bambang Teddy, head of the FPI in Yogyakarta, said on Tuesday. "The way to diminish the influence of Ahmadiyah is not with violence."

However, Bambang said, Yogyakarta Governor Sultan Hamengkubuwono was running out of time to issue a decree banning the activities of Ahmadiyah in the province. As a special region, Bambang said, the sultan should be able to make a decision independent of the central government.

If the sultan did not respond soon, he said, the local branches of the FPI would coordinate with FPI headquarters, led by Habib Rizieq, who has previously advocated violence against the sect.

"I'm worried that a war could break out against Ahmadiah in Yogya. I don't want Yogya to be unsafe," Bambang said.

Indonesia moving in wrong direction: Amnesty

Jakarta Post - April 7, 2011

Bagus BT Saragih, Jakarta – The rising number of attacks against minority groups in Indonesia is a sign that the country, which aims to play a greater role on the global stage, is moving in the wrong direction, Amnesty International says.

"The Indonesian government still has not accomplished its promise to deal with the prolonged problems related to the persecution of minorities. I just heard that the Ahmadis in Lombok continue to be dismissed from their homes. This is not the direction Amnesty is hoping for. This country is going in the wrong direction," Saman Zia-Zarifi, the Asia-Pacific director of Amnesty said in Jakarta on Wednesday.

"We are here to call on President Susilo Bambang Yudhoyono to fulfill his responsibility to ensure that all citizens, regardless of their religious beliefs, benefit from the human rights enshrined in the 1945 Constitution and the International Covenant on Civil and Political Rights, which Indonesia ratified in 2005," he added.

London-based Amnesty was delivering a joint statement along with a number of Indonesian human rights groups, namely the Commission for Missing Persons and Victims of Violence (Kontras), Imparsial, Elsam, the Wahid Institute, the Setara Institute and the Bhinneka Tunggal Ika National Alliance (ANBTI).

Zia-Zarifi cited documentation collected by local NGOs showing that attacks against Ahmadiyah communities across the country had increased sharply in 2011 compared to the previous two years.

A particularly alarming development was the involvement of the Indonesian Military and police officers in intimidating and forcing the conversion of Ahmadis in villages in West Java in the last two months.

"Indonesia is one of the most diverse countries and becomes a model for international communities. However, the central government's inability or lack of desire to address this issue is potentially catastrophic," Zia- Zarifi said.

During his short visit to Jakarta, Zia-Zarifi met with National Police deputy chief Comr. Gen. Nanan Soekarna and visited Indonesia's two largest Muslim organizations, Nahdlatul Ulama and Muhammadiyah, and the Indonesian Communion of Churches (PGI) a few days earlier.

"We had very open discussions and we share similar concerns that attacks and violence cannot be justified," he said.

Zia-Zarifi also said the 2008 Joint Ministerial Decree forbidding Ahmadis from propagating their beliefs could justify vigilantism and lead to increasing violence.

"Regulations like this, especially if they are implemented differently by administrations at regional and district levels, could instead provide green lights to extremist forces to attack religious communities targeted by the regulations," he said.

According to the coalition, there are already 20 regional regulations and decrees banning followers of Ahmadiyah from practicing their religion publicly.

Last month, 27 US congressmen signed a letter to President Yudhoyono to revoke "prosecuting" bylaws.

Bonar Tigor Naipospos from Setara said Yudhoyono's reluctance to address the issue was linked to his party's political preparation ahead of the 2014 elections.

"Yudhoyono will not contest again and his charismatic figure will no longer help the Democratic Party gain an enormous amount of votes. That is why the party's politicians really take what radicals want into account because they are wary about losing votes from hardline Muslim communities," he said.

On Tuesday evening, five houses belonging to Ahmadiyah followers in Ciaruteun Udik village in Bogor, were severely damaged due to a series of mob attacks. Those attacks were the third in the last two month

Government still unsure how to resolve Ahmadiyah issue

Jakarta Globe - April 7, 2011

Camelia Pasandaran – The Indonesian government has admitted that it still does not know what to do about the Ahmadiyah Islamic sect.

The government was expected to announce the results of a national dialogue on the fate of the Ahmadi on Tuesday, but Coordinating Minister of People's Welfare Agung Laksono said he was not able to comment.

"We accepted input from many sides, but we have not taken a stance: Whether to ban the organization, disband it or guide them," Agung at the Vice Presidential Palace on Thursday. "We haven't decided anything," he reiterated, "but to listen to input from various sides."

Bowing to international criticisms that it was not doing enough to protect the persecuted minority, the government last month held four days of discussions with various government ministries and organizations.

Representatives of the Ahmadiyah were not present, arguing that the invitation was received late and that the Ministry of Religious Affairs was not a neutral venue to hold talks.

Religious Affairs Minister Suryadharma Ali has previously called for the sect to be banned, drawing condemnation from human rights organizations and calls for him to resign.

PPP 'officially' rejects Ahmadiyah

Jakarta Post - April 4, 2011

Jakarta – The Islamic-based United Development Party (PPP) reiterated on Saturday its "official" rejection of the presence of Islamic minority sect Jamaah Ahmadiyah in Indonesia, saying the group has tainted the image of Islam.

"Our party has officially asked the government to ban and dissolve the misleading Ahmadiyah sect across Indonesia. The reason is because Ahmadiyah has created a religion inside a religion and defiled Islamic teachings," PPP deputy chairman Chozin Chumaidy told the press on Saturday during his visit to the West Sulawesi capital of Mamuju.

He said Ahmadiyah should not be allowed to grow because many of its teachings could destroy those of mainstream Islam.

"The Ahmadiyah followers have caused restlessness among Muslims, so this Islamic-based party (PPP) affirms its rejection against Ahmadiyah for the sake of Muslims

The Islamic-based United Development Party (PPP) reiterated on Saturday its "official" rejection of the presence of Islamic minority sect Jamaah Ahmadiyah in Indonesia, saying the group has tainted the image of Islam.

He said Ahmadiyah should not be allowed to grow because many of its teachings could destroy those of mainstream Islam.

"The Ahmadiyah followers have caused restlessness among Muslims, so this Islamic-based party (PPP) affirms its rejection against Ahmadiyah for the sake of Muslims."

Sumatra buddha statue must go: Ministry

Jakarta Globe - April 3, 2011

The Religious Affairs Ministry has ordered a large Buddhist statue in North Sumatra to be taken down after it raised the ire of Muslims in the area.

Budi Setiawan, the ministry's director general of Buddhist affairs, said on Friday that the decision to remove the six-meter-high statue in Tanjung Balai was final and could not be appealed.

He said discussions in October among Buddhists, the Indonesian Council of Ulema (MUI) and the local government resulted in an agreement to dismount the figure, which sat on top of a three-story temple in Vihara Tri Ratna Kota. This claim, however, has been disputed by the Buddhists.

Veryanto Sitohang, head of the Buddhist United Alliance of North Sumatra (ASB), condemned the decision on Friday, saying it "clearly violated human rights and law" by siding with Muslims.

Land rights & forced evictions

Private sector using land acquisition law to trample people's land rights

Kompas - April 4, 2011

Jakarta – It would be better if the deliberations on the Draft Law on Land Acquisition for Development be delayed while legal uncertainty over the control of land by communities remains unclear. In addition to this, the ratification of the draft law has the potential of impairing spatial planning and regional boundaries throughout Indonesia, the deliberation and ratification of which are still unfinished.

The House of Representatives (DPR) member of the Special Committee for the Draft Law on Land Acquisition from the National Awakening Party (PKB), Abdul Malik Haramain, said that the issue of community land certification is still unclear.

"The National Land Agency (BPN) has only completed 30 percent of community land certification. A lot of community land has not yet been certified, including within it collective land that in factual terms is controlled by communities. There will be huge problems if the draft land acquisition law is ratified while the status of large amounts of land controlled by communities is unclear", he said in Jakarta on Saturday April 2.

Haramain also revealed that the draft land acquisition law will damage the basis of spatial and territorial boundary planning throughout Indonesia. "So far there are only 10 out of 33 provinces that have completed zoning and spatial plans and there are also regencies in these 10 provinces that have also yet to complete zonal and spatial plans. If the draft law on land acquisition is ratified before regional zonal and spatial plans are drafted, it will destroy all of the special and territorial planning in the regions", said Haramain.

A commission member from the Indonesian Democratic Party of Struggle (PDI-P), Arif Wibowo, added that as long as substantial problems such as the affirmation of the people's right to land are not resolved by the government, it would be better if the draft law be rejected. "The ordinary people's civil ownership rights could be violated just like that with this draft law. The position of our [party's] faction is clear, if indeed an acknowledgement of the people's right to land remain unresolved, we will reject the draft law", he said.

Wibowo believes that there are openings for the draft law to be taken advantage of by the private sector in procuring land by manipulating the definition of public interest. The involvement of the private sector in the law is a plot to negate the people's right to land for the sake of development. Infrastructure development must be accommodated, but not by violating the people's rights. (BIL)

[Translated by James Balowski.]

Civil service & bureaucracy

Overgrown bureaucracy ties up key projects

Jakarta Post - April 8, 2011

Adianto P. Simamora, Jakarta – President Susilo Bambang Yudhoyono ended his visit to Norway last year, where he signed a billion-dollar forest carbon deal, playing positive tunes.

He composed a song inspired by the deal, calling all people to unite to save the earth.

The song, in Indonesian, goes more or less like this: "Unite friends, unite. Unite the world for our earth. Hand in hand protect it. Our offspring will all be safe and sound." Ministers who joined the trip to Oslo, Norway, also sang.

Back in Jakarta, however, unity seems to be on the backburner amid discord between the Forestry Ministry, backed by the Environment Ministry, and the Coordinating Economic Ministry and presidential aides dealing with the environment.

In addition to the relevant ministries, Yudhoyono appointed his close aide Kuntoro Mangkusubroto to lead a team to realize the moratorium, forming a regulation to implement it. The deal says the regulation for the moratorium must be ready by Jan. 1, 2011. The necessary regulation had not been implemented as of Thursday.

The delay in the moratorium is a quintessential incident where the relation between Cabinet ministers, Yudhoyono's own men and ineffective bureaucracy was questioned by critics.

Kuntoro, assisted by nine senior officials and environmental activists, drafted a presidential instruction for the moratorium, which also underlined the need to improve the country's forest management during the moratorium.

Forestry Minister Zulkifli Hasan is reportedly unhappy with the draft although the ministry's secretary-general Hadi Daryanto is a member of the taskforce.

Zulkifli then proposed another draft and submitted it to Coordinating Economic Minister Hatta Rajasa. The draft was signed by Zulkifli, Hatta and Environment Minister Gusti Muhammad Hatta. Both Zulkifli and Hatta are politicians from the National Awakening Party (PAN).

A source told The Jakarta Post that a number of meetings had been made to bridge the differences between drafts from Kuntoro and Zulkifli but it failed to reach one draft. "Kuntoro and Zulkifli are still fighting to keep their own drafts," the source said.

Cabinet Secretary Dipo Alam then stepped in, issuing a "win-win" draft to accelerate a moratorium as promised by Yudhoyono.

Vice President Boediono invited, among other, ministers Hatta, Zulkifli, Gusti and Kuntoro to discuss the draft at Dipo's office. "We reached significant progress after the meeting," Minister Gusti told the Post.

President Yudhoyono has been known as a leader with a strong commitment to the environment. Yudhoyono appoints people known for their expertise and dedication to the environment as presidential assistants. He hired Emil Salim as the presidential special advisory on the environment, former minister Rachmat Witoelar as presidential special envoy on climate change and Agus Purnomo as presidential special staff on climate change. Rachmat is also the executive director of the National Council on Climate Change (DNPI), established under a presidential instruction, with Agus as its secretary-general.

In addition, the Environment Ministry, Forestry Ministry and Geophysics, Climatology and Meteorology Agency have a special unit on climate change affairs. The National Development Planning Ministry and Finance Ministry also established a special division on climate finance.

Indonesian Forum on Environment executive director Berry Furqon said the presidential team had worsened the already poor coordination among existing departments. "The huge bureaucracy established by Yudhoyono is ineffective such as the case of the taskforce on REDD," he told the Post.

Public administration expert from the University of Indonesia, Bob Waworuntu, said the new organizations would create redundant policies. "There have been too many new organizations set up under Yudhoyono. They could further blur coordination among ministries," he said.

Mas Achmad Santosa, a member of the Judicial Mafia Taskforce, however, said his unit did not overlap existing law enforcement institutions. "[The taskforce] does not hold authority. There cannot be overlapping."

Legislation & parliament

Don't compare House members with the poor: Legislator

Jakarta Post - April 8, 2011

Jakarta – Golkar Party legislator Nudirman Munir said Friday that the House of Representatives should not be compared to people who live in shabby shanties.

"Don't get out of line and compare [the House] with the poor. The two are obviously different. Do we have to live in shabby shanties too and on flooded floors? We have to be realistic," he said at a plenary session.

He also said he was embarrassed when he had to show his room to a number of regents who had paid him a visit. "The regents came to my office and told me that his aide had a larger room than what legislators have," he said.

Nudirman also alleged that several parties' rejections of the House's planned new office building, whose construction budget was more than Rp 1 trillion (US$116 million), was merely political posturing.

The Great Indonesia Movement Party (Gerindra) and the Indonesian Democratic Party of Struggle (PDI-P) disagreed with the plan, but Friday's plenary session approved the plan and its budget.

Law draws road map for development

Jakarta Globe - April 6, 2011

Ismira Lutfia – The House of Representatives on Tuesday passed the geospatial bill into law, a quarter of a century after it was conceived and numerous name changes later.

Asep Karsidi, head of the National Coordinating Agency for Surveys and Mapping (Bakosurtanal), welcomed its passage as an opportunity to finally develop a standardized reference for the country's territorial management and disaster mitigation planning.

"This law will be the single national reference for basic geospatial information and will be integrated with other thematic information compiled by government agencies such as the Energy and Mineral Resources Ministry or regional administrations," he said after House Commission VII, which oversees research and technology issues, passed the bill.

The law, he said, will also regulate basic information on the country's natural resources, both below and above ground, to improve their management for the benefit of the country and its people.

First drafted in 1985 as the surveying and mapping bill, it became the national geographic information bill in the 1990s and then the national spatial information management bill in 2007.

By 2002, it had been extensively trimmed to ensure it would not overlap with existing laws, but failed to make it onto the House's list of priority legislation. In 2009, it finally made it onto the list for expected passage in 2010, but with a backlog of bills ahead of it, was delayed once again.

Geospatial information, most commonly in the form of maps, details the most prominent features of an area. The information provides a reference point for development, transportation and infrastructure projects.

It is expected that government agencies and private institutions will manage their own thematic geospatial information in fields such as agriculture, disaster mitigation, forest management and housing development based on the basic reference provided by the law and overseen by a planned geospatial information agency.

Asep said the planned agency would be set up within two years, based on the existing Bakosurtanal. The law, he added, gives the agency a three-year transition period to compile all the existing thematic maps drafted by other agencies into a single harmonized national map.

"It will be a laborious process, considering Indonesia's large and sprawling territory, but after that, there will be no more overlapping information," Asep said.

President does not want DPR building canceled: Ministers

Jakarta Globe - April 7, 2011

Camelia Pasandaran – Less than ten minutes after President Susilo Bambang Yudhoyono appeared to ask the House of Representatives to abandon plans to build a controversial new building, two of his senior ministers moderated his comments.

Coordinating Minister for People's Welfare Agung Laksono, who had a major role in drawing up the plans for the costly building, claimed Yudhoyono did not want construction of the tower abandoned altogether.

"It should be made simpler, or functional, according to the standards," the Golkar legislator said at the Presidential Palace His comments came directly after Yudhoyono called for unnecessary building construction plans to be canceled or delayed.

Agung said that building the office is the authority of each institution, but should consider whether it is proper or not, or whether it meets the standard of state building.

"State buildings are both government building or non government building like the House," Agung said. "it should be adjusted to the standard or make it simpler."

Public Works Minister Djoko Kirmanto said the president wanted the budget – currently estimated at Rp 1.13 trillion ($130 million) – for the proposal to be reviewed to see if it was "beyond normal or not."

"The president understands the need, but he wants it to be checked whether the width of the building is appropriate, whether the quality is too expensive."

Parties start petition to block DPR tower project

Jakarta Globe - April 4, 2011

Markus Junianto Sihaloho – As the House of Representatives faces a volley lawsuits over its plans to build an office tower, some lawmakers have launched a petition to scrap the project.

National Mandate Party (PAN) lawmaker Teguh Juwarno, one of initiators of the petition, said in a news conference on Monday that the Rp 1.13 trillion ($150 million) project was too costly as well as unnecessary.

"We urge the House leadership to stop this plan," he said, adding that the legislature needed to improve its performance rather than build new offices.

The petition was backed by Budiman Sudjatmiko, from the opposition Indonesian Democratic Party of Struggle (PDI-P) and Democratic Party lawmaker Roy Suryo.

Edi Prabowo, House chairman of the Great Indonesian Movement Party (Gerindra), and the National Awakening Party's (PKB) Malik Haramain were also among the first to sign.

Though the Democratic Party has endorsed the building project, Roy said at Monday's press conference that he would seek to turn the tide. "I will try to tell them one by one to follow me in this step," he said.

However, Golkar Party lawmaker Tantowi Yahya said the legislature's strategic plan for 2009 to 2014 – passed just months ago – should be revised before the project was aborted.

Representatives from all House parties are set to meet today with the legislature's leadership, headed by Speaker Marzuki Alie, a Democrat, to discuss if such a revision is needed.

Marzuki, chairman of the committee that approved the plan, has defended the project and remained undaunted in the face of lawsuits and criticism. "I have several times gone to court, so it's not new to me. I am ready and will face it," he said.

On Monday, concerned citizens Arif Puyono and Adi Partogi Simbolon lodged a complaint against the House before the Central Jakarta District Court. The Indonesian Forum for Budget Transparency (Fitra) has also threatened to file a civil lawsuit if lawmakers do not scrap the plan by next week.

Public anger against new House building plan mounts

Jakarta Post - April 4, 2011

Bagus BT Saragih, Jakarta – Two civil society coalitions threatened to file a lawsuit against the House of Representatives' leadership body over plan to construct a multi-million dollar office building critics claim would be too lavish.

Two coalitions of NGOs announced Sunday that the House's insistence in proceeding with the plan could be considered "a violation of the law and Constitution".

Seven NGOs grouped under the so-called Advocacy team for the State Budget for People's Prosperity Coalition demanded that the House officially cancel its plan to construct the new building within a week.

They also demanded legislators publicly apologize for failing to fulfill their legal obligations as the people's representatives, under which they should have prioritized public aspirations over the new building plan.

"Should they fail to meet our demands, we would file a lawsuit with the South Jakarta District Court against the President, the finance minister, House speakers and members of the House's Household Affairs Committee," Ridwan Darmawan, the spokesman for the team, said.

He cited a 2010 Presidential Instruction ordering all state bodies to avoid wasting state funds. The Indonesian Forum for Budget Transparency (Fitra), a member of the coalition, said it was mulling filing a criminal lawsuit against House Speaker Marzuki Alie from President Susilo Bambang Yudhoyono's Democratic Party.

Indonesia Corruption Watch (ICW) also invited a number of civil society groups to join its coalition to initiate a movement against the new building plan. This coalition would file a lawsuit and class action against the House should the controversial plan not be dropped, ICW's Emerson Yuntho said.

"The '1,000 Somasi' [1,000 Summons] movement will be carried out in many cities across the country," Emerson said.

He added that the coalition would also file a judicial review with the Constitutional Court to challenge the 2011 State Budget Law. This year's state budget allocated Rp 800 billion (US$92 million) to the project, which is estimated to cost Rp 1.16 trillion. Rp 100 billion was disbursed in 2010 to finance the consultancy jobs for the project while the remaining cost would be disbursed from 2012 budget. The Jakarta Legal Aid Foundation and the Indonesian Legal Aid Foundation have joined the ICW coalition.

Lawmaker Bambang Soesatyo from the Golkar Party said the NGOs' move was understandable. He admitted the plan to construct a new building should be made following a study proving the existing buildings were no longer sufficient or adequate. "Lawmakers really do need more space, but we must not downplay people's aspirations," Bambang said. He suggested a revised, cheaper design to replace the current building.

The House's Secretariat General previously insisted it would commence with the construction in June despite mounting protests. A number of lawmakers, however, have agreed to call for a temporary halt to the project pending a plenary session to discuss the future of the project.

In an attempt to appease public anger, the People's Awakening Party (PKB) and the United Development Party (PPP), which initially agreed with the construction plan, said the cancellation of the project was possible through a consultative meeting involving representatives from all seven parties at the House.

However, activists remain unconvinced. "Many lawmakers have issued statements without any real actions. That's why we are giving them a week to prove their seriousness before filing the lawsuit," Fitra's Uchok said.

Parties try to appease public resistance to new House building plan

Jakarta Post - April 1, 2011

Bagus BT Saragih and Adianto P. Simamora, Jakarta – Responding to growing public protests against plans to construct a new legislative building, parties in the House of Representatives are attempting to stem the wave of resistance but have not clarified their stance on the plan, which has already cost taxpayers tens of billions of rupiah.

According to the construction plan, the new building would give each of the 560 legislators and their aides a 111.1-square-meter office worth Rp 800 million.

Only two parties, which initially agreed with the initial Rp 1.16 trillion (US$133.4 million) construction plan, have stated that they would agree to scrap the controversial plan when other parties agreed to discuss it at a House plenary session.

The People's Awakening Party (PKB) and the United Development Party (PPP) said the cancellation of the project, scheduled to begin in June, could be reached but must go through a consultative meeting involving representatives from all seven parties at the House.

"We agree to an inter-party meeting, because I see many parties have shifted their stances," PKB lawmaker Abdul Kadir Karding said.

National Mandate Party (PAN) claimed it was joined by two opposition parties, the Great Indonesia Movement Party (Gerindra) and the People's Conscience Party (Hanura), in rejecting the plan, which has been criticized as being expensive and a waste of taxpayer money.

The opposition Indonesian Democratic Party of Struggle (PDI-P) initially agreed to the proposal, but following massive criticism its lawmakers issued mix statement, with some insisting on going ahead with the construction while others called for a reevaluation of the plan.

The Prosperous Justice Party (PKS) has also not issued a clear stance on the issue. So far, only the Golkar Party has stood by its initial decision to support the plan.

President Susilo Bambang Yudhoyono's Democratic Party had initially supported the proposal, but one of its lawmakers, Achsanul Qosasi, said the party would not protest if the plan was dropped as long as the decision was endorsed by all parties.

Some of the political parties attempted to shift the blame to House Speaker Marzuki Alie for his failure to take a firm decision in response to public anger over the issue. However, Marzuki insisted he did not have the power to cancel the project as it was the decision of a House plenary session.

He said a plenary meeting to discuss the new building plan could be held soon as long as all participants agree on it. "House speakers cannot cancel the planned construction. The decision to construct a new building was made at a plenary meeting, therefore a plenary session is the only legal forum to cancel the plan," Marzuki claimed.

The leader of the House PPP wing, Hasrul Azwar, claimed the party initially approved of the plan due to political pressure from major political parties.

"We actually opposed the proposal since the beginning. We approved it because we were told to," he said, but did not say where the pressure came from. Hasrul said his party supported the idea of hold a consultative meeting. "I hope all parties endorse the cancellation [of the project]," he said.

Criminal justice & prison system

Jailed politician spotted at Islamic boarding school

Jakarta Globe - April 6, 2011

Camelia Pasandaran – A disgraced Indonesian politician from who was jailed for his role in a number of high-profile corruption scandals has allegedly been seen enjoying outings from prison.

The disclosure was made by a journalist at the Presidential Palace on Tuesday, who told Justice Minister Patrialis Akbar that he had seen Al Amin Nasution from the United Development Party (PPP) at an Islamic Boarding School in West Jakarta.

The journalist said he had seen Nasution on at least two occasions. It is unclear why a convict would be allowed near school children.

The former legislator was jailed for eight years for his involvement in a bribery scandal linked to the procurement of Global Positioning System devices for the Forestry Ministry in 2007.

He was also convicted in 2009 of involvement in the illegal conversion of a protected mangrove forest to pave the way for the construction of the Tanjung Api-Api seaport, as well as allegedly accepting Rp 2.2 billion in bribes in a similar forest-conversion case in the Riau Islands in 2008.

Patrialis said if the reports were true, the prison warden and prisoner would face sanctions. He admitted that Nasution had applied for parole, but it was yet to be granted.

He said Nasution would not be allowed to leave prison without a solid reason. Patrialis promised to investigate.

Police release boy, 14, detained over $1.15 phone card

Jakarta Globe - April 5, 2011

Elisabeth Oktofani – The 14-year-old boy detained for 25 days on suspicion of stealing a Rp 10,000 ($1.15) phone card was released on Tuesday, the day after the story was reported by Indonesian media outlets.

Hendrik Sirait, the chairman of the Indonesian legal Aid and Human Right Association (PBHI), told the Jakarta Globe in a text message that the prosecutor had ordered the release of Deli Suhandi and that his arrest be suspended.

Deli's father Dede said he was happy to have his son back. "I was told the news from the PBHI lawyer that the prosecutor had ordered the suspension Deli's detention. Therefore, he can continue his studies and take the final exam," he said.

"Even though Deli has not been 100 percent cleared, it is good [that he has been released] for the sake of his education. I hope we won't be bullied by his friends."

According to police reports, Deli and his friends Rahmat Wibowo and Muhamad Luki were taking cover near a damaged phone-card stall during a riot in their neighborhood.

After the riot had ended, the boys were picking up phone cards scattered on the street when somebody shouted at them, accusing them of stealing. The boys threw away the phone cards and ran away as an angry mob chased them. Luki got caught. The next day police arrested Rahmat and Deli at their respective homes.

The police later released Luki and Rahmat, but continued to detain Deli, who was charged with stealing, under a code carrying a maximum of seven years' jail. After being detained in the precinct for four days, Deli was transferred to the Pondok Bambu Penitentiary.

Indonesian drug trafficking busts doubled in 4 years

Straits Times - April 4, 2011

Wahyudi Soeriaatmadja – Drug trafficking has surged in Indonesia, say authorities, who are cracking down on more smugglers, dealers and producers than ever before.

The scourge has seeped into all levels of society, including students and professionals, while foreign tourists are attempting to smuggle in crystal methamphetamine tablets, or crystal meth, known as shabu. Prison corrections officers have been caught running a brisk crystal meth trade, with the drug being produced in makeshift factories in housing estates in Jakarta and Batam.

The National Narcotics Agency (BNN) estimates that at least four million people, or 1.7 percent of Indonesians, are illegal drug abusers.

Data from the agency showed that its number of drug busts doubled from 14,105 four years ago to 28,801 last year, and 57 percent of last year's cases involved the manufacturing, trafficking and use of shabu and marijuana.

The rest of the cases involved party drugs like Ecstasy and other hard-core drugs like heroin and cocaine.

BNN's director of its natural narcotics office Benny Mamoto said: "We've seen more international syndicates trying to operate here in a big way."

News reports suggest that an increasing number of drug mules are smuggling in narcotics from African and Middle Eastern countries, as well as from Australia and Europe.

Drug syndicates have targeted the archipelago because of its porous borders and 17,000 islands – which make entering and leaving simpler than for other countries. It is also easy to secure raw materials through illegal imports, with some producers even getting their hands on locally produced pharmaceuticals and breaking them down into their constituent parts.

Drug prices in Indonesia are said to be among the highest in Asia. One gram of shabu is said to retail for between 1.5 million rupiah and two million rupiah (between S$218 and S$290), according to news reports.

Said criminologist Adrianus Meliala: "Indonesia has been stepping up the fight against narcotics in the supply-reduction front, while society did not balance such a fight with efforts to reduce. This, in turn, has pushed prices higher."

State news agency Antara estimated that the illicit drugs hauled in by the authorities were valued at 893 billion rupiah last year.

Recent drug busts that have shocked the nation have involved well-known individuals, celebrities and law enforcers.

Two weeks ago, former president Suharto's 20-year-old great-granddaughter Putri Aryanti Haryowibowo was caught smoking shabu in a Jakarta hotel room. She was with a mid-level police officer and another man, who had allegedly provided the drug. She is now in police detention, pending further investigation.

Early last month, narcotics officers from Jakarta discovered that the head of the high-security prison on Nusakambangan Island off central Java, Marwan Adli, and two of his officers had allowed the shabu trade to thrive in return for a share of the profits. Police are investigating how the trade was carried out and how long it lasted. The trio are now in prison.

Indonesia mandates a death sentence for convicted drug traffickers. However, the penalties for production and usage are still relatively lenient.

BNN said that besides stepping up its raids, it is also launching a campaign to encourage people to help members of their family whom they suspect are drug abusers.

Said Mamoto: "We can come over and pick up their loved ones, give them counseling, put them in rehabilitation, before they get arrested."

The campaign has been extended to schools, with teachers allowed to request for urine tests to be conducted on any student who is suspected of abusing drugs.

"We tell them, you will not be hated if you report your loved one or friend, because what you are doing is ensuring the person doesn't sink even deeper into addiction," Mamoto added.

In child justice, adult-sized shackles

Jakarta Globe - April 4, 2011

Nivell Rayda – A group of about 10 detainees in a cramped cell at a Depok police station jostled to be first in line when guards brought around their lunch rations.

The much-awaited meal consisted of a small lump of rice and vegetable soup with no meat in sight, contrary to what they had apparently been promised by guards. Regardless, they wolfed down the food.

In a corner of the tiny room, away from the commotion, one detainee sat quietly, too scared to touch his food.

At just 14 years of age, Hussein (not his real name) was by far the youngest person in the four-by-three-meter cell he had been sharing with hardened criminals and drug addicts for the past two days.

His small stature, he said, invited bullying from his cell mates, and made fighting back an impossibility. They first shook him down for money. Finding him penniless, they decided to take his meals instead.

"I miss my mother," Hussein said. "She's in Tegal [Central Java] with four of my younger siblings. She doesn't have enough money to come and visit me. She can only pray for me and asked me to take good care of myself."

The teenager said he came to Jakarta to work as a laborer at a construction site. "They only needed me for about a week, so I didn't even make enough for the bus fare home, let alone to feed my brothers and sisters," he said. "After a couple of days without a place to stay, I became desperate and started to steal things."

There were wounds across Hussein's face and angry red marks all over his body, inflicted, he said, as vengeance after he was caught trying to steal a cellphone from a woman in a shopping mall. But he was reluctant to discuss some of his injuries that appeared to be more recent.

"It's been days since I've had a good night's sleep," he said. "Sometimes I just close my eyes hoping this is all a bad dream."

Delinquents or criminals?

Hussein is only one of thousands of children and teenagers under the age of 18 who run afoul of the law. The Indonesian Commission for Child Protection (KPAI) estimates that more than 7,000 children could be currently incarcerated nationwide.

"This is the figure we got in February," KPAI commissioner Apong Herlina said. "The majority of these children were sentenced to between three and six months in prison, so some might have already been released by the time we released our study. It's hard to get an estimate of just how many children are incarcerated or sentenced each year."

Despite ratifying a law on juvenile courts in 1997, Indonesia does not have a justice system specifically designed to deal with young delinquents, and law enforcers often use a punitive approach for child offenders.

If found guilty, juveniles should be placed in special correctional facilities for children, though a lack of space at these facilities means that doesn't often happen. Juveniles still under police investigation – like Hussein – are detained along with adult suspects.

"Most police officers don't understand children's rights. Children are treated just the same as any other criminals without paying attention to their well-being or psychological state," Apong said.

"As far as the police are concerned these children have broken the rule of law and must be punished. But these children are actually victims of a lack of parental guidance, poverty and sometimes peer pressure."

Unicef estimates that 84 percent of children sentenced in Indonesia, including for petty crimes, are placed with adult criminals in detention centers and prisons with little or no access to education, health or recreation.

Studies in other countries on prosecuting juveniles as adults have shown that compared to those held in juvenile detention centers, youths held in adult jails are 7.7 times more likely to commit suicide and five times more likely to be sexually assaulted.

Puji Astuti Santoso, chairwoman of the Masudi Putra Handayani Boarding House, one of only four facilities established by the Ministry of Social Affairs to rehabilitate young offenders, said that nearly all of the children sent to the center had experienced physical and mental trauma.

"There are about 20 children each year transferred from the Directorate General of Penitentiary Affairs to this facility. The children have to be put into some kind of quarantine for the first week," she said.

"Usually they have infections, rashes or other contagious diseases. Prison life was hard for them so they show some form of depression, which take its toll on their physical health. Their bodies become frail and more prone to diseases. Emotionally they are more reserved and traumatized, so it takes time for them to fit in."

Future lost

Although the KPAI has not conducted any formal studies on the correlation between juvenile incarceration and recidivism, agency commissioner Apong said examples were abundant.

"You must remember that children are emotionally less stable than adults. Children see adults as authority figures, and in the case of those detained in an un-segregated cell, those figures are criminals," she said.

"We have observed a lot of cases where these kids fell deeper into a web of crime. They are taught to steal by the masters of thievery. Mix them with drug dealers and they become drug mules."

In their 2000 essay, "Prosecuting Juveniles in Adult Court," US researchers Malcolm C. Young and Jenni Gainsborough said that given their developmental immaturity and incapacity to understand the legal process, children are also vulnerable to police or prosecutors who put words into their mouths in order to gain a "confession."

"The adult criminal system is designed for the prosecution of adults. The process is adversarial and no allowance is made for the limited experience and understanding of a young mind," the legal experts say.

"Judges and lawyers in adult courts are not trained to understand children's levels of cognitive development nor attuned to the way they speak. As a result, children in adult criminal court are at a disadvantage as compared to adults in the same courts."

Upon re-entering society, many juvenile convicts find it hard to return to school or get a job because of the stigma attached.

"Even my father doesn't want me," said 22-year-old Rahmat Basuki. "After I was released from prison around eight years ago my father told me not to come home. If he sees me coming back to my house he immediately becomes enraged and threatens me with a knife."

"Eight years ago I was devastated by his actions," Rahmat said. "Now I find it hilarious."

Rahmat was arrested after being found with a knife. "My friends also carried weapons to school, but mine had chicken blood on it which police assumed was human," he said.

"My friends were released without any charges the following day, but not me. I was detained for two weeks and later sentenced to nine months in prison. My parents didn't come throughout the trial process."

After learning that he couldn't go home or back to school, Rahmat decided to return to the only place willing to accept him, prison.

"The guards and the other inmates were my only friends back then. So I went to see them," he said. "I helped the janitors clean the cells, becoming an unofficial office boy, working for food and shelter."

Proponents of the retributive system to punish juvenile delinquents argue that prosecuting children as adults serves as a deterrent for others. But a 2010 study by the University of California, Los Angeles on the effects of prosecuting juveniles as adults found that within a three-year time frame, 82 percent of juveniles prosecuted as adults reoffend, a rate 16 percent higher than their older counterparts. These youths were often rearrested for more serious crimes than their original ones.

Finding a way out

In February last year, President Susilo Bambang Yudhoyono approved a proposal for 500 young prisoners to be pardoned after visiting a juvenile detention center and calling for a more merciful justice system for children.

The president himself noted that 90 percent of the children who ended up incarcerated were either unaware that they were committing a crime or were simply out of options and desperate.

Chandran Lestyono, spokesman for the Directorate General of Penitentiary Affairs, said that out of the 500 juvenile prisoners whose pardons were approved by Yudhoyono, only around 50 immediately received a full pardon.

"Not all of the pardon proposals were approved by the Supreme Court after they reviewed each of the cases personally," he said. "We gave the rest sentence reductions and eventually they were released on parole. Some children were transferred to Social Affairs [Ministry] custody."

Last Monday, more than a year after the president's oder, Patrialis Akbar, the justice and human rights minister, said the government was finally drafting a new bill on juvenile offenders to replace the 1997 Juvenile Offenders Law. The new bill, he said, would usher in a new set of regulations compliant with the United Nations Convention on the Rights of the Child.

This UN convention and Indonesia's own 2002 Child Protection Law stipulate that detention should only be used as a last resort, but imprisonment is often the first and only resort for children who have committed crimes in Indonesia.

But it could be months or even years before the bill is passed. In the meantime, teenagers like Hussein continue to suffer in jail.

Economy & investment

Big investors in Indonesia to get tax breaks

Straits Times - April 6, 2011

Lynn Lee – Indonesia is set to unveil a tax holiday scheme for large investors as early as next week, officials say, as the country ramps up efforts to woo manufacturing and infrastructure investment.

The first beneficiary of the incentive is expected to be South Korean steelmaker Posco, which inked a US$6 billion (S$7.6 billion) deal with state-owned Krakatau Steel last year. Their venture is an integrated steel mill in West Java, which will create more than 200,000 jobs and is likely to be operational by end-2013.

Details of the tax holiday have not been released, but recent comments by invest-ment officials indicate that investors could receive a tax break of between five and eight years after they turn a profit.

The tax holiday will be granted selectively, to companies which create jobs for locals, bring in new technology, and preferably set up shop in less developed areas.

Indonesia's corporate tax rate is 25 per cent for private companies, while the rate is 30 per cent in Thailand and 17 per cent in Singapore.

Last week, Mr Himawan Hariyoga, a deputy chairman at the government's Investment Coordinating Board, told reporters the tax holiday policy announce-ment could come before the start of a three-day infrastructure conference next week, where an estimated US$32 billion worth of projects will go on offer.

Indonesia is wooing domestic and foreign infrastructure investors as it can muster only around one-third of the US$200 billion it needs to build roads, railways, ports and power plants over the next five years.

Legislator Kemal Stamboel, a former senior partner at a Big Four accounting firm, said the tax holiday policy is symbolic of efforts to "lower the barriers" to doing business in Indonesia.

"If the tax holiday attracts more private-sector involvement in infrastructure, it will allow us to break up most of the bottlenecks that have hampered economic growth," he said, referring to oft-heard complaints from businessmen of high transport costs and poor distribution networks within the archipelago.

Mr Lee Yee Fung, trade agency IE Singapore's regional director for South- east Asia, said tax breaks could spur more big manufacturers to look at Indonesia. "And when the bigger boys start to invest, there could be positive trickle-down effects, enticing Singapore companies, for instance those in precision engineering component manufacturing, to look at Indonesia as a potential manufacturing destination as well."

The tax holiday scheme has been debated at length by government officials and politicians, with one concern being that it will depress tax receipts and affect the annual budget. But proponents of the scheme say it will encourage more investment inflows over the long term, which would offset any potential losses to the taxman.

Economist Muhammad Ikhsan, a special adviser to Vice-President Boediono, said tax holidays are traditionally more attractive to Japanese and South Korean firms than to "firms from Anglo-Saxon countries".

"Studies show that the tax rate is not among the top five issues of concern cited by most investors when it comes to doing business here," he said yesterday, adding that their concerns had more to do with how transparent the taxman would be in ruling on a tax dispute.

The issue of unclear regulations came up when two trade delegations from the United States visited Jakarta early this week. Undersecretary for Commerce Francisco Sanchez told Reuters on Monday that US firms are eyeing investments in Indonesia, but remain concerned about issues like 'protection of intellectual property rights and overall transparency'.

Arbitrary policy changes have also been a concern, with certain political parties and local businessmen lobbying for rules aimed at reducing foreign ownership or involvement in business.

Mr Dennis Heffernan, a member of the board of governors at the American Chamber of Commerce in Indonesia and a horticulture businessman, gave an example to an agri-business mission yesterday of a Bill passed by the Indonesian Parliament last year limiting foreign ownership in the horticulture business to 30 per cent. The Bill is retroactive and foreign entities have to transfer their excess stakes to domestic players in the next four years.

Finance & banking

Politician's death sparks debate on debt collecting ethics

Jakarta Globe - April 1, 2011

Ulma Nurriva – The alleged beating death of a politician, allegedly at the hands of Citibank debt collectors, has sparked a debate on whether the use of outsourced debt collectors, who often employ brutal tactics, is legal and ethical.

Outsourced debt collectors are legal, according to a 2009 circular from Bank Indonesia, under several circumstances. But David Tobing, a lawyer, said the circular stipulated that debt collection should not be done in ways that violate the law.

"The circular also requires creditors to use contracts that include clauses stating that the creditor will responsibility for all of the legal consequences arising from the actions of the collectors," he told the Globe.

David is currently representing a man in Bandung, West Java, who filed a lawsuit against an international private bank after a group of debt collectors beat his face and fractured several of his facial bones last year.

"The trial is ongoing. On the other hand with the Citibank's case, they have criminal liability, since a life was lost, as well as a civil liability, because this man was a father to his family. How can they survive after he died?"

Citibank is in the hot seat after the death of National Unifying Party (PPB) secretary general Irzen Okta on Tuesday. According to police, Okta, 50, died in a private room at Menara Jamsostek on Jalan Gatot Subroto.

South Jakarta Police chief of detectives Comr. Budi Irawan said Okta had gone to the office to discuss his credit card bill. According to Budi, Okta claimed he owed Rp 48 million ($5,500), while the bank said the actual amount was Rp 100 million.

Three bank employees, including two debt collectors, were in the room at the time of Okta's death, Budi said. An autopsy later showed that Okta had died from a brain hemorrhage.

The police have named three suspects – namely B, a Citibank officer, as well as H and D, who are the bank's debt collectors. "We have questioned five people. Three of them have been named as suspects," Budi said.

The police also confiscated evidence from the bank's office. "We have the autopsy report and witnesses' accounts. Other evidence includes blood stains on the curtains of the collections room, the room where the bank deals with customers with bad debts, on the fifth floor of Menara Jamsostek," Budi said.

Analysis & opinion

A replacement for Suharto's iron fist

Jakarta Globe - April 8, 2011

Mohammad Iqbal Ahnaf – An often overlooked consequence of Suharto's fall was the end of his strategies to stifle political radicalism.

The former strongman took no risk of allowing radical groups to gain ground in society and politics. He unflinchingly persecuted groups and individuals he saw as threats to his power. He enforced the "asas tunggal," or "sole basis" policy, which forced all social and political organizations to adopt Pancasila, the state ideology, ostensibly to prevent one religion or group from dominating others. Though the policy repressed activism for decades until its end in the post-Suharto era, the same strategy would have prevented the rise of hard-line groups that attack religious minorities today.

Of course, we cannot return to iron-fisted rule like Suharto's, not only because it runs counter to the ideals of democracy, but also because repression tends to nurture radicalism rather than eliminate it. What we urgently need is to replace the former president's repressive method with a democratic one.

At present, the government relies on a few pieces of law and regulation that are insufficient and weakened by their inconsistent enforcement. The 2003 Anti-Terror Law, for example only targets people involved in actual terrorism, and cannot be used against those who cause ethnic or religious conflict. Instead authorities use regulations on blasphemy and building houses of worship to prevent religious tensions. Unfortunately, the government often uses these regulations to persecute religious minorities. These edicts are routinely cited by radical Islamists to justify violence against Christians or Ahmadiyah, a minority Muslim sect.

This creates a vacuum in terms of policies promoting religious tolerance and preventing sectarian conflict, and one that comes at a time when religion's role in social and political life is on the rise. A work published this year called "God's Century: Resurgent Religion and Global Politics" highlights the global trend of religion's increasing political influence. What is remarkable about this, the authors write, is that religion's resurgence is driven by the very same forces that many theorists thought would lead toward the decline of religion: democratization and modernization. Freedom of expression and information technology does not only help revolutionaries in overthrowing authoritarian regimes like those in Egypt and Tunisia, but also in facilitating the spread of extremism.

It is no surprise, then, that a survey conducted by the Setara Institute for Democracy and Peace last year found that more than 50 percent of people living in areas around Jakarta objected to living in the same neighborhood with people of different religions or ethnicity.

This suggests the strengthening of what scholars call "strong religion," a tendency to bolster religious identity by competing with other religions and with secular institutions. Religious insecurity makes people see followers of other faiths as a threat. This makes them more likely to reject the presence and beliefs of others, in part causing the rise of religious violence.

Ironically, many political observers in Indonesia tend to play down the fact that Islam is politicized, citing the poor electoral showings of Islamic parties. But while they may find the idea of establishing an Islamic state laughable, but one cannot ignore the reality of growing sectarianism. Countries like Lebanon and Pakistan have demonstrated the difficulty of making democracy work in a society deeply divided along sectarian lines.

The threat of hard-line Muslim groups not only stems from their aspiration to turn Indonesia into an Islamic state, but also their ability to cause conflict by promoting their divisive views. These groups, often unpunished, find strength in promoting hate and causing fear.

The Ahmadiyah issue is a prime example of how sectarian sentiment helps hard-line organizations. Many are sympathetic groups like the Islamic Defenders Front (FPI) and Islamic People's Forum (FUI) for advancing the Islamic cause and defending Muslim identity against so-called deviants.

Political scientists suggest that the deepening of fragmentation of society can motivate political leaders to adopt extreme positions that appeal to voters and supporters concerned with sectarian issues. This tack is called "outbidding."

The extreme stance of Religious Affairs Minister Suryadharma Ali and a number of governors in proposing that the Admadiyah be dissolved is an example of outbidding.

At present, sectarianism is not deep enough to make the strategy a common policy. The dominance of secular parties indicate that political moderation is still paramount. However, if this growing sectarianism is left unchecked, it can deepen societal polarization and threaten unity. Addressing sectarianism does not necessarily call for the persecution of radical groups, as Suharto had done. Instead, the important thing is to eliminate an environment favorable to sectarian conflict.

To this end, several policies and measures merit consideration.

First, authorities need to create a system to enforce a Criminal Code provision that punishes hate crimes. This chapter makes unlawful any form expression that propagates hatred and disharmony based on religion and ethnic identities. It is ironic that authorities have been more focused on enforcing the derivative regulation on blasphemy than the hate crime provision, its parent law.

Further, policy makers should work with social leaders to encourage the formation of a cross-cutting society, which calls for equality in the demographic distribution of religious and ethnic groups. Development planning and fair employment should discourage the creation of religious and ethnic enclaves.

Such policies may not bring quick results, but unless they are initiated, the country's growing sectarian conflict could well turn Indonesia's "religious diversity" into societal division.

[Mohammad Iqbal Ahnaf is a doctoral student at Victoria University of Wellington and a lecturer at the Center for Religious and Cross-Cultural Studies at Gajah Mada University.]

The House's 'Ivory Tower'

Jakarta Post Editorial - April 6, 2011

Jakarta – The House of Representatives leaders' insistence on going ahead with building a Rp 1.16 trillion (US$118 million) super luxury 36-story office tower despite taxpayers' fierce objections is extremely fishy.

House Speaker Marzuki Alie showed off a semblance of arrogance when he rejected his Democratic Party's initiative to conduct a survey of public opinion about the project. He maintained there was no need to consult the public in this controversial affair.

Last year, following a public outcry regarding the project, the House decided to suspend the mega-project, but recently announced they would in fact go ahead with the construction project in June. Their compromise was reducing the estimated cost from an initial Rp 1.8 trillion.

Critics have questioned the need to spend Rp 800 million of taxpayers' money for each of the 120-square-meter room in the ultra cozy building, when the existing offices can still comfortably accommodate the 560 House members and their supporting staff.

The House leadership says the old office tower, Nusantara I Building, is terrifying because it is slanting, but this has become a public joke because a recent Public Works Ministry survey found the structure was perfectly OK.

Then legislators have clung to the flimsy argument that they badly need bigger and better spaces to improve their performance.

As they did in the past, some politicians – unconvincingly claiming to represent their political factions – are trying to appease public resentment by pretending they too are not very happy with the project. This sit-com style acting is obvious from the deafening silence of the House's political factions on the issue.

As we know, these factions are the mouthpiece of the political parties in the House, and are the actual decision-makers. Those clumsy voices of individual legislators do not count.

The politicians' stubbornness has come amid public scathing criticism of lawmakers' performance, which – interestingly – they have blamed on the old, less modern and ill-equipped office building.

The legislators' poor performance in lawmaking, which is their main job aside from the state budgeting and supervision of the executive branch of bureaucracy, is legendary. Over the past decade of the reformasi era, they have never achieved the targets they set. Last year, for example, they managed to accomplish only 14 of the 70 bills they had committed to endorsing into law.

Public criticism has not discouraged lawmakers from making costly unaccountable overseas trips for the dubious purpose of "comparative studies" on lawmaking. Corruption continues to mire the legislative body with dozens of lawmakers having been jailed or standing trial for graft.

The plan should be canceled and the money be reallocated for urgent projects now with the public increasingly feeling the pinch of economic difficulties.

Just imagine, the Rp 1.16 trillion would be enough to build some 11,000 elementary school buildings, or to pay the health insurance of 22 million poor citizens who are powerless to the skyrocketing medicine prices.

The legislators should show the public their moral integrity and achievements to make us all proud before they come out with an idea for an impresive new workplace. How come legislators can ignore the objections and the plight of the people they represent?

Instead of living in an Ivory Tower, the lawmakers, as representatives of the people, should instead reach out to and do their best for their constituents.

The Thinker: Sex, lies and a luxury tower

Jakarta Globe - April 6, 2011

Johannes Nugroho – Furor has broken loose in Senayan over plans to build a Rp 1.13 trillion ($130 million) legislative office tower. Across town, in a little-known district of Bekasi, a local scandal stunned the public as 32- year-old Muhamad Umar was found to have somehow legally and yet unknowingly married a male masquerading as a woman.

The two events, newsworthy as they are, appear unrelated. However, on a deeper level, both are an incisive testament to the degree to which Indonesia practices democracy and upholds human rights.

The new House office block could not have come at a worse time with Indonesians facing price hikes for basic commodities, social unrest and high unemployment. While most citizens have to make do with meager incomes and the most basic facilities, it is indeed insensitive for lawmakers to propose building their own luxury tower.

If nothing else, the project has confirmed that while lawmakers are ardent defenders of their own privileges and perks, they appear inept at defending the interests of the people who elected them. The public dismay at this has prompted a chain reaction among lawmakers, many of whom are making a U-turn after previously approving the project.

House Speaker Marzuki Alie, while failing to see why the project lacks merit, is right in pointing out that most lawmakers did in fact support it initially. It seems a sudden and newfound empathy with the disenfranchised public has turned it all around.

It's not difficult to imagine our politicians as anything more than a group of infantile individuals of no integrity who are focused on feathering their own nests. As such, they are poor guardians of the democratic ideals they are supposed to uphold.

The public scandal involving Muhammad Umar and his bride, Rahmat Sulistyo, also known as Fransiska Annastasya Oktaviany, ridiculous as it is, has also unearthed some disturbing facts about our society.

First, for a male to have successful registered his marriage under a female pseudonym is simply mind-boggling. The only way for Rahmat to legally pass as Fransiska was through the use of false state papers, undoubtedly legalized by bribed officials. It was also revealed that a medical clinic report certifying Rahmat to be female had been issued, no doubt by another feat of bribery. And then there's the elderly couple paid to parade as Fransiska's parents.

The mentality of corruption appears to be firmly embedded in the Indonesian psyche. Such behavior, once the domain of high-level officials in Suharto's days, has now, in a tragic "As Above, So Below" parody, taken root in the everyday life of the country's citizens.

Caught up in the astonishing daring behind the scandal, people have forgotten that the methods used to expose Fransiska as Rahmat constituted a serious breach of human rights. It was reported that, reminiscent of the mob brutality against the Ahmadis, local residents stripped the offender naked in public against his will.

To add insult to injury, the police, the supposed guardians of the law, appeared to have found this act acceptable, again reminiscent of how police officers stood by while hard-line Muslims physically abused participants at a gender and sexuality conference in Surabaya a while back.

So it is evident that the ignorant many among our citizens – including the police – – desperately need to learn the basics of human rights. The law simply cannot bend its knees before mob rule.

Meanwhile, Umar, the deceived husband, is being portrayed as the victim and is now doing a good job of crying foul.

However, considering he lived in apparent wedded bliss until the neighbors started banging on the front door and public humiliating his wife, his decision to end the marriage appears little more than "face saving" and a definite bow to the self-righteousness of the mob. And, having lived with Fransiska for six months, it's difficult to believe Umar didn't notice something was up, so to speak.

The saga over the House office block, which probably has more to do with prestige and kickbacks than necessity, along with Fransiska's tale, border on the ridiculous. Such things can only happen here and we might as well have a good laugh at ourselves. But beneath the laughter, we also know there are serious issues to be resolved.

The democratic ideals of the Reformasi era seem to have been lost somewhere along the line. While our rulers squabble over the nation's riches, mobs rule our streets unhindered. Time to stop laughing.

[Johannes Nugroho is a writer based in Surabaya.]

Indonesian government blamed for religious violence

Direct Action - April 2011

James Balowski, Jakarta – The gruesome murder of three members of the Ahmadiyah religious sect by an Islamist mob has left Indonesia's image of pluralism and religious tolerance in tatters. On February 6, a mob of 1500 people attacked 21 Ahmadiyah members in Cikeusik, a village in Banten province in Java, killing three and seriously wounding five others. Around 30 police officers were present but did little to stop the attack. An amateur video posted on YouTube shows the gruesome beating of the men with wooden sticks, hoes and machetes.

The public outcry was immediate and loud, condemnation coming from ordinary Indonesians, moderate Muslim leaders, NGOs and rights activists. Human rights NGO Imparsial condemned the police inaction: "Once again, the police, as a state apparatus, failed to guarantee religious freedom by protecting the Ahmadis from violence". The Wahid Institute blamed President Susilo Bambang Yudhoyono: "Violence against Ahmadis is an almost daily occurrence, yet the President does nothing to address this".

The Setara Institute for Peace and Democracy urged national police chief General Timur Pradopo to summon the Pandeglang police chief and Yudhoyono to sack religious affairs minister Suryadharma Ali for repeatedly failing to react to or even acknowledge acts of religious violence. The February Jakarta Post 8 called the murders "a concrete example of state-sponsored terrorism against the country's own citizens". However, the major political parties have made little effort on the government to harden its defence of religious freedom.

Legitimising discrimination

Ahmadiyah was founded in India in 1889. It holds that the group's founder, Mirza Ghulam Ahmad, was the last prophet, which orthodox Islam considers the position of Muhammad. The sect is banned in Pakistan, Malaysia and Saudi Arabia. Formally recognised in Indonesia in 1953, it has around 300,000 followers here.

In 2005 Indonesia's top religious body, the Indonesian Council of Ulema (MUI) issued an edict against Ahmadiyah, calling its teachings blasphemous. That year President Yudhoyono said his administration would "embrace the views, recommendations and edicts of the MUI". In June 2008 the government enacted a decree requiring Ahmadiyah to "stop spreading interpretations and activities that deviate from the principal teachings of Islam". Yudhoyono's governing coalition includes all of the conservative religious parties in the parliament.

Discrimination is also legitimised by the 1965 blasphemy law, which recognises only Islam, Protestantism, Catholicism, Buddhism, Hinduism and Confucianism. Other religions are officially banned. A 2006 decree set stringent requirements for the establishment of places of worship. Muslim groups frequently use this to justify closing churches. Official state ideology includes a "belief in one god", which both excludes atheism as well as polytheism.

Scores of sharia-based by-laws have also been enacted by regional administrations. The National Commission on Violence Against Women says there were 154 discriminatory by-laws against women enacted in 2009 and an additional 35 by September 2010.

Increasing attacks

Persecution and violence against Ahmadis rose dramatically following the 2005 edict, Islamist groups attacking the group's headquarters near Bogor. Assaults continued through 2006 and 2007.

Things deteriorated further following the 2008 ministerial decree. In 2008 and 2009, there were attacks against the Ahmadiyah in Ternate, Lombok, West Java, West Sumatra, South-east Sulawesi, North Sulawesi and Kalimantan. More incidents followed in 2010. Less than two weeks before the Cikeusik murders, police "evacuated" members of Ahmadiyah from their mosque in Makassar following threats by the Islamic Defenders Front (FPI), which later vandalised the property.

In almost all these incidents, police were present but failed to stop attacks or hold accountable those responsible. In the few cases where perpetrators have been brought to trial, courts have handed down light sentences. There has also been a rise in incidents of mobs intimidating judges and prosecutors.

According to the Setara Institute for Democracy and Peace, attacks have steadily increased, from three in 2006 to 15 in 2008 and 33 in 2009. In 2010 there were 64 incidents, ranging from physical abuse to preventing groups from performing prayers and burning houses of worship.

A survey by the Moderate Muslim Society recorded 81 cases of religiously motivated attacks and discrimination in 2010, up 30% from 2009. A report by the Wahid Institute recorded 193 instances of religious discrimination and 133 cases of non-violent religious intolerance, up by half from the year before. At least 11 churches and Christian institutions in Greater Jakarta were either destroyed or sealed in 2010.

In September two leaders of the Batak Christian Congregation (HKBP) in Bekasi were assaulted and stabbed after the FPI pressured local authorities to close a church. Thirteen defendants, including the head of the FPI's Bekasi chapter, were later sentenced to a few months' jail for what the judges called "unpleasant conduct"

Spreading hatred

While local people often become embroiled in these attacks, religious leaders spreading hatred play a central role. Rights activists say that both the Cikeusik murders and an attack on two churches and a Christian school in Central Java were whipped up.

In February 2008, a shocking video circulated on the internet showing Sobri Lubis, an FPI cleric, calling on an audience of hundreds to kill Ahmadis. "Kill them, don't worry. [FPI leader] Rizieq [Syihab] and I will take responsibility", he said. In 2008 Syihab was sentenced to 18 months for inciting violence at a Jakarta interfaith rally, but Sobri has never been prosecuted.

Outside provocateurs have also played a role. Claiming to represent local residents, in 2009 hard-line Islamic groups began calling for the closure of HKBP in Bekasi. In August 2010 the congregation came under repeated attack by the Islamic Community Forum (FUI), culminating in the assault on two officials. Many local residents, however, said they did not object to the HKBP. "For dozens of years we have never had any problems with the congregation", said Ery, a Muslim who has lived in the area for about 20 years. The problem started only in 2009, when dozens of men in traditional Muslim attire began protesting. "I don't know where they came from. They just showed up out of the blue", she told the Jakarta Post.

According to a 2010 Setara report, local governments are the principal violators. The sealing of churches and the refusal to grant building permits top the list of violations, followed by the closure and burning of churches and the obstruction of services. Political motives, extortion or "intolerant groups" underpinned most cases. "The local administration sees these groups as assets for local elections", Setara deputy chairperson Bonar Tigor Naipospos told the Post.

Not just religious minorities are targeted. On January 13 police in Surabaya broke up a meeting on tolerance hosted by Setara after members of the Force of the Defenders of Islam tried to do so. Four days later a transsexual beauty pageant in Jambi province was broken up by members of the Muslim Students Association.

Setara said police scrapped an event scheduled for January 21 because of pressure from the FPI. "Indonesia and the World in 1965" was to have addressed the alleged coup attempt of 1965, which the military and government officially blame on the now-banned Indonesian Communist Party (PKI). The FPI has broken up several similar meetings.

Complicity

The national police – which claimed on March 6 that Ahmadis wanted the Cikeusik attack to happen – have long been criticised for allowing hard- liners to rampage with impunity. Despite video evidence showing who led, directed and perpetrated the attack, no one has been indicted, and police have failed to identify the group involved.

Last year the national police issued a regulation implementing a shoot-on- sight policy during ethnic, religious or racially based conflicts. It was not used during the Cikeusik or other religious attacks, in stark contrast to 317 cases recorded by the Indonesian Forum for the Environment in which police have used live ammunition against unarmed farmers defending their land against palm oil companies or property developers. On January 15 members of the notorious Mobile Brigade shot six unarmed farmers in Jambi province for allegedly trespassing on a privately owned oil palm plantation.

President Yudhoyono condemned the Cikeusik attack and vowed a full investigation. On February 11 General Pradopo removed the Banten and Pandeglang police chiefs.

Yudhoyono also ordered that groups advocating violence be shut down. Instead, on February 17 Home Affairs minister Gamawan Fauzi met leaders of the FPI and FUI to hear their suggestions on what to do about Ahmadiyah. Fauzi described the meeting as "warm and friendly". In an interview posted on the group's website the following day, FPI chairperson Habib Rizieq Syihab stated: "... if today, just three infidel Ahmadis were murdered, possibly tomorrow or the next day there will be thousands of Ahmadi infidels who will be slaughtered by Muslims".

Despite the 2005 edict and 2008 decree being used to justify attacks, the government has steadfastly defended them. Lawmakers from Yudhoyono's party have called for Ahmadiyah to repent, recognise their sins and return to mainstream Islam. Islamic-based United Development Party (PPP) chairperson and Religious Affairs minister Suryadharma Ali, who has repeatedly called for the sect to be banned outright, denied that the 2008 decree was to blame, saying it was aimed at "protecting" Ahmadiyah.

Emboldened by the government's inaction, on February 18 around 500 people held an anti-Ahmadiyah rally led by the FPI in Jakarta, demanding that the government disband the sect. "Ahmadiyah teachings say that non-Ahmadis must be killed, so they must be eliminated first", an FPI speaker told the crowd.

Bannings

Several regional administrations have enacted by-laws prohibiting Ahmadis from practising their faith. On February 28 the East Java government outlawed the display of Ahmadiyah mosque and school signs and the use of "electronic media" to extend their teachings. In February and March, nine other provincial and regency administrations enacted bans.

West Java went further, coordinating with the local military command to urge mainstream Muslims to occupy Ahmadiyah mosques. Police and military officers also visited Ahmadi homes across West Java, bribing or coercing members to renounce their faith. Imparsial said it had recorded 56 such cases. Soldiers have entered mosques, gathered sect followers and "forced them to repent and convert to Islam", it said.

The West Java regional military commander called for Muslims to conduct "an attack of prayer rugs", occupying Ahmadi mosques and "filling them with the correct teachings of Islam". The government admitted that soldiers had been entering Ahmadi mosques but denied there had been forced conversions. Justice and Human Rights minister Patrialis Akbar told reporters the soldiers entered to protect Ahmadiyah followers. However, an army (TNI) spokesperson conceded that the West Java administration had asked the TNI to "help them more effectively phase out the activities of Ahmadiyah".

Orthodox clerics in East Java are now ratcheting up their rhetoric against Shiite Muslims, claiming that their "ideals are so deviant that their teachings need to be exterminated". In February a mob hurled rocks at the Alma'hadul Islam boarding school in Pasuruan, East Java, seriously injuring four Shiites. Ignoring eyewitness reports, officials dismissed the incident as a "student brawl".

Political backing The majority of Indonesians are accepting of other faiths, and most parts of the country are at peace. Critics say President Yudhoyono's ruling coalition, which relies on the support of Islamic parties, is to blame for the violence.

The PPP, a leftover from the Suharto regime with a traditional base among Muslims, has suffered a steep decline in its vote in the last two elections. Suryadharma Ali was recently accused by political opponents of using the Ministry of Religion to bolster the PPP's flagging electoral fortunes.

The conservative Justice and Prosperity Party (PKS) in recent years has campaigned primarily on issues such as clean governance, but, like the PPP, its agenda remains turning Indonesia into an Islamic state. The PKS was a staunch supporter of the 2008 anti-pornography law and even pushed for a clause to imprison people for up to 10 years for kissing in public. PKS chairperson and information minister Tifatul Sembiring claims immorality is to blame for recent natural disasters.

In February these parties threw their support behind the FPI following calls to disband the organisation. Senior PPP official Hazrul Azwar said it would be better for the government to build a partnership with the FPI. "This is an important thing because they must help the government to uphold stability", Azwar said.

The government is also fostering a conservative and moralistic atmosphere that feeds into the agenda of extremist groups.

All of the political parties in Yudhoyono's coalition support neoliberal polices. Yudhoyono, who when first elected five years ago set out an agenda to eradicate corruption, reform the economy and combat terrorism, has done little other than draft policy blueprints and fend off criticism over embarrassing scandals. The political parties and lawmakers have been embroiled in a string of corruption scandals. The general public, who see them as enriching themselves at the country's expense, hold them in contempt.

Opinion polls consistently show 60-70% of respondents having no confidence in the government to resolve key economic and political issues. Unwilling or unable to address the real issues, which would threaten the interests of the political elite, the government has increasingly turned towards morals campaigns, which prominent Indonesian feminist and author Julia Suryakusuma describes as "moral panic" and a "policy of distraction".

Voter abstention of around 40% is already evident in recent regional elections. Many candidates are trying to counter this by seeking electoral support from hard-line Islamic groups. Parties across the spectrum have pledged to pass sharia-based by-laws, place restrictions on places of worship or ban "deviant" religious sects.

Police, military links

When founded in 1998, the FPI had links with the commander of the Jakarta police. It was set up along with other military-backed vigilante groups to counter student demonstrations. It later adopted a conservative religious platform and was best known for vandalising Jakarta nightspots. There have been numerous allegations of it extorting money from gambling and prostitution and hitting only establishments that skip payments to local police.

Timur Pradopo is reportedly a founding member of the FPI. Last August, Jakarta Governor Fauzi Bowo and Pradopo – then Jakarta police chief – attended the FPI's 12th anniversary celebrations, one day after the FPI offered its services to enforce a city by-law banning some entertainment establishments from operating during the Muslim fasting month.

Islamist links with the TNI go back to 1965, when Suharto and the military employed Islamic groups in the slaughter of an estimated 1 million communists and left-wing sympathisers. In 1999 the military supplied and transported jihadist recruits to Ambon in Maluku and Poso in Central Sulawesi, escalating a sectarian conflict that cost tens of thousands of lives.

In June an FPI mob broke up a meeting in Banyuwangi, East Java, attended by lawmakers overseeing health affairs. The FPI claimed it was a reunion of former PKI members. Indonesian Democratic Party of Struggle lawmaker Kusuma Sundari accused the security forces of secretly supporting Islamist vigilantes as a paramilitary force to intimidate opponents and commercial rivals. "There is information saying the FPI is a pet of the TNI, and the police hesitate to deal face-to-face with the military", Sundari told the Jakarta Post.

On July 2 FPI deputy secretary general Awit Mashuri told the TVOne channel that the FPI had always "coordinated" with the state apparatus before acting. "The information that ex '65 people [communists] were gathering came from district military intelligence unit", Mashuri said, referring to the Banyuwangi meeting.

Dangerous alliance

Security analysts warn of a growing alliance between hard-line Muslim groups and fundamentalists with terrorist links. In Jakarta on March 2, Sidney Jones of the International Crisis Group said groups like Jamaah Ansharut Tauhid (JAT), which has links to convicted terrorists and seeks to implement sharia law across the archipelago, and Mujahidin Kompak, which has been linked to the violence in Ambon and Poso, usually did not see eye to eye with the FPI and FUI. But there now appeared to be a merging of extremist agendas. The success of the moral conservatives in pushing for sharia-inspired by-laws and regulations had led the two factions to cooperate.

Terrorism analyst Noor Huda Ismail told the discussion: "The FPI and FUI are using JAT's vast international connections for funding", and: "These groups would not normally form a coalition because of the huge ideological and tactical differences between them, but these issues [of religious minorities] are glue that binds them together".

A series of "book bombs" started in Jakarta on March 15 and spread to several other cities. The first device was sent to moderate Islamic scholar and pluralism activist Ulil Abshar Abdalla, who has received death threats since 2001. The second and third were sent to National Narcotics Agency chief General Gories Mere and Pancasila Youth chairperson Yapto Soelistyo Soerjosomarno. Gories is known as a Catholic activist, while Yapto is half Jewish and the leader of an organisation whose members are mostly engaged in protection rackets. The bombs fortunately did not go off as planned. According to a March 22 report by Al Jazeera, "senior retired generals" are supporting the FPI and other hard-line groups to incite religious violence and overthrow the government. "The generals are using the groups in their efforts to topple President Yudhoyono because they feel he is too weak and too reformist", said the report.

Retired army chief of staff General Tyasno Sudarto, who in 1999 was allegedly involved in a counterfeit money operation to finance pro- Indonesian militias in East Timor, told Al Jazeera that his aim was to topple Yudhoyono in a "revolution". "We work together to enlighten each other... They fight in the name of Islam, we use national politics but we have a common goal, which is change."

Indonesian women struggle against poverty, discrimination and exploitation

Direct Action - April 2011

Zely Ariane, in Jakarta – International Women's Day is still much less known among Indonesian women than May Day is among Indonesian workers. This is not surprising because the struggle for the liberation of women developed only several years after reformasi – the movement that toppled the Suharto dictatorship in 1998. Then there was a mushrooming of different kinds of women's organisations, communities, non-government organisations (NGOs), research institutions and legal aid that openly advocated women's social and political rights.

Before reformasi, for 33 years the Indonesian people lived under the dictatorship of Suharto, who suppressed politically and organisationally the ideas of women's liberation and equality. Not killing only ideas, the regime also killed or imprisoned thousands of activists from the Indonesian Women's Movement (Gerwani) in 1966. Suharto maintained that women are a complement of men; the organisations introduced by the dictatorship were "housewife" organisations and family welfare groups.

There is still no mass women's movement that continuously campaigns for and organises women around women's issues. Many women's organisations are NGOs and research centres. They are usually involved in various committees to support legal or parliamentary lobbying for reforms such as a 30% quota for women in legislatures or against domestic violence. These committees are usually institutionalised in the hands of several big NGOs and never develop into a mass movement. This partly explains why International Women's Day is still largely unknown.

Most oppressed

The poorest Indonesian women are workers, village housewives, young women and urban poor women. They suffer the most from the economic and political policies of the pro-imperialist government. According to the Indonesian Health Demography Survey, in 2008 the maternal mortality rate was 320 per 100,000 births, the highest in Asia. Around 6.5 million Indonesian women are illiterate, twice the number of illiterate men, and women's participation in higher education is lower. According to the Indonesian Statistics Bureau, Jakarta region, women are 88% of the unemployed in Jakarta.

These numbers are worsening because women are laid off more often than men because they are not considered family heads. When economic crisis hit Indonesia in 1997, it largely destroyed manufacturing industries (garments, textiles, electronics and beverages). Women workers, who were mostly employed in those industries, were the ones who suffered massive lay-offs.

There are frequent violations of women's rights in the workplace. Workers' rights are still unknown by many women workers. They don't know that they have the right to unionise, to maternal leave and to menstruation leave with full payment. Women workers also receive lower wages than their male counterparts, especially in terms of allowances.

In this situation, poverty is an urgent problem for women. Capitalism and imperialism have destroyed women's chances of being economically independent. Cuts to education and health care subsidies and the privatisation of higher education have cost women the most. It's no wonder the Millennium Development Goals of lowering women's mortality and illiteracy rates have not been met. These facts are reinforced by the impact of the current capitalist economic crisis, which has made the prices of basic foods skyrocket.

There is no official prohibition on women enrolling in school, but in a strongly patriarchal culture, women from poor families will always be second in line to receive education. The pro-imperialist government has nothing to lose from the fact that women are a minority in education, as it is also in favour of women being the cheapest reserve army of labour. It's not surprising that millions of Indonesian migrant workers, without proper skills and unfamiliar with workers' or women's rights, have been sent abroad, mostly as domestic workers. Many of them experience sexual abuse, rape, unwanted pregnancy, physical abuse and trauma, sometimes to the point of driving them to suicide.

Indonesian women are losing ground as regards to the democratic right to control their own bodies. There are now 151 regional sharia laws and "pornography laws" that regulate women's bodies and behaviour. It happens frequently that the sharia laws are used to criminalise women workers or prostitutes. They are also used as justification by some reactionary Islamic groups that frighten and abuse women – mostly prostitutes or women who have to work until late at night – on the street.

The right of women to fully control their own bodies, including having access to safe abortion, is still very far out of reach.

Perempuan Mahardhika

The organisation Perempuan Mahardhika (Free Women) was established in Jakarta in 2006 as a tool for women activists struggling for women's rights in different areas of society. Perempuan Mahardhika organises working women, women students, village or peasant women and urban poor women. It has been fully involved in the struggle for liberation of the Indonesian people and of women through political activities, cultural struggles and grassroots organising. Perempuan Mahardhika is aware that fundamental change can take place only if it involves the direct participation of women and all working people.

Perempuan Mahardhika believes that the struggle for women's liberation and equality is a struggle to change society, the economic system and power. Unity in struggle and a mass women's movement are key methods to win the demands of the majority of women. That is why Perempuan Mahardhika always takes part in or initiates the support of any women's demand in the form of mass action and mobilisation. International Women's Day is one of the occasions on which Mahardhika has campaigned every year since 2006.

This year Perempuan Mahardhika, together with different left and democratic forces, commemorated IWD in seven cities: Medan (North Sumatra), Jakarta, Yogyakarta, Makassar (South Sulawesi), Ternate (North Maluku), Samarinda (East Kalimantan) and Mojokerto (East Java). The general theme was "SBY [President Susilo Bambang Yudhoyono] and [Vice-President] Boediono, parliamentary political parties and elites have failed to maintain democracy, to provide welfare and to protect women from exploitation, violence and sexual discrimination". There were also specific demands according to the situation in each city.

In Jakarta, Perempuan Mahardhika supported the Committee of Women's Liberation, which campaigns mostly for women workers' rights like maternity and menstruation leave, against sexual harassment in the workplace, for reasonable wages, protection for domestic workers and women migrant workers, employment that is productive and free from exploitation, free health care and education and against discrimination against LGBT people.

In Yogyakarta, Perempuan Mahardhika supported the Indonesian Women's Movement, which has similar demands with stress on the need to abolish or revise all discriminatory laws, such as the "pornography law", "anti- prostitution" regional laws and the 1974 Marriage Law. In Makassar, Samarinda and Ternate, the demands were similar.

Ironically, in Yogyakarta most of the women's NGOs in the committee named Yogyakarta Women's Network held an action calling on people to hug each other to commemorate IWD. They also shook hands and said "Happy Women's Day" to people in the street. Do they know how rare happy days are for the majority of women in Indonesia's economic and political system? History has shown there will be no achievement of women's rights without confronting patriarchal and capitalist governments – and those confrontations are life and death struggles for most women.

[Zely Ariane is an activist with Perempuan Mahardhika and national spokesperson of the Political Committee of the Poor-Peoples Democratic Party (KPRM-PRD).]

Poverty fuels Kalimantan timber smuggling

Jakarta Post - April 1, 2011

Omar Pidani, Jakarta – Timber smuggling from Indonesian forests along the Kalimantan-Malaysia border has long become a "pain in the neck" for the country. Every year, approximately 2-4 million cubic meters of logs are transported from several locations in Indonesia to fulfill demand in Malaysia, mainly from wood processing industries.

It has been suggested that the amount has been decreasing gradually, yet it certainly is difficult to provide accurate estimates due to poor data handling.

In terms of size, the NGO EIA-Telapak suggested in 2004 that around 8.2 million hectares of production forest and 1.8 million hectares of protected forest in Kalimantan had been decimated heavily. Others suggest that encroachment into protected forest zones is still happening, although sporadically.

From the Indonesian side, timber smuggling has made the country suffer Rp 36.2 trillion (US$4.16 billion) in total losses, with Rp 25.4 trillion lost in landslide impacts and Rp 10.8 trillion from the loss of ecosystem and water regulation functions. That number may be higher due to subsequent droughts, floods and fires.

Extensive forest destruction that comes with timber smuggling will also mean the loss of livelihoods among the local communities. This is particularly true for indigenous forest dwellers who have been living in the area and long-dependant on forest resources to support their day-to-day life.

These communities are not only "poor" by poverty indicators but also fragile, as they lack skills needed to survive in a no-forest scenario, and therefore cutting down the whole forest means destroying their feeding grounds and hence their existence.

Is it easy to tackle this problem? The answer is certainly not, and this is because there are a lot of things going on at the ground level that cannot be simply stopped by putting in place some regulations, erecting fences or shooting guns. If we consider timber smuggling at the frontier as a dependant variable, than there are a number of independent variables that we need to take into account.

The first independent variable is the demand from Malaysian wood industries. Malaysia currently has 11.8 million hectares of production forests, and this is certainly not enough to sustainably supply its current industrial installed capacity.

UN Economic Commission for Europe and the FAO reports said that in 2007 alone, Malaysia had to import 5 million cubic meters of round wood and 3 million cubic meters of sawn wood to fulfill the demand of its industries because it lacked supplies from its production forests.

If wood industries along the other side of the borders are economically rational, they will certainly consider getting timber from the nearby forests to save costs. The Indonesian government once approached its Malaysian counterpart to take necessary steps to ensure that its industries procure logs only from legal sources.

In response, the Malaysian government banned round wood imports from Indonesia in 2002 and sawn timber imports in 2003.

Still, these did not have much affect in lowering the timber-smuggling rate. Indonesia might accuse Malaysia of failing to firmly enforce the bans, but Malaysia can also argue that Indonesia's standard of timber legality is too weak, and falsification and manipulation of timber verification documents (SKSHH) and exporter licenses (ETPIK) are rampant.

Others believe that smuggling continues because there is no procedure agreed upon between the countries for timber legality verification, and this makes it very difficult to define which timber is legal or illegal.

In addition, some argue that the definition of legality may be blurred because communities across the border are still influenced by the implementation of a free trade zone (FTZ) and barter trade zone (BTZ) such as in Sarawak, in which timber may be listed as freely traded goods.

As the smuggling cases perpetuate and may expand toward a state security issue, Indonesia has implemented a more stringent approach using military force. For a while, this seemed to slow the rate of smuggling, but was unable to stop it totally.

Some problems with the efforts arose: first, because military operations cost too much and the military elites themselves apparently benefited and played a role behind the timber smuggling. Second, military operations were inefficient because of the difficult terrain and poor road infrastructure.

It was also suggested that the military had a poor understanding of the social aspects in play, such as routes people had traditionally used to smuggle timber. At the same time, local governments also took part by selling timber that came from infrastructure development to middlemen who then channeled the logs to industries in Malaysia. Overall, in 2004-2008 timber smuggling perpetuated even along with military operation.

We are now seeing external facilitators such as Europe-based UK-DFID and EU-FLEGT to help both Indonesia and Malaysia develop better law enforcement, governance and trading policies in the forestry sector.

However, the Indonesian government should also look at the other side of the story, such as high levels of poverty among people living across the borders and the weak capacity of local governments and local stakeholders to take part in law enforcement.

The central government should be aware of the fact that 26 out of 199 regencies located at cross-border zones are categorized as disadvantaged regions, some with economic growth of less than 3 percent per annum.

Indonesian resident across the Kalimantan border have a per capita income of less than US$300, far lower than their Malaysian neighbors who enjoy per-capita income of between $4,000 and $7,000. Poverty is obviously a strong push factor of timber smuggling.

The central government also needs to increase efforts to enhance the capacity of local governments and local stakeholders if efficiency and effectiveness of law enforcement are expected.

Weak capacities of local governments and stakeholders have long been speed bumps to efforts in minimizing forest crimes.

In particular, capacities in managing forest resources data and in monitoring changes of forests over time are crucial aspects that need to be strengthened to continuously control timber smuggling and other forest crimes.

[The writer is a lecturer at the Forestry Department, Haluoleo University, a former Australian Partnership Scholar and a research assistant at the College of Asia and the Pacific, Australian National University.]

MUI should issue fatwa to stop House project

Jakarta Post - April 1, 2011

Muhammad As'ad, Surabaya – Many people, from civil society activists to pedicab drivers, are debating whether it is necessary for the House of the Representatives (DPR) to build a fancy building that will include an Rp 800 million (US$92,000) suite of offices for each legislator.

Critics have lashed out – in loud voices, naturally – at the plan, calling it ridiculous, irrational and insensitive of the millions of people who live below the poverty line.

Many critics argue that the building's Rp 1 trillion budget would be better spent on building thousands of new homes for the poor or thousands of kilometers of new roads in Jakarta and other regions across the country.

However, these protests have fallen on the deaf ears of all but a few opposing lawmakers. House leaders and members have stubbornly defended their plan, saying the new building would give them needed space and facilities to increase their progress in passing legislation.

Surely this reflects the real image of our country, where the elite never care for the people.

There is an irritating question related to the controversy: Where on earth are our clerics, the religious leaders of this Muslim-majority nation? Do they stand with the legislators? Or do they stand with the people who want to reject the megaproject? If they are with the people, why have the clerics not articulated their followers' opposition?

This question is aimed squarely at the Indonesia Ulema Council (MUI). The MUI guide their ummah (people), usually in the form of an edict. This ongoing debate in the House needs guidance from the MUI – particularly through an edict that would show that the council cares about the ummah, unlike the legislators.

Opposition to the project was voiced by the chairman of the Association for Indonesian Muslim Intellectuals' (ICMI) Europe branch, Sofjan Siregar.

Sofjan told reporters that "construction of the new building is forbidden under Islam [haram]. The people as taxpayers are not willing to have their money spent on the project and think that the new building is not a necessity."

He suggested that the MUI issue an edict that would forbid the construction project as an extravagant and superfluous violation of popular will.

The MUI is known for issuing counterproductive edicts condemning secularism, pluralism and liberalism and members of the minority Ahmadiyah Muslim sect.

In the case of Ahmadiyah, the MUI's stance sparked a controversy as it provided legitimacy to hard-liners to attack the sect's followers. We still remember the incident in February where attackers killed three Ahmadis in Banten. In some ways the acts of violence were stimulated by the edict.

Issuing an edict forbidding construction of a new House building would allow the MUI to rehabilitate its name as a moral and spiritual compass for the ummah and also unify the people against the will of the politicians.

In Islam, clerics are considered heirs of the Prophet (warathat al-anbiya). One of their missions is to command what is right and forbid what is wrong (amar ma'ruf nahi munkar). That is why the clerics are given authority to issue edicts that will guide their ummah toward what is right.

In addition, the Prophet is seen by Muslims as both a religious and political leader. Referring to those dual functions, clerics are allowed to provide guidance related to religious and political matters.

Given mounting public opposition to the House building, the MUI should issue an edict that bans the construction project. It is better for the House to use the money for programs that might improve their constituents' quality of life.

Such an edict would help the MUI regain public respect and confidence as it dares to stand with the people.

[The writer is a lecturer at the Sunan Ampel State Institute of Islamic Studies (IAIN) in Surabaya and the University of Darul Ulum (Undar) in Jombang.]